1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, March 11, 2013 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X March 11, 2013 2 PAGE 3 --- Commissioners' Comments 6 4 1.1 Update report on Wounded Warrior Program 8 5 1.2 Consider/discuss, take appropriate action on request from Hill Country Swap Meet to use the 6 Show Barn; update on the March 2nd Swap Meet 14 7 1.3 Public Hearing regarding revision of plat for Lots 1-R, 3-R, & Lot 6-R, Castlecomb Subdivision 20 8 1.4 Presentation of plaque to Kerr County as the 9 first Purple Heart County in the State of Texas 21 10 1.5 Consider/discuss, take appropriate action on final approval regarding revision of plat for 11 Lot 1-R, Block 2, Castlecomb Subdivision 23 12 1.6 Consider/discuss, take appropriate action on final approval regarding revision of plat for 13 Lot 3-R, Block 2, Castlecomb Subdivision 23 14 1.7 Consider/discuss, take appropriate action on final approval regarding revision of plat for 15 Lot 6-R, Block 2, Castlecomb Subdivision 23 16 1.8 Consider/discuss, take appropriate action for final approval of alternate plat for Block 1 of 17 Kensington Subdivision, Precinct 2 23 18 1.21 Consider/discuss, take appropriate action to approve Agreed Final Judgment in the matter of 19 Kerr County, Texas, et al, vs. The Estate of L. DeJuan Abel, et al, 216th Judicial District 24 20 1.9 Consider/discuss, take appropriate action to 21 accept preliminary revision of plat for Lots 4 & 5 of Oak View Estates; set a public hearing 33 22 1.10 Consider/discuss, take appropriate action to 23 open and read cost proposals submitted for County's 710065 OSSF grant for septic system 24 installation/mitigation for Round Three approved homeowners 36 25 3 1 I N D E X (Continued) March 11, 2013 2 PAGE 1.11 Consider/discuss, take appropriate action to 3 authorize County Judge to execute Small Purchase Record contingent on homeowner approval and 4 eligibility of installer 37 5 1.12 Consider/discuss, take appropriate action to approve contract for copier in County Attorney’s 6 office 39 7 1.14 Consider/discuss, take appropriate action to accept 2012 Partial Exemption Racial Profiling 8 reports for Constables 2 & 3 39 9 1.15 Consider/discuss, take appropriate action to approve Kerr County Safety Resolution for 2013 40 10 1.16 Consider/discuss, take appropriate actions to 11 declare 17 file drawer cabinets surplus and allow Maintenance Department to sell them for scrap 40 12 1.17 Consider/discuss, take appropriate action 13 regarding plans, specifications, & bid documents for Phase 2, Hill Country Youth Event Center 42 14 1.13 Consider/discuss, take appropriate action to 15 approve contract for copier in Animal Control Department 77 16 1.18 Consider/discuss, approve Road and Bridge Dept. 17 doing sealcoating around fire station at Divide Volunteer Fire Department at an estimated cost of 18 $16,000, which will be paid by Divide VFW 78 19 1.19 Consider/discuss, take appropriate action to approve Amendment Number 1 to February 25, 2013 20 Agreement for Engineering Services with Tetra Tech, Inc., regarding Kerrville South wastewater project 83 21 1.20 Consider/discuss, take appropriate action to accept 22 and approve right-of-way easement dedication for River Road from Mary Douthit Trust 84 23 4.1 Pay Bills 86 24 4.2 Budget Amendments 94 4.3 Late Bills -- 25 4.4 Approve and Accept Monthly Reports 95 4 1 I N D E X (Continued) March 11, 2013 2 PAGE 3 5.1 Reports from Commissioners/Liaison Committee Assignments 96 4 5.2 Reports from Elected Officials/Department Heads 98 5 1.22 Consider/discuss, take appropriate action on possible acquisition of real property in 6 Precinct 4 (Executive Session) -- 7 1.23 Consider/discuss, take appropriate action regarding Court Compliance office hours and 8 staffing (Executive Session) -- 9 3.1 Action as may be required on matters discussed in Executive Session 106 10 --- Adjourned 109 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 On Monday, March 11, 2013, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, March 11th, 2013, at 9 a.m. It is 11 that time now. Commissioner Moser? 12 COMMISSIONER MOSER: All right. If you'd all 13 stand, please. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. Be seated, please. At 16 this time, if there's any member of the audience or public 17 that wishes to be heard on a matter which is not a listed 18 agenda item, this is your opportunity to come forward and 19 tell us what's on your mind. If you wish to be heard on an 20 agenda item, we'd prefer that you fill out a participation 21 form. There should be some located at the rear of the room. 22 If there are not any, or if you haven't filled one out and we 23 get to an agenda item and you want to be heard, get my 24 attention in some manner and I will give you the opportunity 25 to be heard on that matter. But right now, if there's any 3-11-13 6 1 person in the public or audience that wishes to be heard on a 2 matter which is not a listed agenda item, this is your 3 opportunity to come forward and tell us what's on your mind. 4 Seeing no one coming forward, we will move on. Commissioner 5 Moser, do you have anything for us this morning? 6 COMMISSIONER MOSER: I do not. I'll pass. 7 JUDGE TINLEY: Okay. Commissioner Letz? 8 COMMISSIONER LETZ: Just one thing this morning. 9 The -- the regional planning grant that we -- Kerr County 10 submitted as the applicant, and it was supported by six other 11 entities; G.B.R.A. U.G.R.A., et cetera. Anyway, it was 12 approved. We got a letter today; it was in the mail. And so 13 it's a matching grant. I met last Friday with all of the 14 entities, and we're trying -- or we're putting together all 15 the details and resolutions and commitments of funds. But 16 it's -- the Water Development Board was very happy with the 17 fact that it was a regional planning effort that's going 18 across two regional water planning areas, two counties, two 19 water districts, two river authorities, and they like the 20 direction that we were going, and approved it. So, the first 21 step is, you know, we'll see what comes out of that grant. 22 May be the last step and it may be the first step; we'll have 23 to see. It's a preliminary analysis of what options can be 24 taken for the future. But one of the, I think, probably most 25 important things that we're going to be looking at 3-11-13 7 1 specifically in this grant is the 6,000 -- 6,000 acre feet 2 that Kerr County has reserved for it in Canyon Lake, based on 3 the agreement we made in 2000, I believe, with G.B.R.A. 4 That's going to be looked at with more scrutiny than ever 5 before, and try to figure out how that water can be moved up 6 to Kerr County. And one of the analyses will be changing 7 diversion points as one option. Another option will be 8 actually a pipeline. 9 COMMISSIONER MOSER: Moving it back. 10 COMMISSIONER LETZ: To see how much it would 11 actually cost to build a pipeline and get that water up to 12 Kerr County. There is one already going to Boerne from 13 Canyon Lake, so, you know, that line would have to be 14 upsized, but the right-of-way's there. And I know I visited 15 with the City of Kerrville on that point, and they're very 16 interested to find out how that water can be utilized. So, 17 some interesting things will come out of this, I hope. 18 That's it. 19 JUDGE TINLEY: Commissioner Oehler, do you have 20 something for us this morning? 21 COMMISSIONER OEHLER: No, not this morning. 22 JUDGE TINLEY: Commissioner Baldwin? 23 COMMISSIONER BALDWIN: Yes, sir. I'd like to pass 24 along some sad news. We -- our community of Kerr County has 25 lost a giant of a man, Dellie Voelkel. I think he was 90, 3-11-13 8 1 Lee? 2 MR. VOELKEL: 90. 3 COMMISSIONER BALDWIN: 90 years old. Lee's daddy 4 passed away over the weekend, or end of last week, and Dellie 5 was truly a man of integrity. He was -- he was a gentleman 6 deluxe. I had the great honor of working for him in two 7 different positions years ago when I was a puppy. I worked 8 with him on his surveying crew, and then later on when he was 9 the City Manager of the City of Kerrville, I worked for him 10 as a firefighter with the fire department. So, good friend, 11 great guy, and he's going to be missed. That's all. 12 COMMISSIONER LETZ: You didn't mention he was a big 13 Aggie. 14 COMMISSIONER BALDWIN: Yeah, he was an Aggie. That 15 was kind of a given, though. 16 JUDGE TINLEY: He was a great Aggie, truly was. 17 Fantastic City Manager. What years did he serve? 18 MR. VOELKEL: For city of Kerrville, '62 to '68. 19 JUDGE TINLEY: Yeah. Great City Manager, wonderful 20 guy. Always -- always pleasant to interact and talk with, 21 and he -- even those of us who are inclined to burnt orange, 22 why, we truly loved him, and will miss him. Let's -- let's 23 get on with our agenda. Our first 9 o'clock timed item, Item 24 Number 1, is an update report on the Wounded Warrior program. 25 Colonel Tony Arnold. Yes, sir? 3-11-13 9 1 AUDIENCE: Excuse me, sir. I'm -- I think I'm in 2 the wrong courtroom. I'm here for a compliance -- 3 MR. HENNEKE: No, sir, that's down the hall, County 4 Court at Law. 5 AUDIENCE: I'm so sorry. 6 JUDGE TINLEY: Commissioner Baldwin, I didn't 7 realize you put this on the agenda. Let me kick it to you 8 here. 9 COMMISSIONER BALDWIN: Well, thank you very much. 10 Colonel Arnold several years ago came, and he and I visited; 11 we know each other outside of here, and we visited several 12 times about this program. And so we invited him to 13 Commissioners Court, and he made a presentation about -- he's 14 going to give us an update on that presentation today. And 15 while he was here, he actually picked up several guys that 16 had been working with him ever since. Commissioner Moser's 17 one of those guys, and they've just done a phenomenal job in 18 this -- with this issue. And my favorite part of it -- 19 there's many, many parts to it, but my favorite part is -- is 20 seeing a community, our community, community of Kerr County 21 coming together and seeing that this thing rock and rolls out 22 loud. And it is just one of the nicest things. So, Tony, if 23 you'd take your liberty. We need to be in Dallas by October. 24 I'm kidding. 25 MR. ARNOLD: Say that again? 3-11-13 10 1 COMMISSIONER BALDWIN: I'm kidding. Take your 2 time. 3 MR. ARNOLD: I don't catch on as fast as these 4 Aggies do. (Laughter.) 5 COMMISSIONER BALDWIN: Sorry. 6 MR. ARNOLD: I'm Tony Arnold. I'm the chairman of 7 the Operation Second Chance Kerr County Wounded Warrior 8 Family Hill Country Adventure. And I keep hoping somebody 9 comes up with a better title, but so far we haven't. As 10 Buster said, I made my first presentation a little over a 11 year ago, December 2011, to this Court, and continued to make 12 presentations after that, and almost every presentation, 13 picked up one or two committee members, and right now I have 14 a committee of 17. There's three county commissioners -- I 15 didn't mention Bruce on that; don't hold that against us. We 16 got a mayor, a banker, a C.P.A., Kerr County Auditor, 17 insurance broker, architect, just to name a few of those 17. 18 It's really an awesome committee. It actually is. 19 We've set the dates for the project, July 10th 20 through the 14th, Wednesday through Sunday noon. Our 21 donations are such that we haven't had a lot of donors, but 22 Mrs. Ruby Stevens was the very first donor, and she basically 23 funded the project. We weren't eligible for a grant from the 24 Stevens Foundation, and she funded it personally, with the 25 intention -- the late Mrs. Ruby Stevens, with the intention 3-11-13 11 1 of changing the regulations from her foundation to be able to 2 accommodate Wounded Warriors. We haven't spent any of that 3 money yet, but we've made obligations; for instance, the 4 hotels, there's meals that we're going to have to pay for, so 5 forth and so on. I've got the -- we have a committee meeting 6 scheduled for next week as an update before I have my first 7 meeting with the U.S. Army on the 28th of March, the end of 8 this month. Next step will then be to submit the paperwork 9 to the Army, get their approval, and then start meeting with 10 the families so that they can -- first of all, we can 11 identify them, and I can go to the all the donors that are -- 12 that have donated activities and tell them by name and number 13 how many people are going to participate in that. And the 14 goal is to have that done one month out, by the 10th of June. 15 So, let me read to you a couple of the -- the 16 donations that we have. As I said, five days, four nights at 17 Inn of the Hills. Wednesday, we have a welcoming dinner at 18 Mamacita's, hosted by Mamacita's. Mayor of Kerrville and 19 Ingram will make the welcoming presentation to the families. 20 Thursday, Friday, and Saturday, kids 6 through 16, the girls 21 -- boys will go to Camp Stewart. The girls will go to Heart 22 of the Hills Camp for girls. That frees mom and dad up to do 23 any of these activities they want to do. Kids 1 through 5 24 will go to First United Methodist Church; they're totally 25 hosting that. Thursday and Friday activities, golf at 3-11-13 12 1 Schreiner Golf Course, Riverhill Country Club with a golf 2 clinic on Friday. Lunch -- both of those will have lunch, 3 both hosted by members. Day at the country club if they so 4 choose, tennis at the Riverhill Country Club if they so 5 choose. Thursday and Friday, we'll have some exotic game 6 hunting available for those that want to do that. Thursday 7 there'll be a guided Guadalupe River trip, Kerrville Kayak 8 and Canoe Company. 9 Thursday and Friday, watercolor classes by Donna 10 Lafferty out on the Guadalupe. Thursday, a museum tour of 11 all of our museum areas. Thursday and Friday, Kerrville 12 Kayak and Canoe has a concession out at the city park on the 13 river, and any Wounded Warrior families that want to come out 14 and partake of that all day, or for an hour or whatever. 15 Wine tour by the Hill Country Wine Tours on Thursday. 16 Thursday and Friday, Shooting Sports Center open for anything 17 they want. To give you an example of the reaction I've got 18 from our citizens, I asked Jack what was the minimum number; 19 that was going to be a lot of work to open up rifle, pistol, 20 shotgun, everything which he's opening up, and he said, 21 "One." That's just pretty amazing, and that's very typical 22 of -- of the reaction I've gotten from everybody. Thursday 23 and Friday meal -- or Thursday evening meal will be a fish 24 fry by the Ingram Bass Club. Friday evening meal, 25 Commissioner Oehler is going to do a barbecue. 3-11-13 13 1 Saturday meal will be at Camp C.A.M.P.; they have 2 activities all week, but they're open on the weekend, and so 3 they're going to host the family out there with their pool 4 and the river and horseback riding, anything they want to do 5 out there, and also host the dinner. Saturday is the only 6 mandatory activity. They can choose from all these other 7 activities for Thursday and Friday. Saturday, we're going to 8 have a shopping scenic tour of Kerr County starting out at 9 the camp so they can see where the kids have been all week, 10 and then having lunch at Camp Verde, and probably end up -- 11 end up at Avery's, and then back to the hotel, and then Camp 12 C.A.M.P. that night. Sunday services of choice, farewell 13 hosted by First United Methodist Church. And the Kerr County 14 Commissioners Court is in charge of -- I don't know if you 15 know that or not, Judge. (Laughter.) That's all I got. Any 16 questions? 17 COMMISSIONER BALDWIN: Super. 18 COMMISSIONER MOSER: Just -- if could I comment, 19 what has been done here is absolutely amazing. The amount of 20 work you can imagine, multiply that by ten, and that's what 21 Tony has done. And this -- this is step one. I think Tony 22 didn't mention that. This is the first year. 23 MR. ARNOLD: I didn't mention it's six families 24 only. We're trying to keep it fairly small. 25 COMMISSIONER MOSER: So, next year and the 3-11-13 14 1 following years are going to be bigger and better, and this 2 is going to be -- it's going to be a big -- big event for the 3 entire community for Wounded Warriors. It's going to be the 4 Hill Country Wounded Warriors major event, so thank you, 5 Tony. 6 JUDGE TINLEY: Any other questions? 7 MR. ARNOLD: Thank you very much. 8 JUDGE TINLEY: Thank you, Colonel. Appreciate it. 9 COMMISSIONER OEHLER: Thank you. 10 JUDGE TINLEY: Let's move to our second 9 o'clock 11 timed item; Item 2, to consider, discuss, take appropriate 12 action on a request from the Hill Country Swap Meet to use 13 Show Barn at Hill Country Youth Event Center, and an update 14 on the swap meet held on March the 2nd, 2013. Ms. Anderson, 15 good to see you. 16 MS. ANDERSON: Good morning. I didn't expect to 17 see y'all again so soon. We conducted the first swap meet on 18 March the 2nd out at the new facility at the Youth Event 19 Center. We had originally planned and asked your approval to 20 conduct the event on the parking lot. We got out there to 21 start planning layouts and so on, and the staff out there, 22 Tim and Sonny took us in and showed us the show barn, and we 23 couldn't believe it. I'd never seen it before. Just 24 incredible, and they suggested that we consider moving it 25 inside. Even though there was a price difference, we said we 3-11-13 15 1 just couldn't pass it up; it was too good, and so we did move 2 inside. The event turned out to be bigger and better than we 3 had anticipated. We actually had 34 vendors there the 2nd, 4 which is about twice what we had hoped for. 5 One of the most fantastic things about the show 6 barn is the tremendous access. We had promised people that 7 they could bring their stuff in, get set up, easy ways to get 8 in and out, and it's just unbelievable. Everybody that was 9 there loved it out there; it was fantastic. Most of them are 10 planning to come back, so we're looking forward to the June 11 event as well. The reason -- in addition to providing you 12 with that information, the reason I'm here today is to ask 13 your approval for our move inside. You had granted us the 14 use of the parking lot, waiving the fee for the first year, 15 which was basically a credit or a waiver of $200 per event. 16 The cost of the show barn is more; it's $300 per day, and so 17 we're asking your approval to credit $200 which you waived 18 for the use of the parking lot against the cost of the show 19 barn, with us paying the $100 difference out of the revenues 20 from the swap meet. We'd ask that you approve that for the 21 remaining -- for the March 2nd event that has already 22 occurred, and for the remaining events on June 1st, September 23 7th, and December the 7th. 24 JUDGE TINLEY: Essentially, the first year, which 25 would otherwise have been on the parking lot. 3-11-13 16 1 MS. ANDERSON: Correct. 2 JUDGE TINLEY: Yeah, mm-hmm. 3 COMMISSIONER LETZ: I think my only question is -- 4 and Tim isn't here, but to find out, really -- if it's on 5 Saturdays, then we have to have staff there. Kind of either 6 way we do it, we have to have, certainly, staff to open the 7 facility, and it's kind of the same comments I had about the 8 -- not the roller derby -- the roller group. I don't mind 9 crediting, but the County can't lose any money. We need to 10 figure out what it costs to have staff there if they weren't 11 going to be there, 'cause, you know, it's -- obviously, 12 Saturdays, we're there a lot of times anyway. But, anyway, I 13 just need to make sure. I have no -- as long as we're 14 covering costs, I don't have a problem. And I'm not sure 15 that $100 is going to cover the cost, so it may be a little 16 bit more than that, in my mind. That's kind of something we 17 need to work out with Maintenance and Jody as to what it's 18 actually costing us, and we need to come up with a -- from a 19 business standpoint, kind of a daily cost on a Saturday for 20 that facility, 'cause it seems things that may be coming up, 21 we're -- just to make sure that we're -- basically, county 22 taxpayers aren't subsidizing individual events. And, 23 certainly -- 24 COMMISSIONER OEHLER: I think you do that -- what 25 we normally do is a nonprofit rate, which will be half, I 3-11-13 17 1 think you cover. Tim told me a while ago they just did a -- 2 a cost analysis of what the electricity costs for a 24-hour 3 period, and it was like 40 bucks. So, if you do that, 4 another 100 -- you know, say 150 I think would cover it, and 5 then we'd be under the same -- same thing we do for other 6 nonprofits. I think that way, it keeps some consistency in 7 cost. Could you do 150? 8 MS. ANDERSON: Yes, sir, we can. 9 COMMISSIONER MOSER: Is -- I think we talked last 10 time -- is it a nonprofit, or are you a -- it's a nonprofit 11 organization? I can't remember. 12 MS. ANDERSON: We don't, and have never applied for 13 an official I.R.S. nonprofit status. We operate as a 14 not-for-profit. It's a definition in the Texas Agricultural 15 Code where all the funds that are received go back into the 16 organization except for a sufficient rollover to begin the 17 following year. 18 COMMISSIONER MOSER: So, I think Commissioner 19 Oehler's got a good point there. If we can interpret, Rob, 20 or construe that as being the same as a not-for-profit -- 21 nonprofit, not-for-profit, then we'll be consistent with the 22 policy, and I think that that would be -- that would be 23 really clean. 24 COMMISSIONER OEHLER: I think that's the way to do 25 it. Because we -- you know, we have other groups that come 3-11-13 18 1 in and ask -- that aren't nonprofit, you know, not nonprofit 2 status, but various organizations, and we approve certain 3 ones. And I would -- I would go along with adding them to 4 the list of not-for-profit so they qualify for that rate. 5 COMMISSIONER LETZ: That's our policy. Our policy 6 is if you're a 501 (c)(3) or approved by the Court. 7 COMMISSIONER OEHLER: Yeah. 8 COMMISSIONER MOSER: Okay. 9 COMMISSIONER LETZ: Okay. 10 COMMISSIONER OEHLER: So, I'll move that we allow 11 the Hill Country Swap Meet to utilize the show barn facility 12 for the dates that were given for the rest of the year at a 13 fee of $150 per event. 14 JUDGE TINLEY: Based on a not-for-profit status. 15 COMMISSIONER OEHLER: Based on not-for-profit 16 status. 17 COMMISSIONER LETZ: Second. 18 JUDGE TINLEY: Motion made and seconded as 19 indicated. Do we have further discussion on that motion? 20 COMMISSIONER LETZ: My only comment would be on the 21 dates. We need to make sure that we don't have anything else 22 booked for the inside. I don't think we do at this point. 23 Or -- I hate to say you could get bumped, but if something 24 big comes along, we may ask you to go outside. 25 MS. ANDERSON: Understood. 3-11-13 19 1 COMMISSIONER MOSER: Why would you do that? 2 COMMISSIONER LETZ: Well, if there's another larger 3 event that's going to pay the full rate. 4 JUDGE TINLEY: Multi-date, multi -- multi-day use. 5 COMMISSIONER MOSER: So if somebody comes along 6 later with a better offer, we throw out the one who bought a 7 tourist seat? 8 COMMISSIONER LETZ: Depends on what it is. The 9 original dates we picked and set aside were based on using 10 the parking lot. I don't know what's scheduled for some of 11 these dates. 12 COMMISSIONER MOSER: Couldn't we find that out real 13 quick? 14 MS. ANDERSON: It's my understanding those dates 15 are clear. 16 JUDGE TINLEY: Yeah, right now they should be. 17 COMMISSIONER LETZ: Okay. 18 COMMISSIONER MOSER: All right. 19 JUDGE TINLEY: Any other comments or questions? 20 All in favor, signify by raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: Motion carries. Thank you, 25 Ms. Anderson. Appreciate you being here. 3-11-13 20 1 MS. ANDERSON: Appreciate it. 2 JUDGE TINLEY: At this time, I will recess the 3 Commissioners Court meeting and convene a public hearing 4 regarding the revision of plat for Lot 1R, Block 2; Lot 3R, 5 Block 2; and Lot 6R, Block 2, of Castlecomb Subdivision, as 6 set forth in Volume 5, Page 306, Plat Records, and located in 7 Precinct 2. 8 (The regular Commissioners Court meeting was closed at 9:25 a.m., and a public hearing was held in open 9 court, as follows:) 10 P U B L I C H E A R I N G 11 JUDGE TINLEY: Is there any member of the public or 12 audience that wishes to be heard with respect to the revision 13 of plat for Lot 1R in Block 2, Lot 3R in Block 2, and Lot 6R 14 in Block 2 of Castlecomb Subdivision as set forth in Volume 15 5, Page 307, Plat Records? Seeing no one coming forward to 16 be heard with regard to that matter, I will close the public 17 hearing regarding the revision of plat for Lot 1R in Block 2, 18 Lot 3R in Block 2, and Lot 6R in Block 2 of Castlecomb 19 Subdivision, as set forth in Volume 5, Page 307, Plat 20 Records, and being located in Precinct 2. 21 (The public hearing was concluded at 9:26 a.m., and the regular Commissioners Court meeting was 22 reopened.) 23 - - - - - - - - - - 24 JUDGE TINLEY: And I will reconvene the 25 Commissioners Court meeting, and let's go to Item 4. We're 3-11-13 21 1 moving to a 9:05 timed item now; we're moving right along 2 here. 3 COMMISSIONER BALDWIN: I tell you. 4 JUDGE TINLEY: That's a presentation of a plaque to 5 Kerr County as the first Purple Heart county in the state of 6 Texas. Commissioner Moser? 7 COMMISSIONER MOSER: Thank you very much, Judge. 8 Captain Bill Bacon suggested, and we passed a resolution 9 establishing Kerr County as the first Purple Heart county in 10 the state, and that was done on February the 25th, and so I 11 think that Bill Bacon has the plaque to present this morning. 12 And then when he finishes, I'd like to just read what our 13 proclamation -- the "therefore" part was. 14 MR. BACON: Proud to present this plaque. And it 15 reads, "In special recognition of Kerr County, Texas, 16 Commissioners Court for your dedication and support honoring 17 America's combat-wounded veterans, becoming the first Purple 18 Heart county, February 25th, 2013, presented by the patriot 19 members of the Heart of the Hills Chapter 814, Military Order 20 of the Purple Heart." Judge? 21 JUDGE TINLEY: Thank you, sir. I don't know if 22 everybody can see this. 23 COMMISSIONER BALDWIN: Wow. 24 COMMISSIONER MOSER: Wow. 25 (Applause.) 3-11-13 22 1 MR. BACON: And I'd also like to present the County 2 with a Purple Heart clock. It was actually made in America. 3 (Laughter.) 4 COMMISSIONER MOSER: Fantastic. 5 JUDGE TINLEY: Isn't that cool? 6 COMMISSIONER OEHLER: Yeah. 7 JUDGE TINLEY: Have to figure out a way to keep 8 this hanging upright so it will work. 9 COMMISSIONER MOSER: Yeah. 10 COMMISSIONER LETZ: Maybe we can replace the one 11 over there. 12 COMMISSIONER MOSER: There you go, except you can't 13 read it. 14 COMMISSIONER LETZ: Good spot for it. 15 MR. BACON: I'd also like to mention that the 16 ladies basketball team from Texas A & M University won the 17 Southeast Conference yesterday. (Laughter.) 18 COMMISSIONER MOSER: If I may, Bill, I want to 19 present you, Bill, with the original proclamation signed by 20 Commissioners Court, so that you can share that with your -- 21 your fellow Purple Heart recipients. Thank you very much. 22 MR. BACON: Thank you, Tom. 23 JUDGE TINLEY: Okay. We've got a number of items 24 pertaining to the revision of plats for lots in Castlecomb 25 Subdivision, and I think that's also going to include -- does 3-11-13 23 1 that not also include Kensington? 2 MR. HENNEKE: Yes, sir. 3 COMMISSIONER OEHLER: Yeah. 4 MR. HENNEKE: And also Item Number 21, I believe, 5 on the agenda. 6 JUDGE TINLEY: Right. And your druthers would be 7 to have all those items rolled into one? We may do separate 8 motions on them, but you want them all called so that we can 9 consider them as a package? 10 MR. HENNEKE: Yes, sir. Separate approval, but it 11 would be easier to call them all at once. 12 JUDGE TINLEY: All right. The Court will call item 13 -- let's make sure that we're down through 9:20, which, of 14 course, we are. Item 5; to consider, discuss, take 15 appropriate action on the final approval regarding the 16 revision of plat for Lot 1R in Block 2 of Castlecomb 17 Subdivision. Item 6 -- call Item 6; consider, discuss, take 18 appropriate action on the final approval regarding the 19 revision of plat for Lot 3R in Block 2 of Castlecomb 20 Subdivision. Call item 7; to consider, discuss, take 21 appropriate action on the final approval regarding the 22 revision of plat for Lot 6R in Block 2 of Castlecomb 23 Subdivision. And call Item 8; to consider, discuss, take 24 appropriate action for the Court's final approval of the 25 alternate plat for Block 1 of Kensington Subdivision in 3-11-13 24 1 Abstract A0114, Survey 71. And also call Item 21; to 2 consider, discuss, and take appropriate action to approve the 3 agreed final judgment in the matter of Kerr County, Texas, et 4 al, vs. the Estate of L. DeJuan Abel, et al, being Cause 5 Number 07-456A in the 216th Judicial District Court of Kerr 6 County, Texas. Commissioner Moser? And we've got Mr. Odom 7 with Road and Bridge, and we got the County Attorney 8 involved. Are y'all going to flip a coin to see who runs 9 with it first? 10 MR. HENNEKE: No, sir. Leonard? 11 JUDGE TINLEY: Leonard's the man. Aggies win the 12 day. 13 COMMISSIONER MOSER: Aggies are rolling. 14 MR. ODOM: Class of '66 is good, too. That was my 15 fish year. Mr. Voelkel took six lots and made them into 16 three lots, being Lots 1R, 3R, and 6R. This revision of plat 17 is being done in order to allow the current water system to 18 stay operational under T.C.E.Q. regulations for a maximum of 19 35 lots for this system, and also to correct the three lots 20 that were being added from the unplatted property which makes 21 up Block 3 of the Castlecomb Subdivision, which was Lots 1, 22 2, and 3 of Block 3 of Castlecomb Subdivision, which was the 23 unplatted land. These three lots were added quite a few 24 years back, and never went through the platting process. The 25 original Castlecomb Subdivision was done in May of '86, and 3-11-13 25 1 was done by the City of Kerrville, since it was in the ETJ, 2 and the County and the City had an interlocal agreement at 3 the time. The water system in the original Castlecomb 4 Subdivision only allows for 35 lots to be serviced. With the 5 additional three lots, the water system would need to be 6 upgraded through T.C.E.Q., and would be quite costly -- would 7 be quite costly. 8 In order to correct this situation, Mr. Voelkel has 9 taken six lots in the original subdivision and made them into 10 three lots to allow for the addition of the three newer lots. 11 T.C.E.Q. has said as long as they keep the development to a 12 maximum of 35 lots, they would be in compliance. So, at this 13 time, we ask the Court for their final approval regarding the 14 revision of plat for Lot 1R in Block 2 -- 1R, 3R, and 6R, 15 Block 2, Volume 5, Page 307, Precinct 2. Also -- I'm sorry. 16 We have the unplatted land, Lots 1, 2 and 3 of Block 1 of 17 Kensington Subdivision, and as part -- it was part of this 18 50-some-odd acres. These three lots were added quite a few 19 years back. With the addition of the three lots, the water 20 system would have needed to be upgraded. T.C.E.Q. has said 21 as long as they keep the development to a maximum of 35, they 22 would be in compliance. Since this is unplatted land, we did 23 not hold a public hearing for this proceeding to a final. 24 The City of Kerrville has requested that the alternate plat 25 name change from Block 3 of Castlecomb Subdivision to Block 1 3-11-13 26 1 of the Kensington Subdivision. So, at this time, we ask the 2 Court for their final approval of the alternate plat for 3 Block 1 of Kensington Subdivision, Abstract A0114, Survey 71, 4 out of a tract of 56.83 acres, which includes -- 56 acres 5 includes the three improvements of -- in Precinct 2. And I 6 believe that covers -- 7 JUDGE TINLEY: Your portion. 8 MR. ODOM: -- my portion. 9 JUDGE TINLEY: Okay. 10 COMMISSIONER LETZ: Question. Question, before we 11 go to the next portion. Why is it being called Kensington? 12 MR. ODOM: I -- I don't know. 13 MR. HENNEKE: The City of Kerrville had a rule 14 about calling it the same as something that was already 15 called it, so they asked to change the name from Phase 2 16 Castlecomb to Kensington so that it wouldn't confuse any of 17 the folks over at the city. (Laughter.) 18 MAYOR PRATT: Careful. Careful. 19 COMMISSIONER LETZ: Just -- you know -- 20 COMMISSIONER MOSER: That was -- that's history. 21 COMMISSIONER LETZ: It's not a -- it's certainly 22 not a deal stopper, in my mind, but this is a very difficult 23 subdivision because it has a septic system that's now 24 illegal, and, boy, the closer we tie those subdivisions 25 together by name, the better, to me. I would much prefer 3-11-13 27 1 Castlecomb, you know, Phase 2, or Castlecomb 2 or something 2 like that, because there's a lot -- this is going to be 3 subject to a settlement. It's -- it has a septic system now, 4 the cluster system, which is illegal under current rules, and 5 is being -- I mean, I just -- we need to make sure they're 6 closely tied together so that everyone understands that 7 Kensington is part of Castlecomb. 8 MR. HENNEKE: That's how they're referred to in the 9 agreed final judgment when I get there, and also what I'll 10 talk about in a second confirms that this new three-lot 11 Kensington Subdivision is encompassed within the geographic 12 boundary of the wastewater treatment facility out there. 13 MR. ODOM: Yeah. You're taking these three and 14 putting them into that, right. It's all tied together. The 15 septic systems would be tied together. 16 COMMISSIONER LETZ: I'm just thinking -- I'm not 17 going to -- like I say, I'm not going to vote against it 18 because of it, but it just seems like an odd requirement when 19 -- when I want to make sure that these things -- like, in 10 20 years, someone doesn't go in and do something in Kensington 21 because they think it's not Castlecomb. I mean, you know, 22 things have happened a lot stranger than that when we don't 23 have things tied together. But, you know -- 24 COMMISSIONER MOSER: But I think the boundary's 25 clearly defined for the -- for the cluster system, is it not, 3-11-13 28 1 Ray? So I think -- 2 COMMISSIONER LETZ: But the subdivisions aren't, is 3 what I'm saying. To me, it ought to be one subdivision; be a 4 whole lot easier. It just seems -- 5 MR. ODOM: It would be nice if the City would tie 6 them in. 7 JUDGE TINLEY: There's going to be the appropriate 8 notes on the Kensington plat that refer to the requirements 9 of the -- I'm going to call it the Castlecomb judgment 10 requirements, I assume? 11 COMMISSIONER LETZ: Yeah. 12 MR. HENNEKE: Yes. 13 JUDGE TINLEY: Okay. 14 COMMISSIONER MOSER: I move that the recommended -- 15 the approvals as recommended be accepted. 16 COMMISSIONER LETZ: Don't we need to do one at a 17 time? 18 COMMISSIONER MOSER: We need to do one at a time? 19 Or can they all be done together, Rob? 20 JUDGE TINLEY: I think you can just do it by agenda 21 item. Let's go ahead and get -- get the settlement portion 22 in here too, and -- 23 COMMISSIONER MOSER: Okay. 24 JUDGE TINLEY: -- then we can decide whether we 25 want to do them one at a time, or do them as -- itemize them 3-11-13 29 1 in one motion, either way. Your portion primarily relates to 2 Agenda Item Number 21, being the litigation matter, correct? 3 MR. HENNEKE: Yes, sir, it's part and parcel. The 4 agreed final judgment in the pending litigation matter is -- 5 is preconditioned upon approval of the plats, but this Court 6 has already approved the settlement agreement that's been 7 entered into. And the concept for settlement was that these 8 revision of plats and this new subdivision would be taken 9 through the process, and meeting all of the Kerr County 10 Subdivision Rules and requirements, which they do, and then 11 would be brought to the Court for approval. And what I have 12 here is the agreed final judgment permanent injunction 13 reducing to writing the settlement terms that this Court has 14 already approved. And this agreed final judgment has already 15 been approved by the Attorney General's office on behalf of 16 the Texas Commission on Environmental Quality, their original 17 signature here, and has already been approved by Corey Abel, 18 who's the trustee of the Castlecomb Trust, as well as his 19 attorney, Mr. Jonathan Cluck, who's here in court today. So, 20 this is the last step in ending the ongoing litigation and 21 confirming terms as agreed upon. We have a court hearing a 22 week from today before Judge Williams to have this entered as 23 a matter of record in concluding that litigation, assuming 24 that it's approved by the Court. But I'm glad to go over the 25 substance of the settlement agreement. Like I said, this 3-11-13 30 1 Court has already approved it with the numerous meetings in 2 the past. And I'd tender that to Judge Tinley. 3 JUDGE TINLEY: The Court's action in approving the 4 final judgment as well as these various matters that we've 5 talked about today will fully conclude all of the matters 6 that have been in issue for a number of years, -- 7 MR. HENNEKE: Eight years, yeah. 8 JUDGE TINLEY: -- six, seven years or more, with 9 regard to the wastewater issues there in the platted matters 10 concerning that property; is that correct? 11 MR. HENNEKE: Yes, sir. And also, to reiterate 12 that this has already been signed off and approved by 13 T.C.E.Q. and the Texas Attorney General's office, joining as 14 a party in this litigation. 15 JUDGE TINLEY: Okay. Mr. Cluck, do you wish to be 16 heard with regard to this matter? 17 MR. CLUCK: I'd ask the Commissioners Court to 18 approve it and end this. 19 JUDGE TINLEY: Put you out of work here, huh? 20 MR. CLUCK: I'm sure that someone will find 21 something else for me to do, Judge Tinley. 22 JUDGE TINLEY: Yeah. 23 MR. CLUCK: And I'll be grateful for it. 24 JUDGE TINLEY: Thank you. Okay. 25 COMMISSIONER BALDWIN: Judge, I can -- I can see 3-11-13 31 1 the four items where you're moving around land and 2 consolidating and doing subdivision-type things. But the 3 Item 21, isn't that -- wouldn't that be a separate -- 4 separate issue to vote on? 5 MR. HENNEKE: They're all separate. 6 JUDGE TINLEY: They're all -- 7 COMMISSIONER BALDWIN: Each one of them is 8 separate? 9 JUDGE TINLEY: Yeah, they can be. 10 COMMISSIONER BALDWIN: That's -- 11 JUDGE TINLEY: We can handle them that way, or 12 actually, they're all part of one package. But whatever -- 13 whatever your preference is. I've got all of the items 14 called now, so that you can offer motions separately, or one 15 global motion to encompass the approval of every single one 16 of them. 17 COMMISSIONER BALDWIN: I don't see anything wrong 18 with a global thing, except for Item 21. It seems to me it 19 would be something separate; a separate item, to me. 20 COMMISSIONER LETZ: I agree. 21 JUDGE TINLEY: Okay. Well, take a -- I think we 22 had a piece of a motion here from Commissioner Moser, so 23 let's let him finish up what he had going here. 24 COMMISSIONER MOSER: I move that we accept the 25 recommended approvals that Len Odom just specified regarding 3-11-13 32 1 Items 1.5, 1.6, 1.7, and 1.8. 2 COMMISSIONER LETZ: Second. 3 JUDGE TINLEY: We have a motion and a second for 4 approval of Agenda Items 1.5, 6, 7, and 8. Do we have 5 discussion or questions on that motion? All in favor of that 6 motion, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: The motion carries. Any further 11 motions with regard to the matters before the Court on these 12 agenda items? 13 COMMISSIONER MOSER: I recommend that we accept the 14 recommendations presented by the County Attorney for Item 15 1.21. 16 JUDGE TINLEY: That's a motion? 17 COMMISSIONER MOSER: That's a motion. 18 JUDGE TINLEY: All right. 19 COMMISSIONER MOSER: For approval. 20 JUDGE TINLEY: We have a motion. Do I hear a 21 second? 22 COMMISSIONER OEHLER: Second. 23 JUDGE TINLEY: We have a motion and a second to 24 approve Agenda Item 1.21. Questions or discussions on that 25 motion? All in favor of that motion, signify by raising your 3-11-13 33 1 right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: That motion carries. Thank you, Mr. 6 Odom. 7 MR. ODOM: I have one more. 8 JUDGE TINLEY: Now let's move on to your next item. 9 MR. ODOM: Yes, sir. 10 JUDGE TINLEY: Item 9; to consider, discuss, take 11 appropriate action to accept the preliminary revision of plat 12 for Lots 4 and 5 of Oak View Estates as set forth in Volume 13 4, Page 85, Plat Records, and set a public hearing, same 14 being located in Precinct 2. Mr. Odom? 15 MR. ODOM: Yes, sir. Ms. Drimmel owns Lots 4 and 5 16 in Oak View Estates, which is Center Point Estates. 17 Ms. Drimmel would like to sell one of the lots. The existing 18 house on Lot 4 was built across the -- the existing lot lines 19 dividing Lot 4 and 5. Ms. Drimmel would like to change the 20 lot lines so she can sell one of the lots. The new lot sizes 21 will be as follows: Lot 4R will become 8.27 acres, and Lot 22 5R will become 6.57 acres. At this time, we ask the Court to 23 accept the preliminary revision of plat for Lots 4 and 5 of 24 Oak View Estates, Volume 4, Page 85, and set a public hearing 25 for Monday, April the 22nd, 2013, at 9 a.m., in Precinct 2. 3-11-13 34 1 JUDGE TINLEY: Okay. Essentially, what we're 2 seeking is a public hearing on this particular agenda item? 3 MR. ODOM: Yes, sir. 4 JUDGE TINLEY: For April the 22nd, 2013, at 9 a.m. 5 Do I hear a motion to set that public hearing? 6 COMMISSIONER MOSER: I move that that public 7 hearing be scheduled as requested. 8 COMMISSIONER BALDWIN: Second. 9 JUDGE TINLEY: Motion made and seconded that the 10 matter be set for public hearing April 22nd, 2013, at 9 a.m. 11 Question or discussion on the motion? 12 COMMISSIONER LETZ: Question. Len, on the top of 13 it, on Center Drive, there's, like, a dotted line, which it 14 appears that the road goes through the lot, kind of drops 15 down. Is Center Drive a private road or a County-maintained? 16 COMMISSIONER MOSER: Center Point Drive, isn't it? 17 COMMISSIONER LETZ: It says Center Drive. 18 MR. ODOM: It used to be private back there, and 19 then the Court took it in when Mr. Lackey was Commissioner, I 20 believe. And I don't have an answer for you. I know that 21 the road goes straight, and I did not -- to be honest with 22 you, I did not catch that. I did see -- 23 COMMISSIONER LETZ: If we could check that, because 24 if the road is as shown on this plat, we ought to do a 25 revision of plat here to correct it to get the road in the 3-11-13 35 1 county right-of-way, as opposed to on a private lot. If it's 2 a County-maintained road. And maybe the plat -- maybe -- I 3 mean -- 4 MR. ODOM: I'll -- 5 COMMISSIONER LETZ: We need to look at that. 6 MR. ODOM: That may be -- yeah. It just dead-ends 7 back on Center Drive back there. 8 COMMISSIONER LETZ: Anyway, if you can just verify 9 what that drop down on that road is, and if the road actually 10 is -- if it's in the actual right-of-way or not, so we can at 11 least get it corrected while we're going through this 12 revision. 13 MR. ODOM: All right. 14 COMMISSIONER BALDWIN: That's a good catch. Good 15 eye. 16 MR. ODOM: Then you could set this to accept it 17 with -- with clearing up -- 18 COMMISSIONER LETZ: Sure. 19 JUDGE TINLEY: Clarifying? 20 MR. ODOM: Clarifying, thank you. That was a 21 graduate degree at A & M. (Laughter.) 22 COMMISSIONER LETZ: Sure. I see Mr. Motheral's in 23 the audience. We can worry about it later. Doesn't need to 24 be -- 25 MR. MOTHERAL: Yeah, that was -- that was -- the 3-11-13 36 1 original plat showed that, in that direction, and we didn't 2 change anything. 3 COMMISSIONER LETZ: Okay. 4 MR. ODOM: But that road doesn't curve like that, 5 does it? It goes straight through, to my knowledge. 6 COMMISSIONER LETZ: So it's in the right-of-way? 7 MR. ODOM: Yes, I think the road's in the 8 right-of-way. I would just give you 98 -- a 98 percent 9 probability. 10 COMMISSIONER LETZ: Okay. 11 JUDGE TINLEY: Okay. With that caveat, anything 12 further? Any other question or discussion on the motion? 13 All in favor, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion carries. Thank you, sir. 18 MR. ODOM: Yes, sir. 19 JUDGE TINLEY: Let's go to Item 10, which is a 9:35 20 timed item, to consider, discuss, and take appropriate action 21 to open and read cost proposals submitted for County's 710065 22 O.S.S.F. grant for the septic system installation and 23 mitigation for Round Three approved homeowners. Hi there. 24 MS. SHIRLEY: Good morning, gentlemen. Emily could 25 not be here today, so I will do the honors. And we're 3-11-13 37 1 requesting the opening and reading of these -- I understand 2 there was a couple, maybe, bid proposals for this last 3 approved homeowner in Round Three of this grant. 4 JUDGE TINLEY: Okay. The first one we have is from 5 Environmental Services on the 128 Gray Moss Court property in 6 Ingram, that being in Westwood Oaks. The total quote is 7 10,300. The second quote we have is for the same property, 8 submitted by Arturo Alva, and the total quote is 8,500. 9 COMMISSIONER LETZ: Judge, I move we accept both 10 quotes and turn them over to Environmental Health for review 11 and recommendation. 12 COMMISSIONER BALDWIN: Second. 13 JUDGE TINLEY: Motion made and seconded as 14 indicated. Question or discussion? All in favor, signify by 15 raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: That motion does carry. We'll get 20 those to you; we'll route them through there. Thank you, 21 ma'am. Now we'll go to our next 9:35 timed item; to 22 consider, discuss, and take appropriate action to authorize 23 the County Judge to execute the Small Purchase Records 24 contingent on homeowner approval and eligibility of the 25 installer. Your here on behalf of Ms. Phalan? 3-11-13 38 1 MS. SHIRLEY: Yes. We're asking your authorization 2 to execute the Small Purchase Record for this same property. 3 And it is, of course, contingent on the homeowner approval -- 4 approving a bid, and therefore -- and also approving the 5 installer with that bid. 6 JUDGE TINLEY: This is in compliance with the -- 7 MS. SHIRLEY: Yes. 8 JUDGE TINLEY: -- grant agreement? 9 MS. SHIRLEY: Yes, sir. 10 JUDGE TINLEY: And the requirements of that grant 11 process? 12 MS. SHIRLEY: Mm-hmm, yes. 13 JUDGE TINLEY: Okay. Do I hear a motion for 14 approval? 15 COMMISSIONER OEHLER: Move approval. 16 COMMISSIONER LETZ: Second. 17 JUDGE TINLEY: Motion made and seconded for 18 approval. Question or discussion? All in favor, signify by 19 raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: That motion does carry. 24 MS. SHIRLEY: Thank you very much. 25 JUDGE TINLEY: Thank you, ma'am. Let's move to 3-11-13 39 1 Item 12; to consider, discuss, take appropriate action to 2 approve a contract for the copier in the County Attorney's 3 office. Mr. Henneke? 4 MR. HENNEKE: Gentlemen, these have gotten a whole 5 lot easier since the Xerox vendor qualified with the State's 6 procurement process, the Buy Board. This is consistent with 7 that and within my budget, and we'd request your approval. 8 COMMISSIONER BALDWIN: So moved. 9 COMMISSIONER LETZ: Second. 10 JUDGE TINLEY: Motion made and seconded for 11 approval. Question or discussion? All in favor, signify by 12 raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: The motion does carry. Let's move 17 to Item 14; to consider, discuss, take appropriate action to 18 accept the 2012 Partial Exemption Racial Profiling Report for 19 Constable, Precinct 2, and Constable, Precinct 3. 20 COMMISSIONER BALDWIN: Move for approval. 21 COMMISSIONER LETZ: Second. 22 JUDGE TINLEY: Motion made and seconded for 23 approval. Question or discussion? All in favor, signify by 24 raising your right hand. 25 (The motion carried by unanimous vote.) 3-11-13 40 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: Motion carries. Let's go to Item 4 15; to consider, discuss, take appropriate action to approve 5 Kerr County safety resolution for 2013. Ms. Lantz? 6 MS. LANTZ: Good morning, Commissioners. Good 7 morning, Judge. This is just renewing the current resolution 8 that we have on the file. It is my understanding that TAC 9 would like us to renew our safety resolution yearly, so 10 that's basically what I'm asking the Court to do. 11 COMMISSIONER BALDWIN: Is the verbiage all the 12 same? 13 MS. LANTZ: Yes, sir, except the date. We changed 14 the date. 15 COMMISSIONER LETZ: Move approval. 16 COMMISSIONER BALDWIN: Second. 17 JUDGE TINLEY: Motion made and seconded for 18 approval. Question or discussion? All in favor, signify by 19 raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Motion carries. Item 16; to 24 consider, discuss, and take appropriate action to declare 17 25 file drawer cabinets surplus and allow Maintenance Department 3-11-13 41 1 to sell them for scrap. Inventory numbers are listed. 2 Ms. Pieper? 3 MS. PIEPER: Gentlemen, these are not regular file 4 cabinets that you see out there. These are the little file 5 cabinets that are like 4 inches -- each drawer is like 4 6 inches, so nobody uses them, except the Tax Assessor/ 7 Collector has requested one of them. So, I would like to 8 take the inventory number of 273 off of this list; it will go 9 to her office, and the rest we can scrap for whatever the 10 Maintenance Department can get out of them. 11 JUDGE TINLEY: With that correction, remove the 273 12 inventory number -- 13 COMMISSIONER LETZ: 273? I thought it was 271. 14 Oh, through 274, okay. 15 COMMISSIONER MOSER: He went to A & M for a 16 semester. 17 COMMISSIONER LETZ: One semester. Is there anyone 18 else in the world that may use these things? 19 MS. PIEPER: I asked -- 20 COMMISSIONER LETZ: We could surplus them and put 21 them on -- 22 MS. PIEPER: No, I asked the question of the 23 gentleman that was tearing down our rolling cabinet if he 24 knew of any county that uses them, and he said no. 'Cause 25 they go to all different counties working, and he said nobody 3-11-13 42 1 ever uses them any more. 2 COMMISSIONER OEHLER: They may be antique. 3 COMMISSIONER BALDWIN: I move for approval of the 4 agenda item. 5 COMMISSIONER MOSER: Second. 6 JUDGE TINLEY: Motion made and seconded for 7 approval of the agenda item. I assume that's with the number 8 273 removed? 9 COMMISSIONER BALDWIN: That's correct. 10 COMMISSIONER MOSER: Yes. 11 JUDGE TINLEY: All right. Question or discussion? 12 All in favor, signify by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: Motion carries. Let's now go to 17 Item 17; to consider, discuss, and take appropriate action 18 regarding plans, specifications, and bid documents for 19 Phase 2 of Hill Country Youth Event Center. Commissioner 20 Oehler? 21 COMMISSIONER OEHLER: I put this back on the agenda 22 to consider it. We had -- last meeting, I think we talked 23 about this. We kind of indicated there might be some changes 24 that need to be made to the -- to the plan for the floor plan 25 to accommodate for more storage and things like that. He 3-11-13 43 1 really can't proceed with any of this until we give him 2 approval to do that. We don't -- you know, he doesn't have 3 any agreement with us to proceed. So, that's why -- 4 COMMISSIONER LETZ: And he's here. 5 COMMISSIONER OEHLER: And there he is. 6 MR. LEWIS: It's not 10 o'clock. 7 JUDGE TINLEY: Yours is not a 10 o'clock timed 8 item. 9 MR. LEWIS: My mistake. 10 COMMISSIONER OEHLER: You're up. (Laughter.) 11 JUDGE TINLEY: We're having a barbecue, and guess 12 who the main course is? 13 MR. LEWIS: Yeah. Good morning. Good morning, and 14 I'm sorry; I had 10 o'clock on my agenda for discussion this 15 morning, so I apologize. But Commissioner Oehler and I spoke 16 last week just to kind of find out where we were in the 17 process. I know that the Commissioners and other entities, 18 groups are about the business of raising money for this, and 19 we just want to be prepared when y'all are prepared. And 20 there were -- at the design workshop that was held here in 21 Commissioners Court several weeks ago, there were some items 22 that were brought up for consideration, and one thought is 23 that maybe it would be a good time to at least update the 24 plan and get that out among the user groups and stakeholders 25 and see that everybody's needs are being considered. 3-11-13 44 1 JUDGE TINLEY: Okay. 2 COMMISSIONER LETZ: I agree. 3 COMMISSIONER OEHLER: I do too. 4 JUDGE TINLEY: We've got a new wrinkle in this 5 thing. Late last week I was contacted by Tracy McCuan at 6 KPUB, and he -- he came up with a suggestion that I think is 7 quite novel, and could be very well weaved into this 8 particular item. And he's here along with his, I think, 9 chief engineer, Mike Wittler, and I'm going to let them 10 spring this on you, and let you -- let them tell us what it's 11 all about. But I think it's kind of neat. 12 MR. McCUAN: Good morning. Thank you. 13 JUDGE TINLEY: Mr. McCuan, good to see you. 14 MR. McCUAN: Good to see you gentlemen, too. SECO, 15 the State Energy Conservation Office, has a grant program 16 going on right now. Unfortunately, it's a very short 17 timeline; the grant applications are due Friday of this week. 18 It's for up to a 200,000 -- $250,000, excuse me, grant that 19 would allow us to install, on the rooftop of your buildings 20 out there, about a 100 K.W. system, solar, photovoltaic 21 system. That system would generate savings on your electric 22 bill of about $10,000 annually. It would have a payback 23 period for the system at -- under what we would be proposing 24 to do, of around eight years. What we're thinking we would 25 do -- and, by the way, we have not approached KPUB Board on 3-11-13 45 1 this yet. We just haven't had time. They only meet once a 2 month, and they're meeting -- their next meeting is next 3 week. But -- so we don't have the board's approval to 4 proceed. But our idea was that KPUB would fund a 20 percent 5 matching grant portion, and then have an arrangement with the 6 County that they would repay that 20 percent, or $62,000, by 7 -- through the agreement of half of the savings per month. 8 So, you would get half of the savings; you'd still pay KPUB 9 for that other half of the amount until the system is paid 10 over -- paid out, and then the -- excuse me -- then the 11 ownership of the actual facility will transfer to the County. 12 One problem we found out after I talked to you, 13 Judge, late last week, through working with the contractor 14 that seems to get a lot of these grants from SECO -- and they 15 are on the state bidding arrangement, so it makes that a 16 little easier -- is that visibility to the public of this 17 photovoltaic system is one of a very high criteria. Another 18 is that they want it to be in some way educational, so that 19 the youth exhibit really fits in well with that. But it may 20 fit in better -- we may have a much better chance of 21 receiving the grant if it actually goes on the existing 22 buildings instead of on the Phase 2 building. So, like I 23 said, it's all -- 24 JUDGE TINLEY: Existing show barn? 25 MR. McCUAN: Yes, sir. 3-11-13 46 1 COMMISSIONER MOSER: So, this doesn't really have 2 anything to do with the agenda item. 3 MR. McCUAN: Well, we thought it did when I called 4 the Judge last week. But -- 5 JUDGE TINLEY: What we were initially looking at 6 was the Phase 2 aspect. I -- I don't recall; you may have 7 mentioned it. If you did, it didn't register with me. I 8 think it probably would have. The short fuse we have on this 9 thing, is it just notice of intent to apply for the grant or 10 the full application itself that is -- that is due the end of 11 this week? 12 MR. McCUAN: The application itself. 13 JUDGE TINLEY: Okay. 14 MR. McCUAN: We would put that together. We would 15 manage it. We would manage the project, presuming the board 16 approves, of course, all on the County's -- being the face of 17 the County. Now, that's a wrinkle as well, that we're still 18 not sure that we can do it, with KPUB not being the one to 19 sign the application for the grant. 20 JUDGE TINLEY: County probably has to be the 21 applicant. 22 MR. McCUAN: We -- we have put that question to 23 them. 24 JUDGE TINLEY: Okay. 25 MR. McCUAN: And trying to make sure with the state 3-11-13 47 1 office, yes, sir. 2 COMMISSIONER MOSER: I think the -- you know, this 3 has some merit. I don't know that this is -- like I said 4 it's an appropriate agenda item for it. I think it's a good 5 idea. I don't know how we handle that, since -- 6 COMMISSIONER LETZ: Need a special meeting. 7 COMMISSIONER MOSER: Special meeting. 8 MR. McCUAN: We're not looking for action, sir. 9 We're not -- we're just here -- we thought it was going to be 10 associated with Phase 2. So, we're just here to let you know 11 about it, give you a heads-up. I'll probably need to have 12 further discussions this week, before we submit the 13 application, with the Judge once we get some more information 14 from the SECO. 15 COMMISSIONER MOSER: As part of that, photovoltaics 16 are good. The concept is good, but there's a lot of 17 equipment that goes with photovoltaic systems. 18 MR. McCUAN: Yes, sir. 19 COMMISSIONER MOSER: So, maintenance and operation 20 of that would have to -- whenever we discuss it with proposed 21 action, we'd have to understand who's responsible for that, 22 what the lifetime of the photovoltaic systems are, because 23 they degrade. 24 MR. McCUAN: Right. 25 COMMISSIONER MOSER: Rapidly. So, there's -- 3-11-13 48 1 MR. McCUAN: In fact, that's gotten better. 2 COMMISSIONER MOSER: There's a lot of things that 3 I'd like to discuss before we take any action, and we're not 4 here to take action today. 5 JUDGE TINLEY: Well, we thought it was going to be 6 on this particular agenda item, didn't we, Tracy? 7 MR. McCUAN: Well, again, that just has to do with 8 the visibility to the public. 9 COMMISSIONER LETZ: Well, how -- I guess my 10 question is, why would Phase 2 not be just as visible as the 11 existing phase? 12 MR. McCUAN: Mike is much more familiar with your 13 layout out there. I'll let him address it. 14 MR. WITTLER: And we're still looking at this. 15 Like Tracy mentioned, we have a very short timeline, but just 16 looking at the existing buildings out there right now, the -- 17 the photovoltaic system would have to be on a south-facing 18 roof, and if you're standing on the road, that's the left 19 side. And -- and the -- the old show barn is -- from the 20 street level, the old show barn, that's -- that's the 21 obviously visible roof. Then the new building -- and I would 22 assume that Phase 2 would have a similar pitched roof, a 23 better technically pitched roof. I still think that the -- 24 the existing show barn is probably going to be the most 25 visible, and they want visibility to the public from the 3-11-13 49 1 roadway, you know, from -- from areas that the public would 2 normally be. So -- and, again, we're still -- still looking 3 at this and still working through the details. So, we'll be 4 out there this afternoon taking some pictures and running 5 those back through the consultant to see what their thoughts 6 are. 7 COMMISSIONER MOSER: So, visibility to the public 8 is a necessary requirement? 9 MR. WITTLER: Yes. Yes. And it's -- it's -- 10 COMMISSIONER MOSER: I would think you'd want them 11 not visible. They're ugly. 12 JUDGE TINLEY: No, for educational purposes. This 13 is part of the -- part of the thrust of the grant, is for 14 educational purposes. And I think they go hand-in-hand with 15 our water cachement system out there in terms of promoting 16 green, renewable energy, those sorts of things. And if we 17 can achieve savings in our -- in our energy consumption, it 18 doesn't make any difference whether it's on the new -- the 19 big new show barn or whether it's on some new facility to be 20 built out there. Energy savings is energy savings, and it 21 makes a lot of sense. And what you gentlemen are proposing, 22 subject to your board's approval, would be, initially, the 23 grant application would -- would have the County putting out 24 the funds up front, and with the only stipulation that 25 whatever the savings were achieved -- if we save $1,000 a 3-11-13 50 1 month in electric, we take half of that money and -- and 2 apply it to the, quote, debt, unquote, to you folks for 3 fronting the 20 percent match. And once that is liquidated, 4 why, then the entire savings is passed on to the County. 5 MR. McCUAN: Correct. 6 JUDGE TINLEY: So, it's a win-win. But in the 7 meantime, we've got an educational showplace there for -- for 8 the public to be aware of renewable energy. 9 MR. McCUAN: And one other thing I didn't -- I 10 failed to mention is that it would include an electric car 11 charging station. 12 JUDGE TINLEY: Oh. 13 COMMISSIONER LETZ: Judge, so it seems that we'll 14 just have to call a special meeting for later in the week. 15 JUDGE TINLEY: In the week, yeah. 16 COMMISSIONER LETZ: I mean, towards Thursday or 17 Friday. 18 JUDGE TINLEY: Yeah. 19 COMMISSIONER BALDWIN: 72 hours. Tracy, being as 20 every -- every press person in town is here, should we try to 21 keep this quiet until you talk to your board? 22 MR. McCUAN: I'm not concerned about that. 23 COMMISSIONER BALDWIN: All right. We'll do our 24 best. 25 JUDGE TINLEY: If the cat's in the bag, you want it 3-11-13 51 1 kept in the bag. We'll do our best to help you. Thank you 2 for being here. We appreciate it. 3 COMMISSIONER MOSER: Judge, if I may go back to the 4 motion or agenda item presented by Commissioner Oehler? 5 JUDGE TINLEY: Mm-hmm. 6 COMMISSIONER MOSER: We had a workshop to discuss 7 the -- the exhibit hall, if you will. We had a lot of 8 discussions of -- and I think that's where this is leading, 9 is what this facility could be. We've heard some people say 10 it should be a pitched roof; some people say it should be a 11 flat roof for air conditioning purposes. Low ceiling, 12 multiple kitchens, one kitchen, et cetera, et cetera, et 13 cetera. I would -- I would hope that we would also look 14 at -- and we talked about why we need this right now, and one 15 of the things is -- is that we need it for -- for the auction 16 for the livestock show that we have in February every year -- 17 January, February every year. So, that's one application for 18 it. The 4-H has a use for it. So, I would encourage us to 19 also look at what it takes to meet the current known needs of 20 that facility, which may be renovating what we have, putting 21 in new restrooms, et cetera, but let the architects look at 22 that to satisfy those needs. And then the second step is, if 23 we need a 28,000 square foot convention center, okay, exhibit 24 hall, what are the needs for that? We have never had 25 anything that involved the community, that involved the 3-11-13 52 1 livestock association, K.E.D.C., anybody else that -- to 2 understand in working with an architect what this facility 3 should be. We've never established that. There's been a 4 small group that's worked with Peter Lewis and the guys to 5 lay out a concept to it. So, I would urge that we -- that we 6 take that action, as opposed to looking at what the 28,000 7 square foot facility should be. Step one, what do we need 8 the existing one for, and can it be improved? And I think 9 it's horrible out there right now, okay, but that's not to 10 say that we couldn't put in a new ceiling, new restrooms, and 11 satisfy the needs as we know them. Then look at the needs 12 that we think may exist -- that we think may exist out there. 13 No one has quantified or identified what those needs are. 14 So, I would encourage us to do that as we move forward, and 15 before we proceed to spend any significant money on this 16 thing. 17 JUDGE TINLEY: I have some participation forms that 18 were filed for this meeting with respect to this particular 19 agenda item, and I'm going to give those folks an opportunity 20 to offer their input. First one is Dr. Thomas R. Hamilton. 21 It shows an address of 1803 Summit Spur here in Kerrville. 22 If you'll give us your thoughts on this agenda item, please, 23 sir. 24 DR. HAMILTON: Yes, sir, I will. As you 25 mentioned, I'm Dr. Tom Hamilton, retired finance professor 3-11-13 53 1 from St. Mary's University, where I managed their M.B.A. 2 program and taught finance for 17 years. When I taught my 3 students that, I asked that they learn how to analyze 4 investment opportunities based on cost-benefit analysis. I 5 sent a letter to Commissioner Letz and asked him for some 6 information about the analysis that has gone into the 7 suggestion that we build a new event center. I'll read some 8 of the questions I asked. I did not get a response. But, 9 has there been a study or studies conducted to determine that 10 a new building is needed? If so, when and by whom? What are 11 the events that are held in the current building each 12 month/year? What's been the attendance at those events? How 13 many county residents and out-of-county residents attended? 14 How is the current building inadequate to meet the needs of 15 those current events? Could it be economically feasible to 16 upgrade the current building to meet the needs of the events? 17 Has the Commissioners Court established a prioritized list of 18 projects that demand county taxpayer money to fund? If so, 19 where does this new event building lie on that prioritized 20 list? If there is not a prioritized list, why not? 21 As I said, I didn't get an answer, so I came today 22 to ask those questions of the entire Court. I am neither for 23 nor against the building of a new building out there, because 24 I don't have the information on which to base a decision. I 25 would suspect that the Court has not developed that 3-11-13 54 1 information either. I'd only request that before you invest 2 my money, as an owner, investor in the county, that you do 3 the study necessary to determine that there is a need for a 4 new building, and if so, what that need is. Thank you for 5 your time. 6 COMMISSIONER LETZ: Judge, may I make a comment? I 7 do -- 8 JUDGE TINLEY: Just a moment, sir. Go ahead. 9 COMMISSIONER LETZ: I received a letter, but there 10 is no address or phone number to contact you back. 11 DR. HAMILTON: On the letter I sent you, sir, there 12 was a letterhead, and the address was at the bottom of the 13 letter. 14 COMMISSIONER LETZ: Okay. 15 DR. HAMILTON: This copy was not -- 16 COMMISSIONER LETZ: And the information, just to 17 respond -- tell you right now, is that the I think all of 18 the -- all of your questions can be answered pretty much by 19 just going through court orders, or the -- I mean, the court 20 record and the transcripts since 2000. The amount of -- the 21 number of times and meetings we have looked at this and 22 analyzed it and been discussed in court is huge, and I would 23 suggest that you go through those court records. I mean, you 24 know, I'm not going to take my time to go through and write 25 down every event that's been out there, who's attended. And 3-11-13 55 1 I'm not going to ask my secretary to do that, because it's 2 just -- it's an amount of time that's huge, like I say. And 3 there are reports -- we've done three -- or two big 4 architectural studies back in the late -- about 2000. 5 Mr. Lewis did another study and review in -- I don't know, 6 three, four -- '08. We've done another one this year, so to 7 say that the project hasn't been studied, it's been studied 8 for the last 15 years, with a number of different studies, 9 master plans, analyses, reviews of all of the buildings out 10 there, cost estimates to repair, fix, and all of the 11 information that you're asking for has been discussed in 12 court. So, I mean, it is available by going through the 13 court records. 14 JUDGE TINLEY: Any questions for -- for Mr. 15 Hamilton? Thank you, sir. We appreciate your comments. 16 COMMISSIONER MOSER: But I'd like -- if I may, I'd 17 like to comment on Commissioner Letz' comments. I've taken 18 the time to look at some of that information, and some of it 19 was done by Convention and Visitors Bureau, to say, "This is 20 what we need." But that analysis was flawed. It assumes 21 that that facility would be used every single weekend 22 available, for three days every weekend, with 300 people at 23 every event, spending $105 per person, and that's flawed. 24 So, I think what Dr. Hamilton is asking here is valid. I 25 think the records of how that facility's been used the last 3-11-13 56 1 three years are very easy. There's a calendar we can look 2 at; it takes 30 minutes to do that. It's been used an 3 average of about 24 times, or 25 percent of the time. So, I 4 -- I understand what you're saying, but I think if you look 5 at the data, you can probably challenge it pretty 6 extensively. 7 COMMISSIONER LETZ: You're saying every time 4-H 8 has used it or the Extension office has used that building, 9 it's on that calendar? 10 COMMISSIONER MOSER: Right. That's right. And it 11 uses it 75 percent of the time. It's used primarily from 12 5:30 to 7:30 in the afternoons for archery and shooting. 13 JUDGE TINLEY: Let's move on with our 14 participation, if we might. The next participation form was 15 filed by Neil M. Dunn. It shows an address of 200 Roberts 16 Trail in Center Point. 17 MR. DUNN: Well, thank you, Your Honor, 18 Commissioners, for this opportunity. At the onset, I'll just 19 say I'm opposed to this. I'm a retired physician, 20 pathologist. I've lived in Kerr County full-time since July 21 2000, and in Precinct 2 in Center Point. That's where I 22 currently reside. While I was working, I was on a board of a 23 large reference lab in San Antonio. We built a 20,000-plus 24 square foot building on 4-plus acres at 501 North Frio. If 25 anybody wants to go there, it's the Robert B. Green Hospital. 3-11-13 57 1 I was on the oversight committee. And based on the above, 2 I'm concerned that the E.H., as I call it, the hall, and the 3 new -- parentheses, new one is not economically justifiable, 4 for the same reason as the gentleman before me spoke. And 5 that I think that when it's all said and done, the net on 6 this -- the implementation of this building project will end 7 up costing the taxpayers money. Furthermore, I think the 8 money would be more wisely spent on our citizens, especially 9 children, like supporting the library. 10 And I would remind you of the fact that the County 11 doesn't have any say in the $200,000, and if this grant goes 12 through, there's another 250,000 you could use right there to 13 help support the library. And I also think increases to 14 school security would be more -- be important. So, lastly, I 15 would like -- would have liked to have seen this issue voted 16 on by the citizens, because I think it would have gotten much 17 more coverage and discussion. And if memory serves me, and I 18 could be wrong, I think this has been voted down before. And 19 in conclusion, I don't think that the taxpayers' money should 20 be spent on something that is not now needed. 21 JUDGE TINLEY: Thank you, sir. 22 COMMISSIONER BALDWIN: Thank you. 23 JUDGE TINLEY: Next participation form we have is 24 from Ted Schulenberg, 181 La Reata Road in Kerrville. 25 MR. SCHULENBERG: Good morning, Your Honor, 3-11-13 58 1 Commissioners. I'm a retired geologist; that's all I need to 2 say about that. But I didn't go to a Dale Carnegie course, 3 and I didn't go to A & M, and so I'm going to start out 4 saying something unkind, and that is I was disappointed and 5 kind of incredulous with that decision two weeks ago to 6 decline the free offer to assist the library in their 7 finances, and I thought it was a disservice to many hundreds 8 of people, maybe even thousands of your constituents. I did 9 see a couple rays of sunshine in that matter, though. One 10 was there was obviously a recognition that the County doesn't 11 have unlimited resources, and secondly, I read somewhere that 12 there was an intention to develop a 10-year plan on what to 13 do about library obligations. And both of those, I think, 14 are good. 15 I heard that that 10-year plan meant there was an 16 intention to work with the City and determine the County's 17 role in management, see how much money might be available, 18 and figure out what to do about it. But the -- the fact that 19 it was hard to come up with $200,000 in the county is 20 six-fold in this matter, where you have to come up with 21 $1.2 million. And I don't know how much money the County has 22 or what their obligations are, but I think until such time 23 as, as Mr. Moser has suggested, just exactly what the 24 utilization of a proposed facility would be, and how much 25 benefit it would be to the community should be determined 3-11-13 59 1 first. I heard that -- I hear occasionally from people that, 2 "We want the city or the county to grow and prosper." It's 3 the growth part about that that worries me. The city and the 4 county are going to grow whether we want it to or not, but I 5 don't think we should spend any money trying to attract 6 growth to the city. In the first place, we don't have the 7 resources -- water resources. And secondly, I have never yet 8 seen a city or county that's gotten better by getting bigger. 9 But the prosper part, I'm all for. Whatever we can do to 10 increase the quality of life in the community is good. 11 That's why I was disappointed with the library, and that's 12 why I brought it up. And I'm not sure at all about the 13 exhibit hall. So, that's all I have to say about it. 14 JUDGE TINLEY: Thank you, sir. Next participation 15 form is from Harley D. Belew at 1465 U.T.C. Road. I'm not 16 sure I understand. 17 MR. BELEW: That's Upper Turtle Creek, Judge. 18 JUDGE TINLEY: Okay. All right. 19 MR. BELEW: Are you going to say anything else, or 20 do I start? 21 JUDGE TINLEY: No. 22 MR. BELEW: Okay, thank you. First of all, you 23 know, my kids have been involved in stock show for years. It 24 was nice backstage before the sale this year. It was 25 organized; you could hear everything, and I was appreciative 3-11-13 60 1 of it. I appreciate how you've handled the renovations so 2 far and improvements. What I'm -- I wanted to ask some 3 questions, basically. Are we going to do the next phase just 4 for stock show, or are we going to try to do something else 5 with it? Because if we're doing something else with it, 6 we're going to have trade shows and stuff like that at the Ag 7 Barn, which is -- I've advocated that for years. If we're 8 going to do that, I'm concerned about the hidden costs, 9 because if we're going to have that sort of thing there, you 10 know, we're in the marketing business, and the County's got 11 to either hire some kind of agency, some kind of marketing 12 firm, or put somebody on staff here and pay for health care 13 and all the rest of it. Have we thought that far ahead? 14 COMMISSIONER OEHLER: We've already got a person to 15 do the books. Jody does all the books. 16 MR. BELEW: That's going to stay the same? That's 17 what I'm asking. 18 COMMISSIONER OEHLER: I don't see anything 19 changing. 20 MR. BELEW: If it gets better and better, nothing 21 will change? 22 COMMISSIONER OEHLER: We even got a floor machine 23 and stuff so one person can continue to do maintenance. We 24 don't have to have additional staff. 25 MR. BELEW: No -- well, how about this, then? If 3-11-13 61 1 we have more events out there, we're going to have more man 2 hours for clean-up, setup and that sort of thing. 3 COMMISSIONER OEHLER: But they pay for that. 4 MR. BELEW: It's all taken care of? 5 COMMISSIONER OEHLER: That's all paid for. 6 MR. BELEW: No hidden expenses? 7 COMMISSIONER OEHLER: Hmm-mm. 8 MR. BELEW: That's all I came to find out. 9 COMMISSIONER OEHLER: I don't know what they'd be. 10 MR. BELEW: That's what I'm trying to find out. 11 COMMISSIONER OEHLER: That comes down to the same 12 or less than what's it's been. 13 COMMISSIONER LETZ: Harley, I think that on the 14 marketing side of it, I think there's -- the Convention and 15 Visitors Bureau and hotels, you know, would -- obviously, we 16 would try to do something, but hiring a person or a firm, I 17 don't see. 18 MR. BELEW: Well, it didn't -- I mean, if we're 19 really going to bring -- it's one thing for us to have a swap 20 meet out there and have ag and have ropings and stuff like 21 that. But it's really going to be a return on investment; 22 we're going to have to spend some other money, and where is 23 that going to come from? 24 COMMISSIONER OEHLER: I don't think so. I think 25 that's -- that's going to come through your hotels, and your 3-11-13 62 1 Chamber is going to be able to host more events out there. 2 They're going to be wanting to bring those in; they're going 3 to have motel rooms to sell and -- 4 MR. BELEW: Well, let's say you want to bring in a 5 gun show, Bruce. How do we reach them? Who does it and so 6 on? 7 COMMISSIONER OEHLER: They've been coming for a 8 long time already. 9 MR. BELEW: Bigger ones, better ones. 10 COMMISSIONER OEHLER: Yeah. 11 MR. BELEW: I'm seeing bigger things for it, but 12 I'm also seeing hidden costs in it. 13 COMMISSIONER OEHLER: I don't think there are 14 hidden costs. 15 COMMISSIONER LETZ: Our goal, and it's a goal -- 16 and, you know, there may be some costs; I can't say there's 17 not going to be, but the goal has been -- and we brought it 18 up briefly this morning. Events should, at a minimum, cover 19 our costs out there. 20 MR. BELEW: Sure. 21 COMMISSIONER LETZ: So, you know, if there's a -- 22 you know, whether it's insurance or personnel or utilities, 23 we calculate it in, and we're calculating and recalculating 24 what it costs us to open the doors out there for a Saturday 25 or for a night event, and best we can, we try to recoup that 3-11-13 63 1 cost. There are times when we, you know, just try to break 2 even on it, you know, like with the nonprofits. And some of 3 them try to cover a little bit, have a little bit extra in 4 there to cover some of the other hidden expenses -- hidden 5 costs. So I think, you know, it's something that the Court 6 has to continually review, the operating costs of that whole 7 facility. And the -- you know, the rates we charge need to 8 cover those costs. 9 MR. BELEW: Well, my other question is, have we 10 explored every option for matching funds and that sort of 11 thing? 12 COMMISSIONER OEHLER: That's being done now. 13 That's what's the stock show challenge is. 14 MR. BELEW: Right. 15 COMMISSIONER OEHLER: They're the ones doing that, 16 and we have gotten grants for some of this, like we got three 17 grants for the rainwater system. 18 MR. BELEW: And we heard about something possibly 19 this morning. 20 COMMISSIONER OEHLER: We got 40,000 out of 120-some 21 total that we reduced the cost out there in the rainwater 22 catchment. And the stock show is pursuing many -- quite a 23 few grants, actually. 24 MR. BELEW: Well, if you add bells and whistles to 25 it and it's paid for with grants, that doesn't cover the big 3-11-13 64 1 number. How much of that -- are we still at 1.2? 2 COMMISSIONER LETZ: Well, the -- 3 COMMISSIONER OEHLER: That includes the 500,000 4 we've challenged them to raise. 5 COMMISSIONER LETZ: I think -- Harley, glad you 6 brought that up. I want to go back to some -- some people in 7 the audience that the -- you know, I guess the impression 8 that I'm hearing from people is that we're spending 1.2 9 million of tax dollars on this. That's never been the case. 10 The case was when we came out with this -- two years ago, 11 Rob? -- was that we said the County will fund the show barn. 12 And we challenged the Stock Show Association to come up with 13 $500,000 to finish up to do the exhibit hall. And the County 14 set aside at that time funds that cannot be used for the 15 library; they can't be used for roads. They can't be used 16 for anything except that building. I guess you could not 17 spend it ever, but that causes some other problems. So, I 18 mean, the cost to the taxpayers is -- is, you know -- 19 COMMISSIONER OEHLER: Built in. 20 COMMISSIONER LETZ: Basically, it's 50 percent or 21 slightly more, maybe 60 percent of the total cost, -- 22 MR. BELEW: $700,000, $800,000. 23 COMMISSIONER LETZ: -- of the cost of the building. 24 So, it is largely being funded by grants. And that's -- and 25 if it's not going forward, if the Stock Show Association 3-11-13 65 1 cannot come up with the funds, then it's going to be on hold 2 until they do, from my standpoint and my vote. That's what 3 we said from the beginning. They're actively raising money. 4 The Charity Ball is one of the groups that has designated 5 their funds this year for this facility, and there are 6 other -- I know the Stock Show Association has other things 7 they've done. I also want to make it real clear that on the 8 -- the current show barn, all of the pens, all -- everything, 9 the -- the, quote, furnishings was paid for by the Stock Show 10 Association. 11 MR. BELEW: Yeah, very nice. 12 COMMISSIONER LETZ: In the neighborhood of 300, 400 13 -- $300,000. So to say that the, you know, taxpayers are 14 footing this whole bill for this project is just not 15 accurate. 16 MR. BELEW: Well, I wanted to clarify some of that. 17 And the other thing I just wanted to -- you know, in case it 18 hadn't been thought of, I really do believe that if -- and I 19 think it's going to be successful, but marketing has to be 20 part of it. If you're going to bring tractor pulls and trade 21 shows and all that sort of stuff in here, you don't just 22 build it and they come. People have to know that we're here, 23 and you have to reach out to them and get them here. 24 JUDGE TINLEY: Yeah. We're going to do that 25 through radio advertising. (Laughter.) 3-11-13 66 1 MR. BELEW: I didn't come here to sell any radio 2 ads. It would have to be marketing to other cities and 3 stuff. 4 JUDGE TINLEY: Any other comments you wish to make? 5 MR. BELEW: No, that's all. 6 COMMISSIONER MOSER: I want to comment on -- follow 7 up on some of Commissioner Letz' and Oehler's comments 8 relative to what Harley said. If we build a 28,000 square 9 foot convention center, there are more costs associated with 10 it. There's more air conditioning, there's kitchens, there's 11 a large amount of refrigerators and freezers. There's a lot 12 more expense. There's chairs, there's tables. There's all 13 kinds of -- if you're going to seat 1,700 people in an event, 14 that's a big deal. That's not like sweeping out the show 15 barn. It's -- it's a big deal. It's going to be something 16 that's going to cost a lot of money. And I want to -- and as 17 I said a while ago, I want to separate the two objectives. 18 One is to take care of the stock show, and that's one kind of 19 facility, and the other one is for -- I'm going to call it a 20 convention center to seat 1,700 people, that's a different 21 objective. So, all I'm saying is let's understand what the 22 requirements are for both objectives. 23 And I think the stock show people have said we're 24 going to contribute -- they're going to try and raise 25 $500,000 for the stock show objectives, okay? Not 3-11-13 67 1 necessarily -- and if it's for the youth to seat 1,700 2 people, I'm waiting to hear what that is. That's the 3 marketing analysis that has not been done, period. It has 4 not been done. And I think we need to do that before we move 5 forward on the thing. That -- and I think that that's what 6 I'm hearing some of these -- some of these people in the 7 audience saying. We have not done that. 8 JUDGE TINLEY: Commissioner, I think the Court is 9 real, real clear on your position that you've advanced on 10 this. 11 COMMISSIONER MOSER: Okay, good. 12 JUDGE TINLEY: And -- and if we aren't, we haven't 13 been listening. But I want to move forward with this agenda 14 item so that we might get through with our meeting today. 15 Are you through with your comments, Mr. Belew? 16 MR. BELEW: Yes, sir. Thank you. 17 JUDGE TINLEY: Thank you, sir. 18 MR. BELEW: Thank you, gentlemen. 19 JUDGE TINLEY: The next participation form we have 20 is from Kristan Weaver, showing an address of 817 Saddlewood. 21 Ms. Weaver? 22 MS. WEAVER: Good morning, gentlemen. Kristan 23 Weaver, vice president of operations for the Kerrville Area 24 Chamber of Commerce. I will be succinct. We have been in 25 conversations with y'all and in meetings and field trips and 3-11-13 68 1 all kinds of stuff, fun stuff, for the past couple of years, 2 and I am here today to just affirm our support of this 3 project from the Kerrville Area Chamber of Commence. And 4 we've been working very closely with K.E.D.C. and with the 5 C.V.B. on making sure that -- that this project goes forward 6 and that it is successful. You've got some great 7 expertise -- I know you know that -- with Charlie and Harold 8 and Jonas, and we just look forward to working with y'all and 9 just seeing this project advance. Thank you. 10 JUDGE TINLEY: Thank you, ma'am. 11 COMMISSIONER OEHLER: Thank you. 12 JUDGE TINLEY: Mr. Lamar Smith, 672 Oakland Hills 13 Lane. Morning, sir. 14 MR. SMITH: Thank you. I will not repeat anything 15 that was said so far. I'm going to give you a different 16 perspective. What do the surrounding counties whose kids use 17 that facility think about it? My wife and her cousins have 18 been ranching -- well, some of them for 100 years. All of 19 them now have grandkids in Del Rio, Rocksprings, 20 Brackettville, Uvalde. They're in 4-H, F.F.A. They have 21 their shows, then they come to this big hill country stock 22 show, and every year my wife takes one of our granddaughters 23 out there to meet the cousins. And before this year, all 24 these people were blown away. "What a facility!" That's 25 before the new one's up. And all they say is Kerrville -- 3-11-13 69 1 they don't distinguish between the city and the county. 2 "What a bunch of rich people up there." They all have some 3 oil or gas production. They can't afford a facility, and 4 they're not -- Del Rio's bigger than Kerrville. Uvalde, I 5 don't know. But they are amazed that we can spend, from 6 whatever source, money to build that new thing out there, 7 which I haven't been to. But they're jealous. They've got 8 income. So, all I'm saying is, Kerrville or Kerr County is 9 perceived as fat cats. They got money to spend on 10 everything. They enjoy it. They're here maybe two nights a 11 year, other than the sheep and goat raisers. Their parents 12 and grandparents come to the sheep and goat raisers' deal out 13 at the motel. But, for whatever it's worth, they're loving 14 this county or this city, spending a lot of money that they 15 can enjoy for a very few days out of the year. 16 JUDGE TINLEY: Thank you, sir. Okay, any member of 17 the Court have anything further to offer with regard to Item 18 1.17? It occurs to me that -- based on what Commissioner 19 Oehler indicated at the outset of that item, that any action 20 to be taken today would be relative to our activity with 21 regard to the architect and his activities, since he feels 22 like he's hung on a hook and can't move forward without any 23 further direction from the Court. 24 COMMISSIONER OEHLER: Well, if we don't move this 25 forward, we're not going to get anything started; therefore, 3-11-13 70 1 it would be dead for a while, and I don't believe we ought to 2 kill it. 3 COMMISSIONER LETZ: Well -- 4 COMMISSIONER OEHLER: I think that was the intent 5 of a lot of this to start with. And a lot of things that -- 6 you know, people that haven't been here as long as some of us 7 have, and haven't experienced the things we've experienced 8 out there. And the building's wore out. We did an analysis 9 of remodeling and repair and expansion. It just didn't make 10 any sense. So, that's why this has moved to the point where 11 it has. 12 COMMISSIONER MOSER: Yeah. All I'm suggesting is 13 we do it in two pieces. One, what we need for the stock show 14 and that type of operation. And number two is, we proceed 15 forward -- what do we need for a convention center, and what 16 should that convention center be, and what's the 17 justification there? 18 COMMISSIONER OEHLER: That's exactly what this is 19 going to be, multi-purpose; it's not just for the stock show. 20 They'll have their needs met, as well as others, for other 21 functions. 22 COMMISSIONER LETZ: But to call it a convention 23 center, I think, is a stretch, in my mind. 24 COMMISSIONER OEHLER: Yeah. 25 COMMISSIONER LETZ: A big stretch. 3-11-13 71 1 COMMISSIONER OEHLER: We're not talking about 2 $20 million; we're talking about 1.2 for a building, and this 3 is a low-budget project. What was presented back -- what, 4 Judge, six years ago? Five years ago? Was something upwards 5 of eight million, nine million dollars. 6 COMMISSIONER LETZ: That was a convention center. 7 COMMISSIONER OEHLER: Yeah. 8 COMMISSIONER MOSER: And that was for a lot more 9 than that. 10 COMMISSIONER OEHLER: Not near as much square 11 footage, only 45,000 total square footage. 12 JUDGE TINLEY: We have -- that was under the master 13 plan in '08, and it was a total project renovation of the 14 existing indoor arena and event center. 15 COMMISSIONER MOSER: Yeah. 16 JUDGE TINLEY: Show barn, so forth. The whole 17 project was about 12 and a half to 14, but that was about 18 four or five different pieces. 19 COMMISSIONER MOSER: That -- yeah, that was huge. 20 COMMISSIONER OEHLER: Still didn't make any more 21 square footage, hardly at all. 22 COMMISSIONER LETZ: It wasn't huge. 23 COMMISSIONER MOSER: It was huge, because you were 24 talking about the indoor arena, the outdoor arena -- 25 COMMISSIONER OEHLER: Just talking about putting 3-11-13 72 1 the shell, putting tin and insulation -- 2 COMMISSIONER MOSER: The show barn, all of that. 3 That's what that other thing was. 4 COMMISSIONER OEHLER: Still, you did not get any 5 square footage. 6 COMMISSIONER LETZ: But let's move forward. To 7 move forward, it seems to me that Mr. Lewis needs direction 8 to move forward. And from knowing Mr. Lewis as I do over the 9 years, that usually means there's a cost. 10 MR. LEWIS: This is what I do for a living. 11 COMMISSIONER LETZ: And I'm not -- you know, so my 12 question to Mr. Lewis is, to get to the information that -- 13 out of the workshop, to develop kind of, I guess, a -- a 14 revised plan to look at some of the issues of how -- what it 15 costs to, you know, not necessarily draw it, but figure out 16 the cost to do additional break-out rooms, how we set up the 17 kitchen, you know, bathrooms, something to look at some of 18 that analysis again, what do you estimate the cost to be? 19 MR. LEWIS: Well, I think just -- I will answer 20 your question. I'll stand up. I think we need to analyze it 21 graphically. We need to analyze it -- sounds redundant -- 22 analytically, but to -- to go back and update the program 23 documents -- program documents that we have done in the past. 24 Now, are we talking about looking at reusing that existing 25 facility, or are we just talking about advancing the concept 3-11-13 73 1 that's in place right now? That is, new construction in 2 front of the show barn, and implementing the directives or 3 the -- the thoughts that came out of the workshop that we had 4 a couple weeks ago. Are we looking at two different work 5 products, or a single work product? 6 COMMISSIONER OEHLER: Single, far as I'm concerned. 7 MR. LEWIS: Okay. 8 COMMISSIONER OEHLER: That's to move forward with 9 the new, and redo the redesign or the reallocation of space 10 for various needs inside. 11 MR. LEWIS: And I think to do that, it's just a 12 planning effort. I think that, you know, that's no more than 13 a day's worth of work. If I -- if I've got the -- the right 14 information and clear direction about what -- and that's what 15 I was here this morning for. So -- so, a day's worth of 16 work, $1,000, $1,500 tops. 17 COMMISSIONER LETZ: That includes, I mean, 18 gathering the information from the various parties? 19 MR. LEWIS: I think, you know, it does, and I think 20 we've done a lot of that. It would be just really ratifying 21 that and making sure that we've got the input that we need. 22 And, I mean, that's a step forward, given the information we 23 have. If we're talking about something else -- if we're 24 talking about assessing -- doing a market study, I'm not the 25 person to do that. 3-11-13 74 1 COMMISSIONER LETZ: Right. 2 COMMISSIONER MOSER: See, that's the part that 3 hasn't been done. There's not been a market study done, 4 period. A realistic, rigorous market study. There hasn't 5 been -- 6 MR. LEWIS: You know, I -- 7 COMMISSIONER MOSER: How can you move forward on 8 something for which there hasn't been -- and I'm going to 9 call it a convention center whether you like it or not, okay? 10 It's going to seat 1,700 people. How can you move forward on 11 something like that, that you haven't done a market analysis? 12 JUDGE TINLEY: Real simple, Commissioner. He can 13 do the architectural work on it to lay out a footprint, and 14 that's what we're discussing here today. I believe the item 15 deals with plan specifications and bid documents. We're not 16 talking about marketing studies. So, what you're saying, 17 Mr. Lewis, is that based upon the workshop and the ideas and 18 concerns and the needs that were developed in the workshop, 19 you think you can bring those forward with a new footprint 20 and layout, or some variations -- various layouts for the 21 Court to review at a cost probably not to exceed $2,000? 22 MR. LEWIS: Absolutely. And if it does, I will 23 absorb that. But I think it's important, and I just needed 24 the direction. We've been -- this stuff's been gelling over 25 in our minds, and we're prepared to move forward, and I think 3-11-13 75 1 that's the logical next step. The -- the construction 2 drawings and specifications are something else down -- 3 JUDGE TINLEY: I understand. 4 MR. LEWIS: -- down the road that requires a 5 different kind of funding, obviously. 6 JUDGE TINLEY: That's a good deal more definitive, 7 surely. 8 COMMISSIONER MOSER: So, let me understand. This 9 would be a revision of the concept? 10 MR. LEWIS: Yes. 11 COMMISSIONER MOSER: I'm going to just call it a 12 concept. 13 MR. LEWIS: Yes. 14 COMMISSIONER MOSER: Okay. 15 MR. LEWIS: For what I think really is an event 16 hall, and not a convention center. I think it is not of the 17 design -- either the design or intent for the program and 18 intent all along to make it something that can seat 5,000, 19 7,000, 10,000 people. It is something a little more modest, 20 but more consistent with the history of the -- of the events 21 of the Hill Country Youth Event Center, exhibition center. 22 The concept is the kind of programs that are appropriate 23 culturally and regionally for Kerr County. And one of the 24 gentlemen asked what other counties think of it. I -- you 25 know, I can't speak for them, but it has been a big draw for 3-11-13 76 1 those counties and their kids and their 4-H for many, many 2 years, and so I think it's a different thing. And the city 3 of Kerrville continues to discuss the need for a convention 4 center. Now -- 5 COMMISSIONER LETZ: They still need it. Yeah, 6 that's a different item completely, in my mind. 7 MR. LEWIS: My defense of this is that it's 8 something a little different, but it will meet a myriad of 9 needs for larger groups than any facility in Kerrville can 10 hold right now, and -- and in the near future, ostensibly. 11 COMMISSIONER LETZ: I'll move approval of 12 authorizing $2,000 to come out of the capital fund for Peter 13 Lewis to take the next step and analyze the plans for the 14 event hall. 15 COMMISSIONER OEHLER: Analyze, revise. 16 COMMISSIONER LETZ: Yeah. 17 COMMISSIONER OEHLER: Come back to the Court with 18 a -- 19 COMMISSIONER LETZ: With a concept, and then that 20 would be the -- and, you know, kind of drawings similar to 21 what you have now. 22 MR. LEWIS: Yes. 23 COMMISSIONER LETZ: But revised. And then, based 24 on that, would authorize you to go to the next step and 25 develop actual plans. 3-11-13 77 1 COMMISSIONER OEHLER: Second. 2 JUDGE TINLEY: I have a motion and a second. 3 Question or discussion on the motion? All in favor of the 4 motion, signify by raising your right hand. 5 (Commissioners Baldwin, Letz, and Oehler voted in favor of the motion.) 6 JUDGE TINLEY: All opposed, same sign. 7 (Commissioner Moser voted against the motion.) 8 9 JUDGE TINLEY: Motion carries. Thank you, sir. We 10 appreciate you being here. Let's go ahead and take about a 11 15-, 20-minute recess. 12 (Recess taken from 10:40 a.m. to 11:00 a.m.) 13 - - - - - - - - - - 14 JUDGE TINLEY: Let's come back to order, if we 15 might, and go to our 10 o'clock timed item. Item Number 13 16 is to consider, discuss, take appropriate action to approve 17 contract for copier in Animal Control Department. 18 COMMISSIONER OEHLER: I told her I would handle 19 that for her. 20 JUDGE TINLEY: Okay. 21 COMMISSIONER OEHLER: She had some things she 22 needed to go do. It's within her budget. It's just the same 23 deal as the other offices that came in here earlier. 24 COMMISSIONER BALDWIN: Second. 25 COMMISSIONER OEHLER: I move for approval. 3-11-13 78 1 JUDGE TINLEY: I have a motion and second for 2 approval of the agenda item. Question or discussion? All in 3 favor of the motion, signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: That motion does carry. Let's go to 8 Item Number 18; to consider, discuss, and -- and approve the 9 Road and Bridge Department doing sealcoating around the fire 10 station at the Divide Volunteer Fire Department at an 11 estimated cost of $16,000, which will be paid by the Divide 12 Volunteer Fire Department. Commissioner Oehler? 13 COMMISSIONER OEHLER: I was asked by them if the 14 County would be able to do this. I checked it out with Rob 15 some time ago. He said that was fine, being as we contracted 16 with them for service, and they're going to pay for it, no 17 cost to us. And they have the new fire station; I think it 18 will be three years old pretty soon, and they would like -- 19 we don't have to do any base work or anything. That's 20 already done. Len said it was fine. All we have to do is 21 fine grade it and put a double seal on it, and that's the 22 estimated cost. It will not exceed that. 23 COMMISSIONER MOSER: This pays for the material to 24 do it? 25 COMMISSIONER OEHLER: Pays for material and -- 3-11-13 79 1 yeah. 2 COMMISSIONER MOSER: Do we -- is that on -- so we 3 can do that on any volunteer fire department that we have a 4 contract for? 5 COMMISSIONER OEHLER: I would say so. I think -- 6 didn't we do something for the Center Point school, some 7 drainage or something a couple of years ago -- three or four 8 years ago? 9 MR. HENNEKE: We did. 10 COMMISSIONER OEHLER: Yeah. 11 MR. HENNEKE: We can partner with other 12 governmental entities. And we -- and we support the 13 volunteer fire departments. You know, we fund them, and this 14 is -- 15 COMMISSIONER MOSER: Yeah. 16 MR. HENNEKE: Nothing wrong with this. 17 COMMISSIONER MOSER: Okay. 18 COMMISSIONER OEHLER: It saves -- you know, that 19 allows them to keep more of their money. 20 COMMISSIONER MOSER: Sure. 21 COMMISSIONER LETZ: Is that a motion? 22 COMMISSIONER OEHLER: That's a motion. 23 COMMISSIONER LETZ: Second. 24 JUDGE TINLEY: Motion made and seconded for 25 approval of the agenda item. Question or discussion? 3-11-13 80 1 Commissioner, we had a series of probably three or four years 2 that we were doing a co-op arrangement with the City, 3 sealcoating various streets -- 4 COMMISSIONER OEHLER: Yes, sir. 5 JUDGE TINLEY: -- with them. They were -- we were 6 actually obtaining materials under our contract; they were 7 reimbursing us for the cost of those materials, and then we 8 were taking care of it. They were providing traffic control 9 and any base remediation, that sort of stuff. It was a great 10 cooperative program. And they haven't asked to us do any 11 more for probably two years now. I think the last one we did 12 was out at Arcadia, if I'm not mistaken. 13 COMMISSIONER OEHLER: It was. That was the last 14 one. 15 JUDGE TINLEY: That was about the third or fourth 16 year that we've done something under that. 17 COMMISSIONER OEHLER: I just think it's a good 18 thing to do. And we -- you know, we save them money, and 19 they sure enough provide a service for us. 20 JUDGE TINLEY: Yeah. When I asked the City Manager 21 his overall impression of that work, his response to me was 22 that the quality of work was top-tier, what you would expect 23 to get from your best contractors, and the cost savings was 24 about 30 percent. So, you know, that's a win-win deal. 25 COMMISSIONER OEHLER: Yeah. 3-11-13 81 1 COMMISSIONER LETZ: And they're going -- I think 2 the City bought their own paving machines and are going a 3 different route now. In fact, I was over in Commissioner 1's 4 precinct -- sorry I didn't call you, Buster, and get 5 permission to go through. 6 COMMISSIONER BALDWIN: That did it. 7 COMMISSIONER LETZ: On Sheppard Rees Road, and they 8 did -- the city's portion right before you get to Sheppard 9 Rees -- 10 COMMISSIONER OEHLER: Looks good. 11 COMMISSIONER LETZ: -- matches our road. 12 JUDGE TINLEY: They've got a new asphalt lay-down 13 machine that they're utilizing. 14 COMMISSIONER OEHLER: Using hot mix on that. 15 JUDGE TINLEY: Yeah. 16 COMMISSIONER MOSER: I think it's good from the 17 standpoint they can save money, and they can therefore put it 18 into fighting fires. 19 COMMISSIONER OEHLER: That's -- 20 COMMISSIONER MOSER: And other emergency work. 21 COMMISSIONER OEHLER: 'Cause they don't have a 22 tremendous amount of money, anyway. 23 COMMISSIONER MOSER: That's right. 24 COMMISSIONER BALDWIN: Jon, were you looking at 25 Sheppard Rees to know how to do it correctly? 3-11-13 82 1 COMMISSIONER LETZ: I was thinking of annexing the 2 precinct. 3 COMMISSIONER BALDWIN: I see what you're saying. 4 That's a nice road, isn't it? 5 COMMISSIONER LETZ: They did a good job. 6 COMMISSIONER BALDWIN: The whole thing is 7 wide-open, clean. 8 COMMISSIONER LETZ: Actually, my nephew lives out 9 there. 10 MS. GRINSTEAD: On a paved road. 11 COMMISSIONER BALDWIN: On a paved road? 12 COMMISSIONER LETZ: Out there off Sheppard Rees, 13 Highland Ranch. That's yours, isn't it? 14 COMMISSIONER BALDWIN: Yeah, that's good. Jody 15 lives out there too, but not on a paved road. 16 MS. GRINSTEAD: Right by Highlands Ranch, though. 17 COMMISSIONER LETZ: Highlands Ranch is paved. 18 MS. GRINSTEAD: I know. 19 JUDGE TINLEY: Okay. Any other question or 20 comments on the motion? All in favor of the motion, signify 21 by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: Motion carried. Let's go to Item 3-11-13 83 1 19; to consider, discuss, take appropriate action to approve 2 Amendment Number 1 to the February 25, 2013, agreement for 3 engineering services with Tetra Tech, Inc., regarding the 4 Kerrville South wastewater project. 5 MR. HENNEKE: Gentlemen, last Commissioners Court 6 meeting, you approved the contract with Tetra Tech for 7 engineering services on Phase 5 of the Kerrville South 8 wastewater project. After that agreement was executed, our 9 -- Grantworks identified some additional terms that needed to 10 be included in order to comply with the terms of the grant, 11 and so we drafted an amendment to that agreement, which 12 should be in the backup. And I reviewed it, and would 13 recommend approval. 14 COMMISSIONER MOSER: Move that we accept the 15 recommended changes to the -- 16 JUDGE TINLEY: Authorize execution of the 17 amendment? 18 COMMISSIONER MOSER: Right. 19 JUDGE TINLEY: All right. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE TINLEY: I have a motion and a second as 22 indicated. Question or discussion? All in favor, signify by 23 raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 3-11-13 84 1 (No response.) 2 JUDGE TINLEY: Motion carries. Item 20; consider, 3 discuss, take appropriate action to accept and approve 4 right-of-way easement dedication for River Road from Mary 5 Douthit Trust. Commissioner Oehler? 6 COMMISSIONER OEHLER: Well, I'm going to turn this 7 over to Mr. Henneke. I think we have been -- I had the 8 people call me a couple years ago to talk about this, 9 dedicating this easement to the county, and Rob has taken it 10 from there. So, I'm going to leave it up to him to tell you 11 what it's all -- what's going on. 12 MR. HENNEKE: River Road is one of those old 13 County-maintained public roads that crosses over property 14 that's currently owned by the Mary Douthit Trust. And I was 15 contacted by the attorney for the trust. They wanted to 16 formally dedicate the easement to the county so that there 17 would be a recording of it. This is one of those roads 18 that -- which has always been there. So, the easement has 19 been submitted to the Court. Doesn't change anything. It 20 just really cooperates with them for their purposes to then 21 have something recorded that the road there is -- that 22 easement's formally dedicated to the County. 23 COMMISSIONER BALDWIN: The -- the road itself is a 24 county road due to prescription? 25 MR. HENNEKE: Always there, yes, sir. 3-11-13 85 1 COMMISSIONER BALDWIN: That -- where's River Road? 2 COMMISSIONER OEHLER: Hunt, the one that goes down 3 below Canyon Springs. 4 COMMISSIONER BALDWIN: Yeah. 5 COMMISSIONER OEHLER: Comes off 39 with -- well, 6 actually turns off of Canyon Springs, goes across to 1340. 7 COMMISSIONER BALDWIN: That's where Larry and them 8 live. 9 COMMISSIONER MOSER: Mm-hmm. 10 COMMISSIONER BALDWIN: Is there others that -- that 11 need to do this? Or -- 12 MR. HENNEKE: I don't know that they need to do 13 this. There's, I'm sure, many others in the county that have 14 a road in existence that was never formally conveyed. You 15 know, there's no harm in the County accepting the easement 16 and formalizing what's there. 17 COMMISSIONER BALDWIN: But not necessary? 18 MR. HENNEKE: But this is at their request, and I 19 don't see a reason not to do it. 20 COMMISSIONER BALDWIN: Well, me either. I think 21 it's fantastic. I think everybody should do it. 22 COMMISSIONER MOSER: So, the commitment or 23 obligation on the County's part is just cleaning up the -- 24 the ownership of the easement; is that correct? 25 MR. HENNEKE: To their satisfaction. I don't think 3-11-13 86 1 that there's a question -- 2 COMMISSIONER MOSER: Okay. 3 MR. HENNEKE: -- as to the ownership of the 4 easement. 5 COMMISSIONER OEHLER: They think it's a liability 6 issue, actually, for them to own that, even though it's a 7 County-maintained road, and they don't want that sort of 8 thing. That's why. I move approval of the agenda item. 9 COMMISSIONER BALDWIN: Second. 10 JUDGE TINLEY: Motion and second for approval. 11 Question or discussion? All in favor, signify by raising 12 your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: Motion carries. We've got two more 17 agenda items that it looks like are executive session items, 18 so let's go ahead and do the section -- Section 4 and 5 of 19 the agenda. Section 4, payment of the bills. 20 COMMISSIONER OEHLER: I move we pay the bills. 21 COMMISSIONER BALDWIN: I second that emotion. 22 JUDGE TINLEY: Motion made and seconded to pay the 23 bills. Question or discussion? 24 COMMISSIONER BALDWIN: I've got a couple of 25 questions. On Page 3, Custodial and Grounds. That very 3-11-13 87 1 first one, that 500 -- $499 to the Union Church. Is 2 anybody -- is that the roofing thing? Does anybody know? I 3 don't guess I ever get my questions answered in here. 4 COMMISSIONER MOSER: James is here. 5 COMMISSIONER BALDWIN: Oh, James. 6 JUDGE TINLEY: Morning. 7 MR. ROBLES: Which one are you looking at, 8 Custodial and Grounds? 9 COMMISSIONER BALDWIN: The first one under 10 Custodial and Grounds, Foxworth-Galbraith. 11 COMMISSIONER MOSER: What's the number? 12 MR. ROBLES: 499 for Union Church? 13 COMMISSIONER BALDWIN: Yes. 14 MR. ROBLES: I'm not particularly familiar with 15 that one. I could look that up for you. 16 COMMISSIONER BALDWIN: Okay. Drop down about 10 to 17 Brenda Griggs. Repair and maintenance, I guess, 1,500. What 18 would that be? Does anybody know? 19 COMMISSIONER OEHLER: Tim has bought some stuff -- 20 MR. ROBLES: That one, I'd have to get with Joy 21 with. She's the one -- 22 COMMISSIONER LETZ: I think it's Griggs pipe yard. 23 COMMISSIONER OEHLER: That's Griggs pipe, yeah. 24 JUDGE TINLEY: Expansion metal. 25 COMMISSIONER LETZ: Expansion metal. 3-11-13 88 1 JUDGE TINLEY: I can tell you what that's for. 2 COMMISSIONER BALDWIN: Okay. Why don't you just 3 tell us? 4 COMMISSIONER OEHLER: That was for two trough -- 5 the covers over those trough drains in the new show barn. 6 COMMISSIONER BALDWIN: Oh, stock barns -- show 7 barns. 8 COMMISSIONER OEHLER: Yeah. They had -- they were 9 not included in the contract. 10 COMMISSIONER BALDWIN: Okay. Well, that's cool. 11 That's all I'm looking for. 12 COMMISSIONER OEHLER: They built them themselves 13 rather than ordering them. 14 JUDGE TINLEY: Yeah. On very short notice, I might 15 add. 16 COMMISSIONER OEHLER: Very short notice, yeah, 17 about two days. 18 COMMISSIONER BALDWIN: Page 5, under Rabies and 19 Animal Control, the new -- new air conditioner, I'm seeing 20 $6,600. 21 JUDGE TINLEY: Yes. 22 COMMISSIONER BALDWIN: Was that a budgeted item? 23 Or was that -- it just came out of Tim's maintenance budget? 24 MR. ROBLES: Yeah, that came out of contingency. 25 COMMISSIONER LETZ: It was a broken 3-11-13 89 1 air-conditioner. 2 COMMISSIONER OEHLER: It was a replacement. 3 COMMISSIONER BALDWIN: Well, what's throwing me off 4 here a little bit is I see the words "capital outlay," which 5 means to me that it was budgeted in capital outlay. I don't 6 know where. 7 COMMISSIONER OEHLER: They didn't budget this. 8 This was money they took out of capital outlay that was left 9 over, that we had not spent. 10 COMMISSIONER BALDWIN: Okay. All-righty. And then 11 the last one in that line, too. Let's see. We -- obviously, 12 we deal with every -- just about every veterinarian in town, 13 but I don't know who Pedernales Veterinary Clinic is. 14 JUDGE TINLEY: That's over in Gillespie County as 15 you go on 290, just past the Grapetown cutoff as you're 16 leaving town, the tech center and so forth. 17 COMMISSIONER BALDWIN: Do we go out of county 18 looking for veterinarians? 19 JUDGE TINLEY: I've got to assume that we did in 20 that case. 21 COMMISSIONER LETZ: That one's a little bit odd. I 22 don't -- I don't know why we'd be... 23 COMMISSIONER BALDWIN: Page 9, the third one down. 24 Let's see. I think this is Road and Bridge stuff. Yeah, 25 Road and Bridge. Third one down, Hewitt Engineering, $1,500. 3-11-13 90 1 Is that -- would that be part of the drainage study we've 2 asked them to do on Ranchero Road? 3 COMMISSIONER MOSER: I don't think so, 'cause there 4 was another amount for that, 5,700. 5 COMMISSIONER BALDWIN: Oh, it is? 6 COMMISSIONER MOSER: Yeah. That's to do -- the 7 5,700 is to do the study, so I don't know what that one is. 8 COMMISSIONER BALDWIN: And I guess -- I guess my 9 real question -- bottom line question in this thing, have we 10 authorized somebody to do a drainage study on that fire 11 department -- 12 COMMISSIONER LETZ: Yes. 13 COMMISSIONER MOSER: Yes. 14 COMMISSIONER BALDWIN: -- property? 15 COMMISSIONER MOSER: Yes. 16 COMMISSIONER BALDWIN: Are they doing the work? 17 COMMISSIONER MOSER: They're going to start. They 18 haven't done it yet. 19 COMMISSIONER BALDWIN: I see. 20 COMMISSIONER LETZ: But, Buster, on that Hewitt, it 21 could be floodplain-type work, but they're also under 22 contract for subdivision-type stuff now, too. 23 COMMISSIONER BALDWIN: Yeah, okay. 24 COMMISSIONER OEHLER: Could be reimbursed. 25 JUDGE TINLEY: Probably is reimbursed. Floodplain 3-11-13 91 1 or -- or subdivision stuff, there's a requirement -- 2 COMMISSIONER OEHLER: And we authorized him to do 3 the deal on doing the Ingram Dam thing at the last meeting, 4 but that -- he hasn't completed that, I don't think. 5 COMMISSIONER BALDWIN: Page 11. The KCAD payment 6 for some -- for their part of doing the work on Ingram Hills 7 Road District. I thought Ingram Hills Road District was paid 8 off. 9 COMMISSIONER OEHLER: No. 10 COMMISSIONER BALDWIN: It's still going? 11 COMMISSIONER OEHLER: Not anywhere near paid off. 12 COMMISSIONER BALDWIN: Don't get mad. 13 COMMISSIONER OEHLER: I'm not, I'm just telling 14 you. I asked that question a while ago. Had to go way 15 beyond the 15 years they originally thought it would be paid 16 back. 17 COMMISSIONER BALDWIN: I guess that's all. No, 18 I've earmarked here the indigent services. How are we doing 19 down there? We're doing pretty good? "Yes, Commissioner 20 Baldwin, we seem to be moving along forward." 21 JUDGE TINLEY: I'm trying to think. We get a 22 report that's generated relative to the 8 percent general tax 23 levy, and we are very much within -- within -- 24 COMMISSIONER BALDWIN: Within the 8? 25 JUDGE TINLEY: We're a little higher than what we 3-11-13 92 1 have been at this stage -- 2 COMMISSIONER BALDWIN: Yeah. According to these, 3 it looks that way. 4 JUDGE TINLEY: -- in previous years, but we're 5 still totally within -- within our budget. 6 COMMISSIONER BALDWIN: Yeah. This total for 7 indigent costs is 20 grand. Now, is that -- is that a period 8 -- a certain period of time, or is that one month? 9 COMMISSIONER OEHLER: I think it's for the month. 10 JUDGE TINLEY: That's just for those months -- for 11 that particular bunch of bills there, but it'll vary from 12 month to month. 13 COMMISSIONER BALDWIN: Well, now, the reason I 14 asked, 20 grand is a little bit higher than what we'd been 15 doing the last -- 16 JUDGE TINLEY: It is. 17 COMMISSIONER BALDWIN: -- few years, actually. 18 JUDGE TINLEY: Yeah, it's higher than our 19 monthly -- normal monthly amount. 20 COMMISSIONER LETZ: Does this number, the 130311, 21 does that tie it to a case? James? 22 MR. ROBLES: Are you talking about the prescription 23 drugs? 24 COMMISSIONER LETZ: No, all the way down. The 25 first one says, you know, hospital inpatient; it says 130311, 3-11-13 93 1 eligible expense. And that same number's used several times. 2 I'm wondering if it's going to -- it may be that it's one 3 case that there's a pretty large expenditure on. 4 MR. ROBLES: It could be. 5 COMMISSIONER OEHLER: It's either one case or 6 different cases that are having the same test done. It's 7 coded that way. 8 COMMISSIONER LETZ: They're all the same number, 9 all but one. 10 MS. LANTZ: It's related to a client. 11 COMMISSIONER LETZ: Related to one client? 12 MS. LANTZ: Mm-hmm. 13 COMMISSIONER LETZ: That's what I thought. That's 14 why it's a larger one. 15 COMMISSIONER BALDWIN: It sure is. Some kind of 16 cancer issue, maybe. 17 COMMISSIONER LETZ: I don't know about that. 18 COMMISSIONER BALDWIN: Okay. Well, I thank you. 19 JUDGE TINLEY: I believe we do have a motion and a 20 second? 21 THE CLERK: Mm-hmm. 22 JUDGE TINLEY: Any other question or comments? All 23 in favor, signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 3-11-13 94 1 (No response.) 2 JUDGE TINLEY: Motion carried. 3 COMMISSIONER BALDWIN: You did good. 4 JUDGE TINLEY: Budget amendments. Don't run off. 5 We've got a budget amendment request summary, Numbers 1 6 through 7. Any question on any of those? Hearing no 7 questions, do I hear a motion to approve the budget 8 amendments -- 9 COMMISSIONER BALDWIN: So moved. 10 JUDGE TINLEY: -- as set forth under the summary, 11 Items 1 through 7? 12 COMMISSIONER LETZ: Wait, wait, wait. I have a 13 question. 14 JUDGE TINLEY: Okay. 15 COMMISSIONER LETZ: Question to James. 16 MR. ROBLES: Yes, sir? 17 COMMISSIONER LETZ: On that first one with the -- 18 or the second one. The funds would -- this goes to Buster's 19 question about the air-conditioner, I think. The money came 20 out of contingency into the capital outlay. That's where 21 we're transferring -- this is the actual transfer of those 22 funds for that item. And is that contingency in our annual 23 budget, or is that contingency in the capital account? 24 MR. ROBLES: Probably be in the annual budget. I 25 have to doublecheck on that for you. 3-11-13 95 1 COMMISSIONER LETZ: I would say it would -- oh, it 2 says Fund 10, so I would think so. Okay, that's all that I 3 had. 4 JUDGE TINLEY: Okay. 5 COMMISSIONER LETZ: Do you have a motion? 6 JUDGE TINLEY: I was awaiting a motion. 7 THE CLERK: I have a motion, no second. 8 COMMISSIONER LETZ: Second. 9 JUDGE TINLEY: Oh, you do? Okay. I have a motion 10 and a second. Further question or discussion? All in favor, 11 signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: Motion carries. Doesn't look like 16 we got any late bills. 17 MR. ROBLES: No, sir. 18 JUDGE TINLEY: I've been presented with monthly 19 reports for February 2013 from Kerr County payroll; County 20 Clerk; Constable, Precinct 1; Constable, Precinct 4; Justice 21 of the Peace, Precinct 3; and Environmental Health 22 Department; Animal Control; District Clerk; and Justice of 23 the Peace, Precinct 2. Do I hear a motion that the indicated 24 reports be approved as presented? 25 COMMISSIONER BALDWIN: So moved. 3-11-13 96 1 COMMISSIONER OEHLER: Second. 2 JUDGE TINLEY: Motion made and seconded that the 3 indicated reports be approved as presented. Question or 4 discussion? All in favor, signify by raising your right 5 hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: Motion carries. Let's go to Section 10 5, reports from Commissioners in connection with their 11 liaison or committee assignments. Commissioner Moser? 12 COMMISSIONER MOSER: Let's see. A couple of things 13 that are in work out at the airport. There's been a group 14 looking at T-hangars, and that will be taken to the Airport 15 Board, I think, next week, and then come forward to the 16 Court. And it'll be an investment that will be very small of 17 the City and the County, but it'll show a big return; I think 18 payout in probably a couple of years is what that will amount 19 to, but details will be provided. On fire and EMS, I have 20 read the emergency management plan. There's some 21 deficiencies in the emergency management plan. I've talked 22 with the Judge about it; I've talked with the Mayor and City 23 Manager. And so that emergency management plan is being 24 updated; it's just being tweaked. It's a darned good plan, 25 okay, covers a lot of things, but there's some things that 3-11-13 97 1 need to be updated in that, so that'll be coming forth 2 shortly also. And then the Library Board, the library -- 3 Commissioner Letz and I met with the City and some of the 4 folks there last week, and looking at some long-range plans 5 on that, and that'll be coming forward. So, several things 6 in work; nothing to present yet. That's it. 7 JUDGE TINLEY: Commissioner Letz? 8 COMMISSIONER LETZ: Nothing that wasn't already 9 addressed. 10 JUDGE TINLEY: Commissioner Oehler? 11 COMMISSIONER OEHLER: Things are being run pretty 12 well at the Animal Control. Looks like they've cleaned up a 13 lot of things. They're doing -- it's kind of -- kind of 14 revamping and starting, and I think things are working very 15 well. Charity's doing a really fine job, and very energetic, 16 and just some things that needed to happen out there. And I 17 believe Janie's resignation is going to become final on 18 Wednesday, which will be the 13th. 19 JUDGE TINLEY: Okay. Anything else? 20 COMMISSIONER OEHLER: That's it. 21 JUDGE TINLEY: Commissioner Baldwin? 22 COMMISSIONER BALDWIN: Yes, sir. The Historical 23 Commission lady was in here this last week, and this -- y'all 24 had asked them to tell me -- give me updates, and I'll give 25 y'all updates. And the only update we have is their 3-11-13 98 1 fundraising at the Union Church has significant progress. 2 Got it? That was it. That's all, thank you. 3 JUDGE TINLEY: Thank you. Reports from elected 4 officials or department heads? Sheriff? 5 SHERIFF HIERHOLZER: Just an update on jail status, 6 and a little bit of follow-up on it. Right now, we are back 7 up to 142, 30 of those being females, out of 32 female beds. 8 And I think we are headed down a long road. We're going to 9 have to take action, because I have, since about October, 10 converted 16 male beds to help with this female. But now, 11 being that the population's back up, now I'm having a hard 12 time dealing with the male classification. There is a bill 13 that was filed last week, as Judge Tinley's aware, Senate 14 Bill 1111, which is just -- which addresses the redistricting 15 of the 198th Court. I think there's got to be a follow-up 16 deal to help with the 216th. I've heard an amendment or 17 something will be filed. But if that does occur -- and I've 18 heard good things about it, that it could even be on the 19 consent docket -- it will change the 198th to just Kerr and 20 Bandera Counties, which will over double, probably, our court 21 days, which could drastically help our jail situation. Plus 22 the 216th would only be made up of three counties instead of 23 four, which could also help our jail situation some there. 24 But I am concerned about our female population in 25 that jail. And I don't -- this was even after Friday's court 3-11-13 99 1 took 15 different individual pleas from different people. 2 So, we're -- we're moving people, but the female population 3 is continuing to -- to rise, and I'm afraid it's going to 4 continue. So, I think that the Court does -- and not 5 anything to do with the Ag Barn. I want it very well 6 understood that after being -- working for this county for 7 the last 30 years, and being Sheriff for almost 13 now, I 8 will be one of your biggest supporters for that Ag Barn, 9 'cause of what it can do for our kids. And seeing the 10 effects of it and the condition of it over the last 30 years 11 I've even been with the Sheriff's Office, I think there's 12 been plenty of studies and all that kind of stuff sitting in 13 this court listening to them over the last 20 years. It's 14 time, and it's desperately needed. But I -- but we do need 15 to seriously start looking at something with that jail for 16 the female population, and we're going to have to be 17 spending -- 18 COMMISSIONER BALDWIN: Rusty, I want to make a 19 comment about that. This -- obviously, this issue that you 20 bring in here almost every meeting is a reality, and I 21 personally don't think that we need to stick our head in the 22 sand about it. We got to do something, and not -- what that 23 something is, I think, is -- we get down to prioritizing 24 issues. But I'm one of these guys that I don't want the bad 25 guys running around the streets with my family. I want them 3-11-13 100 1 in jail, locked up where they can't hurt anybody. Now, I 2 don't know -- I'm not sure where to start, other than you 3 bringing some options in here, which would include 4 out-of-county housing, as well as -- whatever happened to 5 that deal, we drove -- we drove to somewhere and looked at 6 those -- I'm going to call them an outhouse. The -- the 7 facility that was kind of -- 8 SHERIFF HIERHOLZER: Bastrop. 9 COMMISSIONER BALDWIN: Bastrop. Separate and 10 outside. That was the most simple thing. I don't know why 11 we didn't do that or what the problem was. But those kind of 12 things, we need to go back and rethink this and relook at it. 13 And -- 14 SHERIFF HIERHOLZER: Okay. 15 COMMISSIONER BALDWIN: Because it's obvious to me 16 that this is not going to go away. 17 SHERIFF HIERHOLZER: It isn't. 18 COMMISSIONER BALDWIN: We can't -- we can't leave 19 those -- we can't leave bad people out on the streets. 20 SHERIFF HIERHOLZER: It isn't going to go away. 21 The Bastrop option we all thought was a good option and a 22 less expensive option, but when it got to looking at it, the 23 Bastrop option was only approved for minimum security 24 inmates, okay? It will not help us. We are not housing that 25 many minimum security inmates. Ours are medium or up to 3-11-13 101 1 medium-max. Now, if we could build a medium type facility, a 2 medium can house either medium, minimums, or medium-max. 3 Gives you more options with the housing for the future. But 4 that type of portable buildings are not meant for anything 5 but minimum security inmates, and it will not assist us. 6 Now, Mr. Gondeck brought some plans for the Court and some 7 ideas, you know, on what we could do. We haven't taken 8 anything into action with any of those plans. I think it is 9 something the Court needs to look at. I don't know -- the 10 out-of-county housing, to me, as Sheriff, Buster -- and this 11 is my personal opinion -- I would hate to see that option 12 done. Number one, because of the travel and the expense and 13 the risk and the safety of constantly having to haul inmates. 14 COMMISSIONER BALDWIN: Well, I agree with you. I 15 don't like it either. 16 SHERIFF HIERHOLZER: I don't think that's a -- 17 COMMISSIONER BALDWIN: But it needs to be talked 18 about. 19 SHERIFF HIERHOLZER: I don't think it's a long-term 20 solution. 21 COMMISSIONER BALDWIN: Oh, I agree. 22 SHERIFF HIERHOLZER: I think the only long-term 23 solution that you're going to have is to add onto the current 24 facility. That's why the County bought the acreage they've 25 got there, and they have the room to do it. But I think 3-11-13 102 1 we're going -- and I think we're going to have to add onto 2 it, possibly remodel some areas inside the current one, which 3 will help with that addition. But the primary goal is add on 4 to -- to the male beds. If we can add on female beds, even 5 if you add another wing down the side, okay, for a whole 6 extra wing of where you could get up to -- right now, 32 7 females is what we have. If we could get up to 64 females, 8 and then -- 64 new female beds down -- down the far hall, or 9 down the far -- 10 COMMISSIONER OEHLER: You mean 32, not 64. 11 SHERIFF HIERHOLZER: No, what I'm looking at is 64 12 new, converting the current 32 females to males, okay? Then 13 you have a long-term solution. Some of that could be 14 changed. It could be 32, depending on what this Senate Bill 15 does. And if the redistricting gets approved and we double 16 our court days, okay, then I think a lot of that could -- 17 could help, and we could possibly get by with 32. The thing 18 is, between now and September, if that's -- you know, if that 19 bill does pass, and then time after that for it to all get 20 reorganized, I think at that point, going through the summer, 21 I very well may have to house out of county, okay? Which 22 currently is going to be a trick, because Gillespie County's 23 isn't built out yet. You're talking Comanche. You're 24 talking a long-term -- you know, but I don't know what that 25 bill's -- you know, what the redistricting is going to do. 3-11-13 103 1 That's my only light at the end of the tunnel to help with 2 some things. But it's not going to cure the female problem. 3 COMMISSIONER LETZ: Well, how many beds does 4 Bandera have, female? 5 SHERIFF HIERHOLZER: Bandera has -- I think they 6 built 96 beds in that total facility. That's what it was, 7 okay, at the time. They're changing sheriffs, so it's 8 changing a lot of things over there. You know, Boerne -- I 9 mean, as you get more active law enforcement, you get more 10 stuff, you're going to have more. The redistricting could 11 also affect their county. 12 COMMISSIONER MOSER: What's the new jail in 13 Gillespie County? 14 SHERIFF HIERHOLZER: I heard 64, was what I had 15 heard is what they were looking at. Which will not help us, 16 if that's all. 17 COMMISSIONER MOSER: I agree with Buster. There's 18 lots of variables here, and multiple options that need to be 19 put on the table. 20 SHERIFF HIERHOLZER: Well, I'll be honest. You 21 know, I bring it back to this Court because -- and not to 22 upset anyone, but the law requires, okay, the Sheriff to 23 safely keep and house anybody committed to his custody. When 24 -- when it gets to the point, as some federal courts have -- 25 have ruled, and the overcrowding and the crowding issues, as 3-11-13 104 1 long as the Sheriff has done their part by bringing it back 2 to the Court and asking for a solution, then every bit of 3 liability falls back on the Commissioners Court of that 4 county for not taking action. So, you're more than welcome, 5 gentlemen. (Laughter.) 6 COMMISSIONER OEHLER: You're dropping it in our 7 lap. 8 COMMISSIONER BALDWIN: It's nice chatting with you. 9 SHERIFF HIERHOLZER: Yes, it's very exciting 10 chatting with you. 11 COMMISSIONER BALDWIN: Have a nice day. 12 SHERIFF HIERHOLZER: But, seriously, it's something 13 we need to look at. 14 COMMISSIONER LETZ: No question, we need a 15 long-term solution. It's just we -- it's just how long we 16 can kick it down the road. 17 SHERIFF HIERHOLZER: As y'all know, I've been 18 coming back, and it just keeps going. We get a little relief 19 for a little bit, then we're right back where we were, and I 20 just -- I don't know what to do any more. 21 JUDGE TINLEY: Sheriff, if I call upon you again in 22 a Commissioners Court meeting, remind me that I shouldn't do 23 that any more. (Laughter.) 24 SHERIFF HIERHOLZER: Yes, sir. 25 MR. HENNEKE: Thank you. First, just -- I don't 3-11-13 105 1 know if I should, but I guess I will anyway. I want to thank 2 Rusty for his bailiffs' work after hours helping the mock 3 trial team out. Tivy Mock Trial team competed at state last 4 weekend and did very well, but Charlie and Scott, you know, 5 they let the kids in. They don't stay here during practice; 6 I supervise them, but when the parents come for dress 7 rehearsal, they sometimes stay a little late. They're great 8 working with kids. I appreciate that. The other thing I 9 just wanted to raise is we had a catastrophic failure of the 10 network last Tuesday. The rumor that I heard is that during 11 lunchtime, there was going to be a change-over from one 12 server to the next. But we had a courtroom full of afternoon 13 pretrial docket, 50-some people, plus their lawyers, plus my 14 staff, plus the court staff. And, you know, the whole -- 15 computers went down. 16 Of course, because we've got internet-based phones, 17 all the phones in the courthouse went down. You know, we had 18 to cancel -- reset the entire docket. And then by Thursday, 19 we were still having problems with the phones. So, I 20 e-mailed John after that and said, "Why don't -- once you get 21 things back up and running, I'd really like to know what 22 happened and what steps are in place to make sure that this 23 doesn't happen again." And I haven't received any response 24 from him. But, specifically, if we're doing any kind of, you 25 know, maintenance or upgrade work, that could be done after 3-11-13 106 1 hours, or could be done on a weekend. I know that I.T., 2 other places that I've worked, does that stuff a lot of times 3 in -- in off-peak time hours, just in case something goes 4 wrong; that I would really encourage that. And I hope that 5 whatever happened this last week we've got a handle on so it 6 doesn't again, 'cause the courthouse was basically shut down 7 for all of Tuesday afternoon, and not just my office. I 8 mean, every office in the county was without phones or 9 internet or computers. So, I just wanted to let y'all know 10 that. Thank you. 11 JUDGE TINLEY: Okay. At this time, the Court will 12 go out of open or public session at 11:38 for purposes of 13 going into executive session to consider a couple of items. 14 (The open session was closed at 11:38 a.m., and an executive session was held, the transcript of which 15 is contained in a separate document.) 16 - - - - - - - - - - 17 JUDGE TINLEY: Any member of the Court have 18 anything to offer with regard to matters considered in -- 19 excuse me. Let's come back in to open or public session at 20 12:10. Any member of the Court have anything to offer with 21 regard to matters considered in closed or executive session? 22 Okay. Any other matters to come before the Court on this 23 agenda? 24 COMMISSIONER MOSER: Let me bring up one thing that 25 I should have brought up under parks. Rob and myself and Ray 3-11-13 107 1 Garcia and -- and Len Odom did -- I think last -- at our last 2 Commissioners Court meeting, it was mentioned as we started 3 that there was a fire down at Flat Rock Park. That thing 4 burned for over a week. I think what caused it was some 5 mulch that I think just probably self-ignited, which it does 6 frequently when a norther comes through. Took them a week to 7 get that thing put out. There's going to be an issue with 8 burning down there in the future. I think that Len has got 9 the authorization from T.C.E.Q. to burn every quarter or so. 10 But the proximity -- 11 COMMISSIONER OEHLER: Three times a year. 12 COMMISSIONER MOSER: Three times a year. The 13 proximity to some homes down there has created a problem with 14 some of the neighbors. I mean, a real problem with one lady 15 that's got a health issue, so we're looking at some options 16 on how not to have to burn down there. I think there's 17 probably some pretty good options that may appear where 18 somebody will come in, haul off the mulch for "X" number of 19 dollars per time. It's probably going to be cost-effective. 20 So, just to say that that's in work. So, we've got to do 21 some long-term -- 22 COMMISSIONER OEHLER: Actually started from a pile 23 they burned a month ago close by. The wind caught it, 24 rekindled the coals, and the fire blew sparks over there, is 25 what caught it on fire. 3-11-13 108 1 COMMISSIONER MOSER: Yeah. 2 COMMISSIONER OEHLER: They were lucky only half of 3 it caught on fire. They got the other half separated, and 4 now it's all part of the field. That whole east end of the 5 park has been -- they did -- scorified that with the rippers. 6 COMMISSIONER MOSER: So, burning, intentional or 7 accidental, is an issue. 8 COMMISSIONER OEHLER: It was accidental. 9 COMMISSIONER MOSER: No, I said but in the future. 10 COMMISSIONER OEHLER: Yeah. That's Leonard's -- 11 JUDGE TINLEY: Len's tater farm. 12 COMMISSIONER OEHLER: Yeah. That thing has got no 13 telling how many truckloads of chips that were plowed into 14 that whole field from one end to the other. 15 JUDGE TINLEY: 26 acres worth. 16 COMMISSIONER OEHLER: Yeah. 17 COMMISSIONER LETZ: Now we're going to hear from -- 18 COMMISSIONER OEHLER: No, it's on the flat -- 19 COMMISSIONER LETZ: No, it's the wildflower -- 20 what's that lady's name? 21 COMMISSIONER OEHLER: Oh, did they plant some 22 wildflowers? 23 COMMISSIONER LETZ: They have to. It's just -- 24 COMMISSIONER OEHLER: Surely it will come back. 25 COMMISSIONER LETZ: -- going to a landscape issue, 3-11-13 109 1 it's not a real good thing to do. 2 JUDGE TINLEY: Okay. Anything else to come before 3 the Court on this agenda? We're adjourned. 4 (Commissioners Court adjourned at 12:13 p.m.) 5 - - - - - - - - - - 6 7 STATE OF TEXAS | 8 COUNTY OF KERR | 9 The above and foregoing is a true and complete 10 transcription of my stenotype notes taken in my capacity as 11 official reporter for the Commissioners Court of Kerr County, 12 Texas, at the time and place heretofore set forth. 13 DATED at Kerrville, Texas, this 14th day of March, 2013. 14 15 JANNETT PIEPER, Kerr County Clerk 16 BY: _________________________________ Kathy Banik, Deputy County Clerk 17 Certified Shorthand Reporter 18 19 20 21 22 23 24 25 3-11-13