1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, March 25, 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 25, 2013 2 PAGE 3 --- Commissioners' Comments 5 4 1.1 Public Hearing regarding revision of plat for Lots 11 and 12 of Whiskey Ridge Ranches, Pct. 3 9 5 1.2 Update on Kerr County First Responders program 9 6 1.3 Consider/discuss, take appropriate action for 7 final approval regarding revision of plat for Lots 11 and 12 of Whiskey Ridge Ranches, Pct. 3 17 8 1.4 Consider/discuss, take appropriate action to 9 open, read, and award annual bids for road base, cold mix, aggregate, emulsion oil, and corrugated 10 metal pipe 21, 52 11 1.5 Consider/discuss, take appropriate action regarding Maintenance Department placing portable 12 toilets at Lions Park and Flat Rock Park 23 13 1.10 Consider/discuss, take appropriate action on request from Kerr County Roller Derby to use 14 Show Barn for practicing and possible event 32 15 1.11 Consider/discuss, take appropriate action regarding construction of T-Hangars at the 16 airport 37 17 1.14 Consider/discuss, take appropriate action to approve proclamation to declare May 2, 2013 18 “National Day of Prayer” 54 19 1.6 Consider/discuss, take appropriate action on request from the Child Services Board to use a 20 portion of courthouse square for display during month of April for Child Abuse Awareness Month 56 21 1.7 Consider/discuss, take appropriate action on 22 implementation of the burn ban 58 23 1.8 Consider/discuss, take appropriate action to restructure Court Compliance department and 24 reallocate and/or reassign personnel in that department 63 25 3 1 I N D E X (Continued) March 25, 2013 2 PAGE 1.9 Consider/discuss, take appropriate action on 3 adding a wall in main office at Animal Control for security reasons, as well as safety of the 4 public and staff 89 5 1.12 Consider/discuss, take appropriate action to surplus five vehicles to be used as trade-in 6 material on four new Tahoes 94 7 1.13 Consider/discuss, take appropriate action regarding purchase of four 2013 Chevrolet Tahoes 97 8 1.15 Consider/discuss, take appropriate action to 9 approve lease agreement for Xerox copier in the Tax Assessor/Collector’s office, allow Judge to 10 sign the contract 101 11 1.16 Consider/discuss, take appropriate action to sponsor a Weight Watchers at Work program for 12 Kerr County employees 102 13 1.17 Consider/discuss, take appropriate action regarding starting salary for new employee in 14 County Clerk’s Office that is transferring from another Kerr County department 106 15 1.18 Consider/discuss, take appropriate action 16 regarding starting salary for new employee in District Clerk’s Office that is transferring 17 from another Kerr County Department 107 18 4.1 Pay Bills 111 4.2 Budget Amendments 111 19 4.3 Late Bills 119 4.4 Approve and Accept Monthly Reports 120 20 5.1 Reports from Commissioners/Liaison Committee 21 Assignments 121 5.2 Reports from Elected Officials/Department Heads 122 22 --- Adjourned 132 23 24 25 4 1 On Monday, March 25, 2013, at 9:00 a.m., a special 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 regular meeting of the Kerr County 9 Commissioners Court posted and scheduled for this date and 10 time, Monday, March 25th, 2013, at 9 a.m. It is that time 11 now. Commissioner Letz? 12 COMMISSIONER LETZ: Yes. Would everyone please 13 stand for a moment of prayer, followed by the pledge. 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 But if we get to an agenda item and you wish to be heard, and 23 you haven't filled out a participation form, that's fine too. 24 Just get my attention and -- and I'll see that you have that 25 opportunity to be heard. But right now, if there's any 3-25-13 5 1 member of 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 Letz, what do you have for us this morning? 6 COMMISSIONER LETZ: Just a couple of things. 7 First, I'd like to thank Road and Bridge Department for 8 getting over to Little League fields in Kerrville and blading 9 off the roads on county property right there. Appreciate 10 that. Also like to thank the Sheriff on Little League. 11 Bobby Johnson's been over there cleaning things up, and Tim's 12 over there on occasion cleaning things up as needed. I'd 13 like to thank all those departments for working with helping 14 maintain our Little League fields. And while I'm on Little 15 League, great time of year. Little League's being kicked off 16 all over the county. I think Kerrville started on Saturday. 17 Ingram's -- I know it started; I'm not sure what their date 18 was. I think Center Point's first games are today, 'cause I 19 know I'm playing in Center Point today. 20 COMMISSIONER MOSER: You're playing? 21 COMMISSIONER LETZ: Well, Gus is playing a T-ball 22 game; I'll be coaching. 23 JUDGE TINLEY: He'd better be there. 24 COMMISSIONER LETZ: Just a great time of year. 25 Baseball's everywhere. I couldn't be happier. That's it. 3-25-13 6 1 COMMISSIONER MOSER: Can I ask a question on that? 2 It looked like there were probably 500 people out there at 3 the Little League field when I drove past. 4 COMMISSIONER LETZ: Probably more than that. 5 COMMISSIONER MOSER: Yeah. I mean, it was packed. 6 COMMISSIONER LETZ: It was opening day. I -- 7 unfortunately, I was not there, 'cause I was in San Marcos -- 8 COMMISSIONER MOSER: Oh. 9 COMMISSIONER LETZ: -- at a different tournament 10 there. Sam missed his game in Kerrville on account of 11 splitting time between two leagues right now. But there was 12 a -- I see Tracy there. I imagine -- I imagine there was 13 close to 1,000 people out there on Saturday. I know it was 14 their opening day. Big day. 15 MS. SOLDAN: We had 500 kids playing, so multiply 16 that by how many family members. 17 COMMISSIONER LETZ: Okay. It was a big day. 18 COMMISSIONER OEHLER: Mm-hmm. 19 COMMISSIONER LETZ: That's it. 20 JUDGE TINLEY: Commissioner Oehler? 21 COMMISSIONER OEHLER: Well, there was a 22 monumental -- another event over the weekend, Sweet Potato 23 Queen parade. That was quite an event. You know, it's -- 24 that's a deal that was started, I think, either in Louisiana 25 or Mississippi for ladies that never were queen of anything. 3-25-13 7 1 They formed their own society, and they dress up in green 2 sequins and hats, and they look -- it's kind of a ridiculous 3 thing, but it's -- they have a lot of fun doing it, and we 4 get a lot of fun out of watching it. On another note, I 5 believe that they're finally about to start the new bridge on 6 Cade Loop and start the road construction on Highway 39, 7 putting the turn lane in and widening the bridge over Johnson 8 Creek. There are signs that there may be progress there. 9 About a month and a half late starting, but contractor's on a 10 deadline, and I imagine he'll get it done. That's it. 11 JUDGE TINLEY: Okay, thank you. Commissioner 12 Baldwin? 13 COMMISSIONER BALDWIN: No, I don't have anything, 14 except I want to comment on the Sweet Potatoes. That has to 15 be an offshoot of the hysterical society out there. You 16 know, you drive through Hunt, and things are totally 17 different from anyplace on earth, and people changing names 18 out there, all kind of weird stuff going on. But that's all. 19 We have a big agenda, and I'm ready for it. 20 JUDGE TINLEY: Commissioner Moser? 21 COMMISSIONER MOSER: I want to -- to recognize Road 22 and Bridge for the work they've done out at the airport, and 23 Steve King is here. But -- I don't think you can see this, 24 but Len Odom and the guys -- the folks out there put in a 25 ditch that was supposed to cost $200,000. I think it will 3-25-13 8 1 end up costing the City and the County maybe for the 2 culverts, and I think that that's -- you'll see that in the 3 budget for the -- for the airport. It's there, so no 4 additional money. That's -- that's the only expense. You 5 took time to do it. The County's doing part of the dirt 6 work. City's going to do the paving work. So, if you go 7 past the thing, it looks like a piece of art the way they've 8 done it. It's -- it's really good. 9 The other thing I'd like to mention is on the 10 status of things. This is -- hold that up for me? The green 11 lines that you can see on there, this is -- this is Center 12 Point. Comfort's down here. North is this way. All those 13 green lines are sewer lines, okay? We started the surveying 14 and archeological assessment last week, okay. That is 15 ongoing. It's on schedule. That goes from -- that's 27 16 miles of sewer lines. Everybody in there will be potentially 17 connected within -- within Center Point, all the way out to 18 Verde Creek to the -- to the south, and north side of Highway 19 27 and, you know, taking it out to Stoneleigh Road. So, this 20 thing has been a long time coming about, thanks to Bill 21 Williams starting this, and Jonathan worked on it for a long 22 time. So, I think we're rolling. That's it. 23 JUDGE TINLEY: Thank you. Thank you. Let's get on 24 with our agenda. At this time, I will recess the 25 Commissioners Court meeting and I'll convene a public hearing 3-25-13 9 1 regarding the revision of plat for Lots 11 and 12 of Whiskey 2 Ridge Ranches, as set forth in Volume 6, Page 229, and 3 located in Precinct 3. 4 (The regular Commissioners Court meeting was closed at 9:09 a.m., and a public hearing was held in open 5 court, as follows:) 6 P U B L I C H E A R I N G 7 JUDGE TINLEY: Is there any member of the public or 8 audience that wishes to be heard with regard to the revision 9 of plat for Lots 11 and 12 of Whiskey Ridge Ranches as set 10 forth in Volume 6, Page 229, and located in Precinct 3? 11 Seeing no one seeking to be heard, I will close the public 12 hearing regarding the revision of plat for Lots 11 and 12 of 13 Whiskey Ridge Ranches, as set forth in Volume 6, Page 229, 14 located in Precinct 3, and I will reconvene the Commissioners 15 Court meeting. 16 (The public hearing was concluded at 9:09 a.m., and the regular Commissioners Court meeting was 17 reopened.) 18 - - - - - - - - - - 19 JUDGE TINLEY: Go to item 2, update on the Kerr 20 County First Responders program. Commissioner Baldwin? 21 COMMISSIONER BALDWIN: Thank you, sir. Eric 22 Maloney, of course, is our -- our First Responder guru, and 23 he's come in today to give us an update and tell us what's 24 been going on in the last year. Eric? 25 MR. MALONEY: Commissioners, Judge, thank you for 3-25-13 10 1 having me back. I'll talk a little bit about the Kerr County 2 First Responder program. My name, as y'all probably know, is 3 Eric Maloney; I'm the EMS Coordinator for the Kerrville Fire 4 Department, and also the EMS Administrator for the Kerr 5 County First Responder program. The First Responder program, 6 I'll give y'all a brief outline, where we've been, some of 7 the budget items from there, and talk a little bit about some 8 of our future plans in regards to the program. The Kerr 9 County First Responders is comprised of 38 total members; 18 10 are non Kerrville Fire Department members, 20 are Kerrville 11 Fire Department members. There are 17 paramedics in the 12 program, and currently, equipment-wise, which has been a huge 13 change, we have 34 AED's in the program and 35 portable 14 digital radios due to some -- some budgeting we did at the 15 end of last fiscal year, and we got some significant savings, 16 which is real exciting to get that. 17 All of these are volunteers. They volunteer their 18 time to respond to emergency calls within the county, getting 19 there prior to EMS arrival, and they do provide medical 20 treatment on scene, relay critical information back to the 21 ambulance so that we can make some decisions in regards to 22 patient care. We have regular meetings. We meet bimonthly 23 for dinner and discussions, typically the first Monday of the 24 even month. We've been off for about the last four or five 25 months, but we're going to get back on track here in April. 3-25-13 11 1 We require continuing education. They are required to do 2 online continuing education using an eGenesis program, and 3 that meets the Department of State Health Services 4 requirements for each individual. 5 The improvements that we did last year, at the end 6 of the fiscal year, we purchased 13 portable digital radios 7 at the end of the fiscal year, and that allowed us to really 8 increase that to 35, so we're almost completely digital in 9 regards to the portable radios. We had some significant 10 savings opportunity through Advantage Communications locally, 11 and I don't have them in front of me, but I believe it was 12 $200 or $300 per radio, which was a pretty huge opportunity 13 there. The fiscal year '13 budget that we're currently in, 14 we are budgeting to purchase two AED's, automated external 15 defibrillators, three more portable radios, and 10 mobile 16 radios have been loaned by the City of Kerrville Fire 17 Department that are no longer in use, and going to attempt to 18 get them in some critical vehicles out in the far reaches of 19 west Kerr County. We're also working toward a mileage 20 stipend which was approved by the Commissioners Court, and 21 we're working toward more of a formal process, which we'll 22 talk a little bit about at the end of my outline here. 23 The First Responders -- the cost for First 24 Responders and the program costs about $2,000 per responder. 25 That includes medical equipment, a portable radio, a jacket 3-25-13 12 1 to be identified on scene. That does not include an AED, 2 which can run up to about $2,000 to $2,200 per AED. So, a 3 First Responder to be fully equipped runs a little over 4 $4,000. Future plans that we're working on, we want to 5 improve our on-scene identification. We want to work toward 6 getting some sort of high-visibility jackets or pullovers, 7 some sort of hat, something that makes them identifiable. 8 Obviously, with the fire department, we respond wearing -- 9 well, I'm a little formal today, but we are in our polos; 10 easy to identify who's responding there. Individuals in the 11 volunteer program will respond in their personal vehicle. 12 They're dressed in just kind of their everyday wear, or 13 coming from their place of business if -- if they are 14 allowed. So we're trying to get some -- some kind of 15 visibility on them so when they show up on scene, the 16 citizens of Kerr County kind of recognize who they are. That 17 also not only helps out, but it does help law enforcement 18 also to see who's parking back behind a scene for that. So, 19 we are working toward that. 20 We're working toward the all-digital frequencies, 21 January 2015, and we are real close to completing that 22 program for the current First Responders that we have. So, 23 we need three more, and we can finish our current First 24 Responders, so that's very exciting. The last two years, 25 we've purchased a significant amount due to some savings -- 3-25-13 13 1 actually, the last three fiscal years. The other plan that 2 we're working on -- and I'll defer some of this to 3 Commissioner Baldwin -- is that we're working toward a formal 4 application process. Currently, this process will allow a 5 First Responder or potential First Responder to apply with 6 Kerr County. Once cleared and approved through Kerr County, 7 then they would actually be handed back to myself on the 8 program, and thus all it requires is the Medical Director's 9 authorization, and then they could respond as a First 10 Responder, and that would actually -- that's pretty much our 11 program. I'll take any questions, I guess, before we talk 12 about that. 13 COMMISSIONER MOSER: I've got a couple questions, 14 if I may. How many -- how many total First Responders did 15 you say outside the city? 16 MR. MALONEY: We have -- we have 38 total members 17 in the First Responder program. 18 COMMISSIONER MOSER: And that's both within the 19 city limits and outside? Or is that -- 20 MR. MALONEY: That -- that's outside. 21 COMMISSIONER MOSER: Outside. 22 MR. MALONEY: That's your program. 23 COMMISSIONER MOSER: And how many -- how many 24 AED's? 25 MR. MALONEY: We have 34 AED's. 3-25-13 14 1 COMMISSIONER MOSER: 34. 2 MR. MALONEY: There are four shy. 3 COMMISSIONER MOSER: And do you have -- are there 4 people wanting to be First Responders that have not been 5 accepted into the program? 6 MR. MALONEY: Correct. Currently, I have probably 7 about five individuals on a waiting list -- 8 COMMISSIONER MOSER: Okay. 9 MR. MALONEY: -- to get in the program. And that's 10 without advertising. 11 COMMISSIONER MOSER: Okay. 12 COMMISSIONER BALDWIN: There's one young man in the 13 back of the room today. 14 MR. MALONEY: Yes, sir. 15 COMMISSIONER MOSER: Okay. That's -- 16 COMMISSIONER BALDWIN: He's here to try to get in. 17 MR. MALONEY: And when we talk about the -- the 18 numbers of 38, that -- although that may sound like a lot, 19 remember, it's a volunteer program. Therefore, it does 20 require an individual to volunteer their time and respond. 21 Those who work in town or out of town may not be available to 22 respond to calls, so you really want an increase in numbers 23 per zone, and then you get better availability or better 24 opportunity for them to respond at that point. 25 JUDGE TINLEY: The zones that you're trying to 3-25-13 15 1 control where you have adequate numbers in, how -- how is 2 that working now? Where are you with respect to your target 3 for the number of First Responders in each particular zone? 4 MR. MALONEY: We're low in a few zones; 5 specifically, Kerrville South is one of those. Just -- just 6 low as far as on the responders, and also to the north, so we 7 don't have as many in those two zones as we would like. We 8 probably have two or three, but once again, that means 9 availability, so if they're not there or not available -- so 10 we'd like to see probably five to six per zone would be good. 11 And then when we talk about Zone 5, of course, that's got a 12 pretty big footprint, so -- so you need some more there, 13 because although you may be a responder in Mountain Home, 14 that doesn't make it easy to get to Hunt, so we need more 15 individuals in Hunt also. 16 COMMISSIONER MOSER: The north area where you're 17 deficient, like Highway 16, The Wilderness area out there? 18 Or is it further west? 19 MR. MALONEY: Everything kind of north of I-10, 20 'cause we cover up on Harper Road, and even up on 479 a 21 little bit. 22 COMMISSIONER MOSER: Okay, thank you. 23 MR. MALONEY: So we do lack the responders in 24 there. But, once again, the -- the responders -- there also 25 has to be a trained individual that lives in that region. 3-25-13 16 1 COMMISSIONER MOSER: Sure. 2 MR. MALONEY: So -- although they are allowed to 3 respond to any region. So, typically, they respond pretty 4 close to where the call is. Typically. 5 COMMISSIONER BALDWIN: So we have -- we have an 6 application that we've come up with, and Eric has provided me 7 with a -- his definition of an application this morning. 8 We'll put those together. Eric and I and Dawn will meet 9 sometime real soon and try to blend these together and come 10 up with the correct one that fits us all, and I'll bring it 11 before the Commissioners Court for approval. We'll have to 12 figure out -- does anybody know who can do background checks 13 for us? 14 JUDGE TINLEY: Really? 15 COMMISSIONER BALDWIN: Yeah. We need to do a 16 background check on each one of these folks, too. I just 17 don't know anybody that does that kind of thing. 18 COMMISSIONER OEHLER: Doesn't Dawn do those somehow 19 or another? 20 COMMISSIONER BALDWIN: Who? 21 COMMISSIONER OEHLER: The H.R. Don't they do them 22 somehow or other? 23 COMMISSIONER MOSER: I think he's being facetious. 24 COMMISSIONER BALDWIN: I'm being a little bit 25 facetious. But if y'all know anybody, like the Sheriff or 3-25-13 17 1 something, that does that kind of thing, ask him to please 2 stand up. 3 COMMISSIONER MOSER: Taller. 4 COMMISSIONER BALDWIN: Taller. So, that's about it 5 as far as that's concerned. Once we get that and this body 6 approves it, we're off and running, and we will finally get 7 our little stipend program put in place and start using it. 8 MR. MALONEY: And that's the benefit of the 9 transition with the program itself, is that this will truly 10 become Kerr County's First Responder program. Thus, myself 11 as the EMS administrator, and Dr. Nail as the medical 12 director, we're simply the ones that implement the medical 13 care in the field at that point, but the program is managed 14 by the -- by the First Responders; it's funded by the Court. 15 And so the -- the standard operating guidelines, rules and 16 regs, application, everything, will come through -- through 17 y'all for that. So -- 18 COMMISSIONER BALDWIN: As it should. 19 MR. MALONEY: As it should, yes, sir. It should. 20 COMMISSIONER BALDWIN: Thank you, Eric. 21 JUDGE TINLEY: Good report. Thank you very much. 22 MR. MALONEY: Thank y'all. 23 JUDGE TINLEY: Appreciate you being here. 24 MR. MALONEY: Yes, sir. 25 JUDGE TINLEY: Let's go to Item 3, if we might; to 3-25-13 18 1 consider, discuss, and take appropriate action for final 2 approval regarding the revision of plat for Lots 11 and 12 of 3 Whiskey Ridge Ranches as set forth in Volume 6, Page 229, and 4 located in Precinct 3. Mr. Odom? 5 MR. ODOM: Morning. 6 COMMISSIONER LETZ: Leonard, before you get 7 started, I don't believe we have all the signatures required, 8 so we'll just pass. 9 MR. ODOM: Going to pass on it? May I make a 10 suggestion, though? 11 COMMISSIONER LETZ: I know, but I don't want -- 12 well, okay, go ahead and make your suggestion, but I sure 13 don't like exceptions. 14 MR. ODOM: Well, I don't see anything wrong with it 15 if it was accepted contingent on -- 16 COMMISSIONER LETZ: All signatures coming in? 17 MR. ODOM: -- the signature, so we don't have to go 18 through another two weeks once it's done. But -- 19 COMMISSIONER LETZ: Well, go ahead -- no, let's go 20 through it, see what the Court wants to do. Go ahead. 21 MR. ODOM: Go ahead? You let me go because I'm an 22 Aggie, right? 23 COMMISSIONER LETZ: Right. 24 MR. ODOM: Dennis and Susan Ahrens own Lot 11, 25 which is 40 acres, and his brother, Jerry and Janice Ahrens, 3-25-13 19 1 own Lot 12, which is 50.33 acres. Both parties would like to 2 revise the lot line between the two lots. So, at this time 3 we ask the Court for their final approval regarding the 4 revision of plat for Lots 11 and 12 of Whiskey Ridge Ranches, 5 Volume 6, Page 229, Precinct 3. 6 COMMISSIONER LETZ: I'll just make a comment. I 7 have no problem at all; I think what they're doing is fine. 8 It follows -- you know, they're doing everything right. 9 They've gone through the City. This is one of the city -- 10 MR. ODOM: They went to the City; they signed off. 11 COMMISSIONER LETZ: Been through both of them. 12 It's just, to me, you know, they need to have all the 13 signatures on a plat. I think it's a bad -- 14 COMMISSIONER BALDWIN: Who's lacking? Who's the 15 signature? 16 MR. ODOM: One brother. 17 COMMISSIONER LETZ: One of the brothers. One of 18 the Ahrens. 19 COMMISSIONER BALDWIN: Oh. 20 COMMISSIONER LETZ: Jeffrey's brother. But, I 21 mean, I have no problem with it, but I just think that we 22 need to -- you know, we have rules, and we should follow 23 them. 24 COMMISSIONER BALDWIN: I agree. 25 JUDGE TINLEY: I don't think -- it's their deal. 3-25-13 20 1 They ought to be the first ones on the line. 2 COMMISSIONER BALDWIN: Yeah, I agree. 3 COMMISSIONER LETZ: Bring it back in two weeks; 4 that's my feeling on it. But I'll be -- if somebody wants to 5 make a motion, I'll vote for it, I'm sure. 6 COMMISSIONER BALDWIN: Well, it seems like -- it 7 seems like if the signature comes in, it should be approved 8 immediately. So, you know, I would -- if I were king for a 9 day, I would approve it. 10 COMMISSIONER LETZ: Contingent? 11 COMMISSIONER BALDWIN: Contingent upon the 12 signatures. So, I mean, I don't know what difference that 13 makes. 14 COMMISSIONER OEHLER: It won't be approved unless 15 it is signed. 16 COMMISSIONER BALDWIN: Right. But if they sign it, 17 it can be approved without coming back here. 18 MR. ODOM: Without coming back. 19 COMMISSIONER OEHLER: Are you going to make a 20 motion, Buster? 21 COMMISSIONER BALDWIN: Well, I will. I don't want 22 anybody to throw any rocks at me. 23 JUDGE TINLEY: The sheriff certainly wouldn't do 24 that, would he? 25 COMMISSIONER BALDWIN: He's got that weird little 3-25-13 21 1 smile. 2 SHERIFF HIERHOLZER: Every chance I get. 3 COMMISSIONER BALDWIN: That's my motion, 4 contingent. 5 JUDGE TINLEY: Contingent upon all signatures? 6 COMMISSIONER BALDWIN: Mm-hmm. 7 COMMISSIONER OEHLER: Second. 8 JUDGE TINLEY: Motion made and seconded as 9 indicated. Do we have further question or discussion on the 10 motion? All in favor, signify by raising your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: Motion does carry. Why don't we go 15 to Item 4 here; consider, discuss, take appropriate action to 16 open, read, and award annual bids for road base, cold mix, 17 aggregate, emulsion oil, and corrugated metal pipe. I think 18 we got some here Jon's going to be handing me. 19 COMMISSIONER LETZ: Got a bunch of them. Must be 20 hungry this year; all kinds of envelopes here. 21 JUDGE TINLEY: First one we have is for corrugated 22 metal pipe, submitted by Contech Engineered Solutions out of 23 San Antonio, it appears. Next one we have is for black base, 24 Type AA, submitted by Allen Keller Company out of 25 Fredericksburg. I'm trying to see if that doesn't also 3-25-13 22 1 include just regular road base. The cover sheet has 2 everything except black base, Type AA, marked out, so -- 3 COMMISSIONER BALDWIN: What is black base AA? 4 MR. ODOM: Well, it's like Grade 2 base, but it's 5 emulsified -- 6 COMMISSIONER BALDWIN: Okay, yeah. 7 MR. ODOM: -- in there. 8 COMMISSIONER OEHLER: Like what's between the 9 buildings out there. 10 COMMISSIONER BALDWIN: Yeah. 11 MR. ODOM: Yeah, between the buildings. That is 12 what we used. 13 JUDGE TINLEY: Next bid we have is for base 14 material from Wheatcraft, showing a Center Point address. 15 Next one is for emulsion oils from Ergon Asphalt and 16 Emulsions, Incorporated, out of Austin. Next we have a bid 17 for paving aggregates, hot mix, from Vulcan Construction 18 Materials out of San Antonio. Next we have paving 19 aggregates, base material, hot mix, from Martin Marietta 20 Materials out of San Antonio. Next, corrugated metal pipe 21 bid from Wilson Culverts, Incorporated, out of Elkhart, 22 Texas. 23 COMMISSIONER LETZ: Last one. 24 JUDGE TINLEY: And the last one is for base 25 material from Reeh Quarry, L.P., out of Comfort, Texas. Do I 3-25-13 23 1 hear a motion that the bids be accepted and referred to Road 2 and Bridge for review and recommendation? 3 COMMISSIONER LETZ: So moved. 4 COMMISSIONER OEHLER: Second. 5 JUDGE TINLEY: Motion made and seconded that the 6 indicated bids be accepted and referred to Road and Bridge 7 for review and recommendation. Do we have further discussion 8 on the motion? All in favor of the motion, signify by 9 raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: The motion does carry. 14 MR. ODOM: Thank you, Judge. I would like to come 15 back as soon as I tabulate everything. Thank you. 16 JUDGE TINLEY: All right. Now let's go to Item 5, 17 if we might; to consider, discuss, take appropriate action 18 regarding the Maintenance Department placing portable toilets 19 at Lions Park and Flat Rock Park. Commissioner Moser? 20 COMMISSIONER MOSER: Thank you. I put this on the 21 agenda because there is a real need to have portable toilets 22 at our parks, and I know at Flat Rock Park, and I know at 23 Lions Park, and probably at the other parks. I think we 24 did -- last year we did three parks with the portable 25 toilets. The one at Lions Park, we've had a lot of people 3-25-13 24 1 there already. The number of people there, Joel Gonzales and 2 Frances Lovett is here today with information on the number 3 of people that we have. This is something that's in the 4 budget, and what I would like to do is suggest that we 5 authorize Tim to enter into a contract with the portable 6 toilet suppliers and put these facilities at each one of 7 these locations. And the one at Lions Park needs to be a 8 handicapped access toilet, because we have some vets that use 9 that facility out there. And a little bit longer term, 10 there's some dialogue that's begun that Frances Lovett has 11 initiated with U.G.R.A. to see if they can help us with this 12 -- this expense as we go forward, because there's some real 13 hard statistics on how not having these is polluting the 14 river. And -- and I'll not go into all those details, but 15 let me ask to see if Frances or Joel has anything else they 16 want to add to this recommendation. 17 MR. GONZALES: No, not really. But the toilets are 18 needed very extremely bad. Again, where the toilets are 19 right now, which is out in the woods, they have been 20 identified. We have Dave's Place which is right across from 21 there. 22 COMMISSIONER MOSER: That's the natural part. 23 MR. GONZALES: Yes, the natural toilets. Yes, the 24 natural toilets. And people can actually see -- our visitors 25 can actually see, and there's people that can actually see 3-25-13 25 1 these people going into the woods and using the bathroom. 2 That's why it's so very -- and, you know, I mean, they can 3 call the law for indecent exposure and stuff like that 4 because of it. And we just are trying to save that, and 5 that's all. 6 COMMISSIONER MOSER: I think they have some 7 statistics on the average number of people there on weekends, 8 beginning -- 9 MR. GONZALES: Yes. 10 COMMISSIONER MOSER: -- as soon as spring break all 11 the way through Labor Day. So, the proposal is to put these 12 toilets in all the way through this fiscal year, through the 13 end of September. And hopefully we don't have to -- we can 14 get in front of this thing next year, before we wait until 15 it's too late and have a large number of people out there 16 during spring break with -- without any toilet facilities. 17 MR. GONZALES: Yes. And spring break, I went out 18 there during the week, and we had 30 kids out there -- 19 because we take, you know, statistics, and we had 30 kids. 20 Crazy. But they were already in the river and down on the 21 bottom, and we have families barbecuing and stuff like that. 22 And every -- they see the little yellow truck go in there, 23 and it's, "Where's our toilets? Where's our toilets?" You 24 know, we need a place to use the bathroom, and it's a park, 25 and people want to -- you know, our locals ask me, you know, 3-25-13 26 1 "Where is our money going to?" You know, "We're paying 2 taxes; we should have our toilets there." I don't handle 3 that end, you know. I'm just -- 4 COMMISSIONER MOSER: Well, it's in the budget. 5 MR. GONZALES: Yes. 6 COMMISSIONER MOSER: So, Tim? 7 MR. BOLLIER: I know that down at -- I don't get to 8 the Lions Park every single day, but I do know down at Flat 9 Rock Park, I have a number of people down there each and 10 every day, 365 days a year, and I think that if we had the 11 money in our parks budget, I think that we would be wise to 12 set up toilets there 12 months a year. 13 MR. GONZALES: Yes. 14 MR. BOLLIER: I mean, all year long. I can't tell 15 you how many people come down and walk their dogs. I mean, 16 there is a bunch of people each and every day. 17 COMMISSIONER MOSER: Well, I was thinking that same 18 thing. It's -- if it's $150 a month for a toilet, and that's 19 kind of the numbers that you had, if we could get those 20 serviced -- 21 COMMISSIONER OEHLER: It's actually 75. They're 75 22 a month, except for your wheelchair-accessible. Your 23 handicapped runs a lot more. The simple ones are 75. I've 24 been getting them for 75 a month. 25 COMMISSIONER MOSER: Okay. Well, the motion I'd 3-25-13 27 1 like to make is -- is two-part. Number one is, let's approve 2 -- and I won't set the amount, okay, because I think Tim 3 needs to go out and find out what that amount is. 4 COMMISSIONER OEHLER: Needs to find the best price. 5 COMMISSIONER MOSER: Find the best price, put those 6 in immediately, and to look at what year-round toilet 7 services would be, primarily at those three areas. So, 8 that's -- 9 COMMISSIONER OEHLER: The main area -- Ingram is 10 not really that critical year-round. It's more of a -- it's 11 more seasonal. 12 COMMISSIONER MOSER: Okay. 13 COMMISSIONER OEHLER: From Memorial Day. Even if 14 we extended it from -- say we started before spring break and 15 went to the end of September, that's fine. Normally, that's 16 after Labor Day. There's really not a lot of activity on the 17 dam out there the rest of the year. 18 COMMISSIONER MOSER: So, the motion would be to 19 authorize Tim to move immediately on all three parks, you 20 know, and to come back to the Court with a proposal on what 21 to do on a year-round basis. 22 COMMISSIONER OEHLER: Right. 23 COMMISSIONER MOSER: Consistent with the budget. 24 COMMISSIONER OEHLER: With the best price. I want 25 you to call both companies, if you might. 3-25-13 28 1 MR. BOLLIER: Okay. Are we looking for two 2 toilets -- I mean, for one potty -- I'm talking about for 3 each park. One or two for each park? 4 COMMISSIONER OEHLER: You need one at Center Point. 5 You need one -- you need one on the end of the park -- the 6 east end of the county park, and one at the boat ramp part of 7 the park. 8 MR. BOLLIER: Two. 9 COMMISSIONER OEHLER: And then one at Ingram. 10 MR. BOLLIER: Okay, four. 11 COMMISSIONER MOSER: Four. 12 COMMISSIONER LETZ: I think bringing it back -- 13 you're just saying basically at budget time? 14 COMMISSIONER MOSER: Right. 15 COMMISSIONER LETZ: This will have to be a budget 16 item. 17 COMMISSIONER MOSER: Right, exactly. 18 COMMISSIONER OEHLER: This is parks. No, you're 19 not talking out of Tim's budget. 20 COMMISSIONER MOSER: I think there's $8,000 in the 21 budget for this, okay. But I agree with you. So, to make it 22 clear, the motion is -- is to authorize Tim to put four 23 toilets in the three county parks, two in Flat Rock, one in 24 Lions Park, one at Ingram, immediately, and then come back as 25 part of the budget process for the year-round -- 3-25-13 29 1 MR. BOLLIER: Okay. 2 COMMISSIONER MOSER: -- implementation. 3 MR. BOLLIER: I'll just call Cherokee and get the 4 best one. 5 COMMISSIONER LETZ: Second, but I have a question. 6 COMMISSIONER OEHLER: Just ask them what's their 7 best price. 8 JUDGE TINLEY: We have a motion and a second. 9 COMMISSIONER LETZ: My question is, since Ingram 10 isn't mentioned in the -- the agenda, it's pretty specific, 11 so we can't really talk about Ingram. My question is, do we 12 need to talk about any of them? It's a budgeted item. Can't 13 Tim just do it, and withdraw the motion and just have a -- a 14 direction to kind of do it? 15 COMMISSIONER MOSER: Well, the -- 16 COMMISSIONER OEHLER: They pretty well do it every 17 year. Just a -- 18 COMMISSIONER LETZ: I don't know that it needs to 19 be a motion. 20 COMMISSIONER MOSER: The reason it came up is 21 because there was a real need -- 22 COMMISSIONER LETZ: Right. 23 COMMISSIONER MOSER: -- during spring break, and it 24 wasn't there. And if Tim can do it without bringing it back, 25 I think that's great. 3-25-13 30 1 COMMISSIONER LETZ: That way we can just -- 2 COMMISSIONER MOSER: Do it. 3 COMMISSIONER LETZ: -- withdraw the -- I'll 4 withdraw my second. 5 MR. BOLLIER: Just do it? I'm just going to do it. 6 COMMISSIONER LETZ: It's in the budget. 7 JUDGE TINLEY: Commissioner -- 8 MR. BOLLIER: Because the way I figured here, at 9 $75, it's only going to be -- well, they're going to be right 10 at $2,500 a year. 11 COMMISSIONER MOSER: Go get your price. 12 MR. BOLLIER: So I'll go get my price. 13 JUDGE TINLEY: Let me get some clarification. Are 14 you seeking one or two for the -- for the Lions Park there in 15 Center Point? If it's just one, it's going to have to be 16 a -- a handicapped-accessible. 17 COMMISSIONER MOSER: Yes. 18 JUDGE TINLEY: Okay. Okay. 19 COMMISSIONER MOSER: That's worked in the past. 20 MR. GONZALES: Yes. 21 COMMISSIONER MOSER: One has. It's pushing it a 22 little bit. 23 MR. GONZALES: We do push it, because we've been -- 24 there's times that we've called to have it serviced more than 25 once, because of the -- we have lots of people there at one 3-25-13 31 1 time. The 4th of July last year, we had almost 1,000 people. 2 Fourth of July, we had 1,000 people. 3 COMMISSIONER OEHLER: Need to get more toilets 4 there on that -- 5 COMMISSIONER LETZ: On those weekends. I think Tim 6 -- he has the budget; he can add more if we need them. I 7 don't know that we need them all the time, but... 8 MR. GONZALES: Thank y'all. 9 JUDGE TINLEY: I've been down there on -- on 10 weekends when the weather was nice, and those folks go to 11 that park. And they're down -- they're down there, families 12 and kids, and it's just -- it's just a big mixture of all 13 sorts of folks down there. 14 MR. GONZALES: Yes. 15 JUDGE TINLEY: They're in the water and up on the 16 bank and eating and barbecuing and doing whatever, you know, 17 and having a good time. 18 COMMISSIONER OEHLER: Those wheelchair -- I mean, 19 the A.D.A. wheelchair-accessible toilets are about over 20 double per month what a regular one costs. I found that out 21 last year whenever Overby had the one up there. But whatever 22 it is -- 23 COMMISSIONER LETZ: But we need one. If we need 24 it, we need it. 25 MS. LOVETT: On the positive side -- 3-25-13 32 1 COMMISSIONER MOSER: Come on up. 2 MS. LOVETT: I was just thinking that on the 3 positive side, when we get our wastewater system in Center 4 Point, the Lions Park, as our committee projects, we'll be 5 hooking up to the wastewater system, so it won't be forever. 6 COMMISSIONER OEHLER: Yeah. 7 JUDGE TINLEY: Thank you, Ms. Lovett. 8 COMMISSIONER OEHLER: We hope to have some 9 permanent toilets at that location. 10 COMMISSIONER MOSER: Let me just ride on that; I 11 was going to bring it up, but didn't. We looked -- there's 12 going to have to be a lift station down there. One place to 13 put the lift station is in the corner of the park, and if we 14 could combine the lift station location with equipment and a 15 permanent restroom, it could make a lot of sense. So -- but 16 anyway, that's to be -- we'll bring it forward. But thank 17 you, Frances. 18 JUDGE TINLEY: Okay. So, it's in the budget. Tim 19 will continue to march. 20 MR. BOLLIER: Yes, sir. I'll have it done today. 21 JUDGE TINLEY: All right. Let's go to our first 22 9:30 timed item; Item 10, to consider, discuss, take 23 appropriate action on request from Kerr County Roller Derby 24 to use the show barn for practicing and possible event. 25 Ms. Leslie Jones. 3-25-13 33 1 MS. JONES: Yes. Hi, guys. Thanks for having me 2 back today. 3 COMMISSIONER OEHLER: Good morning. 4 MS. JONES: My proposal is that Kerr County Roller 5 Derby uses the newest show barn on a monthly basis twice a 6 week, Mondays and Thursdays from 6:00 to 9:00, pay a $300 7 monthly rental to cover electricity and any staffing costs. 8 I also propose that if it was deemed necessary that we have 9 our own access to a key, we would put a $100 deposit down on 10 that key, 'cause I understand they're expensive to replace. 11 And as well as if there's any discussion about any deposit, 12 as far as if something were to get messed up, just -- you 13 know, I know there's the rolling doors and stuff of that 14 nature. So, we -- everything's covered. We would be 15 responsible for any set-up and tear-down. We would leave it 16 cleaner than we even showed up for, and we'd be responsible 17 to make sure that if we see any unnecessary activity, we do 18 make the appropriate phone calls. We also, as soon as we do 19 have an agreement and we come to one, we can get the 20 paperwork started to have the insurance, and that would cover 21 the barn for one million dollars minimum, if not more. We 22 understand that there are blackout dates that would apply, 23 anything that's previously -- already on the table for those 24 -- this time period, but also if anything else is booked in 25 the meantime that is going to take precedence over us, and we 3-25-13 34 1 just ask for a one-month -- you let us know one month ahead 2 so we can make the appropriate decisions to get out of 3 everyone's way and make it work for everybody. And as soon 4 as we get our nonprofit status, if we get approved, we can 5 bring that to the table and we can look at all this again. 6 JUDGE TINLEY: And you're proposing this on a 7 six-month trial basis? 8 MS. JONES: A six-month trial basis. And after 9 that time, we can look back and see if this works for 10 everyone or not. 11 COMMISSIONER OEHLER: Sounds like a good idea. I 12 move approval. 13 COMMISSIONER MOSER: I second. 14 JUDGE TINLEY: Motion made and seconded for 15 approval of the proposal as outlined by Ms. Leslie Jones. 16 COMMISSIONER BALDWIN: I've got a question. Judge, 17 do we have an agreement -- a written agreement that everybody 18 signs? Who said yeah? 19 MS. JONES: I did not say yeah, but I can -- we can 20 make one. 21 COMMISSIONER BALDWIN: Well, I was just -- the 22 issue came up last meeting, and you just brought it up, of if 23 another meeting comes in and people want to rent the place 24 and you get bumped. I just -- I just feel like that we need 25 to have that written down, and everybody -- 3-25-13 35 1 MS. JONES: Well, and that's even if -- like, I 2 know in my proposed -- go ahead, I'm sorry. 3 MR. BOLLIER: I would -- I just want to make sure 4 that it's all right with the Court. Like, when we talked to 5 these guys out -- Jody and I did go out there to the Ag Barn. 6 I would just like to make sure that it's okay with the Court. 7 I really don't need to have any staff there. I really don't. 8 So, I just want to make sure that it's okay with the Court 9 that I let Ms. Leslie have a -- have a key, and, you know, 10 we'll go from there. And if there's -- you know, and she'll 11 have an on-call number to call, and I'm good with that. And 12 -- and if -- you know, like she said, she's going to leave it 13 better than probably what it is, and if there's any problems, 14 we'll take care of that. If there's something I need to take 15 care of with the Court, then I'll bring it to the Court. 16 COMMISSIONER MOSER: Sounds like it's on a -- a 17 trial basis for six months sounds like a good way to do it, 18 see if it works. 19 MS. JONES: And I'd be more than happy to sign an 20 agreement about the dates and if we do get bumped. 21 COMMISSIONER BALDWIN: Are we going to have any 22 kind of -- should we have any kind of written agreement? 23 MR. HENNEKE: Jody has a standard rental agreement 24 that we could -- we could modify that to reflect the specific 25 terms. And I can work with Jody to do that, be glad to. 3-25-13 36 1 COMMISSIONER BALDWIN: If I were them, I would want 2 to be real clear about the whole thing. 3 MS. JONES: Of course. 4 COMMISSIONER BALDWIN: You know, if Exxon comes in 5 and wants to rent the place -- 6 MS. JONES: I used to work with doing event 7 planning at Inn of the Hills, and I can get any access to 8 those kind of records, 'cause we had a lot of similar things 9 for when we had, you know, monthly groups that would come in, 10 and that would be one of the -- may be one of the precedents 11 is like, okay, well, you're getting in for free or for a set 12 amount, but this is what the guidelines say. 13 MR. HENNEKE: We can work it out. It won't be a 14 problem. 15 COMMISSIONER BALDWIN: Fantastic. I'm excited 16 about it. 17 MS. JONES: I'm excited y'all are excited. 18 COMMISSIONER MOSER: How many members do you have? 19 MS. JONES: We have about 25 girls. And we only -- 20 we want to grow and hopefully one day start a junior league. 21 So -- 22 COMMISSIONER MOSER: When you start your -- your 23 training and practice and so forth, is that open to the 24 public so people can come in and watch you? 25 MS. JONES: Yes. Yes, it is, if they would like 3-25-13 37 1 to. And, of course, like, you know, if, for some reason, you 2 let us come to the Ag Barn and things get unruly, we will 3 gladly escort those people out that do come from the public. 4 I don't want to you think we -- 5 COMMISSIONER MOSER: Okay. 6 MS. JONES: It's not a free-for-all, and we 7 don't -- we're not there to cause a ruckus. 8 JUDGE TINLEY: Any further questions on the motion? 9 All in favor of the motion, signify by raising your right 10 hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: Motion carries. Thank you, ma'am. 15 Appreciate it. 16 MS. JONES: Thank you, gentlemen. I appreciate it. 17 JUDGE TINLEY: Okay. Let us now go to our second 18 9:30 timed item; Item 11, to consider, discuss, and take 19 appropriate action regarding the construction of T-hangars at 20 the airport. Okay. Commissioner Moser? 21 COMMISSIONER MOSER: Thank you, Judge. I put this 22 on the agenda primarily for discussion. I don't know if 23 we're ready for a motion yet, but to give you a little bit of 24 background -- oh, this is going to work on that screen. Over 25 the last three years, the airport has started, with the 3-25-13 38 1 strategic plan, to figure out what we want to do. And the 2 strategic plan was important, because it involved the City, 3 the County, the people that use the airport, the people that 4 live around the airport and other potential people, and just 5 citizens. So, we established the strategic plan, the Airport 6 Board did. Then the next thing they did, the Airport Board 7 created this document. This is a master plan for the entire 8 airport showing all of the -- the features that should be in 9 the airport, what the benefit of the airport is. It's, like, 10 about a $20 million facility, not counting the depreciation, 11 worth about $15 million a year to the community in economic 12 impact. What you see here is a layout -- I'm going to get up 13 here so I can point this out. John, slide that down just a 14 little bit more, will you? This is north. 15 MAYOR PRATT: Your laser pointer will work. 16 COMMISSIONER MOSER: Well, it doesn't on that 17 screen. It works here. Yeah. A little bit more, John. To 18 get you oriented, this is the main runway, Highway 27, 19 parallel to that. Now slide it back down just a little bit. 20 What we're talking about today is the first -- first phase of 21 hangars to be developed -- second phase of hangars, I should 22 say. There's 16 T-hangars out there right now. We're 23 looking to make this airport revenue-neutral, and what's 24 being looked at seriously -- down a little bit more, John -- 25 no, the other way. There we go. In this region right here, 3-25-13 39 1 you can see the -- I don't have a pointer. Right up where it 2 says A-2 and A-3, looking at the A-2 position is where we 3 want to put 12 hangars in there. And before we did that, 4 there was a committee -- the airport formed an ad hoc 5 committee with Steve King, myself, the Mayor, and a couple 6 members of the board -- of the Airport Board. Looked at this 7 thing from a financial standpoint to make sure it made sense. 8 It does make sense. 9 We looked at what the market was, the people that 10 were there that would be willing to rent this facility. They 11 are. We used Gillespie County and Fredericksburg as the -- 12 as an example. Anything they build, they fill. We looked at 13 what the market rate was. We think that this will withstand 14 a price of about $295 per month. If we do that, and this is 15 key, the return on investment is huge. It's -- it's kind of 16 an absurd thing, because it's so big, because the state, 17 TexDOT Aviation, we believe very strongly that they will 18 cover 90 percent of the hangars, and 10 percent will be by 19 the City and the County. This is in the budget of the 20 Airport Board right now, so there won't be any money 21 required. The payback on this investment would be in one 22 year, we would get complete payback, so it would not be any 23 additional funds from the City and the County to do this. 24 The site -- the site is there; facility can be accommodated. 25 Len Odom went out looked at it the other day. 3-25-13 40 1 There's some dirt that needs to be moved, about 3,000 cubic 2 yards of dirt. The good thing is, just pull that dirt -- 3 this sounds simple. Pull that dirt forward and level the 4 site, and that will take care of it. So, it looks like all 5 the infrastructure's there, so it's going to -- the request 6 is going to TexDOT Aviation, and we'll come back to this 7 Court for a resolution from the Court, but we just wanted to 8 make you aware of it. And hopefully some members of the 9 Court can go out there and look and see what we're talking 10 about. It makes all the sense in the world. So, I think 11 it's the fruition of something that's been in place -- been 12 in work for about three years, to understand what it is we 13 want to do and why it's to the benefit of the City and the 14 County, and how it can -- it will bring in an additional 15 $40,000 or so per year to do this. So, when you get that 16 kind of return on your investment for very, very little, it's 17 great. 18 COMMISSIONER BALDWIN: How many T-hangars are out 19 there now? 20 COMMISSIONER MOSER: Sixteen. 21 COMMISSIONER BALDWIN: Sixteen. And they're -- 22 they were full day one, basically, I remember. 23 COMMISSIONER MOSER: They are. They are. 24 COMMISSIONER BALDWIN: And they've been out there a 25 number of years. 3-25-13 41 1 COMMISSIONER MOSER: And they -- how many years 2 they been there, Steve? 3 MR. KING: Twelve years. 4 COMMISSIONER MOSER: Twelve years. 5 COMMISSIONER BALDWIN: So, basically, what you're 6 saying is if we build them, they will come? 7 COMMISSIONER MOSER: No, not saying that at all. 8 No. As a matter of fact, we had 30 -- no, and we would not 9 -- we wouldn't be here or come forward with a recommendation 10 if it's "build it and they will come." We think we've 11 identified -- we've probably got them half filled already, 12 okay? And there's also another thing, is there's an 13 incentive; if somebody pays you a year in advance, okay, they 14 get a 5 percent discount also, just looking at what the 15 market is. But it's not "build it and they will come" kind 16 of thing. Now, if we get this built, then we'll probably -- 17 we've got the plan for the entire airport, where the other 18 T-hangars and box hangars can go, but this is the most -- 19 least impact to finances to do this on this location. So -- 20 and I think that, you know, this is something that we can 21 start work pretty quickly, and especially TexDOT Aviation 22 really likes it. If we can do this as a city/county in 23 cooperation with TexDOT, they want to use this as a beta site 24 to test -- test this, because if we can get -- and if Len has 25 got the time to do it, if he can move that dirt, and the City 3-25-13 42 1 can pave the aprons in a cooperative effort like that, they 2 would like to use this around the state as an example. 3 COMMISSIONER LETZ: Well, let me comment just 4 briefly as well. One of the things, I think, that -- you 5 know, I'm at the airport a lot. Tom's obviously out there a 6 great deal. What goes -- you know, what isn't seen by the 7 public a lot is what a great job the Airport Board's doing, 8 Airport Manager's doing. And I think the way -- and the City 9 and the County's cooperation out there is clearly part of it. 10 TexDOT is -- whenever they have some -- a project that is 11 brought forward from the Airport Board to TexDOT, TexDOT's 12 excited about it. And they don't look like a lot of state 13 agencies. They have, almost in every instance, tried to work 14 with us and figure out how we can get it done. They haven't 15 been obstacles at all. They work with us. They like this 16 airport. They like the cooperation of the City and the 17 County, like the Airport Board setup. And as Tom said here, 18 this is -- they're -- they are going through and trying to 19 figure out how to make this the most economical way possible. 20 Part of this is to get rid of -- or not have to bid 21 it through federal specifications. We can bid it through 22 local specifications, city and county, which lowers the cost 23 a great deal. They haven't done that with anyone in the 24 state up to now, but there's a -- so, I mean, I think it's 25 really important that -- you know, and Tom kind of glossed 3-25-13 43 1 over it a little bit. TexDOT really tries its hardest to 2 work with us and the Airport Board, the airport. And a lot 3 of credit needs to go to Bruce McKenzie as the manager; he's 4 cultivated that relationship. The Airport Board, you know, 5 they go to the state conferences, they talk to the TexDOT 6 folks. They kind of -- you know, it's just been a very good 7 model of how this airport's being run now, and all the credit 8 needs to go to the Airport Board and the Airport Manager. 9 That's it. 10 COMMISSIONER MOSER: I agree with you 100 percent. 11 MAYOR PRATT: Tom, you just may want to mention 12 that those numbers are very conservative, and based on a 90 13 percent occupancy, not 100. 14 COMMISSIONER MOSER: Good point. Yeah, and I think 15 the -- that's another very good point. I think we tried to 16 be -- just this little ad hoc committee, we had five people. 17 We tried to be extremely conservative, and in your package is 18 a copy of -- of what you see up there also, but they're very 19 conservative numbers. And it assumes $10,000 from the City 20 and $10,000 from the County in miscellaneous expense; we 21 don't think that's going to happen. We also have $25,000 in 22 there for site work, which we think we can avoid. So, from a 23 financial and a business standpoint, it looks extremely good. 24 So -- and the other benefits are, if these airplanes are 25 brought there, and we think people will come from 3-25-13 44 1 Fredericksburg back to Kerrville who now have their planes 2 over there, then that's more fuel sales, and more fuel sales 3 is more revenue. So, with that, it's not -- not asking for 4 any action, but just wanted to bring this forward so that 5 when we do come forward, we can move quickly on it. 6 JUDGE TINLEY: What -- what is the status of this 7 program now? Is it pending with TexDOT Aviation at this 8 time? 9 MR. KING: Judge, we're going to -- I was going -- 10 I just called out to the airport a while ago. Steve King, 11 president of the Airport Board. We have sent all -- TexDOT 12 had a representative here two weeks ago. They brought -- 13 they sent their airport planner. We have a planner for each 14 airport. They sent the planner -- our former planner and the 15 new planner we have over here two weeks ago, three weeks ago. 16 I had lunch with her for about two hours, and then Bruce had 17 meetings with her, and to brief her on our airport. They 18 actually -- she actually came back to our meeting and 19 outlined the financing for this deal. TexDOT funds these 20 things based on need. There's a lot of airports that have 21 wish lists and everything, but they base it on need. The 22 first thing you have to have is your air side; the part of 23 the airport that the aircraft actually use has to be in good 24 shape. That has to be up to 100 percent. They look at that 25 first. Ours is in great shape. We've spent $8 million out 3-25-13 45 1 there in the last four or five years, TexDOT's money. 2 JUDGE TINLEY: General Aviation Airport of the 3 Year. 4 MR. KING: Yeah. And, in fact, we've been 5 audited -- interesting figure. When we did our audit, there 6 was -- in the last 12 years, there was $5.3 million spent at 7 this airport, and the City and the County came up with a 8 little less than $80,000 out of their pocket. So, we had a 9 $5.3 million benefit to that airport, and came -- came up 10 with 80 grand, so it's a really -- it's been a great program 11 that they've had spending money out there. So, they're -- 12 they want to do the project. They think the funding level 13 that we've come up with, 475,000, 480,000, is doable with 14 their program. They will -- they are currently reviewing our 15 numbers. They're going to review our numbers with an 16 engineer and a planner, and he'll come up with a realistic 17 number to be sure we're on track and everything. He'll come 18 back to us and say, "This is the actual figure that we think 19 it's going to cost you to do this," and then we'll be 20 responsible for 10 percent of that, which we'll take out of 21 our capital -- our fund. We have a reserve fund, and we'll 22 pay for that. It won't cost the City or the County anything. 23 And then they will fund the rest of it; they'll fund the 24 other 90 percent of it. 25 So, right now they're approving that; they're 3-25-13 46 1 looking at the numbers. When they come back to us with those 2 numbers, we'll put them into a resolution, bring the 3 resolution to the City and the County, we'll outline the 4 project for you with the exact numbers that they are basing 5 the program on, and then we'll ask for your approval and the 6 City's approval. And then we'll move forward with some 7 hearings with TexDOT, and that will take a few months. And 8 then hopefully by August 1st, they're indicating we possibly 9 will be able to start. And I want to stress that the project 10 is not doable -- it's -- it's been looked at many times. 11 It's not doable unless we have cooperation from the City and 12 the County, and we're going to ask -- when we come back to 13 you guys, we're going to ask the County to help us move some 14 dirt and make some pads, just like y'all have done at the 15 parking lot, like y'all did at the Ag Barn. Make us a pad, 16 and then we'll build on it. Do all that, pour concrete, 17 build it all up, and then the City -- we're going to ask the 18 City to pave it. It's a large -- pretty large paving 19 project, so I think it's going to be an equal -- fairly 20 equal. 21 We'll provide all the materials for paving. We'll 22 provide all the materials for the pad. It's not -- all we're 23 asking the County and City for is some labor -- some labor 24 and equipment, which you guys have. And, you know, for us to 25 go to another company, to a third party and ask them to bid 3-25-13 47 1 all that and bring it, it's going to cost probably more than 2 the project would -- would handle. And so this is another 3 cooperative project for the City and the County, and I think 4 we can benefit with a good capital improvement out there, and 5 hopefully make us closer to our goal of real -- of having -- 6 not having to ask you guys for $90,000 next year as we did 7 last year. So, you know, that's the whole -- the whole idea, 8 is to shrink that down until it's zero, and we don't have to 9 come to you and -- and ask you for any money. 10 COMMISSIONER BALDWIN: You guys are getting closer 11 and closer to this self-sufficiency issue, and you're ahead 12 of schedule, in my opinion. Doing a great job. 13 MR. KING: We'll have that -- 14 COMMISSIONER BALDWIN: Do you remember five years 15 ago, how we used to beat our heads against the wall trying to 16 figure this damn thing out? You guys are actually doing it. 17 MR. KING: Well, thanks, Buster. We'll have that 18 Brinkman hangar coming online next year. Hopefully, that 19 will be another 60,000 to 75,000 in rent we'll be able to get 20 off of that; hopefully we can rent it. And that'll go back 21 into that same deal. So I believe, you know, if we rent it 22 for 60,000, that's 30,000 less we got to ask from each of you 23 guys. 24 COMMISSIONER MOSER: What Steve means by that is 25 the Brinkman hangar becomes the property of the City and the 3-25-13 48 1 County. The revenue from that is -- 2 MR. KING: Yeah, we'll be able to rent that 3 property out. So, we're heading that direction. We just 4 think that is another way we can -- we can fill a need at the 5 airport. We feel there's a need, and also raise -- raise 6 some -- raise the capital of the airport and bring in some 7 more revenue to get us revenue-neutral. So, it's a nice -- I 8 think it's a good starter project. It's a good test project. 9 TexDOT is excited about it. This is -- this is way off of 10 their deal. They don't do this. This is not typically the 11 way they operate. Typically they would come in, run the 12 project, take everything over and do the whole thing. But 13 they want to -- they've decided -- they've already met on it, 14 decided they would like to try a beta project to see if we 15 can go with local and state standards, which are -- we had a 16 representative -- engineering company representative, 17 engineering company there, and he said that's a huge deal. 18 If you don't have to bid this to federal, he said, not only 19 is the cost cheaper, but he said a lot of people just won't 20 bid it to federal standards. And so we can bid it local; 21 we'll do all our own bidding, do all the bidding and stuff, 22 getting all the prices and stuff, and then TexDOT will 23 provide us with -- with someone to -- either it'll be an 24 aviation person or a road person to oversee the project. So, 25 they're excited about it; they want to see how cheap -- how 3-25-13 49 1 inexpensive they can build these hangars for, because they'd 2 like to take this project to the rest of the state and save 3 money and use that pot of money they have more wisely. So, 4 they're going out on a limb here to do this for us, and so I 5 think if we can pull this off, it will bring a lot of 6 credibility to the Kerrville airport -- Kerrville/Kerr County 7 Airport. 8 JUDGE TINLEY: Do you suppose that their excitement 9 about Kerrville/Kerr County -- maybe it's their observation 10 on this drainage project that we just did, dirt portion done 11 by the County, the asphalt portion being done by the City. 12 They see that level of cooperation and activity, and -- 13 MR. KING: They do. 14 JUDGE TINLEY: Think that has something to do with 15 it? 16 MR. KING: They mentioned that in the meeting we 17 had. They said a lot of cities or counties can't do that. 18 They don't have the -- the machinery or the people -- the 19 people who can do it. Bruce has obviously been in the Street 20 Department, so he knows paving. I mean, he's familiar with 21 -- with surfaces and stuff, so they -- but they think there's 22 other airports that have these same capabilities. They'd 23 like to bring -- to share that. The parking lot was a 24 perfect example. We showed them that, you know, and they're 25 going to actually take that project to other airports as -- 3-25-13 50 1 as a revenue source, let them use that as a revenue source, 2 building a parking lot. 3 So, you know, I think we can -- we can really show 4 off our airport by bringing these -- these things to light 5 with TexDOT, and have them share those with other airports 6 around the state. There's 254 airports in the state of 7 Texas. Only so much money they get from the federal 8 government, so the further they can make that money go, the 9 more improvements they can get. So, we thank you guys very 10 much. Appreciate y'all. And on the ditch -- on the ditch 11 project, you guys -- that's an amazing project. They drove 12 out, looked at it, both planners -- our airport planners, 13 both of them did. And they were just amazed at the -- you 14 know, at the cost of that project, what it was -- it was over 15 $200,000, and we're going to get that thing done for probably 16 20 grand. And that will be the culverts mainly; it's the 17 concrete culverts we're having to buy. So, we appreciate 18 your help on it. We appreciate the City's help on it. Thank 19 you very much. 20 JUDGE TINLEY: Thank you, sir. We appreciate your 21 work on the Airport Board, -- 22 MR. KING: No problem. 23 JUDGE TINLEY: -- all you're doing out there. 24 MR. KING: You bet. 25 JUDGE TINLEY: Len? 3-25-13 51 1 MR. ODOM: Yes, sir? 2 JUDGE TINLEY: You don't see any problem with this, 3 do you? 4 MR. ODOM: Oh, no, sir. If the Court directs me to 5 do that, I work for the Court. So does the department. 6 JUDGE TINLEY: That's your standard response, "The 7 Court has asked me to do something; just tell me when and 8 where." 9 MR. ODOM: Yes, sir. We basically have discussed 10 that timeline where I think I can move in, if not sooner. 11 But we have that down, and discussed that with Commissioner 12 Moser. So, -- 13 JUDGE TINLEY: When it comes to building a pad, 14 you -- 15 MR. ODOM: -- give me the go, and then I'll fit it 16 into -- after we get our projects, you know, basically tied 17 up. 18 JUDGE TINLEY: When it comes to building a pad, you 19 guys got a little experience now, don't you? 20 MR. ODOM: I think so. I think we have capability. 21 COMMISSIONER OEHLER: Yes. 22 JUDGE TINLEY: Okay. Okay. Anything else on that 23 one, Commissioner? 24 COMMISSIONER MOSER: No, sir. 25 JUDGE TINLEY: All right. We've got a 10 o'clock 3-25-13 52 1 item here that -- 2 MR. ODOM: Judge, you want to go back and get me to 3 make a recommendation? 4 JUDGE TINLEY: You're ready to go on that? 5 MR. ODOM: Yes, sir. 6 JUDGE TINLEY: All right. Well, let's go on back 7 and get you taken care of there. Let me recall Item 4; to 8 consider, discuss, and take appropriate action to open, read, 9 and award annual bids for road base, cold mix, aggregate, 10 emulsion oil, and corrugated metal pipe. You had an 11 opportunity to review those bids, Mr. Odom? 12 MR. ODOM: Yes, sir, I have. On our base 13 material -- that is crushed aggregate, crushed base -- I have 14 three -- three bidders. The lowest bidder was Reeh, and 15 Allen Keller was second. Reeh had $5.55 per ton. Allen 16 Keller had 6.50, and Wheatcraft had 6.75. I would ask the 17 Court -- not only would I take Reeh, but because of the 18 location of these three low bidders, it really covers the 19 county, and so I would ask the Court at this point to accept 20 all three, that I can use that because of transportation 21 costs and all. It makes it more economical if I can go to 22 these sites if I'm out in the west end or I'm in the south 23 back toward Comfort. It all makes sense back in there. So, 24 I would say those three; Reeh first, Allen Keller, and 25 Wheatcraft would be able to supply us the material. 3-25-13 53 1 COMMISSIONER LETZ: Want to do them all at once? 2 MR. ODOM: Yeah. Also, on our asphalt for the 3 black base, A.A., Martin Mar -- I'm sorry, Vulcan Materials 4 is the low bid for black base and cold mix, and Martin 5 Marietta is second. And I recommend using Vulcan Materials. 6 We're about $1.80 more in black base, and about 80 cents more 7 in C.C., which is good. It's not as bad as I thought it 8 might be. So, I would recommend Vulcan Materials as the 9 winner for asphalt. Paving aggregate, Martin Marietta across 10 the board beat Vulcan by a dollar. So at this point, I would 11 recommend Martin Marietta as the materials supplier for trap 12 rock, Grade 3, Grade 4, and Grade 5. And Ergon was low 13 bidder for emulsion CRS-2 and AEP, $2.5565 for CRS-2, and 14 $3.3565 for AEP. Those prices are surprisingly within a half 15 a cent, and so I'm -- I'm happy about that, instead of the 16 6 percent increases. And I think moving this bid to December 17 will be another good move again for us next year, when we get 18 -- I think the end of December, when things are slower; 19 they're hungry. Maybe we get a -- a good bid. If we don't, 20 don't run me out on a rail, okay? But I -- I'm thinking 21 that's the way it'll go. Wilson Culverts was the bidder for 22 corrugated metal pipe, so I ask the Court to accept them as 23 the low bidder for corrugated metal pipe. I won't go through 24 the list, but it runs within a quarter or so or less on the 25 pipe. So, when I say a quarter per -- as you get to the 3-25-13 54 1 bigger ones, there's a couple dollars difference, but 2 basically Wilson beat Contech on that. So, those 3 recommendations are before the Court that I ask you to accept 4 them. 5 COMMISSIONER LETZ: I move we accept the 6 recommendations of the Road and Bridge Administrator. 7 COMMISSIONER BALDWIN: Second. 8 JUDGE TINLEY: Motion made and seconded to accept 9 the recommendations of the Road and Bridge Administrator with 10 regard to the bids submitted for road base, cold mix, 11 aggregate, emulsion oil, and corrugated metal pipe. Question 12 or discussion on the motion? All in favor of the motion, 13 signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 MR. ODOM: Thank you. 18 JUDGE TINLEY: Motion does carry. Thank you, Mr. 19 Odom. 20 COMMISSIONER BALDWIN: Number 14 is here. 21 JUDGE TINLEY: Okay. We have a 10 o'clock timed 22 item; Item Number 14, to consider, discuss, and take 23 appropriate action to approve a proclamation to declare May 24 the 2nd, 2013, as National Day of Prayer. Mr. David 25 Danielson? 3-25-13 55 1 MR. DANIELSON: Yes, sir. Just submitting that 2 again; it's an annual thing we do. Ministerial Alliance is 3 sponsoring that event. Y'all have participated last several 4 years. Basically the same format again this year, adjusting 5 as we did last year, probably meeting out under the flagpole 6 here. Seemed like that worked out good; there was enough 7 shade for everybody that time of the day. And y'all 8 participating again, signing, being part of -- part of that. 9 And we'll work out all the details as we get closer to the 10 event, but just getting set in the calendar, the availability 11 to use the courthouse for that event. 12 COMMISSIONER LETZ: I move approval of the 13 resolution as submitted. 14 COMMISSIONER MOSER: Second. 15 JUDGE TINLEY: Motion made and seconded to approve 16 the resolution or proclamation as submitted. Question or 17 discussion on that motion? 18 COMMISSIONER BALDWIN: I've got a question for you, 19 the theme being "One Nation Under God"? 20 MR. DANIELSON: Mm-hmm. 21 COMMISSIONER BALDWIN: Is that the same one as last 22 year? 23 MR. DANIELSON: No, it's different every year. The 24 National Day of Prayer changes. It picks a different verse, 25 and so we just tie it to -- 3-25-13 56 1 COMMISSIONER BALDWIN: Okay. 2 MR. DANIELSON: -- that. And so I worked with the 3 proclamation. I just reflected what -- the theme they put 4 out. It's always something similar to that, but it's a 5 different verse this year and a different catch phrase. 6 COMMISSIONER BALDWIN: Good. 7 MR. DANIELSON: Helps them sell the pamphlets and 8 stickers and all those kind of things. 9 COMMISSIONER BALDWIN: Okay, thank you. 10 JUDGE TINLEY: You're not saying it's all about the 11 money, are you? 12 MR. DANIELSON: It's not all about that, but it is 13 part of it. 14 JUDGE TINLEY: I see. 15 MR. DANIELSON: Yeah, all right. Thank you so 16 much. 17 COMMISSIONER LETZ: Thank you. 18 JUDGE TINLEY: Any other questions? All in favor 19 of the motion, signify by 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. Let's go 24 back to Item 6, if we might; to consider, discuss, take 25 appropriate action on a request from the Child Services Board 3-25-13 57 1 to use a portion of the courthouse square for a display 2 during the month of April for Child Abuse Awareness Month. 3 Commissioner Baldwin? 4 COMMISSIONER BALDWIN: Yes, sir. Thank you. The 5 Kerr County Child Services Board requests approval for 6 placing 339 blue ribbon yard signs on the northwest corner of 7 the courthouse lawn during the month of April for Child Abuse 8 Awareness Month. The number of signs represents the number 9 of children affected by abuse and neglect in Kerr County 10 during 2012. If approved, signs will be placed at 5 p.m. on 11 Monday, April the 1st, and taken down at 5 p.m. on Tuesday, 12 April 30th. Included in our backup is some highlights of 13 2012, so it kind of gives you an update on what they've done 14 through the year. And to me, they're the most active little 15 group in all of Kerr County. But if you remember, we did the 16 signs out there last year, and I -- I have never had more 17 comments about anything that we've done on the lawn than from 18 that one. So, I move that we approve the agenda request. 19 COMMISSIONER LETZ: Second. 20 JUDGE TINLEY: Motion made and seconded for 21 approval of the agenda request. Question or discussion? 22 MR. HENNEKE: Which corner was it? 23 COMMISSIONER BALDWIN: Northwest. 24 SHERIFF HIERHOLZER: Northwest or southwest? 25 COMMISSIONER OEHLER: North is that way. 3-25-13 58 1 SHERIFF HIERHOLZER: Southwest. 2 MR. BOLLIER: Going to be at the 16 and 27 corner. 3 COMMISSIONER LETZ: Southwest. 4 COMMISSIONER BALDWIN: Okay. 5 COMMISSIONER OEHLER: Somebody forgot their 6 compass. 7 JUDGE TINLEY: I've got it in the car. Do you want 8 to borrow it, Buster? 9 COMMISSIONER BALDWIN: No. I just need -- that's 10 what's it says, "northwest." 11 JUDGE TINLEY: Okay. 12 COMMISSIONER LETZ: Want "southwest"? 13 MR. BOLLIER: Right at the corner right there. 14 JUDGE TINLEY: Okay. 15 COMMISSIONER MOSER: Change it to 16 and 27. 16 JUDGE TINLEY: Now that we got that out of the way, 17 any other questions or discussion? All in favor of the 18 motion, signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: That motion does carry. 23 COMMISSIONER BALDWIN: Thank you. 24 JUDGE TINLEY: Let's go to Item 7; to consider, 25 discuss, and take appropriate action on implementation of the 3-25-13 59 1 burn ban. I put this on the agenda at the suggestion of our 2 court coordinator, since that's -- I guess this is a 90-day 3 rollover. 4 COMMISSIONER LETZ: I move approval. 5 COMMISSIONER OEHLER: Second. 6 COMMISSIONER BALDWIN: Second. 7 COMMISSIONER LETZ: Comment. 8 JUDGE TINLEY: I have a motion and a second for 9 approval. Question or discussion? You were first. 10 COMMISSIONER LETZ: I think all -- this is -- I'm 11 looking at the weather forecast for the week. While it's 12 fortunate that we have some damp weather, it doesn't -- not a 13 lot of rain, but damp weather is coming towards the end of 14 the week. There are a lot of brush piles scattered around 15 the county, so if the forecast holds true, I'll probably lift 16 mine Thursday morning. It will be drizzly for three or four 17 days part of the day, and the wind shouldn't be too high, and 18 the moisture is not real bad. It's -- so just kind of a 19 notice for the paper and public that, you know, I will lift 20 mine if the weather conditions are appropriate. Looks like 21 they may be appropriate the end of this week. There is a 22 fair amount of green growing, dry as we are, and we had a 23 little -- did get a little bit of rain a couple weeks ago. 24 COMMISSIONER MOSER: And there's some for next 25 week, even more. So -- 3-25-13 60 1 COMMISSIONER LETZ: Yeah. So, you know, anyway -- 2 COMMISSIONER OEHLER: I'd love to lift it. 3 COMMISSIONER LETZ: I know your people would. 4 COMMISSIONER BALDWIN: I'd love for you to. 5 COMMISSIONER OEHLER: I know. 6 COMMISSIONER LETZ: It's one of those things, you 7 know, we -- it's kind of a weighing thing to get -- we got to 8 be careful when we're burning, but at the same time, we've 9 got to get these brush piles and stuff burned off. Coastal 10 fields are probably exempt. 11 COMMISSIONER OEHLER: Any time we can get rid of 12 fuel before we have a real drought, we're better off. 13 COMMISSIONER LETZ: The best time of year we're 14 going to have this year is in the next month, probably, to 15 get some of this stuff taken care of. 16 SHERIFF HIERHOLZER: One question about it that's a 17 little confusing for our dispatchers is, in the burn barn 18 order itself, y'all changed it last year or year before. All 19 it talks about for kind of little things is the, you know, 20 propane fires for eateries or cooking, things like that. It 21 took out, and we don't have in there any more about barrels 22 with screens over it or anything else. But yet on the -- on 23 the burn ban hotline, it still says that you can burn with 24 barrels with screens. It's - the order doesn't say it; the 25 hotline says you can. I don't know how to tell our officers 3-25-13 61 1 to take action on those issues. 2 COMMISSIONER LETZ: I would say -- 3 COMMISSIONER BALDWIN: I don't have an answer for 4 you. 5 COMMISSIONER LETZ: I would say the order is -- is 6 the order, so we need to change the message if there's a 7 conflict. I mean -- 8 SHERIFF HIERHOLZER: That's what I would suggest. 9 The message is an older message that's been on there for 10 years, I guess, but it needs to be changed to match the 11 order. 12 COMMISSIONER LETZ: I do think that the -- I know 13 we -- and I can't remember, unfortunately, but I know we 14 tightened up or changed the wording. 15 JUDGE TINLEY: Mm-hmm. 16 COMMISSIONER LETZ: And part of that was done when 17 we were -- two summers ago, when we were in the state -- the 18 state emergency drought period. And we were trying -- we got 19 into the barbecue pits and all that kind of stuff. 20 COMMISSIONER BALDWIN: Yeah. 21 COMMISSIONER OEHLER: Yeah, we almost really did it 22 to ourselves. 23 COMMISSIONER LETZ: And I don't think -- those are 24 not covered. I'm not looking -- am I looking at the right 25 thing? Is there barbecues and fires and all that in there? 3-25-13 62 1 SHERIFF HIERHOLZER: Something about a safe manner, 2 but it's barbecue pits and -- 3 JUDGE TINLEY: It says propane and cooking fires 4 under safe and controlled conditions. 5 COMMISSIONER OEHLER: Yeah? 6 COMMISSIONER LETZ: Okay. 7 COMMISSIONER OEHLER: That needs to take out a rock 8 pit or some kind of a contained area. 9 COMMISSIONER MOSER: Read that last part again? 10 JUDGE TINLEY: Propane and cooking fires under safe 11 and controlled conditions. 12 COMMISSIONER MOSER: Cooking fires, okay. So, if 13 somebody's got a barrel with a screen on it with a hot dog, 14 you're good to go. (Laughter.) 15 SHERIFF HIERHOLZER: But the trash in the barrel, I 16 think, is out. We need to update the message. 17 JUDGE TINLEY: John? 18 MR. TROLINGER: Judge, on notification on the 19 weekends, I just wanted to make sure y'all knew that just 20 notify dispatch and -- and tell dispatch to have I.T. update 21 the website, and, you know, they'll submit it to I.T. 22 However, they need to do it before -- you don't have to make 23 a whole bunch of phone calls. 24 COMMISSIONER LETZ: Would you like us to submit it 25 to you? 3-25-13 63 1 MR. TROLINGER: I think if you go to dispatch after 2 hours, they will make sure that the chain of custody on this 3 thing gets passed so it gets updated. You don't have to 4 worry about making four phone calls to update the burn ban. 5 COMMISSIONER OEHLER: That works for me. 6 COMMISSIONER MOSER: Good deal. 7 JUDGE TINLEY: Okay? Anything else? Any further 8 question or discussion? All in favor of the motion, signify 9 by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: Motion does carry. Why don't we go 14 ahead and take about a 15-, 20-minute recess now. 15 (Recess taken from 10:16 a.m. to 10:35 a.m.) 16 - - - - - - - - - - 17 JUDGE TINLEY: Okay, let's come back to order, if 18 we might, from our -- our recess. The next item on the 19 agenda, Item Number 8, is to consider, discuss, take 20 appropriate action to restructure Court Compliance department 21 and reallocate and/or reassign personnel in that department. 22 Let me see if I can set this up. Sometime back, we had a 23 pretty large delegation of veterans who were requesting the 24 Court to create a Veterans Service Officer here in Kerr 25 County, and unless I didn't read the tea leaves right, we 3-25-13 64 1 became committed to do that. Insofar as when that thing got 2 cranked up, if not before the beginning of next budget year, 3 at the beginning of next budget year, which would be 1 4 October. In the meantime, we've applied for a grant for the 5 establishment of that office. That grant, far as I know, is 6 pending. If we get that grant, it's going to be announced -- 7 June? July? 8 MS. LAVENDER: Early June. 9 JUDGE TINLEY: Yeah. And if -- if we are awarded 10 the grant, we'll get started a little bit earlier. Well, 11 that necessitates having a space for the Veterans Service 12 Officer. And because of the nature of the V.S.O.'s business, 13 number one, it must be A.D.A. compliant, and number two, must 14 have the availability for secure records storage under HIPAA 15 and those sorts of things, because of the various things that 16 go on with those claims. We have a pretty limited space left 17 in the courthouse that meets those requirements. Probably 18 the most ideal, at least from my estimation, is the space 19 currently occupied by Court Compliance. Now, following on 20 from that, as members of the Court will recall, we had a 21 whole raft of those huge rolling files in the County Clerk's 22 office towards the back of the west wall over there, and 23 those have been removed and taken to the Sheriff's Office. 24 And the Sheriff is now utilizing those, and it's actually 25 conserving space for him, as far as I know, because of the 3-25-13 65 1 way they're configured. So, that leaves a vacant area 2 there -- over there towards the west wall in the County 3 Clerk's office. 4 My suggestion would be that we relocate the Court 5 Compliance function to operate out of the area where those 6 rolling files used to be. A number of years ago, Court 7 Compliance was actually part of the County Clerk's office, 8 before it was split off into a separate department. At least 9 that's my recollection, and conforms to what I've been told. 10 The operation and functioning of Court Compliance would then 11 be -- that would be their primary function. Most of -- most 12 of court compliance activity comes through County Court at 13 Law. I don't know the ratio; it's probably at least two, 14 probably closer to three-to-one misdemeanors over felony 15 cases, so the majority of those cases come directly from 16 County Court at Law. The County Court at Law clerical staff 17 is right there immediately behind the counter, which is 18 immediately in front of the open area where I'm suggesting 19 Court Compliance function should be operating. 20 But my suggestion would be that -- that the Court 21 Compliance -- that we eliminate Court Compliance as a 22 separate department, and place those employees under the 23 County Clerk's office, for a number of reasons. One is I 24 think it'll save some money, first and foremost. And 25 secondly, I think by the County Clerk having those 3-25-13 66 1 individuals performing that function, deputized, it allows 2 those persons to also take money that they've not been able 3 to take now. And what happens now is, the folks that have 4 obligations to pay, they get signed up and then they are 5 directed to go to the County Clerk's office. It's amazing 6 how many of those folks, between what they're told to pay and 7 when it comes time to actually lay the money out, can't find 8 their way to where the money gets laid out. So, if you've 9 got the Court Compliance folks that are setting up the 10 schedule, and they can also say, "Okay, what are you going to 11 pay today? Let's get it rolling right now," they don't have 12 to get lost. It's not a burden on them, and we can get that 13 -- get that done. 14 The other thing would be that there could be some 15 cross-training for those individuals that are doing the Court 16 Compliance function, and they could -- they could fill in on 17 an as-available and as-needed basis with the County Clerk's 18 office, and hopefully as the activity in that office picks 19 up, which we hope it will with an improved economy, and 20 additional manpower or women power, as the case may be, is 21 needed by the County Clerk to do those function, that having 22 this availability to some degree on a part-time basis, we'd 23 be able to avoid hiring new folks for the County Clerk's 24 office. That's -- that's one suggestion or plan, and I pitch 25 it out for the Court's evaluation. 3-25-13 67 1 COMMISSIONER BALDWIN: I'd like to go back to step 2 one, -- 3 JUDGE TINLEY: Okay. 4 COMMISSIONER BALDWIN: -- if we could. I never did 5 understand that the V.S.O. -- the veterans' officer was going 6 to be housed in the courthouse. I never heard that. And 7 maybe I slept through that or something, but this is -- this 8 is the first I've heard of that. 9 COMMISSIONER OEHLER: We have to provide space for 10 them. 11 COMMISSIONER BALDWIN: Excuse me? 12 COMMISSIONER OEHLER: We have to provide space 13 somewhere for that person. 14 COMMISSIONER BALDWIN: Well, the V.A. Hospital 15 would be a good place for that, if County employees can hang 16 out out there. 17 JUDGE TINLEY: Well, the issue there, Commissioner, 18 would be control. 19 COMMISSIONER BALDWIN: Control? 20 JUDGE TINLEY: Well, we've had issues with 21 employees being located off somewhere else, and that -- that 22 are on our payroll, and at least in theory, subject to our 23 control, that we really don't have much control over. And my 24 recollection of the discussion at that time was we definitely 25 wanted to locate them in the courthouse. 3-25-13 68 1 COMMISSIONER BALDWIN: Okay, I just missed that. 2 If I wouldn't have missed that, I would have voted against 3 the whole operation, because I -- you know, that's a federal 4 issue; it needs to be a federal employee. And I don't think 5 that we even went to the trouble of asking, "Can you get a 6 federal employee in here? Lamar Smith, can you -- there's an 7 issue here. Can you get us an employee in here?" That's 8 what should happen. That's -- it's a federal issue, and we 9 didn't even look into it, I don't think. And, you know, here 10 we are taking it on. It wasn't a mandate, but it's -- to me, 11 it's the wrong thing to do. I understand that these people 12 have a certain level of education or certification to -- in 13 order to get into the details of the records and all that 14 kind of thing. But I did hundreds of these for -- when I 15 worked with Congressman Loeffler. I mean, our office was 16 full steam ahead doing that kind of stuff. So, I just think 17 there's other ways to do it. But we've adopted -- if I'd 18 have known that it was going to be this kind of issue, I 19 would have voted against to it start with. But -- 20 COMMISSIONER MOSER: Let me ask -- 21 COMMISSIONER BALDWIN: Let me finish. 22 COMMISSIONER MOSER: I'm sorry. 23 COMMISSIONER BALDWIN: One more item, and then I'm 24 through. 25 COMMISSIONER MOSER: Sorry. 3-25-13 69 1 COMMISSIONER BALDWIN: But moving Court Compliance 2 over and just basically doing away with -- well, not 3 "basically"; doing away with Court Compliance, you know, they 4 -- they've collected -- they've gone over a million dollars 5 this year for the fines, and so they do this tremendous job, 6 and then we come along and destroy it. I don't get that. 7 JUDGE TINLEY: They'd still be performing the court 8 compliance function, just like they've been doing. That 9 would be their primary function. 10 COMMISSIONER BALDWIN: Yeah, but they won't be 11 Court Compliance; they'll be the County Clerk, and who knows 12 how that works? I mean, you don't know that. Neither do I. 13 I'm not going -- I'm not knocking the County Clerk. I'm just 14 saying that we don't know how it's going to work. They will 15 no longer be Court Compliance. Definitely that. But I just 16 -- I think we're moving off in the wrong direction with this 17 thing. That's just my opinion. 18 COMMISSIONER MOSER: Let me ask a couple questions 19 for clarification. I thought that within the state, that any 20 county over 200,000 population was required to have a V.S.O. 21 JUDGE TINLEY: I don't know the number, but there's 22 a break point that's mandatory, yes. 23 COMMISSIONER MOSER: Something, it's required. And 24 I guess -- 25 JUDGE TINLEY: Below that, it's discretionary. 3-25-13 70 1 COMMISSIONER MOSER: Right. And so if it's 2 required -- back to Buster's point -- does that not say that 3 it is a county employee? When they're required to have a 4 V.S.O.? 5 JUDGE TINLEY: Yeah. 6 COMMISSIONER MOSER: So it's something -- yeah, 7 that's where I was coming from, Buster. It's -- if we choose 8 to do it, it's discretionary. It's still a county employee, 9 as opposed to a federal employee. 10 COMMISSIONER BALDWIN: Sure. 11 COMMISSIONER MOSER: If that -- so that's -- set 12 that aside for just a second. Say, okay, if it's a V.S.O., 13 it's a county employee. Then the next question is, if -- and 14 I think the thought was that it made sense to have a V.S.O. 15 with the number of veterans that we have in this county; made 16 all the sense in the world. I think Gillespie County has 17 indicated that -- that economically, it made a lot of sense 18 too, with the increased revenue they brought in. Even having 19 a full-time person on staff over there, it made economic 20 sense. The second part is -- is where to locate them. I 21 don't -- I don't know that -- I guess I have questions, and I 22 don't know the pros and the cons to -- to physically locate 23 somebody and then the change in organization to do it. I 24 think Buster's on the point, too. The Court Compliance seems 25 to be on a path of increasing their revenue, and I certainly 3-25-13 71 1 appreciate what you said about the complications. You know, 2 "You shall pay," and by the time they walk across the hall, 3 they forget -- forget some of that stuff. So, there's some 4 benefit there. So I'm not sure how you weigh the physical 5 location and reorganization versus the organizational change. 6 I think there's probably some pros and cons in that, but you 7 certainly identified some of the pros. 8 COMMISSIONER LETZ: If you're finished, 9 Commissioner, I think one of the things you have to look 10 at -- and I share some of what you say and some of what 11 Buster said. The -- on the V.S.O. issue, I think it's an 12 important function. I mean, I'm -- I think it should be done 13 by the federal government; I agree with that, but it's not, 14 and I think veterans are a very important part of our 15 community, and we need to do what we can to provide a service 16 for them. And it's something that -- you know, we do things 17 that we don't have to do lots of times. We do things because 18 we think it's the right thing to do, and that goes in that 19 category, to me. On -- on the Court Compliance, you know, I 20 think Buster was probably the only one on the Court when that 21 department was created, other than myself. And the reason it 22 was created is because the job wasn't being done. 23 I mean, it -- how that department was formed was 24 Judge Brown and his staff came forward and said, "There is a 25 huge amount of money that's being left on the table." And we 3-25-13 72 1 were in budget crunch times, you know, as we always are. And 2 he says we need -- he basically found Russ Duncan, who 3 volunteered his time to come in here, set up the department. 4 It wasn't just out of a whim, but it was because there was a 5 need that was not being done. And it turned out to be a huge 6 success, and our collections methods have been a model for 7 the state and for the nation. Russ now lives in Florida and 8 sets up the same kind of departments. So, I think Court 9 Compliance is -- you know, is -- I don't know that it has to 10 be a separate department, but, boy, I -- I'm real reluctant 11 to put it under -- basically move it into -- make them all 12 deputy clerks. I think that's the wrong way to go. I think 13 we need to make sure that function stays -- stays whole. And 14 if I'm not right -- Buster may remember, or you might. I 15 think Buster might, or Terry may; she's there. When we go 16 over -- 50,000? Isn't it 50,000, we are required to keep -- 17 have a department? 18 MS. LYLE: Yes, over 50,000. 19 COMMISSIONER LETZ: Over 50,000. So, the next 20 census, we're going to have a department whether we want it 21 or not. 22 JUDGE TINLEY: Okay. 23 COMMISSIONER LETZ: So that's a state requirement. 24 And we were planning, I thought, in that direction last 25 couple of budget years, so I'm not in favor of moving it into 3-25-13 73 1 a -- under the County Clerk's office. I don't know that all 2 -- you know, I'm not at all in favor of, like some things 3 that came forward on the Animal Control thing, making 4 departmental changes because of someone retiring, or because 5 we have, you know, office space available in that department. 6 Those aren't the right reasons. I think we need to look at 7 what makes the best sense from a management -- from the 8 management of taxpayers dollars. I do have a problem with 9 Court Compliance being a -- you know, such a small 10 department. You know, I mean, we're paying -- you know, but 11 there are other departments that it could be handled. I 12 mean, we -- I don't want to, you know, bring them up. Rosa 13 has a small department. You know, it could be there. H.R is 14 a small department. 15 I mean, and maybe we look at -- and I would really 16 be in favor of looking at a -- and I've been pushing this for 17 two years now, I know, for doing an analysis of that money we 18 budget on personnel across the board, and how we should 19 structure some of these, bring someone in. I've -- I know I 20 brought up last budget year that we should look at all of the 21 job descriptions county-wide, and we haven't done anything 22 since the Nash study, which is now what, 12 years old? So, I 23 mean, we really need to do that. And at that point, I think 24 we look at how we structure some of these departments. You 25 know, do we combine? Not combine? Separate? I think we 3-25-13 74 1 probably should combine some departments; I think we have too 2 many departments that report to the Commissioners Court. 3 But, you know, I would like to look at that rather than just 4 say, "Well, we have some office space available, so let's 5 move them into this department." That's not the right way to 6 go, in my opinion. 7 COMMISSIONER OEHLER: Well, but, I mean, look at 8 all the sides of it, and if it -- if they can also collect 9 money now, that is an advantage. 10 COMMISSIONER LETZ: Sure. 11 COMMISSIONER OEHLER: Which they cannot do 12 otherwise. 13 COMMISSIONER LETZ: Right. 14 COMMISSIONER OEHLER: And they would be under -- 15 under the department that has that authority if that were 16 done. And also, you know, most of the time -- and I'm not 17 involved; I'm not the liaison, so I don't have all the 18 knowledge in the world about it, but I have a feeling that 19 there's a lot of times when they're not really that busy, and 20 they could be used for other -- other things in the office to 21 help out with stuff in the clerk's office. So -- you know, 22 and I'm sure that you're -- you're not -- you're not 23 eliminating the Court Compliance office; you're just putting 24 them under another -- another office and in a place where 25 they can collect money. So, I mean, there's some efficiency 3-25-13 75 1 there that we don't have now. 2 COMMISSIONER LETZ: I mean, it's worth looking at 3 it, but I'm not there yet. 4 COMMISSIONER OEHLER: Okay. 5 COMMISSIONER MOSER: And I'm with -- I'm with 6 Jonathan. I -- I'd hate to see us make the wrong move 7 organizationally because of the space. And I'm not -- and I 8 -- you said it; I'm not there yet. I'm not there yet either. 9 So I can certainly see some -- some positive aspects of it, 10 as the Judge pointed out, and as you pointed out, but I think 11 it needs to be some more aspects. And my -- I go back to -- 12 as part of this too, the thing that was causing these 13 dominoes to fall was location for the V.S.O., assuming that 14 that's a county employee. And would -- would not the 15 veteran's hospital be a better place? Even though it's a 16 county employee, since they're dealing with veterans, -- 17 COMMISSIONER BALDWIN: In my mind. 18 COMMISSIONER MOSER: -- to be there? And this may 19 unravel part of this issue too, if we were to physically 20 locate a V.S.O. -- 21 COMMISSIONER LETZ: They should have the space. 22 COMMISSIONER MOSER: They should have. 23 JUDGE TINLEY: They got plenty of space out there. 24 COMMISSIONER MOSER: That's kind of what I thought. 25 I mean, I do know that, yeah. So -- 3-25-13 76 1 COMMISSIONER LETZ: Rosa might be able to answer 2 that question. 3 MS. LAVENDER: We wrote the grant for a V.S.O. for 4 Kerr County only. And there's, I believe, 16 counties that 5 are served by the Kerrville V.A. Hospital, and you're going 6 to put someone in a very difficult situation if you put them 7 at the V.A. Hospital and they can only deal with Kerr County 8 residents. 9 COMMISSIONER MOSER: Oh, I see. 10 MS. LAVENDER: Because you got 15 other counties 11 that have people. And Bandera has a V.S.O., Gillespie has a 12 V.S.O., and there's some others, but most of these rural 13 counties in this area do not. 14 COMMISSIONER MOSER: Okay. 15 MS. LAVENDER: The veterans that come there who 16 need help, it's going to put that person in a very awkward 17 position to be there and try to serve people, and have to say 18 to people, "Here's a piece of paper; you're on your own." 19 And that's the reason that we built the grant around it being 20 a county employee with county benefits, and be located on 21 county property. 22 COMMISSIONER MOSER: Good point. 23 COMMISSIONER BALDWIN: So you were talking about 24 them being in one -- the bad guy being in one office, and 25 then having to go around -- having to go actually through the 3-25-13 77 1 door to pay -- make the payment. We always talked about 2 coming out of Spencer's court, putting those little feet on 3 the floor. 4 JUDGE TINLEY: Yeah. 5 COMMISSIONER BALDWIN: So that you go across the 6 hall. You know, they get lost somehow coming out of his 7 courtroom, crossing the hall. 8 COMMISSIONER LETZ: I mean, I don't have a problem. 9 Jannett may have a problem with that; I don't have a problem 10 of moving them into that space, if that's -- that space, and 11 keeping a separate department. I mean, it's not -- I don't 12 -- I don't care where they're located. I'm just more 13 concerned about the organization. 14 COMMISSIONER BALDWIN: Well, you know, I'm not 15 going to get into that either, but, you know, if it were me, 16 if I were the County Clerk, I wouldn't -- you know, there's 17 some undesirables, let's put it that way, that sit down with 18 the Collections Department, and I don't know if I'd want 19 those folks wandering around in my -- 20 COMMISSIONER LETZ: Department. 21 COMMISSIONER BALDWIN: -- in my department at all. 22 JUDGE TINLEY: I think those are the same folks 23 that are supposed to report after they've been to Collections 24 into the County Clerk's office to pay their dough. 25 COMMISSIONER BALDWIN: That makes -- 3-25-13 78 1 JUDGE TINLEY: Some of whom actually make it. 2 COMMISSIONER BALDWIN: That makes it all right, 3 then, huh? 4 MS. PIEPER: Since my name was brought up and this 5 is a subject of my office, I would like to remind y'all that 6 one of my constitutional duties is the collection of court 7 costs. And then I would like to take Buster and Jonathan 8 back, and many years ago, a couple years after I was elected, 9 Russ Duncan came into my office and said, "I just moved to 10 Kerr County; I'd like to do some volunteer work." So, he and 11 I sat down, and I said, "I need to revamp the collections on 12 our criminal cases. What we have now is not working." 13 That's how that came about. We went with -- we got with 14 Judge Brown and started doing payment plans and stuff like 15 that, so the collections department started in my office. 16 After several years, Mr. Duncan decided he wanted to be paid 17 for his services rather than volunteering, after the system 18 was working good. That's when he came before y'all, and 19 y'all -- and then he went to the Legislature as well to get 20 the court compliance department. And the statute does say 21 that once we've reached 50,000, we are required to have a 22 compliance department, but it doesn't say that it has to be a 23 completely separate entity from the clerk's office. We are 24 still constitutionally required to accept -- you know, to do 25 the collections, so I just wanted y'all to know that. So, 3-25-13 79 1 actually, the court compliance or collections and payment 2 plans all evolved from my office. So -- 3 JUDGE TINLEY: With respect to the possibility of 4 the Court Compliance people locating in that now vacant space 5 in your office, what are your thoughts on that? 6 MS. PIEPER: My thoughts, if you'll agree to it, 7 that we would put them back in my office where they 8 originated from. And just like we have a "County Court at 9 Law" sign hung up, or "Land Records," we would -- we could 10 also do a "Court Compliance," and they would resume their 11 normal duties as far as going to court, you know, getting 12 people on payment plans. We could deputize them, and while 13 the defendant's sitting right there agreeing to pay his $250 14 a month or whatever, then they could say, "Okay, you want 15 your first payment today?" And they can accept his money, 16 give him his receipt and say, "We'll see you next month." 17 COMMISSIONER LETZ: Jannett, as opposed to locating 18 them back there kind of where the files used to be, would 19 there be a problem with relocating, kind of restructuring -- 20 not personnel-wise; I mean just your office space. And to 21 me, it would make more sense to put the Court Compliance, if 22 it's -- if it's in there, whether it's under your -- you 23 know, kind of where your and Cheryl's offices are, and just 24 kind of moving things around, and build -- 25 MS. PIEPER: No, what I visualize is them sitting 3-25-13 80 1 behind my County Court at Law staff. You know, that way, if 2 they're out on vacation, sick, whatever, then my staff will 3 be cross-trained also to set that person up on a payment 4 plan, take their payment, and vice-versa. There's no reason 5 for -- for Court Compliance to be moved into mine or Cheryl's 6 office. There's nothing there that they're going to -- that 7 is private. You know, the only thing a defendant may come in 8 and say is, "I lost my job; I can't pay this month." Well, 9 then at that point, normally they have a newspaper that has 10 all the help wanted, and they say, "Here you go; find a job." 11 COMMISSIONER MOSER: So there's no reason -- or let 12 me ask it differently. Is there any reason to have privacy? 13 I'll ask Terry this, and you too, Jannett. Is there any 14 reason to have privacy in the court compliance function, 15 between the Court Compliance staff and the individual? 16 MS. PIEPER: No, sir. My mental health cases are 17 closed -- closed to the public, but yet I still have mental 18 health patients that come in and say, "Hey, I need to make a 19 payment," or -- I mean, so they're not disclosed in a -- in 20 an office either. So -- 21 COMMISSIONER LETZ: I'm still -- I'm at the point 22 that I would rather look at an overall organization and see 23 what makes the most sense. I mean, I -- you know, I do agree 24 that we need to look at some of these departments that have 25 kind of been started, been successful from a work standpoint. 3-25-13 81 1 But, you know, I think on some of it, you have to look at 2 some of the salaries, things of that nature, that enters into 3 it. You're trying to, you know, just go today and move a 4 department into another department. I see a lot of headaches 5 coming in with that, you know, 'cause I believe you have 6 salaries that are different. You're talking about, you know, 7 all of a sudden, they -- it's just -- I think we need to look 8 at all that at the same time, and not make any -- I don't 9 want to make a decision today on it. 10 JUDGE TINLEY: I'm not suggesting that -- that we 11 pull the trigger on anything today. I wanted to get it out 12 on the table. I don't know if this grant is going to be 13 approved. If it is, I would say that's going to shorten our 14 decision process. 15 MS. LAVENDER: The grant would go into effect the 16 1st of July. Now, we -- on July 2nd, we wouldn't have 17 somebody in an office, but it could be a -- you know, I think 18 there's people in this community that are interested in the 19 job, and so it could be a fairly quick move on it. 20 JUDGE TINLEY: But that would be sooner than our -- 21 the beginning of our -- 22 MS. LAVENDER: Right. 23 JUDGE TINLEY: -- new budget year. 24 MS. LAVENDER: Correct. 25 JUDGE TINLEY: So -- but if we don't get the grant, 3-25-13 82 1 we're looking at budgeting it for -- beginning October 1, so 2 that -- that's kind of the time frame. And we have that 3 time, fortunately. 4 COMMISSIONER LETZ: Does -- 5 COMMISSIONER BALDWIN: Wait just a second. So, 6 what I'm hearing you saying -- I just want to get clear up 7 front, Judge. I sleep through these things too much. So if 8 we don't get the grant, we're going to budget for it, pay for 9 it out of the taxpayers' funds? 10 JUDGE TINLEY: That's the commitment we made to the 11 veterans that showed up here before us in pretty large 12 numbers. 13 COMMISSIONER BALDWIN: Well, I misunderstood that. 14 I did not hear that. I know that we voted to -- to do the 15 V.S.O.; I understand that, but I don't remember any 16 commitment if -- if we don't get the grant that would pay 17 them out of budget. So -- 18 JUDGE TINLEY: The commitment to do it sooner would 19 be if we get grant funding. Of course, if the grant triggers 20 July 1, at that point, why, we'd start advertising for people 21 to fill the position and so forth. But we're going to have 22 to have a place to put them somewhere. 23 COMMISSIONER BALDWIN: Is there -- she just said 24 there's several people in the community that would be 25 interested. Are there certified -- those kind of folks? 3-25-13 83 1 Certified V.S.O.'s? 2 COMMISSIONER OEHLER: Some of them already have -- 3 already have the clearance and already have some of that 4 designation where they can get in -- I know of one. 5 COMMISSIONER LETZ: I know one. 6 COMMISSIONER OEHLER: There are several that are 7 qualified to do that job and to take it all the way from -- 8 you know, to gain the access to the records, federal -- 9 COMMISSIONER BALDWIN: I thought it was some kind 10 of real specialty. 11 COMMISSIONER OEHLER: It is, but there's some 12 people that already have that. 13 COMMISSIONER BALDWIN: Well, I'll be darned. What 14 a community. 15 COMMISSIONER OEHLER: Yeah. 16 COMMISSIONER MOSER: Just for the record, did the 17 Court vote for establishing the V.S.O.? 18 COMMISSIONER OEHLER: Yes, based on the application 19 for a grant. 20 COMMISSIONER MOSER: I remember the large 21 discussion, and it all sounded like a good idea. And I 22 didn't remember that there was -- 23 COMMISSIONER OEHLER: My recollection is that we 24 agreed to go for the grant. The grant's only good for one 25 year, and that we would -- we would start paying the full 3-25-13 84 1 cost after that grant ran out. That was my -- what I 2 remember we did. 3 COMMISSIONER BALDWIN: I see. I kind of remember 4 some of that too. 5 COMMISSIONER LETZ: I remember -- not totally that, 6 but I remember us doing a grant one year, and then seeing how 7 it goes. But -- and on the commitment side, I recall talking 8 about committing to provide space for it, and I thought we 9 were going to talk about a volunteer originally, volunteer or 10 part-time. 11 COMMISSIONER BALDWIN: That's out the window. 12 COMMISSIONER LETZ: Or part-time person. Or -- you 13 know, anyway -- 14 COMMISSIONER OEHLER: We'll have to redo that, I 15 guess. But -- 16 COMMISSIONER MOSER: Combining it with Gillespie 17 County if possible. 18 COMMISSIONER LETZ: Combining with Gillespie County 19 if possible, or some structure. 20 COMMISSIONER BALDWIN: So, is that the only office 21 space available in the courthouse? 22 JUDGE TINLEY: Well, let me see. There's two or 23 three offices right back here in this wing. Rather small, 24 but they're private offices. 25 COMMISSIONER BALDWIN: There's also a courtroom 3-25-13 85 1 downstairs. 2 JUDGE TINLEY: Well, I don't think you can tie up a 3 courtroom that's going to be used by five or more judges on a 4 full-time basis. That hardly seems like the way to go. 5 COMMISSIONER BALDWIN: Neither does this, to me. 6 It makes more sense to be -- be in your courtroom that we 7 haven't approved. 8 COMMISSIONER LETZ: Well, let's take a poll. 9 COMMISSIONER BALDWIN: Take a poll. 10 JUDGE TINLEY: Whether it makes more sense to 11 use -- use Court Compliance space or use the courtroom space? 12 COMMISSIONER BALDWIN: The poll people -- I'm the 13 one that's voting up here; it's not them. 14 JUDGE TINLEY: I see. 15 COMMISSIONER LETZ: Yeah. That doesn't -- judges 16 don't get a vote in this decision. 17 COMMISSIONER BALDWIN: So -- so you've made the 18 decision that that is the only office space available? 19 JUDGE TINLEY: No, sir. My -- my thinking is that 20 is the best space for this function, for a lot of reasons. 21 Number one, it's very accessible. It's A.D.A. compliant. It 22 has the HIPAA records storage issue resolved. Other than 23 that, I guess we could revamp a piece of the Law Library 24 upstairs. Maybe the judges would let us use some of the 25 space in the back of the secure doors up there on the second 3-25-13 86 1 level. 2 COMMISSIONER BALDWIN: Not much. 3 JUDGE TINLEY: Down on the lower level, everything 4 underneath the older portion of the courthouse is not A.D.A. 5 compliant, so that's out. We could build some cubicles in 6 the open area where you get off the elevator down in the 7 lower level, and we've looked at that. 8 COMMISSIONER BALDWIN: Yeah. 9 JUDGE TINLEY: We actually looked at that. Be kind 10 of chopped up, and no question about whether it would be 11 accessible off the elevator, but it would be an extra effort 12 for especially disabled veterans to get there. But -- 13 COMMISSIONER LETZ: There's space in the Clerk's 14 office, evidently, that could be used for a V.S.O. 15 MS. PIEPER: Hmm-mm. I won't go for that. 16 COMMISSIONER LETZ: I'm not saying you have any 17 choice, Jannett. If we realign the courthouse, we may 18 shorten your space. If you don't need the space, and we need 19 it for other departments, we can move you over a little bit. 20 I'm not saying it has to be done; I'm just saying that corner 21 isn't yours regardless of what your staffing levels are. 22 It's our decision, I believe, how things are moved around. I 23 mean, you're willing to take the space to get more employees 24 in a department, so why not take the space to use for a 25 V.S.O.? I'm -- you know, don't say the space isn't 3-25-13 87 1 available. 2 MS. PIEPER: I'm not comfortable giving another 3 department a key to my office that I'm not in charge of. 4 COMMISSIONER LETZ: Okay. Well, that's just saying 5 we're going to shrink your office size then, not saying space 6 isn't available. 7 MS. LAVENDER: I'm just going to add one thing. 8 Wherever you put it, it's going to have to be HIPAA- 9 compliant, and that's records storage that has to be where no 10 one else has access to it, like our indigent health is and 11 our victims services system is, that the key is an issue, 12 because you're going to have to have security. The other 13 issue I would worry about in the County Clerk's office is the 14 accessibility issue for people on crutches and walkers, and 15 with limb -- limbs missing, having to go behind the counters 16 and wind back into that area. And that -- that would have to 17 be addressed in the deal, is the accessibility of any -- any 18 place you put them is going to have to be an accessible area. 19 JUDGE TINLEY: Well, it's out there. We can ponder 20 that. Give us all something to think about -- 21 COMMISSIONER MOSER: Good discussion. 22 COMMISSIONER BALDWIN: Maybe we -- 23 JUDGE TINLEY: -- in hours when we can't sleep. 24 COMMISSIONER BALDWIN: Maybe we can move the 25 Auditor's office down below us, and then move -- move the 3-25-13 88 1 V.S.O. into the Auditor's -- 2 JUDGE TINLEY: That's a great plan. I hadn't 3 thought of that one. 4 COMMISSIONER BALDWIN: See there? Nothing to it. 5 Let me ask you one more question. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER BALDWIN: Have you, or do you intend 8 to visit with the other judges about all this? I mean, 9 they -- well, they have a little skin in the game. I think 10 it would be a -- 11 COMMISSIONER LETZ: Spencer does. 12 COMMISSIONER BALDWIN: Yeah. So do those guys 13 upstairs, too. 14 JUDGE TINLEY: When it comes to the actual 15 functioning of -- of setting up the collections, that's a 16 function that is integrated as between the Court and the 17 employees -- 18 COMMISSIONER BALDWIN: It sounds -- 19 JUDGE TINLEY: -- that are performing that 20 function. 21 COMMISSIONER BALDWIN: I'm talking about a 22 courtesy, that's all. A simple -- 23 JUDGE TINLEY: I've not talked to them. I have no 24 intention at this point to talk to them. 25 COMMISSIONER BALDWIN: Well, I do. 3-25-13 89 1 JUDGE TINLEY: Okay. 2 COMMISSIONER BALDWIN: I guarantee you, because 3 it's -- I mean, they're part of the deal, and they need to be 4 talked to, just out of a courtesy, if nothing else. 5 Absolutely. Okay. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER BALDWIN: I'm through. 8 JUDGE TINLEY: All right. Let's go to Item 9; 9 consider, discuss, take appropriate action on adding a wall 10 in the main office at the Animal Control Department for 11 security reasons, as well as the safety of the public and 12 staff. Ms. Fegenbush? You and Mr. Bollier got this one. 13 MS. FEGENBUSH: Yes, sir. I've put on the agenda 14 this morning to consider and discuss adding a wall in the 15 main office at Animal Control for security reasons, as well 16 as the safety of the public and staff. As of right now, the 17 main office at Animal Control is one big, open room. For 18 those of you that have been there, you know that when you 19 walk into the office, there is a front desk, but nothing to 20 stop you from walking straight to the back if you want to. 21 The concern that we have is that we have no way of 22 controlling who enters and when. Most of the other county 23 offices have some way to control who enters their office and 24 when they allow them to go in. We have started a sign-in 25 sheet so that we can be more aware of who is entering. This 3-25-13 90 1 helps a little, but does not stop the public from entering on 2 their own. As I'm sure you are all aware, we deal with irate 3 public on a regular basis. These people are generally not 4 happy about having to come in and pay the fee to pick up 5 their dogs. There has been times where we have had to call 6 the police department or the sheriff's department to assist 7 us whenever we have someone who comes in who is very 8 difficult to handle. 9 The problem is, we have the public entering on 10 their own, walking straight through to the back, as well as 11 having direct contact with the person at the front desk, and 12 nothing to protect them if this person wants to become 13 hostile. My plan is to build a partition wall that would 14 block off access to anyone who enters the office. Upon 15 entering, we would ask that person to sign in, and then they 16 would be escorted to the kennel or cat room. The partition 17 at the time would help, because if the person in the office 18 was the only person up front, she would escort them to the 19 kennel where the kennel attendants would take over, and the 20 office person would return. If anyone entered during the 21 time that the office person was escorting someone back, they 22 would simply wait briefly until she returned. Right now, if 23 someone comes in while she's escorting someone to the back, 24 that person has free access to the entire office, and usually 25 goes back into the kennel on their own. 3-25-13 91 1 It is hard to keep up with who all is entering the 2 building at this point, because people can sneak past you. 3 Also, this wall would block off the public access to the 4 officers' office, as well as the back bathroom. The bathroom 5 is not equipped with handicapped rails, and therefore not 6 suitable as a public restroom anyway. We have a sink in the 7 back where the public can still wash their hands as they 8 leave, as well as having hand sanitizer mounted on the wall 9 as they exit. The wall will give the offices a little more 10 space and privacy, where they can have a small break table 11 that would not be visible in a spot where they can take their 12 lunch if they so desire. As of right now, they do not have a 13 break room, and must eat at their desk if they wish to eat 14 lunch at the shelter. Tim and I have discussed what it would 15 take to build the partition, and we agree that it is a very 16 important addition. In the end, the ultimate goal is to have 17 a partition wall that will keep the public, as well as the 18 office staff, safe. I have given you each a layout that Tim 19 and I have put together. I think this will be a great step 20 forward for Animal Control, and hope that you will agree with 21 Tim and I. 22 COMMISSIONER OEHLER: I believe it is something 23 that's needed, because they've had a problem with people just 24 walking in and going, like she says, straight on back to the 25 animal cage. They don't know who's in there at times because 3-25-13 92 1 they're busy doing other things. It's not an expensive 2 thing; you can do that. It's just another one of those deals 3 where you control access to the area. They need to know if 4 somebody's coming or going. 5 COMMISSIONER LETZ: I agree totally; we need to do 6 something like this. If this is the right plan, that's fine. 7 I think the -- some of the -- some of the safety issues we 8 have out there we looked at not long ago, and this is needed. 9 JUDGE TINLEY: Tim, all of these items are -- the 10 vast majority are something that your in-house people can do? 11 MR. BOLLIER: Yes, sir. 12 JUDGE TINLEY: Okay. 13 MR. BOLLIER: This is -- we're not talking about a 14 lot of work here. We're talking about -- what do you have? 15 -- like, 26 feet of wall, period, for both walls. And we're 16 just going to -- we're going to try to move her counter back 17 a little bit so they have a little more space here. And 18 other than that, we're just going to put two walls, a door, a 19 door, and -- and on the front of the counter, as you walk up 20 to where their counter is, there's going to be a wall here 21 and here. We're just going to add a little piece, and we're 22 going to put a piece of glass there to where they -- and with 23 a voice box and a little opening here so they can slide their 24 paper in, so people can't reach in and get to them. I just 25 happened to be out there the day -- the day that one irate 3-25-13 93 1 person was there, and I wouldn't put up with that for a 2 minute. That's not -- that's not cool. I mean, I was 3 sitting over -- I was just there. I just happened to be 4 there, 'cause I was out there helping her do some things, and 5 this guy walked in and he went -- I mean, he was saying some 6 stuff he shouldn't be saying. That's all I got to say about 7 it. 8 COMMISSIONER BALDWIN: Tim, do you have the money 9 to do it in your budget? 10 MR. BOLLIER: Yes, sir. It's not going to be that 11 much money. 12 COMMISSIONER BALDWIN: Well, I understand. 13 MR. BOLLIER: Yes, sir. 14 COMMISSIONER BALDWIN: That's all I need to know. 15 MR. BOLLIER: Charity's got a little money too, so 16 we'll fix it. We'll get there. 17 COMMISSIONER OEHLER: I move approval of the agenda 18 item. 19 COMMISSIONER BALDWIN: Second. 20 JUDGE TINLEY: Motion made and seconded for 21 approval of the agenda item. Question or discussion? All in 22 favor, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 3-25-13 94 1 JUDGE TINLEY: Motion carries. Thank you. Let's 2 go to Item 12; to consider, discuss, take appropriate action 3 to surplus five vehicles to be used as trade-in material on 4 four new Tahoes. 5 SHERIFF HIERHOLZER: Do you want to call 13 at the 6 same time, Judge? 7 JUDGE TINLEY: No. 8 SHERIFF HIERHOLZER: They kind of go together, 9 trading some for other ones, but it's up to you. Okay, I 10 gave you some backup on which vehicles we're getting -- we 11 would like to surplus, to get rid of. It is five vehicles. 12 To give you a little bit of an idea, one's a 2008 Crown Vic, 13 93,324 miles on it. They're only offering us $3,000 14 trade-in. The 2008 Chevrolet Tahoe, 135,727 miles, $8,500 15 trade-in. 2008 Chevrolet Tahoe, 110,396 miles, $10,000 16 trade-in. 2009 Crown Vic, 167,755 miles, $2,200 trade-in, 17 and 2009 Crown Vic, 143,863, for a $2,750 trade-in. Total 18 trade-in allowance is going to be about $26,450. One thing I 19 did notice, and we talked to the dealership about, and it's 20 something that's kind of food for thought for in the future. 21 If you'd -- of course, the Tahoe trade-in, even when we went 22 to Tahoes, we all knew the trade-in value would be a lot more 23 than what we're getting on Crown Vics, and I agree there. 24 But the cutoff on the 2008 Tahoe that's got 135,000 miles on 25 it, we're getting $8,500, but on the 2008 same year model 3-25-13 95 1 Tahoe with 110,000 miles on it, we're getting $10,000. Right 2 at $10,000 is where the -- or 110,000 miles is where the 3 trade-in value drops drastically. And just for future 4 thought, if we can keep our trade-ins around that 110,000 5 miles, you know, we'll be able to get a lot better trade-in 6 value. But on this, I'm wanting to purchase four newer 7 Tahoes. It's already in the capital -- 8 JUDGE TINLEY: I haven't called that, Sheriff. 9 SHERIFF HIERHOLZER: Well, I'm trying to -- 10 COMMISSIONER BALDWIN: Rusty, these Crown Vics, is 11 this the end of the Crown Vics? 12 SHERIFF HIERHOLZER: No. 13 COMMISSIONER BALDWIN: There's three here in this 14 bunch. 15 SHERIFF HIERHOLZER: There still will be a couple 16 in the jail. 17 COMMISSIONER BALDWIN: Oh, okay. 18 SHERIFF HIERHOLZER: For civil and warrants and all 19 them, just to get them out of there, and we'll still need a 20 couple in the jail. 21 COMMISSIONER MOSER: I heard you say that, you 22 know, 110,000 is kind of where the break starts -- 23 SHERIFF HIERHOLZER: Yeah. 24 COMMISSIONER MOSER: -- on trade-in value, but 25 110,000 is not a lot of mileage on a vehicle. 3-25-13 96 1 SHERIFF HIERHOLZER: 110,000 on a police car is an 2 extreme amount of mileage, just 'cause of the type of wear 3 and tear that a police package car goes through. And we're 4 not talking a civilian car; we're talking a police package 5 that has to be able to drive 110 miles an hour and stay in 6 top shape, and that's when you really start losing -- you 7 know, D.P.S. used to have a policy that said 75,000, is when 8 they traded all theirs in. They've gone up now to about 9 80,000 to 85,000. 10 COMMISSIONER MOSER: Good point. 11 SHERIFF HIERHOLZER: It's the type of driving. 12 COMMISSIONER BALDWIN: My mind just goes back to 13 Sheriff Greeson back then, how he -- how he conducted this 14 automobile thing. He was -- if they didn't have 500,000 15 miles on them, he didn't want anything to do with it. 16 SHERIFF HIERHOLZER: When I took office, Buster -- 17 COMMISSIONER BALDWIN: That's the smallest number. 18 SHERIFF HIERHOLZER: If you'll remember, when I 19 took office, Buster, as Sheriff, one of the things that was 20 occurring is somebody left the office in a patrol vehicle, 21 turned onto Clearwater Paseo, and the front wheel fell off. 22 That's the type of vehicles we had back then, so this Court 23 has done a lot in helping us upgrade and keep our vehicles 24 safe and from being a danger for officers to drive. 25 COMMISSIONER BALDWIN: Judge, I move for approval 3-25-13 97 1 of this agenda item. 2 COMMISSIONER LETZ: Second. 3 JUDGE TINLEY: Motion made and seconded for 4 approval of the agenda item. Question or discussion? All in 5 favor, signify by raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: Motion carried. Let me call Item 13 10 now; to consider, discuss, and take appropriate action 11 regarding purchase of four 2013 Chevrolet Tahoes. 12 SHERIFF HIERHOLZER: Okay. The backup I gave you 13 actually showed the purchase price being $158,644, and then 14 you would take the trade-ins off of that. Clay had forgot to 15 add in some of the decaling and what we would reuse, and 16 we're reusing some of the equipment in the old ones. So, the 17 purchase price comes to 158,784, and then you minus the 18 26,450, for a total cost of $132,334 for the four Tahoes. 19 Now, the other thing that we are doing, of course, this is in 20 the -- in the capital fund. But outside of this, just for a 21 note, I've always told you that this Court -- that I will try 22 and put any new vehicles this Court gives us on patrol, and I 23 think I've done pretty well with that for the last 13 years 24 now. And, again, we're trying to do that. The vehicle that 25 I have, and the department that gets the most mileage every 3-25-13 98 1 year is my transport vehicle, and that averages about -- 2 almost up to 90,000 miles a year on that one vehicle. We are 3 replacing it with other funds that are not taxpayer dollars. 4 I also am going to replace it with a new Chevrolet Caprice, 5 okay. It is a -- they call it a detective model. It doesn't 6 have all the police package, but yet it has a larger back 7 seat where I can put a cage and hold prisoners. We're paying 8 26,441 for that. So, you're approving the four vehicles, the 9 four new Tahoes to come out of the capital fund, and I'm 10 spending other money for the Caprice, so we're going to be 11 replacing five vehicles. 12 COMMISSIONER BALDWIN: So, when you say here that 13 is to be paid out of capital outlay, you mean capital funds? 14 SHERIFF HIERHOLZER: It's actually the capital 15 funds that y'all did last year, where you gave me, for a 16 total of five years, 500,000. I asked for a million so we 17 could replace six a year, but you gave us -- you cut it in 18 half, gave us $500,000 to attempt to last five years and 19 replacing vehicles. This is -- we didn't replace any last 20 year. I need to replace these now. And next year, we're 21 still trying to work out the dollar amounts to make sure it 22 all still works. 23 COMMISSIONER BALDWIN: Do you think it's going to 24 work for five years? 25 SHERIFF HIERHOLZER: No. No, there's -- there's a 3-25-13 99 1 couple years -- what's going to catch us is -- and why we're 2 trying to do this is, if you'll remember, we -- we purchased 3 15 in one year. 4 COMMISSIONER BALDWIN: Yeah. 5 SHERIFF HIERHOLZER: Okay. And we have a lot of 6 those that's going to hit us, and that's what we're trying to 7 work through. Clay's worked on it for a week, put out 8 spreadsheets bigger than that table on where the mileage is 9 going to end, attempting -- but there's going to be a couple 10 years that we really need to go to six vehicles in there 11 probably to be able to get to it. 12 COMMISSIONER LETZ: Sheriff, on that note, if -- I 13 mean, if you know that's going to be a situation, and I saw 14 the Auditor nod her head in agreement, I -- I'm not saying 15 we're going to fund it in this year's budget, but put them on 16 the list. Start now, so that if we can figure out a way to 17 do it, we can ease it in, so we don't get hit in three years 18 with all these vehicles at one time. 19 SHERIFF HIERHOLZER: Yes, sir. 20 COMMISSIONER OEHLER: We don't want to get 15 in 21 one year. 22 SHERIFF HIERHOLZER: Yeah, I will. 23 JUDGE TINLEY: 'Cause the answer will probably be 24 at that time -- if you don't -- 25 SHERIFF HIERHOLZER: No. 3-25-13 100 1 JUDGE TINLEY: -- adjust that, the answer is going 2 to be no, except for maybe a few of them. 3 SHERIFF HIERHOLZER: No, we're working on that so 4 that we can let y'all know where we're going to have to go to 5 get through with all -- the best way that we can get around 6 everything. 7 COMMISSIONER MOSER: Who -- who maintains your 8 vehicles? 9 SHERIFF HIERHOLZER: We do most of our maintenance 10 over at Krauss Garage. They've had the kind of deal on that 11 for -- just about ever since I've been -- 12 JUDGE TINLEY: Long time. 13 SHERIFF HIERHOLZER: -- took office, or even way 14 before then. Everything is computerized. We maintain the 15 oil changes. He -- you know, they don't change tires until 16 he recommends it, and everything is done -- there's an actual 17 printout on every car, and I have one person in-house that 18 keeps up with all the vehicle records. 19 COMMISSIONER MOSER: So there's a flag when 20 maintenance needs to be done? 21 SHERIFF HIERHOLZER: Oh, yes. Yeah, there's 22 monthly vehicle logs that have to be turned in every month on 23 every vehicle. 24 COMMISSIONER MOSER: Okay. 25 COMMISSIONER BALDWIN: So, the funds are in this 3-25-13 101 1 capital fund? 2 COMMISSIONER LETZ: Right. 3 SHERIFF HIERHOLZER: Correct. 4 COMMISSIONER BALDWIN: I move for approval. 5 COMMISSIONER LETZ: Second. 6 COMMISSIONER MOSER: Second. 7 JUDGE TINLEY: Motion made and seconded for 8 approval of the agenda item. Any further question or 9 discussion on the agenda item -- on the motion? 10 SHERIFF HIERHOLZER: One thing we will be doing is 11 ordering two at a time, because we've got to strip equipment 12 out of them, and I don't have enough do all that shuffling. 13 And so you'll see where we ordered two, and then after that 14 gets done, we'll order the other two. 15 JUDGE TINLEY: Further question or discussion on 16 the motion? All in favor, signify by raising your right 17 hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: Motion carries. Let's go to Item 22 15; to consider, discuss, take appropriate action to approve 23 lease agreement for Xerox copier in the Tax Assessor's office 24 and allow Judge Tinley to sign the contract. You reviewed 25 it. It's the -- 3-25-13 102 1 MR. HENNEKE: The Buy Board agreement from the 2 state procurement. 3 JUDGE TINLEY: Subject to appropriation, standard 4 language for local government? 5 MR. HENNEKE: Yes, sir. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER MOSER: So moved. 8 COMMISSIONER LETZ: Second. 9 JUDGE TINLEY: Motion made and seconded for 10 approval. Question or discussion? 11 COMMISSIONER LETZ: It's in the budget, I presume? 12 COMMISSIONER OEHLER: Yeah. 13 COMMISSIONER MOSER: It is. We're saving money. 14 MS. HARGIS: Actually going down. 15 COMMISSIONER OEHLER: It's less than what we 16 budgeted. 17 JUDGE TINLEY: Any other question or discussion on 18 the motion? All in favor, signify by raising your right 19 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, take appropriate action to sponsor a 25 Weight Watchers at Work program for Kerr County employees. 3-25-13 103 1 This is a benefit offered through our Healthy County program. 2 Ms. Lantz? 3 MS. LANTZ: This is a program through our Healthy 4 County program which has been offered to Kerr County and the 5 other counties. I've had several employees come and ask if 6 we could get this program started here within Kerr County. 7 However, it will be after hours; it will not conflict with 8 working hours. We have someone that will come and do the 9 program for us with Weight Watchers, a leader. The employee 10 who does participate, if we get enough participation, will 11 receive an 80 percent reimbursement once they've completed 12 the program, so there'll be an initial payout from the 13 employee, which doesn't count towards any county money. 14 However, if they finish the program, the 12-week program 15 which we're asking to do, then they can see a reimbursement 16 of some of their funds. And I believe in the packet, there's 17 a little attachment that was written up as far as how the 18 program works. One of the other concerns we had was meeting 19 here at the courthouse after hours, and I believe Cindi had 20 contacted Sheriff Hierholzer. We would meet down in the 21 lobby, lower level by the elevator, where we'd only have 22 access to the magnetic doors once they're out. H.R. will be 23 responsible that nobody's gone upstairs or out through the 24 building, and make sure the building's secure when we left. 25 JUDGE TINLEY: What is the going-in cost on this? 3-25-13 104 1 MS. LANTZ: Through TAC, I believe it is a hundred 2 and -- $156 for a 12-week program. And if we have at least 3 15 employees who sign up, each employee who makes the total 4 12-week program, they'll be reimbursed from TAC $125 for 5 their participation. 6 JUDGE TINLEY: What we're talking about, 156 or 7 whatever, that's per employee? 8 MS. LANTZ: Per employee, but that's out of their 9 own pocket. 10 JUDGE TINLEY: Okay. So, the County's not funding 11 any money on this; the participants that want to be involved 12 in it, they pay the fee. 13 MS. LANTZ: Yes. 14 JUDGE TINLEY: With the carrot in front of them 15 that if they complete the 12-week program -- 12-week program, 16 and there's enough participation, they'll get -- 17 COMMISSIONER OEHLER: All but 30 bucks back. 18 JUDGE TINLEY: -- pretty close to full 19 reimbursement. 20 MS. LANTZ: Yes. 21 COMMISSIONER MOSER: So why is action needed by the 22 Court? 23 MS. LANTZ: Just to approve that we can have it in 24 the courthouse after 5:00 to meet. 25 COMMISSIONER MOSER: Okay, got you. 3-25-13 105 1 SHERIFF HIERHOLZER: The biggest issue there is -- 2 they called me. As long as they -- I don't want to have to 3 have a security person at the courthouse during that time 4 period. As long as they take responsibility of locking back 5 up and keeping track like they do, then they will be fine. 6 Otherwise, I'm going to be paying overtime to somebody to -- 7 JUDGE TINLEY: We have a motion and a second. 8 THE REPORTER: I'm sorry, I didn't hear that. 9 COMMISSIONER OEHLER: I got the second. 10 COMMISSIONER LETZ: I had the motion. 11 JUDGE TINLEY: Letz, motion. Oehler, second. 12 THE REPORTER: You know, that's what happens when 13 two people speak at the same time; something gets missed. 14 COMMISSIONER BALDWIN: Sounds like a little bit of 15 anger here. 16 JUDGE TINLEY: Yeah. Need to get her bucket of 17 rocks out. Okay. Any further question or discussion on the 18 motion? All in favor of the motion, signify by raising your 19 right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: The motion carries. 24 COMMISSIONER BALDWIN: Is that -- that's different 25 from the -- your program last year? 3-25-13 106 1 MS. LANTZ: Sonic Boom? Or -- 2 COMMISSIONER BALDWIN: Yeah. 3 MS. LANTZ: However, Sonic Boom is going to be 4 starting up as well. So, the incentive this year with our 5 Sonic Boom, which ties into the Weight Watcher deal, is that 6 if all the employees -- if we can get a large number of 7 employees to participate, the employees will get a $50 gift 8 certificate, as well as the County will get $50 per 9 individual that participates. 10 COMMISSIONER BALDWIN: Wow. 11 MS. LANTZ: So, last year, I believe we got a total 12 of $2,400 through our Healthy County as a reward, where this 13 year we may get a lot more. 14 COMMISSIONER BALDWIN: That's fantastic. Good. 15 JUDGE TINLEY: Anything else on that item, 16 gentlemen? Let's go to Item 18, which is on your -- excuse 17 me, I think we got an Item 17. 18 COMMISSIONER MOSER: We do. 19 JUDGE TINLEY: Item 17, which is on your first 20 addendum; to consider, discuss, and take appropriate action 21 regarding a starting salary for a new employee in the County 22 Clerk's office that's transferring from another Kerr County 23 department. Is that something that totally needs to be in 24 executive session? 25 MR. HENNEKE: I think it was noticed out of an 3-25-13 107 1 abundance of caution, but 17 and 18 are the same issue, and 2 without -- without mentioning any employees' names, I think 3 we can just take care of it right now. 4 JUDGE TINLEY: Okay. Since we're dealing with a 5 common issue, let me go ahead and call 18; consider, discuss, 6 take appropriate action regarding a starting salary for a new 7 employee in the District Clerk's Office that's transferring 8 from another Kerr County department. 9 MS. LANTZ: Basically, what has happened is when 10 both offices came to the Court, they asked for approval to 11 hire a position, one at a 14.1 and the other one at a 15.1. 12 Both employees are transferring within the county to a 13 different department, and basically, each office -- County 14 Clerk had requested if the employee could keep the longevity. 15 We tried to have the employee keep their longevity, because 16 they are still currently county employees, where they don't 17 lose their years of service. I did look at the budget line 18 item, and there's no cost difference by doing this. One of 19 the employees is transferring in actually at a lower level, 20 so is going from an 18.5, is starting in the Clerk's office 21 at a 14, so she's taken a drastic pay cut, and if we're able 22 to let her keep her longevity for the years of service she 23 has, it's still a major pay cut, but at least she's able to 24 stay on pay scale with her years of service. 25 COMMISSIONER LETZ: So she goes in as a 14.5? 3-25-13 108 1 MS. LANTZ: Three. 2 COMMISSIONER LETZ: Three. 3 JUDGE TINLEY: What does our personnel policy 4 state, if anything, with regards to this? I know we've got a 5 policy about retiring and break in service, and it can't be 6 longer than -- 7 MS. LANTZ: There's been no break in service for 8 any of these, so as far as the rules go within our policy, 9 they can transfer over, and we're just requesting the 10 approval through the Court. Now, if there had been a break 11 in service, then it would start all over at a 14.1, but 12 there's been -- it's continual; there's no break. 13 JUDGE TINLEY: Essentially, what you're saying is 14 the policy authorizes the transfer of that longevity as long 15 as they're not in violation of the "break in service" rule. 16 MS. LANTZ: And it's a budgeted item. 17 JUDGE TINLEY: Okay. 18 MS. LANTZ: And the funds in both departments are 19 there for that. 20 COMMISSIONER BALDWIN: Can I ask where they're 21 coming from? 22 MS. LANTZ: The Sheriff is losing an employee to go 23 to -- 24 SHERIFF HIERHOLZER: I think there needs to be a 25 policy, they need to quit stealing from my department. 3-25-13 109 1 COMMISSIONER OEHLER: Then you have one. 2 MS. LANTZ: The Clerk lost an employee to go to the 3 District Clerk's office, and Rusty lost one to go to the 4 Clerk's office. So, there's a higher pay at the Sheriff's 5 Office than what the Clerk -- 6 COMMISSIONER BALDWIN: There's higher everything 7 out there, but -- 8 JUDGE TINLEY: But they're leaving higher pay 9 for -- for at least something that's perceived as better. 10 COMMISSIONER BALDWIN: And then going to the 11 Clerk's office, and then there's one from the Clerk's office 12 leaving there, going upstairs. 13 MS. LANTZ: District Clerk's Office. 14 COMMISSIONER LETZ: On this one, I move approval. 15 COMMISSIONER MOSER: Second. 16 COMMISSIONER OEHLER: Second. 17 JUDGE TINLEY: Are you talking about 17 or 18? 18 COMMISSIONER LETZ: Well, I guess this is 17. 19 JUDGE TINLEY: Item 17, we have a motion for 20 approval. 21 COMMISSIONER MOSER: And a second. 22 JUDGE TINLEY: And a second. Motion and a second. 23 Further -- further question or discussion on that particular 24 motion dealing with Item 17? All in favor of the motion, 25 signify by raising your right hand. 3-25-13 110 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: Motion carries. 5 COMMISSIONER LETZ: And on 18, the person goes in 6 at a -- at what? 7 MS. LANTZ: Well, the position from the Clerk's 8 office was an 18.5/3. She's going to go in at a 14.3. 9 COMMISSIONER LETZ: Move approval. 10 COMMISSIONER OEHLER: Second. 11 MS. LANTZ: And that was the Clerk's office. And 12 then the other one was the -- the District Clerk's office. 13 Is that the question you had? They're going in at a 15.3, 14 and from a 14.3. 15 COMMISSIONER LETZ: I think -- you lost me. 16 JUDGE TINLEY: You want her to repeat that? 17 COMMISSIONER LETZ: Yeah. 18 MS. LANTZ: Okay. District Clerk's office, their 19 starting is a 15.1. 20 COMMISSIONER LETZ: Okay. 21 MS. LANTZ: The clerk moving from the County 22 Clerk's office was at a 14.3, so she'll be taking her 23 longevity with her at a 3, so she'll start at a 15.3 in the 24 District Clerk's office. 25 COMMISSIONER LETZ: So, 14.3 to a 15.3? Okay. 3-25-13 111 1 COMMISSIONER BALDWIN: And that's no increase? 2 MS. LANTZ: $58 increase in pay, but it is budgeted 3 in the budget. 4 COMMISSIONER MOSER: Motion still stand? 5 COMMISSIONER LETZ: Yes. 6 COMMISSIONER OEHLER: Second still goes. 7 JUDGE TINLEY: We have a motion and a second for 8 approval of Item 18, as detailed by Ms. Lantz. Question or 9 discussion? All in favor, signify by raising your right 10 hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: That motion carries. Okay. Let's 15 go to Section 4 of the agenda, payment of the bills. 16 COMMISSIONER LETZ: Move we pay the bills. 17 COMMISSIONER MOSER: Second. 18 JUDGE TINLEY: Motion made and seconded to pay the 19 bills. Question or discussion? All in favor, signify by 20 raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: The motion does carry. On budget 25 amendments, I've been presented with a Budget Amendment 3-25-13 112 1 Request Summary for budget amendments numbers 1 through 5. 2 COMMISSIONER BALDWIN: I understand number 5. I 3 don't understand the first four, if that's any of our 4 business. 5 MS. HARGIS: They basically are making the -- the 6 board that is responsible for the forfeiture funds approve 7 these amendments, and I'm just taking them through the Court. 8 They are one-sided amendments. They are actually moving the 9 salary from the forfeiture money up to the other -- where 10 they originally had an assistant prosecutor, they weren't 11 spending any money, so they're not actually adding. That's 12 just the amount that they want. And then the -- the other 13 is -- is where they're taking it from, so it's kind of a move 14 from one fund to the other. But they got permission from the 15 legislative board that's in front of them, but I put it in 16 front of the Court so that we're all aware of it. And 17 they're one-sided entries, which is a little odd, but we have 18 to make the budget amendment 'cause it wasn't there. The 19 assistant D.A.'s salary was actually budgeted, but he wasn't 20 taking them out of that spot, so we're moving them from one 21 to another. It's actually saving them money in the long run, 22 what they're doing. And the -- on Item Number 5, that was 23 actually approved by Juvenile Probation Board. 24 JUDGE TINLEY: Clear as mud, right, Commissioner? 25 COMMISSIONER BALDWIN: Yeah. Well, thank you for 3-25-13 113 1 the update -- the information. I don't suppose we're going 2 to vote on it, are we? 3 MS. HARGIS: Well, I'd like for the Court to know 4 the amendments that go through, even if they're on the other 5 departments, because we are responsible for taking care of 6 these funds, so I'd like for you to at least have the 7 knowledge of them being done. 8 COMMISSIONER LETZ: Maybe -- 9 COMMISSIONER BALDWIN: Are we going to vote? Do 10 you want us to vote on them? 11 COMMISSIONER MOSER: Acknowledge receipt? 12 COMMISSIONER BALDWIN: If we vote on them, then I 13 want to know all the details. 14 MS. HARGIS: Well, I mean, I can give you all the 15 details, but, I mean -- 16 COMMISSIONER BALDWIN: Oh, no. No, thanks. 17 JUDGE TINLEY: Yeah. 18 COMMISSIONER LETZ: Just so I understand it a 19 little better, 'cause I really -- I heard what you said, but 20 it didn't make a bit of sense to me. 21 MS. HARGIS: All right. Basically, what happened 22 is -- 23 COMMISSIONER LETZ: Start on one line item; take 24 the first one. 25 MS. HARGIS: Item Number 1. 3-25-13 114 1 COMMISSIONER LETZ: Okay. 2 MS. HARGIS: Item Number 1 was originally in this 3 fund, in 95. 4 COMMISSIONER LETZ: Okay. 5 MS. HARGIS: We're removing it from 95 and taking 6 it to their regular fund, which is 84. 7 COMMISSIONER LETZ: I don't see an 84 on here. 8 That's my question. That's why I'm -- 9 MS. HARGIS: Because we're not taking any money 10 from 84; we're actually just dissolving the budget here. The 11 budget -- there is a budget line item in 84 for all of these 12 moneys. But when the original -- when the election occurred, 13 there was no assistant prosecutor hired. This was a third 14 attorney that they had -- they were using in Fund 95. Now he 15 has declared her as assistant prosecutor and moved her to 84, 16 where there is already a budget -- there's already a budget 17 in that line item. We don't need to create another budget 18 line item in 84. 19 COMMISSIONER LETZ: So -- so this 49,5 is budgeted 20 twice, once in Fund 95 and once in Fund 84? The same amount 21 of money? 22 MS. HARGIS: There were two attorneys budgeted, 23 yes. This was the third attorney, which will be no longer, 24 so we're just zeroing it out. 25 COMMISSIONER LETZ: I guess I don't see how it's 3-25-13 115 1 zeroed out when it's -- the way it's written. 2 MS. HARGIS: 49,5 is in there right now. 49,5 3 comes out; it zeros it out. We have to leave what they 4 already put in there, which was the first six months of the 5 year. 6 COMMISSIONER LETZ: We don't care where it's going? 7 Wouldn't it make more sense if you -- if there was a "to"? 8 At least there was something written there where -- 9 COMMISSIONER MOSER: That says "to." 10 MS. HARGIS: Okay. I mean, I can change it. It 11 just -- it's not going to make -- 12 COMMISSIONER LETZ: From, to. 13 MS. HARGIS: Doesn't work that way. 14 COMMISSIONER LETZ: I know it doesn't make any 15 difference. You don't have to put a fund number there. You 16 can just say -- it seems it's got to go somewhere. 17 MS. HARGIS: Well, in a budgeted line item, keep in 18 mind, gentlemen, what you're doing is reducing the budget 19 here. So, by reducing the budget, you're eliminating these 20 line items so that they can't use these line items for 21 another attorney. And that's what they're doing. 22 COMMISSIONER LETZ: So, I guess -- so the funds are 23 just going into the fund balance? 24 MS. HARGIS: The -- the remaining part of the 25 budget, if they don't use it, will go in their forfeiture 3-25-13 116 1 funds there. This is their forfeiture money. 2 COMMISSIONER LETZ: Right. 3 COMMISSIONER OEHLER: This should help pay for some 4 of the -- 5 MS. HARGIS: This is going to help pay for their 6 building. 7 COMMISSIONER LETZ: Well, to me, it would be 8 clearer if it said -- 9 COMMISSIONER MOSER: I agree. 10 COMMISSIONER LETZ: -- in the "to" category -- just 11 say, "Balance to remain in Fund 95." That's just -- just me, 12 but, you know -- 13 MS. HARGIS: Really -- 14 COMMISSIONER MOSER: Something in "to," yeah. 15 MS. HARGIS: Keep in mind, it's a budget; it's not 16 funds. 17 COMMISSIONER LETZ: I know. 18 COMMISSIONER MOSER: You have a "to" item. You 19 said "from-to," and "to" is empty. It doesn't say where it 20 goes. 21 COMMISSIONER LETZ: And "from" goes to zero. 22 MS. HARGIS: It's not going anywhere. 23 COMMISSIONER MOSER: Take "to" off, then. 24 COMMISSIONER LETZ: "From" goes to zero. So, it 25 just -- funds stay -- I mean, the dollars stay in that fund. 3-25-13 117 1 COMMISSIONER MOSER: Job security for accountants. 2 COMMISSIONER OEHLER: But they're not in the line 3 item for assistant. 4 COMMISSIONER LETZ: I understand -- I understand it 5 now. I just think the paper doesn't reflect that. And if 6 we're going to vote on it, I agree with Buster that it's got 7 to be clear. If we don't vote on it, I'm glad you told us. 8 MS. HARGIS: Let me work on being creative. But I 9 can't take it to 84, because 84 already has a budget. 10 COMMISSIONER LETZ: I know. Maybe we can put a 11 note under the "to." 12 MS. HARGIS: All right, we can do that. 13 JUDGE TINLEY: It would seem that the request 14 number 5 is an ordinary request that doesn't involve the 15 198th D.A.'s office dealing with forfeiture funds. In 16 essence, moving funds from alternate housing to medical. 17 MS. HARGIS: And that is a problem that we are 18 dealing with right now. We're using a lot of housing and a 19 lot of medical. Kevin's also using a lot of medical. So, 20 F.Y.I., we may have to come up with some more medical here in 21 these line items. 22 COMMISSIONER LETZ: Is this -- 23 MS. HARGIS: This is Juvenile Probation. 24 COMMISSIONER LETZ: But this is inmate medical? 25 Or -- 3-25-13 118 1 MS. HARGIS: This is the -- 2 COMMISSIONER LETZ: -- staff medical? 3 MS. HARGIS: This is the children. 4 COMMISSIONER LETZ: Okay. Inmate, I guess. 5 JUDGE TINLEY: Resident. 6 COMMISSIONER LETZ: Resident, I'm sorry. Resident 7 medical, okay. 8 JUDGE TINLEY: Little darlings. 9 COMMISSIONER LETZ: I didn't think "inmate" was the 10 right term, but -- 11 COMMISSIONER BALDWIN: And then again, this issue 12 is made by the Juvenile Board. Again, not this Court. 13 MS. HARGIS: Right. Again, it's for information 14 purposes. 15 COMMISSIONER LETZ: We do approve their budget, 16 don't we? 17 MS. HARGIS: We approve their budget, but if they 18 have to come back, which they may have to do, which is kind 19 of unusual, to ask for funds -- you know, they did that when 20 I was first here on housing, as you recall. They ran out of 21 housing money. They're not getting as much money, remember, 22 any more from the State, so it's a problem. I think -- you 23 know, I think our case load is -- is maybe a little lower, 24 but the cases that we're getting are -- are more severe, so I 25 think that's where we're coming from. So, we want to bring 3-25-13 119 1 the budget amendments for all funds to the Court, because 2 rather -- even though you don't have to vote on them, you 3 need to be aware of them. 4 COMMISSIONER LETZ: Okay, thank you. She said the 5 magic word there. 6 JUDGE TINLEY: Okay. If that's it on budget 7 amendments, let's go to late bills. 8 MS. HARGIS: We have several late bills. Again, 9 this is -- is part of a reorganization of the District 10 Clerk's office. These bills did not get brought down in a 11 timely manner; they came down on Friday. And we would like 12 to make sure that these bills move as expediently as possible 13 through the system. 14 COMMISSIONER LETZ: Move approval. 15 COMMISSIONER OEHLER: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval of the late bills. Question or discussion? 18 COMMISSIONER LETZ: And the reason that they're not 19 getting to you timely has been corrected? 20 MS. HARGIS: We have requested that it be 21 corrected, yes. 22 COMMISSIONER LETZ: Okay. 23 COMMISSIONER BALDWIN: There's about 20 bills, and 24 two of them are not lawyers. 25 COMMISSIONER MOSER: Right. 3-25-13 120 1 MS. HARGIS: Please keep in mind that the Guadalupe 2 Electric one is -- some of that is for the AACOG, Alamo 3 Colleges out here. We will get our half of that money back. 4 COMMISSIONER BALDWIN: Oh, yeah. 5 MS. HARGIS: The $821. The 1,300 is ours, but the 6 821 is for the Alamo Colleges. 7 JUDGE TINLEY: Any other questions or comments? 8 All in favor of the motion, signify by raising your right 9 hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: Motion carried. I've been presented 14 with monthly reports for February 2013 from Kerr County 15 Treasurer; Justice of the Peace, Precinct 1; Justice of the 16 Peace, Precinct 4; Animal Control; and Road and Bridge for 17 January and February 2013. Do I hear a motion that the 18 indicated bills be approved as presented? 19 COMMISSIONER BALDWIN: So moved. 20 COMMISSIONER OEHLER: Second. 21 JUDGE TINLEY: Motion made and seconded that the 22 indicated bills be approved as presented. Question or 23 discussion? All in favor, signify by raising your right 24 hand. 25 (The motion carried by unanimous vote.) 3-25-13 121 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion carries. Okay, Section 5 4 of the agenda, reports from Commissioners in connection with 5 their liaison or other assignments. Commissioner Letz? 6 COMMISSIONER LETZ: I don't believe I have 7 anything. 8 JUDGE TINLEY: Okay. Commissioner Oehler? 9 COMMISSIONER OEHLER: I hope to meet with Peter 10 Lewis this week to talk about the revised plan for the event 11 center, and get that brought back to the Court maybe next 12 meeting. 13 JUDGE TINLEY: Good. Before we sign -- 14 COMMISSIONER OEHLER: Well, I tried to do it last 15 week, but he was booked up so I believe this week's going to 16 work. 17 JUDGE TINLEY: Well, if you need help in cornering 18 him up, let me know. I'll get him cornered. Okay. Anything 19 else? 20 COMMISSIONER OEHLER: Hmm-mm. 21 JUDGE TINLEY: Commissioner Baldwin? 22 COMMISSIONER BALDWIN: Good afternoon. "No" is the 23 answer. 24 JUDGE TINLEY: I see. 25 COMMISSIONER BALDWIN: "No" is the plan. 3-25-13 122 1 JUDGE TINLEY: Is the plan too, huh? Okay. 2 COMMISSIONER BALDWIN: Thank you, though. 3 JUDGE TINLEY: Commissioner Moser? 4 COMMISSIONER MOSER: Yes, a couple things. On 5 parks, I met with -- Rob Henneke and myself, Ray Garcia, and 6 Len Odom met regarding the burning down in Flat Rock Park. 7 We think there's a solution to that where there will be no 8 more burning. I don't think that's been consummated yet, has 9 it, Rob? That's something that looks like we'll be able 10 to -- be able to haul the stuff off and never have to burn 11 there again and create some problems, and that'll be -- 12 that'll be good, and something that Len Odom likes a lot. On 13 the library, Jonathan Letz and myself have been working with 14 the City on trying to establish some library agreements on 15 long-term operations cost for the library. We meet again 16 this week on that, and hopefully we'll come -- be able to 17 come forward with -- with something for future stuff. And on 18 fire and EMS, there's some work underway. The City is 19 starting a thing on the emergency management plan, to update 20 that document, which is a little bit delinquent in being 21 updated. So that's all working out, and will be done in the 22 next 60 days or so, I think, which I think is important in 23 these fire conditions that we have. So, that's it. 24 JUDGE TINLEY: Okay, thank you. Elected officials? 25 Department heads? 3-25-13 123 1 MR. BOLLIER: Wait. 2 JUDGE TINLEY: Ms. Auditor? 3 MR. HENNEKE: You missed your turn, Tim. 4 JUDGE TINLEY: I didn't recognize you, Tim. Sit 5 down; I'll get to you in a minute. 6 MR. HENNEKE: There's another meeting second week 7 of April. 8 MS. HARGIS: We're going to start the budget 9 process within the next week or so, so just F.Y.I. We're 10 going to open up the budget for all the departments, and 11 we'll get the process started again. And please -- I would 12 request that each of you, like in the parks and things of 13 that nature -- I mean, I always put some money there, but you 14 guys never really tell me what you want. So, if you can get 15 a little bit more specific, it would really help me. You 16 know, like the port-a-potties, benches, or anything else that 17 you want in your parks, if could you let me know, that would 18 kind of define it a little bit better. Also, Commissioner 19 Baldwin and Commissioner Oehler, if there's any roads in 20 Precinct 1 or Precinct 4, we have some money in that trust 21 fund. Not a lot. And I do want to make y'all aware that we 22 haven't really gotten any proceeds of that in a while because 23 the interest rate is so low, so that money is dwindling. 24 So -- 25 COMMISSIONER OEHLER: Buster's already used too 3-25-13 124 1 much of it. The rest of it -- 2 COMMISSIONER BALDWIN: He's the last one to tap 3 into it, so it's my turn. 4 MS. HARGIS: Okay, I shouldn't have opened up that 5 one, should I? That was a bad one. 6 COMMISSIONER OEHLER: But it was such a small 7 amount. 8 MS. HARGIS: But those are there. So, anything 9 that you individually have, if could you let me know, we will 10 try to plug those in now. We generally don't open up the 11 D.R. budget to the Commissioners; we open that up as -- 12 COMMISSIONER MOSER: D.R. budget? 13 MS. HARGIS: It's called a department-requested 14 budget; we start with that. And then once we tie that down 15 and lock it down, then it's only open to the five of you and 16 myself, so that way it keeps us -- that way you can review 17 them and start looking at them, yes. 18 COMMISSIONER BALDWIN: Are you going to go back to 19 the -- having the 570 line this year? 20 MS. HARGIS: I've asked our finance -- the 570 21 line, for those of you that are not aware, that's a capital 22 line. We have not had that open in several years. I have 23 asked our financial adviser to look at our capital, the 24 reason being is we pay off that one big issue this year; we 25 have one more payment. And we have to keep our debt service 3-25-13 125 1 level, as you know, so he's going to come back with some 2 numbers to tell us whether or not we need to sell an issue, 3 which I think we're going to have to do within the next six 4 months. 5 COMMISSIONER BALDWIN: Well, now, wait a minute. 6 Wait a minute. 7 MS. HARGIS: Then we'll use that versus the 570. I 8 would prefer not using the 570. If they want to request it, 9 let them request it, and then you make that decision. It's 10 not mine to make. But I wanted to do both avenues; I want to 11 see if we need to sell an issue so we have money over here, 12 and then if they need capital money, then they can go ahead 13 and start putting it in. If we have the funds available, 14 then it's up to the Court to decide how they want to do that. 15 COMMISSIONER BALDWIN: Well, I just see it as a -- 16 they call it budgeting where I come from, but the -- if you 17 have a 570, then each and every one of us -- I mean, I can't 18 see what's being spent or what's being bought or anything 19 else, but if we had -- if we had the 570 line, I can -- I can 20 track things like I should. 21 MS. HARGIS: We can't put the capital money -- of 22 course, you know that -- we get as a loan in 570. 23 COMMISSIONER BALDWIN: And I'm all for stopping 24 doing that. I think that we need to budget and live under 25 our budget, like we -- like in the olden days, four or five 3-25-13 126 1 years ago. 2 MS. HARGIS: I agree with you. But we still need 3 to keep that debt service level. 4 COMMISSIONER BALDWIN: Yeah. 5 MS. HARGIS: And so that's something that you want 6 to think about. 7 COMMISSIONER BALDWIN: I really don't agree with 8 that one, though. That's the strangest thing. You know, try 9 to do that at home. That is not a way to build a railroad, I 10 tell you. 11 MS. HARGIS: Well, the -- I don't -- I think in 12 years prior to the tax freeze, that would have probably been 13 a good thing to do. But keep in mind, once that drops, then 14 that's lost forever. 15 COMMISSIONER BALDWIN: I understand. And I've 16 heard Bob talk about it. 17 MS. HARGIS: And then the maintenance side will 18 pull down as well, because they're also talking about a 19 5 percent cap versus an 8 percent cap. I just got that on my 20 listserv this morning. 21 COMMISSIONER MOSER: 5 percent versus 8? What's -- 22 MS. HARGIS: Yes. Maintenance and operation, 23 you're allowed to go -- 24 COMMISSIONER MOSER: Okay, got you. 25 MS. HARGIS: -- 8 percent over, and now they're 3-25-13 127 1 going to 5 percent. 2 COMMISSIONER MOSER: Got you. 3 MS. HARGIS: And believe it or not, 8 percent is 4 not a lot of money on the overall scope of things when you 5 have a level tax levy, and that's what we pretty much have 6 had for last two years. We've basically held or been a half 7 a percent higher, but we've usually lost that by the time the 8 certified roll comes in. We're usually below -- like last 9 year, we actually fell below. So, when you start dealing 10 with your M & O, what happens is the rollback rate ends up 11 being the lower rate, versus the -- the other rate, so it 12 flips. And you see that -- we saw this in the economy in the 13 '80's when, you know, the interest rates spiked into the 20 14 percentile, and then all the property values fell. The 15 rollback rate was actually the lower rate than the 8 percent 16 rate. So, that's what we're experiencing here now. I'm 17 hoping this year, with Fox Tank and a few of -- you know, 18 we've seen some more restaurants, more personal property come 19 in. I'm really hoping that we pull that little bit of a 20 percentage back up. And we won't know that -- we should know 21 that in May. Again, we'll get our preliminary roll in May, 22 and then we can take a look at it. But we have really lost 23 considerablely the last couple years on preliminary roll. 24 So -- but anyway, we'll start budgeting. 25 COMMISSIONER LETZ: Do you -- 3-25-13 128 1 MS. HARGIS: And the 570 will be open. 2 COMMISSIONER LETZ: When -- when will -- and do you 3 know an estimate for the impact from the transmission lines, 4 L.C.R.A. transmission lines, as to what portion of that is 5 going to be taxable and what we receive property tax on and 6 all of it, and with the -- I mean, it is under construction 7 this year. When does it have -- is it after it's completed? 8 MS. HARGIS: All the poles that were on the line on 9 January 1 of this year will go on, so we know most of them 10 weren't on the ground, so we're not going to feel the effect 11 of that until next year. Remember, January 1 is the 12 deadline. 13 COMMISSIONER LETZ: Right. 14 MS. HARGIS: So those poles were not on the ground, 15 so I would assume that not in this year, the 2013 year. But 16 the 2014 year, those lines will come into effect. 17 COMMISSIONER LETZ: Do we have any idea of the 18 value that's going to be placed on those lines? 19 MS. HARGIS: No, because they'll fight the value. 20 They generally do. So, we'll just have to see what kind of 21 value they render, and then we'll have to see what the 22 Appraisal District values them at. And we have a lot of 23 them. 24 COMMISSIONER LETZ: Okay. Whole lot. 25 MS. HARGIS: A lot of lines. So -- 3-25-13 129 1 COMMISSIONER OEHLER: Yeah, from one end of the 2 county to the other. 3 JUDGE TINLEY: Yeah. 4 COMMISSIONER LETZ: Long county. 5 COMMISSIONER OEHLER: Yeah, they come with a long 6 route. 7 MS. HARGIS: Some of them are uglier than others. 8 COMMISSIONER MOSER: Can we put an ugly tax on some 9 of them? 10 MS. HARGIS: I would like to put an ugly tax on the 11 brown ones that are supposed to look better than the other 12 ones. 13 COMMISSIONER BALDWIN: Who are y'all talking about? 14 COMMISSIONER MOSER: Power lines. 15 COMMISSIONER BALDWIN: Oh, power lines. 16 COMMISSIONER OEHLER: Those rusty ones stick out 17 like a sore thumb. 18 COMMISSIONER BALDWIN: Precinct 1 is in recess. 19 JUDGE TINLEY: Okay. Tim? 20 MR. BOLLIER: Yes, sir. I'm sorry, I apologize to 21 the Court for busting in like a nut. It won't happen again, 22 sir. I've got here for the port-a-potties. I've called 23 Cherokee and Hill Country both. For Cherokee, it was $90 a 24 piece, plain, a month, which is -- and $200 for handicapped, 25 which comes up to $470 a month, $5,640 a year. For Hill 3-25-13 130 1 Country Septic, I have $125 a month for handicapped. I have 2 $70 a month for plain ones. That comes to $4,020. So, I 3 have taken it upon myself, and have I told Hill Country 4 Septic to please put them in. They will be in this week. 5 COMMISSIONER MOSER: Were those the ones that were 6 providing good service -- 7 MR. BOLLIER: Yes, sir. 8 COMMISSIONER MOSER: -- last year? One of them was 9 not -- was, and the other one had some problems. Okay. 10 MR. BOLLIER: Yes, sir, it will be -- Hill Country 11 Septic is $335 a month. 12 COMMISSIONER MOSER: And they're being put in -- 13 MR. BOLLIER: This week. As a matter of fact, she 14 said they would try to get them in this morning. They can't 15 guarantee me anything, but they will be in pretty soon. 16 COMMISSIONER MOSER: Super. 17 MR. HENNEKE: Yes, sir. Thank you. Always glad to 18 be the last elected official to give my update to the Court. 19 SHERIFF HIERHOLZER: No. 20 JUDGE TINLEY: We got to get through by noon; 21 correct, Mark? 22 SHERIFF HIERHOLZER: Wait. 23 MR. HENNEKE: On the annex with the -- for 198th 24 office, Ms. Hargis mentioned moving some money around. We 25 approved -- we made the award subject to funds. I understand 3-25-13 131 1 that the committee has met. I want to make sure there's not 2 any delay on my part. I haven't seen a contract, and I don't 3 know where we're at on moving forward with the construction, 4 but I've got lost in that process, and if there's anything 5 for me to do, please -- please let me know. 6 JUDGE TINLEY: Most recent thing I have is an 7 e-mail from Dite Steinruck, and I just went through it 8 yesterday, I guess, when I was going through a bunch of paper 9 that's stacked up, and he kind of gives his status. He's 10 going to be starting early April, he said, for 42-day 11 completion. 12 MR. HENNEKE: Do we have a contract? 13 JUDGE TINLEY: That I don't know. 14 MR. HENNEKE: I mean, it will be involved with 15 198th, but it's a Kerr County facility; we should be a party 16 on that. 17 JUDGE TINLEY: Absolutely, yeah. So Jody can pull 18 that. Okay, anything else? 19 MR. HENNEKE: No, sir. 20 JUDGE TINLEY: Sheriff, how many people you got out 21 there today? 22 SHERIFF HIERHOLZER: I have -- this last week, we 23 ran 37 females all week, 32 beds. Today we're at 32 females. 24 It kills my male beds. 25 COMMISSIONER MOSER: How many total people? 3-25-13 132 1 SHERIFF HIERHOLZER: Today, this morning, it was 2 139 or 140. 3 COMMISSIONER MOSER: It was 120 last session, 4 right? 5 SHERIFF HIERHOLZER: No, it was higher. 6 COMMISSIONER OEHLER: It was higher. That includes 7 the females. 8 SHERIFF HIERHOLZER: I know the jail issue became 9 paid off, or is being paid off, but I -- you know, we've gone 10 out for it at least twice in the past, RFQ's and all that. I 11 just think it's something, whether it's going to be an 12 election item or anything else, that -- because it takes a 13 couple of years to get something online, I think this Court 14 needs to seriously start looking at what we're going to do. 15 Also, separate subject, next budget or next agenda, I will 16 bring some plans to replace the two signs out in front of the 17 Sheriff's Office. If you remember, those are those green 18 signs. The Highway Department furnished the signs from the 19 day it was built, and they're failing apart. We're going to 20 replace them at no cost to taxpayers. And I'll have those 21 things in to y'all for the next agenda item -- meeting. 22 JUDGE TINLEY: Okay, thank you. Anything else to 23 come before the Court on this agenda? We're adjourned. 24 (Commissioners Court adjourned at 12:00 p.m.) 25 - - - - - - - - - - 3-25-13 133 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 28th day of March, 2013. 8 9 JANNETT PIEPER, Kerr County Clerk 10 BY: _________________________________ Kathy Banik, Deputy County Clerk 11 Certified Shorthand Reporter 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3-25-13