1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, April 8, 2013 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 PRESENT: PAT TINLEY, Kerr County Judge 23 H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 TOM MOSER, Commissioner Pct. 2 24 JONATHAN LETZ, Commissioner Pct. 3 25 ABSENT: BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X April 8, 2013 2 PAGE --- Visitors' Input 5 3 --- Commissioners' Comments 10 4 1.1 Consider/discuss, take appropriate action for Court’s approval to fill a 14.1 road maintenance 5 position 17 6 1.2 Consider/discuss, take appropriate action concerning preliminary revision of plat for 7 Lots 72 and 79KR of Falling Water Subdivision, Kerr County, and Lot 79KN, Kendall County; 8 set a public hearing, Precinct 3 18 9 1.3 Consider/discuss, take appropriate action to rescind Court Order #33092 and set a public 10 hearing regarding revision of plat for Lots 11 and 12 of Whiskey Ridge Ranches, Precinct 3 20 11 1.4 Consider/discuss, take appropriate action to 12 approve and execute construction contract with Kendnel Kasper Construction, Inc., related to 13 completion of 198th District Attorney office space within Kerr County Annex 22 14 1.5 Consider/discuss, take appropriate action to 15 approve and execute interlocal agreement with 198th District Attorney for provision of office 16 space within Kerr County Annex 26 17 1.6 Consider/discuss, take appropriate action to reappoint Ronald Vick and Hugh Jons to Kerr 911 18 Board 31 19 1.7 Consider/discuss, take appropriate action to approve and execute agreement with Kerrville 20 Public School Foundation for use of Flat Rock Lake Park for Duck Race event 35 21 1.8 Consider/discuss, take appropriate action to 22 hire or engage consultant for study and recommendations on salary, job descriptions, 23 and benefits for Kerr County employees 39 24 1.11 Consider/discuss, take appropriate action to approve construction of new signs outside the 25 Sheriff's Office and Annex 42 3 1 I N D E X (Continued) April 8, 2013 2 PAGE 3 1.12 Consider/discuss, take appropriate action on audit report for Environmental Health Department 45 4 4.1 Pay Bills 46 5 4.2 Budget Amendments 46 4.3 Late Bills 48 6 4.4 Approve and Accept Monthly Reports 49 7 5.1 Reports from Commissioners/Liaison Committee Assignments 50 8 5.2 Reports from Elected Officials/Department Heads 53 9 1.9 Consider/discuss, take appropriate action on division of a 40.57-acre tract located at the 10 dead-end of Acorn Court, a County-maintained road, into a 9.50-acre and a 31.07-acre tract 58 11 1.10 Consider/discuss, take appropriate action to 12 accept right-of-way dedication from the Oasis Group, LLC, and approve right-of-way easement 62 13 --- Adjourned 75 14 15 16 17 18 19 20 21 22 23 24 25 4 1 On Monday, April 8, 2013, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday April 8, 2013, at 9 a.m. It is that 11 time now. If you would, please, if you'd stand and join me 12 in a word of prayer followed by the pledge of allegiance to 13 the flag of our country. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. Be seated, please. At 16 this time, if there's any member the of the public or 17 audience that wishes to be heard on a matter which is not a 18 listed agenda item, this is your opportunity to step forward 19 and tell us what's on your mind. If you wish to be heard on 20 an agenda item, we'd ask that you fill out a participation 21 form. There should be some located at the rear of the room. 22 If, for some reason, you've not filled out one of those forms 23 and we get to an agenda item you wish to be heard on, get my 24 attention in some manner and I'll give you an opportunity. 25 But right now, if there's any member of the audience that 4-8-13 5 1 wishes to be heard with respect to any matter which is not a 2 listed agenda item, come forward and give us your name and 3 address, tell us what's on your mind. 4 MR. NOLLER: Morning. My name is Gary Noller; I 5 live at 140 Ray Drive North in Center Point, Texas. And I 6 just wanted to come this morning and extend my appreciation 7 to the Commission for all the work that you've been doing 8 with regard to a veterans county service officer for Kerr 9 County. We have a very dedicated group of veterans here who 10 want to see that be very successful here. We believe there's 11 a need for it, and we're certainly willing to express our 12 view on that, as well as any information whatsoever that 13 would be helpful to you in making that decision. So, I just 14 wanted to give two points this morning, and one point is that 15 veterans today need help in filing their claims. I printed 16 off this morning a form that is used by the Veterans 17 Administration for the submission of a claim for disability 18 by a veteran. There's 12 pieces of paper here. Four pages 19 are instructions; eight pages are the form that you fill out. 20 The thing about this form is -- is that as you read 21 the form, it refers you to other forms. So, if you want to 22 do this and do this, go get this other form, but if you want 23 to do this, go get this form. But if you don't want to do 24 that, but do this, go get this form. So, it's not as simple 25 as filling out blanks on a piece of paper. You really have 4-8-13 6 1 to be able to interpret rules, procedures, and it's very 2 difficult to do so, particularly if you are younger and 3 haven't really been through a lot of form filling out in your 4 whole life, or maybe if you're an older veteran and you have 5 a problem maybe reading, comprehending, it can be very 6 difficult. Veterans cannot pay for help to fill this form 7 out. It is against the law for a veteran to pay anybody to 8 fill out this form. It's much like filling out a tax form. 9 Probably within one mile of this courthouse, you can go to 10 half a dozen different places that will take your money and 11 help you fill out your tax form to file it with the federal 12 government. However a veteran cannot take that form to 13 anybody and have them fill out an initial claim; it is 14 illegal. 15 I don't know why the system is set up that way. 16 They didn't really want veterans to have to pay to get their 17 claims filed for them, so they set up a system by which the 18 county can hire an employee and do it, or veterans service 19 organizations can have somebody to do that for them, or a 20 state agency can have somebody, but you cannot go down the 21 street here and pay an attorney or a certified public 22 accountant or any person down the street to do that. It's a 23 process that veterans need help on. It's a process that they 24 cannot pay somebody for. The process does allow for the 25 counties to have that representation in the courthouse, or 4-8-13 7 1 anyplace that's accessible. So, we'd like to see that come 2 about in Kerr County. Thank you very much. 3 JUDGE TINLEY: Thank you, sir. We appreciate your 4 comments. Ms. Marsh? 5 MS. MARSH: Good morning, Judge, Commissioners. 6 I'm Colonel Vicki Marsh, United States Marine Corps, retired. 7 I live at 144 Tall Timber Road in Kerrville, and I'm here to 8 amplify what Gary Noller had to say. As y'all know, we have 9 a very large veterans population. We have twice that of 10 Gillespie County, and it's over twice the national average, 11 so we're hovering around 13 percent. County veterans receive 12 $25 million in V.A. compensation, and $30 million in V.A. 13 health care benefits. That's a very stable source of income. 14 It's uninterruptible through the economy ups and downs. The 15 V.A. currently employs about 400 employees, who also 16 contribute substantially to our economy, over 58 million per 17 year. That's a grand total of 113 million. I'm here today 18 to represent the Women Veterans Coalition, although I was 19 recently elected as the Hill Country Veterans Council 20 president. 21 Women are the fastest growing population in the 22 V.A. system. We currently have 315,000, and we -- I have 23 some gee-whiz statistics for you. Of the 23.4 million living 24 veterans, 1.8 million are women. Texas has the second 25 largest number of women veterans. California leads, Florida 4-8-13 8 1 trails. Women veterans comprise 15 percent of the active 2 force. Twenty percent of new recruits are women, and of 3 those deployed to Iraq and Afghanistan, 13 percent are women. 4 200,000 -- 200,000 women vets have served in Iraq and 5 Afghanistan. That's compared to 41,000 deployed in the Gulf 6 War in the early '90's. According to a CBS News report, over 7 140 women veterans were killed in recent wars, and over 800 8 wounded. That's far more than we realized. And as you know, 9 Kerr County has a large under-served population of veterans' 10 survivors, who also contribute substantially to our economy. 11 In short, our fellow citizens who have risked or given their 12 lives need a safe, secure location in to which have competent 13 help in the form of a county veterans service officer in 14 applying for the benefits for which they've already paid. 15 Thank you. 16 JUDGE TINLEY: Thank you, Colonel. We appreciate 17 your comments. 18 MR. CANTRELL: Good morning. 19 JUDGE TINLEY: Morning, sir. 20 MR. CANTRELL: Bill Cantrell. I'm a Commander, 21 U.S. Navy, retired. I live at 428 Saddle Club Drive, and I 22 would like to say that I represent -- I'm the commander of 23 the AMVETS Post 1000, and representing that post, I say we 24 all are in support of the county veterans service officer. 25 Colonel Marsh mentioned the outreach to the families. This 4-8-13 9 1 is something that our volunteer veterans service officers do 2 not do. Our source of information on that is Tami King -- 3 Lieutenant Commander Tami King in Gillespie County. The 4 county veterans service officer does that outreach to the 5 families which nobody else does. So, that's it. 6 JUDGE TINLEY: Thank you, sir. 7 MR. PRICE: I'm James Price. I live at 210 8 Coultress Road, Kerrville, Texas. I am a veteran and I work 9 for a nonprofit that tries to help homeless veterans. I want 10 to echo the point that most of these veterans that we have in 11 this county do not know who to call or what to do, and I'm 12 trying to fill that role right now till you get a county 13 veterans service officer. I tell anybody, if you got a 14 veteran that has a problem, call me; I will help them get to 15 where they need to go. I am very disturbed, though, when I 16 read in the newspaper of some decisions -- some comments made 17 by certain commissioners about they didn't agree to this or 18 they didn't like this. I'm a longtime resident. I know most 19 of y'all. I would really appreciate it if y'all would just 20 get together and pull together, and not have these kind of 21 things going on in the newspaper. Thank you. 22 JUDGE TINLEY: Thank you, sir. 23 MR. RUSSELL: Morning. 24 JUDGE TINLEY: Morning, sir. 25 MR. RUSSELL: I'm Jerry Russell. I live in Rio 4-8-13 10 1 Robles in Kerrville here, and I'm a member of the American 2 Legion, past commander. I just want to say how much -- what 3 happens to a person that doesn't have the right people 4 helping you file a claim. This happened to me, and it took a 5 year and a half before I got all the papers back, and then 6 they wrote back and said, "You didn't fill this out right, so 7 we're denying your claim. You have the right to refile." 8 So, a year and a half it took me to wait for it, and now it's 9 got to be all done over again. So, that's how much I would 10 appreciate if we had our own service officer here in the 11 county. Thank you. 12 JUDGE TINLEY: Thank you, sir. Anyone else? Okay, 13 let's move on now. Commissioner Baldwin, do you have 14 anything for us this morning? 15 COMMISSIONER BALDWIN: Sure I do. I've been asked 16 to remind everyone that this month is child abuse month, and 17 that's what all the blue ribbons out on the lawn are about. 18 And this Wednesday, which is April the 10th, is Go Blue day, 19 so they're asking all of us to wear some kind of blue. 20 Kathy's got on a little blue ribbon there. We might be able 21 to wrassle her down and take it away from her and pass it 22 around for each of us to wear it. Or just wear some kind of 23 blue, just to -- to heighten the awareness of the child abuse 24 month and the importance of that. Also, I want to give a 25 report on the Turtle Creek school and cemetery. If you 4-8-13 11 1 remember, since we've done the remodeling job and fixed the 2 place up a little bit, we've had -- had a 99th birthday party 3 out there. They had the -- the Turtle Creek sewing club meet 4 out there two weeks ago, which is, I think, probably the 5 oldest sewing club in the state of Texas. Kind of a neat 6 thing. Then today -- today at 1 o'clock, out in the cemetery 7 particularly, they're honoring -- there's a group out there 8 honoring the civil war people that are buried in that 9 cemetery, and I think there are six buried in there, and five 10 of them are related to Clarabelle Snodgrass. And I thought 11 that's -- that was kind of neat. So, you know, if you guys 12 have a break at 1 o'clock, come on out and be a part of that. 13 Number three, I'm just I'm curious about something. 14 I've been hearing out on the streets, and I think I read 15 it -- even read it somewhere, that the City and the County is 16 getting close to a library deal. And I heard it again just 17 this last week, and I'm curious about it, because I don't 18 know anything about it. And I'm an elected commissioner in 19 this county, and if we are getting close to cutting a deal 20 and signing a contract of some sort, I want to know about it, 21 and I want to know about it pretty quick. But if that's just 22 rumors, that's okay too. But if -- if there -- if we're 23 getting close -- if we're negotiating and getting close to a 24 deal on the library, I think that it needs to be said in this 25 room, in open Commissioners Court, and let's make sure all 4-8-13 12 1 communications are open and available to everyone. That's 2 all, Judge. Thank you. 3 JUDGE TINLEY: Thank you, sir. 4 COMMISSIONER MOSER: A couple things. Number one, 5 let me comment on what Commissioner Baldwin said about the 6 library. There's been some -- there's been several meetings, 7 and I reported it as part of the liaison -- Commissioner Letz 8 and myself have met with the City on two occasions to explore 9 ways of having a long-term agreement with the library, 10 similar to the way that you and Commissioner Baldwin have met 11 with the City to discuss fire and EMS. So, it's a very 12 parallel operation, and I don't think either one of those 13 things have been brought to the Court yet. So, I think that, 14 you know, you go and lay the groundwork, and then once some 15 options are put on the table, then it comes to the Court. 16 So, it's a progress in work, so hopefully we can come to a 17 conclusion on both of those. 18 Second thing is, on the veterans service officer, 19 from a personal standpoint -- and I wish some of the veterans 20 were still here -- I experienced that this past couple of 21 weeks. My grandson, a Marine, okay, was needing some 22 veterans support. Fortunately, he had a friend who served as 23 a V.S.O. for him who works in the veterans hospital, who 24 guided him through everything that needed to be done. He got 25 very well greased. There is no way he would have known how 4-8-13 13 1 to do all of the stuff that had to be done in a short term. 2 So, just another -- another endorsement of what benefits a 3 V.S.O. could be from a very personal standpoint. So, I know 4 everybody that individually spoke in here has their personal, 5 and probably 10 more stories than what I have, but that's all 6 I have for right now. 7 JUDGE TINLEY: Okay. Commissioner Letz? 8 COMMISSIONER LETZ: Just a brief comment on the 9 library. I think on the -- the meetings we've had, it's been 10 made very clear to representatives from the City that it's 11 one commissioner -- two commissioners with their ideas. And 12 make it also very clear that these two commissioners don't 13 agree. 14 COMMISSIONER MOSER: Right. 15 COMMISSIONER LETZ: So -- so there's nowhere -- 16 there's not an agreement on the committee, much less bringing 17 it to the Court yet. So, you know, discussions are going on. 18 I think it's always good to communicate. I think there will 19 be either -- probably at our next agenda, not a proposed 20 agreement, but an agenda item, I think, to probably discuss 21 the next step, if there is a next step. So, we're -- we're 22 taking baby steps on the library. I mean, we're -- you know, 23 I think the -- the agreement that has been -- that I think 24 the city folks and the county folks have agreed on is that 25 the library is an important part of the community, and that's 4-8-13 14 1 about as far as our agreement goes right now. So, that's 2 what that is. 3 COMMISSIONER BALDWIN: Every time I hear something 4 about it, the words are the City and the County are close to 5 an agreement. That's what threw me off. I knew y'all had 6 been visiting about it. 7 COMMISSIONER MOSER: There you go reading the paper 8 again. 9 COMMISSIONER BALDWIN: I don't know if I read it in 10 the paper or not. I don't know. I'm not going to go there. 11 COMMISSIONER LETZ: But, anyway -- 12 COMMISSIONER BALDWIN: I read it somewhere. 13 COMMISSIONER LETZ: You know, the other -- I guess 14 the other main comment I have is, lots of things going on 15 with water. I mean, it seems to just be snowballing, and the 16 things that I'm working on, between water and wastewater, my 17 gosh, I didn't know I could -- you know, I'm buried 18 sometimes. But a lot is going on in those areas. The 19 wastewater project in east Kerr County is going full speed 20 ahead. Regional planning grant is working. There's a lot 21 going on there. There's a lot going on at the Legislature. 22 Interesting on water, there was a -- a big article recently 23 that went all around the state and discussion at the 24 Legislature about underground storage, and then they -- later 25 in the article, they called it aquifer storage recovery, but 4-8-13 15 1 they did note that Kerrville is one three in the state of 2 Texas, anyway. And the city of Las Vegas has the largest 3 A.S.R. program going. That's becoming a model, and the 4 Legislature is looking to provide a lot of funding to 5 A.S.R.'s, largely because of Kerrville. I think El Paso has 6 one, and San Antonio has one. So -- which is good, because 7 it does seem to work in this area. And the other thing is, I 8 wish y'all would have sent me the memo that I'm supposed to 9 wear a blue shirt today. I feel out of place here. 10 COMMISSIONER BALDWIN: We're just two days ahead of 11 time, is the deal. 12 COMMISSIONER LETZ: That's all I have. 13 JUDGE TINLEY: Would you like for us to recess so 14 you can go home and change your shirt? 15 COMMISSIONER LETZ: No, I don't think so. 16 JUDGE TINLEY: Okay. 17 COMMISSIONER MOSER: If I may add one other thing 18 on the wastewater, Commissioner Letz and myself, Road and 19 Bridge, TexDOT, and the engineering firm had a -- had a 20 meeting last week just to make sure we were all coordinated. 21 I think we are coordinated, because it takes everybody to 22 block and tackle to make this thing happen on schedule. So, 23 I think we're in pretty good shape there, so we're making 24 progress and we are on schedule. 25 COMMISSIONER LETZ: If I may, Judge, I will say one 4-8-13 16 1 more thing related to -- this is more of a TexDOT 2 informational item. There appears to be funding that will 3 very likely become available because of the Eagle Ford shale, 4 and it will be, you know, anything around the state that is 5 related to the oil and damage to the roads because of the 6 increased truck traffic. Well, our local TexDOT office is 7 very imaginative in looking at how that may impact Kerr 8 County. And many of us know that Mason County is where all 9 of the sand for the fracking comes from, and most of that 10 either comes down Highway 16 or Highway 87. Therefore, 11 they're looking at funding to increase 173, 27, and 16, of 12 doing some improvements, and they are accelerating projects 13 now on 27 from the Kendall County line all the way to 14 Kerrville to do some renovations on it, and it's on a fast 15 track, likely to start construction this year. That's 16 working. Fox Tank is another part of it; they've been able 17 to pull Fox Tank into the Eagle Ford shale funding. So, hats 18 off to TexDOT, our local people, 'cause they are really 19 looking at it. They know where we have needs, and they know 20 the system. And -- and nothing's guaranteed yet, but they're 21 preparing plans for some highway improvements that have been 22 needed and discussed in this court many times on our major 23 highways. 24 COMMISSIONER BALDWIN: That's good. 25 COMMISSIONER LETZ: Now you can go. 4-8-13 17 1 JUDGE TINLEY: TexDOT locally has done an 2 extraordinarily good job of getting us funding for probably 3 more than our fair share, but it's because of the leadership 4 here, I'm convinced. Let me -- Commissioner Baldwin, I'm 5 kind of like you on this library thing. I hear things, and 6 as recently as last week, a voicemail from City Manager 7 indicating that there was an understanding that we're close 8 to an agreement, and that we -- we're going to have it on our 9 next agenda, which would be today. Which, of course, there's 10 nothing on the agenda about the library. That was concerning 11 to me also. But unlike the fire and EMS, which, of course, 12 this Court took a vote, and as I recall, it was unanimous, to 13 extend an offer to extend the current contract for 10 years. 14 And that -- that's firm action by this Court, and that's 15 still out there and it's under consideration by the folks 16 over at the City, and I understand they're taking a real hard 17 look at that and are -- are working on that. But let's get 18 on with our agenda. First item on the agenda, a 9 o'clock 19 timed item, to consider, discuss, take appropriate action for 20 the Court's approval to fill a 14.1 road maintenance 21 position. Mr. Odom? 22 MR. ODOM: Yes, sir. Thank you, Judge. We have an 23 open 14.1 position that we'd like to fill. The previous 24 individual in this position was a 14.2. We work three-person 25 crews in each area. I have five areas, and I have a crew now 4-8-13 18 1 that only has two people, which makes it difficult to flag 2 and run equipment, and causes safety issues. This position 3 pays 13.78 an hour. So, at this time, I ask the Court for 4 their approval to fill this 14.1 position for Precincts 1, 2, 5 3, and 4. 6 COMMISSIONER LETZ: So moved. 7 COMMISSIONER BALDWIN: Second. 8 JUDGE TINLEY: Motion made and seconded for 9 approval. Question or discussion? All in favor, signify by 10 raising your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: That motion does carry. Let's go to 15 our 9:10 timed item; Item Number 2, to consider, discuss, and 16 take appropriate action concerning a preliminary revision of 17 plat for Lots 72 and 79KR of Falling Water Subdivision, as 18 set forth in Volume 6, Pages 300 through 306 of the Kerr 19 County Plat Records, and Lot 79KN as set forth in Volume 2, 20 Pages 308 through 311 of the Kendall County records, and set 21 a public hearing on the same. Mr. Odom? 22 MR. ODOM: Yes, sir. Rodney and Martha Bishop own 23 Lots 72, 4.259 acres, and 79KR, 3.933 acres. And 79KN is a 24 little bit over a half an acre. Lot 72 and 79KR are in Kerr 25 County, and Lot 79KN is in Kendall. The Bishops would like 4-8-13 19 1 to combine these two lots. We came to the Court previously 2 on the preliminary, but we're asking the Court to accept this 3 preliminary revision again, and set a public hearing for 4 Monday, May the 13th, 2013, at 9 a.m., Precinct 3. 5 COMMISSIONER LETZ: Move approval. 6 COMMISSIONER BALDWIN: Second. 7 COMMISSIONER LETZ: I have a comment too, Judge. 8 JUDGE TINLEY: Motion made and seconded for 9 approval of the agenda item, to set a public hearing on the 10 same for May the 13th, 2013, at 9 a.m. Question or 11 discussion? 12 COMMISSIONER LETZ: Just a brief comment. 13 There's -- the only thing that makes this a little bit 14 unusual is that it's in two counties, a little bit of it. 15 And my understanding is that Kendall County -- it's already 16 been in the loop the entire way, and they're going to pretty 17 much let us handle this, since the majority of this is in our 18 county, and then they will file it of record in their county 19 if they want. But they're fully on board, that we're the 20 lead county on this, certainly. 21 COMMISSIONER BALDWIN: Excellent. 22 JUDGE TINLEY: Any other questions or comments? 23 All in favor of the motion, signify by raising your right 24 hand. 25 (The motion carried by unanimous vote.) 4-8-13 20 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. Item 3, a 4 9:15 timed item, is to consider, discuss, and take 5 appropriate action to rescind Court Order Number 33092 and 6 set a public hearing regarding the revision of plat for 7 Lots 11 and 12 of Whiskey Ridge Ranches, as set forth in 8 Volume 6, Page 229, Plat Records, and located in Precinct 3. 9 Mr. Odom? 10 MR. ODOM: Yes, sir. I think I made the wrong 11 comment on the previous one, but this was the one that we had 12 held a preliminary on this project February the 11th, 2013, 13 and had the public hearing and the final approval on March 14 25th, 2013. The Court approved this plat contingent on one 15 of the owner's signatures. The newspaper was to run three 16 ads for the public hearings, but only ran two ads. So, at 17 this time, we ask the Court to rescind Court Order Number 18 33092 regarding the final approval of this plat, and to set a 19 public hearing regarding the revision of plat for Lots 11 and 20 12 of Whiskey Ridge Ranches, Volume 6, Page 229, Precinct 3, 21 for Monday, May the 13th, 2013, at 9 a.m. -- 9:10 a.m. 22 COMMISSIONER LETZ: Move approval. 23 JUDGE TINLEY: I have a motion. Do I hear a 24 second? 25 COMMISSIONER BALDWIN: Second. 4-8-13 21 1 JUDGE TINLEY: We have a motion and a second. 2 Question or discussion? 3 COMMISSIONER MOSER: Question. So, the only issue 4 was not having three -- 5 MR. ODOM: That's right. 6 COMMISSIONER MOSER: -- publications in the 7 newspaper? 8 MR. ODOM: Yes, sir. Outside our hands. We gave 9 it to them; it was supposed to have been done. Legally -- 10 COMMISSIONER LETZ: It's a notice issue. 11 COMMISSIONER MOSER: Yeah, right. Okay. So, it 12 was given to the newspaper; it just fell through cracks 13 somewhere -- somewhere in the process? 14 MR. ODOM: Somewhere in the process. 15 COMMISSIONER MOSER: Okay, good. And there's no 16 way we -- that has to be done; is that correct? Okay. 17 JUDGE TINLEY: We're just starting over. 18 MR. ODOM: Just starting over. 19 JUDGE TINLEY: Rescinding the prior action and just 20 starting over. 21 COMMISSIONER MOSER: Okay. 22 COMMISSIONER LETZ: But the -- the Ahrens brothers, 23 they don't have to do anything? They're done? 24 MR. ODOM: No, all we need is that one signature, 25 and then it's -- 4-8-13 22 1 COMMISSIONER LETZ: That gives them an extra 30 2 days to get that signature. 3 MR. ODOM: Well, yeah. That's unfortunate, but we 4 couldn't help it. It's outside our hands. 5 JUDGE TINLEY: Any other question or comments on 6 the motion? All in favor of the motion, signify by raising 7 your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: Motion carries. Let's go to Item 4; 12 to consider, discuss, and take appropriate action to approve 13 and execute construction contract with Kendnel Kasper 14 Construction, Inc., related to completion of the 198th 15 District Attorney's office space within the Kerr County 16 Annex. That's the Sheriff's Office annex out at the law 17 enforcement complex. I put this on the agenda. The funding 18 for this particular project is being provided by the 198th 19 District Attorney's office, so this entire build-out, the 20 Court approved acceptance of the bid from Kendnel Kasper, and 21 I believe the amount was 116 -- 22 COMMISSIONER BALDWIN: Let's see, I saw it there. 23 116,1. 24 JUDGE TINLEY: $116,100, as per plans and 25 specifications. Because the property is actually owned by 4-8-13 23 1 Kerr County, and those improvements will become property of 2 Kerr County, the County actually is the one that is 3 responsible for the entering into the contract for these 4 improvements, even though the funding is going to come from 5 the 198th. We have the A.I.A. A701 document for those. I 6 think the County Attorney has reviewed the same. 7 MR. HENNEKE: Yes, sir. 8 JUDGE TINLEY: And finds it to be in order in 9 accordance with the plans and specifications as per the bids. 10 COMMISSIONER LETZ: Move we approve the contract, 11 and authorize County Judge to sign same. 12 COMMISSIONER BALDWIN: I second that emotion. 13 JUDGE TINLEY: Motion made and seconded. Question 14 or discussion on the motion? 15 COMMISSIONER MOSER: Question. The -- the 16 construction, what -- what standards of construction do we 17 have on this facility? Is -- is it a four-star, a five-star, 18 or economy? 19 COMMISSIONER LETZ: Probably -- well, it's in the 20 city limits, isn't it? 21 JUDGE TINLEY: Plans and specs have been specified 22 as prepared by the architect, and that's what will be 23 followed. It's a finish-out within the -- 24 COMMISSIONER MOSER: So, do we review the plans and 25 specs, the Court? 4-8-13 24 1 COMMISSIONER LETZ: The architect does on our 2 behalf. 3 COMMISSIONER MOSER: So we have no visibility as to 4 whether this is a five-star or an economy? 5 COMMISSIONER LETZ: Well, I don't think -- I mean 6 my view is -- 7 COMMISSIONER MOSER: And I'm not questioning -- I'm 8 just curious how we establish -- I know the Sheriff has been 9 working on this with the D.A.'s office, but -- 10 COMMISSIONER LETZ: I think -- 11 SHERIFF HIERHOLZER: This is the same construction 12 company that won this bid that constructed that entire 13 building. 14 COMMISSIONER MOSER: So, how about the design? 15 SHERIFF HIERHOLZER: The design, I've seen some of 16 their floor plans. They are preliminary floor plans, and the 17 District Attorney has seen them. I think it fits very well 18 with what their needs are, from what we understand, and how 19 it's been talked about. 20 COMMISSIONER MOSER: So, same -- 21 SHERIFF HIERHOLZER: And the construction is going 22 to be along the same line as this entire annex building. 23 It's done by the same contractor. 24 COMMISSIONER MOSER: That answered my question. 25 So, it will be along the same -- same lines as the annex, as 4-8-13 25 1 far as the type of wall construction, et cetera, et cetera? 2 SHERIFF HIERHOLZER: Correct. 3 JUDGE TINLEY: Oh, yeah. 4 COMMISSIONER MOSER: Well, that's my question. I 5 had no visibility. 6 SHERIFF HIERHOLZER: That's correct. It's all 7 already under roof; it's just the finish-out on the inside. 8 COMMISSIONER MOSER: Okay. So, same style of 9 construction? 10 SHERIFF HIERHOLZER: Yes. 11 COMMISSIONER MOSER: Another thing is, I notice in 12 the agreement that -- that the county -- the D.A.'s office is 13 paying for the construction. It will be a county facility, 14 but there's no rent to be charged for this for as long as the 15 D.A.'s here; is that correct? 16 MR. HENNEKE: I think that's the next agenda item. 17 COMMISSIONER MOSER: Pardon? 18 MR. HENNEKE: The next agenda item. 19 COMMISSIONER MOSER: Oh, the next agenda item, 20 okay. I was jumping ahead, then. That's all the questions I 21 have. 22 JUDGE TINLEY: Any other questions, comments on the 23 motion? All in favor of the motion, signify by raising your 24 right hand. 25 (The motion carried by unanimous vote.) 4-8-13 26 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: That motion does carry. Let's go to 4 Item 5; to consider, discuss, and take appropriate action to 5 approve and execute interlocal agreement with the 198th 6 District Attorney for provision of office space within the 7 Kerr County Annex. This is the agreement by which the 198th 8 District Attorney will occupy this particular space that's 9 going to be built out with their money, and there will not be 10 any rent consideration, obviously, being that they paid for 11 the improvements, and we end up owning the improvements. The 12 -- the agreement does provide, as do all of our agreements, 13 about cancelation by either party. Now, let me address that. 14 There's a provision in there also that there's no clawback or 15 recoupment by the District Attorney's office for funds spent 16 if they should -- if they should voluntarily vacate the 17 premises. Part of the reason for that is that that would 18 create an indebtedness by Kerr County that may last beyond 19 the current budget year, and you know what the no-no's are 20 about that. We cannot incur that. But I have assured the 21 District Attorney that, notwithstanding the termination 22 provisions, that this Court is operating in good faith, 23 and -- and our intention is that that District Attorney, once 24 those improvements are constructed, is going to be able to 25 occupy those premises indefinitely. 4-8-13 27 1 I cannot imagine in the near term or the 2 foreseeable future what might occur that would cause us to 3 need that space. We've got additional space, kind of a 4 mirror image of this, right next door where the fitness 5 center is. If we need additional space, that's what we're 6 going to go after, if we're going to need some permanent 7 improvements. And the Sheriff knows this. The Sheriff, he's 8 been aware of this since day one, that his operation there is 9 temporary, as it were. But my intention in working with the 10 D.A.'s office -- 198th D.A.'s office is that this is a 11 long-term arrangement, and they're investing their funds to 12 improve Kerr County property, and so they need to be able to 13 reap the benefit of that over a long-term period. And I 14 don't see anything that's going to be an impediment to that 15 in any manner. And I just -- because there is this 16 cancellation by either party, which is a standard part of 17 interlocal agreements that we have, I just want them to be 18 assured that the Court and Kerr County's operating in good 19 faith in that respect. 20 COMMISSIONER BALDWIN: The words "good faith" and 21 "trust" and those kinds of things are, in my opinion, built 22 in, this one in particular. 23 COMMISSIONER LETZ: I think that's -- just a 24 general comment, and this goes for the 198th and the 216th. 25 I mean, it's certainly to Kerr County's benefit have those 4-8-13 28 1 offices in Kerr County. We're the largest county, and if we 2 are to charge rent, you know -- well, one, they're putting up 3 the money, but if we're charging it, we're charging ourselves 4 rent, because we pay their budget. And, you know, we may get 5 some coming back from the outlying counties, a portion of it. 6 COMMISSIONER MOSER: Right. 7 COMMISSIONER LETZ: But if they did that, they're 8 spending funds that are outside of our purview to do this, so 9 it's really a win for the county, 'cause we're going to be 10 paying -- I mean, I'm not sure the percentage. What do we 11 pay -- like, of the 198th, what's our cut? 70? 12 JUDGE TINLEY: It's been about 53 percent, I think. 13 COMMISSIONER LETZ: Fifty percent. But, you know, 14 we would -- you know -- 15 SHERIFF HIERHOLZER: Well, the other thing I think 16 you have to remember is Kerr County's been paying rent for 17 the 198th D.A.'s office for a number of years now, and this 18 will put it under Kerr County's roof, which I believe we're 19 required to provide them with an office, where Kerr County's 20 not paying rent any more, and not paying for the 21 improvements. 22 COMMISSIONER MOSER: Well, let me go -- let's see. 23 The County's providing the building. The District Attorney 24 is providing the finishing out of that building. So, that 25 building is not insignificant in cost, okay. The slab, the 4-8-13 29 1 infrastructure, the roof, the air conditioning, blah, blah, 2 blah, all of that. So, we're saying you finish it out, put 3 the walls in -- we'll be simpleminded here. Put the walls 4 in, and you can have it rent-free forever. Seems to me like 5 a more reasonable thing would be -- and all the other 6 counties don't pay anything, so Kerr County is really -- 7 really providing a big -- taking on a big burden relative to 8 the other counties. 9 SHERIFF HIERHOLZER: Or -- 10 COMMISSIONER MOSER: Let me finish, okay. So -- 11 and we provide all the utilities. Seems to me like a more 12 reasonable approach would be that the county -- that we could 13 do that, negotiate something for some period of time, and 14 after that period of time, then there would be a rent 15 provided by the D.A.'s office, since they're serving as the 16 D.A. for multiple counties. 17 SHERIFF HIERHOLZER: I think one thing you have to 18 look at, Commissioner, the 198th is paying for this -- this 19 finish-out. 20 COMMISSIONER MOSER: I got it. 21 SHERIFF HIERHOLZER: That money, if I'm not 22 mistaken, a lot of that money is a combination of moneys that 23 came from all the counties. 24 COMMISSIONER MOSER: Well, I would hope so. 25 SHERIFF HIERHOLZER: Okay? It's not just Kerr. 4-8-13 30 1 It's not just, quote, the 198th paying out this renovation. 2 In essence, it's the other counties in that district. 3 COMMISSIONER MOSER: Well, that's -- that's 4 obvious. 5 SHERIFF HIERHOLZER: When the redistricting goes 6 through, then you're cutting out five of those other 7 counties. 8 COMMISSIONER MOSER: Well, I would assume that -- 9 SHERIFF HIERHOLZER: We're already doing -- 10 COMMISSIONER MOSER: -- this 116,000 is coming from 11 multiple counties. 12 SHERIFF HIERHOLZER: And then it's a benefit -- 13 number one, I just personally -- I don't think we should be 14 paying -- Kerr County should be paying the rent for a D.A.'s 15 office that we are required to furnish them an office. 16 COMMISSIONER MOSER: I didn't say now; I said at 17 some point. At some point in time, should they remain there. 18 Okay, then, if we're paying 53 percent, then we would be 19 paying 53 percent of the rent, which probably wouldn't be a 20 lot. It's just a matter of principle. That, to me, the 21 County is saying, "Here, we're going to provide this to the 22 D.A., and to all the other counties. We ought to at least 23 get a thank-you note. 24 COMMISSIONER BALDWIN: Could you get us a thank-you 25 note? 4-8-13 31 1 MR. DEAN: I'll work on that, Commissioner. 2 COMMISSIONER BALDWIN: Appreciate it. 3 MR. DEAN: We may only have one other county by 4 September. 5 JUDGE TINLEY: We're not sure who to ask for the 6 thank-you note, but we'll get right on that, right? 7 MR. DEAN: Yes, sir. 8 JUDGE TINLEY: Any other questions or comments? 9 All in favor of the motion, signify by raising your right 10 hand. I assume we got a motion, don't we? 11 THE CLERK: No, sir, I don't have a motion or a 12 second. 13 COMMISSIONER BALDWIN: I move for approval. This 14 is 1.5, isn't it? 15 JUDGE TINLEY: Yeah, mm-hmm. Interlocal agreement. 16 COMMISSIONER BALDWIN: I move for approval. 17 COMMISSIONER MOSER: I'll even second. 18 JUDGE TINLEY: We have a motion and second for 19 approval of the agenda item. Question or discussion? All in 20 favor, signify by raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: That motion does carry. Let's move 25 on to Item 6; to consider, discuss, take appropriate action 4-8-13 32 1 to reappoint Ronald Vick and Hugh Jons to the Kerr 911 Board. 2 Commissioner Baldwin? 3 COMMISSIONER BALDWIN: Thank you, sir. 4 Commissioner Letz and I want to bring this agenda item 5 forward, and it's time to renew these two guys that are our 6 representatives on the 911 Board. In my opinion, it's a 7 thing of beauty to see volunteers serve their community. And 8 to give you an example, Mr. Johns has been a member of this 9 board for eight years, and Mr. Vick has been a member of this 10 board for nine years, and are without hesitation renewing up, 11 and appreciate them. That's what makes this community close 12 the doors and open the doors and turn the keys. So, I move 13 that we reappoint Ronald Vick and Hugh Jons to the Kerr 911 14 Board of Directors. 15 COMMISSIONER LETZ: I'll second, with a comment. 16 JUDGE TINLEY: Motion made and seconded. Question 17 or discussion? 18 COMMISSIONER MOSER: Question. Who -- who makes 19 the nomination? 20 COMMISSIONER BALDWIN: I just did. 21 COMMISSIONER LETZ: We do. 22 COMMISSIONER MOSER: Okay. So, it's a little bit 23 on the -- like on the Airport Board, they make the 24 recommendation, the board does. So, did we get anybody -- 25 any suggestions, or did you get any suggestions from 911 4-8-13 33 1 Executive Director? Other board members? Or -- 2 COMMISSIONER BALDWIN: To appoint these guys? 3 COMMISSIONER MOSER: Yeah. 4 COMMISSIONER BALDWIN: Of course. 5 COMMISSIONER MOSER: Okay. Well -- 6 COMMISSIONER BALDWIN: Yeah, the 911 Executive 7 Director always phones us -- 8 COMMISSIONER MOSER: Okay. 9 COMMISSIONER BALDWIN: -- and lets us know that our 10 guys are up. 11 COMMISSIONER MOSER: Okay. 12 COMMISSIONER BALDWIN: And then we visit with them 13 and see if they want -- if they're willing to continue 14 service or not. 15 COMMISSIONER MOSER: Okay. 16 COMMISSIONER BALDWIN: So, that's how it works. 17 COMMISSIONER MOSER: Okay. 18 COMMISSIONER LETZ: Another comment I just want to 19 make is that the -- you know, the good job this board has 20 done. This is one of the few examples in government where 21 their budget has decreased substantially since they've been 22 on that board. I mean, they -- they have, you know, under 23 their leadership and the others on the board, and the 24 Executive Director, Bill Amerine, you know, they're out there 25 trying to provide the service at the lowest possible cost. 4-8-13 34 1 And I think when -- probably nine years ago, I think we had 2 four or five people on that staff, and now we're at two. 3 COMMISSIONER MOSER: Right. 4 COMMISSIONER LETZ: So, I mean, you know -- 5 COMMISSIONER BALDWIN: And we were going through 6 the -- the address changing. 7 COMMISSIONER LETZ: Yeah. 8 COMMISSIONER BALDWIN: County-wide. And, oh my 9 god, that was one of the worst times in history. 10 COMMISSIONER LETZ: Yeah. And so -- and they've 11 done -- I mean, my hat's off to that whole board, and 12 certainly these individuals. 13 COMMISSIONER MOSER: Let me just echo that same 14 thing. I think from my perspective, they've done a superb 15 job, and these two board members being part of that over that 16 period of time is -- says a lot. So -- 17 COMMISSIONER BALDWIN: It does. Thank you. 18 COMMISSIONER MOSER: -- they do a great job. 19 COMMISSIONER BALDWIN: Thank you, sir. 20 JUDGE TINLEY: Okay. We got a motion and second. 21 Any further question or discussion? All in favor, signify by 22 raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 4-8-13 35 1 JUDGE TINLEY: Motion carries. Item 7; consider, 2 discuss, and take appropriate action to approve and execute 3 an agreement with Kerrville Public School Foundation for the 4 use of Flat Rock Lake Park for the Great Duck Race event. 5 MS. STAVINOHA: We're going to lighten the agenda 6 here this morning and talk about rubber ducks. Good morning, 7 Judge and Commissioners. I'm Stacy Stavinoha. This is 8 Denise McCullough and Cayce McCormick, and we're here 9 representing the Public School Foundation. And we are 10 planning to have our duck race at Flat Rock Park at the end 11 of this month. And I believe Rob sent you the map of our 12 layout on the park last week. 13 MR. HENNEKE: I intended to. (Laughter.) 14 MS. STAVINOHA: Oh. 15 JUDGE TINLEY: He was a'fixing to. 16 MS. STAVINOHA: I guess I could have brought extra 17 copies. He said he got them to you. I can pass mine around. 18 If you would pass that around so you can see -- 19 COMMISSIONER BALDWIN: Thank you. 20 MS. STAVINOHA: -- the logistics of what we are 21 planning for our event. 22 MR. HENNEKE: It's in there, Jody? 23 MS. GRINSTEAD: It's in the backup. You did it. 24 It was late, but -- 25 MS. STAVINOHA: You did it? 4-8-13 36 1 MS. GRINSTEAD: It's on there, 7(a). 2 MR. HENNEKE: It's Jody's fault. 3 COMMISSIONER MOSER: Sounds like a lawyer. 4 COMMISSIONER BALDWIN: Is this -- is this the 5 program that his wife said to do? Wasn't this the one? 6 COMMISSIONER MOSER: And I bet she told him to send 7 this out. 8 COMMISSIONER BALDWIN: Yeah, I bet she did. Jody, 9 get his wife on the phone. (Laughter.) 10 MS. STAVINOHA: And when you look at the map, 11 actually, our plan is we do have a drop point with the crane 12 to drop the ducks into the river. And Tad Perry has been to 13 the site, and he will be able to have his crane on the road, 14 so it won't be on the grass or anything. And, of course, 15 the ducks really don't necessarily float on their own; we 16 pretty much drag them down river, so we don't worry about 17 which way the river is flowing. It just -- we kind of drag 18 them down river, and then the take-out point will be at the 19 boat ramp. But we will make sure to just take up just a very 20 small portion, so if somebody decides they really want to put 21 their boat in that day -- although I think if they drive in 22 and see all the hamster balls and the ducks, they'll think it 23 might not be the best fishing day there. And then we will -- 24 we have quite a few volunteers, several other nonprofits that 25 will be working with us, so we will have volunteers to help 4-8-13 37 1 with parking, and we'll have signage and volunteers to show 2 people where to park. And, of course, it will just be a 3 nice, fun event. It's really for the families and the kids. 4 And they, you know, just have a great time down there at the 5 park. Any questions? 6 COMMISSIONER LETZ: What are hamster balls? 7 MS. STAVINOHA: Those are the big inflatables, and 8 the kids actually get inside and then they roll. And, 9 actually, the inflatables, the company actually provides the 10 people to, you know, watch all the kids, so we don't even 11 have to have volunteers for that, 'cause they -- 12 COMMISSIONER BALDWIN: Appreciate you asking that 13 question, though. 14 MS. STAVINOHA: But they're a lot of fun, if you 15 want to come down and get in one. 16 COMMISSIONER BALDWIN: I think I'll pass. 17 COMMISSIONER MOSER: Do you have one that's really 18 large? 19 MS. STAVINOHA: They probably have the sign -- 20 usually you have to be this tall to do it. I think you can 21 only be this tall. 22 COMMISSIONER BALDWIN: Don't go there. 23 COMMISSIONER LETZ: You could roll in it. 24 JUDGE TINLEY: We're going to have a band there? 25 MS. STAVINOHA: We are going to have a band. The 4-8-13 38 1 Flashbacks will be playing, and that will be fun. They come 2 every year. 3 JUDGE TINLEY: You got any provision allowing for 4 local musicians to sub in with that band? 5 MS. STAVINOHA: No. I'd love to. 6 JUDGE TINLEY: I think we've found you a gig, 7 Baldwin. 8 COMMISSIONER BALDWIN: Okay. Can we add that to 9 the contract? 10 COMMISSIONER MOSER: Before this goes too far, I 11 move that we approve the recommendation by the Kerrville 12 Public School Foundation for the use of Flat Rock Park, 13 purpose as so requested. 14 COMMISSIONER BALDWIN: Second. 15 COMMISSIONER LETZ: Second. 16 JUDGE TINLEY: Motion made and seconded. I assume 17 that includes the rental agreement that the County Attorney 18 has prepared, which -- 19 COMMISSIONER MOSER: And the rental agreement. 20 JUDGE TINLEY: It's attached. 21 MS. STAVINOHA: There we go. You did good. Thank 22 you, Rob. 23 MR. HENNEKE: You're welcome, Stacy. 24 JUDGE TINLEY: I have a motion and second. 25 Question or discussion? All in favor, signify by raising 4-8-13 39 1 your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: Motion carries. 6 MS. STAVINOHA: Thank you. 7 JUDGE TINLEY: Thank you. 8 MS. STAVINOHA: We welcome you to come down and 9 join us. Thank you. 10 JUDGE TINLEY: Okay, let's go to Item 8; to 11 consider, discuss, take appropriate action to hire or engage 12 consultant for study and recommendations on salary, job 13 descriptions, and benefits for Kerr County employees. 14 Commissioner Letz? 15 COMMISSIONER LETZ: Yes, I put this on the agenda. 16 I think I made a comment at the last meeting, probably at 17 several other meetings, that it has been a long, long time 18 since the County did the Nash study. I believe it was about 19 2000. And while they're -- it's a painful process, at least 20 the Nash study was a painful process, I don't know that they 21 always are. To have someone from the outside look at all of 22 our job descriptions, all of our pay -- our whole pay scale, 23 and make sure that someone in the clerk's office that's doing 24 a certain amount of work is paid the same as someone at Road 25 and Bridge doing that kind of work, you know, it's kind of -- 4-8-13 40 1 make sure that we're doing, you know, the best we can, and it 2 really takes a professional to do that, to make sure. You 3 know, part of that is also, I think, you know, a little bit 4 of a salary study to see how we're doing in that area. But 5 that's not as important to me as just to make sure that our 6 employees are being paid appropriately based on the work that 7 they're doing. 8 Since the Nash study was originally approved, there 9 have been countless revisions to job descriptions. I mean, 10 beyond countless. I doubt there's any of them that are left 11 the same as they were back then. And every time we do that, 12 a lot of times they're done with the idea of, well, if we 13 change this and this, then we can increase that person's 14 salary. And a lot of it's been done along the way of 15 reducing staff along the -- while doing that, so it was -- 16 they were justified. So, I just think we need to start this 17 process. Our H.R. Director has done some preliminary 18 talking, and I think she may have the money in her budget. 19 And, really, this is more on the agenda to authorize her to 20 take the next step and bring back some proposals to the Court 21 to look at what it would cost and, you know, several 22 companies. I don't know that we have to do -- because of the 23 dollar amount, I don't believe we need to do a formal RFP on 24 this. I think the quotes she's been getting are in the 25 $20,000 range. We could do a formal request. It's up to, 4-8-13 41 1 you know, the Court, certainly. But I just think we need to 2 get the process going. If we have the funds to do it this 3 summer, I think we should do it. If not, we should put it in 4 the budget and do it next budget year. 5 COMMISSIONER MOSER: Last time it was done is 2000? 6 COMMISSIONER LETZ: 2000. 7 COMMISSIONER MOSER: Good. 8 COMMISSIONER LETZ: So it kind of gets that ball 9 moving. 10 COMMISSIONER MOSER: Okay. 11 COMMISSIONER BALDWIN: I agree with you. 12 JUDGE TINLEY: And what you would be seeking today 13 is just authorizing the H.R. Director to solicit proposals, 14 as it were, from people that do that sort of thing, so -- 15 COMMISSIONER LETZ: Right. 16 JUDGE TINLEY: -- she can come back to the Court 17 and give us an idea of what's out there, the range of costs 18 and services. 19 COMMISSIONER LETZ: Yeah. And then also look at 20 our own budget, or get with the Auditor, see if it can be 21 funded this year. It's not a funded item in the budget, but 22 there are, I believe, some funds in the H.R. Department where 23 this could come from. 24 COMMISSIONER MOSER: Does this even require Court 25 action to get her to do that? 4-8-13 42 1 COMMISSIONER LETZ: I think that -- I mean, I think 2 she can probably do it, but I think it's really -- this is 3 appropriate to come under the Court, because this is a -- you 4 know, it's a county-wide study, and it's not a budgeted item. 5 COMMISSIONER MOSER: Okay. 6 COMMISSIONER BALDWIN: Second. 7 COMMISSIONER LETZ: I make a motion to authorize 8 the H.R. Director to do this. 9 JUDGE TINLEY: And I believe you seconded, 10 Commissioner Baldwin? 11 COMMISSIONER BALDWIN: I've been trying to for 12 about 20 minutes. 13 JUDGE TINLEY: All right. I have a motion and 14 second. Questions or discussion? All in favor, signify by 15 raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: The motion does carry. Let's move 20 to Item 11; to consider, discuss, take appropriate action to 21 approve construction of new signs outside the Sheriff's 22 Office and the Annex. Sheriff? 23 SHERIFF HIERHOLZER: If any of y'all have been out 24 there, the old green sign that says "Kerr County Sheriff's 25 Office and Jail" that I think, under original construction 4-8-13 43 1 almost 20 years ago, 18 years ago, was actually put up by the 2 Highway Department, is barely hanging on. It's about had it. 3 And with the annex building next door, I don't know if you 4 have color pictures in your backup, but -- I would like to 5 get these back, but here are two that pretty well represent 6 the color of what the signs will be. The written part of the 7 signs will be 4 foot by 8 foot, two-sided. The funding for 8 this comes from community service workers, and also from my 9 donation account. It is not costing the County anything. 10 JUDGE TINLEY: No taxpayer funds? 11 SHERIFF HIERHOLZER: No taxpayer funding. I have 12 taken the liberty, you might say, to go ahead and apply for 13 and receive the building permits so that we can make sure, 14 before it came to y'all, that everything is in order and 15 ready to be constructed. It did require building permits. 16 They are not going to be lighted, but they will be what they 17 call monument signs, pretty well like they have across the 18 street at those apartments across from the Sheriff's Office. 19 COMMISSIONER MOSER: Where are they going to be 20 located? 21 SHERIFF HIERHOLZER: One is going to be in front of 22 the Sheriff's Office itself, where the green sign currently 23 is by the driveway, and the other one will be in front of the 24 Sheriff's Office Annex building. 25 COMMISSIONER MOSER: Okay, got you. 4-8-13 44 1 SHERIFF HIERHOLZER: Where that green sign is. 2 That's only a one-sided sign. These will give us more 3 permanent -- the wood part, painted part will be able to be 4 replaced at times whenever it wears out, but it does give us 5 a lot better signage out there that we do not have. And with 6 the other buildings -- I know at one time we had T.A.B.C. out 7 there; we don't have that any more. There's just been some 8 changes. I checked with the Highway Department a year ago, 9 and they said they don't do that any more on making those 10 signs, so we have to do it ourselves. 11 COMMISSIONER LETZ: I think it's a good idea. It 12 needs to be done. 13 COMMISSIONER BALDWIN: I do too. Make a motion. 14 COMMISSIONER MOSER: I make a motion that we 15 approve the signs. 16 COMMISSIONER BALDWIN: Second. 17 JUDGE TINLEY: Motion made and seconded for 18 approval. Question or discussion? 19 COMMISSIONER LETZ: Rusty, I like it when you go 20 out and get money to do these things without taxpayer 21 dollars. 22 SHERIFF HIERHOLZER: I figured you would, Jonathan. 23 JUDGE TINLEY: Any other questions or comments? 24 All in favor of the motion, signify by raising your right 25 hand. 4-8-13 45 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: Motion carries. Let's go to Item 5 12; to consider, discuss, and take appropriate action on the 6 audit report for the Environmental Health Department. 7 MR. ROBLES: Morning, Commissioners. 8 JUDGE TINLEY: Mr. Robles, Assistant Auditor. 9 MR. ROBLES: How are y'all doing? Mr. Garcia came 10 to us and requested an audit of his department. We were 11 happy to oblige him. Before any field work was conducted, I 12 read through the most current audit, and there was nothing 13 but good things to be said about him and the job they do up 14 there. Through my observations, it was apparent that their 15 staff is very knowledgeable, efficient, with a high level of 16 accountability and internal control. There are no findings 17 or recommendations to be made at this time, other than 18 they're continuing to train their newest staff member. If 19 there's no questions from the Court, I'd like to thank Mr. 20 Garcia and his staff on a job well done. 21 COMMISSIONER LETZ: Great. 22 COMMISSIONER BALDWIN: I agree with you. 23 COMMISSIONER LETZ: Thank you. Thank you for doing 24 the audit, and thank you for requesting the audit. 25 COMMISSIONER MOSER: Move it be accepted. 4-8-13 46 1 COMMISSIONER BALDWIN: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 acceptance of the audit report. Question or discussion? All 4 in favor, signify by raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: The motion does carry. It appears 9 that the two remaining items are dealing with timed items 10 which we're not quite ready for, so let's go to Section 4 of 11 the agenda, payment of the bills. 12 COMMISSIONER BALDWIN: Move we pay the bills. 13 COMMISSIONER LETZ: Second. 14 JUDGE TINLEY: Motion made and seconded for payment 15 of the bills. Any question or discussion? All in favor, 16 signify by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: Motion carries. Budget amendments. 21 There are two different budget amendment requests, one 22 containing eight items, the other containing six items. Any 23 questions from any member of the Court on any of those? Do I 24 hear a motion that the budget amendments, as evidenced by the 25 two different requests, one being 1 through 8 and the other 4-8-13 47 1 being 1 through 6, be approved as presented? 2 COMMISSIONER BALDWIN: So moved. 3 COMMISSIONER LETZ: Second. 4 JUDGE TINLEY: Motion made and seconded that the 5 indicated budget amendments be approved. Question or 6 discussion? All in favor, signify by raising your right 7 hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: Motion carries. 12 COMMISSIONER BALDWIN: Judge, I do have a quick 13 question. 14 JUDGE TINLEY: Yes, sir? 15 COMMISSIONER BALDWIN: The one -- Sheriff, the one 16 -- the Center Point ISD share with the deputy salary there, 17 when does that -- when is that going to happen? Is it 18 already happening? 19 SHERIFF HIERHOLZER: It's already happening. 20 It's -- there was a person there every day. Center Point ISD 21 is very satisfied with the -- what they have in it. In fact, 22 they're even giving a little bit more in different things, 23 and it's -- so far, it's working out -- 24 COMMISSIONER BALDWIN: Super. 25 SHERIFF HIERHOLZER: -- very well. 4-8-13 48 1 COMMISSIONER BALDWIN: Fantastic. Thank you. 2 That's all. 3 JUDGE TINLEY: Any other questions? 4 COMMISSIONER BALDWIN: No, sir. Thank you. 5 JUDGE TINLEY: Okay. We do have some late bills. 6 Looks like Advantage Communications, Xerox Corporation; then 7 there are some payments in connection with Road and Bridge, 8 actually dealing with the Lazy Valley -- 9 COMMISSIONER LETZ: Right-of-way. 10 JUDGE TINLEY: -- right-of-way project, a total of 11 $1,500 on those. 12 COMMISSIONER BALDWIN: That's total? That's all of 13 them? 14 COMMISSIONER LETZ: That's all. 15 JUDGE TINLEY: Well, for the Lazy Valley. 16 COMMISSIONER BALDWIN: Yeah. Yeah. 17 JUDGE TINLEY: Okay. And then there's some 18 architectural fees to Mr. Lewis, working on the schematics 19 of -- I assume this is Phase 2 that he's working on. As I 20 recall, we had him capped at, I believe -- what, $2,500 or 21 $3,000? It's certainly within that cap, though. Then Lloyd 22 Gosselink, apparently there was a bill that was overlooked on 23 some of their services that they did. It goes way back to -- 24 looks like October of last year. 25 MR. HENNEKE: That wasn't overlooked, Judge. 4-8-13 49 1 That's part of the east Kerr wastewater, and we've got to get 2 it approved through the Water Development Board and get the 3 grant money released before we can pay it. It's just -- 4 COMMISSIONER LETZ: Might get lost there. 5 JUDGE TINLEY: Yeah. 6 MS. HARGIS: It has been. 7 JUDGE TINLEY: That's the east Kerr County project? 8 MR. HENNEKE: Yes, sir. 9 JUDGE TINLEY: Okay. Okay. 10 MS. HARGIS: That's it. 11 JUDGE TINLEY: And I believe that's it. Do I hear 12 a motion that the indicated late bills be approved as 13 presented? 14 COMMISSIONER BALDWIN: So moved. 15 COMMISSIONER LETZ: Second. 16 JUDGE TINLEY: Motion made and seconded for late 17 bills to be approved as presented. Question or discussion? 18 All in favor of the motion, signify by raising your right 19 hand. Are you going to vote, Commissioner Letz? 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: Okay. All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Motion carries. I've been presented 24 with monthly reports for March of this year from Kerr County 25 Payroll; County Clerk; Constable, Precinct 1; Justice of the 4-8-13 50 1 Peace, Precinct 3; Justice of the Peace, Precinct 2; and Road 2 and Bridge for November 2012. Do I hear a motion that the 3 indicated reports be approved as presented? 4 COMMISSIONER LETZ: So moved. 5 COMMISSIONER MOSER: Second. 6 JUDGE TINLEY: Motion made and seconded that the 7 indicated reports be approved as presented. Question or 8 discussion? All in favor, 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: The motion does carry. Okay. Still 14 not 10 o'clock, is it? Reports from Commissioners in 15 connection with their committee or liaison assignments. 16 Commissioner Baldwin? 17 COMMISSIONER BALDWIN: One o'clock, Upper Turtle 18 Creek School and cemetery, today. 19 JUDGE TINLEY: Anything else? 20 COMMISSIONER BALDWIN: No. 21 JUDGE TINLEY: Commissioner Moser? 22 COMMISSIONER MOSER: The only thing I'd report is 23 the work on the drainage ditch out at the airport by the 24 County, largely, and City also, is nearing completion. All 25 the permits are there. So, it's saving the City and the 4-8-13 51 1 County a lot of money, but a good joint effort. On the 2 library, I'd add one other thing on that. The process that 3 Commissioner Letz and I worked out with the City is -- is 4 like the County sent to the City and said we recommend a 5 10-year option on it at a certain rate. We're waiting for 6 the City to send to us what they propose is a long-term 7 agreement. So, same -- same type of action we initiated; 8 they're the ones initiating this one. This -- one thing 9 that's of note, since the fees at the library went into place 10 February 1st, the patrons; that is, the cardholders that live 11 in the county outside the city, has dropped by 85 percent. 12 So, there's been a huge reduction in those people in the 13 county who are cardholders and are participating in the 14 library. And that's all I have. 15 JUDGE TINLEY: Okay. Commissioner Letz? 16 COMMISSIONER LETZ: Ag Barn. I think at our next 17 meeting, we should have a revised recommended floor plan to 18 bring to the Court. It's very different than the previous 19 one. The -- Mr. Lewis has met with many others, and myself 20 and Bruce met with pretty much a lot of the stakeholders, and 21 have listened to a lot of them, and -- and, you know, 22 they're -- it's a very different looking plan. I think he's 23 trying to incorporate as much as is reasonable. Bruce and I 24 -- you know, there's some things that Bruce and I didn't 25 think were reasonable, such as carpet in the facility. You 4-8-13 52 1 know, so it's not like everything that was asked for or 2 thought of is being put in, but as much as is reasonable, in 3 our minds anyway, it will, probably with two options, be 4 brought back to the Court. The biggest change is whether to 5 have a single catering kitchen, and how you configure it with 6 that, and -- or you have two, and there's reasons for both. 7 And there's -- just to give kind of something for the Court 8 to look at and weigh, one of the things that -- why you have 9 architects involved with all this, every time we put up a 10 wall, we need four fire exits, and that has become a bit of a 11 challenge, because -- you know, from a building code 12 standpoint. So, you know, we've looked at it several times, 13 trying to not have hallways, 'cause hallways are obviously 14 expensive and a waste of space, in my mind, but configuring 15 things, and how you do different things, how to use it and 16 try to anticipate different uses. So, anyway, I think it 17 will -- it's been a good exercise. I think we'll be here 18 next meeting with two options for y'all to look at. 19 COMMISSIONER BALDWIN: Is -- is there any office 20 space in any -- any of the thinking? 21 COMMISSIONER LETZ: No. There -- well, I shouldn't 22 say there's none. There -- the -- the old space, you know, 23 where they have the bridge between the two buildings, where 24 they've got the office upstairs, you know, I've pushed pretty 25 hard to eliminate all that stuff, all the upstairs stuff and 4-8-13 53 1 all that. I mean, I think that it's just unnecessary. And 2 so -- but there is some space there that would be office 3 space for somebody. 4 COMMISSIONER BALDWIN: Yeah. 5 COMMISSIONER LETZ: And probably Stock Show 6 Association might be using it. They have some, but not a 7 substantial amount of office space for other departments, 8 other than probably Maintenance and Stock Show, and people 9 that are using it -- the work office out there. But we have 10 talked previously about Extension possibly moving in there, 11 or U.S.D.A. moving some of their office there. Those are not 12 in the scheme. 13 COMMISSIONER BALDWIN: It's a shame, but thank you 14 for the report. 15 JUDGE TINLEY: Anything else? 16 COMMISSIONER LETZ: That's it. 17 JUDGE TINLEY: Let's get elected officials and 18 department heads right quick. Ray? 19 MR. GARCIA: No, sir. 20 JUDGE TINLEY: Leonard? 21 MR. ODOM: No, sir. 22 JUDGE TINLEY: Sheriff? 23 SHERIFF HIERHOLZER: Two things real quick. One 24 is, of course, female population is staying high; we're at 30 25 this morning. The second is, what I'm passing around is a -- 4-8-13 54 1 I've got a budget line item that is going to have a, 2 probably, what I estimate, pretty big overdrawn amount in it 3 this year. We're already at the last penny in it, and that 4 is our vehicle maintenance. This does not cover oil changes. 5 But we are going to definitely be over budget. I'm out of 6 tires now; we've got to purchase more tires for several of 7 the units, which will put us over. I think last week we only 8 had $100 left in it. And I got to looking at why did we go 9 over this year, and if you look at the last number of years 10 in that line item, where I highlighted the original, I think 11 it's pretty well self-explanatory. Back in '07 -- well, 12 actually '06-'07 and '07-'08, you'll see that line item in 13 that budget actually had 50,000 in it, up to 55,000. We've 14 cut that over the last number of years, and tightening the 15 belt throughout the county, and plus we had some -- purchased 16 some vehicles, quite a few of them, during that time, and we 17 were able to cut it all the way down to 25,000 this year. 18 But now those vehicles have a lot more mileage on them, and 19 I'm going through a lot more expensive maintenance. We have 20 just ordered, you know, four new vehicles, but the 21 maintenance fees are going to definitely bust that line item 22 this year. In fact, this next month. So, it would be things 23 -- and the way my budget's been -- been done, I do not know, 24 gentlemen, where we're going to pull that money from, or if 25 it's going to require an overall county adjustment to be able 4-8-13 55 1 to fulfill that line item for the rest of the year. 2 COMMISSIONER MOSER: Who does the maintenance? 3 SHERIFF HIERHOLZER: We do the maintenance over at 4 Krauss' off G Street. He's been doing the Sheriff's Office 5 vehicle maintenance. One of the biggest expenses we're 6 having -- of course, you have to remember, any kind of damage 7 to a vehicle that's filed with insurance, you know, a number 8 of years ago the County went up, on saving on the overall 9 insurance policy, to a higher deductible. Those deductibles 10 do come out of that same line item. And the other issue that 11 we are having are tires. You know, with the Tahoes -- and 12 Bill over at Krauss' and I have had several conversations. 13 With the Tahoes, and being a police package and being the 14 high-speed type tires that they are, they're a lot softer 15 tire, and they just do not last like the tires on mine or 16 your vehicle would last, and we go through a large number of 17 those tires. And so I'm going to have to make some 18 adjustments to get through the rest of the year. 19 COMMISSIONER LETZ: Do you have a -- or will you 20 have an estimate for the year to get us through the year? 21 SHERIFF HIERHOLZER: We're at -- we're right at 22 25,000; we're six months into it, and that's what my budget 23 was. 24 COMMISSIONER LETZ: So you're looking at another 25 25,000? 4-8-13 56 1 SHERIFF HIERHOLZER: Probably looking at another 2 20,000, anyway. I just know I'm out of budget. 3 COMMISSIONER BALDWIN: Are you seeing more -- I 4 understand the tires aren't cheap. Are you seeing more 5 actual repairs to engines and things like that? 6 SHERIFF HIERHOLZER: We're having more repairs, 7 'cause those vehicles are getting older now. You know, we 8 were really able to cut it down, you know, right after we 9 bought those 20 vehicles, 15 vehicles. But those were all 10 2010's, okay. And now that those vehicles have higher 11 mileage, and the fact that they're police vehicles, the 12 maintenance -- the longer we keep them, the higher the 13 maintenance cost is going to cost us on those vehicles. 14 COMMISSIONER MOSER: Looking at your actuals, you 15 know, it looks like your $50,000 estimated would be right on 16 what it was in 2008-2009, so your 60,000 and 55,000, 54,000, 17 so -- 18 SHERIFF HIERHOLZER: Like, last year, '11, you 19 know, we were able to get it down, 'cause we got '10's; we 20 were able to get it down to 31 last year, 30, but right now 21 we're already at 25. I just expect that one to go at least 22 quite a bit over, and I just wanted to let y'all be advised 23 of that. That line item, and then the investigative expense, 24 as you've already been aware, because of one investigation we 25 had, those two line items I do have concerns over trying to 4-8-13 57 1 make it the rest of the year. 2 JUDGE TINLEY: Okay. Ms. Hargis, do you have 3 anything for us? 4 MS. HARGIS: No. 5 JUDGE TINLEY: County Attorney? 6 MR. HENNEKE: Yes, thank you. Two things. Two 7 things. One, contacting with the Chamber with Ms. Kristan 8 over there, we don't have an agreement in place yet for 9 KerrFest. We need to do one for their event this next month. 10 I wanted to ask if there was a member of the Court that 11 wanted to be, you know, working on the terms with them. Or 12 I'm happy to work up a package and bring it to the Court, but 13 I just -- that's something that needs to be done, and we 14 haven't gotten there. I don't know how their event has 15 evolved, but it has grown considerably over the last couple 16 of years. So -- 17 COMMISSIONER LETZ: I think it's in Precinct 2. 18 COMMISSIONER MOSER: I'd be happy to -- 19 MR. HENNEKE: It is in Precinct 2. 20 COMMISSIONER MOSER: I'll be happy to work with 21 you. 22 MR. HENNEKE: Okay, super. 23 JUDGE TINLEY: Solves that issue. 24 MR. HENNEKE: The other thing is, one of my 25 employees has had an interruption in child care issue, so the 4-8-13 58 1 temporary fix until we can get things working again, she's 2 reducing her hours, but I've hired a temporary worker who's 3 been trained to cover the gap until, you know, we work things 4 out. So, I wanted to let y'all know about it. It's 5 revenue-neutral. Actually, it will save money, because the 6 temp will be paid less and won't be accruing benefits. But 7 to my knowledge, it doesn't require a budget amendment or 8 anything. I just wanted to let y'all know that. 9 COMMISSIONER BALDWIN: Thank you. 10 JUDGE TINLEY: Thank you. Okay. I think we got 11 past 10 o'clock, so let's go to our 10 o'clock timed item, to 12 -- Item 9; to consider, discuss, take appropriate action on 13 the division of a 40.57-acre tract located at the dead end of 14 Acorn Court, a paved County-maintained road, into a 9.50-acre 15 and a 31.07-acre tract, being felt that this is the best 16 division due to terrain and a 100-foot L.C.R.A. high line 17 easement. The applicant's asking for a variance from the 18 County to Section 232.0015, Subparagraph (f)(1), which 19 requires all lots to be more than 10 acres in size. 20 Mr. Tuck? 21 MR. TUCK: Gentlemen, I appreciate your time. I'm 22 -- I'm the new kid on the block. I don't know what to do 23 here. I thought Commissioner Oehler would be here to vote. 24 I'm kind of counting on his vote here. I don't know whether 25 to proceed or ask for a delay. I don't know who to ask that 4-8-13 59 1 question of. 2 COMMISSIONER LETZ: Let me ask you a question. Is 3 there a reason you can't get the 9 and a half acre tract up 4 to 10 acres? I mean, what's the -- I see you have a power 5 line on one side. You know, that's a state law provision, 6 and I'm not sure -- I mean, we -- you know, we have a little 7 bit of latitude there, but our rules are adopting the state 8 law, that 10-acre minimum for -- you know, and it's to avoid 9 platting. If you plat it -- 10 MR. HENNEKE: You can plat it. Mr. Tuck's goal is 11 to avoid platting, but it's a 9 and a half acre tract, so it 12 doesn't fall under a -- the Local Government Code provision 13 he's referring to, it says that, you know, 10 acres and over 14 doesn't fall within platting. And then I think he's 15 requesting a -- a waiver of the platting process for a tract 16 that falls underneath 10 acres, and Mr. Tuck's position is 17 that the County has discretion to do that. I haven't 18 researched the matter. I know that there is that 10-acre 19 provision under the Local Government Code, but, you know, 20 even if it's discretionary, I -- I don't think we need to be 21 starting down that course, and would have reservations about, 22 you know, doing that. And it'd be up to the discretion of 23 the Court if they'd even consider any kind of waiver or 24 variance if it was permitted. I can research that if the 25 Court would like, but if it's -- if it's not an option 4-8-13 60 1 because the Court just isn't going to approve it, then that's 2 the answer there, too. 3 COMMISSIONER MOSER: And so the request for the 4 variance, or the rationale or reason is what? 5 MR. TUCK: Well, we'd like to get by without filing 6 a plat. 7 COMMISSIONER MOSER: Yeah, I understand that. 8 MR. TUCK: But -- 9 COMMISSIONER MOSER: Back to Commissioner Letz' 10 question, can you make it 10 acres? 11 MR. TUCK: We could. The survey's already been 12 done. We had it originally as 11.5 acres and a 30-acre 13 tract. And we sold a tract to Mr. Alva here, and he said, 14 "Well, my financing won't allow for the 11.5." I said, "What 15 would you be comfortable with?" He said, "9.5." I knew in 16 the back of my mind it was a -- I mean, I'd heard years ago 17 it was 10-acre tract, but it didn't dawn on me till we 18 actually went down and talked to Road and Bridge that it was 19 a 10-acre deal. 20 COMMISSIONER LETZ: I mean, I -- to me, it's got to 21 get to 10 acres, or 10.01, just because the -- a variance 22 here -- one, I'd have to -- it would have to be deferred, 23 'cause I'm not sure we can do a variance, 'cause it's a state 24 law provision that -- you know, that I believe former Senator 25 Wentworth pushed through at the Senate. But -- and our rules 4-8-13 61 1 on other variances explicitly say we cannot do them for 2 financial reasons. I mean, there are other areas where we do 3 have some discretion. So, I mean, you know, I understand the 4 cost of resurveying, and I just think that's the best option. 5 COMMISSIONER MOSER: I think for a variance, there 6 needs to be some strong reason to have a variance. There 7 ought to be -- put something in the record for granting a 8 variance because, and I haven't heard the "because." 9 MR. TUCK: Well, I was looking at it from the 10 grounds that y'all have your 3-acre minimum on lots that are 11 with the water system and paved roads, can be changed to 1 12 acres and 2 acres and 10 acres. So, this is a total of 40 13 acres. It looks to me like that could kind of apply to this 14 tract. The other problem is, the guy that's buying the other 15 tract of land doesn't want to lose a half acre of land, so 16 we've got kind of a -- I wish we weren't there, but that's 17 where we are. 18 COMMISSIONER LETZ: Put part of it under the power 19 line easement. 20 MR. TUCK: He doesn't want part of the power line. 21 And so it's thrown a -- I was hoping it would be just a -- a 22 variance would be a fairly easy deal to do, but may not be. 23 COMMISSIONER LETZ: It's, in my mind, a very 24 slippery slope precedent for us to set, if we have the 25 authority to do it at all. So, I mean, to me, the answer 4-8-13 62 1 is -- I'm sorry, is no. 2 MR. TUCK: Well, is this one we're taking a vote 3 on, or kind of -- 4 COMMISSIONER LETZ: That's just my view. I mean, 5 it's going to be -- it takes a majority of the Court to give 6 you the variance. 7 MR. TUCK: Yeah. 8 COMMISSIONER LETZ: And if you want to defer and 9 have it brought back, it's certainly your option. 10 COMMISSIONER BALDWIN: Certainly wouldn't try do 11 grant a variance here today without knowing if we have the 12 legal authority to do it. But, Mike, a half acre? 13 MR. TUCK: I know. 14 COMMISSIONER BALDWIN: Get out there and cut a 15 deal, man. You can do this. 16 MR. TUCK: We're trying. We're trying. 17 COMMISSIONER BALDWIN: Get -- buy an extra half 18 acre. Go do it, good gosh. 19 MR. TUCK: Thank you for your time, gentlemen. 20 COMMISSIONER LETZ: All right. 21 JUDGE TINLEY: Thank you, sir. Let's go to our 22 10:05 timed item, Item 10; consider, discuss, take 23 appropriate action to accept right-of-way dedication from the 24 Oasis Group, L.L.C., and approve a right-of-way easement. 25 Mr. Henneke? 4-8-13 63 1 MR. HENNEKE: Gentlemen, you should have the 2 easement document, or I think Judge Tinley has it. This is 3 in connection with the same transaction. There's a .035-acre 4 tract that would be the -- kind of the gap in between the 5 current county roadway and the entranceway for this almost 6 10-acre tract. And so the desire was to dedicate -- not to 7 deed the land, but to dedicate an easement so that the public 8 roadway would connect with the property line of the tract 9 that they're creating. And it's adjacent to the existing 10 County-maintained roadway. I don't think it's -- I don't 11 think it's a County-maintained road. 12 MR. TUCK: Yes, it is. 13 MR. ODOM: No, it's not. 14 MR. HENNEKE: It's filling in the piece on the 15 existing road, so that there wouldn't be a gap between the 16 new property owner's property and the road. 17 JUDGE TINLEY: Is this particular transaction 18 contingent upon the previous agenda item, or is this 19 something that needs to be done anyway? 20 MR. HENNEKE: It was asked by Mr. Tuck's group. 21 I -- I defer to him. I don't have an objection to it, just 22 because it's adding on to the existing roadway, and we're not 23 acquiring any kind of fee simple interest on it. Do you want 24 this -- do you want this regardless? 25 MR. TUCK: I would like this regardless. It was -- 4-8-13 64 1 if you look at the -- where Acorn Court joins the property 2 there, there's an inset up at the top right of the plat, and 3 you can see that Acorn Court was done in two sections. 4 Westwood Oaks, Section 2 was filed at one point, and Westwood 5 Oaks, Section 1 was filed at a different point. And there 6 was a gap in between going to the -- where Acorn Court ends, 7 there's a gate, and it's paved all the way to the gate. It 8 was just an oversight between the two plats not matching. 9 And this was just a few -- it was filed just a few months 10 after the Commissioners Court passed their subdivision 11 regulations, so I think it was new to everybody. And I can 12 see how -- I wasn't here, but I could see how it could 13 actually be overlooked, 'cause they were filed at different 14 times. The county -- it is paved to the gate, to the end of 15 the road. Has been since the plat was filed in '84. 16 JUDGE TINLEY: So, essentially, what we have here 17 is, this little piece that we're talking about getting a 18 right-of-way on is actually part of a roadway that has not 19 been dedicated. 20 MR. TUCK: Part of the roadway has been dedicated, 21 except for this little point -- the .2 -- .025 acres that was 22 left off of the dedication when they filed the two plats. 23 JUDGE TINLEY: So, we got half of a roadway which 24 has not been dedicated that needs to be dedicated. 25 MR. TUCK: It has been dedicated. It had been 4-8-13 65 1 County-maintained since 1984, and it's paved. 2 COMMISSIONER MOSER: I'm confused. 3 COMMISSIONER LETZ: But it's been -- 4 MR. TUCK: Is there a disagreement over that? 5 COMMISSIONER BALDWIN: Yeah. 6 MR. TUCK: Well, I -- 7 COMMISSIONER LETZ: When you say -- I think maybe 8 it's terminology. You're using -- you said "dedicated." 9 That .035 acres has not been dedicated. It's in the road, 10 but it has not been dedicated. Is that right? 11 MR. TUCK: All the roads in Westwood Oaks 12 Subdivision have been dedicated and County-maintained, with 13 the exception of this .25, which was an oversight. 14 COMMISSIONER LETZ: .035. 15 MR. TUCK: Exactly, .035. 16 COMMISSIONER LETZ: Okay. That .035 piece has not 17 ever been dedicated to the County. 18 MR. TUCK: Not -- just an oversight. 19 COMMISSIONER LETZ: Okay. 20 COMMISSIONER MOSER: So this is to dedicate that 21 .035 acres. 22 COMMISSIONER LETZ: Right. 23 COMMISSIONER MOSER: So then it's all dedicated to 24 the -- 25 COMMISSIONER LETZ: Then the whole road 4-8-13 66 1 right-of-way is dedicated. 2 MR. TUCK: We're dedicating 10 foot more. 3 COMMISSIONER BALDWIN: But being dedicated and 4 County-maintained are two different -- 5 JUDGE TINLEY: Not one and the same. 6 COMMISSIONER BALDWIN: "Accepted" is a different 7 animal, you know. 8 MR. ODOM: That's right. And he's -- 9 COMMISSIONER BALDWIN: Just because you dedicate it 10 doesn't mean that he's going to run out there and start 11 maintaining it. 12 MR. TUCK: Maybe it's a matter of semantics here. 13 The road -- and, Leonard, I'm not trying to disagree with 14 you. I thought when we talked the other day -- it's been 15 paved to the gate, which is end of the road, and the County 16 has it on their list that it's a County-maintained road. But 17 when you -- .025 acres, I mean, that's not from here to -- 18 COMMISSIONER LETZ: .035. 19 MR. TUCK: It's just a very small strip of land. 20 There hasn't been an easement to -- I tried to give a deed, 21 and Mr. Henneke said he'd rather have an easement. So, 22 either way -- 23 COMMISSIONER BALDWIN: Have you been maintaining 24 it? 25 MR. ODOM: No. It's just a short road. 4-8-13 67 1 COMMISSIONER BALDWIN: Which one of you guys are 2 telling the truth? 3 MR. ODOM: His thoughts. I can tell you, I don't 4 maintain it. It's a short road. I take care everything else 5 in there, but we don't have -- it's not on our road list, the 6 rest of Acorn Court, no, sir. It's probably 100 feet long, 7 if it's that long. What happened was 25 foot was given 8 because somebody owned one -- that tract of land. The other 9 part was another tract, as he was saying. It's -- this 25 10 foot is what he's doing, to the south on Acorn, to give that 11 to the County. And he's giving another 10 foot, which would 12 make it 65 foot, so if anybody develops that, we may have 50 13 foot right there, but anything inside that property would go 14 to a 60-foot right-of-way to -- if that 30 acres was ever 15 developed. And I believe that misunderstanding -- and I 16 spent an hour trying to explain, because it is a county road, 17 and it may be dedicated to the County; it doesn't mean that I 18 maintain it. I don't maintain it. 19 COMMISSIONER LETZ: So, on the plat, it said it was 20 to be dedicated. We've never -- there's nothing to accept 21 it. 22 MR. ODOM: It's not on the road list. 23 MR. TUCK: I thought Kelly brought it out and said 24 Acorn is on the road list. 25 MR. ODOM: There's Kelly. Kelly, is this -- 4-8-13 68 1 MS. HOFFER: Well, I don't have the road list in 2 front of me. I think -- I know for sure there's a road 3 called Aspen Way -- isn't there? Aspen? 4 MR. TUCK: Aspen is down here, but it's not 5 County-maintained. 6 MS. HOFFER: Aspen I know is not County-maintained, 7 but Acorn, I -- with not having the road list directly in 8 front of me, I honestly cannot say, but I know Aspen is not 9 County-maintained. 10 JUDGE TINLEY: Well, we're getting off the point 11 here. What we need to do is pick up this .035, and then 12 we've got all the roadways -- 13 MR. ODOM: That's right. 14 JUDGE TINLEY: -- that's actually there. 15 MR. ODOM: That's right. 16 COMMISSIONER LETZ: We're not going to accept it. 17 We can do that, but we're not going to accept it. 18 COMMISSIONER MOSER: As maintained. 19 COMMISSIONER LETZ: But that plat -- and I don't 20 mean to try to come up with something that's going to cost 21 you money, but doesn't the plat need to be revised that this 22 should belong to? I mean, isn't that the way to correct the 23 right-of-way under that plat? 'Cause you mentioned there's 24 two plats been filed. That -- that plat should be revised -- 25 or one of the plats should be revised to include that 4-8-13 69 1 acreage. Isn't that the way you do that? 2 MR. TUCK: Well, the Section 1 doesn't -- Section 1 3 ended. We had the plat of Section 1 here. 4 MR. HENNEKE: That's not how we did it with River 5 Road a couple weeks ago, when we had that trust acreage that 6 had the road going through their property, and they had 7 wanted to deed the fee simple of the roadway to the County 8 cutting through, and we said no, that we don't want to own 9 just a random sliver of land. But they dedicated an 10 easement, so -- and in that situation, that was also -- 11 COMMISSIONER LETZ: That was in a platted 12 subdivision? 13 MR. HENNEKE: No. 14 COMMISSIONER LETZ: This is in a platted 15 subdivision. 16 MR. HENNEKE: I hadn't thought of that. That's a 17 fair point. 18 COMMISSIONER BALDWIN: I would think so, 'cause 19 you're actually changing -- 20 COMMISSIONER LETZ: Changing that. 21 COMMISSIONER BALDWIN: Making a change. 22 COMMISSIONER LETZ: I guess you don't have to, but 23 it makes it cleaner to. But, you know -- 24 JUDGE TINLEY: Isn't the roadway actually shown on 25 one of the two plats? 4-8-13 70 1 COMMISSIONER LETZ: Yes. 2 JUDGE TINLEY: The problem is -- 3 MR. TUCK: Half of the roadway has been -- 25 foot 4 of the 50 foot has been dedicated to the County. The other 5 25 foot did not, and that's because Acorn Oaks, Section 1, 6 the tract ended. The tract that it served ended there. They 7 should have -- they should have put in a cul-de-sac, 8 according to your subdivision regulations, but they didn't. 9 I imagine Landon stood here and said yes, I'm going to 10 extend -- I'm guessing I'm going to extend the road; we're 11 going to put a cul-de-sac up here later, and we don't need 12 one. And if you go back down this same plat to Aspen Way, 13 it's the same way. And I imagine Landon said we're going to 14 extend the road, gentlemen, and things were not as tight then 15 as they are now. And -- 16 MR. ODOM: Well, the '80's came along and the 17 bottom fell out of everything. 18 MR. TUCK: So, anyway -- 19 COMMISSIONER LETZ: I think -- and I hate to put 20 you off on this. I mean, I think this needs to be cleaned 21 up, but I think we need to make sure we know the best way to 22 clean it up. 23 MR. TUCK: Okay. 24 COMMISSIONER LETZ: And, to me, it's a -- it's a 25 revision of that plat. 4-8-13 71 1 MR. TUCK: How can I -- I'm not a signatory on the 2 plat. How can I revise something I had nothing to do with? 3 It would be -- 4 COMMISSIONER LETZ: Who owned the plat? 5 MR. TUCK: Landon Jones signed the plat, but he's 6 no longer with us. 7 MR. ODOM: His estate. 8 JUDGE TINLEY: Yeah. 9 MR. ODOM: His estate owns it. 10 MR. TUCK: Well -- 11 COMMISSIONER LETZ: You can't just dedicate -- who 12 owns the .035 acres? 13 MR. TUCK: The Oasis Group -- Landon Jones owns 14 half of it, and Oasis Group owns half of it. And this 15 easement was signed by the executor of Landon Jones' estate 16 and Oasis Group, so the people who own that property right 17 now have signed an easement to the County. 18 COMMISSIONER MOSER: I see. 19 MR. TUCK: And whether the County -- whether it's a 20 county road or not, -- 21 COMMISSIONER LETZ: Right. 22 MR. TUCK: -- people are using it. And I think to 23 be able to take the easement, then -- I mean, it's -- I never 24 even thought of that. So, my worst nightmare. But, 25 anyway -- 4-8-13 72 1 COMMISSIONER BALDWIN: To me, that's a legal 2 question. We have to put this off a couple weeks, and for 3 him to decide whether we need to replat or -- I don't know. 4 COMMISSIONER LETZ: Mr. Tuck has a valid question 5 as to who does the replat. 6 MR. TUCK: How can I replat it? 7 COMMISSIONER LETZ: Or can a third -- can the 8 County just revise it? 9 COMMISSIONER BALDWIN: Well, isn't that -- the 10 Franklin Williamson on here, wouldn't that -- 11 JUDGE TINLEY: He's the executor of Landon's 12 estate. 13 COMMISSIONER BALDWIN: Wouldn't he be the one to 14 head that up? 15 JUDGE TINLEY: He could. 16 MR. TUCK: Well, it would be Landon -- at the time, 17 James Eliot, who used to be president of -- of Bank of 18 Kerrville, was Landon's partner, and then he got a divorce, 19 and Linda Minter took over, and we bought from Linda. 20 COMMISSIONER BALDWIN: Yeah. 21 MR. TUCK: If you want an abstract of -- abstract 22 of the title, that's abstract. 23 COMMISSIONER MOSER: I think it could be cleared 24 up, but not today. 25 MR. ODOM: So, we're asking Rob to -- 4-8-13 73 1 MR. HENNEKE: I was looking back at Leonard. 2 MR. ODOM: Yeah, I know you were. 3 COMMISSIONER LETZ: Well, it's clearly not a 4 County-maintained road. We know that. 5 MR. HENNEKE: Right. 6 COMMISSIONER LETZ: It's a public road -- 7 MR. HENNEKE: It's a public road. 8 COMMISSIONER LETZ: -- that we need to clean up, 9 should be cleaned up. 10 MR. HENNEKE: You know, and other situations where 11 you've had, you know, non-substantive, you know, changes to 12 an old plat, I think y'all have accepted the revision without 13 going through the replat process. I think you moved a lot 14 line. I don't know if this is -- 15 COMMISSIONER LETZ: I think you can still do a 16 minor revision; it can come through one time. But when you 17 get into a whole existing subdivision, that's something you 18 have to have a public hearing. I think we need to pass on 19 this. Let's think about this one a little bit more -- 20 MR. HENNEKE: Okay. 21 COMMISSIONER LETZ: -- and figure out the best way 22 to do it. I think it needs to be done. I'm glad you brought 23 it forward. I'm just not sure what we need to do -- 24 MR. ODOM: Legally. 25 COMMISSIONER LETZ: -- legally to do it, because 4-8-13 74 1 it's -- technically, it should be a revision of plat, but 2 that opens up a whole, you know, bunch of other issues and 3 expenses. And expenses aren't that much of an issue to me, 4 but I don't know why you should have to pay for it; it's not 5 your property. 6 MR. HENNEKE: Well, it's in the County's interests 7 to have a complete right-of-way. 8 COMMISSIONER BALDWIN: Sure. 9 MR. HENNEKE: You know, dedicated all the way up to 10 where it ends. So, let's -- I'll -- let's visit on this. 11 COMMISSIONER MOSER: I think Commissioner Oehler -- 12 Commissioner Oehler and Rob can see if they can't clean this 13 up and bring it back. 14 MR. TUCK: If this is a county road on the county 15 list, can we do it at that point? 16 COMMISSIONER LETZ: Well, that really doesn't 17 change this at all. This issue as to how we get it into the 18 system, I think, is -- you know, is two separates things, and 19 they're not really related at all. If it's a county road, I 20 guess -- I mean, it's still within a plat. 21 MR. TUCK: I would ask Rob -- I'd say 40, 50 22 percent of the county roads in this county have no dedication 23 at all. 24 COMMISSIONER LETZ: But they're prescriptive 25 easements, for sure. I don't know that this -- this may 4-8-13 75 1 qualify as a prescriptive easement. 2 MR. TUCK: Thank you, gentlemen. I hope the rest 3 of my week is better. 4 JUDGE TINLEY: Look forward to seeing you again. 5 MR. TUCK: Thank you. 6 COMMISSIONER BALDWIN: Nice to see you. 7 JUDGE TINLEY: Okay. Gentlemen, I think that 8 concludes everything on the agenda. Is there anything else 9 to come before the Court today on this particular agenda we 10 have before us? Hearing nothing further, we're adjourned. 11 (Commissioners Court adjourned at 10:32 a.m.) 12 - - - - - - - - - - 13 14 15 STATE OF TEXAS | 16 COUNTY OF KERR | 17 The above and foregoing is a true and complete 18 transcription of my stenotype notes taken in my capacity as 19 official reporter for the Commissioners Court of Kerr County, 20 Texas, at the time and place heretofore set forth. 21 DATED at Kerrville, Texas, this 10th day of April, 2013. 22 23 JANNETT PIEPER, Kerr County Clerk 24 BY: _________________________________ Kathy Banik, Deputy County Clerk 25 Certified Shorthand Reporter 4-8-13