1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, April 22, 2013 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X April 22, 2013 2 PAGE --- Commissioners' Comments 6 3 1.1 Public Hearing regarding revision of plat for 4 Lots 4 and 5 of Oak View Estates, Precinct 2 11 5 1.2 Consider/discuss, take appropriate action for final approval regarding revision of plat for 6 Lots 4 and 5 of Oak View Estates, Precinct 2 11 7 1.3 Consider/discuss, take appropriate action to review/accept concept plan for Harrison Tract 13 8 1.4 Consider/discuss, take appropriate action to 9 accept a gift from Ben Graves of a wooden map of United States showing every county 20 10 1.5 Consider/discuss, take appropriate action to 11 set a public hearing regarding Harrison Tract 22 12 1.13 Consider/discuss, take appropriate action to approve Tetra Tech subcontracting survey work 13 to Voelkel Land Surveying relating to services performed on Kerrville South Wastewater project 23 14 1.6 Consider/discuss, take appropriate action to 15 change private road name Lavaca Lane East to Frontier Trail East, Precinct 3 25 16 1.7 Consider/discuss, take appropriate action to 17 authorize Environmental Health Department Director to hire a full-time OSSF inspector 26 18 1.8 Consider/discuss, take appropriate action to 19 approve basic financial statement and supplementary information audit for period 20 ending September 30, 2012 30 21 1.9 Consider/discuss, take appropriate action to accept preliminary revision of plat for Lots 1, 22 3, 4, 5, 6, 7, 8, and 10 of Ranches of Sunset Ridge; set a public hearing, Precinct 3 42 23 1.10 Consider/discuss, take appropriate action for 24 the Court to accept preliminary revision of plat for Lots 13, 18, and 19 of Live Spring Ranch; 25 set a public hearing, Precinct 4 44 3 1 I N D E X (Continued) April 22, 2013 2 PAGE 1.11 Consider/discuss, take appropriate action to 3 name a private road Barn Hollow East, Precinct 2 47 4 1.12 Consider/discuss, take appropriate action to authorize Environmental Health Department to 5 pay tipping fees not to exceed $500 for City of Ingram annual solid waste clean-up 48 6 1.15 Consider/discuss, take appropriate action to 7 accept right-of-way dedication from the Oasis Group, LLC, and approve right-of-way easement 50 8 1.14 Consider/discuss, take appropriate action on 9 plans and bid documents for Phase 2 at the Hill Country Youth Event Center 52 10 1.16 Consider/discuss, take appropriate action to 11 authorize concrete work on two drainage areas at the Hill Country Youth Event Center parking lot 71 12 1.17 Consider/discuss, take appropriate action to 13 approve agreement with Kerrville Area Chamber of Commerce for use of Hill Country Youth Event 14 Center for KerrFest event, including use of Flat Rock Park for overflow parking 77 15 1.18 Consider/discuss, take appropriate action to 16 close River Road in connection with KerrFest event at Hill Country Youth Event Center 83 17 1.19 Consider/discuss, take appropriate action to 18 approve the hiring/replacement of deputy clerk in the District Clerk’s office who is retiring 84 19 1.20 Consider/discuss, take appropriate action to 20 replace sound system in indoor arena at Hill Country Youth Event Center 87 21 1.21 Consider/discuss, take appropriate action to 22 appoint Charity Fegenbush as Animal Control Manager and approve increase in salary 90 23 1.22 Consider/discuss, take appropriate action to 24 address possibility of prohibiting the sale or use of restricted fireworks in any portion of 25 the unincorporated area of Kerr County for the Cinco de Mayo holiday 94 4 1 I N D E X (Continued) April 22, 2013 2 PAGE 3 1.23 Consider/discuss, take appropriate action to schedule a tour of the Butt-Holdsworth Memorial 4 Library 97 5 1.24 Consider/discuss, take appropriate action to approve contract for two copiers in Sheriff's 6 Office 100 7 1.25 Consider/discuss, take appropriate action on authorizing Grantworks to apply for Texas Dept. 8 of Agriculture Colonia Grant for Kerrville South and Center Point wastewater systems 100 9 1.26 Consider/discuss, take appropriate action on 10 ratification and confirmation of Commissioners Court resolution for Johnny Manziel 104 11 4.1 Pay Bills 105 12 4.2 Budget Amendments 106 4.3 Late Bills --- 13 4.4 Approve and Accept Monthly Reports 107 14 5.1 Reports from Commissioners/Liaison Committee Assignments 108 15 5.2 Reports from Elected Officials/Department Heads 110 16 --- Adjourned 117 17 18 19 20 21 22 23 24 25 5 1 On Monday, April 22, 2013, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, April 22, 2013, at 9 a.m. It is that 11 time now. Commissioner Oehler? 12 COMMISSIONER OEHLER: Yes. Would you join me with 13 a word of prayer, and then followed by the pledge. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. Be seated, please. At 16 this time, if there's any member of the public or audience 17 that wishes to be heard with respect to any matter which is 18 not a listed agenda item, this is your opportunity to come 19 forward and tell us what's on your mind. If you wish to be 20 heard on an agenda item, we'd prefer that you fill out a 21 participation form. There should be some at the rear of the 22 room. That gives me notice that there is someone that wants 23 to be heard with respect to that item. If you haven't filled 24 out a participation form and we get to an agenda item you 25 wish to be heard on, get my attention in some manner and I'll 4-22-13 6 1 give you that opportunity. But right now, if there's any 2 member of the audience that wishes to be heard with respect 3 to any matter which is not a listed agenda item, this is your 4 opportunity to come forward and tell us what's on your mind. 5 Seeing no one coming forward, we'll move on. Commissioner 6 Oehler, what do you have for us this morning? 7 COMMISSIONER OEHLER: Well, all I really have, I 8 guess, is the fact that the Charity Ball happened over the 9 weekend, and I understand it was a success and did very well. 10 And it's a great thing that they are doing to help fund the 11 Phase 2 project of the event center. And I understand that 12 the door that I donated is going to be granted a special 13 function at some point in time. They had 50 people sign up 14 to do that prior to the event. So, they got it down there 15 and they used it for a backdrop, I think, during the evening, 16 which it took four people to load and unload, but it's pretty 17 large. Anyway, that's it. 18 COMMISSIONER BALDWIN: That's fantastic. 19 JUDGE TINLEY: All right. Commissioner Baldwin? 20 COMMISSIONER BALDWIN: Yes, sir, I do. Thank you. 21 I have -- I want to tell you about a couple of guys that I 22 met just this last week. I haven't met them face-to-face, 23 just telephone conversations, but hopefully they're going to 24 be in this courtroom in the month of May. I want you and the 25 community to meet these two guys, but I want to tell you a 4-22-13 7 1 little bit about them. One guy is -- his name is Vince 2 Ramirez. He is a state employee, what we would know as 3 M.H.M.R. I understand it's M.H.D.D. now. 4 JUDGE TINLEY: Yeah, mm-hmm. 5 COMMISSIONER BALDWIN: At least till next week; no 6 telling what it will be. But he is a state employee, and 7 he's a mental health counselor for folks that are coming -- 8 military people that are coming back from the wars, that have 9 -- that have mental issues. I have a couple of friends that 10 go to him. And so he's going to come in and do a 11 presentation. Then another fellow by the name of Fred Jack; 12 he is a -- he's another state employee. He offices at the 13 V.A. He's a claims counselor. He's the guy that veterans 14 can go to to help get their benefits. He can help with doing 15 all the paperwork, and then follow it all the way through 16 until they get their benefits. He's fully accredited, and 17 he's a state employee, and he'll be in this room too. And I 18 just wanted to bring that to light, that, you know if we have 19 any friends or know anybody that's -- that needs that kind of 20 assistance, there's two guys here in this town that do that 21 on a full-time basis. That's all. Thank you. 22 JUDGE TINLEY: All right, good. Commissioner 23 Moser? 24 COMMISSIONER MOSER: Yes, thank you. A couple of 25 things. Great event here Saturday with Johnny Manziel. The 4-22-13 8 1 thing that was so neat about that, I was telling Lee Voelkel, 2 I said, I don't think you can write a script for a program 3 like that, because it was from the heart from Johnny, which 4 should be called "Cool Hand Luke" now, and -- and from the -- 5 from the coaches and the other people. It was more about the 6 character of that -- that young man than anything. So, it 7 was fantastic, good turnout. The other thing is, there's 8 been a lot happening with the Boston marathon and with West, 9 Texas and all. I think it's been two months ago, we have 10 a -- an emergency management plan in the county. This is an 11 update. Look what's on the front, "Terrorist Incident 12 Response." So, this thing not only covers wildfires, but it 13 covers hazardous material spills and everything. The judge 14 signs it, the mayor signs it, mayor of Ingram signs it. It's 15 theirs, okay. But everybody is looking at this thing and 16 reviewing it now, so just rest assured that Kerr County is -- 17 is prepared. That's all I have. 18 JUDGE TINLEY: Thank you. Commissioner Letz? 19 COMMISSIONER LETZ: I don't think I have anything 20 to add, other than I hope it rains this week. Chance 21 tomorrow night. It's getting dry. That's it. 22 JUDGE TINLEY: Okay, I've got a couple items. Let 23 me follow up a bit on Commissioner Moser. Oh, I guess a 24 month or two ago, Commissioner Moser made inquiry about our 25 emergency management plan, and he indicated that he wanted to 4-22-13 9 1 take a look and see about maybe if it needed tweaking a 2 little bit, or updating in some areas, and I said, "Be my 3 guest. It's going to be a massive undertaking," as you just 4 saw, and it is a massive undertaking. So, he -- he's taken 5 on that project to -- to try and come up with some 6 suggestions about updating it. And I'm sure he's working 7 with -- with Chief Ojeda, who is the emergency management 8 coordinator for Kerr County, both city and county, and his 9 assistant, Mark Beavers. They're both very professional, 10 well qualified people in that respect. So, congratulations 11 on your project, and I think you've bit off a big chunk, and 12 as you chew it, it's like a piece of jerky; it just keeps 13 getting bigger. 14 COMMISSIONER MOSER: Yeah, it ain't over yet. 15 JUDGE TINLEY: Yeah. On the Manziel event over the 16 weekend, it -- it seemingly did flow very well. It wasn't -- 17 wasn't highly scripted, apparently, and I think a lot of that 18 was due to Carter Blackburn, Bill Blackburn's son that most 19 of you know, a Tivy graduate and a very accomplished 20 sportscaster with ESPN. He emceed that event and just did a 21 fantastic job making that thing flow. So, I -- I think a lot 22 of the credit goes -- goes to him, as well as the other 23 participants. So, a couple other items. Rosa Lavender, who 24 is our victims services -- Crime Victims Services Director 25 here for Kerr County, has been selected to serve on the 2013 4-22-13 10 1 Victim Impact Statement Revision Committee. This victim 2 impact statement that victims of crime are requested to fill 3 out is -- is a very important undertaking, because under 4 state law, there are a lot of requirements now that 5 prosecutors must respond and -- and be mindful of, and in 6 some cases, there are requirements that they -- that they 7 clear certain actions with the victims before moving forward. 8 So, it's not that she doesn't have other things to do, and I 9 task her on a fairly frequent basis with various and sundry 10 things, but she's -- she's now been selected for that. The 11 other thing is -- and I'm not sure if it's going to be the 12 subject of -- of a presentation at some later meeting. 13 There's been a settlement of the Aqua Texas rate case that's 14 been pending before the Public Utility Commission -- or 15 actually, T.C.E.Q., rather, for some time. And yeoman's work 16 was done by Larry Westfall and some of his folks over there 17 at Community Action Group in Kerrville South, as well as I 18 think the City was involved in a -- they have a small portion 19 that's involved with Aqua Texas, and I think they were 20 involved also. But there was a tremendous amount of work 21 that went into the settlement and the resolution and the 22 mediation. I don't know how many mediations there were. Two 23 or more, as I recall. 24 COMMISSIONER LETZ: At least two. 25 JUDGE TINLEY: But it was -- it was a really, 4-22-13 11 1 really big undertaking by those folks, and they're to be 2 commended for their service to their fellow citizens, so I 3 wanted to mention that. That's all I got, so let's move on 4 with our agenda. The first item, let me first recess the 5 Commissioners Court meeting, and I'll open a public hearing 6 regarding the revision of plat for Lots 4 and 5 of Oakview 7 Estates, as set forth in Volume 4, Page 85, Plat Records, and 8 located in Precinct 2. 9 (The regular Commissioners Court meeting was closed at 9:10 a.m., and a public hearing was held in open 10 court, as follows:) 11 P U B L I C H E A R I N G 12 JUDGE TINLEY: Is there any member of the public or 13 audience that wishes to be heard with respect to the revision 14 of plat for Lots 4 and 5 of Oak View Estates, as set forth in 15 Volume 4, Page 85, Plat Records, the same being located in 16 Precinct 2? Seeing no one coming forward, I will close the 17 public hearing regarding the revision of plat for Lots 4 and 18 5 of Oak View Estates, as set forth in Volume 4, Page 85, and 19 located in Precinct 2. 20 (The public hearing was concluded at 9:10 a.m., and the regular Commissioners Court meeting was 21 reopened.) 22 - - - - - - - - - - 23 JUDGE TINLEY: And I will call Item 2, which is a 24 9:05 timed item, to consider, discuss, and take appropriate 25 action for final approval regarding the revision of plat for 4-22-13 12 1 Lots 4 and 5 of Oak View Estates, as set forth in Volume 4, 2 Page 85, Plat Records, located in Precinct 2. Mr. Odom? 3 MR. ODOM: Yes, Judge, thank you. And thank you 4 for complimenting an Aggie, too, Commissioner Moser. 5 COMMISSIONER MOSER: Give credit where credit's 6 due. 7 JUDGE TINLEY: It's close to my heart. Ms. Drimmel 8 owns Lots 4 and 5 in Oak View Estates. Ms. Drimmel would 9 like to sell one of the lots. The existing house on Lot 4 10 was built across the existing lot line dividing Lot 4 and 5. 11 Ms. Drimmel would like to change the lot line so she can sell 12 one of the lots. The new lot sizes will be as follows: Lot 13 4R will become 8.27 acres, and Lot 5R will become 6.57 acres. 14 At this time, we ask the Court for their final approval 15 regarding revision of plat for Lots 4 and 5 of Oak View 16 Estates, Volume 4, Page 815, Precinct 2. 17 COMMISSIONER MOSER: I move that we approve. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval of the agenda item. Question or discussion? All in 21 favor, signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: The motion does carry. We'll go to 4-22-13 13 1 Item 3, a 9:10 timed item. Consider, discuss, and take 2 appropriate action to review and accept the concept plan for 3 Harrison Tract, Volume 5, Page 270, located in Precinct 2. 4 Mr. Odom? 5 MR. ODOM: Yes, sir. This tract of land was 6 approved August the 5th, 1986. Included in this plat was a 7 note stating Lots 1, 2, and 3 of Block 2 are not building 8 sites. These lots are river access with corresponding lots 9 in Block 3. Rick -- Mr. Steadham owns Lot 1, Block 3, and 10 Lot 1, Block 2, and Stephen Hight owns Lots 2 and 3 of 11 Block 3, and Lots 2 and 3 of Block 2. Mr. Steadham and Mr. 12 Hight would like to have the plat note on the original plat 13 stating that Lots 1, 2, and 3 of Block 2 are not buildable; 14 they want to eliminate that note. Mr. Steadham has worked 15 with Rob Henneke, the County Attorney, on this project, and 16 Rob has requested Mr. Steadham have the other lot owners of 17 the Harrison Tract sign off on the waiver of plat note 18 document, and each have signed this and notarized of the -- 19 the other owners. We are here today to seek the guidance of 20 the Court regarding the process to have the plat note removed 21 from the original plat. We've included all of this 22 information today to the Court, so at this time, we ask the 23 Court to review and accept the concept plan for Harrison 24 Tract, Volume 5, Page 270, Precinct 2. 25 COMMISSIONER LETZ: This one, Judge -- let me make 4-22-13 14 1 a couple comments on this as well. I've dealt with this 2 quite a bit, and not quite as much as the County Attorney, 3 but I've looked at this several times, and it's actually on 4 the agenda on my recommendation, because it's a little bit of 5 an odd situation. Not real clear why the original plat note 6 was on there. It may have been for access reasons to the 7 river, but anyway, that's not real clear. These lots are 8 right on the river. Those that go to River Road, they're 9 kind of between River Road and the river, very -- they're 10 steep. You know, I think everyone's been on that road; you 11 know about where they are, and this area is being developed 12 now. There's some nice homes being built, and cottages and 13 things of that nature. 14 The issue -- and one of the problems has been or 15 will be floodplain and O.S.S.F., because of the -- these lots 16 are largely in the floodplain, and because of the river, 17 O.S.S.F. becomes a challenge. Some homes on some of the 18 other lots have been built recently, so there is ways to do 19 that. I think that there have been communications with our 20 floodplain administrator that, yes, these lots -- something 21 can be built there. It's not going to be easy, and it's 22 going to have to be reviewed case by case and approved at 23 that time. Generally, we're kind of leery of allowing a plat 24 to go through with, you know, a lot that's clearly in the 25 floodplain. O.S.S.F., septic is another -- pretty much the 4-22-13 15 1 same issue here. 2 And one of the reasons I think this is going is the 3 Center Point wastewater project. That would provide a way to 4 develop these lots, because of the -- you know, you could do 5 it without it. You can do some sort of a pump system, or 6 there's other imaginative ways. But the situation would be, 7 here again, that these lots are going to have to have 8 somewhat of a special O.S.S.F. treatment, and that permitting 9 process will have to go through with whatever these people 10 decide to build, what size it is. So, I kind of recommend we 11 put it on the agenda. I think it makes sense. These are 12 prime lots, be good for the tax rolls, be good homes built 13 there or, you know, nice properties. There's no reason, 14 other than it's difficult to build there, not to build there, 15 and that shouldn't be a reason that we prohibit a lot to be 16 built on. From the research that I'm aware of, like I said, 17 there's no reason except for the plat note really being 18 there. 19 So, you know, I support removing the plat note, but 20 I wanted to get it on the agenda because I don't think we can 21 go through the normal process of O.S.S.F. and floodplain 22 signing off, because they can't sign off until they know 23 what's going to happen. And my recommendation would be, and 24 I kind of put it before the Court, is we get down to the 25 preliminary plat and final plat, that those blocks would be 4-22-13 16 1 on the plat, but there is not a requirement for O.S.S.F. and 2 floodplain to sign off on them, 'cause they're not approving 3 them. And they can have a note on there that can go -- you 4 know, in addition to the normal note, that says these will be 5 dealt with at time of construction. And -- but because that 6 is out of our normal way, I wanted to bring it as a concept 7 plan, kind of to see what the Court's view was. 8 COMMISSIONER MOSER: Observation and question. 9 Observation, yeah, that area's being developed nicely along 10 there now. This would be a step in that direction. 11 Question, why was the plat note there in the first place? 12 COMMISSIONER LETZ: We're not sure, but I believe 13 -- where's Mr. Motheral? Was he -- 14 AUDIENCE: He left. 15 COMMISSIONER LETZ: Was Bruce not the original -- 16 MR. ODOM: He was. To my knowledge, he was. 17 COMMISSIONER LETZ: He was the original. I thought 18 I saw him in the audience. You know, I mean, whoever -- I 19 don't have the answer to that. 20 COMMISSIONER MOSER: Must have been a reason. It 21 would be kind of -- I hate to take it off without 22 understanding -- 23 COMMISSIONER LETZ: Yeah. 24 COMMISSIONER MOSER: -- why we got there. 25 MR. STEADHAM: The Harrisons originally are the 4-22-13 17 1 ones that developed it, and that was their family homes. 2 These three lots correspond with their family homes, and they 3 wanted to keep it for their family use. 4 COMMISSIONER MOSER: I see. 5 MR. STEADHAM: Then they sold all of them. There's 6 none of them involved in the -- 7 MR. ODOM: And then they -- 8 COMMISSIONER LETZ: You're Richard Steadham? 9 COMMISSIONER MOSER: That's Richard Steadham, yeah. 10 MR. ODOM: You know, view is everything. 11 COMMISSIONER MOSER: Yeah. Is it -- with that size 12 of lots, are there any others along the river there that -- 13 assuming that Center Point wastewater system doesn't happen. 14 If it does, this is a piece of cake. Are there any other 15 lots along there that size that can accommodate O.S.S.F.? 16 COMMISSIONER LETZ: I'm not sure. Ray? Ray may 17 know the answer. Are there any homes on that side that have 18 some sort of a septic system on that side of the road? 19 COMMISSIONER MOSER: That are that size? 20 MR. GARCIA: Mm-hmm. 21 MR. ODOM: Yes. 22 MR. GARCIA: Yes. 23 COMMISSIONER MOSER: Okay. All right. 24 MR. ODOM: You know, it's an engineering problem. 25 They're going to have to meet that 1 foot above the BFE, and 4-22-13 18 1 that's going to be a very high BFE. 2 COMMISSIONER MOSER: So it's something that's been 3 done before on some of the other properties? 4 MR. ODOM: Yes, sir. 5 COMMISSIONER MOSER: Okay. Got you, okay. 6 COMMISSIONER LETZ: So, anyway, it's -- you know, 7 generally we, you know, do concept plans mainly just to make 8 sure the Court's aware of it before the expense goes through 9 on a preliminary plat, so they can proceed. Sometimes we 10 vote on these and sometimes we don't. I don't know that it's 11 particularly necessary, but I certainly thought that the 12 Court needed to know the direction that we were going on 13 this. 14 JUDGE TINLEY: Are you suggesting that maybe some 15 other note be made on the plat eventually, when it's 16 finalized? 17 COMMISSIONER LETZ: Yes, and I'll probably leave 18 that to the County Attorney. I think it's important that in 19 10, 20 years down the road, if someone looks back and says, 20 "Why didn't O.S.S.F. and Floodplain sign off? 'Cause they're 21 required to." And I just think we need to make it clear, you 22 know, that there's a reason they didn't. So they need to, 23 you know, either sign off with a different note -- maybe the 24 County Attorney could help with the language, or -- 25 MR. HENNEKE: Action is deferred until 4-22-13 19 1 construction. 2 COMMISSIONER LETZ: Yeah, something -- something 3 along that line. Just so that -- I just don't want to leave 4 it off so that someone comes and says, "Well, why didn't they 5 follow the rules?" You know, and it's a -- I don't know that 6 it really requires a waiver. I think a plat note or 7 something for our benefit to know that things are being 8 looked at properly. 9 MR. HENNEKE: We're not breaking the rules. This 10 is consistent with Commissioners Court actions of -- of 11 approving non-substantive changes in older existing 12 subdivisions, you know, moving lot lines, so on and so forth, 13 but that don't really affect the lots as they have existed 14 for however many decades. 15 COMMISSIONER MOSER: Are these lots adjacent to 16 the -- the lot that the County owns? Do you know? 17 MR. ODOM: Yes. 18 COMMISSIONER MOSER: They're adjacent to it? 19 MR. ODOM: Yes, sir. 20 COMMISSIONER MOSER: Okay. All right. 21 MR. ODOM: If I'm wrong, we'll blame Lee Voelkel. 22 COMMISSIONER MOSER: Well, that's understood. 23 COMMISSIONER BALDWIN: We were going to do that 24 anyway. (Laughter.) 25 COMMISSIONER LETZ: But I think, just -- you know, 4-22-13 20 1 just for the record, I mean, if there's no objection on the 2 Court, I don't think we need to take action on this. 3 COMMISSIONER MOSER: Okay, very good. 4 COMMISSIONER BALDWIN: I wanted to point out, you 5 know, you look through these documents, and some of these 6 signatures on here -- "Gordon Morriss, County Judge." That 7 was in the mid-'80's, some of this stuff. 8 JUDGE TINLEY: Okay. Anything further on that one, 9 gentlemen? Let's go to Item 4, if we might, a 9:15 timed 10 item, to consider, discuss, take appropriate action to accept 11 a gift from Ben Graves of a wooden map of the United States 12 showing every county. Mr. Voelkel, I think you were 13 instrumental in this matter. 14 MR. VOELKEL: Good morning, Commissioners. 15 JUDGE TINLEY: You're going to be blamed for a lot 16 of things; you might just as well get some credit. 17 MR. VOELKEL: Blamed for it all. This should be a 18 little fun. I just wanted to let y'all know, a few months 19 back, this young man came to my office and said he had a map 20 of the United States. And I thought, you know, that looks -- 21 that's great. I didn't see it. But he finally came in and 22 brought a picture of it. I was like, "This is nice." He 23 wanted me to see if I could find a home, and the first place 24 I thought of was the courthouse. Because it was a map of all 25 the counties, I thought that would be appropriate, and I 4-22-13 21 1 thought it would look really nice. So, I talked with Tim, 2 and also talked to the Judge, and here we are this morning. 3 This map is before you. I wanted to introduce the young man. 4 I think most of y'all have had the opportunity to meet him, 5 but Ben Graves is here. Ben, why don't you stand up, just so 6 everybody here will know who you are. And he's ready to give 7 it to the County, and I think Tim will take it from here and 8 put it up in a nice place. Thank you, Ben. 9 (Applause.) 10 COMMISSIONER LETZ: I can only imagine the number 11 of hours that went into making that. I mean, it is -- it's 12 quite amazing. 13 COMMISSIONER MOSER: And he did it pretty fast, 14 too. How many months, again? 15 MR. GRAVES: I started May the 13th; I finished it 16 in October. 17 COMMISSIONER MOSER: Good gosh. 18 MR. VOELKEL: Good work. 19 JUDGE TINLEY: Oh, mercy. 20 COMMISSIONER LETZ: I'll make a motion that we 21 accept the gift from Mr. Ben Graves. 22 COMMISSIONER MOSER: Second. 23 MR. GRAVES: It's as exact as I know how to make 24 anything. I mean, it's right off of the map of the United 25 States. 4-22-13 22 1 JUDGE TINLEY: Motion and second made to accept the 2 gift, with thanks to Mr. Graves. Any further question or 3 discussion? All in favor, signify by raising your right 4 hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: Motion carries. Thank you, Mr. 9 Graves. We appreciate that. 10 COMMISSIONER BALDWIN: Thank you. 11 JUDGE TINLEY: We'll find a place where it can be 12 prominently displayed. Thank you, sir. Let's go to our 9:25 13 timed item; we're finally caught up. Item 5, to consider, 14 discuss, and take appropriate action to set a public hearing 15 regarding the Harrison tract, as set forth in Volume 5, Page 16 270, Plat Records, and being located in Precinct 2. 17 Mr. Odom? 18 MR. ODOM: Yes, sir. You just reviewed and 19 discussed this plat note being dropped of the Harrison tract, 20 Volume 5, Page 270, Precinct 2. So, at this time, we'd like 21 to set the public hearing for the Harrison tract, Volume 5, 22 Page 270, for Tuesday, May the 28th, 2013, at 9 a.m., 23 Precinct 2. 24 COMMISSIONER BALDWIN: Is there something magical 25 about Tuesday, or what? 4-22-13 23 1 MR. ODOM: It's my birthday. 2 COMMISSIONER BALDWIN: I see. Okay. 3 JUDGE TINLEY: That's magic enough, isn't it? 4 COMMISSIONER BALDWIN: We always do things like 5 that on his birthday. 6 COMMISSIONER LETZ: That's after -- 7 MR. HENNEKE: Monday's Memorial Day. 8 MR. ODOM: Memorial Day is Monday. 9 COMMISSIONER BALDWIN: I see. 10 MR. ODOM: But it really is my birthday. That 11 was -- (Laughter.) 12 COMMISSIONER LETZ: Move approval. 13 COMMISSIONER OEHLER: Second. 14 JUDGE TINLEY: Motion made and seconded to set 15 a public hearing on the matter for May the 28th, 2013, at 16 9 a.m. Question or discussion on the motion? All in favor, 17 signify by raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: Motion does carry. Well, we're not 22 quite to 9:30 yet, so -- 23 COMMISSIONER BALDWIN: Oh. 24 JUDGE TINLEY: -- why don't we go over to item 13. 25 We've got Mr. Voelkel here, anyway. To consider, discuss, 4-22-13 24 1 take appropriate action to approve Tetra Tech, Inc., 2 subcontracting survey work to Voelkel Land Surveying relating 3 to services performed on the Kerrville South wastewater 4 project. Mr. Henneke, you placed this item on the agenda. 5 MR. HENNEKE: Yes, sir. Our contract with Tetra 6 Tech requires Commissioners Court approval before 7 subcontracting any work, and they'd like to subcontract with 8 Voelkel Surveying. So, I would recommend approval. 9 COMMISSIONER BALDWIN: I move that we do approve, 10 sir. 11 MR. ODOM: I guess, and authorize the Judge to 12 sign? 13 COMMISSIONER BALDWIN: I expect. 14 COMMISSIONER MOSER: Yeah. I'll second, but I have 15 a question. 16 JUDGE TINLEY: Motion made and seconded. Question 17 or discussion? 18 COMMISSIONER MOSER: Is this within the budget, 19 Jeannie? 20 MS. HARGIS: Yes. 21 COMMISSIONER MOSER: Yes. So -- and, Mr. Voelkel, 22 you've got -- you guys have done this for Tetra Tech before 23 on this Kerrville South stuff? 24 MR. VOELKEL: That's correct, yes, sir. 25 COMMISSIONER MOSER: Okay. 4-22-13 25 1 JUDGE TINLEY: Any other questions or discussion on 2 the motion? All in favor of the motion, signify by raising 3 your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: The motion does carry. I'm looking 8 at 9:30. Let's go back to Item 6; to consider, discuss, take 9 appropriate action to change a private road name, Lavaca Lane 10 East, to Frontier Trail East, that being located in Precinct 11 3. Mr. Odom? 12 MR. ODOM: Yes. Ms. Stevens had applied on April 13 4th of this year with the 911 office to change the existing 14 private road name, Lavaca Lane East, to Frontier Trail East. 15 There's one other property owner on the road by the name of 16 Jay Graham. Mr. Graham has signed a letter stating he has no 17 issues with changing this road name. So, at this time, we 18 ask the Court to drop the private road name of Lavaca Lane 19 East, and rename this private road Frontier Trail East. This 20 road is a private road that is privately maintained, and in 21 Precinct 3. 22 COMMISSIONER MOSER: And 911 did sign off on this? 23 MR. ODOM: Yes. 24 COMMISSIONER LETZ: Move approval. 25 COMMISSIONER BALDWIN: Second. 4-22-13 26 1 JUDGE TINLEY: Motion made and seconded for 2 approval. Question or discussion? All in favor of the 3 motion, signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: Motion does carry. Let's go to Item 8 7, another 9:30 timed item, to consider, discuss, and take 9 appropriate action to authorize Environmental Health 10 Department Director to hire a full-time O.S.S.F. inspector in 11 Line Item 10-640-104, which is a full-time budgeted position 12 that is currently filled as a part-time position. 13 Mr. Garcia? 14 MR. GARCIA: Good morning, Judge. Good morning, 15 Commissioners. I had this on the agenda to get authorization 16 to bring back my full-time O.S.S.F. inspector. We are 17 currently at half of last year's total of 115 for 18 applications and construction, and also, with the pending 19 Phase 2 of Ingram's wastewater project, Kerrville South 20 wastewater project, and also the East Kerr County wastewater 21 project, those duties pile up and take out one of my O.S.S.F. 22 inspectors -- excuse me, O.S.S.F. inspectors and dedicate 23 them only to that, leaving our position for the inspections 24 of the standard reviews and the plat reviews and complaints 25 and nuisance conditions open, and also our testing and 4-22-13 27 1 reporting for commercial systems that we have in the county. 2 So, it's going to and is starting to affect those other 3 standard services that we do. And also to maintain the -- 4 the level of service that we are currently providing, we -- I 5 need to bring back that O.S.S.F. inspector full-time. It is 6 budgeted. I have spoken to the Auditor to hire back in 7 January; also, the H.R. Director has been conferred with 8 also. 9 JUDGE TINLEY: How many O.S.S.F. inspectors do you 10 currently have, Mr. Garcia? 11 MR. GARCIA: One full-time right now. 12 JUDGE TINLEY: Okay. And then you have one 13 part-time? 14 MR. GARCIA: And I have the part-time currently. 15 JUDGE TINLEY: Okay. And those are folks that -- 16 explain to me this D.R. status. 17 MR. GARCIA: They're also -- the other -- well, 18 the -- the legal name for them is Designated Representative, 19 and those two are licensed by T.C.E.Q., by the State, to 20 provide the service and to inspect and review plats and 21 O.S.S.F., and complaints and nuisances, and T.N.R. reporting, 22 which is testing and reporting of commercial systems that we 23 currently have in the county. So, those O.S.S.F. inspectors 24 are Designated Representatives through the state. 25 JUDGE TINLEY: Are we talking about just taking a 4-22-13 28 1 part-time position and converting it to a full-time? Is 2 that essentially -- 3 MR. GARCIA: Reverting it back to a full-time 4 position. 5 JUDGE TINLEY: Okay. 6 MR. GARCIA: Yes, sir. 7 JUDGE TINLEY: It had been. It's budgeted? 8 MR. GARCIA: It's budgeted. 9 JUDGE TINLEY: Slotted as a full-time position? 10 MR. GARCIA: Yes, Judge. 11 JUDGE TINLEY: But it's currently filled at a 12 part-time? 13 MR. GARCIA: Right. 14 JUDGE TINLEY: By someone who has all the 15 appropriate licenses and is qualified as a D.R., Designated 16 Representative, that -- 17 MR. GARCIA: No. That -- because that person was 18 part-time, we didn't send them to that -- that school just 19 yet, because we had lost other employees that gained the -- 20 the certification as a D.R., and once they gain that 21 certification as a D.R., they subsequently, as we found out 22 before, find out you can actually make quite a bit more money 23 installing and whatnot, and so I didn't send the current 24 part-timer to the school. 25 JUDGE TINLEY: Okay. 4-22-13 29 1 MR. GARCIA: When we get full-time, then we send 2 them to school. 3 JUDGE TINLEY: Once the full-time slot is filled, 4 your intention would be -- 5 MR. GARCIA: Then we'll send them to school. 6 COMMISSIONER LETZ: When things were a little bit 7 slower and we were trying to really look at the budget, Ray 8 came to us and said he was going to fill it with a part-time, 9 even though he had a full-time slot. You know, I appreciate 10 that. But I've -- you know, I've talked to Ray about it. 11 The workload has increased. Workload in the city has 12 increased, and I think he needs the staff. 13 COMMISSIONER BALDWIN: I agree. 14 COMMISSIONER OEHLER: I move approval. 15 COMMISSIONER BALDWIN: Second. 16 COMMISSIONER LETZ: Second. 17 JUDGE TINLEY: Motion made and seconded for 18 approval of the agenda item. Question or discussion? All in 19 favor, signify by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Motion carries. 24 MR. GARCIA: Thank you. 25 JUDGE TINLEY: Let's go to Item 8; consider, 4-22-13 30 1 discuss, take appropriate action to approve the basic 2 financial statement, supplementary information audit for the 3 period ending September 30th, 2012. Ms. Hargis? 4 MS. HARGIS: I think Mr. Neffendorf is here to do 5 the presentation. 6 MR. NEFFENDORF: Okay, good morning. How are y'all 7 doing? 8 JUDGE TINLEY: And you're Keith Neffendorf. 9 MR. NEFFENDORF: I defer to Ms. Hargis to give this 10 presentation. Y'all are tired of hearing from me. Anyway, I 11 see on the agenda I only have five minutes, so I'm going to 12 have to talk real fast. No, I appreciate the opportunity. 13 I'm Keith Neffendorf out of Fredericksburg with Neffendorf, 14 Knopp, Doss and Company. We did the annual audit for the 15 county, and once again, the county is in good financial 16 shape. What I do is I go through and hit the high points. 17 If you have any questions, you stop and ask me, or if later 18 you have some, just give us a call; we're always around. 19 Anyway, first off, I'd like to say congratulations to the 20 Court, the Judge and Commissioners, and the County Auditor's 21 office and all the departments. If you will look over on 22 Page 3, under financial highlights, the general fund balance 23 has reached 25 percent. And it took a long time coming, but 24 we made it. And that's the golden nugget in accounting for 25 counties to get to the three-month operating reserve, and so 4-22-13 31 1 that's a good job. Well done. 2 COMMISSIONER BALDWIN: Good news. 3 MR. NEFFENDORF: It was down around 17 percent, and 4 had been that way for years, and y'all have pulled it back 5 up, so that -- that's always a good point. Anyway, the rest 6 of the audit just says the statements and schedules are 7 prepared in accordance with government auditing standards, 8 and it's the standard format that you've seen for the last 9 few years where we have the GASB 34 statements and the 10 governmental statements, and a reconciliation between the 11 two. And so I'll just go through and hit the high points, 12 and if you have any questions, stop and ask me. Page 1 is 13 the independent auditor's report. It just states we've made 14 an audit of the financial statements of the county as of and 15 for the year ended September 30, 2012. The third paragraph 16 there, in our opinion, the financial statements referred to 17 above present fairly the financial position of the county as 18 of September 30th, 2012, and the changes in financial 19 position for the year then ended. This is the standard 20 auditor's clean opinion letter, unqualified opinion, what 21 every governmental entity strives for. 22 After that, Pages 3 through 8 are the management 23 discussion and analysis, a requirement of GASB 34. It gives 24 condensed financial statements and condensed financial 25 summary. The highlights, I'm not going to go through those; 4-22-13 32 1 I do my own highlights, but it is good for the readers. I've 2 been told that they get more out of those five pages than 3 they do the remaining 30 or 40 in the back. Page 10 is the 4 statement of net assets. This is the first statement we give 5 an opinion on. It's the equivalent of a balance sheet for 6 the county as a whole. And under GASB 34, it includes all 7 your assets and the related accumulated depreciation amounts, 8 and also all your long-term debt. And, therefore, it comes 9 up just like a business statement would show, that it has a 10 net assets or equity session -- session. 11 The assets, of course, for the county last year, 12 including the all the fixed assets, the rates of 13 depreciation, were 68,535,000. The liability, including the 14 long-term debt, were 14,913,000, so you had net assets, or 15 the equivalent of stockholder equity of retained earnings, of 16 53,621,000, so that's a good, strong financial position. And 17 you'll notice up there also in the asset section, equity in 18 the airport joint venture, 8,284,000. That includes y'all's 19 half-interest in all the assets out there at the airport, 20 which, by the way, also do not have any debt. It's a good, 21 valuable asset that the City and the County have acquired and 22 done work with and through the state with a lot of grants, 23 and did quite a bit of improvements at no cost to y'all's 24 taxpayers. 25 Pages 11 and 12 are the statement of activities. 4-22-13 33 1 This will be the equivalent of an income statement. It's the 2 format required by GASB, so it's a different format, but it 3 still comes up with the same bottom line. The expenses 4 there, including the first column, include by function, and 5 then also include all your depreciation amounts. The total 6 expenses -- remember, this is on a GASB 34 basis -- for the 7 county last year were 24,526,000. Subtract off program 8 revenues; that's your charges for services, all your fines, 9 your fees collected by the various offices, operating grants, 10 you come up with a net expense of 19,293,000. The financing 11 for that is shown below. Property taxes levied for general 12 debt service purposes are about 16,600,000. Sales and other 13 taxes, almost 3 million. So, you come up with -- last year 14 with a change, positive net income for the year, of 15 1,231,000. 16 Pages 13 and 14 is the governmental fund balance 17 sheet, and like I said before, the general fund, the first 18 column, you can see assets of 6,448,000, liabilities of 19 1,554,000, so a net fund balance of 4,894,000, which reached 20 the 25 percent or three months operating reserve level. The 21 other funds are across the top there, the Road and Bridge, 22 capital projects, and then the wastewater funds with Texas 23 Water Development Board. The other funds are all your little 24 special revenue funds and a few other minor capital project 25 funds. You come up with a total for the governmental funds 4-22-13 34 1 section, 15,000,000 in assets, 1,886,000 in liabilities, net 2 fund balance of 13,146,000. 3 And this next page, Page 15, shows our 4 reconciliation of that governmental fund balance; 13,146,000 5 to GASB. And you can see the -- of course, the major items 6 are adding back your capital assets, minus your accumulated 7 depreciation, minus your long-term debt, adding back your 8 current-year capital outlays and long-term debt principal 9 payments, and subtracting depreciation expense. Then you 10 have other adjustments to -- for the adjustments for the 11 modified -- adjusting from the modified accrual basis 12 required by governmental accounting to the full accrual basis 13 required by GASB 34. And then you have the reclassifying 14 bond proceeds to bonds payable as a liability to come up with 15 your net assets under GASB 34 of 53,621,000. Basically, it's 16 just an accounting exercise to record all your fixed assets, 17 depreciation, and long-term debt. 18 Pages 16 and 17 are the statement of revenues and 19 expenditures for the county on the governmental basis. Last 20 year the general fund, as can you see there, 20,488,000 in 21 revenues. Expenditures, 18,903,000. You had a net change 22 excess for the year of 1,585,000. And then the next column's 23 Road and Bridge; you had a positive 269,000. The capital 24 projects, the wastewater -- Center Point wastewater fund, the 25 Texas Water Development Board loans, the other revenue, other 4-22-13 35 1 funds from special revenue funds, you come up with a total on 2 the governmental basis, revenues of 25,508,000, expenditures 3 of 25,685,000, so you had a small deficit for the year under 4 the governmental basis of 177,287. After you add back all 5 your financing for your bonds issued, you come up with -- 6 last year with a net change, positive, of 7,927,000, which on 7 the next page you can see how we can again convert from 8 governmental to GASB. Add back your current-year capital 9 outlays, long-term debt principal payments, subtract off your 10 bonds payable that were issued, subtract off your 11 depreciation expense, and come up with your net change, 12 positive net income under GASB 34 of 1,231,000. 13 The other part starting on Page 20, the notes to 14 the financial statement. All these disclosures are just 15 required by generally accepted accounting principles, and 16 just give support to the financial statements that we've 17 already gone over. The one I'd like to cover is on Page 27. 18 The County, as a governmental entity, has to -- has to comply 19 with the Public Funds Investment Act, and this note discloses 20 that after the end of the year, the moneys carried under the 21 County's deposit at the bank were either secured by -- either 22 by FDIC coverage and/or pledged securities. And the next 23 page just shows the deposits and the temporary investments 24 with the C.D.'s at the banks, and then money market accounts 25 at several other banks, and then the amount of TexPool, the 4-22-13 36 1 7,606,000. And all these investments were secured by FDIC 2 coverage and/or pledged securities, except, of course, 3 TexPool, 'cause TexPool is a local government investment 4 pool. It's not required to be covered by FDIC insurance or 5 pledged securities, but it has other safeguards in place, and 6 therefore is in compliance with the Public Funds Investment 7 Act. And, therefore, all your investments were in accordance 8 with that act. 9 The other notes, like I said, are just standard 10 disclosures. Page 30, the capital assets note, that just 11 shows the activity showing the additions and the depreciation 12 amounts for the year. Page 32 shows your changes in your 13 long-term liabilities. You issued some certificates of 14 obligation last year, and then you made the required payments 15 under all your other issues, so your debt increased by 16 roughly 5,700,000. Then it just gives the detail of those 17 different issues and the amounts outstanding. The bottom of 18 Page 34 starts the retirement plan note with the -- the 19 County's a member of the County and District Retirement 20 System, and that first part of the note just gives the 21 description of funding policy. You can see halfway through 22 the page, last year the County's expense for this pension 23 cost was a little over 1,380,000. And on the next page, top 24 of Page 36, midway down, it shows the funding progress. Last 25 year, at the end of the year, the retirement system, actual 4-22-13 37 1 value of the assets for y'all's county, minus the liability, 2 was underfunded by 5,751,000, which is 82.88 percent funded, 3 which is pretty much typical for most counties. Almost all 4 of them are in the 80 percent range. 5 The next note is the group term life fund through 6 the same Texas County and District Retirement System. That 7 just shows the amounts there. 37, top of the page, shows the 8 investment in the joint venture with the airport. As I said 9 earlier, y'all's half of those assets amounted to about 8.2 10 million, and then your half of the net change or increase for 11 last year was $40,000. I believe the other notes are pretty 12 much standard disclosures. Page 39 starts the other pension 13 -- employees' pension benefits, with your health insurance 14 and the actual valuation for those other post-retirement 15 benefit costs. The supplemental schedule required, Page 43, 16 this shows the compliance with the budget last year for the 17 general fund. You can see comparing the actual to the final 18 amended, your revenues were short of budget amount by 19 107,000. Your expenditures, though, were 1,864,000 under 20 budget. So, overall, you had planned a deficit of 173,000. 21 It was a positive 1,625,000, so you had a positive variance 22 in the budget of 1.7 million. Same way on Page 44, the Road 23 and Bridge funds. Revenues exceeded the final amended budget 24 amend by 194,000. Expenditures were below budget by 91,000. 25 So, you had planned a deficit of 14,633; you actually had a 4-22-13 38 1 positive 269,000, so a favorable variance of 283,000. 2 The other statements are just further disclosures. 3 You can see on Page 45 that funding by the Texas County and 4 District Retirement System, and it -- you can see back in 5 '07, it had been running in the mid-80's, and then it dropped 6 down with a crash in '08. Now it's going to come back and 7 level off. And then the other supplementary statements all 8 have do with the breakdown of all the special revenue funds 9 and little capital projects funds and the totals we've 10 already gone over. The last two letters in the back of the 11 audit this year, we didn't have a single audit; we didn't 12 meet the $500,000 federal expenditures. Of course, the main 13 one last year, of course, was the airport, where you got all 14 that money for the airport improvements. 15 But, anyway, the two letters, government auditing 16 standards requires us to do a report on internal control, and 17 also on compliance. The first part says that we tested 18 internal control used and we found no major weaknesses. 19 Second part, we had a test for compliance with laws, 20 contracts, and grants, and we found no instances of 21 noncompliance. The last letter the independent auditor has 22 to give to y'all, the governing body of the entity, the Judge 23 and Commissioners, and we have to disclose in that letter 24 these items as shown there. Significant audit findings, 25 there were none. No difficulties encountered in performing 4-22-13 39 1 the audit, no corrected or uncorrected misstatements, no 2 disagreements with management. And finally, of course, we 3 always have a few recommendations, and those items are listed 4 there. The accounting for debt proceeds, that's just 5 a governmental requirement on how you account for certain 6 debt proceeds that were received in your general ledger. And 7 then the same things in the prior year with the County and 8 District Clerk, with the use of moneys that are held in trust 9 for others, that a summary sheet be used to maintain those 10 accounts in each office. But basically a good, clean audit, 11 and the level -- we always appreciate the level of 12 cooperation we get from Jeannie and her staff, and the 13 various offices we do visit. And, like I say, 14 congratulations; we hit the 25 percent mark. That's always a 15 good thing. Now, let's just keep it there. But it was a 16 while in coming, so everybody pitched in and did their part. 17 JUDGE TINLEY: Any questions for Mr. Neffendorf? 18 COMMISSIONER MOSER: How many counties do you 19 provide audit services for? 20 MR. NEFFENDORF: About eight. 21 COMMISSIONER MOSER: Eight? 22 MR. NEFFENDORF: In the central Texas area, yes, 23 sir. 24 COMMISSIONER MOSER: And how would you judge our 25 financial situation compared to others, without naming other 4-22-13 40 1 counties? 2 MR. NEFFENDORF: Well, I would put you definitely 3 in the top four out of those. Mid -- about the mid-range. 4 COMMISSIONER MOSER: All right. 5 COMMISSIONER BALDWIN: I'm going to name counties. 6 Are we still ahead of Gillespie? 7 MR. NEFFENDORF: Sure. (Laughter.) Depends on what 8 you -- that's a loaded question. 9 COMMISSIONER BALDWIN: That's enough. That's 10 enough. 11 MR. NEFFENDORF: The auditors or the percentages? 12 Remember, they got a jail -- they're going to build a jail 13 over there, so they're fixing to change, too. 14 COMMISSIONER BALDWIN: Yeah. 15 JUDGE TINLEY: So you got a tiger by the tail. 16 MR. NEFFENDORF: Yeah. 17 COMMISSIONER MOSER: You did the audit for the 18 airport. 19 MR. NEFFENDORF: Right, yes, sir. 20 COMMISSIONER MOSER: And so that's a subset of 21 this. 22 MR. NEFFENDORF: Right. 23 COMMISSIONER MOSER: Is that -- in other counties, 24 do you do subsets in their counties also? Other entities 25 within their county? 4-22-13 41 1 MR. NEFFENDORF: No, because -- 2 COMMISSIONER MOSER: Okay. His audit of the 3 airport was about the same extensiveness as this one. Okay. 4 MR. NEFFENDORF: Gillespie County Airport is run 5 through part of the county. 6 COMMISSIONER MOSER: Yeah. 7 MR. NEFFENDORF: And same way in some other 8 counties. 9 COMMISSIONER MOSER: Okay. So -- 10 MR. NEFFENDORF: So you're kind of unique; y'all 11 have a joint venture on that airport. 12 COMMISSIONER MOSER: Yeah, okay. Very good. 13 Thanks, Keith. 14 MR. NEFFENDORF: You bet. 15 JUDGE TINLEY: Any more questions for Mr. 16 Neffendorf? Thank you, sir. We appreciate that report. 17 MR. NEFFENDORF: All right. Thank y'all. 18 COMMISSIONER BALDWIN: We need to accept it? I 19 move we accept the report. 20 COMMISSIONER MOSER: Second. 21 JUDGE TINLEY: Motion made and seconded to accept 22 the audit report. Question or discussion? All in favor, 23 signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 4-22-13 42 1 (No response.) 2 JUDGE TINLEY: Motion carries. Let's move to Item 3 9; to, consider, discuss, take appropriate action to accept 4 the preliminary revision of plat for Lots 1, 3, 4, 5, 6, 7, 5 8, and 10 of Ranches at Sunset Ridge, as set forth in 6 Volume 8, Page 1, and set a public hearing. Mr. Odom? 7 MR. ODOM: Yes, sir. Ranches of Sunset Ridge 8 development was done in 2007, and was 10 lots that were each 9 20-plus acre tracts. The developer would like to reconfigure 10 some of the lots into six 5-acre tracts -- area tracts, and a 11 10-acre tract in hopes of selling some of the lots. A 12 drainage study will need to be done and approved prior to the 13 final being approved. Lane Wolters is providing the report 14 for O.S.S.F., and it appears the owner has hired Mike 15 Wellborn to prepare the drainage report. So, at this time, 16 we ask the Court to accept the preliminary revision of plat 17 for Lots 1, 3, 4, 5, 6, 7, 8, and 10 of Ranches at Sunset 18 Ridge, Volume 8, Page 1, and set a public hearing for 19 Tuesday, May the 28th, 2013, at 9:10 a.m., Precinct 3. 20 COMMISSIONER LETZ: Just a quick comment. This is 21 a -- a puzzle as to why the development didn't do better. 22 They didn't really sell any lots out of it. It's right 23 across Wilson Creek Road, real close to Highway 27. And, to 24 me, this is a good move. The developer's going the right 25 direction, changing this thing up a little bit, see if they 4-22-13 43 1 can get it moving. The timing had probably more do with this 2 than anything else. Right when the economy took a nose-dive 3 is when we pretty much approved the original plat. So, I'll 4 move approval of the preliminary plat as revised. 5 COMMISSIONER OEHLER: Second. 6 JUDGE TINLEY: Motion made and seconded for 7 approval, and set a public hearing on the matter for May the 8 28th, 2013 at 9:10 a.m. Question or discussion on the 9 motion? 10 COMMISSIONER MOSER: Question. Len, on the -- on 11 the plat, the note, it shows a 30-foot-wide strip of land 12 dedicated and conveyed to Kerr County for Wilson Creek Road 13 right-of-way. Is 30 feet wide the right -- right width? 14 MR. ODOM: Thirty foot is to widen out the existing 15 road. 16 COMMISSIONER MOSER: Oh, I see. 17 MR. ODOM: So it makes it 60 right there. 18 COMMISSIONER MOSER: Okay, got you. Okay. All 19 right, thank you. 20 JUDGE TINLEY: Any other questions or discussion? 21 COMMISSIONER BALDWIN: This is an exciting -- 22 exciting deal. We need to track this and watch this thing; I 23 think it's going to be a good one. 24 JUDGE TINLEY: Any further discussion? All in 25 favor, signify by raising your right hand. 4-22-13 44 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: Motion carries. Let's move to Item 5 10; to consider, discuss, and take appropriate action for the 6 Court to accept the preliminary revision of plat for Lots 13, 7 18, and 19 of Live Springs Ranch as set forth in Volume 7, 8 Pages 374 to 378, and set a public hearing, same being 9 located in Precinct 4. Mr. Odom? 10 MR. ODOM: Yes, sir. Mr. Woods is president of 11 McCombs Family Partners, Limited, and would like to combine 12 Lot 13, 41.1 acres; Lot 18, 31.57 acres; and Lot 19, which is 13 23.32 acres; total of 96.13 acres, making Lot 13R. At this 14 time, we would like the Court to accept the preliminary 15 revision of plat for Lots 13, 18, and 19 of Live Springs 16 Ranch in Volume 7, Page 374 through 378, and set a public 17 hearing for Tuesday, May the 28th, 2013, at 9:20 a.m., 18 Precinct 4. 19 COMMISSIONER OEHLER: Move for approval. 20 COMMISSIONER LETZ: Second. 21 JUDGE TINLEY: Motion made and seconded for 22 approval of the agenda item. Question or discussion? I have 23 a participation form that was filed by Chet Whatley with 24 regard to this. If you'll come forward, please, sir, and 25 give us your address and give us your thoughts on this 4-22-13 45 1 matter. 2 MR. WHATLEY: Yes, sir. Well, we'll save most of 3 our comments for the public hearing, 'cause there's a lot 4 going on at Live Springs Ranch that I think some of you know 5 about, and needs to be looked at. But the question today is 6 that I see we have a Diamond Properties representative here 7 today. Maybe he can tell us why they want to do this. 8 MR. BACHMAN: I'm not on trial. If they want to 9 know why, they can ask me. I mean, I'm not going to let 10 him -- 11 MR. WHATLEY: There has to be a reason that they 12 want to combine this, and we're at a loss. Each one of us 13 pays property dues. Now they're making 100 acres. These are 14 the very people that stood before you four years ago in this 15 very courtroom and was trying to lower things down to 5 16 acres. Now, today, they want to make 100 acres. There has 17 to be a reason for that. I think I know the reason. I won't 18 go into that today, but -- 19 COMMISSIONER BALDWIN: Do you have a reason? 20 MR. BACHMAN: Well, one of the reasons is Mr. Odom 21 always had a problem with 18 and 19 having access from 22 Gillespie County, 'cause 18 and 19 are in Kerr County. So, 23 by combining with 13, we're now getting access in Kerr County 24 instead of Gillespie County. 25 JUDGE TINLEY: And your name, sir? 4-22-13 46 1 MR. BACHMAN: Blair Bachman. 2 JUDGE TINLEY: Say again? 3 MR. BACHMAN: Blair Bachman. 4 JUDGE TINLEY: All right. Thank you, sir. 5 MR. WHATLEY: That would be the question that 6 they're looking at going at 13. You may want to look at the 7 Gillespie County side; that's what they're really after. And 8 while I'm here today, they've answered the question. We'll 9 be back at the public hearing. Most of the property owners 10 out there are adamantly against this. Adamantly. And we'll 11 remain so because of what they've been pulling with the rest 12 of it. We've lost over half our subdivision. We now have 13 four right-of-ways through our subdivision, and we'll go into 14 that more. But one of the questions today I want to bring 15 up, they just granted under the homeowners' association a 16 right-of-way through Kerr County at our main gate for these 17 people to the north they've sold all their property off to 18 and took our roads. Their property, our roads. The County 19 Attorney may want to look into -- maybe they got no 20 permission from Kerr County to give that right-of-way, but 21 they said it under the homeowners' association, which they're 22 the developer. Homeowners never got contacted and never got 23 asked, and now we've lost security through our gates, and in 24 a gated subdivision. You know, this is the kind of stuff 25 these people are doing, and it needs to be looked at. With 4-22-13 47 1 that, I'll leave the rest of my comments for the public 2 hearing. Thank you, Judge. 3 JUDGE TINLEY: Thank you, sir. 4 COMMISSIONER MOSER: Thank you. 5 COMMISSIONER BALDWIN: Thank you. 6 JUDGE TINLEY: We have a motion and a second. Is 7 there further discussion on the motion? All in favor of the 8 motion to set a public hearing on this matter for May 28th, 9 2013, at 9:20 a.m., signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: Motion does carry. Let's go to Item 14 11, if we might; to consider, discuss, and take appropriate 15 action to name a private road Barn Hollow East, located in 16 Precinct 2. Mr. Odom? 17 MR. ODOM: Yes, sir. Mr. Stout applied through the 18 911 office on April the 15th of this year to name a private 19 road solely on his property Barn Hollow East. This road is a 20 private road and privately maintained. So, at this time, we 21 ask the Court for their approval to name this private road 22 Barn Hollow East, Precinct 2. 23 COMMISSIONER MOSER: So moved. 24 COMMISSIONER LETZ: Second. 25 JUDGE TINLEY: Motion made and seconded for 4-22-13 48 1 approval. Question or discussion? All in favor, signify by 2 raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: Motion does carry. Let's go to 7 Item 12; to consider, discuss, take appropriate action to 8 authorize Environmental Health Department to pay tipping fees 9 not to exceed $500 for the city of Ingram's annual solid 10 waste clean-up requested by the City of Ingram. Mr. Garcia? 11 MR. GARCIA: Yes, Judge, Commissioners. I have 12 this on the agenda for a request for the annual solid waste 13 clean-up for Ingram. It's not to exceed $500 for the tipping 14 fees. 15 COMMISSIONER OEHLER: Clean-up will be this coming 16 Saturday. 17 COMMISSIONER MOSER: Question. Do we -- this is 18 for the city -- the city of Ingram, correct? Do we do this 19 for the city of Kerrville? 20 MR. GARCIA: Yes, city of Kerrville's also included 21 in the Partners in Ministry clean-up that we also pay the 22 tipping fees for, and have paid the tipping fees for. 23 COMMISSIONER MOSER: So we pay tipping fees to 24 Partners in Ministry? 25 MR. GARCIA: Yes. They do a -- their clean-up, 4-22-13 49 1 they also do a city and county-wide, or whoever gets chosen 2 for the clean-ups throughout Kerr County. 3 COMMISSIONER MOSER: Okay. So, this is -- this is 4 a clean-up for what area? 5 MR. GARCIA: This is for the city of Ingram. 6 COMMISSIONER MOSER: City of Ingram, within -- 7 okay, within the city limits of Ingram. 8 MR. GARCIA: Yes. And also, I'd like to add on the 9 last clean-up, they -- they also take from the county in that 10 area also. They've -- they received quite a few tires the 11 last clean-up from out in the county. There was quite a few 12 solid waste issues out there, too, that were able to come in 13 and take -- be taken care of also from the -- from this 14 clean-up also. 15 JUDGE TINLEY: These are -- you have an item in 16 your budget to allow support fees for this assisting solid 17 waste clean-up? 18 MR. GARCIA: Yes, Judge. If you -- if the Court 19 will recall -- and this is one of the ones that I spoke 20 briefly to you about, -- 21 COMMISSIONER MOSER: Mm-hmm. 22 MR. GARCIA: -- Commissioner Moser. We did -- we 23 put $2,000 extra for those clean-ups throughout the county in 24 those -- 25 COMMISSIONER MOSER: Okay. 4-22-13 50 1 MR. GARCIA: -- programs. 2 COMMISSIONER OEHLER: Move approval. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE TINLEY: Motion made and seconded for 5 approval of the agenda item. Further question or discussion? 6 All in favor, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: The motion does carry. 11 MR. GARCIA: Thank you. 12 JUDGE TINLEY: Let's go to Item 15, a 10 o'clock 13 timed item; to consider, discuss, and take appropriate action 14 to accept a right-of-way dedication from Oasis Group, L.L.C., 15 and approve a right-of-way easement. Mr. Henneke? 16 MR. HENNEKE: Thank you. I'll defer to Mr. Tuck on 17 this. There was -- we were here two weeks ago, gentlemen. 18 It was a two-part agenda item. One, Mr. Tuck was asking for 19 a waiver of the 10-acre requirement as far as not having to 20 go through the subdivision process. I think they've fixed 21 that, and that's not an issue any more. But as we discussed, 22 when this land was -- was originally platted, I guess the 23 intent was for it to carry through the property and 24 eventually end in a cul-de-sac, and it never did. And so 25 there's a -- there's a chunk missing out of the County's 4-22-13 51 1 right-of-way easement that Mr. Tuck's wish is to dedicate 2 this easement to the County, and it fixes a problem and fills 3 that -- that hole. I don't have a particular concern with 4 it. 5 COMMISSIONER BALDWIN: We need to do it. 6 JUDGE TINLEY: As I recall, this is a piece of a -- 7 half of a roadway? 8 MR. HENNEKE: Yes, sir. 9 COMMISSIONER OEHLER: Less than half. 10 MR. HENNEKE: .035 acres. 11 JUDGE TINLEY: Yeah. 12 COMMISSIONER BALDWIN: A chunk. 13 COMMISSIONER LETZ: A chunk. 14 MR. HENNEKE: Chunk. That's the legal term, yes, 15 sir. 16 COMMISSIONER LETZ: One of the issues was whether 17 this is a County-maintained road or not, and it is a 18 County-maintained road, so it's certainly to our benefit to 19 do this. So, -- 20 COMMISSIONER OEHLER: Exactly. 21 COMMISSIONER LETZ: -- I move approval. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE TINLEY: Motion made and seconded for 24 approval of the agenda item. Any further question or 25 discussion? All in favor, signify by raising your right 4-22-13 52 1 hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: The motion does carry. 6 COMMISSIONER BALDWIN: Thank you. 7 MR. TUCK: Thank y'all. 8 JUDGE TINLEY: Thank you, Mr. Tuck. 9 MR. HENNEKE: Thank you. 10 COMMISSIONER MOSER: Try not to be so wordy next 11 time. (Laughter.) 12 JUDGE TINLEY: Let's now move to Item 14; to 13 consider, discuss, and take appropriate action on plans and 14 bid documents for Phase 2 of the Hill Country Youth Event 15 Center. 16 COMMISSIONER OEHLER: Well, we have -- 17 JUDGE TINLEY: Commissioner Oehler? 18 COMMISSIONER OEHLER: Peter Lewis is here this 19 morning with a revised plan -- floor plan. And Jonathan and 20 I have both been over it. I have discussed it with the Stock 21 Show folks a little bit, and so he's here to present a 22 revised floor plan, and see if we can move forward. 23 COMMISSIONER LETZ: Just a comment before we turn 24 it over to Peter, is that, you know, the Court will recall 25 there was a question of going to some of the stakeholders, 4-22-13 53 1 user groups, whatever you want to call them, to make sure 2 that the plan we're coming up with, you know, is -- is 3 meeting the most needs possible. You can't please everybody, 4 but I think we listened to a lot of the different community 5 groups, the Chamber and different, you know, folks around 6 town, Roy's group over at the Extension Office. Anyway, and 7 this is a -- in my mind, it makes a better facility, and 8 hopefully doesn't drive the cost up too much. But it's a 9 more usable, more versatile facility, and I'll turn it over 10 to Peter to explain -- kind of explain what we did. 11 MR. LEWIS: Morning, Judge, Commissioners. This is 12 not -- this is not the revised plan; this is the plan that 13 was presented on February 11th, and so you can take pictures 14 after -- afterwards, but I just wanted to... And the plan 15 that was presented showed two large areas for meeting. What 16 we showed was banquet seating capacity and exhibition booth 17 layout, some conceptual ideas. Each side was able to operate 18 independently. It could be one large hall or two equal size 19 halls, supported by restrooms, serving, catering, and some 20 storage on either side. The feedback that we got at the -- 21 at the workshop on February 11th, as well as subsequent 22 feedback, and I've met with -- as I mentioned, I've met with 23 both Commissioners, met with the Judge, met with other 24 stakeholders, and some of the general notes were -- there 25 were a lot of comments made, and a lot just in support of the 4-22-13 54 1 -- of a conference center, of an events center in concept. 2 But some common recommendations were to divide the 3 space into more rooms, and four -- four rooms was a number 4 that came up, so we considered that. Some larger storage, 5 and that came both from potential users, as well as from the 6 operators. A single -- single catering kitchen, as opposed 7 to two separate catering kitchens on either side, and -- and 8 to eliminate the two-story space between here -- this came 9 from Commissioners -- and reconfigure that. And so the 10 concept I'm going to show you here that's right behind it 11 represents our response to that. And it is a concept at this 12 point; there has not been bid documents. We did consider 13 about four or five different potential layouts, some that 14 divided the space into four equal spaces, whether it was 15 space -- space like this, or vertical spaces, and considered 16 all of the requirements that would go with those; access, 17 emergency egress, and the economies of doing that. 18 And the -- the concept that we arrived at, and 19 again, in working with Commissioners Oehler and Letz, was to 20 go ahead and stay with dividing the building into two halves, 21 and a larger area -- large meeting area, and you can see it's 22 about 110 by 110, a smaller area, 80 by 110, divided by a -- 23 a folding acoustic wall. What you're seeing around here are 24 potential stage -- portable stage locations, and then three 25 equal meeting rooms that would accommodate as many as 60 to 4-22-13 55 1 70 people seated, showing some configurations for table 2 areas, other kinds of breakout groups. And this seemed to 3 meet the need of support for when large conferences would be 4 held, that breakout groups for various functions could be 5 accommodated. Each side is supported by restrooms, storage, 6 and we have indicated a common catering area which would have 7 access to both sides, as well as be able to do concessions 8 for the show barn. And so I think that this improved that, 9 made -- brought all of those utilities into one place. We've 10 got large storage on either side, got a large office here for 11 county functions, and a support for the manager, and then 12 restrooms to support either side. 13 The main entry is -- one of the charges -- I'm 14 backing up. One of the charges that was given to us was to 15 not increase the size of the building, and so we've not -- 16 we've not done that. We have not increased it. You know, 17 we've not got -- no, don't write that. It's -- it's the same 18 size. The main entrance is here in the front, the vestibule. 19 That is large enough to have tables for sign-in, check-in, 20 different things for people coming to major events. The 21 space, again, could be two -- one -- two unequal-sized spaces 22 or one large space, and then we also have separate entries 23 here. We've created sort of a corridor area over here so 24 that if people are leaving to go, you know, to the restroom 25 or leaving, they could do that with some degree of modesty. 4-22-13 56 1 The same kind of thing over here. That is the -- I think 2 that touches on all the features that were brought up in the 3 workshops, at least as one -- one concept that addresses all 4 of those. 5 COMMISSIONER MOSER: Question. What -- what's your 6 estimated cost? 7 MR. LEWIS: I'm not -- I do not have that number 8 yet. 9 COMMISSIONER MOSER: Give me a ballpark. 10 MR. LEWIS: No, sir. It -- you speak with the 11 Judge. 12 COMMISSIONER MOSER: I'll ask the Judge. What's 13 the estimated cost? 14 JUDGE TINLEY: I'm going to remain mum, just like 15 Mr. Lewis. He's here with a concept, and -- 16 MR. LEWIS: We're working on that. 17 JUDGE TINLEY: -- we're not ready to get there yet. 18 Mr. Lewis, with the exclusion of these meeting rooms and the 19 additional storage space, which I think is sort of needed -- 20 and I think Mr. Bollier raised that issue, and I think you 21 provided that. With the remaining open area in Hall 1 and 22 Hall 2, have you calculated the banquet seating capacity? 23 MR. LEWIS: Yes. 24 JUDGE TINLEY: And what is that? 25 MR. LEWIS: It is -- on the -- on the right-hand 4-22-13 57 1 side, the east side, it is about 500; 8-tops -- 6-foot, 8-top 2 tables. And about 700 on the other side, for maybe a total 3 of 1,200. 4 JUDGE TINLEY: 1,200, okay. 5 MR. LEWIS: At banquet seating. Obviously, it 6 would accommodate groups of standing room only kind of thing 7 for many more people, and auditorium-style seating for large 8 -- larger number of people as well, larger groups. 9 JUDGE TINLEY: But you're calculating over on the 10 Hall 1 side approximately 700, and on the Hall 2 side, 11 approximately 500? 12 MR. LEWIS: Yes, sir. 13 JUDGE TINLEY: Okay. With regard to the catering 14 kitchen, I believe you have at least in part answered the 15 question. You'd also be able to handle -- utilize that 16 catering kitchen for events in the show barn? 17 MR. LEWIS: Yes, sir. 18 JUDGE TINLEY: Okay. Would that catering kitchen 19 be adequate to, for example, handle two different events, say 20 in Hall 1 and Hall 2? 21 MR. LEWIS: Yes, it would. And we would work with 22 a kitchen planning -- catering kitchen planner who does this 23 kind of work to make sure that we are able to either -- it 24 can act as a single kitchen for a large event in the hall, or 25 when you get competing chefs in there, it would accommodate 4-22-13 58 1 them as well. 2 JUDGE TINLEY: Okay. 3 COMMISSIONER LETZ: Like a reality show. 4 (Laughter.) 5 JUDGE TINLEY: So, even with the single catering 6 kitchen, you've got the -- you create the efficiency with one 7 kitchen, but you've got the ability to, in essence, serve two 8 events at one time -- 9 MR. LEWIS: Yes, sir. 10 JUDGE TINLEY: -- out of the catering kitchen. 11 Okay, great. 12 COMMISSIONER LETZ: Judge -- 13 COMMISSIONER MOSER: I have one other question, and 14 some comments. Question is, when we talked about this -- and 15 I'll ask this to Commissioner Oehler -- there was to be 16 500,000 committed by the Livestock Association, and where are 17 we on that? 18 COMMISSIONER OEHLER: Ask them. 19 JUDGE TINLEY: Mr. Reeves? 20 MR. REEVES: What was your question again? 21 COMMISSIONER MOSER: When we talked about, quote, 22 Phase 2, $500,000 was to be contributed or committed for this 23 project by the Livestock Association. What's the status? 24 MR. REEVES: We're approximately one-third through 25 pledges and actual cash in the bank, and we have other grants 4-22-13 59 1 out. But -- 2 COMMISSIONER MOSER: Grant requests? 3 MR. REEVES: Grant requests that are out. The 4 slowness of getting to this point has hurt our fundraising 5 efforts, I'll be perfectly blunt. If I'm too blunt, Rusty, 6 you can tell me, but it has hurt our fundraising efforts. 7 That the -- the need to show where we're at right now I hope 8 can make up for what we've lost. 9 COMMISSIONER MOSER: Okay. An observation, four 10 words. We are not ready. And the reason I say we're not 11 ready is I've talked to a lot of people too over the last 12 several months. The users of this facility -- what I think 13 are the three primary users, the 4-H for archery and BB gun 14 shooting, they use the sports center for half of their 15 activities and this for the other half. And I think it's 16 their intent or desire that they'd just as soon be at the 17 sports shooting center as opposed to here, because they don't 18 have to set up and take down every time. Second thing, 19 Convention and Visitors Bureau. I met with them a couple 20 times. This facility is miles from the nearest hotel. It 21 doesn't really lend itself to people to come in and have a 22 banquet, and have to bus for miles to get to the -- to that, 23 and they'd almost have to bus. If you're having a banquet, 24 you're going to drink a lot, and Rusty will be out there 25 gathering a lot of revenue if that's the case. The other one 4-22-13 60 1 is the Ag Extension. Yes, it would be nice to have multiple 2 breakout rooms for this, but personally, I don't see a need 3 for a new facility, and I think that's the biggest thing that 4 I can see, is for the Ag Extension work, because they do 5 bring in a lot of workshops and things of that sort. And it 6 -- that -- I can't understand -- and I think it could be 7 done. I don't know if, Peter, you've looked at what it would 8 take to upgrade the existing facility. It's abominable. It 9 needs to be upgraded, needs to be cleaned up, new restrooms, 10 new catering facility, and even a partition so Roy could have 11 two breakout rooms in the facility. So, bottom line, I think 12 we're not ready for this. And I know that Commissioner 13 Oehler has worked hard. Commissioner Letz has worked hard. 14 I saw this Friday afternoon for the first time. I think I -- 15 you know, any number of people can come up with a design. 16 And I'm not criticizing; I just -- you know, I haven't really 17 looked at it. And I don't know how the -- how the other 18 people would -- the users of it would see it. I see the 19 proclamation here that says that they need it, or it would be 20 good, but I think it's an investment this County's getting 21 ready to make that's probably not justified. That's my 22 position. 23 JUDGE TINLEY: And your position has been 24 documented previously, Commissioner, and I think the 25 consistent negative comments that you bring forward is 4-22-13 61 1 probably the very basis for Mr. Reeves' comment that it's 2 been detrimental to their ability to raise funds. I'd like 3 to think that we have a -- a unified community for a 4 community venue so that we can have community events. As I 5 indicated to you previously, Commissioner, if -- if my 6 position or my vote on this matter is pivotal on whether or 7 not I remain in office, so be it. I think we all have 8 that -- we all have that risk that we run. And I fully 9 support upgrading our entire complex out there, and I think 10 this is an integral part of doing that, whether it's this 11 specific footprint or something similar to it. I think the 12 community needs this facility. I think at the same time that 13 we do this, we step on out and we do the upgrades to the 14 indoor arena that are required to put that facility in top 15 form, top shape, so that when we get to the end of the road 16 with this phase and do the required upgrades to the indoor 17 arena, we have a complex out there that totally serves the 18 community needs, and that we can point to as being a first 19 class facility that will serve our community for the next 50 20 years. We -- we made do with what we've got out there for 21 about 60 years. We're about 20 or 30 years overdue of 22 rehabbing it, but the wheels of government grind slowly. But 23 my proposal is that we get there, and that we get there and 24 do it all, and do it right, now. 25 COMMISSIONER MOSER: Just for the record, I -- I 4-22-13 62 1 take issue with -- with my comments were negative. I think 2 they were factual. You can -- anybody can interpret them as 3 negative if they care to. I think I can support those -- 4 those findings with facts, so I take issue with that. The 5 other thing is, you used the word "need." I think if you ask 6 the community if they need this facility, you would not get a 7 positive vote. So -- 8 COMMISSIONER BALDWIN: Before you get to them -- 9 COMMISSIONER MOSER: I'm through. 10 COMMISSIONER BALDWIN: All right, thank you. May I 11 make a comment, please? I've been through probably 106 years 12 of these arguments, but what I want to know is, now that the 13 thing is broken into possibly four -- 14 MR. LEWIS: Five. 15 COMMISSIONER BALDWIN: -- five, and then the three 16 breakout rooms. Three breakout rooms. We're -- we're 17 turning into a place finally, after all these years, that you 18 can actually have a convention out there. And my question is 19 to the convention folks, is what level -- in this facility 20 right here, what level of convention can you have? I mean, 21 how many -- how big? You're not going to get Exxon 22 Corporation to come in, I don't think, but what level? How 23 large of a crowd? How large of a convention can you get into 24 this facility? Is that not a fair question? 25 MR. DEAN: Sure. Do you want me to answer it? 4-22-13 63 1 COMMISSIONER BALDWIN: Well, absolutely. 2 JUDGE TINLEY: Harold Dean. 3 COMMISSIONER BALDWIN: I'm asking you. 4 MR. DEAN: I don't see our Convention and Visitors 5 Bureau Manager here, but I'll take a stab at it. 6 COMMISSIONER BALDWIN: I'm sorry. I appreciate 7 you. 8 MR. DEAN: I'm Harold Dean; I'm president of the 9 Chamber. This size of facility would lend a medium range. 10 In my opinion, there's a lot of businesses that are looking 11 for this size of facility, especially where they have 12 breakout opportunities. Breakout opportunities are very 13 important to a group so they can add flavor to each of 14 their -- their aspects of their convention, and having that 15 here, that size in Kerr County, would lend us to going above 16 the -- the level of other counties that do not have this type 17 facility. So, I would say that you have a great chance of 18 keeping it fairly full with -- with some help of someone 19 making the effort to bring them here. It takes a little bit 20 of time to market it, of course, but once you've got it, then 21 you'll find it will be well used, especially even by the 22 local folks. I know the Chamber of Commerce will use it as 23 well. So, I'd say it's going to step up your -- your -- your 24 intake of tax dollars for the county and the community. 25 COMMISSIONER BALDWIN: Of course, that -- your last 4-22-13 64 1 statement's a pretty interesting statement. The -- you know, 2 we all talk about filling up hotel rooms and buying groceries 3 at H.E.B. and gasoline and all that, and very, very little of 4 that the County receives. The City makes a -- makes a -- 5 they do well off of the things that we do in that facility, 6 and this just enhances it. I'm not knocking that, 7 complaining. All I want to say is that it actually enhances 8 the sales tax issue, et cetera, et cetera. So -- 9 MR. DEAN: I've been a part of two other counties 10 that added facilities similar to this, and trying to get a 11 booking into those facilities became hard, because they were 12 very well-used. Once they got there, you know, "Why didn't 13 we have this before?" kind of attitude came about. But two 14 large counties, Brazos County and Houston County, had a 15 facility similar to this kind of building, and it turned out 16 very -- very positive for them. 17 COMMISSIONER BALDWIN: Let me ask you one more 18 question, and you and I have had this conversation before. 19 Is this a "build it and they will come" issue? 20 MR. DEAN: Well, if you don't build it, they 21 certainly won't come. (Laughter.) You know, so I'd say yes 22 to that. Build it and they will come. They will use it. I 23 don't know if it's appropriate, Judge, but while I'm up here, 24 I gave you guys a -- a resolution from the Board of Directors 25 of the Chamber in support of this effort, and I think it -- 4-22-13 65 1 all of them see the need for it. They see the -- you know, 2 that they wanted to at least make a statement here this 3 morning by offering that to you. So, I won't read it. It's 4 a resolution in support, and we thank you. By the way, 5 congratulations on your county; somebody's doing a great job. 6 COMMISSIONER LETZ: Judge, if I may make a comment 7 as well, I'm hearing -- you know, to me, this is a meeting 8 facility. Yes, it can be used by conventions occasionally, 9 but this is not a convention center by any stretch of the 10 imagination. This is a -- a meeting facility, a community 11 facility. It's still largely -- because of location, it can 12 be used for ag-related functions. It's -- the breakout rooms 13 are -- you know, that they referred here, to me, I mean, you 14 can term them that, but to me, they're areas where we can -- 15 Roy can do continuing education, things of that nature. And 16 the other thing is that, you know, that building out there is 17 over 60 years old right now. It is in need of a lot of work, 18 and the cost to renovate it -- I mean, we've looked at it 19 quite a while ago. It didn't make a whole lot of sense to 20 build -- to modify it to something close to this. You know, 21 the Court has been working on this project since the 22 mid-'90's, actively working on it. This went through a lot 23 of reiterations, modifications. We've had bigger plans, 24 we've had smaller plans, and we've settled on something that 25 I think is what we talked about two years ago, when we made a 4-22-13 66 1 commitment to the -- the taxpayers and the Stock Show 2 Association, and the Stock Show Association made their 3 commitment to us. And, to me, we need to move forward. 4 We've said we're going to do it. They've said they're going 5 to do it. I think that what we're doing in the exercise of 6 coming up with this concept plan or whatever we want to call 7 it, design plan, is necessary, but I think the time has come 8 that we need to move forward and get the facility out to bid. 9 And that's, to me, where we are in the process. I mean, you 10 know, the -- I mean, I've made a commitment to a lot of -- to 11 the taxpayers. I voted this way before, you know, and 12 there's been an election before it, and, you know, they 13 didn't -- they weren't all upset with my commitment before 14 that election. So, going to the Judge's comments, if they 15 don't want this, if they are upset after, well, so be it. 16 That's the commitment that I made to the public, and Stock 17 Show made to the public, that we've made to each other. 18 That's it. 19 COMMISSIONER OEHLER: I'm the same way. We have 20 had no negative comments from Precinct 4, not one that I know 21 of. Nobody came forward during the time whenever we proposed 22 to sell bonds for this project and these things, not one soul 23 in my end of the county. The negative evidently wasn't there 24 in Precinct 2 with the previous commissioner, because he 25 didn't have people beating his door down. He supported it. 4-22-13 67 1 So, I don't know -- you know, I mean, you have your opinion. 2 COMMISSIONER MOSER: Sure. 3 COMMISSIONER OEHLER: Well, we all have our own 4 opinion. 5 COMMISSIONER MOSER: And that's fine. 6 COMMISSIONER OEHLER: I can assure you that nobody 7 on this Court has worked harder than I have on that facility 8 out there, physically and with financial support, and I 9 definitely support it. You know that. You know I'm not 10 going to waver from that. This plan is a good plan that will 11 work for the future, long after we're gone. And I know that 12 you don't agree with it, and you've tried to kill it, and I'm 13 not willing to let you do that. 14 COMMISSIONER MOSER: I'm not trying to kill it; I'm 15 just -- 16 COMMISSIONER OEHLER: You know -- 17 COMMISSIONER MOSER: I take issue with that. I'm 18 questioning, okay. It's okay to question and debate, and 19 that's what we're supposed to do, and that's what I'm here 20 doing. 21 COMMISSIONER OEHLER: That's what I'm doing. 22 COMMISSIONER MOSER: Question. So, another 23 question, a detail question. When we met with the Convention 24 and Visitors Bureau, they said if you do something like this, 25 be sure and carpet it. It almost has to be for the kinds of 4-22-13 68 1 things that you're looking at. Is this carpeted? 2 COMMISSIONER LETZ: This is not a convention 3 center. No, it is not. 4 COMMISSIONER MOSER: Okay, not carpeted. 5 COMMISSIONER LETZ: And I don't -- 6 COMMISSIONER MOSER: The other question -- the 7 other thing was, keep a low -- keep a low ceiling in it. 8 Does this have a high ceiling, or is this a pitched -- 9 COMMISSIONER OEHLER: It's going to be addressed. 10 COMMISSIONER LETZ: Going to be a lower ceiling. 11 The current design is that it will not be an extension of the 12 current barn coming out at the same height; it'll be at a 13 lower level coming out, and will have about -- what, 10-foot 14 ceilings? 12-foot? 15 MR. LEWIS: 10-foot perimeter and fur-downs, 16 12-foot ceilings, acoustic tile. 17 COMMISSIONER MOSER: Okay. 18 MR. LEWIS: It will be a nice meeting facility. 19 COMMISSIONER MOSER: Yeah, okay, got you. 20 COMMISSIONER LETZ: But it's not the barn extended 21 out the same -- 22 COMMISSIONER MOSER: Okay. 23 COMMISSIONER LETZ: -- 40-foot ceilings. 24 COMMISSIONER MOSER: Okay, got you. 25 COMMISSIONER OEHLER: I move approval. 4-22-13 69 1 MR. LEWIS: Probably have lower ceilings in the 2 breakout rooms. 3 JUDGE TINLEY: Okay. What's the next step? 4 COMMISSIONER OEHLER: I move approval of the agenda 5 item moving forward. 6 COMMISSIONER LETZ: What's the agenda item say? 7 COMMISSIONER OEHLER: Move forward with the plans 8 and bid specifications. 9 COMMISSIONER LETZ: Second. 10 JUDGE TINLEY: Motion made and seconded for moving 11 forward with plans and bid specifications for Phase 2, in 12 accordance with the footprint as presented. 13 COMMISSIONER OEHLER: Correct. 14 JUDGE TINLEY: And that's to authorize Mr. Lewis to 15 do that? 16 COMMISSIONER OEHLER: That is correct. 17 JUDGE TINLEY: All right. And -- 18 COMMISSIONER LETZ: I have a question. 19 JUDGE TINLEY: We have a motion and a second. 20 COMMISSIONER LETZ: Yes. 21 JUDGE TINLEY: Okay. Questions? 22 COMMISSIONER LETZ: Have we authorized funding for 23 you to do that, or have you given us an estimate yet? 24 MR. LEWIS: I, oh, sometime last year, gave you a 25 proposal. But no, it has not been approved, or I do not have 4-22-13 70 1 a signed agreement for this phase. So -- 2 COMMISSIONER OEHLER: We need to get us to -- to 3 authorize -- 4 JUDGE TINLEY: Subject to -- 5 COMMISSIONER OEHLER: -- subject to his -- 6 JUDGE TINLEY: -- approval of an appropriate 7 document authorizing payment to Mr. Lewis for his services. 8 COMMISSIONER OEHLER: That's correct. 9 JUDGE TINLEY: Okay. 10 COMMISSIONER MOSER: One other comment, question, 11 discussion. Now that we have a concept, take that as a 12 concept, and the Stock Show people can pursue their 13 commitments, would it not be appropriate to hold off on going 14 out for bids until we get the commitment so that the County 15 has, through commitments of certificates of obligation -- not 16 bonds, but certificates of obligation, okay -- has the money? 17 And I think before we proceed, we ought to have all the funds 18 committed. 19 COMMISSIONER LETZ: Well -- 20 COMMISSIONER OEHLER: That's not part of this. 21 This is just the planning stage. This is not authorizing to 22 go out for bids; this is only to prepare the documents for 23 that, period, so when the time does come, we'll have it ready 24 to go. Otherwise, it will be delayed another two or three 25 months. 4-22-13 71 1 JUDGE TINLEY: The motion does not include putting 2 the matter out for bid. 3 COMMISSIONER MOSER: Okay. 4 JUDGE TINLEY: Any other question or comments? All 5 in favor of the motion, signify by raising your right hand. 6 (Commissioners Baldwin, Letz, and Oehler voted in favor of the motion.) 7 JUDGE TINLEY: All opposed? 8 (Commissioner Moser voted against the motion.) 9 10 JUDGE TINLEY: Motion carries. Okay, why don't we 11 take about a 15-, 20-minute recess, folks. 12 (Recess taken from 10:32 a.m. to 10:55 a.m.) 13 - - - - - - - - - - 14 JUDGE TINLEY: Let's come back to order, if we 15 might. We'll resume our agenda. Let's go to Item 16; 16 consider, discuss, take appropriate action to authorize 17 concrete work on two drainage areas at Hill Country Youth 18 Event Center parking lot. Commissioner Oehler? 19 COMMISSIONER OEHLER: Well, this is something 20 that's been needing to get done. Every time we get a rain 21 out there, we get some erosion from the base and stuff in 22 that parking lot, and it's also eroding that ditch before it 23 goes under the road through a culvert into the lake, or down 24 to the county park. And this is a -- this is the cost for 25 fixing both those areas. One of them is also where the 4-22-13 72 1 overflows are for the rainwater system, and all you have to 2 do is go by out there and look. We should have done this a 3 while back, but we're finally to the point we need to get it 4 done, and it's best to do it before we do the sealcoating and 5 all so they can match all that up whenever that starts to 6 happen. 7 JUDGE TINLEY: This is on the upside of the two 8 areas where the culverts were put in by Road and Bridge? 9 COMMISSIONER OEHLER: That's correct. 10 JUDGE TINLEY: To handle the drainage off all this 11 parking area? 12 COMMISSIONER OEHLER: We had to enlarge that 13 drainage in order to be able to handle the water coming off 14 all those -- the parking lot and stuff. 15 COMMISSIONER MOSER: This was all part of the plan 16 for the -- for the Phase 1? 17 COMMISSIONER LETZ: Yeah. 18 COMMISSIONER MOSER: Yeah, okay. 19 COMMISSIONER LETZ: My only -- one of these 20 definitely we can do right away. I don't think it has any 21 impact. The rainwater catchment system, that overflow is not 22 nearly as much. On the second one, certainly, we need to do 23 it. I'm -- I want to make sure that what we do is, as much 24 as possible, you know, practical, feasible. We're preventing 25 trash, oil, animal waste from flowing straight into the 4-22-13 73 1 river. So, I don't -- I kind of want to look at that one a 2 little bit more. I'm not sure really -- maybe have -- 3 COMMISSIONER OEHLER: Hewitt or somebody. 4 COMMISSIONER LETZ: -- someone take a look at it. 5 It's really -- I don't think we need a big detention pond; 6 I'm not saying that, but I think I do want to make sure that 7 we're not doing -- we're doing everything we can to keep the 8 quality of the river as clean as we can in that kind of 9 situation. So -- and I'm not sure if it's -- who the best 10 person to contact is, 'cause I would like to get some input 11 before we go ahead and just start putting the concrete up and 12 the rip rap up as we're -- I'd like to see the exact plan on 13 that part of it. On this one by the rainwater catchment, 14 that, I think -- 15 COMMISSIONER OEHLER: Well, this is the one with 16 the rainwater cachement, and also -- there is two. 17 COMMISSIONER LETZ: This is both of them. 18 COMMISSIONER OEHLER: But I really -- it's probably 19 best to do it on the down side, 'cause right there all we 20 have is a ditch between the road and the fence. 21 JUDGE TINLEY: Concrete work would only be done on 22 the up side. 23 COMMISSIONER OEHLER: On the up upside. Nothing on 24 the low side, you know, because that's -- and I agree with 25 Jonathan; we need to make sure that if we have to put in some 4-22-13 74 1 kind of small detentions or whatever to catch some of that 2 waste or whatever before it -- water goes into the river, we 3 have it on the down side. But we don't have one on this, 4 so -- 5 COMMISSIONER LETZ: That's true. There are -- as I 6 understand from talking with you, there's baffles to just 7 sort of slow down the velocity as you're coming off the 8 parking lot. 9 COMMISSIONER BALDWIN: Will it increase the amount 10 of water that goes through to your location? 11 COMMISSIONER OEHLER: Whatever -- 12 COMMISSIONER BALDWIN: Certainly an increase in 13 speed. 14 COMMISSIONER OEHLER: Well, it -- you know, water 15 goes wherever water goes. You know, downhill from point of 16 least resistance. 17 COMMISSIONER BALDWIN: Well, I understand. 18 COMMISSIONER OEHLER: I think that's the way other 19 things work too, but... (Laughter.) 20 COMMISSIONER LETZ: I think -- 21 COMMISSIONER BALDWIN: What is it? What is he 22 talking about? 23 COMMISSIONER LETZ: I figure it will decrease the 24 speed a little bit, but I think there's -- they're putting 25 some baffles before the culvert. At least, you know -- 4-22-13 75 1 COMMISSIONER OEHLER: Got to stop the erosion and 2 stuff. I mean, it's -- quite a bit has happened just since 3 that's been done and the parking lot and all has been 4 surfaced. 5 COMMISSIONER LETZ: Yeah. So, I have no problem 6 with going forward. 7 COMMISSIONER OEHLER: This is Alvin; he's done lots 8 of work out there for us. He's always been very, very fair. 9 COMMISSIONER LETZ: Sure. 10 COMMISSIONER OEHLER: More than fair. A lot of 11 stuff he's donated. But -- 12 COMMISSIONER MOSER: That would be pretty easy to 13 do, to determine whether or not you need baffles, just based 14 on the -- the projected rainfall and the area. 15 COMMISSIONER LETZ: Right. 16 COMMISSIONER MOSER: And they got a formula. 17 Hewitt's done all that stuff; he could do that in a hurry. 18 COMMISSIONER LETZ: We may get with Road and Bridge 19 and talk to -- 20 COMMISSIONER OEHLER: Get working. 21 COMMISSIONER LETZ: -- John Hewitt, look at the 22 lower culvert, where it empties. 23 JUDGE TINLEY: Ms. Hargis, do we have the funding 24 in that project, those funds? 25 MS. HARGIS: There's a little bit of money there. 4-22-13 76 1 JUDGE TINLEY: Pardon? 2 MS. HARGIS: We have a little bit, but I don't know 3 exact this morning. 4 JUDGE TINLEY: We have enough to cover this? 5 MS. HARGIS: I don't know. I don't have -- 6 JUDGE TINLEY: 6,500? 7 MS. HARGIS: 65, we should have. 8 COMMISSIONER OEHLER: Should be plenty, because 9 the last report we got, we had enough, and we cut -- scaled 10 back our sealcoating. 11 JUDGE TINLEY: Yeah. 12 COMMISSIONER OEHLER: So that we would not take all 13 the money. 14 JUDGE TINLEY: Yeah. We had over 200, and we cut 15 back the sealcoating. 16 COMMISSIONER OEHLER: I think we're in good shape. 17 JUDGE TINLEY: Yeah. 18 COMMISSIONER OEHLER: I move approval. 19 COMMISSIONER LETZ: Second. 20 JUDGE TINLEY: Motion made and seconded for 21 approval. 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.) 4-22-13 77 1 JUDGE TINLEY: Motion carries. Let's go to Item 2 17; to consider, discuss, and take appropriate action to 3 approve agreement with Kerrville Area Chamber of Commerce for 4 use of Hill Country Youth Event Center for KerrFest event, 5 including use of Flat Rock Park for overflow parking. Well, 6 we got all sorts of folks on this one who want to run with 7 it. 8 COMMISSIONER OEHLER: I think Rob's probably the 9 one to run with it. He's the one -- we all met and worked on 10 the agreement, and I think there's been some modifications 11 done on it. 12 JUDGE TINLEY: Okay. 13 MR. HENNEKE: Thank you, gentlemen. I'd like to 14 introduce Kristan Weaver and Harold Dean. (Laughter.) 15 MS. WEAVER: Kristan Weaver of Kerrville Area 16 Chamber of Commerce. Of course, I was here a few months ago 17 and worked with you all on some dates for KerrFest. I met 18 with our County Attorney and Commissioner Oehler the other 19 day, and Harold Dean, and drafted a copy of the KerrFest 20 lease. Do they have a copy of that? Okay. So, I think 21 we're just asking for approval of -- of the terms of that 22 lease. 23 MR. HENNEKE: It's very similar to the terms last 24 year, just updated for some of the changes in how the event's 25 going to run this year. And, Kristan, would you go through 4-22-13 78 1 that, please, with how -- what the schedule's going to be, 2 and how it's a little bit different than last year? 3 MS. WEAVER: Absolutely. Thursday evening, we're 4 going to have the carnival come from 6:00 to 10 p.m., and 5 we're also adding a youth rodeo this year that we're going to 6 be working with Kerr County 4-H Horse Club there. So, 7 Thursday, carnival and youth rodeo. Friday, carnival again 8 from 6:00 to 11:00, anchored by the Lester Meier Rodeo and a 9 chili cook-off. And Saturday, we'll be out there all day. 10 We'll start with a jackpot team roping that morning at 10:00, 11 barbecue and chili cook-offs, a washer-pitching tournament, 12 and then anchored again by Lester Meier Rodeo on Saturday 13 night, and a carnival from 6:00 to 11:00. We'll also 14 conclude with a dance that night from the same band that 15 played last year, a local band here, Barbed Wire. Sunday, 16 the carnival will come in again from 6:00 to 10 p.m., and 17 then break down and be out of there. We have worked with -- 18 with Rob on the security and EMS requirements. City of 19 Kerrville has dedicated those. We'll have a dedicated 20 ambulance out there, and also security in accordance with the 21 requirements from the County. 22 MR. HENNEKE: I think -- 23 COMMISSIONER MOSER: How many people did you have 24 last year? 25 MS. WEAVER: We had 1,500 for the four-day period, 4-22-13 79 1 and we expect to see upwards of 2,000 this year with some of 2 the events we've added. 3 COMMISSIONER MOSER: Did you have the youth rodeo 4 last year? 5 MS. WEAVER: No, sir. 6 COMMISSIONER MOSER: Okay. So, this is -- this is 7 new? 8 MS. WEAVER: Yes, sir. 9 COMMISSIONER MOSER: And so Tim will have to go out 10 there and get the outdoor arena ready for that. And I 11 noticed in the agreement, there's -- this is no cost, but 12 this says no power to be used? But you got to have power 13 from someplace. 14 MS. WEAVER: No power to be used? 15 JUDGE TINLEY: Is that what it says? 16 MR. HENNEKE: I believe so. 17 COMMISSIONER MOSER: I thought it did. Maybe I'm 18 mistaken. Okay. 19 MR. HENNEKE: But there's certainly -- the County, 20 I think, has already approved the principle this year, and 21 has agreed in the past to waive the cost for use of the 22 facility to the Chamber. 23 COMMISSIONER MOSER: You answered my questions. 24 MS. WEAVER: All right, great. Thank you. I want 25 to say one more thing that we're doing new this year is we 4-22-13 80 1 are crowning our first Miss KerrFest, so we have those 2 applications out in our Kerr County high schools. We'll 3 crown Miss KerrFest this year. 4 SHERIFF HIERHOLZER: Has Buster applied yet? 5 COMMISSIONER BALDWIN: I mean -- 6 MS. WEAVER: If you wear a dress, absolutely. 7 COMMISSIONER BALDWIN: Well, I've got a tutu. 8 (Laughter.) 9 MS. WEAVER: Even better. You might win. 10 COMMISSIONER MOSER: I move for approval. 11 COMMISSIONER OEHLER: Second. 12 JUDGE TINLEY: Motion made and seconded for 13 approval. Further question or discussion? 14 COMMISSIONER LETZ: I have a question, comment or 15 something. 16 COMMISSIONER BALDWIN: Go ahead. 17 COMMISSIONER LETZ: First, just a question. What 18 is -- can you explain the homebrew competition? 19 MS. WEAVER: Yes. Yes. 20 COMMISSIONER LETZ: I just want to figure out what 21 homebrew they're doing. 22 MS. WEAVER: Sorry, I failed to mention -- failed 23 to mention that when I was going through the list. We've got 24 so much going on this year. This will be our third year for 25 a homebrew competition. There are a certain number of slots 4-22-13 81 1 that are sold to enter your brews. There are five different 2 categories; porter, wheat, stout, ale, and something else. 3 I'm not a big beer drinker. But, anyway -- and there are a 4 limited number that will be involved, and then people can pay 5 to judge beer, and they get a certain amount of tastings that 6 they get to purchase. So, it's been a little -- that's 7 another little subset that comes in just for that. 8 COMMISSIONER LETZ: Beer drinking. 9 MS. WEAVER: Yeah. 10 COMMISSIONER LETZ: My other question is that the 11 -- as to what the County is doing, basically, is maintenance 12 is the big thing. I mean, they keep the rodeo arena prepped 13 numerous times -- or several times. 14 MR. BOLLIER: We take all our panels outside, build 15 the pens. We put the -- everything outside, everything, and 16 then we take care of the rodeo arena during the event. We 17 make sure that they have a stage out front. You know, just 18 regular -- 19 MS. WEAVER: Just do their regular -- 20 COMMISSIONER OEHLER: Another thing that's going to 21 happen is that Road and Bridge is going to fill a bunch of 22 water trucks, and then Maintenance will be in charge of -- of 23 keeping the parking lot out there -- because it's not going 24 to get sealcoated before the event, because Leonard felt it 25 would be a little too fresh and would get damaged, and we 4-22-13 82 1 just sure didn't want to do that but one time. So, they're 2 just going to water that, and we'll be able to use water out 3 of the rainwater cachement system to do all that, because the 4 level as of last week after that rain was right at 100,000 5 gallons, and so we'll be able to utilize that for a change 6 and not have to be buying it from the wastewater plant. 7 COMMISSIONER BALDWIN: Fantastic. 8 MS. WEAVER: I want to say thank you to all of you 9 for your support and your consideration. Thank you to Rob, 10 and a huge thank you to Tim and his crew, because it would 11 not go off like it does without their assistance. Thank you. 12 COMMISSIONER BALDWIN: Judge, I got one comment 13 here. 14 JUDGE TINLEY: Yes, sir? 15 COMMISSIONER BALDWIN: In the agreement, under 16 definitions, the word "rent" means base rent plus any other 17 amount of money payable by the tenant to the landlord. When 18 is that going to take place? 19 MS. WEAVER: Well, we appreciate your waiving of 20 the rental fees in exchange for being a sponsor of this 21 event. (Laughter.) 22 COMMISSIONER BALDWIN: I feel a lot better. 23 MS. WEAVER: Good. Thank you, sir. 24 COMMISSIONER BALDWIN: Thank you. 25 JUDGE TINLEY: Any other comments? Questions? All 4-22-13 83 1 in favor of the motion, signify by raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: The motion does carry. Let's go to 6 Item 18, which is to consider, discuss, take appropriate 7 action to close River Road in connection with KerrFest event 8 at Hill Country Youth Event Center. 9 MR. HENNEKE: Kristan -- 10 COMMISSIONER OEHLER: Just a safety issue. 11 Pedestrians and things, you know, walking down the roadway 12 from the overflow parking down there in the park, Flat Rock 13 Lake Park, and they're able to control access a lot better. 14 So, I'll move approval of that agenda item. 15 MR. HENNEKE: Kristan -- gentlemen, Kristan pointed 16 out to me that I guess it's Riverside Drive; it's not River 17 Road. But it is a river road. (Laughter.) I think there's 18 enough notice that -- 19 JUDGE TINLEY: You want to bring it back with the 20 correct name? 21 MR. HENNEKE: I don't think -- 22 JUDGE TINLEY: Or do you think it's pretty clearly 23 understood? 24 MR. HENNEKE: I don't think we need to. 25 JUDGE TINLEY: The area between Flat Rock and the 4-22-13 84 1 Youth Event Center property. 2 MR. HENNEKE: It is the river road, yes, sir. 3 JUDGE TINLEY: Yeah. 4 COMMISSIONER OEHLER: I notice that you put -- took 5 my name and Mr. Moser's on this, and I think you're the one 6 that did the agenda item. 7 COMMISSIONER BALDWIN: Team effort. 8 MR. HENNEKE: Jody proofed it, though. 9 JUDGE TINLEY: Well, unfortunately, I'm the one 10 that approved the agenda, so the bucks stops with me. 11 COMMISSIONER OEHLER: Okay. 12 JUDGE TINLEY: We have a motion. Do I hear a 13 second? 14 COMMISSIONER OEHLER: I think we did have a second 15 over there somewhere. 16 THE CLERK: I didn't hear a second. 17 COMMISSIONER MOSER: I'll second. 18 JUDGE TINLEY: All right, now we have a second for 19 sure. Any further question or discussion? All in favor, 20 signify by raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: Motion carried. Let's go to Item 25 19; to consider, discuss, and take appropriate action to 4-22-13 85 1 approve hiring a replacement of a deputy clerk in the 2 District Clerk's Office who is retiring. Ms. Burlew? 3 MS. BURLEW: Good morning. 4 COMMISSIONER OEHLER: Good morning. 5 MS. BURLEW: How are you doing? Yes, I brought 6 this -- put this on the agenda because I have one leaving the 7 end of April, and it's in the budget, so I just need approval 8 to replace this person at a pay grade 15. 9 COMMISSIONER BALDWIN: Pay grade 15? 10 COMMISSIONER LETZ: 15.1? 11 MS. BURLEW: Well, I have -- I'd rather not specify 12 on 15.1, because I have some applications from within the 13 county. 14 COMMISSIONER LETZ: Oh, okay. 15 JUDGE TINLEY: And the longevity is going to carry 16 over? 17 MS. BURLEW: Yes, sir. 18 JUDGE TINLEY: Okay. Are you going to bring back 19 another item to us on approving the step and grade? How are 20 we going to handle that? 21 MS. LANTZ: She has enough in her budget to -- for 22 the employee. She's got several employees she's looking at 23 in-house. She will post it in-house, so she does have enough 24 in her line item to cover -- I believe the highest is at a 4. 25 MS. BURLEW: Yes, ma'am. 4-22-13 86 1 JUDGE TINLEY: So, what we would be approving, 2 then, if we approve this agenda item, would be for a 15.1, 3 plus any accrued longevity would automatically go with it. 4 MS. BURLEW: Yes, sir. 5 JUDGE TINLEY: Under our policy since 1999, I 6 believe. 7 COMMISSIONER BALDWIN: Yeah, and specified -- I 8 mean, is that like -- if you had 10 years of longevity, those 9 things are already built into the numbers? 10 JUDGE TINLEY: Yeah, and they carry over from 11 department to department. 12 COMMISSIONER BALDWIN: Yeah. 13 COMMISSIONER LETZ: But only the longevity carries 14 over, not the other portion. 15 MS. BURLEW: Right. 16 JUDGE TINLEY: Right, just longevity. 17 MS. BURLEW: Longevity. 18 COMMISSIONER BALDWIN: So that would be fair, I 19 think, to do it that way. Otherwise, we're approving 20 something we don't have a clue what's going to happen. I see 21 how that works. That will be fine. 22 COMMISSIONER LETZ: Move approval of the agenda 23 item, with the longevity only to carry over. 24 COMMISSIONER OEHLER: Second. 25 JUDGE TINLEY: Motion made and seconded as 4-22-13 87 1 indicated. Question or discussion? All in favor, signify by 2 raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: Motion carried. Let's go to Item 7 20; to consider, discuss, take appropriate action to replace 8 sound system in the indoor arena at the Hill Country Youth 9 Event Center. 10 MR. BOLLIER: Good morning, everyone. I put this 11 on there, and I have talked to Commissioner Oehler about 12 this. I know that I haven't done anything with this. I was 13 not trying -- I didn't want to spend any money until we do 14 whatever we're going to do with the exhibit hall and all 15 that, but it's gotten to the point to where I'm down to one 16 sound system. I had to have one -- I had to take one to 17 Dennis and get it repaired -- actually, I bought a brand-new 18 one, because I couldn't repair it. And we just need to do 19 something, or y'all need to tell me what I need to do out 20 there. I'd like to see the new sound system that we went 21 over -- that Commissioner Letz and I went over with -- with 22 that guy that -- with the company that put it into the new -- 23 in the new barn. But we really need to do something there, 24 and I know that you know that we had intended for all this to 25 go together with the new exhibit hall, if ever that was to 4-22-13 88 1 come about. 2 COMMISSIONER LETZ: To kind refresh everyone's 3 memory a little bit on the sound system, we went out for -- 4 or got proposals for both doing the new barn and the arena, 5 and we decided, because of the -- you know, they're, I don't 6 know, about 25 -- $24,000 each, that we really wanted to try 7 the new system to make sure it worked before we bought two of 8 them, because they're really -- they're independent systems, 9 so you can't really put it all together. And -- but the 10 system is capable, then, of expanding on with additional 11 modules, whatever you want to call it, into the exhibit hall. 12 So, I'd recommend that we go -- I mean, or authorize Tim to 13 go back to -- I can't think of their name -- the same company 14 we have the proposal from, and have them give us a new 15 proposal. And, you know, bring it back to us. There may be 16 a -- and at that time, I think we should also look at 17 adding -- adding a couple of tweaks to the barn as 18 an additional item. My recollection was that the volume on 19 the far side was pretty -- was not real, real good, and that 20 for announcing, it's a little bit hard to hear some things. 21 And I think it's a pretty minimal cost to add a couple more 22 speakers in the big barn. But I think overall, the system 23 worked great from what I heard. And -- 24 COMMISSIONER OEHLER: Big improvement over what we 25 had. 4-22-13 89 1 MR. BOLLIER: Well, I think that -- I think also, 2 wasn't there somewhere in there where we had to make that a 3 couple of zones, you know, like the front half of the barn 4 was going to be a zone, and the second half, we were going 5 to -- 6 COMMISSIONER LETZ: No, we're not doing one system 7 for the whole barn. 8 MR. BOLLIER: Okay. 9 COMMISSIONER LETZ: You can't -- if you start 10 having two systems in the same area, it doesn't work. Now, 11 in the exhibit hall, there's divided rooms. There, you would 12 want to be able to have one system or two systems. But in 13 the barn, it will be one system for the whole arena and the 14 shed area. But I'll make a motion to authorize Tim to 15 contact the same company and update the proposal we had 16 previously received. 17 COMMISSIONER OEHLER: Second. 18 JUDGE TINLEY: And bring it back to the Court? 19 COMMISSIONER OEHLER: Yes. 20 JUDGE TINLEY: Motion made and seconded as 21 indicated. 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.) 4-22-13 90 1 JUDGE TINLEY: Motion carries. Item 21; to 2 consider, discuss, take appropriate action to appoint Charity 3 Fegenbush as Animal Control Manager and approve increase in 4 salary. Commissioner Oehler? 5 COMMISSIONER OEHLER: Well, I think when we 6 appointed her interim manager of the facility after Janie 7 retired, that we gave her a couple of months to see how 8 things were going. I think they've gone very well. She has 9 done a lot of things out there that needed doing to upgrade 10 and to clean that facility up and make it work better. And 11 she had a few problems when she started out, but I think a 12 lot of that's been corrected, and I want to give her high 13 praise for what she has done. And I don't see that we really 14 have anybody else that I feel like would be appropriate for 15 that position, and I would like to recommend that we appoint 16 her manager of Animal Control, and discuss a salary to go 17 with it. 18 COMMISSIONER LETZ: I -- 19 COMMISSIONER MOSER: Charity has all the 20 qualifications that -- that I know that you've -- 21 MS. FEGENBUSH: Yes, sir. 22 COMMISSIONER MOSER: -- received lately? Okay. 23 COMMISSIONER LETZ: I would prefer to defer making 24 this change, for two reasons. One, the main reason is, I 25 hope we go through a -- the survey study of looking at how 4-22-13 91 1 the county's, you know, job descriptions and all that, and I 2 don't want to -- my preference is to wait for that study to 3 be done first. I think the other thing is, I just -- I'd 4 like to look at the -- the performance out of that facility a 5 little bit longer, myself. I do not have a problem of 6 increasing the pay, but I don't want to go with making a 7 permanent change at this point. I'd rather leave it as an 8 interim until we get through, because I just am still 9 wrestling around long-term as to how we organize some of the 10 departments in the county. I've talked about this with 11 Environmental Health Department, and also with Animal Control 12 previously. I just am not -- you know, I want to make sure 13 that we're, you know, doing the right thing. I don't want to 14 promote someone and then have to make a change. So, I don't 15 mind giving a pay increase, you know, because of that, but I 16 think my preference be would be leave it as an interim 17 position for the time being. 18 JUDGE TINLEY: I would -- I would agree with 19 Commissioner Letz. I think we need -- because of the 20 additional responsibilities she's taken on as interim, we 21 need to make some adjustment to her compensation out there 22 because of those additional duties. But with the upcoming 23 study that may bear upon some reorganization issues or 24 restructuring issues, and I think there may be some of those 25 anyway, so I'd like to -- like to defer a permanent 4-22-13 92 1 appointment. But, certainly, I think an adjustment in 2 compensation is in order, but just defer on the actual re -- 3 the structure of the -- designating on a permanent basis 4 until we kind of sort out where we're going to go on -- on a 5 lot of these management issues. 6 COMMISSIONER OEHLER: I would recommend that we 7 would increase her pay up to 40,000. That is -- 8 COMMISSIONER BALDWIN: What is it today? 9 COMMISSIONER OEHLER: -- over $7,000 less than what 10 the manager was making when she left. 11 COMMISSIONER BALDWIN: 7,000 less? 12 COMMISSIONER OEHLER: Less than what Janie was 13 making. 14 JUDGE TINLEY: The most recent manager. 15 COMMISSIONER OEHLER: It would be an increase -- a 16 substantial increase for Charity, what hers is. 17 COMMISSIONER BALDWIN: Can we -- 18 COMMISSIONER OEHLER: It stays with what we have 19 budgeted to cover that manager's position. That is a -- it 20 is a big job for anybody. There aren't many people that do 21 that well. I wouldn't want to do it, I guarantee you. 22 COMMISSIONER BALDWIN: You won't catch me out 23 there. 24 COMMISSIONER LETZ: I think the other thing that, 25 you know -- you know, I don't have a real problem with that 4-22-13 93 1 dollar amount, but I think that we should probably send 2 Charity to some management training, plus -- you know, which 3 I know there's -- I'm sure H.R. can find some. 4 COMMISSIONER OEHLER: Actually, Ray has been 5 helping with that. 6 COMMISSIONER LETZ: But, I mean, she needs to be 7 trained by a management training company. That's one of our 8 problems that we have as a county, I think, is that we don't 9 do that to enable people to, you know, learn and grow. So, I 10 think there's -- you know, I'm sure there's some around that 11 we can do. But I think that's an important thing for the 12 growth of anyone who we're considering for management. 13 JUDGE TINLEY: I receive occasionally flyers from 14 various institutes that do this kind of thing, and it wasn't 15 too long ago, I guess it was, that there was some -- some 16 management training, and I sent it down to Ms. Lantz, and 17 with a little note on it that it might be appropriate, that 18 or something similar, for -- for Ms. Fegenbush. And I think 19 Ms. Lantz is looking at trying to find the appropriate 20 training sessions for all of our -- all of our people that 21 might have management training needs. 22 COMMISSIONER BALDWIN: Did you say 40,000? 23 COMMISSIONER OEHLER: Forty even, yes. 24 COMMISSIONER BALDWIN: I'll second that motion. 25 JUDGE TINLEY: We have a motion and a second to 4-22-13 94 1 increase Ms. Fegenbush's compensation -- effective what, 2 May 1? 3 COMMISSIONER OEHLER: May 1. 4 JUDGE TINLEY: Effective May 1, to $40,000 as 5 interim Animal Control Manager. Do I hear any question or 6 discussion on the motion? All in favor, 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: The motion does carry. 12 MS. FEGENBUSH: Thank you. 13 JUDGE TINLEY: Let's go to Item 22; consider, 14 discuss, take appropriate action to address possibility of 15 prohibiting the sale or use of restricted fireworks, such as 16 skyrockets with sticks and missiles with fins, in any portion 17 of the unincorporated areas of Kerr County pursuant to Local 18 Government Code Section 352.051 for the Cinco de Mayo 19 holiday. I think we have some legal issues with this, do we 20 not, County Attorney? With the -- with the drought -- 21 MR. HENNEKE: Yeah. That -- 22 JUDGE TINLEY: -- index? 23 COMMISSIONER OEHLER: Index. 24 MR. HENNEKE: How I understand it now works is if 25 the drought index is at that point, then the ban is 4-22-13 95 1 automatic. And -- 2 COMMISSIONER OEHLER: Yeah, the sales people do it 3 automatically based on that index. They don't have to -- 4 MR. HENNEKE: And, really, you know, the County 5 doesn't have authority any more, unless it's at that level to 6 do this. 7 COMMISSIONER BALDWIN: So, it's our duty to 8 announce what level the index is? Or -- 9 COMMISSIONER MOSER: How do they get it? 10 COMMISSIONER BALDWIN: -- are these dealers going 11 to run out and find it? 12 COMMISSIONER OEHLER: That's what they do. 13 MR. HENNEKE: I don't know exactly how that works 14 within the industry. It's on a website through the A & M, 15 you know, system -- you know, web page, but that I've had to 16 find before, and I could find again. 17 COMMISSIONER LETZ: I can let you know pretty 18 quickly. 19 COMMISSIONER MOSER: So, what's the downside to us 20 proceeding, even though they would be looking at some other 21 source like the index to determine yes or no? 22 MR. HENNEKE: It's really a moot issue. Non -- you 23 know, non-binding, wouldn't have any force. 24 COMMISSIONER MOSER: So we just might be 25 overcommunicating if we take action? 4-22-13 96 1 MR. HENNEKE: Yeah, I guess, or acting without 2 authority. I mean, -- 3 COMMISSIONER MOSER: Don't want to do that. 4 MR. HENNEKE: -- you could see it as an opinion, I 5 guess, maybe. 6 COMMISSIONER MOSER: Yeah. 7 JUDGE TINLEY: Well, if the -- if the sellers of 8 those items are charged with the responsibility of, number 9 one, paying attention to that index, and if that index 10 reaches that -- whatever that magic point is that they not 11 market those particular items, why, I think that resolves the 12 issue. 13 MR. HENNEKE: I think so. I've never really fully 14 understood how the industry works with the connection of 15 that, and, you know, we could -- I could look into it and 16 report back if y'all needed to have more information. I know 17 that a year and a half ago, I think for the 4th, when we 18 entered into this order, we were contacted by a fireworks 19 vendor after the fact that pointed out that the law had 20 changed since the last -- you know, the last legislative 21 session, and they were correct that it was -- it was tied to 22 this index. But I don't -- I really don't know how they -- 23 if they're officially notified by the State, or if they have 24 to keep track of it or what as to how that's put into effect. 25 COMMISSIONER LETZ: The -- the index is the 4-22-13 97 1 Keech-Byrum Index, and Kerr County is either -- right now is 2 between the range of 400 to 600; depends on where you are in 3 the county. At the scale of 0 to 800, drought usually starts 4 at 600 to 800, as -- you know, 700, 800. So we're in that 5 moderate range right now. We're not in a drought, based on 6 that index. I mean, to me, it's kind of a moot point. I 7 wouldn't vote right now to put it -- 8 COMMISSIONER BALDWIN: I wouldn't either. If I had 9 the authority or not, I wouldn't vote. 10 COMMISSIONER LETZ: So, to me, I'd say no action on 11 this item. 12 COMMISSIONER OEHLER: I agree. 13 JUDGE TINLEY: Anything further from any member of 14 the Court? Let's move forward, then. Item 23; to consider, 15 discuss, take appropriate action to schedule a tour of the 16 Butt-Holdsworth Memorial Library. Commissioner Letz? 17 COMMISSIONER LETZ: This comes out of, I guess, a 18 meeting that Commissioner Moser and I have had with the City 19 related to the library, and one of the things that came up is 20 that it would be, you know, probably worthwhile for 21 Commissioners to see what the new library looks like, more on 22 a tour. I think there's some e-mails that may have -- 23 that -- I think, actually, we received a request or a letter 24 or notice from the City Manager. And, to me, it is a -- it 25 would be preferable to go as a group. I think you kind of, 4-22-13 98 1 you know, see what they're doing over there, as opposed to 2 all of us just wandering over, you know, one on one. And I'm 3 sure the City Manager would accommodate us, you know, if we 4 figure out a time. We can do it as a workshop; no decision, 5 no action, just kind of a -- to get a tour by the -- 6 COMMISSIONER MOSER: Library. 7 COMMISSIONER LETZ: -- librarian. And, certainly, 8 the mayor would be welcome to come along. 9 COMMISSIONER MOSER: Yeah. I'd only add to that -- 10 COMMISSIONER LETZ: Or nevermind. But, anyway, I 11 just thought we'd -- you know, be good to do it as a group 12 and see if we could figure out a time to post a workshop and 13 do it. And maybe the way to go forward would be for Jody to 14 kind of schedule it and then post it. 15 COMMISSIONER BALDWIN: Kind of? 16 COMMISSIONER LETZ: Kind of. 17 COMMISSIONER MOSER: I went over there 18 independently several months ago and took that tour. It's -- 19 it takes quite a while to -- I mean, an hour or so to do it, 20 to be able to see all the features of the new facility. So, 21 at that time, we talked about it being a good idea. Then, 22 when Commissioner Letz and I met some of the City and library 23 folks the other day, we thought it would be a good idea, 24 especially as a group. If we're going to look at this thing 25 and vote on it, it's just more information by which to make a 4-22-13 99 1 decision. So, I think it's a great idea to do it as a group. 2 COMMISSIONER LETZ: I don't know that we need any 3 action on this. I'd just ask Jody to try to schedule it, and 4 hopefully we can all attend. 5 COMMISSIONER OEHLER: I think at another point in 6 time, we ought to get the City Council to come tour the 7 Animal Control, see how that works. 8 COMMISSIONER MOSER: Probably, yeah. I mean, 9 seriously. 10 COMMISSIONER LETZ: It is good, 'cause the -- or 11 for that matter, I mean, I think the -- as part of that, 12 O.S.S.F. and solid waste, because -- well, that's a different 13 item; can't talk about that. We're talking about the library 14 right now. 15 COMMISSIONER MOSER: Right. 16 MAYOR PRATT: Stay on focus. 17 COMMISSIONER LETZ: So, anyway, Jody? I saw a 18 smile and a nod, so that means she's more than happy -- 19 MS. GRINSTEAD: It's just getting the five of you 20 to pick a date you can all be there. 21 COMMISSIONER LETZ: Pick several. 22 COMMISSIONER MOSER: Just tell us when we're going 23 to do it. 24 COMMISSIONER LETZ: I mean, you know, generally 25 Mondays are -- you know, are relatively good, because we're 4-22-13 100 1 usually here on Mondays. So, a Monday would probably be a 2 good time from our standpoint. From mine, anyway. 3 COMMISSIONER OEHLER: Yeah. 4 COMMISSIONER LETZ: Monday, early afternoon or 5 morning, either way. 6 COMMISSIONER MOSER: Okay. 7 COMMISSIONER LETZ: Maybe next Monday, or three 8 Mondays from now? Maybe get with Todd, see what works for 9 them, or with the library. 10 JUDGE TINLEY: It's in your lap, okay. Is that it 11 on that one, gentlemen? Let's to go Item 24; to consider, 12 discuss, take appropriate action to approve a contract for 13 two copiers for the Sheriff's Office. 14 SHERIFF HIERHOLZER: This was a renewal of the 15 current contract that we've had. We've had an issue, but 16 right now, in visiting with the County Attorney -- and I 17 failed to get these two contracts over to him. Even though 18 it's all within my budget and same amount, I'd rather just 19 pass on this item until we can visit. He's got other vendors 20 that they have looked at with the Buy Board that may make it 21 a little bit easier, but it was all in budget. But if you 22 would just pass on it for right now. 23 JUDGE TINLEY: Okay. Item 25; consider, discuss, 24 and take appropriate action on authorizing Grantworks to 25 apply for Texas Department of Agriculture Colonia Grant for 4-22-13 101 1 the Kerrville South and Center Point wastewater systems. 2 Commissioner Moser? 3 COMMISSIONER MOSER: Thank you very much, Judge. 4 This is to get the ball rolling, same way we did in Kerrville 5 South, for colonia grants to hook up individual systems to 6 the lateral lines when we get Center Point wastewater there. 7 So, Betty Collier is here from Grantworks, and she can give 8 us a little bit more information on this. Betty? 9 MS. COLLIER: Good morning. Good to be back to see 10 all of you again. We were just -- as the Commissioner said, 11 this is just to get us started. We have a deadline of June 12 17th, so we can't poke around. They gave us all of 12 weeks 13 to -- from the time they put out the notice of the 14 application to, you know, get it submitted. As the 15 Commissioner said, we've got a few holes in Kerrville South 16 that need to be finished up, the apartments out there, and on 17 Quail Drive, I believe there's a few little places. And we 18 could work with the City, with their Public Works people, to 19 find out which houses are left, and then work with that 20 apartment complex to get some cooperation with them, 'cause 21 we'll have to do an income survey of the whole apartment 22 complex. 23 And then whatever moneys are left -- and I talked 24 to Eric this morning, and he said he felt like there would be 25 probably 150,000 left to use at Center Point, and then finish 4-22-13 102 1 -- you know, start working on that area out there. And then 2 after the construction starts at Center Point, with the Texas 3 Water Development Board and getting those lines in, then we 4 can apply for what they call a CEDAP, which is a Colonia 5 Economically Distressed Area Program, to help along with that 6 to -- which would do income-eligible folks hooked up to the 7 lines, the main lines out there. So, we can work on that 8 after that gets kicked into gear, but start on whatever we 9 can with Center Point at this point right now. So, with 10 this, whatever funds are left with the -- when they're done 11 with Center Point. 12 COMMISSIONER MOSER: And so the cost here is just 13 for some newspaper notices. 14 MS. COLLIER: Right now, we'll have -- we need to 15 schedule a public hearing. It will be the cost of a -- of 16 the public notices for the county, which is probably less 17 than $50, 'cause we make them as short and sweet as we can. 18 And then there will be a notice that says this is what the 19 County decided to apply for. Once the resolution's done, it 20 will have to come back to you with a resolution for the 21 project later in the game. 22 COMMISSIONER BALDWIN: Is this two different 23 grants, one for Kerrville South and one for Center Point? 24 MS. COLLIER: It will be one. 25 COMMISSIONER BALDWIN: One grant? 4-22-13 103 1 MS. COLLIER: One grant, just 500,000 is the total. 2 And we won't need it all in Kerrville South. 3 COMMISSIONER BALDWIN: I understand that. 4 MS. COLLIER: But it's just one at this point. And 5 then once the sewer lines start going in at Center Point, 6 then we can apply for another -- another one for them. 7 COMMISSIONER BALDWIN: The connection -- the 8 connection issue. 9 MS. COLLIER: Yeah. 10 COMMISSIONER BALDWIN: For the line to the home. 11 MS. COLLIER: Right, to the houses. 12 COMMISSIONER BALDWIN: Okay. 13 MS. COLLIER: I think we just finished up another 14 one, so we're going to try to do a final public hearing and 15 an application public hearing at the same time. One of us 16 will come over and do that sometime in the next couple weeks, 17 probably. 18 COMMISSIONER MOSER: Okay. I move that we 19 authorize Grantworks to proceed with the -- applying for the 20 grant for the colonia activities. 21 COMMISSIONER BALDWIN: Second. 22 JUDGE TINLEY: Motion made and seconded -- by 23 "activity," are you talking about Kerrville South and Center 24 Point? 25 COMMISSIONER MOSER: Both of them, right. 4-22-13 104 1 JUDGE TINLEY: Motion made and seconded as 2 indicated. Any question or discussion? All in favor, 3 signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: Motion carried. 8 MS. COLLIER: Thank you. 9 JUDGE TINLEY: Item 26; to consider, discuss, take 10 appropriate action on a ratification and confirmation of 11 Commissioners Court resolution for Johnny Manziel. 12 COMMISSIONER BALDWIN: Who? (Laughter.) 13 COMMISSIONER LETZ: Move approval. 14 COMMISSIONER MOSER: If we don't approve it, do you 15 take it back? 16 JUDGE TINLEY: Yeah, I'll go get it. I'll go get 17 it. 18 COMMISSIONER OEHLER: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval. Question or discussion? All in favor, signify by 21 raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: Motion carries. There was quite a 4-22-13 105 1 number of us there with resolutions of various and sundry 2 sorts. I again want to -- 3 COMMISSIONER MOSER: And none of them allowed to 4 speak. 5 JUDGE TINLEY: No. No. No, we all got the same 6 amount of time, zero. Okay. 7 COMMISSIONER LETZ: Probably a good thing. 8 JUDGE TINLEY: Yeah. 9 COMMISSIONER MOSER: Oh, yeah. 10 COMMISSIONER OEHLER: It would have lasted a long 11 time. 12 JUDGE TINLEY: Let's go to Section 4 of the agenda, 13 the payment of the bills. 14 COMMISSIONER BALDWIN: I move we pay the bills. 15 COMMISSIONER MOSER: Second. 16 JUDGE TINLEY: Motion made and seconded to pay the 17 bills. Any question or discussion? 18 COMMISSIONER LETZ: Quick question. I think I know 19 the answer, but I thought I'd check. On election services, 20 we're buying a bunch of ballots, which I presume are for the 21 city election, or schools? 22 MS. HARGIS: Yes. 23 COMMISSIONER LETZ: Some of those, and we get 24 reimbursed those funds, correct? 25 MS. HARGIS: Yes. 4-22-13 106 1 COMMISSIONER LETZ: I just wanted to make sure. 2 JUDGE TINLEY: Any other questions or comments? 3 All in favor of the motion, signify by raising your right 4 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. Budget 9 amendments. We have, looks like, budget amendment request 10 summary Items 1 through 9. Any questions or comments on 11 those? Do I hear a motion that the budget amendments, as set 12 forth in the budget amendment request summary dated 4-22-13, 13 Items 1 through 9, be approved as submitted. 14 COMMISSIONER BALDWIN: So moved. 15 COMMISSIONER OEHLER: Second. 16 JUDGE TINLEY: Motion made and seconded as 17 indicated. Question or discussion? 18 COMMISSIONER BALDWIN: I got a question. I just 19 want to make sure I'm seeing all this right. Of course, 20 Number 8 is the Turtle Creek School, and she had donated $585 21 to us. 22 MS. HARGIS: Yes. 23 COMMISSIONER BALDWIN: And is the expense $585 on 24 a -- on the recent purchase? 25 MS. HARGIS: No. No, but we have to -- we have to 4-22-13 107 1 approve that. We -- you accept the revenue first. And -- 2 COMMISSIONER BALDWIN: We hadn't done that before? 3 MS. HARGIS: No, we haven't. 4 COMMISSIONER BALDWIN: I see, okay. I see it now. 5 MS. HARGIS: We don't have the expense ready yet, 6 so I didn't put it in there. 7 COMMISSIONER BALDWIN: Okay. I see it clearly, 8 thank you. 9 JUDGE TINLEY: Any other questions or comments? 10 All in favor of the motion, signify by raising your right 11 hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: Motion carried. Late bills? 16 MS. HARGIS: I don't think so. I think we got them 17 all in. 18 JUDGE TINLEY: I have not received any. I've been 19 presented with monthly reports from the Kerr County 20 Treasurer; Constable, Precinct 4; Justice of the Peace, 21 Precinct 1; Justice of the Peace, Precinct 4; Environmental 22 Health; District Clerk; District Clerk, amended, for February 23 2013; Environmental Health quarterly report, January through 24 March 2013, for Nuisance Abatement program; and Road and 25 Bridge for November 2012. Do I hear a motion that the 4-22-13 108 1 indicated reports be approved as presented? 2 COMMISSIONER LETZ: So moved. 3 COMMISSIONER MOSER: Second. 4 JUDGE TINLEY: Motion made and seconded that the 5 indicated reports be approved as presented. Question or 6 discussion? 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 does carry. Let's go to 12 Section 5, reports from Commissioners in connection with 13 their committee -- liaison or committee assignments. 14 Commissioner Oehler? 15 COMMISSIONER OEHLER: Animal Control, Tim's crew 16 has just about completed the renovation to that. I think 17 they still may lack a little painting, but other than that, 18 it's great. Looks great. It's really going to control 19 access to that facility a lot more than it ever has before. 20 Other than that, I guess just keeping up with the show barn 21 stuff and exhibition hall, and meeting with the architect and 22 that sort of thing. That's been done. Hope to move forward. 23 JUDGE TINLEY: Commissioner Baldwin? 24 COMMISSIONER BALDWIN: I have nothing at this time. 25 Thank you for asking me, though. 4-22-13 109 1 JUDGE TINLEY: Commissioner Moser? 2 COMMISSIONER MOSER: Airport, we had hoped to have 3 this month some response from the Texas Department of 4 Transportation Aviation on the 90/10 money for constructing 5 new hangars. That's going to be next month before they 6 finish their work on that. That delay is not an issue, but 7 everything looks favorable for that. So, that's all I have. 8 JUDGE TINLEY: Commissioner Letz? 9 COMMISSIONER LETZ: Just probably one thing I 10 mentioned, I think, before to the Court, but I'm getting 11 ready to get started -- we're going to look at our 12 subdivision rules and regulations. That will probably be a 13 relatively lengthy process to go through. I won't kind of 14 say we'll rewrite, but definitely update, and there are a 15 number of changes that I know that we've noted over time. 16 So, we'll be starting to work on that, probably have that on 17 our agenda next meeting and the meeting after that to get 18 input from the community on that, maybe some sort of a public 19 hearing or public comment period or something like that, 20 because a lot of the surveyors will be engaged. I think 21 that's it. 22 COMMISSIONER BALDWIN: I sure hope you include the 23 City/County agreement on the ETJ. Where is that? 24 COMMISSIONER LETZ: We don't have one. 25 COMMISSIONER BALDWIN: There is not one. 4-22-13 110 1 COMMISSIONER LETZ: There is not one at the moment. 2 COMMISSIONER BALDWIN: You and I almost gave our 3 lives to that cause, and we still don't have one. 4 COMMISSIONER LETZ: It was close. It was close. 5 But, you know, hopefully -- we may try to work with that. 6 Jason Lutz is now the head of that department. We've talked 7 about it briefly, but I think it would be a good thing. 8 Whether we can get there or not, I'm not sure. That's it. 9 JUDGE TINLEY: Okay. Reports from elected 10 officials or department heads? 11 MR. GARCIA: Just a report that in October, October 12 30th, my office administrator will be retiring. 13 JUDGE TINLEY: October 30? 14 MR. GARCIA: Yes. 15 JUDGE TINLEY: 31? 16 MR. GARCIA: Yes. 17 MR. HENNEKE: Thank you. 18 JUDGE TINLEY: Sheriff? 19 SHERIFF HIERHOLZER: Of course. First off, of 20 course, female jail population isn't changing. We're still 21 at 28. At this point, we're just -- we're not too high, but 22 mainly because the male population has dropped. I think it 23 was about 118 this morning, so -- which is good. It's just, 24 what are we going to do with the females? Secondly, I think 25 you all -- well, the building onto the annex for the D.A.'s 4-22-13 111 1 office is going very well. There was one deal that I did 2 sign an approval to do kind of a change, because what it was, 3 Judge, -- and it's coming out of our funds -- is the water -- 4 kind of water fountain, water deal that we have in the 5 fitness room, they had Culligan hook up a drain into that top 6 sewer outlet inside the unexpanded area when they did it, and 7 at first Peter and them thought that would be fine. 8 Evidently, they said no, it's got to be hooked down farther. 9 So, because it's coming out of our donated funds and that, I 10 went ahead and signed that approval just to have that line 11 put in properly. 12 JUDGE TINLEY: And you're paying for it? 13 SHERIFF HIERHOLZER: And I'm paying for it, okay, 14 out of that. That's why it did not come to the Court. It 15 was an after deal for that fitness center for the water 16 fountain. The other issue, you may have heard earlier in the 17 week we had a situation where we had a 92-year-old female 18 with medical issues that wandered away from her home. It 19 took officers -- I think Kerrville P.D. assisted, D.P.S. 20 assisted, Game Wardens assisted, Constable's office assisted, 21 Kendall County. We had about 40 to 50 officers, and had to 22 search some very rugged terrain. We found her five hours 23 later about a mile from the home, in thick brush. There's no 24 doubt in my mind, she would not have survived if the officers 25 hadn't located her. She was treated at the hospital. But, 4-22-13 112 1 unfortunately, when this search started, it was about 2 9 o'clock in the morning, very cool, and by the time it 3 ended, it was way late in the afternoon and extremely hot. 4 And in that terrain, we did have one deputy constable and two 5 of my officers suffer from heat exhaustion. My two are still 6 out on worker's comp leave until the 30th, but they are both 7 going to be okay. But it was an issue we had to deal with. 8 Red Cross did come out also and help with food and 9 water. They got it. It just the way it happened, as far 10 as -- it's a rugged area, and as they had to search, by the 11 time some officers realized that they were maybe getting too 12 hot, they were 3 miles back in brush and had to work their 13 way out. So, some of those issues are being dealt with. But 14 I think it's very admirable to all the law enforcement in 15 this county and city that they were able to find what, in 16 essence, is like a needle in a haystack; very, very thick 17 brush, in that timeframe where she was okay and survived. 18 So, I'm very proud of them. They have started construction 19 on the signs, started this weekend out in front of the 20 office. Other than that, we're moving -- 21 COMMISSIONER MOSER: On something like that search, 22 can -- do you have access, or does D.P.S. or someone have 23 infrared capability? 24 SHERIFF HIERHOLZER: D.P.S. helicopter does have 25 infrared. It's hard to use in a lot of this area. 4-22-13 113 1 COMMISSIONER MOSER: Because of some of the 2 animals? 3 SHERIFF HIERHOLZER: Because of the number of 4 animals. 5 COMMISSIONER MOSER: Right. 6 SHERIFF HIERHOLZER: Okay. Whether they be, you 7 know, goats and sheep, which out in that area -- Jonathan 8 knows that area -- it's lots of goats and sheep and cattle. 9 It does make it a little more difficult. The other thing 10 that we do have, and as y'all will recall, I guess it's been 11 five, six years ago, Judge, Alamo Area Council of Governments 12 furnished us with an emergency communications trailer to help 13 communications with all the agencies around this area. Of 14 course, that grant time period is over; that trailer belongs 15 to us now. And the reason I couldn't pull it out then for 16 that situation is because it's currently stripped, being 17 totally redone so it's more user-friendly to all the 18 surrounding counties of us and ours. And we did get a -- a 19 $9,000 donation the other day to help take care of that 20 upgrading of that, but there are some other things where we 21 are -- I've got three officers that have been put in charge 22 of training and organizing our -- of our citizens academy 23 alumni graduates, 'cause those people are fabulous, you know, 24 what class of people we're getting out of that. And to help 25 be able to mobilize those and that trailer in a matter of 4-22-13 114 1 minutes, instead of trying to find B.J.'s crew to pull it or 2 whatever, so that we can have it available for any area. But 3 it's going to be more of a command trailer and everything 4 else that we can use. So, we have -- have very -- you might 5 say just very advanced capabilities to mobilize a lot of 6 equipment in a short period of time for that type of 7 situation. You know, the D.P.S. helicopter did come up; they 8 responded out of Austin on that situation. But to have a 9 good command post set up where officers can cool off, you've 10 got cots in the other trailer where they can lie down and 11 keep cool, and make sure we have it -- it's an advantage to 12 us, all of us, at very little expense. 13 COMMISSIONER BALDWIN: The cots, that's in a 14 separate trailer? 15 SHERIFF HIERHOLZER: Yes, that's the smaller 16 trailer that we also had purchased. 17 COMMISSIONER BALDWIN: Oh, that you own. 18 SHERIFF HIERHOLZER: That we own. 19 COMMISSIONER BALDWIN: Yeah. 20 SHERIFF HIERHOLZER: Okay, that we had done through 21 some other donations and grant funds. 22 COMMISSIONER BALDWIN: Yeah. And there's, I think, 23 a unique trailer over at the First Baptist Church over there. 24 SHERIFF HIERHOLZER: With a shower. 25 COMMISSIONER BALDWIN: They have showers. You can 4-22-13 115 1 go ahead -- those guys can go ahead and take showers. 2 SHERIFF HIERHOLZER: They respond with that 3 trailer -- and that's the same way all over. They responded 4 at Katrina; they've responded at a number of these disasters 5 with that trailer. Capabilities are fabulous in the county. 6 It's all part of the emergency management plan that you're 7 doing. It's part of ours. But, you know, you get out in 8 some of the areas in this county, you've got to have the 9 equipment right there. It takes too long to really save a 10 life to get it there. 11 COMMISSIONER LETZ: It's interesting, the location. 12 It wasn't a remote location; we wouldn't think it was. It's 13 right next to the interstate. Fortunately, the interstate 14 was there, 'cause at least it pretty much cut in half the 15 direction this person could have gone. 16 SHERIFF HIERHOLZER: Well, it was a good thing and 17 a bad thing, 'cause the -- the residence she wandered from 18 was about 300 yards from the interstate, and so once I got on 19 scene, I immediately had Kendall County and Kerrville P.D. 20 check with all the convenience stores and that along the 21 interstate, truck stop, to see if she could have been picked 22 up. And one of the stores along the interstate here, we got 23 a -- what was at that point, they said, confirmed positive 24 identification of her being in that store a few minutes 25 earlier. And they wanted to call off the search, and I said 4-22-13 116 1 not until an officer confirms it with a video, and in the 2 store. So, that took a while to pull that video, and it 3 ended up it was not her, even though it had been confirmed by 4 a police officer and the convenience clerk. But you just 5 can't go by those type I.D.'s that well, until we could pull 6 it and look at it. So, I'm glad we didn't call it off. But 7 it does take a lot of manpower and a lot of resources to -- 8 COMMISSIONER LETZ: And, Buster, that's another 9 reason to get rid of cedar. 10 COMMISSIONER BALDWIN: No kidding. There's no air 11 in a cedar break. Unbelievable. 12 SHERIFF HIERHOLZER: Definitely another reason, 13 'cause that's what hurt us a lot. And plus we were having to 14 search around -- there's about a 30-, 40-foot bluff in that 15 area that we couldn't search all in one way; we had to come 16 around from where they're putting power lines in another way. 17 It just created a nightmare of doing the search. And 18 somehow, when she was located, when we did find her, she was 19 located inside a high fence pasture of about 100 acres. How 20 she was able to get in across that high fence, we don't know 21 yet. 22 COMMISSIONER LETZ: Pretty sure she had to climb 23 it. 24 SHERIFF HIERHOLZER: So it was -- you know, the 25 good Lord blessed the officers and her, that everybody came 4-22-13 117 1 out safely. And her family's taking care of her at this 2 point, and it's been very well. 3 JUDGE TINLEY: Okay. Anything else to come before 4 the Court at this meeting? We're adjourned. 5 (Commissioners Court was adjourned at 11:50 a.m.) 6 - - - - - - - - - - 7 8 9 STATE OF TEXAS | 10 COUNTY OF KERR | 11 The above and foregoing is a true and complete 12 transcription of my stenotype notes taken in my capacity as 13 official reporter for the Commissioners Court of Kerr County, 14 Texas, at the time and place heretofore set forth. 15 DATED at Kerrville, Texas, this 26th day of April, 2013. 16 17 JANNETT PIEPER, Kerr County Clerk 18 BY: _________________________________ Kathy Banik, Deputy County Clerk 19 Certified Shorthand Reporter 20 21 22 23 24 25 4-22-13