1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, May 13, 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 May 13, 2013 2 PAGE --- Visitors' Input 6 3 --- Commissioners' Comments 10 4 1.1 Consider/discuss, take appropriate action to announce National Preservation Month in Kerr 5 County; present certificates of appreciation to Sue Dyke, Julius Neunhoffer, and Robert Dozier 14 6 1.2 Consider/discuss, take appropriate action 7 regarding Union Church facility, including proposal from Friends of Kerr County Historical 8 Commission group for further improvements 18 9 1.3 Public Hearing concerning revision of plat for Lots 72 and 79KR of Falling Water Subdivision 10 in Kerr County, and Lot 79KN in Kendall County 23 11 1.4 Consider/discuss, take appropriate action for final approval concerning revision of plat for 12 Lots 72 and 79KR of Falling Water Subdivision in Kerr County, and Lot 79KN in Kendall County 23 13 1.5 Public Hearing regarding revision of plat for 14 Lots 11 and 12 of Whiskey Ridge Ranches 25 15 1.6 Consider/discuss, take appropriate action for final approval regarding revision of plat for 16 Lots 11 and 12 of Whiskey Ridge Ranches 25 17 1.7 Consider/discuss, take appropriate action on resolution acknowledging Gen. Walter Schellhase 18 and Bennie Hyde for their many years of service on the Hill County Veterans Council Board 26 19 1.8 Consider/discuss, take appropriate action to 20 accept preliminary revision of plat for Lots 17-B and 18-A of Cypress Springs Estates, Phase I, and 21 set a public hearing 31 22 1.9 Consider/discuss, take appropriate action to accept preliminary revision of plat and set a 23 public hearing for Lots 11 and one-half portion of Lot 12 of Wood Ridge Estates 32 24 1.13 Consider/discuss, take appropriate action on 25 proclamation declaring May 13 - 19, 2013, as National Salvation Army Week 33 3 1 I N D E X (Continued) May 13, 2013 2 PAGE 1.15 Consider/discuss, take appropriate action 3 regarding proposal from Peter Lewis for Phase 2 of Hill Country Youth Event Center 38 4 1.16 Consider/discuss, take appropriate action to 5 ratify and confirm change proposals for work done on the 198th District Attorney’s Office 53 6 1.17 Consider/discuss, take appropriate action to 7 approve, ratify, and confirm Contract Change Order 1 and approve payment for work completed 8 at 198th District Attorney’s Office 54 9 1.18 Consider/discuss, take appropriate action regarding use of Flat Rock Park for Guadalupe 10 River Parade on August 17, 2013 55 11 1.10 Consider/discuss, take appropriate action on review of county job description/classification 12 study, organization structure, and salary and benefits survey; accept and award proposal 58 13 1.21 Consider/discuss, take appropriate action to 14 authorize Court Compliance to hire/replace a full-time compliance clerk 66 15 1.11 Consider/discuss, take appropriate action on 16 request to hire new JSO to replace current JSO who has resigned her position 72 17 1.12 Consider/discuss, take appropriate action to 18 purchase new sound system for indoor arena at the Hill Country Youth Event Center 73 19 1.24 Consider/discuss, take appropriate action 20 regarding Center Point wastewater system public notice and associated meeting on 6-17-13 81 21 1.14 Consider/discuss, take appropriate action to 22 post and hire kennel/office position as a 14.1 87 23 1.19 Acknowledge receipt of quarterly investment report from Patterson and Associates 88 24 1.28 Consider/discuss, take appropriate action on 25 proposal from VeriFi Laboratory, Inc., for digital forensic analysis services 92 4 1 I N D E X (Continued) May 13, 2013 2 PAGE 1.20 Consider/discuss, take appropriate action on 3 proclamation declaring May 2013 as Older Americans Month 106 4 1.22 Consider/discuss, take appropriate actions to 5 approve hiring/replacing a deputy county clerk 107 6 1.23 Consider/discuss, take appropriate action regarding previous copier machine in Kerr 7 County Attorney’s office 109 8 1.25 Consider/discuss, take appropriate action on interlocal agreement with Ingram ISD for 9 sealcoating at Ingram Middle School and Ingram High School 112 10 1.26 Consider/discuss, take appropriate action to 11 set a workshop to discuss options to return Upper Turtle Creek Cemetery and School to the 12 Turtle Creek Community 114 13 1.27 Consider/discuss, take appropriate action to set a workshop to discuss criteria and 14 qualifications for applicants for Kerr County’s First Responders program 120 15 1.29 Consider/discuss, take appropriate action to 16 appoint a Commissioner or designate a person to perform investigation under Section 751.005 17 of Texas Health and Safety Code for purpose of determining if minimum standards for ensuring 18 public safety and order will be maintained under application for permit for mass gathering 124 19 1.30 Consider/discuss, take appropriate action on 20 future funding for library 126 21 4.1 Pay Bills 138 4.2 Budget Amendments --- 22 4.3 Late Bills 138 4.4 Approve and Accept Monthly Reports 139 23 5.1 Reports from Commissioners/Liaison Assignments 140 24 5.2 Reports from Elected Officials/Department Heads 141 25 --- Adjourned 146 5 1 On Monday, May 13, 2013, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, May 13, 2013, at 9 a.m. It appears to 11 be that time now. Commissioner Baldwin? 12 COMMISSIONER BALDWIN: Yes, sir, thank you. If you 13 folks haven't ever been in a commissioners courtroom or 14 meeting before, I want to let you know that we always open 15 with a word of prayer and the pledge of allegiance. So, if 16 you'd bow your heads and join me. 17 (Prayer and pledge of allegiance.) 18 JUDGE TINLEY: Thank you. Be seated, please. At 19 this time, if there's any member of the audience or public 20 that wishes to be heard on a matter which is not a listed 21 agenda item, this is your opportunity to be heard. If you 22 wish to be heard on an agenda item, we'd prefer that you fill 23 out a participation form. There should be some located at 24 the rear of the room. That gives me a heads-up, knowing that 25 there are folks wishing to be heard on agenda items when we 5-13-13 6 1 get to that agenda item. If, for some reason, you wish to be 2 heard on an agenda item and have not filled out a 3 participation form, that's okay too. Just get my attention 4 in some manner when we get to that item, and I'll see that 5 you're recognized and have the opportunity to be heard. But 6 right now, if there's any member of the audience or public 7 that wishes to be heard on any item which is not a listed 8 agenda item, this is your opportunity to come forward, give 9 us your name and address, and tell us what's on your mind. 10 MR. RAMIREZ: Yes. My name is Vincent Ramirez with 11 the Military Veteran Peer Network; I also am with Hill 12 Country M.H.D.D. We help veterans as best as possible with 13 P.T.S.D. or any mental problems, also with their families. I 14 also brought with me Tony Minor. He just barely started with 15 me this morning. So, what we do, really, is we're -- we do 16 career advising. We also do have volunteers that come in, 17 try to help out the community. We're trying to bring in the 18 community with our veterans as well. We're also going to be 19 opening up our vet center hopefully -- right now, it's 20 scheduled for June 15th, hopefully, and try to bring in -- 21 have a one-stop shop there for our veterans, whatever they 22 need, even family as well. So, if there's anybody that needs 23 any veteran assistance, just contact us. We're with Hill 24 Country M.H.D.D., or you can also find us on the web at 25 mental vet -- milpeer.net, sorry. But please feel free to 5-13-13 7 1 look us up. I have some pamphlets out here in the very back, 2 and with some of my business cards. If y'all need any 3 responses, give us a call. 4 MR. HENNEKE: Give some to the Commissioners. 5 MR. RAMIREZ: I sure will. 6 COMMISSIONER BALDWIN: Hand me a handful and I'll 7 pass them around. Thank you, sir. More than a handful, but 8 whatever. Perfect. Thank you, Vince. 9 JUDGE TINLEY: Thank you, Vince. Anything else? 10 MR. RAMIREZ: That's it. 11 JUDGE TINLEY: Thank you, sir. Anybody else that 12 wishes to be heard with respect to matters not on the agenda? 13 Come forward, give us your name and address and tell us 14 what's on your mind, sir. 15 MR. NOLLER: Thank you. Good morning. My name's 16 Gary Noller; I live at 140 Ray Drive North in Center Point, 17 Texas. I'm here speaking on behalf of the Hill Country 18 Veterans Alliance. I did pass a sheet out; I hope each of 19 you have that. Very brief note on our support for the 20 veterans county service officer. We know you're considering 21 that, and you've got to make a decision sometime here in the 22 next few weeks. I won't go through and read everything that 23 I wrote out here, but we're trying to narrow this thing down 24 as to what are the most important issues to us as veterans to 25 have a county veterans service officer. The first one's 5-13-13 8 1 accountability. You hire them, you set the qualifications, 2 you give them their work duties. And I kind of compare that 3 to the fact of, like, law enforcement in Kerr County. The -- 4 the State of Texas has law enforcement in Kerr County, but 5 you have law enforcement in Kerr County also, because they do 6 different things, and they're answerable to different people. 7 Accessibility. We want a service officer in this building. 8 We believe that there are a lot of unserved veterans. 9 Veterans don't know where to go. This building is very 10 accessible. There's a lot of people that come and go in and 11 out of this building all day long, for a variety of things, 12 and the service officer in this building would be very 13 helpful for those veterans who don't even know where to go to 14 begin to get assistance from the service officer. 15 The last one I put down there is accreditability. 16 We do have volunteer service officers in Kerr County, but 17 they cannot be accredited by the V.A. In order to be 18 certified, you must work and get paid for 1,000 hours a year. 19 Volunteers do not usually get paid, or may not even work 20 1,000 hours. An accredited service officer is able to do 21 some things -- added things, added duties that enhance their 22 helpfulness to veterans. Any time down the road that you 23 have any need for information that we can provide for you, 24 please feel free to call on the members of the Hill Country 25 Veterans Alliance; we'll be more than glad to help you with 5-13-13 9 1 your questions. Thank you. 2 JUDGE TINLEY: Thank you, Mr. Noller. We 3 appreciate it. 4 MR. CANTRELL: Good morning. Bill Cantrell, 428 5 Saddle Club Drive, Commander of the AMVETS post here. I just 6 want to bring some new information that perhaps none of you 7 have heard about, and perhaps you haven't either. So, I just 8 received word from one of our life members, Craig Taylor, 9 who's the developer for Freedom's Path; that's the 10 enhanced-use lease project at the V.A. Hospital. Perhaps you 11 knew there were five developments competing in Region 9. Now 12 it's down to three; apparently two have dropped out. The 13 troubling information had been that one called Anna's Cove 14 was about five points ahead of Freedom's Path. That's the 15 one here. And -- but apparently the T.D.H.C.A., Texas 16 Department of Housing and Community Affairs, has just -- has 17 looked into it and found that Anna's Cove perhaps does not 18 have as many points as they claim to have, because they've 19 come out and they've declared a veterans-only status for 20 Freedom's Path, which allows additional points. That's a 21 boon to us. That's the news I wanted to pass on. 22 JUDGE TINLEY: Thank you, sir. 23 COMMISSIONER MOSER: Good news. 24 JUDGE TINLEY: Anyone else? 25 MR. JACK: My name is Fred Jack, with Texas 5-13-13 10 1 Veterans Commission. I wanted to come and speak today and 2 let some individuals know that we do have claims 3 representation and counseling available through a position at 4 the V.A. One of our missions is to advocate and provide 5 service for veterans in filling out paperwork and -- and 6 getting knowledge regarding claims and benefits that are 7 available to them. The other portion of that is providing 8 fair and honest advocacy for those individuals with 9 accountability. I am a -- an accredited claims counselor. 10 We have over 70 counselors in 32 offices. Most of those are 11 located at veterans' outpatient clinics and in V.A. medical 12 centers. We also provide, through the Texas Veterans 13 Commission, veterans' employment assistance, veterans' 14 education assistance, and funds for veterans' assistance. 15 COMMISSIONER BALDWIN: Thank you. 16 COMMISSIONER MOSER: Thank you. 17 JUDGE TINLEY: Thank you, sir. Anyone else? Okay, 18 looks like we've pretty well run the gamut here. We'll get 19 on with the next portion of our agenda. Commissioner 20 Baldwin, what do you have for us this morning? 21 COMMISSIONER BALDWIN: I -- I have a couple of 22 agenda items that we're going to deal with in a few minutes, 23 and I'll just save my remarks for that time, thank you. 24 JUDGE TINLEY: All right. Commissioner Moser? 25 COMMISSIONER MOSER: Yeah. I'll just remind 5-13-13 11 1 everybody, KerrFest coming up this weekend, getting set up. 2 It's going to be bigger and better, I think. It's a 3 county-wide, area-wide event with lots of activities. The 4 other thing is, we had a tour of the library this past week. 5 The Mayor was there, City Manager was there, several other 6 Councilmen were there, and it was extremely good. It showed 7 that this is truly a -- a facility that's an information 8 resource center. I think the Judge and Commissioner Letz 9 were there. So, I just want to thank, again, the City for 10 sponsoring that and showing us what kind of great capability 11 the facility has. So, that's it. 12 JUDGE TINLEY: Okay. Commissioner Letz? 13 COMMISSIONER LETZ: We've got a long agenda. Let's 14 get on with it. Nothing else. 15 JUDGE TINLEY: Commissioner Oehler? 16 COMMISSIONER OEHLER: The only thing I will say is 17 at Ingram, the work on Highway 39 and the Cade Loop Bridge is 18 about to start. They're kind of getting ready to tear up 19 everything, make a mess. But they're about three months late 20 in starting on the -- what the original contract was, and 21 that time -- the clock is ticking, so they have to do it a 22 little quicker than they anticipated. 23 JUDGE TINLEY: Sounds like they're going to have 24 things in a real big turmoil just about the time the camping 25 season -- 5-13-13 12 1 COMMISSIONER OEHLER: That's just the way it works, 2 I think, with TexDOT a lot of times, but that's the way it's 3 going to work out. And I understand that Friday evening at 4 the new show barn, they had the Walk for Life, and moved it 5 from Antler Stadium to there because of the weather, and I 6 heard good comments from lots of folks. 7 COMMISSIONER MOSER: Smart move. 8 COMMISSIONER BALDWIN: No kidding. 9 COMMISSIONER OEHLER: So, that's it. 10 JUDGE TINLEY: Okay, a couple items. As some of 11 you may have seen in the paper, the grant application that we 12 made to Texas Veterans Commission to do an early start-up on 13 veterans service officer for Kerr County was denied. 14 Ms. Lavender was there and made the pitch for us. She did 15 the grant application, and I'm sure she had all her ducks in 16 line. And a comment from one of the advisory committee folks 17 was that if you had the ability to levy tax, you ought to not 18 get grant funds, and sure enough, that's the way it turned 19 out. Anyone who made application -- municipalities, 20 counties, local government or political subdivisions -- 21 having the ability to levy tax came out on the short end, and 22 nonprofits got all the money. And I'm sure that probably has 23 something to do with our veterans advocates that are here 24 today, and that's understandable. But we're going to push 25 forward, and -- and try and keep it within the county 5-13-13 13 1 purview. 2 Another item that we had, as you'll recall, we -- 3 our -- our financial transparency through the Comptroller, 4 the Comptroller has an award system over there, and we have 5 been at the highest classification and awarded gold 6 certification for our transparency for our financial records 7 and so forth, making our -- all of our financial records 8 available to the public. They're online; you can literally 9 see every check that we write, every -- every dime that we 10 spend. You go online, get to our website and go to 11 financials, and just have yourself a heyday, and spend all 12 day if you're bored, I guess. But there was a new 13 classification that came out that was announced for this 14 year, which was the gold leadership, and our Auditor and her 15 department got together and promptly met the criteria for 16 that award, and we just received notification that we got 17 that gold leadership award. I think we were the only -- only 18 the second county to get that award, according to my 19 understanding, and so congratulations to those folks for 20 doing a good job and for making our constituents have the 21 availability to see all those records and everything we've 22 got here. It's your business, so it's your money, and you're 23 entitled to see it and have instant input if you want to. 24 And the quicker you get that input, obviously, the quicker we 25 can respond to it, so we appreciate that. 5-13-13 14 1 Let's get on with our agenda. We've got several 2 items, so the first item, a 9 a.m. timed item, is to 3 consider, discuss, and take appropriate action to announce 4 National Preservation Month in Kerr County, and to present 5 certificates of appreciation to Sue Dyke, Julius Neunhoffer, 6 and Robert Dozier. Commissioner Baldwin? 7 COMMISSIONER BALDWIN: Thank you, sir. This is 8 Preservation Month in Kerr County, and because of that, we 9 want to say thank you to a few people, and in regards to the 10 old fence that has been erected and completed around the 11 Union Church building. If you guys haven't been out there to 12 see that, you need to. It's very, very impressive. That 13 fence -- for you that don't know, that fence came from around 14 the original courthouse which set out in front of this 15 building here, and that fence is 109 years old this month, I 16 think. And so that's -- that's preservation, if you ask me, 17 and that's pretty neat. And it's been -- it's been 18 interesting to watch that fence finally get up over at the 19 Union Church. So, because of that, I'm going to say thank 20 you to several people. No, it's not you. (Laughter.) 21 Sue Dyke, I want to read this to you. And, Sue, 22 I'm going to present to you this morning, but I'm going to 23 take it right back so I can get these guys to sign it, and 24 then I'll give it back to you. 25 MS. DYKE: That's okay. 5-13-13 15 1 COMMISSIONER BALDWIN: I got them last night. But 2 this is a certificate of appreciation. "The Kerr County 3 Commissioners Court recognizes and acknowledges Sue Dyke for 4 her dedication in coordinating relocation of the 1904 Kerr 5 County courthouse fence to the Union Church building. Kerr 6 County is grateful for this beautification project." And 7 then the Commissioners Court will sign it. I already have, 8 of course. I do my work. (Laughter.) So, thank you. Thank 9 you very much. 10 MS. DYKE: Thank you, Buster. 11 (Applause.) 12 COMMISSIONER BALDWIN: Julius Neunhoffer. It's a 13 new name around the community. We -- Commissioners Court 14 recognizes and acknowledges Julius Neunhoffer for his 15 dedication in coordinating the relocation of the 1904 Kerr 16 County courthouse fence to the Union Church building. Kerr 17 County is grateful for the beautification project. Julius, 18 thank you so much. And, as well, I'll get these other guys 19 to sign. 20 MR. NEUNHOFFER: All right. 21 COMMISSIONER BALDWIN: So I'll get that to you. 22 (Applause.) 23 MR. NEUNHOFFER: My great grandfather, Julius Real, 24 was County Judge at the original getting together and putting 25 the fence up, and now three generations later, we're getting 5-13-13 16 1 it back up to the county again. 2 COMMISSIONER BALDWIN: That's pretty cool. Is 3 Robert Dozier here? Oh, there you are right there. You've 4 grown up. (Laughter.) I didn't recognize you, my god. 5 MR. DOZIER: I got gray in mine, too. 6 COMMISSIONER BALDWIN: Yeah. This is a certificate 7 of appreciation, Robert. The Kerr County Commissioners Court 8 recognizes and acknowledges Robert Dozier for his hard work 9 and dedication in the relocation of the 1904 Kerr County 10 Courthouse fence to the Union Church building. Kerr County 11 is grateful for the beautification project. This is the guy 12 that actually did the work. 13 (Applause.) 14 MR. DOZIER: Thank you, Buster. 15 MS. DYKE: Buster, may I say one thing? 16 COMMISSIONER BALDWIN: You'll have to talk to the 17 Judge. 18 MS. DYKE: May I say -- I'd just like to say 19 something about Julius and about Robert Dozier. Truly, and 20 actually, very truthfully, that the fence wouldn't be up 21 without them. I mean, really. And I think Robert Dozier 22 knows every inch of that church -- that fence. It's been a 23 challenging job, and he had to work over a long period of 24 time because of various interruptions, and he did an 25 extremely excellent job. And thanks to -- thanks to Robert. 5-13-13 17 1 And, Julius, you've been right there with us, and handy. We 2 really do appreciate it very, very much. 3 MS. COLLINS: May I make one quick comment? 4 Preservation is always going on here in Kerr County, and I 5 just want to let you know that there are three endangered 6 properties here in Kerr County that the Historical Commission 7 is so aware of, and we hope to keep those in the community's 8 minds. That is the Comparette home, the Schofield School 9 property, and what's the -- oh, the Tivy Hotel. So, those 10 are endangered properties, and your Kerr County Historical 11 Commission is aware of them, and hopefully everybody in the 12 community will help us with those endangered properties. 13 Thank you. 14 MS. DYKE: There's some other people to be 15 recognized also. I would appreciate very much if Julius 16 would stand up. And, Deborah, please stand. And Barbara, 17 please. And these are members of the Friends of the Kerr 18 County -- oh, Leroy, I didn't see you over there; I didn't 19 see you come in. These people have been extremely faithful 20 in coming to meetings that we've had several of -- several of 21 them, and over a period of a year here, and they -- they 22 really do deserve recognition for their good work. 23 (Applause.) 24 COMMISSIONER BALDWIN: Thank y'all for coming. 25 JUDGE TINLEY: Let's move on to Item 2, a somewhat 5-13-13 18 1 related item, and also a 9 o'clock timed item; to consider, 2 discuss, take appropriate action regarding the Union Church 3 facility, including a proposal from Friends of the Kerr 4 County Historical Commission group for further improvements 5 at the Union Church facility. Mr. Henneke? 6 MR. HENNEKE: Thank you. Thank everyone here. 7 Just briefly, when we were last before the Commissioners 8 Court, the Court approved the completion of the gate and the 9 fence, and the direction was for the group, if they wanted to 10 do anything further after that, to come back and have a 11 proposal approved by the Commissioners Court. So, 12 Commissioner Baldwin, I think that is attached to the back. 13 You received the report from Ms. Dyke and the Friends group 14 saying that the fence and gate were completed, and it had in 15 there some other ideas. And just in keeping consistent with 16 what this Commissioners Court has already said and approved 17 -- or said and approved at past meetings, I put it back on 18 the agenda for two purposes. One, for the Court to, you 19 know, take necessary action in approving the completion of 20 the fence and gate, you know, as far as it being all done and 21 completed and accepted by the Commissioners Court for the 22 county. And I don't know that it needs to be done today, or 23 if we need to get it just to make sure it's inspected. And 24 the other thing is to, you know, give direction on the 25 Friends group's request of doing additional things out there, 5-13-13 19 1 landscaping and parking and whatnot, because this Court has 2 said let's see what you want to do after we get the gate and 3 fence completed. So, that's where we're at. And I put that 4 on just to make sure that we keep making progress on these 5 issues, and -- and that we don't lose any kind of momentum. 6 COMMISSIONER MOSER: So, do we need to have a court 7 order saying proceed? 8 MR. HENNEKE: If -- yeah, with what you're 9 approving to proceed with. 10 COMMISSIONER MOSER: Yeah. Well, with the 11 background, it's suggesting proceeding with the landscaping 12 and the parking. 13 MR. HENNEKE: Yeah, if that's the direction of the 14 Commissioners Court. My only point in putting this on the 15 agenda was just to make sure that the direction of the 16 Commissioners Court was being followed, because the Court had 17 said the last time we were here, "Let's get the fence and 18 gate completed, and then let's come back and talk about 19 moving forward after that." So, we have the report from the 20 Friends group that the gate and fence is completed, so I'm 21 trying to follow y'all's direction in putting this back here 22 to -- you know, for discussion. 23 COMMISSIONER LETZ: I have two questions. One, I 24 haven't seen the proposal. At least it wasn't attached to my 25 backup, but -- it's not here. 5-13-13 20 1 JUDGE TINLEY: Didn't make it there? 2 COMMISSIONER LETZ: Didn't make it, I don't -- 3 evidently, it didn't make it there. 4 MS. GRINSTEAD: It might have been e-mailed later. 5 COMMISSIONER LETZ: And the other question I have 6 is, isn't -- doesn't Schreiner have to approve of this stuff 7 also? I mean, I'm -- I get very confused as to that. I 8 don't think we can say -- I would want to see something in 9 writing that Schreiner approves the permanent improvements. 10 The parking and landscaping is on their property, to me. 11 MS. DYKE: I can speak to that, if you -- Schreiner 12 has been thoroughly informed about everything that's going 13 on, and we do have it in writing with the signature from the 14 president. So, I'll be glad to pass that on to you. 15 JUDGE TINLEY: As I recall, the last time we 16 addressed some of these issues, we really had a tri-party 17 agreement with the County, Schreiner University, and your 18 organization. And on a go-forward basis, it would seem to me 19 that's what we need to go forward on, and a specific 20 agreement to that effect -- 21 MS. DYKE: I think all this -- 22 JUDGE TINLEY: -- which includes all three parties. 23 MS. DYKE: Right. Right. And we -- we are 24 finished with everything except the landscaping. And that -- 25 and we have funding issues with that coming up, and so just 5-13-13 21 1 as soon as we have the funding, that we're going to go 2 forward with it. So, everything else is done. 3 COMMISSIONER LETZ: Is the -- after the landscaping 4 is in, I presume our Maintenance Department is going to be 5 responsible for maintaining all -- I mean, that and the 6 parking? I mean, I would like for Maintenance to look at, I 7 mean, what we're getting -- what is going in there to make 8 sure that it's -- you know, I just -- I don't know what -- I 9 haven't seen the plan. 10 MS. DYKE: Right. Well, first of all, a written 11 report was submitted to your Court, and all of you -- on this 12 particular work. And that was done about two or three weeks 13 ago, and I think it was distributed to each of you. You 14 didn't get yours? 15 COMMISSIONER LETZ: No, I did not get it. 16 MS. DYKE: I think it was -- it was issued, so this 17 is just a follow-up discussion on that particular report. 18 MR. BOLLIER: We mow it and everything already, 19 maintain the facility. 20 COMMISSIONER LETZ: Okay. 21 JUDGE TINLEY: I think once we have an opportunity 22 to review and -- and get this tri-party agreement ready that 23 everybody can sign onto, and after Maintenance has had an 24 opportunity to review what the proposal is, -- 25 COMMISSIONER LETZ: Of course. 5-13-13 22 1 JUDGE TINLEY: -- we'll be in a position to move 2 forward, Ms. Dyke. 3 COMMISSIONER BALDWIN: I'll bring -- I'll try to 4 get all that of that back next meeting. 5 JUDGE TINLEY: Okay. 6 MS. DYKE: And these are pictures of the fence at 7 the -- before it was installed. And in 1904, there was a 8 wire -- barbed wire fence around the -- the old courthouse, 9 and then there was a wooden fence, and then in 1904 is when 10 they put up the iron fence. If you care to look at it. 11 JUDGE TINLEY: Appreciate you bringing that. 12 COMMISSIONER MOSER: I like the old courthouse 13 better. 14 COMMISSIONER LETZ: The old courthouse was in front 15 of this building, Buster said? 16 COMMISSIONER BALDWIN: This is part of it, but it 17 was -- the front of it was more out towards the street. I 18 remember that. 19 JUDGE TINLEY: Yeah, you were here. (Laughter.) 20 Okay. Has that pretty much got that one? At this time, I 21 will recess the Commissioners Court meeting, and I will 22 convene a public hearing concerning the revision plat for 23 Lots 72 and 79 KR of Falling Waters subdivision. Set forth 24 in Volume 6, Pages 300 through 306 of the Kerr County 25 records, and Lot 79 KN as set forth in Volume 2, Pages 308 5-13-13 23 1 through 311 of the Kendall County records, and located in 2 Precinct 3. 3 (The regular Commissioners Court meeting was closed at 9:24 a.m., and a public hearing was held in open 4 court, as follows:) 5 P U B L I C H E A R I N G 6 JUDGE TINLEY: Is there any member of the public or 7 the audience that wishes to be heard with respect to the 8 revision of plat for Lots 72 and 79 KR of Falling Water 9 Subdivision, as set forth in Volume 6, Pages 300 through 306 10 of the Kerr County records, and Lot 79 KN, as set forth in 11 Volume 2, Pages 308 through 311 of the Kendall County 12 records? Seeing no one coming forward, I will close the 13 public hearing concerning the revision of plat for Lots 72 14 and 79 KR of Falling Water Subdivision, as set forth in 15 Volume 6, Pages 300 through 306 of the Kerr County records, 16 and Lot 79 KN, as set forth in Volume 2, Pages 308 through 17 311 of the Kendall County records. 18 (The public hearing was concluded at 9:25 a.m., and the regular Commissioners Court meeting was 19 reopened.) 20 - - - - - - - - - - 21 JUDGE TINLEY: And I will call Item 4, which is a 22 9:05 timed item; to consider, discuss, and take appropriate 23 action for the Court's final approval concerning the revision 24 of plat for Lots 72 and 79 KR of Falling Water Subdivision as 25 set forth in Volume 6, Pages 300 through 306 of the Kerr 5-13-13 24 1 County records, and Lot 79 KN, as set forth in Volume 2, 2 Pages 308 through 311 of the Kendall County records, and 3 located in Precinct 3. Ms. Hoffer? 4 MS. HOFFER: Good morning. Leonard decided to take 5 a little time off to spend with his family, so I'm going to 6 do the agenda for him. On this particular agenda item, 7 Rodney and Martha Bishop, they own Lot 72, which is 4.259 8 acres, and 79 KR, which is 3.933 acres, and 79 KN, which is 9 .509 acres. Lot 72 and 79 KR are in Kerr County, and Lot 10 79 KN is in Kendall County. The Bishops would like to 11 combine Lots 72, 79 KR, and 79 KN into one lot totaling 8.701 12 acres. At this time, we ask the Court for final approval 13 regarding Falling Water revision of plat for Lots 72 and 14 79 KR, Volume 6, Pages 300 to 306, and Lot 79 KN, Volume 2, 15 Pages 308 to 311. 16 COMMISSIONER LETZ: Move approval. 17 COMMISSIONER BALDWIN: Second. 18 COMMISSIONER MOSER: Second. 19 JUDGE TINLEY: Motion made and seconded -- several 20 times -- for approval. Question or discussion on the motion? 21 All in favor of the motion, signify by raising your right 22 hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 5-13-13 25 1 JUDGE TINLEY: That motion does carry. At this 2 time, I will recess the Commissioners Court meeting and 3 convene a public hearing regarding the revision of plat for 4 Lots 11 and 12 of Whiskey Ridge Ranches, as set forth in 5 Volume 6, Page 229, and located in Precinct 3. 6 (The regular Commissioners Court meeting was closed at 9:28 a.m., and a public hearing was held in open 7 court, as follows:) 8 P U B L I C H E A R I N G 9 JUDGE TINLEY: Is there any member of the public or 10 audience that wishes to be heard with respect to the revision 11 of plat for Lots 11 and 12 of Whiskey Ridge Ranches, as set 12 forth in Volume 6, Page 229, and located in Precinct 3? 13 Seeing no one coming forward, I will close the public hearing 14 regarding revision of plat for Lots 11 and 12 of Whiskey 15 Ridge Ranches, as set forth in Volume 6, Page 229, and 16 located in Precinct 3. 17 (The public hearing was concluded at 9:28 a.m., and the regular Commissioners Court meeting was 18 reopened.) 19 - - - - - - - - - - 20 JUDGE TINLEY: And I will move to Item 6, a 9:15 21 timed item; consider, discuss -- I'll reconvene the 22 Commissioners Court meeting and call Item 6; consider, 23 discuss, take appropriate action for final approval regarding 24 the revision of plat for Lots 11 and 12 of Whiskey Ridge 25 Ranches, as set forth in Volume 6, Page 229, and located in 5-13-13 26 1 Precinct 3. Ms. Hoffer? 2 MS. HOFFER: If you remember on this one, we did 3 finalize on this. It was contingent on one signature, but we 4 found out that the newspaper only ran two ads, and it was 5 supposed to be three, so we had to start the process over. 6 And so here we are to refinalize on this -- this plat. So, 7 at this time, I ask the Court for their final approval 8 regarding the revision of plat for Lots 11 and 12 of Whiskey 9 Ridge Ranches found in Volume 6, Page 229, located in 10 Precinct 3. 11 COMMISSIONER LETZ: Move approval. 12 COMMISSIONER OEHLER: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval. Question or discussion on the motion? All in 15 favor of the motion, signify by raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: That motion does carry. Let's move 20 to Item 7, a 9:15 timed item; to consider, discuss, and take 21 appropriate action on resolution acknowledging General Walter 22 Schellhase and Bennie Hyde for their many years of service on 23 the Hill Country Veterans Council Board. Colonel Marsh? 24 COMMISSIONER MOSER: I think she left. Maybe she's 25 out in the hall. 5-13-13 27 1 JUDGE TINLEY: She may be. 2 COL. MARSH: I thought we -- 3 JUDGE TINLEY: Got things going a little faster 4 than you anticipated, huh? 5 COL. MARSH: That's for sure. Good morning, 6 gentlemen. I'm Colonel Vicki Marsh, U.S. Marine Corps, 7 Retired. I'm here on behalf of the Hill Country Veterans 8 Council, newly elected president, and I stepped up to serve 9 when Bill Bacon volunteered to serve as vice president. And 10 others who were present earlier pledged their support, and 11 they are delivering, I'm proud to say. The difference 12 between the Alliance and the Council is that the Hill Country 13 Veterans Council exists solely to maintain and expand 14 services of the Kerrville V.A. Hospital, and we're grateful 15 that General Schellhase has agreed to remain on as a board 16 member. But I'm here today on behalf of the Council to ask 17 your approval on two resolutions honoring our former 18 president, General Walter Schellhase, and his vice president, 19 Bennie Hyde. Each served as board members, then as officers, 20 for nearly 20 years on the Council. And with your 21 permission, I would like to read these resolutions into the 22 record. 23 Resolution in appreciation of Brigadier General 24 Walter Schellhase and his service to the Hill Country 25 Veterans Council. Whereas, Brigadier General Walter 5-13-13 28 1 Schellhase, U.S. Army, Retired, has completed the better part 2 of two decades as an officer and member of the Board of 3 Directors of the Hill Country Veterans Council; and whereas, 4 his most recent efforts on behalf of the nearly 20,000 former 5 U.S. servicemen and women in the Hill Country have been as 6 president of the Veterans Council; and whereas, he has given 7 unceasingly and unselfishly of his time to the Council's 8 ongoing efforts to preserve vital medical services at the 9 Kerrville facility of the United States Department of 10 Veterans Affairs; and whereas, those endeavors have involved 11 repeated trips to San Antonio, Austin, and Washington, as 12 well as many meetings in Kerrville to explain and emphasize 13 the needs of veterans of military service to officials of the 14 Department of Veterans Affairs, members of Congress, state 15 officials and other concerned parties; and whereas, the 16 ongoing work of the Hill Country Veterans Council and the 17 former servicemen and women whom it serves will benefit 18 greatly from the long and devoted work of General Schellhase; 19 whereas, General Schellhase is a Kerr County native who has 20 been recognized by the Kerrville Area Chamber of Commerce as 21 Citizen of the Year, and has served in leadership positions 22 in the Upper Guadalupe River Authority, Economic Improvement 23 Corporation, Downtown Business Association, Kerr County 24 Historic Commission, the holiday lighting project, and the 25 Boy Scouts. Now, therefore, be it resolved that the 5-13-13 29 1 Commissioners Court of Kerr County, Texas, express their deep 2 and unanimous appreciation for the many years of service by 3 this distinguished and patriotic gentleman. Adopted in 4 Kerrville, Texas, on this 13th day of May in this, the 237th 5 year of the independence of the United States of America, and 6 the 2013th year of our Lord. 7 Resolution in appreciation of Bennie Hyde and his 8 service to the Hill Country Veterans Council. Whereas, 9 Bennie Hyde is a noted member of a long-established family in 10 Kerr County and the Hill Country of Texas; and whereas, 11 retired Air Force Senior Master Sergeant Bennie Hyde was 12 among the organizers of the Hill Country Veterans Council 13 nearly two decades ago; and whereas, Sergeant Hyde has served 14 faithfully as a director, and most recently as vice president 15 of the Veterans Council, in support of the nearly 20,000 16 former servicemen and women in the Hill Country; and whereas, 17 his efforts included coordinating a petition drive that 18 gathered approximately 10,000 signatures in support of the 19 Kerrville facility of the U.S. Department of Veterans 20 Affairs; and whereas, Sergeant Hyde's work on behalf of the 21 of former service women was instrumental in the formation of 22 the Women Veterans Coalition of Women in the Hill Country; 23 and whereas, he stepped in without hesitation to speak on 24 behalf of the Veterans Council when Retired General Walter 25 Schellhase was unable to do so because of unavoidable 5-13-13 30 1 conflicts; and whereas, Sergeant Hyde has maintained close 2 and important contacts with employees at the Kerrville V.A. 3 facility, assuring them of the full support of the Veterans 4 Council and of its determination to continue its firm 5 opposition to reductions in personnel and services of that 6 historic hospital; and whereas, family commitments have 7 forced Sergeant Hyde to step down as vice president and a 8 member of the Board of Directors of the Hill Country Veterans 9 Council. Now, therefore, be it resolved that the 10 Commissioners Court of Kerr County, Texas, hereby express 11 their unanimous appreciation for his unceasing work on behalf 12 of those men and women who have defended our nation, and wish 13 him all success and great pleasure in his retirement. 14 Adopted in Kerrville, Texas, on this 13th day of May, and in 15 the 237th year of the independence of the United States, and 16 the year of our Lord 2013. Thank you, gentlemen. 17 JUDGE TINLEY: Thank you, Colonel. 18 COMMISSIONER LETZ: I move approval of both 19 resolutions. 20 COMMISSIONER MOSER: Second. 21 JUDGE TINLEY: Motion made and seconded for the 22 adoption of both resolutions. Question or discussion on the 23 motion? 24 COMMISSIONER LETZ: I'll make a comment. I mean, I 25 think it is -- I appreciate you putting these resolutions 5-13-13 31 1 together, 'cause there are no two individuals who deserve 2 more accolades for what they've done for the veterans 3 community in Kerr County. They have done an incredible 4 amount of work, and it's really appreciated by this Court. 5 COL. MARSH: Thank you so much. 6 COMMISSIONER BALDWIN: Hear, hear. 7 JUDGE TINLEY: Further question or discussion? All 8 in favor of the motion, signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: The motion does carry. Thank you 13 very much, Colonel. Let's go to a 9:20 timed item, to 14 consider, discuss, and take -- Item 8; consider, discuss take 15 appropriate action to accept the preliminary revision of plat 16 for Lots 17-B and 18-A of Cypress Springs Estates, Phase I, 17 and set a public hearing in the matter, as set forth in 18 Volume 7, Page 126, and located in Precinct 4. Ms. Hoffer? 19 MS. HOFFER: Andrew and Kristin Phillips own Lot 20 17-B and 18-A in Cypress Springs Estates. The Phillips would 21 like to combine both Lot 17-B and 18-A to make Lot 18-R. So, 22 at this time, we ask the Court to accept the preliminary 23 revision of plat for Lot 17-B and 18-A, Volume 7, Page 126, 24 and set a public hearing for June 24th at 9 a.m. 25 COMMISSIONER OEHLER: Move approval. 5-13-13 32 1 COMMISSIONER BALDWIN: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval of the agenda item and set a public hearing on the 4 matter on June 24, 2013, at 9 a.m. Question or discussion on 5 the motion? 6 COMMISSIONER BALDWIN: I have a question. Is this 7 -- do you have a total of the acreage after you combine them? 8 COMMISSIONER OEHLER: Yeah, it's -- 9 COMMISSIONER LETZ: 3.22. 10 COMMISSIONER BALDWIN: 3.22. 11 MS. HOFFER: Yes. 12 COMMISSIONER BALDWIN: Thank you. 13 JUDGE TINLEY: Further question or discussion on 14 the motion? All in favor of the motion, signify by raising 15 your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: The motion does carry. Let's move 20 to a 9:25 timed item, Item 9; consider, discuss, take 21 appropriate action to accept the preliminary revision of plat 22 and set a public hearing for Lots 11 and one-half portion of 23 Lot 12 of Wood Ridge Estates, set forth in Volume 4, Page 24 175, and located in Precinct 2. Ms. Hoffer? 25 MS. HOFFER: John and Gail Podhaisky own Lots 11 5-13-13 33 1 and one-half of the east portion of Lot 12. The Podhaiskys 2 would like to combine both of these lots. The location of 3 this property falls within the city of Kerrville's ETJ, so 4 the language on the plat is for city purposes. So at this 5 time, we ask the Court to accept the preliminary revision of 6 plat for Lots 11 and one-half portion of Lot 12 found in 7 Volume 4, Page 175, and set a public hearing for June 24th at 8 9:10 a.m. 9 COMMISSIONER MOSER: So moved. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE TINLEY: Motion made and seconded. Question 12 or discussion on the motion? All in favor of the motion, 13 signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: The motion does carry. 18 MS. HOFFER: Thank you. 19 JUDGE TINLEY: Let's go to our 9:30 timed item, 20 Item 13; to consider, discuss, take appropriate action on 21 proclamation declaring May 13, 2013, through May 19th, 2013, 22 as National Salvation Army Week. We've got some Salvation 23 Army reps here today, and I'll ask them to come forward. 24 Good morning, sir. 25 CAPT. JACKSON: Good morning. 5-13-13 34 1 COMMISSIONER OEHLER: Morning. 2 JUDGE TINLEY: You're Captain Jackson? 3 CAPT. JACKSON: Yes, sir. 4 JUDGE TINLEY: All right. Tell us what this is all 5 about, sir. 6 CAPT. JACKSON: Well, National Salvation Army Week 7 is an annual event to bring awareness to the work of the 8 Salvation Army in local communities, and just to keep people 9 aware of what we're doing going into the summer, which is one 10 of our busiest and most necessary times for the services that 11 we offer. And so it was moved from November several years 12 ago so that it precedes the summer, when our need for 13 supplies to stock the food pantry and money to help families 14 with utility assistance and other items increases. And so 15 we've asked you to share this proclamation this week. We 16 have several events planned in town to raise awareness, and 17 inviting people out to see our facilities and our property 18 and learn more about what the Salvation Army does, and find 19 out about ways they can help. 20 JUDGE TINLEY: And tell us who else you have with 21 you here today. 22 CAPT. JACKSON: I've got Frank Dunlap with me, the 23 manager and Executive Director of the Kroc Center, and Fred 24 Pentz, who is our key lay leader, the core Sergeant Major for 25 the church portion of the Salvation Army. 5-13-13 35 1 JUDGE TINLEY: And remind the folks here about the 2 Kroc Center. I believe it was originally designated as one 3 of 27, I believe, in the entire country? 4 CAPT. JACKSON: It was one -- 5 JUDGE TINLEY: This was the smallest community to 6 be designated for a Kroc Center. 7 CAPT. JACKSON: That's right. 8 JUDGE TINLEY: And one of the earliest to be built, 9 as a matter of fact. 10 CAPT. JACKSON: That's right. It was the first one 11 fully functioning, correct, Kroc Center to be opened in the 12 southern territory in 2010. It is one of the smallest, at 13 48,000 square feet, and one of the smaller communities, with 14 a population of 22,000. But this is a wonderful community 15 who supports the Kroc Center and the work of the Salvation 16 Army, and so the center is doing very well. The center is 17 funded primarily by an endowment from the Kroc -- Ray and 18 Joan Kroc family, who were the founders of McDonald's. They 19 left in 2004 a $1.8 billion gift to the Salvation Army to 20 develop these centers, and Kerrville was chosen as the only 21 site in Texas that could raise money for and support the 22 operations of one of the centers. And so the remaining 23 portion of the center is funded by memberships and events, 24 event rentals and parties that take place at the location, 25 and that funds the programs that we do with the Salvation 5-13-13 36 1 Army Boys and Girls Club as well, to help educate and provide 2 opportunities for young people to explore their full 3 potential in life. 4 JUDGE TINLEY: And I don't want to create a big 5 rush of everybody leaving the room here, but I believe you've 6 got -- do you call that a canteen wagon, or -- 7 CAPT. JACKSON: We do have our mobile disaster 8 canteen; it's parked outside. We've been there since 9 8 o'clock. We'll there be till just after 10:00 serving 10 coffee and doughnuts to show our appreciation to people out 11 in the community for their support throughout the years. And 12 with your permission -- 13 JUDGE TINLEY: Lock the back door, if you would, 14 please, to keep the folks in here. (Laughter.) 15 CAPT. JACKSON: That's right. We've got quite a 16 few left, and with your permission, sir, at the end, we'd 17 like to just bring them in and put them inside so that your 18 staff is able to take advantage of the opportunity. 19 JUDGE TINLEY: You probably won't get any -- any 20 objection if you do that. 21 COMMISSIONER MOSER: I'll add one thing about the 22 Kroc Center. I go out there and leave a lot of sweat every 23 week. That facility is fantastic. 24 COMMISSIONER BALDWIN: It truly is. 25 COMMISSIONER MOSER: There's a continuous stream of 5-13-13 37 1 people in and out. Not only did they design it and build it 2 and get it there; it's fully utilized all the time. It's -- 3 it's absolutely a fantastic asset -- 4 CAPT. JACKSON: It is. 5 COMMISSIONER MOSER: -- to the -- to the community, 6 and it's extremely well run. 7 CAPT. JACKSON: It is well run. The average day, 8 we see between 500 and 600 people in the off-season, the 9 winter months, and, you know, this time of year it goes up to 10 about 1,200 people a day, once the pools are open. And that 11 doesn't include the 130 children every day in the 12 after-school program during the school year, and 150 every 13 day in the summer day camp program. And so Frank does a 14 great job of managing the property and the staff. And, in 15 fact, unfortunately, we're losing Frank at the end of next 16 month; he's retiring, so we're looking for someone to come in 17 and pick up where he left off and take us forward. And so 18 Frank gets the credit for how well this center is run, 19 because he manages the staff on a daily basis. 20 COMMISSIONER MOSER: Thank you. 21 CAPT. JACKSON: Thank you. 22 COMMISSIONER LETZ: Thank you very much. 23 JUDGE TINLEY: Do I hear a motion for adoption of 24 the resolution? 25 COMMISSIONER BALDWIN: So moved. 5-13-13 38 1 COMMISSIONER MOSER: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 adoption of the resolution. Question or discussion on that 4 motion? All in favor, signify by raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: The motion carries. Thank you very 9 much. We appreciate all that you do here in the community. 10 And, Frank, this is -- you're going to finally retire? 11 MR. DUNLAP: Well, I'm going to retire again. 12 JUDGE TINLEY: I see. That's what I was talking 13 about. This is -- this is the second or the third time? 14 MR. DUNLAP: This is the third time. 15 JUDGE TINLEY: Okay. Thank you for all that you 16 do. 17 CAPT. JACKSON: Yes, and thank you. 18 MR. DUNLAP: Thank you. 19 JUDGE TINLEY: Let's move to our 9:45 timed item -- 20 we're right on time, see? -- to Item 15; to consider, 21 discuss, and take appropriate action regarding proposal from 22 Peter Lewis for Phase 2, Hill Country Youth Event Center. 23 Commissioner Oehler? 24 COMMISSIONER OEHLER: Well, we talked about this 25 last meeting, I believe, and so I felt like it was necessary 5-13-13 39 1 to put this on the agenda for discussion, and hopefully 2 approval of his fees and proposal to do Phase 2 of the Event 3 Center project. So, Peter? 4 MR. LEWIS: Good morning, Judge, Commissioners. 5 You -- everybody have a copy of this proposal in front of 6 them? 7 COMMISSIONER BALDWIN: I do not, but I assume that 8 it's the last -- is it the same as the last -- 9 MR. LEWIS: It is not. 10 COMMISSIONER MOSER: It is not. 11 MR. LEWIS: It is not. We are -- 12 COMMISSIONER BALDWIN: Get some security in here. 13 I can't put up with this. 14 COMMISSIONER MOSER: I haven't seen it. 15 MR. LEWIS: I sent one last week. Do you want to 16 make copies? What the proposal that you will see in front of 17 you shortly will detail is a single-phase project. When we 18 had talked about it, I guess, last December, we looked at the 19 idea of possibly doing it in two phases, as a shell and as a 20 finish-out. And over the course of the last several months, 21 in discussions with Commissioners Oehler and Letz and the 22 Judge, we were asked to submit a proposal to do it in a 23 single phase. The project -- the -- the scope of the project 24 has changed a little bit since that time as well, and we 25 presented that floor plan concept at the last Commissioners 5-13-13 40 1 Court meeting to detail that. We have -- in the meantime, 2 had solicited proposals from our consultant -- structural 3 consultant, Jim Maxwell, who did the foundation design for 4 the show barn and civil work there as well, and from E.S.A. 5 out of San Antonio, who also did the work on the show barn. 6 We have a 20-, 25-year relationship with them. I've also 7 engaged a kitchen planning consultant to help us with the 8 design of this catering kitchen to make sure that it meets 9 the needs that we have represented that it will meet, and in 10 the original schemes we had a single catering kitchen for 11 each side. We had two sides to the -- to the project's two 12 large meeting areas. In the course of the revisions -- 13 subsequent revisions, we actually now have the capability of 14 having five meeting rooms inside this new event center, and 15 three small meeting rooms capable of accommodating 60 to 70 16 people seated, and then two larger ones that can 17 accommodate -- the smaller of the two can accommodate up to 18 500 people seated, and the larger up to 700. So -- and they 19 are separated by an accordion or a folding wall, and would -- 20 when that wall is not in place, would have the capacity to 21 seat 1,200 people in banquet type seating. 22 COMMISSIONER BALDWIN: Peter, let me ask you a 23 question at this point. Are you saying that -- seems like to 24 me that in the beginning, you said that there were two -- two 25 kitchens -- 5-13-13 41 1 MR. LEWIS: Yes. 2 COMMISSIONER BALDWIN: -- in the original design. 3 Did you go down to one? 4 MR. LEWIS: We're going down to one. 5 COMMISSIONER BALDWIN: Going down to one? 6 MR. LEWIS: It will actually be located inside the 7 show barn. 8 COMMISSIONER BALDWIN: And I'm assuming that we 9 decided that this one kitchen would be able to serve that 10 entire picture that you just drew? 11 MR. LEWIS: That is -- that is what we are 12 presenting, and that is why we have engaged a kitchen 13 planning consultant, and actually have been in conversation 14 with them and given him the scope. He understands the goals 15 for that single catering kitchen, that there may be competing 16 or collaborating caterers at -- you know, if there are 17 multiple events going on. It also serves as a concession 18 area to support the show barn. 19 COMMISSIONER BALDWIN: Okay. 20 MR. LEWIS: And what we did in the footprint area 21 that was occupied by the catering on either side, we've 22 actually turned all of that into storage. When we had a 23 workshop here at Commissioners Court some months ago, a 24 couple things we heard were a single catering kitchen would 25 be desirable, the capacity to have different-sized large or 5-13-13 42 1 small groups, which we think that this plan addresses, and 2 increase the amount of storage, 'cause there was never enough 3 at grade storage for tables, chairs, and other things to 4 support the activities that go on in the event center. 5 COMMISSIONER MOSER: Was the storage primarily for 6 tables and chairs and that kind of thing? What else was it 7 for? 8 MR. LEWIS: Well, it was a request for a variety of 9 things, but primarily tables and chairs. We'll have banquet 10 -- banquet tables, round tables, rectangular tables, and 11 stacking chairs. But when we finished the show barn, it was 12 -- the observation was made that there -- that we really 13 could use more storage to support the activities in there as 14 well. 15 COMMISSIONER MOSER: Does this -- what you've 16 looked at here, is this the same square footage as the 17 existing -- 18 MR. LEWIS: It is larger than the existing. 19 COMMISSIONER MOSER: What's the -- 20 MR. LEWIS: The square footage in -- in total, 21 which includes the area that is currently -- separates the 22 exhibit hall and the indoor arena, we will be demolishing 23 that, so inclusive of that and the catering kitchen, it's 24 around 33,000 square feet. 25 COMMISSIONER MOSER: Say again? 5-13-13 43 1 MR. LEWIS: 33,000 square feet. 2 COMMISSIONER MOSER: So, it goes from what to what? 3 MR. LEWIS: The -- 4 COMMISSIONER OEHLER: 28 to 33, but part of it's 5 existing. It's just a matter that we -- instead of leaving 6 restrooms and the existing concession stands and the upstairs 7 offices, that's all going to come down, because it's just -- 8 it has some problems in there with -- termites is one of 9 them. And we've always had an issue with the roof leaking. 10 This way, it will get all the -- the roof will match up like 11 it's supposed to, and we'll eliminate that problem with all 12 the leaks we've had over the years. 13 COMMISSIONER MOSER: Has there been anything done 14 quantitatively to look at renovating -- 15 COMMISSIONER OEHLER: Years ago. 16 COMMISSIONER MOSER: -- what exists, as opposed to 17 building a new facility? 18 MR. LEWIS: Not in -- not as part of the scope of 19 our work here. There -- there has been work done in the past 20 to look at renovating it. When we -- back in 2008, when we 21 published a master plan for the overall campus, it was 22 considered, and we actually were looking at a 35,000 square 23 foot event center at that time. 24 COMMISSIONER MOSER: But in light of, quote, new 25 requirements or new desires, there hasn't been anything 5-13-13 44 1 looked at taking the existing facility and renovating it? 2 MR. LEWIS: No, sir. 3 COMMISSIONER MOSER: Since it's approximately the 4 same square footage? 5 MR. LEWIS: It is a smaller footprint. Tim, do you 6 know off the top -- I apologize -- off the top of your head, 7 how large the exhibit hall is now? 8 COMMISSIONER LETZ: 13,000. 9 MR. BOLLIER: 13,000. 10 JUDGE TINLEY: It's much smaller. Much smaller. 11 COMMISSIONER MOSER: Well, I'm confused, then. 12 What's -- we're going from -- we're going from the square 13 footage existing today to how much? 14 MR. LEWIS: To 33,000. 15 COMMISSIONER MOSER: But from what to what? 16 MR. LEWIS: 13,000, plus the space in between. 17 MR. BOLLIER: Twenty. 18 COMMISSIONER MOSER: So -- but the space in between 19 is how much? 20 MR. LEWIS: Yeah. 21 COMMISSIONER MOSER: 'Cause I thought what you said 22 a while ago is you're increasing 5,000 square feet, from 23 28,000 to 33,000. 24 MR. LEWIS: Well, that we had -- the 28,000 to 25 33,000 was from the previous plan for this footprint, which 5-13-13 45 1 was not the -- it was not square footage of the existing 2 exhibit hall. That was when we began this process, actually 3 a couple years ago now, the original concept was -- 4 COMMISSIONER MOSER: Okay, I see. 5 MR. LEWIS: So I'm -- 6 COMMISSIONER MOSER: So, it was a 28,000 -- 7 MR. LEWIS: Yes, sir. 8 COMMISSIONER MOSER: This is an additional 5,000 9 beyond that other concept? 10 MR. LEWIS: Yes, sir. 11 COMMISSIONER MOSER: Okay, got you. 12 COMMISSIONER LETZ: And most, or a good part of 13 that 5,000 is -- there's a -- originally, the way it was 14 built, you had the original -- the current exhibit hall that 15 we're looking at that I recommend demolishing. Then we built 16 an arena next to it. To add office space and things, the 17 volunteers that were doing it at the time pretty much welded 18 things, structure or supports from one building to the other, 19 creating a covered area in between, and that's where the 20 bathrooms, offices and upstairs area, all that was built. 21 And it's never -- if you look at the construction of it, it's 22 kind of -- it doesn't meet any kind of codes. It was just 23 done, and it's just -- it's a problem. And I think I was 24 probably the bigger -- biggest push on that. If we're going 25 to redo all of this or build new, let's get rid of that area 5-13-13 46 1 in the middle as well and be done with it, because it's a 2 problem. That upstairs area, if we keep it and do all the 3 renovation, we're going to have to worry about A.D.A., 4 elevator. That didn't make sense to me to do all of that. I 5 don't think that the upstairs is actually necessary. I know 6 there's a reason for it, but I think it could be, you know, 7 better utilized by us getting rid of that space and giving 8 the -- more office space on the first floor for the Stock 9 Show Association and others. That's kind of how that 10 additional 5,000, I think, got added, is largely for that 11 area. 12 MR. LEWIS: That, and we pushed out towards the 13 west a little bit, too, to pick up some extra square footage 14 on the event hall floor itself. 15 COMMISSIONER BALDWIN: Can I ask a question? 16 JUDGE TINLEY: A lot of that was storage space that 17 was added, too. 18 MR. LEWIS: Storage, restrooms. We have restrooms 19 to support both sides. 20 COMMISSIONER BALDWIN: That office space upstairs 21 that we're going to eliminate, that seems to me that that may 22 be the -- looks like the most important part of the entire 23 thing, because you -- every time I go up there, they have the 24 computer stations, and seems like there's a lot of 25 recordkeeping and stuff and things going on up there that are 5-13-13 47 1 important. Don't -- don't you need that? 2 COMMISSIONER OEHLER: They can use it downstairs. 3 You know, build a lower level to be A.D.A. compliant. 4 COMMISSIONER BALDWIN: I understand that, but will 5 there be a room just like that one? 6 COMMISSIONER OEHLER: Well, similar. It will be 7 space for them to use. 8 COMMISSIONER BALDWIN: Yeah. 9 COMMISSIONER MOSER: Who are the offices for? 10 COMMISSIONER LETZ: It was originally put up for 11 Mr. Brinkman and Mr. Shelton to use as an entertaining area. 12 COMMISSIONER MOSER: But who are the offices for 13 now? 14 COMMISSIONER LETZ: Stock Show Association. 15 COMMISSIONER OEHLER: Stock Show and for 16 Maintenance. 17 COMMISSIONER LETZ: And storage, maintenance and 18 stuff. 19 COMMISSIONER OEHLER: Maintenance has to have 20 space. 21 COMMISSIONER LETZ: There's a -- a whole back room 22 that I guess you'll have a lot of stuff stored back in there, 23 in the back room. Stock Show Association probably -- 24 MR. LEWIS: And we are providing some -- there's 25 some storage needs, but providing office space on the ground 5-13-13 48 1 floor as part of this. 2 COMMISSIONER MOSER: But this is an office for 3 Stock Show Association? 4 MR. LEWIS: It will be used by Stock Show 5 Association, and -- 6 COMMISSIONER OEHLER: Anybody else. 7 COMMISSIONER LETZ: It's not exclusive to them. 8 It's not -- 9 COMMISSIONER MOSER: I'm just trying to understand 10 who it's for. 11 COMMISSIONER LETZ: It's not -- it's -- well, it's 12 office space that was originally built for entertaining and 13 things of that nature for Mr. Brinkman and Mr. Shelton, and 14 then it is being used during the stock show by the Stock Show 15 Association as kind of where they -- their hub. And during 16 the rest of the year, I mean, just for meetings and -- 17 MR. BAUER: If I can address that, Commissioner, we 18 just use the office space upstairs during the show period. 19 All of our computers and everything were removed the rest of 20 the year from there. We take everything out. 21 COMMISSIONER MOSER: So, it's just used one time a 22 year? 23 MR. BAUER: We just use it during the stock show. 24 That's our recordkeeping, our auction headquarters and 25 everything. We also use the downstairs office, part of the 5-13-13 49 1 Maintenance offices for collection for the sale that night, 2 where people can pay out when they've completed the sales and 3 so forth during the night. 4 COMMISSIONER MOSER: Okay. 5 MR. BAUER: The rooms that they've designed and so 6 forth will adequately meet our needs for that period of time, 7 because we remove those computers. We put them into storage, 8 we bring them back up, set everything up. You know, we're 9 hard-wired and use WiFi as well, so that will adequately meet 10 our needs there. And we, -- 11 COMMISSIONER MOSER: Okay. 12 MR. BAUER: -- I guess, give them our blessing 13 towards that part of it. That's fine. 14 COMMISSIONER MOSER: Okay. 15 MR. BAUER: So I hope that cleared that up. 16 COMMISSIONER LETZ: Roy had a question, Judge. 17 MR. WALSTON: We also use the upstairs office from 18 basically 1st of February till about June for our wool 19 judging teams. We use that every week for wool judging 20 practice. We have all our fleeces up there that we practice 21 with. 22 COMMISSIONER OEHLER: You can do it downstairs now 23 in those other rooms. 24 MR. WALSTON: If that's all right with y'all, it 25 doesn't matter to me. 5-13-13 50 1 MR. BOLLIER: You can have that whole front area up 2 there. 3 COMMISSIONER OEHLER: You can have whatever you 4 want. 5 MR. WALSTON: It doesn't matter. I just -- we do 6 use it. 7 COMMISSIONER LETZ: Right. 8 COMMISSIONER MOSER: Well, I want to say one more 9 time, this will be the third time, I still see no 10 justification -- "justification," I'll emphasize that word -- 11 for a new facility. We haven't looked at renovating what we 12 have. There's a difference between the primary users of the 13 facility, the 4-H and archery -- BB gun would just as soon be 14 out at the shooting center. The stock show people certainly 15 use it for their events at the Stock Show Association meeting 16 once a year. Roy uses it for -- for meetings. He needs 17 multiple rooms, and I think -- and I don't know that the 18 existing facility's not large enough for that. Convention 19 and Visitors Bureau says that if they -- it should be 20 carpeted if it's going to be used for any kind of large 21 banquet or gathering, and it's too far from the hotels. So, 22 I would really encourage this Court to consider if there's 23 not a less expensive way to do this by renovating what's 24 there, as opposed to building a new facility. 25 COMMISSIONER LETZ: Only thing -- Commissioner, I 5-13-13 51 1 would like to make one comment on that. I believe the 2 Convention and Visitors Bureau sent us a resolution in 3 support of this, and they recommended as an option carpeting 4 as part of it, but I believe it was -- you were the one that 5 said about the hotels; I don't believe it was them. 6 COMMISSIONER MOSER: They did. Buster and I met 7 with them. 8 COMMISSIONER LETZ: We have their resolution of 9 support of us doing this. 10 COMMISSIONER BALDWIN: No sabe Ingles. 11 COMMISSIONER MOSER: Okay. Well, we know where the 12 hotels are; we know where it is, so we don't have to argue 13 about that. 14 COMMISSIONER OEHLER: That's everywhere you go, 15 unless it's a built-in with a convention center and a hotel. 16 That's not uncommon. And for conventions or anybody else, 17 that's doesn't hold water. It's not but 3 -- 2 miles; 18 doesn't make any difference. 19 COMMISSIONER MOSER: That's what they said. 20 COMMISSIONER OEHLER: That's your opinion. I made 21 mine. 22 COMMISSIONER MOSER: There we go. 23 COMMISSIONER OEHLER: I move approval of the 24 proposal by Peter Lewis to move forward with Phase 2. 25 COMMISSIONER LETZ: Second. 5-13-13 52 1 JUDGE TINLEY: Motion made and seconded for 2 approval of the agenda item to engage Mr. Lewis under his 3 proposal. Question or discussion on the motion? 4 COMMISSIONER LETZ: Question on the -- just on the 5 fee structure. This is a -- I didn't calculate what you're 6 estimating the percentage. Is this is kind of a standard -- 7 what, 7, 8, 10? 8 COMMISSIONER OEHLER: It's less. 9 MR. LEWIS: It's much less than that. It actually 10 comes out -- based on the budget, comes out to about 4.7 11 percent. 12 COMMISSIONER LETZ: 4.7 percent? 13 MR. LEWIS: And our typical fee schedule would be 14 in the range of 6 to 8. Much of the public work we do can 15 get into the 10 percent range. And this -- some of the 16 discount is that we have spent time doing a conceptual plan 17 development, and we don't need to go back and revisit that, 18 but it's also -- we've tried to present an aggressive fee 19 schedule for the second phase. 20 COMMISSIONER LETZ: Judge, let's go vote before he 21 changes his mind. 22 COMMISSIONER MOSER: One more question. In moving 23 forward with this, the Stock Show Association was supposed to 24 have $500,000. Status of that? 25 MR. BAUER: We're still raising funds. More and 5-13-13 53 1 more have come in. Just -- we're coming up with new ways to 2 try to run apply for new grants and applications. 3 COMMISSIONER MOSER: So -- so the plan is, if this 4 is approved, for you to move forward with the details, the 5 bid package and so forth, then bring it back with bids? 6 MR. LEWIS: Well, we would bring it back and 7 present it, and then -- 8 COMMISSIONER MOSER: With the bid package? 9 MR. LEWIS: Well, we will have a bid package. 10 COMMISSIONER MOSER: Yeah, I got you. 11 MR. LEWIS: Yes. And then, if it is the will of 12 the Commissioners at that time, we'll put it out for 13 competitive bids and see what the marketplace says about it. 14 COMMISSIONER MOSER: Okay. 15 JUDGE TINLEY: Further question or discussion on 16 the motion? All in favor of the motion, signify by raising 17 your right hand. 18 (Commissioners Baldwin, Letz, and Oehler voted in favor of the motion.) 19 JUDGE TINLEY: All opposed, same sign. 20 (Commissioner Moser voted against the motion.) 21 22 JUDGE TINLEY: Motion carries. Thank you, sir. 23 MR. LEWIS: Thank you. 24 JUDGE TINLEY: We have a 9:45 timed item, Item 16; 25 consider, discuss, and take appropriate action to ratify and 5-13-13 54 1 confirm change proposals for work done on the 198th District 2 Attorney's Office located at the Sheriff's Office Annex, 3 Change Proposal 1 being for concrete work, Proposal 3 for 4 full heighth walls, Change Proposal 4 to delete a door, 5 Proposal 5 for sprinkler heads, and Proposal 7 for cabling. 6 I put this on the agenda. The 198th D.A.'s office has 7 requested these changes to the contract. They, of course, 8 are going to be responsible for the costs incurred with the 9 same, and it's sought -- they're seeking approval. 10 Let me go ahead and call Item 17; to consider, 11 discuss, take appropriate action to approve, ratify, and 12 confirm Contract Change Order 1 and approve payment for the 13 Application and Certification for Payment for work completed 14 at the 198th District Attorney's Office located at the 15 Sheriff's Office Annex. That certification for payment 16 includes these changes, as well as work done to-date. With 17 regard to the change orders, in order to avoid the project 18 being delayed and extended another approximately 20 days, as 19 I recall, I have approved those at the request of the 198th 20 District Attorney's Office, inasmuch as this is their 21 construction that they're doing for our benefit, ultimately, 22 and they're paying for it, to avoid that. So, I'm asking the 23 Court, under Item 16, to ratify and confirm these change 24 proposals, and to approve the Application and Certification 25 for Payment for those changes, as well as the work done 5-13-13 55 1 to-date. 2 COMMISSIONER MOSER: So moved. 3 COMMISSIONER LETZ: Second. 4 JUDGE TINLEY: As to both? 5 COMMISSIONER MOSER: Both. 6 JUDGE TINLEY: Both items? 7 COMMISSIONER MOSER: Both items. 8 COMMISSIONER LETZ: Yes. 9 JUDGE TINLEY: We have a motion and second for 10 approval as to both 16 and 17. Question or discussion? All 11 in favor, signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: The motion does carry. We have a 16 10 o'clock item, to -- Item 18; to consider, discuss, take 17 appropriate action regarding the use of Flat Rock Park for 18 the Guadalupe River Parade on August the 17th, 2013. 19 Commissioner Moser? 20 COMMISSIONER MOSER: Mr. Willis -- this is 21 Mr. Willis -- is here. I'm going to yield to him and let him 22 explain what's being proposed. 23 MR. WILLIS: This is the 11th year of the Guadalupe 24 River Parade. 25 COMMISSIONER MOSER: Okay. 5-13-13 56 1 MR. WILLIS: By the way, good morning, everybody. 2 COMMISSIONER OEHLER: Morning. 3 COMMISSIONER MOSER: Good morning. 4 MR. WILLIS: This is the 11th year to do the 5 Guadalupe River Parade. It's one of those things you can't 6 stop doing once you get it started, you know. So, what we're 7 proposing is to do, the parade is on August the 17th, of 8 course. That's the third Saturday in August, as normal. 9 And, of course, I think that day is open; we did check on 10 that, I believe. So, it's really just up to you guys whether 11 we can use the park again. And, of course, I want y'all to 12 come and enjoy the river that day, and hopefully you won't 13 get your boots wet that day, Your Honor. 14 COMMISSIONER MOSER: Did you get them ruined? 15 MR. WILLIS: Yeah, we got wet. 16 JUDGE TINLEY: Oh, yeah. 17 MR. WILLIS: I was concerned we needed to take care 18 of that. 19 JUDGE TINLEY: Oh, no. Just -- 20 MR. WILLIS: But, anyway, that's our fundraiser, 21 you know, every year that we do for Clear River Advocates, 22 and we'd appreciate it if we could use the park that day, and 23 if you guys would come out and enjoy yourselves with us that 24 day as well. 25 COMMISSIONER LETZ: And it will be under the same 5-13-13 57 1 agreement as we've done in the past? 2 MR. WILLIS: Absolutely. We clean up -- you know, 3 of course, we clean up after we leave. There's no doubt 4 about that. 5 MR. HENNEKE: We haven't had one in the past. It's 6 not closing the park, and there haven't been any items -- you 7 know, facilities provided. We can, but we haven't in years 8 past. 9 COMMISSIONER LETZ: Do we need to? If we don't 10 need it -- 11 MR. HENNEKE: It's kind of one of those things. 12 It's just allowing them and anybody else that comes to the 13 park to use it. 14 COMMISSIONER LETZ: Right. 15 COMMISSIONER MOSER: I move that we accept the 16 recommendation to use Flat Rock Park for the Guadalupe River 17 Parade August the 17th. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded. Question 20 or discussion? All in favor, signify by raising your right 21 hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: Motion does carry. Thank you, Mr. 5-13-13 58 1 Willis. 2 MR. WILLIS: Well, thank you. And I hope -- 3 JUDGE TINLEY: As always, we appreciate your work 4 to keep the river clean. That is the main objective of your 5 organization. 6 MR. WILLIS: Yeah, we're just trash pickers. 7 COMMISSIONER MOSER: Trash pickers. 8 MR. WILLIS: Thanks a lot, guys. Y'all have a good 9 morning. 10 COMMISSIONER OEHLER: Thank you. 11 JUDGE TINLEY: Let's go to Item 10; to consider, 12 discuss, take appropriate action on review of county job 13 description/classification study, organizational structure, 14 and salary and benefits survey, accept and award proposals. 15 Commissioner Letz? 16 COMMISSIONER LETZ: Yes, I put this on the agenda. 17 We've discussed it, I think, a couple of times, and I know 18 the last time we had our H.R. Director to go out and get 19 proposals, which we have received two from -- one from Waters 20 Group and one from M.G.T. Before I turn it over to Dawn, 21 just my personal feeling on this, and where -- and Dawn, I 22 think, has some new numbers. I don't know that we really 23 need to do the salary and benefits survey. The reason is, 24 Burnet County just did one, Kendall County just did one, and 25 the City of Kerrville, I believe, is in the process of doing 5-13-13 59 1 one. That gives us a pretty good idea. 2 COMMISSIONER MOSER: Lots of data. 3 COMMISSIONER LETZ: A lot of data without doing 4 that again. So, I would -- I've asked Ms. Lantz to delete -- 5 call back the vendors, take that portion out, and come up 6 with a new number, and I know she has it from one of them. 7 MS. LANTZ: I did receive new numbers from 8 Management of America, and for taking that component out of 9 the estimate would bring the estimate down about $14,470. 10 JUDGE TINLEY: Down to that, or by that number? 11 MS. LANTZ: By that number. So, the new estimate 12 would be around 30,680. 13 COMMISSIONER LETZ: Okay. And have you heard -- 14 MS. LANTZ: The other company, I've not heard 15 anything. But I did look over it, and if the components are 16 the same, the only thing it would eliminate would be about 17 $6,500 from The Waters Group, which would bring it to 35,250. 18 COMMISSIONER MOSER: When -- has this been done in 19 the past, and if so, when? 20 MS. LANTZ: I believe in -- in 2000. 21 COMMISSIONER LETZ: 2000. It was called the Nash 22 study; a firm by the name of Nash did it, and at that time, 23 they went through and interviewed all the employees, compared 24 what the employees said they were doing to what the job 25 description said they were supposed to be doing, got those in 5-13-13 60 1 line, and then kind of tried to, I guess, equate work and pay 2 from office to office. 3 COMMISSIONER MOSER: Yeah. Has there been a -- a 4 significant number of changes since then that justify -- 5 COMMISSIONER LETZ: Yes. I don't know how many. I 6 mean, I would be surprised, I think, if any of these job 7 descriptions haven't been modified since that time. And 8 there's also another component of this that I think is very 9 important. It will make sure that we're in compliance with 10 federal regulations, F.M.L.A. and A.D.A.A., all that kind of 11 stuff. That -- 12 COMMISSIONER MOSER: Okay. So, there have been a 13 lot of changes since the -- in the last 10 or 11 years? 14 MS. LANTZ: Yes, sir. 15 COMMISSIONER MOSER: Okay, got you. 16 COMMISSIONER LETZ: And so, I mean, I'm in favor of 17 doing it. I believe that between Ms. Lantz and the Auditor, 18 they've found funds for this. If you tell us where that 19 money's coming from -- 20 MS. LANTZ: A major portion will come out of the 21 H.R. budget, around 22,000. The Auditor said that there's 22 $12,000 available from a settlement that was received -- is 23 that correct? The tobacco settlement, and that would bring 24 it to about 34,000. Then, if the whole survey would be done, 25 we possibly could use 10,000 out of the contingency, which 5-13-13 61 1 would bring it to 42. But I don't think we need to use that. 2 COMMISSIONER MOSER: So, you're somewhere in the 3 $30,000 -- 4 MS. LANTZ: Right, I am. But this is prior to 5 the -- 6 COMMISSIONER MOSER: Yeah, right. Right, okay. 7 So, it looks like taking what Commissioner Letz has suggested 8 be removed, and you're agreeing, on the survey, the 9 compensation, then we've got the funds to do it without 10 taking it out of reserves? 11 MS. LANTZ: Yes, sir. 12 COMMISSIONER MOSER: Okay. 13 MS. LANTZ: And part of the survey, when they do 14 contact us for our information, which City of Kerrville has 15 done, they will give us a report -- 16 COMMISSIONER MOSER: Okay. 17 MS. LANTZ: -- of what the salary structure is. 18 COMMISSIONER LETZ: I think it's worthwhile. 19 Looking through the proposals, -- I think they're attached -- 20 both firms seem to, you know, have done work across the state 21 of Texas, and one of them nationally, so I think they're both 22 good. Do you have a recommendation for one versus the other? 23 I know there was a -- we know the cost on one of them, and on 24 The Waters Group, we're not sure. We think we know about 25 what that will be. 5-13-13 62 1 MS. LANTZ: The Management Group did smaller 2 counties, where The Waters Group does larger. They did a 3 comprehensive one in Comal County. So, you know, they both 4 are comparable. It just depends whichever the Court would 5 like to -- which direction you'd like to go. 6 COMMISSIONER MOSER: The national group had a more 7 comprehensive proposal. 8 MS. LANTZ: Yes, sir, they did. 9 COMMISSIONER MOSER: A lot more detailed proposal 10 than the other. 11 COMMISSIONER LETZ: And Waters Group -- 12 MS. LANTZ: I think they will be more detailed as 13 far as H.F.I.A.S. 14 COMMISSIONER MOSER: You can usually tell by the 15 proposal. 16 COMMISSIONER LETZ: Do you -- you and I discussed a 17 completion date of hopefully end of June or mid-July. 18 MS. LANTZ: If we take out that one component, they 19 said possibly 8 weeks, 8 to -- 10 would be pushing it, but it 20 would be the worst. But within 8 to 10 weeks would -- 21 COMMISSIONER LETZ: It would be the middle of July, 22 probably. I think it's important for us to have this before 23 we finalize budget numbers, and this would give us ample time 24 to be able to get this done. 25 COMMISSIONER BALDWIN: Tell me again where your 5-13-13 63 1 money's going to come from? 2 MS. LANTZ: 22,000 out of H.R. budget. 3 COMMISSIONER LETZ: What line item is that? Or 4 which -- what -- 5 MS. LANTZ: I think part of my salary that I gave 6 up. 7 COMMISSIONER BALDWIN: What are you doing with 8 $22,000 just lying around? 9 MS. LANTZ: Well, I didn't replace another employee 10 in my department. 11 COMMISSIONER BALDWIN: That's part of it, or is 12 this all of it? 13 MS. LANTZ: That's part of it. And I had some 14 training funds that -- 15 COMMISSIONER BALDWIN: Okay. Where's the rest of 16 it? 17 MS. LANTZ: Tobacco settlement. Tobacco settlement 18 for 12,000. 19 MS. HARGIS: We didn't budget that at all. 20 COMMISSIONER BALDWIN: Didn't budget what? 21 MS. HARGIS: The tobacco settlement. Because we 22 hadn't gotten it in two years, and so last year we did not 23 budget any funds, and then we got a $12,000 check. So, 24 that's revenue that we didn't anticipate, so we can now 25 budget it and use it. 5-13-13 64 1 MR. HENNEKE: Is it in the budget? 2 MS. HARGIS: It's not in the budget now. 3 MR. HENNEKE: We're going to spend it now. 4 MS. HARGIS: We have to put an amendment for -- 5 once this is done, to accept the 12 and to budget it. 6 COMMISSIONER BALDWIN: How long have you had the 7 tobacco money? 8 MS. HARGIS: About three weeks. 9 COMMISSIONER BALDWIN: Okay. That's -- that's 34. 10 Is that it, those two items? 11 MS. LANTZ: If I was going to do the full 12 comparison using 10,000 out of contingency, but we're not 13 going to do that, so I have -- 14 COMMISSIONER MOSER: That's under 30,000. 15 MS. LANTZ: Yeah. So, the majority would come out 16 of my budget. 17 COMMISSIONER MOSER: Right. 18 COMMISSIONER LETZ: I'll make a motion that we 19 authorize the engagement of the proposal from M.G.T. 20 Consultants. We're taking the salary and benefit survey out 21 of their original proposal, and that should have their total 22 cost being $30,680, with funding to come out of the H.R. 23 budget, as mentioned, and out of the revenue we received from 24 the tobacco settlement. 25 COMMISSIONER MOSER: Second. 5-13-13 65 1 JUDGE TINLEY: Motion made and seconded as 2 indicated. Question or discussion on that motion? 3 COMMISSIONER BALDWIN: Do you -- we're acting as if 4 this is an emergency that we have to get this thing done, 5 like, right now, instead of waiting for proper budgeting. Do 6 you see it as a -- we need to get this done, or we're not 7 going to be able to open the doors next week? 8 MS. LANTZ: Well, no, sir, but I do think it is a 9 very crucial component of our job descriptions and making 10 sure we are compliant -- 11 COMMISSIONER BALDWIN: Okay. 12 MS. LANTZ: -- with the law and A.D.A.A. 13 COMMISSIONER BALDWIN: Okay. 14 COMMISSIONER OEHLER: We will have it in time for 15 budget. 16 COMMISSIONER LETZ: That's the only rush, 17 Commissioner, in my mind, is the budget. I mean, I think it 18 needs to be done. The only rush component is to have it so 19 we can use it this year. 20 JUDGE TINLEY: Further question or discussion on 21 the motion? All in favor of the motion, signify by raising 22 your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 5-13-13 66 1 JUDGE TINLEY: Motion does carry. Thank you, Ms. 2 Lantz. Okay. Let's go to -- we've got a 10:15 timed item on 3 here -- yeah, Item 21, a 10:15 timed item to consider, 4 discuss, take appropriate action to authorize Court 5 Compliance to hire/replace a full-time compliance clerk. 6 Ms. Lyle? 7 MS. LYLE: Morning, Commissioners. I put this on 8 the agenda because I have a vacant position as of last week, 9 on May the 8th. It's already in the budget, so I'm just 10 requesting the Court to approve -- to replace this position 11 at a pay grade of 16.1. It is currently at a 16.4 in the 12 budget. 13 COMMISSIONER LETZ: My question would be, is it 14 possible to hold off until after our job description and 15 salary survey? The reason is, part of that is going to look 16 at organization as well, and if we could hold off on, you 17 know, positions -- filling some positions -- obviously, some 18 of them we have to -- for whatever reason, we have to fill 19 them, but if it's possible to hold off, that would be my 20 preference. 21 MS. LYLE: It is possible, if that is what you wish 22 me to do, to wait for the answer from this job description. 23 It is going to put a slight burden on serving the courts that 24 we are currently serving, and -- but if that's what you wish 25 me to do, I can do that. 5-13-13 67 1 COMMISSIONER MOSER: So you'd be down to one 2 person? 3 MS. LYLE: One person, yes, sir. 4 JUDGE TINLEY: Well, you know, we've talked about 5 looking at some restructuring things, too, and if we bring on 6 a full-time employee, when we bring somebody on, we incur an 7 obligation to them, I think, and I'd hate for us to bring 8 somebody on and then, through restructuring, tell them we're 9 going to have to move you to wherever, or that we're going to 10 eliminate the position. I don't think that's a good way to 11 be dealing with people. So, I -- I'd sure like to see you 12 try and hang in there and hold on until we can see where 13 we're going with all these job descriptions and -- and 14 restructuring of whatever. 15 COMMISSIONER LETZ: Ms. Lyle, would part-time be of 16 assistance? I know a certain amount of -- you have to have 17 expertise for what your office does. Would a part-time help? 18 MS. LYLE: Yes, part-time would be beneficial. 19 COMMISSIONER LETZ: I don't have a problem of going 20 with a part-time person. I don't want to get us behind the 21 eight ball either on any department. 22 COMMISSIONER MOSER: I agree with you. 23 COMMISSIONER LETZ: And if it -- if that would help 24 your office, let's see -- 25 COMMISSIONER BALDWIN: Judge -- let me get mine out 5-13-13 68 1 of the way. I agree with the agenda item. I think that she 2 needs to hire somebody in there because of the courts and the 3 things that they do in there, so I'd like to make my motion 4 to approve the agenda item, and then let's deal with that, 5 and then we can get on down to -- 6 JUDGE TINLEY: Okay. 7 COMMISSIONER BALDWIN: And I expect you'll do the 8 same thing with the County Clerk, and District Clerk last 9 week. So -- 10 JUDGE TINLEY: We have a motion to approve the 11 agenda item. 12 COMMISSIONER OEHLER: Second. 13 JUDGE TINLEY: We have a motion and a second to 14 approve the agenda item. Question or discussion on the 15 motion? 16 COMMISSIONER MOSER: Is it appropriate to amend the 17 motion? 18 JUDGE TINLEY: You can offer an amendment, of 19 course. 20 COMMISSIONER MOSER: Yeah. I want to offer an 21 amendment, like Commissioner Letz said, to amend this for a 22 part-time. 23 COMMISSIONER BALDWIN: You can do that when we get 24 through with mine. 25 COMMISSIONER MOSER: Okay. I was -- okay. 5-13-13 69 1 COMMISSIONER BALDWIN: Maybe. 2 JUDGE TINLEY: Further question or discussion on 3 the motion? All in favor of the motion, signify by raising 4 your right hand. 5 (Commissioners Baldwin and Oehler voted in favor of the motion.) 6 JUDGE TINLEY: All opposed, same sign. 7 (Commissioners Moser and Letz voted against the 8 motion.) 9 JUDGE TINLEY: Tie. The chair casts a vote against 10 the motion, and so the motion fails. Any further motions in 11 regard to Item 21? 12 COMMISSIONER LETZ: I'll make a motion to -- first, 13 the County Attorney -- can we modify that to a part-time 14 position? 15 COMMISSIONER BALDWIN: No, you can't do that. 16 COMMISSIONER LETZ: Based on the agenda item that 17 was posted? 18 MR. HENNEKE: It's "hire or replace," so yeah, I 19 think you can. I think you can. 20 COMMISSIONER LETZ: Okay. I'll make a motion that 21 we authorize the Court Compliance to hire a part-time 22 employee, with the funds transferred from her salary line 23 item into a part-time line item. 24 COMMISSIONER MOSER: Second. 25 JUDGE TINLEY: Motion made and seconded as 5-13-13 70 1 indicated. Question or discussion on that motion? 2 COMMISSIONER LETZ: I guess the only the question I 3 would have is on the amount. 4 MS. HARGIS: We also need to be careful, because of 5 the new health law, as to how long they work. 6 MS. LANTZ: With the new health care law coming 7 out, 30 hours is our cap that we're allowed to hire a 8 part-time employee. And then right now, our floaters are 9 getting -- our part-timers are getting $10 an hour. We're 10 not hiring them at a -- you know, we have one full-time -- or 11 part-time that's considered -- 12 COMMISSIONER LETZ: And my motion includes hiring 13 within the guidelines the H.R. Department has set forth, $10 14 an hour, and not to exceed 30 hours per week. 15 COMMISSIONER MOSER: I still second. 16 JUDGE TINLEY: Okay. Now, let me make sure I got 17 this. Thirty hours? Is it 30 hours? 18 COMMISSIONER BALDWIN: Yeah. 19 JUDGE TINLEY: So, we want to keep it under 30 20 hours. 21 MS. LANTZ: Thirty or below. 22 JUDGE TINLEY: Thirty or below, okay. 23 MS. LANTZ: As long as it doesn't go over 30 hours 24 per week. 25 JUDGE TINLEY: Okay. 5-13-13 71 1 COMMISSIONER MOSER: Is that in effect now, or is 2 that going to -- 3 MS. LANTZ: It will start January of 2014. 4 COMMISSIONER MOSER: So, it starts in January, 5 so -- okay. 6 MS. LANTZ: Hopefully by then. 7 COMMISSIONER MOSER: Yeah. 8 JUDGE TINLEY: Okay. Question or discussion on 9 that motion? All in favor of that motion, signify by raising 10 your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: That motion does carry. 15 MS. LYLE: I do have one quick question. When we 16 complete this survey or whatever we're doing with the job 17 descriptions, and if they recommend hiring a full-time 18 person, can this person be bumped up to a full-time person? 19 COMMISSIONER MOSER: To be determined. 20 COMMISSIONER LETZ: It's always a possibility. 21 MS. LYLE: Possible? 22 COMMISSIONER LETZ: Any part-time any person can 23 apply for a position. 24 MS. LYLE: Okay. All right. 25 JUDGE TINLEY: Thank you, ma'am. 5-13-13 72 1 MS. LYLE: Thank you. 2 JUDGE TINLEY: Okay. Let's go back and start 3 picking up the pieces. Item 11; to consider, discuss, take 4 appropriate action on request to hire a new J.S.O. to replace 5 current J.S.O. that resigned her position. This is at the 6 Juvenile Detention Center, a Juvenile Service Officer. We 7 got a vacancy out there, Mr. Stanton? 8 MR. STANTON: We will at the end of this month, the 9 last day of this month. But the reason I put it on the 10 agenda now is we have to replace that person now, because we 11 have to provide 80 hours of training before we can put 12 somebody out there on the floor to supervise the kids, and 13 this will give us time to get the 80 hours of training in 14 before we have -- 15 JUDGE TINLEY: And you -- you need this in order 16 the stay in compliance with your guidelines of staffing 17 requirements and so forth? 18 MR. STANTON: Yes, I do. 19 COMMISSIONER LETZ: Move approval. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE TINLEY: Motion made and seconded for 22 approval. Question or discussion? All in favor, signify by 23 raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 5-13-13 73 1 (No response.) 2 JUDGE TINLEY: Thank you, Mr. Stanton. 3 MR. STANTON: Thank y'all. 4 JUDGE TINLEY: Let's go to Item 12; consider, 5 discuss, take appropriate action to purchase a new sound 6 system for the indoor arena at Hill Country Youth Event 7 Center. Mr. Bollier? 8 MR. BOLLIER: Yes, sir. I brought this back 9 because Commissioners Court asked me to. And to put a new -- 10 to put a sound system into the indoor arena will be $22,733. 11 That comes with one mic, and what we call a Britney Spears 12 headphone which goes around your head. And on here, I also 13 asked him to send me, you know, in case we needed extra mics, 14 because I could see during the stock show that we would 15 probably need some extra mics there, and for each additional 16 mic, it will be $1,280. And if we surpass three mics per 17 unit, then they got to do some stuff to the unit that's 18 there, so if you add more than three -- it comes with two, so 19 if you had -- so if you go over three, then they got to add 20 some more stuff before that fourth mic. It will be, like, 21 2,015. 22 COMMISSIONER LETZ: You don't need four. 23 MR. BOLLIER: We don't need four. So, that's where 24 I'm at. 25 COMMISSIONER MOSER: So, $1,200 -- excuse me. It's 5-13-13 74 1 $1,200 for a mic? 2 MR. BOLLIER: Yes, sir. They come in and they put 3 -- what happens is, each mic has its own little box. They 4 have to come in with another little box. They put it in, 5 connect it to the system. 6 COMMISSIONER LETZ: I'll make a motion that we 7 accept the proposal and go with the two mics that come with 8 it. 9 COMMISSIONER OEHLER: Second. 10 COMMISSIONER LETZ: This is the same vendor as we 11 used for -- 12 MR. BOLLIER: Yes, sir. 13 COMMISSIONER LETZ: Okay. 14 MR. BOLLIER: Mr. Dilley. 15 JUDGE TINLEY: So, there's going to be two 16 microphones that come with the base system? 17 COMMISSIONER LETZ: Correct. 18 JUDGE TINLEY: Which would be included in the -- 19 COMMISSIONER LETZ: 22,000. 20 JUDGE TINLEY: Okay. 21 COMMISSIONER OEHLER: 22,733. 22 MR. BOLLIER: And if we find out down the road we 23 need an extra one, we can always add. 24 COMMISSIONER MOSER: So, just to review the bidding 25 on this thing, the old system -- the existing system is 5-13-13 75 1 inadequate because? 2 MR. BOLLIER: Is inadequate because it just doesn't 3 work. I mean, we have P.A. systems that are old. They've 4 been -- 5 COMMISSIONER MOSER: Has it been there since the 6 beginning? 7 MR. BOLLIER: Yes, sir. 8 COMMISSIONER MOSER: Okay. 9 MR. BOLLIER: Forever. 10 COMMISSIONER LETZ: Been there a long time. 11 MR. BOLLIER: Going to be just like -- the system 12 will be just exactly what we have set up in the new show 13 barn. 14 COMMISSIONER MOSER: But the other one -- the 15 existing one's been there since the -- 16 MR. BOLLIER: Yes, sir. 17 COMMISSIONER MOSER: -- the arena was built? 18 MR. BOLLIER: Yes, sir. 19 COMMISSIONER MOSER: You answered my questions. 20 COMMISSIONER BALDWIN: Oh, Noah's Ark -- it fell 21 off of Noah's Ark. 22 JUDGE TINLEY: I think the system actually existed 23 before the facility was built, and it was just kind of added 24 in there. 25 COMMISSIONER MOSER: Okay, got you. 5-13-13 76 1 COMMISSIONER BALDWIN: Let me see. Do you need to 2 get your motion and second? 3 JUDGE TINLEY: I think I've got one. 4 THE CLERK: Yes, sir. 5 COMMISSIONER BALDWIN: Okay, I'll just talk. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER BALDWIN: The -- where's the money 8 coming from, $22,000? 9 MS. HARGIS: It's the money left in the Ag Barn 10 capital account, but we're about to run out. Between this 11 and the concrete culverts, we're down to about $20,000, after 12 we do this. 13 COMMISSIONER BALDWIN: Do we have enough to pay for 14 this? 15 MS. HARGIS: Yes, sir, we do. 16 COMMISSIONER BALDWIN: Is the new headphones -- are 17 they pink? 18 MR. BOLLIER: I can have them that color for you, 19 sir, if that's what you -- 20 COMMISSIONER BALDWIN: I don't want them. I 21 just -- these guys are interested in that kind of stuff. 22 JUDGE TINLEY: Britney Spears does not come with 23 them. 24 MR. BOLLIER: Sorry, sir, she does not. 25 COMMISSIONER BALDWIN: I vote no, then. No, 5-13-13 77 1 that's -- how much did we spend on this system in the new 2 barn? 3 COMMISSIONER OEHLER: 28,000. 4 COMMISSIONER LETZ: 28,000. 5 COMMISSIONER BALDWIN: 28. That thing's -- that is 6 a Cadillac. 7 MR. BOLLIER: Yeah. 8 COMMISSIONER LETZ: It works. 9 COMMISSIONER BALDWIN: If there's anything we need 10 out there, it's this. 11 COMMISSIONER LETZ: The vendor said that the system 12 that we had -- are using right now in the arena was the wrong 13 system when it was originally purchased, by whoever purchased 14 it years and years ago. They said that it just wasn't made 15 for that application. 16 COMMISSIONER MOSER: Thomas Edison sold us that -- 17 COMMISSIONER BALDWIN: Now we're going to be able 18 to continue doing the beef and the goats and the sheep? 19 MR. BOLLIER: Yes, sir. 20 COMMISSIONER BALDWIN: Kind of like we've always 21 done? 22 MR. BOLLIER: Yes, sir. 23 COMMISSIONER BALDWIN: There's not going to be an 24 issue with that? 25 MR. BOLLIER: No, sir. 5-13-13 78 1 COMMISSIONER LETZ: I mean, it will be on one 2 system where they both can't talk at the same time, but yeah, 3 it will be -- 4 COMMISSIONER BALDWIN: That's a shame. Okay. 5 MR. BOLLIER: But the system will -- say we got a 6 goat show going at the same time as the steer show over 7 there, and the guy over at the goat show is talking, and then 8 the guy at the steer show wants to talk. He won't be able to 9 talk until he's through, because it will override it. There 10 won't be any kind of interfering in there. 11 MR. WALSTON: Only question I had on the -- the 12 barn, is there any speakers over in there? 13 MR. BOLLIER: Yes, sir. All that -- that's all 14 here. They're going to add speakers over there and 15 everything, even in the back one where the cattle pens are 16 now. 17 MR. WALSTON: Thanks. 18 JUDGE TINLEY: Any further question or discussion 19 on the motion? 20 MR. BAUER: One comment, Judge. We do typically 21 use three mics in there, but that is not a problem. With the 22 new system, I believe the Association can probably come up 23 and purchase the third -- one mic if we need -- if we so need 24 at that time, because we run the three show rings there 25 during the show. Each judge and ring has its own mic and so 5-13-13 79 1 on. But I believe at that price, the Association will look 2 into probably purchasing one of those if we need to at that 3 time. So, just support for what's going on and improving the 4 mic system would be great. 5 JUDGE TINLEY: It -- it might be well if we make 6 that decision now. And the reason I mention that is, it says 7 the costs are applicable if the additions are completed at 8 the same time as the installation of the basic sound 9 reinforcement system. So, the cost may be higher if we do a 10 later add-on, if they got to do a separate -- 11 COMMISSIONER BALDWIN: Yeah. 12 JUDGE TINLEY: -- new installation. So, we 13 probably need to make that commitment now. 14 MR. BAUER: Yeah. 15 MR. REEVES: Yeah. They may run Steve and I out of 16 town, but we'll go ahead and make that commitment. 17 MR. BAUER: If the system is adequate and up full, 18 like I said -- 19 MR. REEVES: Do it at a better price, so we'll pay 20 for one of the mics. 21 JUDGE TINLEY: Okay. 22 COMMISSIONER LETZ: Just make sure they do two 23 invoices. 24 MR. BOLLIER: Yes, sir. 25 COMMISSIONER LETZ: That would make it easier. 5-13-13 80 1 JUDGE TINLEY: So, your motion will remain the 2 same? 3 COMMISSIONER LETZ: Yes. 4 JUDGE TINLEY: And you just -- when you confirm the 5 commitment after the vote here, why -- 6 MR. BOLLIER: I forgot something to add. We also 7 have to supply the lift, but we supplied the lift for when 8 they did the new barn, too. 9 COMMISSIONER LETZ: You can use the same lift to do 10 some other cleaning in there. That way, it comes out of your 11 budget. 12 COMMISSIONER OEHLER: That's right. 13 MR. BOLLIER: We can do that. 14 COMMISSIONER OEHLER: Maybe you can do it out of 15 your budget. 16 MR. BOLLIER: Yes, sir. 17 JUDGE TINLEY: You're always good to take the hit, 18 aren't you, Tim? 19 MR. BOLLIER: Yes, sir. I just say "yes" and keep 20 on going. 21 JUDGE TINLEY: All right. Okay. Any further 22 question or discussion on that motion? All in favor of the 23 motion, signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 5-13-13 81 1 (No response.) 2 JUDGE TINLEY: Motion does carry. 3 MR. BOLLIER: Thank you very much. 4 JUDGE TINLEY: Okay. We have a 10:30 timed item; 5 Item 24, to consider, discuss, take appropriate action 6 regarding Center Point wastewater system public notice and 7 associated meeting on June 17th, 2013. Commissioner Moser? 8 COMMISSIONER MOSER: Yes. Thank you, Judge. 9 Center Point wastewater system engineering work is 10 continuing. We have a meeting after this Commissioners Court 11 to review some of that work, but what we're here for today is 12 we have to establish a public hearing that is part of the 13 environmental work that's to be done. And to meet the 14 schedule, we have to advertise that by tomorrow -- I believe 15 that's correct -- okay, by tomorrow. So, we need the Court's 16 approval to so announce the public hearing for June the -- 17 June the 17th, and to move forward with the publishing of 18 this notice. So, that's the item. That's the -- 19 COMMISSIONER LETZ: Second. 20 COMMISSIONER MOSER: -- recommendation. 21 COMMISSIONER LETZ: Second. 22 JUDGE TINLEY: You had a motion? 23 COMMISSIONER MOSER: I have a motion to set -- 24 JUDGE TINLEY: And a second to approve the agenda 25 item and authorize public notice of the meeting. How many -- 5-13-13 82 1 how many notices are required? 2 MR. DROZDICK: Just one. 3 JUDGE TINLEY: Just one, but in a certain amount in 4 advance of the meeting. And the publication deadline, we 5 need to have it published tomorrow? 6 COMMISSIONER MOSER: Has to be published tomorrow. 7 MR. DROZDICK: Submitted by tomorrow, yeah. 8 COMMISSIONER LETZ: Is it -- you know, just to 9 clarify, is it a public meeting or public hearing? 10 COMMISSIONER MOSER: Public hearing. 11 MR. DROZDICK: Public hearing. 12 COMMISSIONER MOSER: Public hearing. Then we're 13 going to have a public meeting thereafter, but not associated 14 with -- I mean, following the public hearing, correct. Thank 15 you. 16 COMMISSIONER OEHLER: Is that when you're going to 17 establish the rate of return on this project? 18 COMMISSIONER MOSER: You got it. 19 COMMISSIONER LETZ: In that -- in this application, 20 there's -- or in this notice and what's being published, 21 there's a number of other things that we're doing, from the 22 standpoint of there's a -- Keller, why don't you come on up? 23 Go over the document. What's the doc -- what's in that 24 document that's going to be open for review at the County 25 Clerk's office and the Comfort Public Library? 5-13-13 83 1 MR. DROZDICK: The environmental information 2 specifically in that document, the draft is going to be 3 posted basically at the same time the notice goes out so 4 everyone has an opportunity to read it. The notice has to be 5 at least 30 days in advance of the meeting. It's -- a 6 document will be available. That document includes -- I just 7 read the draft last night. It's a lot of information, 8 heavily weighted towards the environmental side, as far as 9 establishing what the impact will be with and without the 10 project, as far as air quality, water quality, wildlife, that 11 sort of stuff. It also goes into the cost associated with 12 the project based on the current cost estimates. 13 COMMISSIONER MOSER: I finalized a lot of those 14 late last week, and so those cost numbers will be in both 15 reports, and actually, they will be in the public notice as 16 well. 17 COMMISSIONER LETZ: And one of the -- I think one 18 of the, probably, more, or very important components of this 19 document is it has an estimated rate for the public, and it's 20 -- what's the number? Do you have -- 21 MR. DROZDICK: The way it worked out, it varied. 22 From the financial advisers, the loan repavement portion 23 ranged from -- I believe it's -- let me look at my notes -- 24 from $19 to $36, from rounding up a little bit. 25 COMMISSIONER LETZ: So, that's kind of capital 5-13-13 84 1 cost, and then the -- 2 MR. DROZDICK: That's a per-month. 3 COMMISSIONER LETZ: Per month, and then the 4 estimated cost for the treatment portion of it, which would 5 come from the Kendall County -- 6 MR. DROZDICK: Coming off of -- the public rate 7 structure from Kendall County was about $24 for treatment, 8 but they really didn't actually have a spot in their rate 9 structure that fit this system, so it depends more on what 10 the finalized agreement with Kerr County is going to be. 11 COMMISSIONER LETZ: So -- but that's a number that 12 the public's very interested in, of course, because that's 13 what they're going to be paying. 14 COMMISSIONER BALDWIN: What causes the variation? 15 19 to 24 or something, wasn't it? 16 MR. DROZDICK: Yeah, 19 to 24. The first few years 17 are very low, because the financial adviser's structure is 18 being interest-only repayment for the first couple years 19 until the system comes online. And after that, it includes 20 principal repayments, so it will go up to the low 30's. 21 There's a little bit of variability after that, just based on 22 estimated number of connections and growth over time, that 23 sort of thing. But most of the time, it's really in the low 24 30's, but it starts off at about 19 for the first two years. 25 COMMISSIONER BALDWIN: Doesn't have anything to do 5-13-13 85 1 with the size of the residence or number of bathrooms or -- 2 MR. DROZDICK: No, this number is based strictly on 3 the overall repayment of the loan. 4 COMMISSIONER BALDWIN: I see. 5 MR. DROZDICK: Figuring out the repayment rate and 6 prorating it. Where there's a little more certainty is that 7 $24 I'm estimating based on their rate structure. That's 8 really based on -- they have a guideline for water service. 9 If you're outside their district, they charge you twice the 10 minimum for water service. $24 is twice the minimum sewer 11 service, but they don't really have that same rule in their 12 rate structure, so exactly how they're going to apply the 13 rate structure to Center Point, far as I know, hasn't been 14 finalized yet. 15 COMMISSIONER LETZ: I think that number Keller was 16 talking about, those are high side numbers, and I think -- 17 COMMISSIONER MOSER: From the water district? 18 COMMISSIONER LETZ: Well, water district and loan 19 repayment portion, because I think there's -- you know, at 20 some point, this Court's going to look at that closer, I 21 think, on the capital side, and on the -- well, the agreement 22 that we're in the process of working out with Kendall County 23 W.C.I.D. 24 COMMISSIONER MOSER: In the public notice, do you 25 have to identify just the -- the County's portion of it, or 5-13-13 86 1 do you have to identify the W.C.I.D.? 2 MR. DROZDICK: We are supposed to talk about a 3 typical retail monthly bill. 4 COMMISSIONER MOSER: For both of those? 5 MR. DROZDICK: Correct. 6 COMMISSIONER MOSER: Okay. You had -- 7 COMMISSIONER LETZ: It's kind of the high side. It 8 is within -- I think that's what we've kind of been talking 9 about the whole time, which I was really happy to see it come 10 in a little bit on the low side, actually. 11 COMMISSIONER MOSER: Yeah. 12 COMMISSIONER LETZ: Anyway, we just wanted to bring 13 it to the Court, because there's some action that we feel 14 that needs -- beyond our day-to-day workings with it, and I 15 think the Court needs to approve these actions. 16 JUDGE TINLEY: Any further questions or discussion 17 on the motion before the Court dealing with the approval of 18 the public hearing and the notice to be published in 19 connection -- in regard to that public hearing? All in favor 20 of the motion, signify by raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: That motion does carry. 25 COMMISSIONER MOSER: Thank you. 5-13-13 87 1 JUDGE TINLEY: Why don't we take about a -- oh, 2 maybe 15-, 20-minute recess. 3 (Recess taken from 10:39 a.m. to 10:56 a.m.) 4 - - - - - - - - - - 5 JUDGE TINLEY: Okay, let's come back to order, if 6 we might. Looks like we go to Item 14; consider, discuss, 7 take appropriate action to post and hire kennel/office 8 position as a 14.1. Ms. Fegenbush? 9 MS. FEGENBUSH: Good morning. I had it on there to 10 post and fill the open kennel/office position. I am going to 11 ask to change that to just a kennel position. It needs -- 12 that's all it needs to be. They don't -- it doesn't need to 13 be office or anything else. Their primary job is going to be 14 in the kennel, so I'm asking to open that position -- and the 15 prior kennel attendant was at a 14.3. I'm asking to fill it 16 at a 14.1. 17 JUDGE TINLEY: That's a position that was 18 previously filled, but is now vacant? 19 MS. FEGENBUSH: Yes, sir. 20 JUDGE TINLEY: Okay. 21 COMMISSIONER OEHLER: She'll still be short one 22 worker after this. 23 MS. FEGENBUSH: Yes, sir. 24 COMMISSIONER OEHLER: So, I move approval. 25 COMMISSIONER BALDWIN: I'll second. 5-13-13 88 1 JUDGE TINLEY: I have a motion and a second. 2 Question or discussion on the motion? 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 carries. Thank you, ma'am. 8 MS. FEGENBUSH: Thank you. 9 JUDGE TINLEY: Let's go to Item 19, if we might; to 10 acknowledge receipt of quarterly investment report from 11 Patterson and Associates for the quarter ending March 31st, 12 2013. Ms. Soldan? 13 MS. SOLDAN: I believe you all should have a copy 14 of that investment report. I'm just -- 15 COMMISSIONER BALDWIN: Is this getting any larger? 16 MS. SOLDAN: Is it getting larger? 17 COMMISSIONER BALDWIN: Is it getting larger? 18 MS. SOLDAN: No. 19 COMMISSIONER BALDWIN: God, looks like it to me. 20 MS. SOLDAN: It's not, unfortunately. 21 COMMISSIONER LETZ: What's -- probably more a 22 budget question, but what's this cost us? 23 MS. HARGIS: A lot. 24 MS. SOLDAN: Yeah, a lot. It's on a percentage 25 basis. 5-13-13 89 1 COMMISSIONER LETZ: I think we need to -- everyone 2 -- we need to really look at the need of this during budget. 3 I think -- I think it's good, but with the rate of return 4 that's out there, I think we're -- I don't think we're making 5 our money back. 6 COMMISSIONER MOSER: What is it, like .105? 7 JUDGE TINLEY: I know initially when we brought 8 this on board, the -- the cost of the service was less than 9 what we gained over and above that which we were receiving. 10 COMMISSIONER LETZ: Right. 11 JUDGE TINLEY: Previously. Now, whether or not 12 it's still doing that, I don't know, because of the rate of 13 return now. It may be way down there. 14 COMMISSIONER LETZ: But we need to -- 15 MS. HARGIS: No, you're not. You're not getting 16 the return. In fact, I had looked at that myself. I just 17 was -- I think that if we finish her contract out till the 18 end of September, that will give Tracy a full year of working 19 with this kind of a system and getting up-to-date with the 20 knowledge that she needed. Our prior Treasurer was not 21 comfortable, as you recall, with making these kind of 22 investments, so I didn't want to be -- you know, with chain 23 of command, I'm not supposed to be making them either, so I 24 was overseeing them, but I think I can oversee it now without 25 having the particular service. And then you're correct; I 5-13-13 90 1 mean, there's really not a whole lot out there to make any 2 money on. 3 COMMISSIONER LETZ: Right. 4 JUDGE TINLEY: Ms. Soldan, you, I know, completed 5 Phase 1 or Course 1 -- I'm not sure what they call it -- with 6 respect to certified investment officer; is that correct? 7 MS. SOLDAN: Yes, sir. And I do -- I do the Phase 8 2 annually. That's for continuing education. 9 JUDGE TINLEY: That's a -- a refresher and an 10 update? 11 MS. SOLDAN: Yes. 12 JUDGE TINLEY: And when was the last time you did 13 Phase 2? 14 MS. SOLDAN: Last June, and I'm scheduled for this 15 June. 16 JUDGE TINLEY: Okay. 17 MS. SOLDAN: It's annually in June. 18 JUDGE TINLEY: So you've completed Phase 1 and 19 Phase 2, and you're going to be a Phase 2A, I guess, come 20 this -- 21 MS. SOLDAN: Well, this will be my third year to do 22 the -- the second phase. 23 JUDGE TINLEY: Okay. And you feel like once this 24 current contract has run out at the end of this fiscal year 25 with Patterson, that you'll be in a position to handle these 5-13-13 91 1 investments in a competent manner? 2 MS. SOLDAN: Yes, sir. 3 JUDGE TINLEY: Okay. 4 COMMISSIONER LETZ: Do we need to take any action, 5 or is that -- we acknowledge receipt? We need a motion to 6 that effect? I'll acknowledge -- I'll make a motion that we 7 acknowledge receipt of the report. 8 COMMISSIONER OEHLER: Second. 9 JUDGE TINLEY: Motion made and seconded as 10 indicated. Question or discussion? 11 COMMISSIONER MOSER: Question. Tracy, on -- you 12 show on the portfolio December 31st, and then again on March 13 the 31st, the market value increased by $4 million? And this 14 is from -- 15 MS. SOLDAN: Property taxes, I would -- 16 COMMISSIONER MOSER: So that's just funds going 17 into that investment? 18 MS. SOLDAN: Yes, sir. 19 COMMISSIONER MOSER: 'Cause our huge investment 20 income was, like, $8,000. Wow. On $19 million. That's -- 21 we really knock them out. 22 MS. SOLDAN: You won't see that again, till next 23 year. 24 COMMISSIONER MOSER: Okay. That's all I have. 25 JUDGE TINLEY: Okay. Okay, we need to vote. 5-13-13 92 1 Further question or discussion on the motion? All in favor, 2 signify by 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 carries. 7 MS. SOLDAN: Thank you. 8 MS. HARGIS: Just as a point of order, the Public 9 Funds Investment Act requires that you acknowledge receipt. 10 That's the reason why. 11 COMMISSIONER LETZ: Okay. 12 JUDGE TINLEY: Okay, let's go to our 11 o'clock 13 timed item, Item Number 28; consider, discuss, and take 14 appropriate action on proposal from VeriFi Laboratory, Inc., 15 for digital forensic analysis services for Kerr County. I 16 put this on the agenda at the request of Mr. Aycock. 17 Mr. Aycock? You want to come tell us what this is all about? 18 MR. AYCOCK: Morning, gentlemen. 19 COMMISSIONER OEHLER: Morning. 20 MR. AYCOCK: I have packets for y'all. Can y'all 21 take packets? 22 COMMISSIONER LETZ: Sure. 23 COMMISSIONER MOSER: Yeah. 24 COMMISSIONER BALDWIN: We take packets, we take ice 25 cream, we take kind words. 5-13-13 93 1 MR. AYCOCK: Good morning. Good to see you. 2 COMMISSIONER BALDWIN: Just give me all of them. 3 MR. AYCOCK: Okay. I've got six there. 4 COMMISSIONER MOSER: Good job. 5 MR. AYCOCK: Gentlemen, what I bring before y'all 6 this morning is just an offer for services. I'm a retired 7 detective. My expertise is digital forensics. And to 8 explain digital forensics, it is the removal of evidence from 9 digital devices. Any digital device stores evidence; a cell 10 phone, a computer. Nowadays, game systems, flash drives, the 11 little memory card that's in your phone. That all houses and 12 stores digital evidence. Now, in order for that evidence to 13 be presented in court in an accepted manner, it needs to be 14 pulled off in a scientific and forensic method, and that is 15 called digital forensics. Now, currently, Kerr County does 16 not employ a digital forensics expert. Any digital forensics 17 that comes down through the Sheriff's Office or through the 18 Probation Department or Juvenile Probation, these devices 19 must be sent off to a digital forensics lab, and they are 20 outside of this county. The current labs are -- are the 21 D.P.S. lab in Austin and the Attorney General's Office in 22 Austin. 23 Now, as you can imagine, these labs are very 24 expensive. The start-up costs are huge. To employ a digital 25 forensic scientist is just astronomical. So, counties like 5-13-13 94 1 Kerr County, Bandera County, the surrounding counties, these 2 rural counties that don't have a huge income coming in, they 3 can't afford to outfit one of these labs. They can't afford 4 to even maintain one. So, there's a lot of counties like 5 that that can't afford to run their own labs, and so the 6 state set up some labs that we can send all of our 7 information to. All of our digital devices can go to the 8 state labs in Austin, at the A.G.'s office or the D.P.S. 9 office. Well, as a result, the 100-some-odd agencies that 10 need the services, they all send it off to D.P.S. like we're 11 supposed to, and as you can imagine, a backlog has started. 12 The backlog currently is a six-month wait to a year 13 wait, depending on what you send to them. If you send a cell 14 phone, that's relatively simple and small, which is not 15 anything today. It takes maybe six months to analyze. If 16 you send a computer, it takes a year, over a year, depending 17 on how much information is on the computer or what the 18 current state of their backlog is. So, we are at the mercy 19 of a backlog that's been generated. And, again, we don't 20 employ -- nobody in Kerr County employs a digital forensics 21 expert to handle this, and so we have to send our stuff to 22 D.P.S. or Austin if we want the evidence in -- in the court. 23 Now, let's -- let's do an example for a minute on 24 how this affects Kerr County as a whole. Me, as a policeman, 25 I walk into a house and I see child pornography on a computer 5-13-13 95 1 screen there in the living room, and the guy's on the 2 computer, so I have evidence to arrest him. I have probable 3 cause to arrest that guy for -- for possession of child 4 pornography, 'cause I see it right there. But the evidence 5 is on his computer. The evidence to convict him that goes to 6 trial, his trial, is on a computer. So, I arrest him and I 7 throw him in jail for possession of child pornography, 8 because I have the probable cause to do that. And he's -- 9 he's in jail in Kerr County, and in concern for Kerr County, 10 we give him about a jillion dollar bond, 'cause we don't 11 stand for that here. He doesn't make bond, or maybe he just 12 chooses not to make bond. 13 So, the investigators, we take the computer, send 14 it off to D.P.S. like we're supposed to, and it's there for a 15 year. So, this guy is in jail for a year, roughly, at a 16 conservative $50 a day. We're housing that guy, waiting for 17 his computer to come back. So, if you put the numbers down, 18 that's $18,000 we've paid into this guy before he's even gone 19 to trial. Even if he wanted to plead guilty to it, his 20 defense attorney wouldn't let him, because the defense 21 attorney has a moral obligation to make sure that there's 22 really evidence on a computer. So, we have to wait a year, 23 so we're housing this guy a year. Or worse, we don't have 24 the evidence to arrest him, but we do have enough evidence to 25 seize his computer, at least. So, we seize his computer, 5-13-13 96 1 send it off; it takes a year to come back. That guy keeps 2 doing what he does for another year before we can stop him. 3 Today, digital devices have just proliferated 4 everywhere. How many of you have a cell phone on you right 5 now? And what does the cell phone do? It does everything. 6 So, just cell phones alone house a plethora of evidence. And 7 think about how you use your cell phone. You use it for 8 everything; your shopping list, your e-mail back and forth to 9 your wife. You use it for everything. Criminals use it for 10 the same thing. They use it for everything. They take 11 pictures of the dead bodies so they can send it to the guy 12 they're supposed to send the picture to, to let him know 13 that, "I did your deed." Or they take pictures of your dope 14 so they can say, "Hey, this is really good stuff. Take a 15 look at it." They text back and forth. I mean, they do all 16 the stuff on the phone just like we do, and pretty soon this 17 stuff is going to have to be in court. 18 Now, again, we go back to the situation of the only 19 way it can be is to give it to a lab to process. So, are we 20 willing to wait a year for this stuff to come back to court? 21 Are we willing to postpone justice for a year so we can get 22 it done? Now, this is the catch. The A.G.'s office and the 23 D.P.S. office, they do it for free, and you can't argue with 24 that. Law enforcement, we're on cut budgets, so we want it 25 for free. Is it worth free to wait a year to six months to 5-13-13 97 1 wait for justice? You know, when you put it down on paper 2 and you start adding it up, I don't think it is. Now, since 3 I've -- since I've retired, I do not do mobile digital 4 forensics any more. There are two people in the county that 5 do it, but it's strictly on an investigative level. They -- 6 they are not court presentable. I'm a certified expert in -- 7 in court. I was certified as an expert last year in the 8 198th on an aggravated robbery case where the guy said he 9 wasn't there, and his cell phone clearly showed that he was. 10 And so I analyzed his cell phone, and the guy was convicted. 11 Of course, he had other things there too that convicted him, 12 but my analysis added to his conviction. 13 What I'd like to do, I would like to offer the 14 services of VeriFi Laboratory, which is a digital forensics 15 lab, to the County. And, you know, I would love -- my dream 16 of this lab was to give it for free, because this information 17 is so needed -- the service here is so needed. It needs to 18 be. I mean, I -- I am -- I am all for law enforcement; I am 19 pro law enforcement down to the bone, and I want to give this 20 stuff for free. I don't think I can do it. I don't think I 21 can do it. The laboratory itself costs $234,000 just to 22 start, and that's not personnel. I just can't do it. So, 23 when I formed VeriFi Laboratories, I formed it as a 24 nonprofit, so we can subsidize through grants and 25 foundations, and we -- we give our services at little or no 5-13-13 98 1 cost to law enforcement. That's the best I can do. 2 What I'd like to do is, I would also like to offer 3 the services to the entire county, not just to the Sheriff's 4 Office. Sure, the Sheriff's Office can use it, but Probation 5 can use it. Your fire marshals can use it. Your constables 6 can use it. Even personnel can use it. Let me give you an 7 example of personnel use. Say you have a personnel problem 8 with a guy. He's on a county laptop and he's doing 9 inappropriate things on a county laptop. And -- and let's 10 just say he's -- you know, pornography is just coming up to 11 my mind right now, the cases that they work. So, he's 12 surfing pornography on his county laptop. You put him on 13 suspension for it, and before you can get the laptop back, he 14 has erased it all. He's erased all of it. And you get the 15 county laptop back and there's no evidence on it, and you've 16 just suspended him. Now he sues you for wrongful termination 17 and all his lost wages, plus a million for violation of his 18 civil rights. 19 Now, how are you going to prove that the stuff was 20 on the computer? Sure, you can have your I.T. guy pull it 21 off, but is he a court-certified expert? Did he do it in the 22 court-certified way? Is he -- is he a forensic scientist? 23 Can he present that stuff in court? No, he can't. He can't 24 do it. I mean, he could, but he'd be eaten alive by a 25 defense attorney. The way to do that is you take it to -- in 5-13-13 99 1 Kerr County, we'd have to send it to a digital forensics lab, 2 either in Austin or San Antonio, and you would have to pay 3 for that to be done. So, you would have to pay for the 4 analysis to be done; you'd have to pay for the certified 5 expert to come and testify as to that stuff being on the 6 computer, and you'd win the lawsuit, but it would really cost 7 you a lot. And this is what it comes down to; it comes down 8 to money. 9 So, I am -- I am offering my services on a retainer 10 contract with the county for a year, and I will offer these 11 services for $12,000 a year. $12,000 is basically -- that's 12 12 cell phones. If I analyze 12 cell phones for you guys, 13 you've gotten your money's worth. That's not including 14 computers that could be analyzed, expert testimony or 15 consultation between anybody on any type of forensic advice. 16 But this would be open to the entire county. Not just to the 17 Sheriff, not just to -- anybody that needs it, because the 18 application is -- is county-wide. The -- the benefits are 19 you are providing -- at less than a part-time wage, you're 20 providing a certified digital forensic scientist expert at 21 $12,000 a year at your disposal for whatever you guys needed 22 him for, and that's less than you can pay a guy to collect 23 trash part-time. 24 COMMISSIONER BALDWIN: No kidding. 25 MR. AYCOCK: But you're actually paying for a 5-13-13 100 1 highly-trained certified forensic scientist. 2 COMMISSIONER MOSER: Couple questions. 3 MR. AYCOCK: Sure. 4 COMMISSIONER MOSER: You say you're a certified 5 expert. Certified by whom? 6 MR. AYCOCK: I am certified -- now, that's a good 7 question. Certification -- like, when I went to the police 8 academy, I went through a yearlong police academy, and I was 9 certified to run everything in my car, carried on my belt, 10 wore on my head, everything. Now, in the forensics society, 11 there is no set standard certification. Yes, there will be. 12 It's not like DNA. 13 COMMISSIONER MOSER: So, there's not one right now? 14 MR. AYCOCK: Yes, I'm getting to that. 15 COMMISSIONER MOSER: Okay. 16 MR. AYCOCK: There -- there is one. Every device 17 that I use, I must go and be trained at -- trained to use by 18 the people who make the device, so I am certified to use 19 every device that I use by the manufacturer of the device. 20 COMMISSIONER MOSER: Okay. 21 MR. AYCOCK: So, I'm a certified Cellebrite user, 22 certified Lantern user, and I will be a certified M.P.E. Plus 23 user. Those are all mobile certifications that are set 24 forward by the -- by the manufacturers, and these are 25 accepted by the scientific community. 5-13-13 101 1 COMMISSIONER MOSER: One other question. 2 MR. AYCOCK: Sure. 3 COMMISSIONER MOSER: Historically, how much of this 4 type of service has the County needed in the last three 5 years? 6 MR. AYCOCK: That's a good question, too. Now -- 7 were you going to answer that? 8 MR. HENNEKE: Let me jump in on this. 9 MR. AYCOCK: Okay. 10 MR. HENNEKE: I think this warrants looking at in 11 the next budget, but I understand what Bill's doing is -- is 12 going to different jurisdictions, different government 13 entities, and trying to build a network. And I think this is 14 something we should look at, you know, in the next budget, as 15 we're putting together the budget. It's very much needed. 16 You know, it talks about -- it's not just the six months to a 17 year wait that he's talking about. We're underutilizing the 18 ability to go after this information. You know, D.P.S. and 19 -- and the Attorney General's Office, you know, they're only 20 getting the most heinous cases. But, you know, in every type 21 of -- or a lot of the types of arrests, you're finding that 22 cell phone; you're finding information. There's a ton of 23 information out there that law enforcement and the probation 24 officers are not collecting, that they could be collecting if 25 there was a place to have it analyzed. 5-13-13 102 1 Last year, through a collaborative effort with the 2 Juvenile Probation, or the Juvenile Probation Board -- or the 3 Juvenile Board for Kerr County, the 198th District Attorney's 4 office, the County Attorney's office, we went and purchased a 5 Cellebrite device, which is used to download the forensic 6 data from a cell phone, and then we had to pay to bring in 7 the trainer. And we paid and had representatives from P.D., 8 S.O., I.M.O., Adult Probation trained on this device. Well, 9 Bill was the only one that kept up with it, and so all of the 10 other law enforcement agencies in Kerr County, when he was 11 with the Ingram Marshal's Office, would ask him to come over 12 and dump their phones when they'd arrest somebody, so he was 13 doing it the for P.D., S.O., and so much, in fact, that 14 Marshal Zachary had to back him off and -- and limit that 15 ability. But the need is very much out there, and I think 16 that, you know, especially with the growing problems that we 17 have with drugs and other issues, if law enforcement has a 18 way to get this information in a way that can be properly 19 seized and preserved, they'll use it a whole lot more often 20 than -- than they would just normally. 21 COMMISSIONER MOSER: So, can we quantify the need 22 based on historical stuff? 23 MR. HENNEKE: I would say -- you know, Tom, I would 24 say that every drug arrest in Kerr County, whether it's for 25 possession or for dealing, you're coming across somebody 5-13-13 103 1 that's got an electronic device that could potentially have, 2 you know, information relative to that case and relative to 3 other cases that it might be interlined with, and that's a 4 lot of cases right there. Now, then, if you -- it's just 5 like -- it's just like fingerprints now. 6 COMMISSIONER MOSER: Okay. One other -- one other 7 problem. It takes a long time if we send it to somebody else 8 to do it for free. 9 MR. AYCOCK: Sure. 10 COMMISSIONER MOSER: But that's not necessarily the 11 basis in establishing when all the evidence comes in. 12 There's lots of other stuff, if it's drugs or if it's 13 alcohol. 14 MR. AYCOCK: Well, that's a good point. 15 COMMISSIONER MOSER: And other tests -- 16 MR. AYCOCK: Sorry to interrupt. That's a good 17 point. The D.P.S. lab and the A.G.'s lab, they're set up to 18 handle different parts of -- 19 COMMISSIONER MOSER: Right. 20 MR. AYCOCK: -- of evidence. So, the six-month 21 wait is actually for a cell phone device. 22 COMMISSIONER MOSER: Right. 23 MR. AYCOCK: They have -- you know, and they have 24 personnel problems just like we do, so they could have five 25 people run their lab, and they could get a cell phone done in 5-13-13 104 1 six months, or they've had a mass exodus because someone 2 didn't like something, or they've gotten a better offer 3 somewhere else, 'cause the private sector pays twice as much 4 for a forensic scientist, so they're down to two people, and 5 the backlog goes up to six months. But the people that are 6 doing the cell phones and the computers, mobile media, 7 they're not doing DNA; they're not doing fingerprints, just 8 mobile media. That lab does not do biological or alcohol or 9 fingerprints or anything. All we do is specifically digital 10 evidence. And, to quantify the need, I was part of a pilot 11 program that -- that Rob was talking about, and in -- in the 12 six months that I was part of that program, I did 100 cell 13 phones. I contributed to over 50 cases in six months, and I 14 contributed to cases for Kerr County, Kimble County, and 15 Kendall County, the Texas Rangers. And I -- basically, all 16 the surrounding counties, plus -- plus my own agency. The 17 Texas Rangers came to me twice because my turnaround on a 18 cell phone is one day, as compared to a year for D.P.S. So, 19 that's a 100 percent increase in time -- over 100 percent, 20 because the Texas Ranger came to me and said, "Hey, I need 21 this phone today," and I could do it for him. His own agency 22 can't even do it for him that fast. 23 COMMISSIONER LETZ: If I could try to move on, 24 'cause we have a lot of stuff left to do today, it sounds to 25 me -- one, this is a budget item, so it's nothing we're going 5-13-13 105 1 to act on today, at least from my standpoint. Sounds good. 2 What you need to do is convince the County Attorney, which it 3 sounds like you've convinced him. If the two D.A.'s and the 4 Sheriff figure out where they want to put it in their budget, 5 I'd sure vote for it. 6 MR. AYCOCK: And just to let y'all know, if you're 7 reading those packets, I've talked to some other people, and 8 they're all in agreement that this thing is needed. 9 JUDGE TINLEY: Ms. Hargis, you had a question? 10 MS. HARGIS: As I recall, -- I can't remember the 11 exact number -- we spent anywhere from 45,000 to 75,000, as I 12 recall, on this pilot program. It was a grant, but that's 13 how much we spent. 14 COMMISSIONER MOSER: Okay, thank you. Pretty 15 expensive stuff. 16 COMMISSIONER LETZ: Thank you. 17 MR. AYCOCK: Thank y'all. 18 COMMISSIONER BALDWIN: May I suggest that we -- as 19 an example, Number 2 here, talk to the Sheriff and just see 20 what he thinks about it, and -- 21 COMMISSIONER LETZ: Yeah. 22 COMMISSIONER MOSER: Yeah. I think that's what Jon 23 said; convince all those parties. 24 COMMISSIONER BALDWIN: He didn't say anything like 25 that; I'm saying that. 5-13-13 106 1 COMMISSIONER MOSER: You said it more succinctly. 2 COMMISSIONER BALDWIN: Yeah, absolutely. And I 3 think the Judge communicates with the I.T. guy, and because 4 he just -- he's a smart guy and he has good advice. 5 COMMISSIONER LETZ: Who, the Judge or the I.T.? 6 COMMISSIONER BALDWIN: The I.T. 7 COMMISSIONER LETZ: I just wanted to make sure we 8 were on the same page. 9 COMMISSIONER BALDWIN: Nevermind, I'll handle the 10 I.T. guy. 11 JUDGE TINLEY: You got him. 12 COMMISSIONER BALDWIN: But I think we need to get 13 advice from all those people, and see how it's working for 14 them now. 15 COMMISSIONER LETZ: I agree. 16 JUDGE TINLEY: I've got an important agenda item to 17 handle that now, and that's Item 20. 18 COMMISSIONER BALDWIN: All right. 19 JUDGE TINLEY: And that's to consider, discuss, and 20 take appropriate action on a proclamation declaring May 2013 21 as Older Americans Month. 22 COMMISSIONER BALDWIN: I move so. 23 COMMISSIONER OEHLER: Second. 24 JUDGE TINLEY: I have a motion and a second to 25 approve the agenda item. Further question or discussion? 5-13-13 107 1 Can you remember what it's about, Buster? 2 COMMISSIONER BALDWIN: What was it? 3 JUDGE TINLEY: All in favor of the motion, signify 4 by raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: Motion carried. Okay. Now, let's 9 go to Item 22; to consider, discuss, take appropriate action 10 to approve hiring/replacing a Deputy County Clerk position in 11 the County Clerk's office. Ms. Pieper? 12 MS. PIEPER: Gentlemen, I have a lady that has 13 resigned from my office and is now employed in the District 14 Clerk's Office, so I would like to replace that employee at a 15 14.1. 16 JUDGE TINLEY: 14.1? 17 COMMISSIONER LETZ: And my question -- were you 18 here earlier, when I -- 19 MS. PIEPER: I've been here all day, sir. 20 COMMISSIONER LETZ: Then you heard me make a 21 comment. Can you wait until after we go through the -- 22 MS. PIEPER: No, sir. I have 11 employees. When I 23 came in today, I've got one out on FMLA leave and I've got 24 two out sick, and we are running a skeleton crew, and I've 25 got one that's going to be going on FMLA leave for about six 5-13-13 108 1 weeks, and I just cannot see us getting the work done without 2 getting another employee in here as quick as possible for 3 training. 4 COMMISSIONER BALDWIN: Jannett, how many employees 5 have left your employment in the last year or so? 6 MS. PIEPER: Let me see, how many does the District 7 Clerk have? 8 COMMISSIONER BALDWIN: Yeah. What is it, four or 9 five? 10 MS. PIEPER: They have at least five of my 11 employees. 12 COMMISSIONER BALDWIN: At least five? 13 MS. PIEPER: And I was thinking that Court 14 Compliance may end up with one of them if -- however, since 15 y'all did a part-time employee, there I'm thinking I get to 16 hang onto one of mine for a little bit longer. 17 COMMISSIONER BALDWIN: Yeah. 18 MS. PIEPER: Because I'm at -- mine starts out at a 19 14, and I think they start out higher than mine. 20 COMMISSIONER LETZ: That's why we want to do the 21 study. 22 JUDGE TINLEY: That's one of the issues that Jon's 23 wanting to address, the disparity of -- and that's going to 24 be borne out probably by the Burnet and some of those others 25 that are being done. 5-13-13 109 1 COMMISSIONER BALDWIN: I move for approval, because 2 I believe that the lady needs to get the work done for the 3 county. 4 COMMISSIONER OEHLER: Second. 5 JUDGE TINLEY: We have a motion and a second for 6 approval of the agenda item. Question or discussion? All in 7 favor of the motion, signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 MS. PIEPER: Thank you. Just so y'all know, I'm 12 going to hire one of my part-time employees that has been 13 working for the J.P. office full-time, so I won't have to go 14 out for posting requirements, because I'm hiring within. 15 JUDGE TINLEY: Within? Okay. Item 23, consider, 16 discuss, take appropriate action regarding previous copier 17 machine in the Kerr County Attorney's office. 18 MR. HENNEKE: Thank you. I can't figure out a way 19 to explain this simply, so please bear with me. Our -- 20 COMMISSIONER BALDWIN: I can't believe you're doing 21 it. 22 MR. HENNEKE: Our lease expired some time ago. 23 We've been on a month-to-month with -- with Ricoh, and we 24 went with Xerox with Charlie Gleason. He had the old machine 25 that the lease expired, so we notified them that we weren't 5-13-13 110 1 continuing with them on a month-to-month basis any more, and 2 they needed to come get their copier. The corporate folks 3 sent me an invoice for the -- a removal fee. And I -- 4 JUDGE TINLEY: Removal? 5 MR. HENNEKE: Removal fee. And in the -- the 6 master agreement with -- with Ricoh from before me, it does 7 provide in there that if you don't renew your lease, then you 8 have to pay to send back the copier. So, I submitted the 9 payment to Commissioners Court for the removal fee. Y'all 10 approved it and it was made, and then the copier kept sitting 11 there. So, after a month, we contacted them and said, "When 12 are you going to come get the copier?" And they said, "Well, 13 you haven't paid the shipping fee." And I said, "Well, we 14 paid the removal fee." "Well, that's the just the fee giving 15 it back. You still have to pay to get it here." So, I had a 16 heart-to-heart with the local sales rep with Ricoh, and out 17 of the goodness of his heart, he said, "Well I'm going to -- 18 we're going to buy the copier, and then we're going to give 19 it to you." So, they -- he has -- they are buying it for the 20 cost of what it would take to ship it over there, and then 21 he's donated it to Kerr County to even things out. 22 So, attached in the backup for your approval is the 23 bill of sale, and their -- also their form where they're -- 24 they're transferring it to the County, and I ask that both of 25 those documents be approved for execution. The other part of 5-13-13 111 1 that is, I've got a perfectly good working copier that I 2 don't need. I got a new one that's updated, that meets our 3 needs. This old one's in working condition. So, wherever 4 y'all would like to put it, I mean, I don't know if any other 5 department that doesn't have a copier can use one, and until 6 it breaks. Like I said, we own it. Nobody's maintaining it, 7 but it works just fine. So, if -- you know, y'all can use it 8 wherever; it doesn't matter. It's sitting downstairs, and if 9 y'all would like to make the decision on what to do with it, 10 I'm glad for anybody else to have it, 'cause we just don't 11 need it. 12 COMMISSIONER LETZ: I would recommend that if we 13 don't have any takers by the -- maybe send out a county-wide 14 e-mail -- by the next meeting, we surplus it and sell it. 15 MR. HENNEKE: We could. I don't think we'll get 16 much for it. 17 COMMISSIONER LETZ: At least they'll have to haul 18 it off. 19 MR. HENNEKE: Well, sure. If anybody wants a 20 copier, I'll send out an e-mail. 21 JUDGE TINLEY: Is I.T. aware that you have this? 22 MR. HENNEKE: Well, they helped me set up the new 23 one. 24 JUDGE TINLEY: Okay. 25 MR. HENNEKE: So I don't -- 5-13-13 112 1 JUDGE TINLEY: But right now, you're asking the 2 Court to approve the acceptance of this copier from the 3 manufacturer/distributor to Kerr County at no cost? 4 MR. HENNEKE: Yes, sir. 5 COMMISSIONER LETZ: So moved. 6 COMMISSIONER OEHLER: Second. 7 JUDGE TINLEY: Motion made and seconded for 8 approval. Question or discussion? All in favor, signify by 9 raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: Motion carries. Let's go to Item 14 25; consider, discuss, take appropriate action on interlocal 15 agreement with Ingram Independent School District for 16 sealcoating at the Ingram Middle School and Ingram High 17 School. 18 COMMISSIONER OEHLER: Yes, Judge. I put this on. 19 We've been talking with Ingram School about doing some 20 sealcoat work for them. Rob has put together the interlocal 21 agreement, and it's -- they reimburse all materials, and just 22 like all the other agreements we have with other entities 23 like the fire departments and City of Kerrville and the City 24 of Ingram. So, I would move that we approve the interlocal 25 with Ingram Independent School District, effective 5-13-13 113 1 immediately, and for you to sign. 2 COMMISSIONER LETZ: Second. 3 JUDGE TINLEY: Motion made and seconded as 4 indicated. Question or discussion? 5 COMMISSIONER LETZ: Just a question, sort of. 6 Who's responsible for getting -- I mean, is there any work 7 that needs to be done before we -- it can be sealcoated? 8 COMMISSIONER OEHLER: It's in the agreement. We 9 are not responsible for anything other than sealcoating. 10 They have to get all the prep done, all the -- everything's 11 got to be done before we'll be ready to go in and do any work 12 at all. There's no maintenance whatsoever. 13 COMMISSIONER LETZ: Okay. 14 COMMISSIONER OEHLER: No prep work. 15 JUDGE TINLEY: They have traffic control and 16 everything else? 17 COMMISSIONER OEHLER: Well, there won't be any 18 there, because it will be done during the summer when there 19 aren't any kids around. 20 COMMISSIONER LETZ: Okay. 21 JUDGE TINLEY: Basically, the same arrangement as 22 we did with the fire department? 23 COMMISSIONER OEHLER: Right. And I will ask that 24 you sign that today, and Ingram is meeting tonight. They 25 would like to -- they have it on their agenda to approve and 5-13-13 114 1 sign. 2 JUDGE TINLEY: Have you had any discussion with 3 Mr. Odom about him being able to work this into his schedule? 4 COMMISSIONER OEHLER: Yes, sir. He's the one that 5 did the estimates, and the City of Ingram and the school are 6 supposed to get it all done at the same time, so when the 7 equipment is in the area, they'll do both at the same time 8 and get it over with. 9 JUDGE TINLEY: Okay. Any other question or 10 discussion? All in favor, 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 carries. Let's go to Item 16 26; to consider, discuss, and take appropriate action to set 17 a workshop to discuss options to return Upper Turtle Creek 18 Cemetery and School to the Turtle Creek Community. 19 Commissioner Baldwin? 20 COMMISSIONER BALDWIN: Thank you, sir. It's always 21 been a -- been our goal, is to fix the place up as best we 22 can with what money we had, and then return it to the 23 community, and I'm ready to do that now. There are some -- 24 what do you need? 25 MR. BELEW: I thought I was going to get to say 5-13-13 115 1 something about it. 2 COMMISSIONER BALDWIN: Well, when I get through. 3 MR. BELEW: Okay. 4 COMMISSIONER BALDWIN: There are options, I 5 understand. I had the discussion with the County Attorney, 6 and there seems to be different ways to go about doing -- 7 doing that. And so what I wanted to do is have a workshop. 8 I don't want to take all that time in here, like today. So 9 -- 'cause I want to have a special workshop for it, and so 10 that we can go over these options, and you guys -- we can 11 make a decision as a whole. 12 JUDGE TINLEY: Do you have a specific date in mind, 13 Commissioner? 14 COMMISSIONER BALDWIN: Yeah, I do. The second 15 meeting in June is when I'd like to do it, because I think 16 the attorney is going to be gone the first meeting in June. 17 MR. HENNEKE: I'll be here for the meeting; I just 18 won't be here for the first week in June, Commissioner. I'll 19 be here for the first Commissioners Court meeting. 20 COMMISSIONER MOSER: Can we have the workshop out 21 there? 22 COMMISSIONER BALDWIN: I don't know. 23 JUDGE TINLEY: No. 24 COMMISSIONER BALDWIN: I don't think you can 25 move -- 5-13-13 116 1 COMMISSIONER LETZ: We can't meet outside this 2 building unless we're at a joint meeting with another entity. 3 COMMISSIONER BALDWIN: It's not necessary, anyway. 4 COMMISSIONER MOSER: Okay. 5 COMMISSIONER BALDWIN: But you want -- you want to 6 go over a couple of the options and kind of to explain to 7 them what I'm talking about, and how this thing -- how this 8 thing could work? And so that -- that the County Attorney is 9 here to give us the legal actions and the different ways to 10 do it. 11 MR. HENNEKE: I'd be glad to prepare all that and 12 have a presentation with what I can come up with so far as 13 options for the Court, certainly, whenever it would be 14 convenient with y'all. 15 COMMISSIONER BALDWIN: So, that's what I'd like to 16 do. 17 JUDGE TINLEY: Okay. Well, let's see. We can nail 18 down a workshop time -- a date and time. 19 COMMISSIONER BALDWIN: Of course, the best -- the 20 best time I see is on the same day that we have the 21 Commissioners Court meetings, in the afternoon, 'cause we're 22 all here. It's just a convenience. 23 COMMISSIONER LETZ: It's summer; it's hot, so we 24 don't want to leave. 25 COMMISSIONER BALDWIN: Huh? 5-13-13 117 1 COMMISSIONER LETZ: Summer. It's hot, so we don't 2 want to leave. 3 COMMISSIONER BALDWIN: Yeah, don't want to go 4 anywhere. Might as well be here in the air conditioning. 5 JUDGE TINLEY: I see. 6 COMMISSIONER BALDWIN: So, what are the dates of 7 the June meetings? 8 JUDGE TINLEY: 10 and 24. The County Attorney will 9 be gone the first full week, but he will be here for the 10 meeting. 11 MR. HENNEKE: Yes, sir. 12 COMMISSIONER BALDWIN: Do you want to try it the 13 10th? 14 MR. HENNEKE: The 10th would work good for me. 15 COMMISSIONER BALDWIN: Super. Me, too. 16 COMMISSIONER LETZ: 1:30? 17 JUDGE TINLEY: 1:30 on the 10th of June. 18 COMMISSIONER BALDWIN: Sounds good. I don't know 19 that we need a court order. I think we -- 20 JUDGE TINLEY: Yeah. 21 COMMISSIONER BALDWIN: We just did it. Yes, sir? 22 MR. BELEW: What I'd like to know is if you want 23 some input from those of us that use it. 24 COMMISSIONER BALDWIN: We're going to do the legal 25 things first. 5-13-13 118 1 MR. BELEW: You might need to know some of the 2 history of what's going on out there to do that, and what 3 you're going to have to deal with. 4 COMMISSIONER MOSER: The workshop could include 5 that. 6 COMMISSIONER BALDWIN: That's correct. 7 MR. BELEW: Or any -- so, are citizens going to be 8 allowed to be at this thing? 9 COMMISSIONER MOSER: Yeah, it's a workshop. 10 JUDGE TINLEY: Sure, open meeting. 11 MR. BELEW: All of us are going to be part of that? 12 JUDGE TINLEY: Yeah, it'll be an open meeting. 13 MR. BELEW: Okay. 14 COMMISSIONER BALDWIN: My desire is to just turn it 15 back and do what we've always done prior to us taking the 16 thing over. 17 MR. BELEW: That will be good. 18 COMMISSIONER BALDWIN: But I'm not sure that that 19 legally can be done, see. So that's what -- 20 MR. BELEW: Well, I'll just say this. If it 21 doesn't go back like it was, then the County's going to get 22 into the funeral arrangement business. 23 COMMISSIONER BALDWIN: That's fine. We do that 24 today, if you look. 25 MR. BELEW: If that's what you want to do. 5-13-13 119 1 COMMISSIONER BALDWIN: No. 2 MR. BELEW: I'm just saying that the way it's run 3 in the past is -- is that people out in the community have 4 helped arrange funerals, find plots, find where the family's 5 supposed to be and so on. We've had four funerals since 6 February. 7 COMMISSIONER BALDWIN: I understand that. 8 MR. BELEW: And nobody knows when the next one's 9 going to be, so we don't have any signage out there right 10 now. If we had one call today, nobody would know where to 11 go. We've had them call from as far away as Llano. They've 12 tracked me down. And we don't have a sign on the building 13 telling them how to get a key to get in the building. We had 14 a funeral with a wake; they couldn't have it inside the 15 building. We've had other -- there's no sign. There was a 16 sign; I don't know who took it down. There was a sign on the 17 fence. 18 JUDGE TINLEY: Yeah. We can get into -- we can 19 explore all these things in that workshop. 20 MR. BELEW: Well, in between now and then, I don't 21 know what'll happen. 22 JUDGE TINLEY: Well, nor do I. 23 MR. BELEW: You got more than a month here -- 24 JUDGE TINLEY: Yeah. 25 MR. BELEW: -- in between. 5-13-13 120 1 JUDGE TINLEY: Nor do I. 2 MR. BELEW: I just want you to understand. I mean, 3 it's all fine and well to schedule the things, but it's 4 ongoing. It's today. 5 COMMISSIONER LETZ: But all we can do is schedule a 6 workshop. We can't do -- that's all that's on the agenda. 7 We can't take any action related to this. 8 MR. BELEW: I understand. But I don't know if you 9 understand how -- what all happens out there, and that's why 10 I want to make sure we have citizens to tell you that. 11 COMMISSIONER LETZ: Okay. 12 MR. BELEW: All right? Thank you. 13 JUDGE TINLEY: Okay. Let's move on to Item 27; to 14 consider, discuss, take appropriate action to set a workshop 15 to discuss criteria and qualifications for applicants for 16 Kerr County's First Responders program. 17 COMMISSIONER BALDWIN: Basically, the same kind of 18 thing. Eric Maloney, that is the training officer for the 19 City of Kerrville's fire department, as well as the First 20 Responders, has requested that we change our system up a 21 little, and his request is that we start -- in the First 22 Responder program, we start taking applications, number one. 23 Number two, do a background check on these people that are 24 requesting to be First Responders, and number three, get some 25 kind of health clearance. I personally don't have an issue 5-13-13 121 1 with applications or the background check. I don't -- no big 2 deal. But the health clearance thing, I don't think that 3 that's something that this Commissioners Court needs to get 4 involved in. We're not health people. We partially pay the 5 salary for the -- 6 JUDGE TINLEY: Medical director. 7 COMMISSIONER BALDWIN: -- medical director for the 8 ambulance service, so that's -- I'm not saying he works for 9 us, you know. "By gosh, he'll do what..." I'm not saying 10 that at all, but he may be the guy to go to, to -- to at 11 least get recommendations about his medical background. It's 12 not a bad idea, but I just don't think it's something that we 13 need to be dealing with. But I do kind of like the 14 application and the background check. But -- so I'd like to 15 set a workshop to talk about all of those things, all of that 16 stuff. 17 JUDGE TINLEY: Was there a particular date that -- 18 that the director -- 19 COMMISSIONER OEHLER: Same day we're doing the 20 other thing, just after it. 21 COMMISSIONER BALDWIN: I would prefer that. 22 JUDGE TINLEY: You think we can do them both? 23 COMMISSIONER BALDWIN: I do. 24 JUDGE TINLEY: Okay. All right, same date, which 25 is going to be June 10th at 1:30. 5-13-13 122 1 COMMISSIONER BALDWIN: 1:30 or 3:00, however you 2 want to do that. 3 JUDGE TINLEY: Well, I got juvies at 3:00, so try 4 and squeeze this in. 5 COMMISSIONER BALDWIN: We can do it. I believe we 6 can do it. 7 COMMISSIONER LETZ: And Mr. Maloney, you'll invite 8 him to that? Does he need to be there? 9 COMMISSIONER BALDWIN: No, he'll come, and -- and 10 the County Attorney. I mean, it's -- the whole thing -- in 11 my mind, the whole thing's a legal issue. And do we want to 12 actually put in county policy things regarding the, you know, 13 health care and stuff like that? I don't see that. If the 14 City wants to do that, that's their business, but I just 15 don't think that it's something that -- that's just -- that's 16 my opinion. Y'all may -- 17 COMMISSIONER OEHLER: You ought to come with some 18 policy options for us to consider, and then we can just -- in 19 the next court meeting, we can put it on and make that 20 decision. 21 COMMISSIONER BALDWIN: Well -- 22 COMMISSIONER OEHLER: Or is that something we need 23 to do? 24 COMMISSIONER BALDWIN: It's a little more than 25 that. That's -- this issue is part of what the City's 5-13-13 123 1 requesting that we do, and the EMS. 2 COMMISSIONER OEHLER: Well, so it becomes 3 mandatory? 4 COMMISSIONER BALDWIN: Trying to be, yeah. 5 COMMISSIONER LETZ: I think I'm kind of with you. 6 I think the -- I like the application. I like the background 7 check, because, I mean, these individuals are representing 8 that they're somehow connected to Kerr County. 9 COMMISSIONER BALDWIN: Yeah. 10 COMMISSIONER LETZ: And I think, you know, we don't 11 want to have a -- you know, some convicted felons or 12 something like that that we're approving to be part of our 13 program, so I think that's good. And I don't know -- to me, 14 I'm sure they'll be there. The H.R. person may be here too, 15 because if we're -- you know, I don't know -- I'm not sure 16 what our relationship is. I don't think -- I didn't think it 17 was much, but what relationship we have legally, or 18 personnel-wise with these people. 19 COMMISSIONER BALDWIN: Yeah. 20 COMMISSIONER LETZ: Just kind of what that -- I 21 never really have given this a whole lot of thought, to be 22 honest. 23 COMMISSIONER BALDWIN: Well, I hadn't either till 24 they brought it up. 25 COMMISSIONER LETZ: Okay. But we will on the 10th. 5-13-13 124 1 JUDGE TINLEY: We will talk about that. 2 COMMISSIONER BALDWIN: Thank you very much. I 3 thank you guys for your great leadership and guidance. 4 JUDGE TINLEY: All right. Let's go to Item 29; to 5 consider, discuss, take appropriate action to appoint a 6 member of Commissioners Court or designate a person to 7 perform investigation under Section 751.005 of the Texas 8 Health and Safety Code for the purpose of determining if the 9 minimum standards for insuring public safety and order as 10 prescribed by law will be maintained under the application 11 for a permit for mass gathering. I put this on the agenda in 12 response to a mass gathering permit that was filed by the 13 folks out at the Kerrville Folk Festival. And the individual 14 -- we've had this occur in the past, and we were able to 15 secure the -- the able services of an individual to do this. 16 Commissioner Baldwin has been the individual that we've 17 appointed heretofore. He did an exemplary job in doing that 18 investigation, making the report to the Court for 19 consideration of mass gathering permit. 20 COMMISSIONER BALDWIN: Do I get a certificate or 21 anything? 22 JUDGE TINLEY: Oh, yeah. Yeah, you got one. 23 COMMISSIONER OEHLER: You go. Looks like you're 24 going to get the job again. 25 COMMISSIONER LETZ: I make a motion that we appoint 5-13-13 125 1 Commissioner Baldwin. 2 COMMISSIONER OEHLER: I'll second it. 3 JUDGE TINLEY: Motion made and seconded for 4 appointment of Commissioner Baldwin -- 5 COMMISSIONER BALDWIN: I'm shocked. 6 JUDGE TINLEY: -- regarding Agenda Item 29. 7 Question or discussion? 8 COMMISSIONER BALDWIN: I'd like to say something 9 here. I see some -- 10 JUDGE TINLEY: All right. 11 COMMISSIONER BALDWIN: The board of directors for 12 the Quiet Valley is -- I thought I saw that -- the list of 13 names on here. Yeah, Michael D'Eath and Stuart Vexler and 14 those guys. This Michael D'Eath is a harmonica player from 15 over near San Marcos, and -- and somehow, he and I have been 16 thrown together to play music, and we've -- I've been to his 17 house and everything. He said, "Wait a minute, Buster 18 Baldwin? Aren't you the fire marshal?" (Laughter.) So -- 19 so, we've really arrived. We've arrived with some stuff. 20 So, that's all. Thank you. 21 JUDGE TINLEY: Further question or discussion? All 22 in favor, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 5-13-13 126 1 JUDGE TINLEY: Motion carries. Item Number 30, 2 consider, discuss, take appropriate action on future funding 3 for library. Commissioner Letz? 4 COMMISSIONER LETZ: I put this on the agenda 'cause 5 we've talked about this several meetings, and two weeks ago, 6 three weeks ago, whatever it was, I went through -- there was 7 a tour of the library. And I just think we ought to have 8 some closure to what we're doing here. First off, I'll say 9 that it's a fantastic library. I think the City's done a 10 great job. It offers all kinds of services, well run, 11 high-tech. You know, I certainly have no complaints with 12 that. The issue still comes back to me is that it's a city 13 facility, operated by the City. How we got here, if you go 14 over the history again, how it was originally started by the 15 Butt family, you know, the decision was made long ago that 16 the County was not going to have -- the decision was made by 17 the City that the County will have no oversight and input 18 into the operations of that facility. When that was 19 determined, the County started a direction of decreasing its 20 funding, and it's been very clear that funding was intended 21 to go probably to zero. 22 That being said, I think it is -- that does serve a 23 public good. It's important to the community, and I don't 24 oppose funding it. The number that I've given is about 25 $100,000, as a -- and it's kind of an arbitrary number, but 5-13-13 127 1 that's something I think that was a viable amount. But also, 2 I don't see why this should be treated as anything different 3 than we treat the Dietert Center, CASA, or any of the other 4 organizations that provide a community good to county 5 residents that we consider funding each year. And I think 6 the library, you know -- or let me go back. If the City 7 would like for us to help them fund the library, they need to 8 submit a request letter to us each budget year during our 9 budget. At that point, we'll make a decision, and with an 10 amount. And I think it's -- I don't see any point in going 11 into a long-term agreement we've had in the past. That, to 12 me, has caused nothing but heartburn between the City and the 13 County. I think we look at it on an annual basis. 14 I would encourage the City to submit a letter or a 15 request to us. This is the time of year when we get it. 16 And, you know, I will publicly say that I -- that I would 17 support funding about a $100,000 level. But it's a city 18 facility; it's up to them if they want to request it or not. 19 That's kind of -- I just wanted to -- that's where I am on 20 it. I know I've been very involved with this for the last 21 several months. I wanted to kind of put my position out 22 here, and that's what it is. 23 COMMISSIONER MOSER: Just to go on record for my 24 position on the thing -- and I know where Jonathan is. I 25 think it's interesting to look at -- see, the City and County 5-13-13 128 1 have agreed to operate this facility since 1967 on a 50/50 2 basis, and has done so up until last year. The -- in 2008, 3 the County paid over 50 percent, paid 444,000; in '09, about 4 50 percent, or 400,000; in '10, about 50 percent, or 300,000; 5 in '11, about 30 percent, or 200,000. As I've said many 6 times, I think this facility is an asset for the entire 7 community. It's probably one of the things that's needed as 8 much as a lot of the facilities and assets that we have, so I 9 would still move that the City -- and the County has 10 participated as a member of the Advisory Board. The Advisory 11 Board advises the City on the operations, just like some 12 other operations have been in the past. And I think it's 13 appropriate for the County -- about 50 percent of the 14 cardholders -- library cardholders or patrons, up until the 15 last two months, have been from the county, outside of the 16 city. 17 Since we have not contributed, and since the county 18 residents have had to pay the $65 a year now, the member -- 19 the participation has dropped by 85 percent for people 20 outside the county, so that shows that they're not using the 21 library like they were using it. We were checking out about 22 half of the books and half the services that were there. So, 23 all the evidence to me says the County is still at about 50 24 percent participation in this on the basis that it's been up 25 until this year. So, my position is, and I would strongly 5-13-13 129 1 support a 50 percent contribution from the County to the City 2 for the operation. I don't have any problems with the City 3 saying this is what the amount's going to be for this, and we 4 make -- make it as part of the budget process. I think 5 that's appropriate, and then we can determine the amount to 6 use, and if there's any open issues each year. So, I think 7 that that's a good idea. But that's what -- that's what my 8 position is, and we've talked -- Jonathan and I met with the 9 City and some of their officials, and we've bandied 10 about figures. They said fair share is 320,000. Jonathan 11 says 100,000. I say 250,000. Looked like that was getting 12 some favor there, so I think we can do that as part of the 13 budget process each year. So -- 14 COMMISSIONER BALDWIN: I think we're -- I think 15 you're both missing the point. Of all the testimony that has 16 been in this courtroom and people that I've talked to 17 privately about it, about 90 percent, maybe, or more even, is 18 related to the youth. The usage of the library, the youth. 19 How can our school kids get down there and -- you remember 20 those ladies that were in here pleading to us. If that's the 21 case, in my mind, I think that the issue should be shifted 22 over to the school systems and their library. You know, if 23 there is some kind of special programs that are -- have been 24 developed that the school can put computers in the library, 25 and some kind of program to help kids do their homework on 5-13-13 130 1 campus, I -- I can see this Court participating financially 2 in something like that. But just going over to the City and 3 giving them 50 percent of the money, I'll never vote for 4 anything like that again. 5 COMMISSIONER LETZ: I'll make just a -- I think it 6 was actually in the paper. I asked the City that very 7 question, have they gone to K.I.S.D. to fund it? Because so 8 much of what they told us at our, you know, walk-through of 9 the library was youth. And their answer was no, they have 10 not requested it, but they didn't think they would get it. 11 But the main part was they had not requested funding from 12 K.I.S.D. And there's a lot of things -- the library does a 13 lot, and I agree with everything you said about -- I think it 14 should be a -- K.I.S.D. should fund more of that if it's a 15 youth -- 16 COMMISSIONER BALDWIN: I think K.I.S.D. needs to 17 create their own library. That's my point. 18 COMMISSIONER LETZ: Another thing. The City -- 19 it's their library. There's a lot of things that they do 20 that I agree with, a lot that I don't agree with, but I'm not 21 making those decisions, and I know I'm not going to get to do 22 that. I mean, it's -- you know, it's their library. 23 COMMISSIONER MOSER: But the thing -- what's 24 interesting is, a lot of counties have independent school 25 districts. We've got multiple independent school districts. 5-13-13 131 1 Most counties have libraries. It's not mandatory that 2 counties support libraries, but they are supported, and 3 they -- they -- all the surrounding counties have no charge 4 to the residents to use the library for all the services. I 5 don't know what's -- number one, I don't know what's changed 6 in the last year or two. Yeah, I know there's some 7 interlocal agreements and things change there, but so what? 8 Those things happen all the time. But to have a facility 9 like that, and there's probably -- probably about 300 kids a 10 month that have been using the library, something of that 11 sort, so it's significant. Kids are not just it. As you go 12 over to the library, there's a lot of adults in there all the 13 time using the library -- libraries, the library services. 14 So, I don't -- I don't see why we're undoing something that's 15 worked so well for decades. I just don't understand what's 16 changed. 17 COMMISSIONER LETZ: It hasn't worked well. 18 COMMISSIONER OEHLER: It hasn't worked well. I 19 don't know where you got that idea, but it has not worked 20 well. 21 JUDGE TINLEY: Well -- 22 COMMISSIONER OEHLER: The budget used to be over a 23 million dollars a year, and we pulled -- we started cutting 24 the funding and taking some other responsibilities and 25 paying. All of a sudden, that budget dropped to where it is 5-13-13 132 1 today. 2 COMMISSIONER LETZ: Yeah. 3 COMMISSIONER OEHLER: So that tells me that the 4 money wasn't all being expended for the library services that 5 were being provided. And so, you know, there's a longer 6 history here than what you've seen. And all of a sudden, 7 that library doesn't cost near as much to operate as it did 8 back in 1999, 1998, 1996. Go back and look that far and see. 9 COMMISSIONER MOSER: And that's a good point, 10 'cause the budget has dropped 30 percent since 2008, so 11 that's a good point. 12 COMMISSIONER OEHLER: That is absolutely true. I 13 was on the Library Board -- I was the liaison for that until 14 I passed it off to Jonathan. 15 COMMISSIONER MOSER: It's me now. 16 COMMISSIONER OEHLER: But I want to say one more 17 thing about all this. If we're going to consider doing what 18 either one of you are suggesting, we also have to consider 19 Animal Control and Environmental Health that we are providing 20 for them at no charge. 21 COMMISSIONER MOSER: Absolutely. 22 COMMISSIONER OEHLER: You know, there's part of 23 your trade-off right there. 24 COMMISSIONER MOSER: I agree with that. 25 COMMISSIONER OEHLER: They need to be paying for -- 5-13-13 133 1 or at least giving credit for that against something else 2 they want. So far, we have not been able to make that 3 happen. 4 COMMISSIONER MOSER: I think that's an excellent 5 point. 6 COMMISSIONER OEHLER: And they need to go tour 7 Animal Control, and they need to go down and see about Ray's 8 office and what his workload is that we're doing inside the 9 city of Kerrville at absolutely no charge. 10 COMMISSIONER MOSER: I couldn't agree with you 11 more. 12 COMMISSIONER OEHLER: So if you want me to consider 13 any funding for the library, they're going to have to come to 14 the trough and do recognize those things as well. 15 COMMISSIONER MOSER: I think that's an excellent 16 point. 17 COMMISSIONER OEHLER: That's all I've really got to 18 say about it. 19 JUDGE TINLEY: The -- any of this is going to be a 20 budget issue, anyway. 21 COMMISSIONER MOSER: Sure. 22 JUDGE TINLEY: Irrespective of what way it goes. I 23 have been told about this 50 percent, quote, deal, and no 24 one, to my knowledge, has ever been able to produce a scrap 25 of paper, whether it be a coffee shop napkin or anything 5-13-13 134 1 else, that memorializes this so-called deal. I wasn't there. 2 You know, since Buster was there when they did the original 3 iron fence at the courthouse, he may have been at the 4 meeting; I don't know, but I wasn't there. And so I -- I 5 don't see that as -- as relevant, except that it -- it's a 6 good point for those that want to persuade the County that 7 maybe they have an obligation. When our -- when our 8 declining schedule for funding for the library was -- was 9 reached, that was part of an overall agreement, three-year 10 agreement that our obligation would be increased in other 11 areas in which the City and the County were jointly 12 interested, and at some point midpoint in that three-year 13 term, the City decided that, no, they wanted to -- to 14 participate more in one of these other areas, and 15 unilaterally decided to do that. The agreements were not 16 amended. Our obligation remained the same. But they, 17 according to my information, were fearful that they would 18 lose the degree of control in that particular area if they 19 didn't enhance their funding. I think it made no difference, 20 but that's neither here nor there. So, they unilaterally 21 agreed to -- not agreed, but started participating more. I 22 don't think that voided the rest of the agreement that said 23 our contribution to the library should not continue to 24 decrease. But as Commissioner Oehler said, there was some 25 trade-offs made in all of that, and I know the primary one 5-13-13 135 1 was Animal Control, 'cause there's an absolute obligation on 2 the part of the City to have Animal Control within the 3 corporate limits of the city of Kerrville. We've been 4 discharging that obligation under the law that they have for 5 them, and at no cost. So, there's some working pieces to 6 this puzzle that a lot of folks don't seem to be aware of. 7 The Environmental Health issues, solid waste primarily and 8 some other areas that our environmental people cover for the 9 city, that seems to be ignored. We've got -- we've got a 10 recycling center over there which is a rather large complex. 11 We own it lock, stock, and barrel. City doesn't pay anything 12 for it, and they have it available for their use and the 13 benefit of their citizens. This -- there's a lot -- a lot 14 more to this whole game than just talking about the library. 15 So, I'm thinking for those areas that we don't have any 16 control over -- operational control over or -- or ownership 17 position, that we should not contribute to them, and that in 18 those other areas where we do have ownership or operational 19 control over, we'll discharge our -- our obligation. So -- 20 but that's where we are. Any of it's going to be a funding 21 issue for budgetary purposes, anyway, and we'll consider that 22 when it comes up at the -- at the end of the -- this year, 23 going into next budget stuff. 24 COMMISSIONER MOSER: Well, I sure agree with 25 Commissioner Oehler and you both, that the interlocal 5-13-13 136 1 agreements between Animal Control and Environmental Health 2 and the library and all those things need to be put on the 3 table and balanced so that it's -- it's fair for both 4 parties. 5 COMMISSIONER LETZ: I think -- only comment I'll 6 make -- and I think, you know, we're almost saying the same 7 things here -- is that I don't want to tie things together. 8 I think that causes problems when some things change. I 9 think we have a library deal. We have a -- you know, 10 certainly Animal Control, and certainly solid waste and 11 O.S.S.F. And, yes, I think we should recognize that we're 12 doing these, and maybe you should do those. But I don't 13 really want agreements that tie this to that or the other, 14 because it just -- we just -- I haven't had a good experience 15 with a lot of agreements with the City. I think the fewer 16 agreements we have, the better. I think we handle these on 17 an annual basis, and I think, you know, it's very justifiable 18 that, you know, we just say we're doing these and we're not 19 charging you anything; maybe you should do some things and 20 not charge us. 21 COMMISSIONER OEHLER: That's exactly what I'm 22 saying. That's the way it's supposed to have worked out in 23 the end, but it seems like it comes back in a different form 24 every time we have another budget year. 25 COMMISSIONER MOSER: Let me understand. 5-13-13 137 1 Commissioner Letz, you didn't want to go forward with 2 requesting a grant to cover us this year until you had a 3 long-term multi-year agreement on the library. That was what 4 you said. 5 COMMISSIONER LETZ: I said -- 6 COMMISSIONER MOSER: So we did not -- 7 COMMISSIONER LETZ: No, wait. You said -- 8 COMMISSIONER MOSER: Let me finish. We did not 9 proceed far with that, because you wanted a long-term 10 agreement. You didn't want a short-term. 11 COMMISSIONER LETZ: I wanted -- 12 COMMISSIONER MOSER: Now you're saying you do not 13 want a long-term agreement; you want a year-to-year based on 14 the budget. 15 COMMISSIONER LETZ: I want a long-term direction, 16 not necessarily an agreement. And I think that the -- to me, 17 after looking at it, we should look at it on an annual basis. 18 And the grant is a totally different thing; it has nothing to 19 do with -- it's not that we didn't go for the grant. The 20 grantor did not want to do the grant. 21 COMMISSIONER MOSER: I was proposing a new grantor, 22 and it was not approved, so -- because you wanted a long-term 23 agreement. 24 COMMISSIONER LETZ: I want to know where we're 25 going. I don't want to just patch it year-to-year, no. I 5-13-13 138 1 want to know what -- a direction that we're going to go. 2 COMMISSIONER MOSER: End of discussion. 3 JUDGE TINLEY: Okay, we'll take this up at budget. 4 Let's go to Section 4 of our agenda. 5 COMMISSIONER BALDWIN: I move we pay the bills. 6 COMMISSIONER MOSER: Second. 7 COMMISSIONER OEHLER: Second. 8 JUDGE TINLEY: Motion made and seconded to pay the 9 bills. Any question or discussion? All in favor, signify by 10 raising your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: Motion carries. We don't have any 15 budget amendments, do we, Ms. Hargis? 16 MS. HARGIS: No. 17 JUDGE TINLEY: Late bills? Looks like there was -- 18 COMMISSIONER LETZ: One. 19 JUDGE TINLEY: One -- actually, three. Dealing 20 with -- this is in connection with the Community Development 21 Block Grant, isn't it? 22 MS. HARGIS: Yes, sir. 23 JUDGE TINLEY: Mr. Garcia, Hill Country Septic, 24 Arturo Alva, who is the contractor for septic, and then 25 Environmental Services dealing with the installation of all 5-13-13 139 1 of these, close out of that. 2 MS. HARGIS: Yes, I think it's to close it out. 3 MR. GARCIA: Yes. 4 JUDGE TINLEY: Those are the final numbers on that 5 last grant? Okay. Do I hear a motion that the late bills be 6 approved as submitted? 7 COMMISSIONER OEHLER: So moved. 8 COMMISSIONER LETZ: Second. 9 JUDGE TINLEY: Motion made and seconded for 10 approval of the late bills as submitted. Question or 11 discussion? All in favor, signify by raising your right 12 hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: The motion carries. I've been 17 presented with monthly reports from Kerr County Payroll; Kerr 18 County Treasurer for March 2013, as revised, Page 4; County 19 Clerk; Constable, Precinct 3, for February and March 2013; 20 Constable, Precinct 1; Constable, Precinct 4; Justice of the 21 Peace, Precincts 1, 2, 3, and 4; District Clerk; Constable, 22 Precinct 3; and Environmental Health Department and Animal 23 Control. Do I hear a motion that the indicated reports be 24 approved as presented? 25 COMMISSIONER MOSER: So moved. 5-13-13 140 1 COMMISSIONER BALDWIN: Second. 2 JUDGE TINLEY: Motion made and seconded that the 3 indicated reports be approved as presented. Question or 4 discussion? All in favor of the motion, signify by raising 5 your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: Motion carries. Let's move to 10 Section 5 of the agenda, reports from Commissioners in 11 connection with their liaison and/or committee assignments. 12 Commissioner Baldwin? 13 COMMISSIONER BALDWIN: Yes, sir. I just want to 14 report that I do not have any desire to be in the cemetery 15 business. 16 JUDGE TINLEY: I see. Nor the mortician business? 17 COMMISSIONER BALDWIN: Nor the mortician side of it 18 either. 19 COMMISSIONER MOSER: At some point, you're going to 20 be in the cemetery business. 21 COMMISSIONER BALDWIN: I may. I want to own it, 22 though. 23 JUDGE TINLEY: Anything further, Commissioner? 24 COMMISSIONER BALDWIN: No, thank you. 25 JUDGE TINLEY: Commissioner Moser? 5-13-13 141 1 COMMISSIONER MOSER: Nothing. 2 JUDGE TINLEY: Commissioner Letz? 3 COMMISSIONER LETZ: Nothing, sir. 4 JUDGE TINLEY: Commissioner Oehler? 5 COMMISSIONER OEHLER: No, sir. 6 JUDGE TINLEY: Okay. Reports from elected 7 officials and/or department heads? 8 MS. PIEPER: No, sir. 9 MR. GARCIA: I just want to say I recently attended 10 a T.C.E.Q. Environmental Trade Fair Conference, and once 11 again, Kerr County was mentioned for our programs. It's 12 basically everybody that was at the Trade Fair Conference, on 13 how well our environmental programs at Kerr County are 14 operating. So, just to let the Court know. 15 JUDGE TINLEY: You were poster child again; is that 16 what you're saying? 17 MR. GARCIA: Your staff definitely, those people 18 down there. 19 COMMISSIONER BALDWIN: Did you give us the credit 20 for it, though? 21 MR. GARCIA: Definitely. 22 COMMISSIONER BALDWIN: Yeah, okay. 23 MR. GARCIA: Of course. 24 COMMISSIONER BALDWIN: Long as you told them. 25 MR. GARCIA: Okay. 5-13-13 142 1 JUDGE TINLEY: Ms. Hargis? 2 MS. HARGIS: We did get the preliminary tax roll 3 when I left on Monday. It is up a little bit, but not 4 significantly. So, I haven't had a chance -- as you know, I 5 was at a conference as well. Fortunately, our District 6 Judges weren't there complaining about -- about me, but there 7 were three District Judges there, which was very interesting. 8 But it does look like we're going to be able to go up a 9 little bit, but not much. And keep in mind, last year we 10 started out using the preliminary roll. We got cut 11 significantly. So, you know, this will just be a preliminary 12 number. I want to put on your agenda for May, the next 13 meeting, for you to look at the revenue, because what I found 14 is a decrease in revenue in most departments, which really 15 worries me. So, I will have that analysis for you at the 16 next court day. 17 JUDGE TINLEY: You're looking -- looking forward 18 towards the probable fund balances at the end of the fiscal 19 year? Is what where you're coming from? 20 MS. HARGIS: Yeah, and analyzing them, you know, 21 from this time last year to this time this year. Our 22 balances are lower. Some of them, I can't -- there's not 23 even any funds in those accounts, so I'm thinking that they 24 may have been posted wrong, having done this at home. I'm 25 going to check on that. But a lot of the fees are down, and 5-13-13 143 1 -- and even if they're level, they're still going to come out 2 at the same level. Tax -- the sales tax is a little bit 3 better, but only by $131,000. That's not a significant 4 amount in the six-month period that we have. And we have a 5 full -- actually, we have -- yeah, we have six months in 6 there, so there's nothing that really is boosting us up. So, 7 as I hear you commit us to more funds, I just don't know 8 where we're going to find them, so that's why I want you to 9 look at the revenue early on this time, get a feel for it. 10 You know, I can only -- you know, I'm very conservative when 11 it comes to the revenue, so if it's not there, it's not 12 there. 13 COMMISSIONER LETZ: Is -- and not now, but it would 14 be interesting to know what we're -- if you block out Fox 15 Tank, as to what that amount is, and the other -- and not 16 right now. Next week, when it's on our agenda item. I don't 17 want to get into a discussion right now. And then the other 18 thing is power lines, where that is, and when it's going to 19 come out, what the anticipated impact's going to be of all 20 that. 21 MS. HARGIS: We had the confidential roll. Jody 22 can tell you, but we couldn't print it, so I didn't have a 23 chance to -- to go in and pull it on Fox Tank. But the 24 former Commissioner was here right before I left, and he 25 believes that, most probably, that most of the sales tax is 5-13-13 144 1 still going through Kendall County, because that office is 2 still open. So, we have to -- you know, we have to analyze 3 that. I'm seeing the same percentage of growth in sales tax 4 that I saw before we put Fox Tank on, so I'm not really -- 5 I'm thinking there that's why we ordered this confidential 6 roll. And I don't know if it has the power lines in there or 7 not. It's not going to show up right now, for sure. It 8 probably -- it's supposed to go online as soon as it's in 9 operation, and I -- you know, I don't know if they're going 10 to notify us as to when it's in operation or not. 11 COMMISSIONER LETZ: And those are just two -- two 12 big items that it'd be interesting to know as we're looking 13 at budget issues. 14 MS. HARGIS: I think the next year -- and, again, 15 Fox Tank, at the beginning of January -- remember, it's 16 what's on the ground as of January 1. If they had a slab on 17 the ground, that's generally 80 percent, which seems like a 18 lot, but that's usually what the Appraisal Districts refer to 19 as 80 percent. And I'm not sure how much of that was on the 20 roll. That may be where our difference is coming. 21 COMMISSIONER LETZ: How are we doing on sales tax? 22 MS. HARGIS: Yeah, the sales tax, it's hard for me 23 to tell, because I don't know what they've paid in the past, 24 but we'll look at it. And last time I ordered that roll, 25 remember, I gave it to all of y'all and you found some, but 5-13-13 145 1 we never really did anything about it. Now they won't give 2 us a hard copy, so we're going to have to figure out how to 3 print this thing off. We can't figure -- it's too wide for 4 any of our printers. 5 COMMISSIONER BALDWIN: It's confidential. 6 MS. HARGIS: I know. Isn't that crazy? And we had 7 to orders ours, even though the City already had it, but they 8 wouldn't share, so we had to order our own. But anyway, 9 we'll look at this next time. 10 COMMISSIONER BALDWIN: And then next meeting, if 11 we're going to have the conversation again and further this 12 conversation, let me tell you, don't launch into something. 13 I want to know more about what you were talking about, about 14 Kendall County. 15 MS. HARGIS: The -- 16 COMMISSIONER BALDWIN: Next meeting. 17 MS. HARGIS: Okay. 18 COMMISSIONER BALDWIN: I hope you explain that, and 19 let's talk about that just a little bit. 20 MS. HARGIS: It's called point of sale. 21 COMMISSIONER BALDWIN: Okay. Does that -- does 22 that change the more they move to Kerr County? 23 MS. HARGIS: It has something to do with the 24 painting of the tanks. Apparently, when they began here 25 actually manufacturing the tanks, the painting still took 5-13-13 146 1 place in Kendall County, and that was the point of sale. So, 2 therefore, the point of sale was there, so they got the sales 3 tax, supposedly. 4 COMMISSIONER BALDWIN: We need to have the point of 5 sale in Kerr County. 6 MS. HARGIS: They're supposed to be shutting that 7 facility down. 8 COMMISSIONER BALDWIN: I see, okay. Okay. You've 9 just explained it, thank you. 10 COMMISSIONER LETZ: Sheriff must be out of town, I 11 take it. 12 JUDGE TINLEY: I assume the Sheriff is again on 13 vacation. He could be in jail. 14 COMMISSIONER OEHLER: Maybe in some other state. 15 JUDGE TINLEY: Yeah. Anything? 16 MR. HENNEKE: No, thank you. 17 JUDGE TINLEY: Okay. Anything else to come before 18 us on this agenda? We're adjourned. 19 (Commissioners Court adjourned at 12:10 p.m.) 20 - - - - - - - - - - 21 22 23 24 25 5-13-13 147 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 22nd day of May, 2013. 8 9 JANNETT PIEPER, Kerr County Clerk 10 BY: _________________________________ Kathy Banik, Deputy County Clerk 11 Certified Shorthand Reporter 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5-13-13