1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, June 24, 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 June 24, 2013 2 PAGE 3 --- Commissioners' Comments 6 4 1.1 Consider/discuss, take appropriate action for final approval regarding revision of plat for 5 Lots 13, 18 and 19 of Live Springs Ranch 10 6 1.2 Public Hearing regarding revision of plat for Lots 17B and 18A of Cypress Springs Estates, 7 Phase I 17 8 1.3 Consider/discuss, take appropriate action for final approval regarding revision of plat for 9 Lots 17B and 18A of Cypress Springs Estates, Phase I 18 10 1.4 Public Hearing regarding revision of plat for 11 Lot 11 and one-half portion of Lot 12 of Wood Ridge Estates 19 12 1.5 Consider/discuss, take appropriate action for 13 final approval regarding revision of plat for Lot 11 and one-half portion of Lot 12 of Wood 14 Ridge Estates 19 15 1.6 Consider/discuss, take appropriate action for approval to declare list of Road and Bridge 16 equipment as surplus, list them on GovDeals.com 23 17 1.7 Consider/discuss, take appropriate action to accept preliminary revision of plat for Lot 10R 18 and Lot 8 of Cave Springs Addition, Section 5, Phase 1, Block C; set a public hearing 25 19 1.8 Consider/discuss, take appropriate action to 20 accept preliminary revision of plat for Lots 17, 18, and part of Lot 16 of Saddlewood Estates, 21 Section 2, Block 5; set a public hearing 27 22 1.9 Consider/discuss, take appropriate action to accept Debbie Tate’s retirement request effective 23 June 30, 2013, and hire new employee at a 14.1 34 24 1.10 Consider/discuss, take appropriate action on implementation of the burn ban 34 25 3 1 I N D E X (Continued) June 24, 2013 2 PAGE 3 1.12 Consider/discuss, take appropriate action regarding County Law Library, including relocation 35 4 1.13 Consider/discuss, take appropriate action to 5 approve and authorize execution of Amendment to Master Agreement with Ricoh USA, Inc. 41 6 1.14 Consider/discuss, take appropriate action on 7 agreement with the Friends of the Historical Commission regarding Union Church Building 42 8 1.15 Consider/discuss, take appropriate action to 9 approve amended contract with Thompson Reuters for online legal research services 49 10 1.16 Consider/discuss, take appropriate action 11 regarding online legal research Patron Access in County Law Library, including termination of 12 existing service with Thompson Reuters and execution of agreement with LexisNexis 51 13 1.11 Report on the 3rd Annual KerrFest and request to 14 lease Hill Country Youth Event Center for the 4th annual KerrFest, May 12-19, 2014 56 15 1.17 Consider/discuss, take appropriate action to 16 initiate process and or steps to construct fire station on Ranchero Road on property owned by 17 Kerr County 61 18 1.18 Consider/discuss, take appropriate action to approve request by First Baptist Church of 19 Center Point to close one block of Avenue C between China Street & First Street for one 20 hour on Monday evening, July 22nd, for community-wide Vacation Bible School activity 62 21 1.19 Consider/discuss, take appropriate action on 22 proposed budget calendar for 2013-14 and proposed workshop schedule for consideration 23 of budget matters 63 24 1.21 Consider/discuss, take appropriate action to approve Kerr County’s participation in Texas 25 Association of Counties “Biometric Screening Pilot Program” 66, 76 4 1 I N D E X (Continued) June 24, 2013 2 PAGE 3 1.22 Consider/discuss, take appropriate action to designate Human Resources Director Dawn Lantz 4 as Kerr County Risk Manager for claims, and the contact person (Pool Coordinator) for Texas 5 Association of Counties Risk Management Pool 67, 73 6 1.23 Consider/discuss, take appropriate action to negotiate contract with Tetra Tech for 7 professional engineering services pursuant to the "Regional Water and/or Wastewater 8 Facilities Planning Grant" 71 9 4.1 Pay Bills 78 4.2 Budget Amendments 78 10 4.3 Late Bills -- 4.4 Approve and Accept Monthly Reports 79 11 5.1 Reports from Commissioners/Liaison Committee 12 Assignments -- 5.2 Reports from Elected Officials/Department Heads 80 13 1.24 Consider/discuss, take appropriate action, 14 including to confer with County Attorney, regarding Teal Trading & Development, L.P. 15 vs. Champee Springs Ranches Property Owners Association, Cause No. 04-12-00623-CV, 4th 16 Court of Appeals (Executive session) -- 17 3.1 Action as may be required on matters discussed in Executive Session 83 18 1.20 Presentation by Mark Carpenter of MGT of America, 19 Inc., regarding Kerr County job description/ classification study, organization structure, 20 and salary and benefits survey 84, 88 21 --- Adjourned 99 22 23 24 25 5 1 On Monday, June 24, 2013, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, June 24th, 2013, at 9 a.m. It is that 11 time now. Commissioner Oehler? 12 COMMISSIONER OEHLER: Please join me in a word of 13 prayer and the pledge. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. Be seated, please. At 16 this time, if there's any member of the audience or public 17 that wishes to be heard with regard to a matter which is not 18 a listed agenda item, this is your opportunity to come 19 forward and tell us what's on your mind concerning that 20 matter. If you want to be heard on an agenda item, we'd ask 21 that you fill out a participation form. There should be some 22 located at the rear of the room. That gives me a heads-up 23 that we have participants on that particular item. However, 24 if you haven't filled out a participation form and we get to 25 that item and you wish to be heard, get my attention in some 6-24-13 6 1 manner and I'll give you that opportunity to be heard. But 2 right now, if there's any member of the public that wishes to 3 be heard on a matter which is not a listed agenda item, this 4 is your opportunity to come forward and be heard. Seeing no 5 one seeking recognition or coming forward, we'll move on. 6 Commissioner Oehler? 7 COMMISSIONER OEHLER: Well, I -- I had contact with 8 Divide Fire Department, and I believe they were very 9 successful in their fundraiser. I believe they're going to 10 net out about 40,000. 11 COMMISSIONER MOSER: Wow. 12 COMMISSIONER OEHLER: It was raining that day out 13 there, and it didn't seem to bother the crowd. Had about 700 14 steaks that were cooked, and I guess I was on a good many of 15 them, but very, very successful. And I think that's about 16 it. 17 JUDGE TINLEY: Commissioner Baldwin? 18 COMMISSIONER BALDWIN: I don't have anything going 19 on, except I ate one of those steaks, and it was -- 20 JUDGE TINLEY: Just one? 21 COMMISSIONER BALDWIN: Just one. That's all they 22 would allow me to eat. And great party, great fundraiser, 23 great function. It's attended by people from different 24 counties. That's the part that really kind of turns me on, 25 is like three or four different counties, Rocksprings and 6-24-13 7 1 Leakey and all that area, people go to that thing, and it's a 2 pretty class act. But I do have comments later on in our 3 agenda, and I'll reserve myself till then. 4 JUDGE TINLEY: All right. Commissioner Moser? 5 COMMISSIONER MOSER: Let's see. Center Point 6 Wastewater System, we had a public hearing, which we're 7 required to do. Commissioner Letz and myself were there. 8 Kathy was there being the official note-taker. So, mission 9 accomplished. We didn't have any issues that came up, so it 10 -- it moves forward for the next step. So, good -- good 11 turnout and good meeting. 12 JUDGE TINLEY: Is that it? 13 COMMISSIONER MOSER: That's it. 14 JUDGE TINLEY: Commissioner Letz? 15 COMMISSIONER LETZ: Just a quick baseball note. In 16 addition to the College World Series going on at Omaha, 17 there's also some select tournaments going on at the same 18 time, and two area teams won their respective divisions. 19 First, the 12 and under group was won by a team out of 20 Boerne, which I believe a couple Kerrville kids are on it, 21 possibly. But -- and then the 13 and under was won by the 22 Kerrville Indians. So, it's a -- it says a lot for the 23 baseball in the Hill Country. The Indians beat, I think, 24 Franklin, Tennessee, the championship game. I'm not sure who 25 the Boerne team beat, but there'll be continued ongoing 6-24-13 8 1 rivalry, I suspect, between Kerrville and Boerne as both of 2 them are developing a lot of young players that will feed up 3 into their high school programs. Congratulations to both 4 those teams. That's it. 5 JUDGE TINLEY: Is that it? I was fortunate to be 6 able to attend an event Saturday evening sponsored by Fox 7 Tank. It was -- started out during the day as a celebrity 8 golf classic, and will probably get some notoriety as a 9 result of that, because in one of the -- one of the golfing 10 foursomes, there was a youngster, 13 years old, that did a 11 hole-in-one and won himself a Mercedes coupe. So -- so, I 12 think it'll get some notoriety from that alone. And -- and 13 it was a fine event. Robert Earl Keen was entertaining and 14 so forth, and they had some silent and live auction items and 15 raffles that -- one matter of note. One of the raffles was a 16 barbecue pit, which was won by Mayor Pratt, and I'm -- I'm 17 sure that what will be forthcoming on that, in order to break 18 that thing in, is a -- is an invitation to members of the 19 Court to attend a barbecue, break that little item in. So, 20 we look forward to that. 21 COMMISSIONER LETZ: Who was the 13-year-old? 22 JUDGE TINLEY: The 13-year-old was a young man from 23 Oklahoma. I can't recall his name. I'm sure you'll -- 24 you'll see something in the local newspapers about it. But 25 it -- bright red Mercedes coupe there, and he won her. 6-24-13 9 1 COMMISSIONER MOSER: He's going to have a lot of 2 girlfriends. 3 JUDGE TINLEY: I think mom and pop were very, very 4 careful to make sure that when he had possession of the keys, 5 that they had an eye on him. I understand he was not -- 6 hadn't been playing golf that long, but I'll bet you he's 7 hooked now. (Laughter.) 8 COMMISSIONER OEHLER: Judge, I've got one more 9 thing I'll mention. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER OEHLER: Road and Bridge has done its 12 work on the sealcoat at the Event Center, and it's looking 13 real good. Got most of the parking lot on the west side 14 done, a little bit on the south. They're going to finish, I 15 think, this week. Is that right, Len? 16 MR. ODOM: Yes, sir. 17 COMMISSIONER OEHLER: Going to get the double on 18 everything, and so there won't be any more dust. Every time 19 they got ready to seal it, they got rain and had to redo it. 20 They redid that three times before they finally got it -- got 21 it done, but it really looks good. And they also did the 22 Divide Fire Department, that -- on that agreement we had with 23 them for reimbursement, got that done. It looks really good, 24 and it really was nice to have that and not have people 25 tracking around in the mud, 'cause it rained the whole time 6-24-13 10 1 during that steak event. So, those two things. The crews 2 did a great job, and it's looking really fine. Everybody's 3 appreciative. 4 JUDGE TINLEY: Yeah, I was out -- I was out at the 5 barn, and it looks absolutely wonderful on the west side. 6 And I understand -- Leonard said he was going to be dressing 7 up the back and the east side. I believe they'll be getting 8 to that next week, I believe you said, Leonard? 9 MR. ODOM: Yes, sir. 10 JUDGE TINLEY: Okay. He's got something else to 11 shoot this week, and he's going to get to that. While that's 12 getting dressed up, he'll come back and shoot it next week. 13 COMMISSIONER OEHLER: That's it. 14 JUDGE TINLEY: Let's get on with our business. The 15 first item is a 9 o'clock timed item to consider, discuss, 16 and take appropriate action for the Court's final approval 17 regarding the revision of plat for Lots 13, 18, and 19 of 18 Live Springs Ranch as set forth in Volume 7, Pages 374 19 through 378, and located in Precinct 4. Mr. Odom? 20 MR. ODOM: Yes, sir. This is what we had two weeks 21 ago, and that we passed on until I believe Gillespie County 22 met, was the direction of the Court. So, we're bringing this 23 back to you for the Court's approval -- the final approval 24 regarding the revision of Lots 13, 18 and 19 of Live Springs 25 Ranch, Volume 7, Page 374 through 378, in Precinct 4. This 6-24-13 11 1 was combining three lots into one. 2 COMMISSIONER OEHLER: According to the County 3 Attorney and from all the legal, we do this sort of thing all 4 the time, so I think to delay it would not be fair. I think 5 we'd be opening ourselves up for some legal issues, and we 6 don't need to be doing that, I think. So, I'll move that we 7 approve the final revision of plat for Lots 13, 18, and 19 of 8 Live Springs Ranch, Volume 7, Page 374 through 378. 9 COMMISSIONER LETZ: Second. 10 JUDGE TINLEY: We have a motion and a second. 11 Question or discussion on the motion? I have some 12 participation forms here that were filed. The first one is 13 Mr. Chet Whatley. 14 COMMISSIONER BALDWIN: What was the last name? 15 JUDGE TINLEY: Whatley. 16 MR. WHATLEY: Good morning. Chet Whatley, 100 17 Sedalia Trail, Live Springs Ranch. We property owners do not 18 object to combining this property, as far as the 18, 19 -- or 19 the 18, 19, and 13. What we do object to is their motives, 20 the objective, and what they -- what they proposed here two 21 months ago was to combine these, and then they want to sell 22 them out of the subdivision. And that was admitted to me by 23 the head of Diamond Properties. That was -- that's what 24 they're doing. Why, I don't know, the reason of the 25 combination. The -- we had a meeting; we're in negotiation 6-24-13 12 1 to some degree with them. We proposed what the property 2 owners wanted, what we could do, how to replat it where 3 everybody would -- I think we would be happy, where we don't 4 have 8-foot fences stuck around us. So, as far as combining 5 those, there's no reason not to. They end up with 100 acres 6 to sell versus some platted 30 or 40 acres. I don't know 7 that, what the reason would be. They can't sell what they 8 have now. That's the reason they're trying to sell out to 9 this rancher to the north. But they're slowly taking the 10 whole subdivision. 11 And it was denied in Fredericksburg; Gillespie 12 County denied their last removal of property to the north, so 13 they don't have that to remove. Now, this is south of that, 14 and that's -- whatever their plan is, we don't know. We're 15 just trying as property owners out there to protect some 16 semblance of a subdivision that we had in what we started 17 with. So, all we're doing is asking that -- that when they 18 come before you again to remove it, you know, that's going to 19 be a serious -- where we -- we're going to stand up and say 20 no, unless we come to some negotiated agreement. Now, we 21 offered to give them part of 13, at an angle across there 22 where fences don't run along the other property owner's line. 23 That has been proposed. We also, to the north in Gillespie 24 County, proposed to put some fence lines in behind the 25 property, not up on the roads where they're being locked in. 6-24-13 13 1 Mr. Letz, you asked for a plan. Right now, the 2 only plan we get is just piecemeal, and there's not a plan 3 for that subdivision except to sell off what you can and get 4 out. Now, under the rules of -- and I'll defer to the County 5 Attorney on this, but 282 says if they own 75 percent of the 6 property, they can put application to you gentlemen. They 7 only own 59 percent now. That puts it under a different set 8 of rules, as far as I'm concerned, so that's a whole 9 different ballgame. The property owners now do not have to 10 have 10 percent writing in to you. They don't have this. 11 The discretion -- I don't know what the discretion of the 12 Court is when they don't own at least 75 percent, but the 13 discretion of the Court above that is what you decide to do 14 if you get 10 percent in writing. That was the application 15 they made into Gillespie County, and they were denied. We 16 had over 10 percent of property owners objecting to their 17 plan. So, with that, I'll leave. Thank you for your time. 18 JUDGE TINLEY: Thank you, sir. 19 COMMISSIONER MOSER: So, on the issue, you have no 20 objection to that, but just a future thing that will come up 21 where you said they're going to ask to sell off -- sell out 22 of the subdivision, and that has to come back? 23 MR. WHATLEY: That is what they have been doing up 24 till now, and I can't answer for them. They're here today. 25 What I can say is they've sold everything to the north, about 6-24-13 14 1 1,600 acres, I believe, that was roads and property, that 2 when we went out there was open area, and we were told that 3 was our subdivision. Well, that's gone. Now we've got four 4 right-of-ways going through the property which we had no 5 input on, which I still feel today it was probably wrong, and 6 real wrong, because now we got a gentleman that's using our 7 land in perpetuity. And he did file to pay $400 a year to 8 maintain -- help maintain the roads, and he wasn't required 9 do that, but he did. And that's okay, I guess, other than 10 civil court; we could go and fight that and probably win it, 11 but that -- we don't know whether we want to do that yet or 12 not. That's still an option. Because the right-of-way's 13 definitely a wrong -- nobody should be given a key into a 14 subdivision after you bought your property and had guarantees 15 of what right-of-ways were when you signed your covenants and 16 restrictions. Then they changed them, all because of a sale 17 outside the property, not to help our property. 18 And the state law clearly states that if they use 19 it for economic reasons, for development of the property. 20 Well, they weren't developing the property; they were 21 developing their pocketbooks, and that's just bottom line. 22 That's the way I see it, and that's just it. So, we have 23 those issues that have come up, and we're trying to negotiate 24 with them now, talk to them. We've sat down and had one 25 meeting with them. We've had no reply yet, and that was a 6-24-13 15 1 week ago Friday, so we don't know. We proposed what we had. 2 They've not come back to us with anything -- well, they did. 3 I'm sorry, they offered us -- if we would accept their offer, 4 they would give us one tract of land of our choosing. Well, 5 that's not acceptable, because we're not into it to be land 6 developers. What we're into it is to keep those fences away 7 from people's property with 8-foot wire around them, and make 8 islands out there, and that's what we're against. So, that's 9 -- that's the whole issue. 10 COMMISSIONER BALDWIN: Chet, are they in the room 11 today? 12 MR. WHATLEY: I'm sorry? 13 COMMISSIONER BALDWIN: Are they in the room today? 14 MR. WHATLEY: Yes, they are. 15 AUDIENCE: Yes, Your Honor. 16 COMMISSIONER BALDWIN: Wait a minute, I'm speaking. 17 They should be pretty clear about what your desires are. 18 MR. WHATLEY: I would think so. 19 COMMISSIONER BALDWIN: Yeah, okay. That's all. 20 MR. WHATLEY: I made no secret of that since day 21 one for six months now. So, -- 22 COMMISSIONER BALDWIN: Okay. 23 MR. WHATLEY: -- clearly, we're just trying to 24 protect what we bought and paid for. Okay. 25 JUDGE TINLEY: Thank you, sir. 6-24-13 16 1 COMMISSIONER BALDWIN: Thank you. 2 MR. WHATLEY: Thank you. 3 JUDGE TINLEY: Mr. James Warnix. 4 MR. WARNIX: Yes, morning. I'm Jim Warnix; I live 5 at 131 Sedalia Trail. I endorse everything my neighbor and 6 friend, Mr. Whatley, said. We know that, you know, the game 7 plan of the developer is to vacate and remove from our 8 subdivision as many of these unsold lots as they can. They 9 want to -- they want to clear out and get out of it, get out 10 of this business. I know this isn't on the agenda today. 11 I've got a lot of strong points and issues that I'd like to 12 raise at the appropriate time. I'm not going to do it today. 13 We're just here to talk about combining these three lots into 14 one, and I -- like Mr. Whatley, I don't have any objections 15 to doing that. I just have a question. What does this 16 accomplish? If they're going to turn around in the near 17 future and try to vacate and remove a 100-acre lot, are they 18 saying that they wouldn't be successful in removing the three 19 individual lots? I don't see that we're doing anything 20 except just wasting my time and your time and other people to 21 do this. To me, unless somebody can explain it to me, I'm 22 just not smart enough to understand how this accomplishes 23 anything. But if they want to do it, fine. I don't have any 24 issue with that. That's all I have to say today. 25 JUDGE TINLEY: Thank you, sir. 6-24-13 17 1 MR. WARNIX: Okay. 2 JUDGE TINLEY: I have a communication from a Nicki 3 Barney, an e-mail relative to this particular matter. And 4 I'm going to give this to the clerk to include as part of the 5 record of these proceedings. Anyone else that wishes to be 6 heard on this matter? Any further question or discussion by 7 any member of the Court? All in favor of the motion, signify 8 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: That motion does carry. At this 13 time, I will recess the Commissioners Court meeting and 14 convene a public hearing regarding the revision of plat for 15 Lots 17B and 18A of Cypress Springs Estates, Phase I, as set 16 forth in Volume 7, Page 126, and located in Precinct 4. 17 (The regular Commissioners Court meeting was closed at 9:17 a.m., and a public hearing was held in open 18 court, as follows:) 19 P U B L I C H E A R I N G 20 JUDGE TINLEY: Is there any member of the public 21 that wishes to be heard with regard to the revision of plat 22 for Lots 17B and 18A of the Cypress Springs Estates, Phase I, 23 as set forth in Volume 7, Page 126? Seeing no one seeking 24 recognition or otherwise coming forward to be heard, I will 25 close the public hearing regarding the revision of plat for 6-24-13 18 1 Lots 17B and 18A of Cypress Springs Estates, Phase I, and set 2 forth in Volume 7, Page 126. 3 (The public hearing was concluded at 9:17 a.m., and the regular Commissioners Court meeting was 4 reopened.) 5 - - - - - - - - - - 6 JUDGE TINLEY: And I will reconvene the 7 Commissioners Court meeting and call Item 3; to consider, 8 discuss, and take appropriate action for the Court's final 9 approval regarding the revision of plat for Lots 17B and 18A 10 of Cypress Springs Estates, Phase I, as set forth in Volume 11 7, Page 126. 12 MR. ODOM: Yes, sir. Mr. and Mrs. Phillips own Lot 13 17B and 18A in Cypress Springs Estates. They would like to 14 combine both 17B and 18A to make Lot 18R. So, at this time, 15 we ask the Court for their final approval regarding revision 16 of plat for Lots 17B and 18A, Volume 7, Page 126, Precinct 4. 17 COMMISSIONER OEHLER: Move approval. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval. Question or discussion on the motion? All in 21 favor of the motion, signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: That motion does carry. At this 6-24-13 19 1 time, I will recess the Commissioners Court meeting and 2 convene a public hearing regarding the revision of plat for 3 Lots 11 and one-half portion of Lot 12 of Wood Ridge Estates 4 as set forth in Volume 4, Page 175, and being located in 5 Precinct 2. 6 (The regular Commissioners Court meeting was closed at 9:18 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: Any member of the public who wishes 10 to be heard with regard to the revision of plat for Lots 11 11 and one-half portion of Lot 12 of Wood Ridge Estates as set 12 forth in Volume 4, Page 175, and being located in Precinct 2? 13 Seeing no one coming forward or otherwise seeking recognition 14 to be heard, I will close the public hearing regarding the 15 revision of plat for Lots 11 and one-half portion of Lot 12 16 of Wood Ridge Estates, as set forth in Volume 4, Page 175, 17 and located in Precinct 2. 18 (The public hearing was concluded at 9:18 a.m., and the regular Commissioners Court meeting was 19 reopened.) 20 - - - - - - - - - - 21 JUDGE TINLEY: And I will reconvene the 22 Commissioners Court meeting and call Item 5; consider, 23 discuss, and take appropriate action for the Court's final 24 approval regarding the revision of plat for Lots 11 and 25 one-half portion of Lot 12 of Wood Ridge Estates, as set 6-24-13 20 1 forth in Volume 4, Page 175, and being located in Precinct 2. 2 Mr. Odom? 3 MR. ODOM: Yes, sir, Judge. Mr. and Mrs. Podhaisky 4 own Lot 11 and one-half of the east portion of Lot 12. The 5 couple would like to combine both of these lots. The 6 location of this property falls within the city of 7 Kerrville's ETJ, so the language on the plat is for City 8 purposes. At this time, we ask the Court for their final 9 approval of the revision of plat for Lots 11 and one-half 10 portion of Lot 12, Volume 4, Page 275, Precinct 2. 11 COMMISSIONER MOSER: So moved. 12 COMMISSIONER OEHLER: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval of the agenda item. Question or discussion? 15 COMMISSIONER LETZ: Question. And the other half 16 of Lot 12 belongs to the other adjoining property? We're not 17 leaving a -- a little sliver of a lot out here? 18 MR. VOELKEL: That's correct. That's correct. 19 COMMISSIONER LETZ: Okay. I wanted to make sure we 20 weren't leaving a little strip out there. 21 JUDGE TINLEY: Half a lot? 22 COMMISSIONER LETZ: Half a lot. 23 COMMISSIONER OEHLER: Half a lot just lying there. 24 JUDGE TINLEY: Any other questions? Comments? 25 Discussion? 6-24-13 21 1 COMMISSIONER BALDWIN: Well, yeah. How much 2 acreage is in that sliver that we're leaving? 3 COMMISSIONER OEHLER: It's part of another one. 4 COMMISSIONER BALDWIN: Yeah. How much? 5 COMMISSIONER OEHLER: Well, it's owned by 6 adjoining -- 7 COMMISSIONER MOSER: Let's see, I can divide -- .61 8 acres. It's actually -- 9 COMMISSIONER BALDWIN: Bruce is right; we should 10 have cleaned that whole thing up while we were here, 'cause 11 that could be a storm later on if we're not careful. 12 COMMISSIONER OEHLER: We just can't -- nobody can 13 build on it. 14 COMMISSIONER BALDWIN: No kidding. 15 COMMISSIONER MOSER: The other lots are just 1 acre 16 anyway. 17 JUDGE TINLEY: Any other questions? Comments? 18 MR. ODOM: Judge, before -- 19 JUDGE TINLEY: Yes, sir? 20 MR. ODOM: It was pointed out to me that I said 21 Page 275. It should be Page 175. 22 JUDGE TINLEY: Thank you, sir. 23 MR. ODOM: My fault. 24 JUDGE TINLEY: Other questions or -- the current 25 terminology is "my bad." 6-24-13 22 1 MR. ODOM: That's right. 2 JUDGE TINLEY: They didn't teach that at U.T. 3 either. 4 MR. ODOM: I can't -- 5 JUDGE TINLEY: But that's -- that's the current 6 terminology. 7 MR. ODOM: I would like to blame on it Lee Voelkel, 8 but I can't. 9 MR. VOELKEL: Go ahead, that's okay. 10 JUDGE TINLEY: You'd like to make it his bad? 11 MR. ODOM: That's right. 12 JUDGE TINLEY: Okay. 13 COMMISSIONER LETZ: My only other question is on 14 the city of Kerrville. It's been through their system; it 15 has no issue? 16 MR. ODOM: To my knowledge, that -- 17 MR. VOELKEL: It's been approved by the City. 18 MR. ODOM: It has been? Okay. Sometimes there's 19 no rhyme and rule, Commissioner. So, I -- one before the 20 other. 21 JUDGE TINLEY: Any other comments? Questions? All 22 in favor of the motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 6-24-13 23 1 JUDGE TINLEY: The motion does carry. Let's play 2 catch-up and go to Item 6, a 9:20 timed item, to consider, 3 discuss, take appropriate action for the Court's approval to 4 declare the list of Road and Bridge equipment as surplus and 5 list them on GovDeals.com. Some of this relates to Precincts 6 1, 2, 3 and 4. 7 MR. ODOM: Yes, sir. 8 JUDGE TINLEY: Mr. Odom. 9 MR. ODOM: Yes, sir. You have before you a list of 10 our equipment for the Court to declare surplus. The 11 equipment, if not traded in, will be put up for auction on 12 GovDeals. Most of this would be GovDeals that we'll put on, 13 with the option to sit there if it's in our best interest to 14 do that, and get more money. At this time, we ask the Court 15 for their approval to declare this Road and Bridge equipment 16 surplus. 17 COMMISSIONER BALDWIN: I move approval. 18 COMMISSIONER OEHLER: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval of the agenda item. Question or discussion on the 21 motion? 22 COMMISSIONER MOSER: Is GovDeals the best way to do 23 that, or do you sometimes advertise locally? Or is that the 24 only place you advertise? 25 MR. ODOM: That's a good question. To our 6-24-13 24 1 knowledge, we were -- basically, Gov.com is where we've just 2 been putting it. We have no problems on the other, but we 3 think that's probably the best source for people to go to for 4 surplus equipment, other than our website. 5 COMMISSIONER MOSER: Yeah. 6 MR. ODOM: I mean, we could put on it there if you 7 think -- 8 COMMISSIONER MOSER: Just curious, in the past, if 9 it has been your experience, and so that's just what's been 10 done. 11 MR. ODOM: Well, this -- sometimes the Court has 12 done that, but it's a different type of surplus, things that 13 the Court itself up here has maybe put out there at the Ag 14 Barn. But heavy equipment is a little bit different, used 15 equipment. 16 COMMISSIONER LETZ: We've used -- before they had 17 all the internet stuff going on, which made it a lot easier, 18 we used to actually do auctions, and it takes a lot of time 19 and a lot of manpower. And we just found, I think, over time 20 that I think almost all county-wide now, we use GovDeals, 21 because it's -- it's just an easy, quick -- 22 MR. ODOM: Quick way to do it. 23 COMMISSIONER LETZ: People looking for surplus 24 things know where to go. 25 COMMISSIONER OEHLER: It has brought more that way. 6-24-13 25 1 We've gotten a lot more money than we used to out of just 2 advertising for bids. 3 MR. ODOM: You're limiting the access to the people 4 that you're trying to access. 5 COMMISSIONER MOSER: Sure, okay. 6 MR. ODOM: We get it across -- you know, there are 7 times we get people from all over the country that want 8 something. 9 COMMISSIONER LETZ: To bid on it. 10 COMMISSIONER OEHLER: Well, also, you can bid on it 11 if you want to on GovDeals, because it's been made surplus; 12 it's available to everybody, not restricted. 13 COMMISSIONER MOSER: Yeah, okay. All right. You 14 answered my question, thanks. 15 JUDGE TINLEY: Any other questions? Comments? All 16 in favor of the motion, signify by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: Motion carried. Let's go to Item 7, 21 a 9:25 timed item. We're getting there, aren't we? 22 Consider, discuss, take appropriate action to accept the 23 preliminary revision of plat for Lots 10R and Lot 8 of Cave 24 Springs Addition, Section 5, Phase 1, Block C, and set a 25 public hearing as set forth in Plat Record 12-6526, Volume 5, 6-24-13 26 1 Page 164, and Volume 5, Page 19, and being located in 2 Precinct 4. 3 MR. ODOM: Yes, sir. Mr. and Mrs. Butcher own 4 Lot 8, and Mr. and Mrs. Drapela own Lot 10R in Cave Springs, 5 Section 5, Phase 1, Block C. The request from both parties 6 is to change the lot line between the two properties. So, at 7 this time, we ask the Court to accept the preliminary 8 revision of plat for Lot 10R and Lot 8 of Cave Springs 9 Addition, Section 5, Phase 1, Block C, and set a public 10 hearing for Monday, August the 12th, 2013, at 9 a.m., Plat 11 Records 12 through 6526 -- or 12-6526, Volume 5, Page 164, 12 and Volume 5, Page 19, Precinct 4. 13 COMMISSIONER OEHLER: I move for approval. 14 COMMISSIONER LETZ: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval of the agenda item, to set a public hearing on the 17 matter for August 12, 2013, at 9 a.m. Question or 18 discussion? 19 COMMISSIONER BALDWIN: I have a question. Change 20 the lot line between the two properties. What does that mean 21 exactly? 22 MR. ODOM: The angle changed, Commissioner. It 23 went back to a corner. 24 COMMISSIONER BALDWIN: Does the size of the 25 properties change? 6-24-13 27 1 MR. ODOM: Yes, sir, it did. You've got that right 2 angle. When you look at the recorded plat, the original, 3 that angle went back to that other point. See where the line 4 comes up? It changed from the same point back to the corner. 5 COMMISSIONER BALDWIN: Very good, thank you. 6 JUDGE TINLEY: Further question or discussion? All 7 in 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 JUDGE TINLEY: Motion carries. Let's go to Item 8. 12 We have a 9:30 timed item, and we just hit that one. 13 Consider, discuss, take appropriate action to accept the 14 preliminary revision of plat for Lots 17, 18, and part of Lot 15 16 of Saddlewood Estates, Section 2, Block 15, and set a 16 public hearing, set forth in Volume 7, Pages 39 through 42, 17 and being located in Precinct 1. Mr. Odom? 18 MR. ODOM: Yes, sir. Mr. and Mrs. Owen would like 19 to combine Lot 17 and 18 and part of Lot 16 to -- to make lot 20 17R, consisting of 6.69 acres. So, at this time, we ask the 21 Court to accept the preliminary revision of plat for Lots 17 22 and 18, and part of Lot 16 of Saddlewood Estates, Section 2, 23 Block 5, Volume 7, Pages 39 through 42, and set a public 24 hearing for Monday, August the 12th, 2013, at 9:10 a.m., 25 Precinct 1. 6-24-13 28 1 COMMISSIONER BALDWIN: I've got a question. 2 COMMISSIONER LETZ: I have a question too. Go 3 ahead. 4 COMMISSIONER BALDWIN: My question is for 5 Mr. Domingues. Is he in the room? Or are you a spokesperson 6 for Mr. Domingues? 7 MR. ODOM: Never am I a spokesperson for 8 Mr. Domingues. (Laughter.) 9 COMMISSIONER BALDWIN: I think this -- I think that 10 my issue has been corrected on the new plat, but the first 11 plat I got -- it's in my hands -- there's some verbiage in 12 here that really, really, really bothers me. And it scares 13 me a little bit that we're -- that something like this was -- 14 I'm glad it's been caught and corrected. Do y'all -- do 15 y'all have the latest -- you don't have the old one? 16 COMMISSIONER OEHLER: I know about the original. 17 COMMISSIONER BALDWIN: Yeah. I'd like to read 18 this -- these words, if you don't mind. And seems like to me 19 that this kind of issue, when we're doing the plats, one of 20 the things that we look for is the seal of a professional, 21 that he -- when he puts a seal on the plat, that means it's a 22 done deal, and it's up and running and you can count on it, 23 most of the time. But these words here, The word "certify" 24 in the surveyor's certificate is understood to be an 25 expression of professional judgment by the surveyor which is 6-24-13 29 1 based on his best knowledge, information, and belief formed 2 in the course of their performing the survey and in 3 compliance with the standards of practice required and 4 promulgated by the Texas Board of Professional Land Surveyors 5 and the Texas Society of Professional Surveyors. As such, it 6 constitutes neither a guarantee nor a warranty, expressed or 7 implied. So, what I'm reading there is that the guy approved 8 this thing and put his stamp of approval on it, and then puts 9 this little paragraph in here that says, "Aw, really doesn't 10 mean much." And I'm bothered by that. You know, and I'm -- 11 I hope y'all are bothered by it too. 12 COMMISSIONER MOSER: It doesn't bother me. The 13 reason it doesn't bother me is it simply says that he is a 14 professional, registered with the state of Texas, and to the 15 best of his knowledge -- okay, and then he goes and talks to 16 his lawyer. To the best of his knowledge, he says, this is 17 -- this is -- I certify this to be correct. People make 18 mistakes, and all he can do is certify it based on his data 19 and his knowledge. But then I'm sure that his attorney says, 20 Look, why don't we say what "certified" means? You're not 21 guaranteeing it financially or anything else. You're not 22 subject to that. So, I don't have any problem with that. 23 COMMISSIONER BALDWIN: Well, I sure disagree with 24 his attorney. 25 COMMISSIONER MOSER: Well, yeah. 6-24-13 30 1 COMMISSIONER BALDWIN: Because we can't function 2 without a guarantee like that. 3 COMMISSIONER MOSER: Well, he doesn't guarantee it; 4 he certifies it to be correct on his -- his measurement and 5 his engineering data. 6 COMMISSIONER BALDWIN: So, it's been caught, and -- 7 and that has been taken completely off of the plat, and we 8 have a corrected one that we're voting on at this time. 9 Thank you. That bothers me. I hope I don't ever see that 10 again. 11 COMMISSIONER MOSER: Probably will. 12 COMMISSIONER OEHLER: I don't think I've ever seen 13 it on any other one. 14 COMMISSIONER LETZ: I have a different question. 15 JUDGE TINLEY: Okay, Mr. Letz. 16 COMMISSIONER LETZ: My question is that Lot 16 is 17 now less than 3 acres, and under the rules when this was 18 done, you could not have a lot less than 3 acres, both under, 19 I believe, the city rules and our rules at the time we did 20 Saddlewood. Is Lot 16 going to be at some point -- I mean, 21 is it just an independent little lot now? 22 MR. ODOM: You're asking me? 23 COMMISSIONER LETZ: I'm asking about Lot 16, 24 because we now have a lot that's not in compliance with our 25 rules, which is going to require a waiver. 'Cause this -- I 6-24-13 31 1 mean, Lot 16 -- there was no lots allowed to be less than 2 3 acres at that time. 3 MR. ODOM: Your memory is better than mine. I 4 don't remember. That was -- we played between the City and 5 us, because that was in the ETJ. 6 COMMISSIONER LETZ: Right. 7 MR. ODOM: And I believe that they can do that less 8 than 3, but I don't -- 9 COMMISSIONER LETZ: Not in the ETJ. I mean, we 10 come under our rules. You know, and it's just -- I'm 11 concerned about having a -- a lot less. I mean, I guess in 12 the net impact of the subdivision, it isn't changing that 13 much, but it is contrary to the rules at the time that 14 subdivision was put together. 15 COMMISSIONER MOSER: I'm missing your point. 16 COMMISSIONER LETZ: Our rules said -- 17 COMMISSIONER MOSER: No, but I'm saying on this -- 18 just let me understand. How is it -- how does it become less 19 than 3 acres? 20 COMMISSIONER LETZ: Well, .6 -- 68 acres of Lot 16 21 is being moved into lot 17A. 22 COMMISSIONER MOSER: That -- lose that, okay. See, 23 I thought that was staying -- remaining part of 16. 24 COMMISSIONER LETZ: Lot 16 now becomes a -- 25 COMMISSIONER OEHLER: 2.3. 6-24-13 32 1 COMMISSIONER LETZ: Actually, there's some other 2 smaller lots too. Maybe they're less than that. Maybe it 3 was an average for the subdivision. I see there's some other 4 lots that are that small. 5 COMMISSIONER OEHLER: 2.33. 6 MR. ODOM: I think we use the average of the 7 subdivision. 8 COMMISSIONER LETZ: Okay, that could be. 9 COMMISSIONER OEHLER: They have a central water 10 system. 11 COMMISSIONER BALDWIN: I think that's what it is. 12 MR. ODOM: I think some years back, we had it 13 different than what we have now, and it was the average -- 14 COMMISSIONER LETZ: Okay. 15 MR. ODOM: -- when we looked at the lots and all. 16 COMMISSIONER LETZ: I just want to make just that 17 point, that -- 18 MR. ODOM: That's a good point. I didn't catch 19 that one. 20 COMMISSIONER LETZ: It's not going to change 21 anything. It's not that -- you know, it's just kind of 22 our -- 23 COMMISSIONER MOSER: Yeah, Lot 12 and 13 are less 24 than 3 acres. 25 COMMISSIONER LETZ: They're smaller, right, so I 6-24-13 33 1 guess there were some, maybe. It probably was the average 2 back then. 3 MR. ODOM: I think so. I think we used the average 4 at that point when we divided. 5 JUDGE TINLEY: Other questions or comments on the 6 motion? 7 THE CLERK: I need a motion. 8 JUDGE TINLEY: Oh. 9 COMMISSIONER BALDWIN: I move for approval. She's 10 right. 11 JUDGE TINLEY: We have a motion and a second for 12 approval. 13 THE REPORTER: I'm sorry, I didn't hear the second. 14 COMMISSIONER OEHLER: I seconded. 15 JUDGE TINLEY: All in favor of the motion, signify 16 by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: Motion carries. 21 COMMISSIONER LETZ: To clarify, your motion was to 22 approve the preliminary and set the public hearing? 23 COMMISSIONER BALDWIN: The agenda item, yes. 24 JUDGE TINLEY: Mm-hmm. 25 COMMISSIONER LETZ: And when was the public hearing 6-24-13 34 1 set? 2 COMMISSIONER BALDWIN: It's confidential. 3 JUDGE TINLEY: August 12, 2013, 9:10 a.m. 4 COMMISSIONER LETZ: Okay. 5 JUDGE TINLEY: Let's move to Item 9; to consider, 6 discuss, take appropriate action to accept Debbie Tate's 7 retirement request effective June 30, 2013, and hire a new 8 employee at the Court-approved 14.1 step and grade salary. 9 Ms. Bolin? 10 MS. BOLIN: Well, one of my employees who's been 11 here over 10 years has opted to retire, and I need permission 12 to -- since we have a hiring freeze, to hire someone to 13 replace her. Of course, there's no replacement for Debbie, 14 but I have to have another employee. 15 COMMISSIONER LETZ: Move approval. 16 COMMISSIONER OEHLER: Second. 17 JUDGE TINLEY: Motion made and seconded for 18 approval. Question or discussion? All in favor of the 19 motion, signify by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Motion carries. 24 MS. BOLIN: Thank you. 25 JUDGE TINLEY: Let's go to Item 10; consider, 6-24-13 35 1 discuss, take appropriate action on implementation of the 2 burn ban. This is a 90-day turnover item, as I recall. 3 COMMISSIONER LETZ: Move approval. 4 COMMISSIONER BALDWIN: Second. 5 JUDGE TINLEY: Motion made and seconded for 6 approval of the agenda item. Question or discussion? All in 7 favor, signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: Motion carries. Let's move to Item 12 12; consider, discuss, take appropriate action regarding 13 County Law Library, including relocation. Mr. Henneke? 14 MR. HENNEKE: Thank you, gentlemen. Good morning. 15 We were here two weeks ago and discussing really the specific 16 proposal to swap the current Law Library location with the 17 Treasurer's space, and send the Treasurer upstairs. The 18 Commissioners Court had specific questions about the cost of 19 re -- retrofitting, refurnishing the location upstairs in 20 order to make it suitable for the Treasurer's office. Ms. 21 Soldan's here; I believe she has that information for the 22 Court, and glad to have any further discussion or answer any 23 other questions you have. Tracy? 24 MS. SOLDAN: I spoke with Tim, and he threw out a 25 number; it was around 10,000. I don't have the exact number. 6-24-13 36 1 I thought he was going to be here. 2 JUDGE TINLEY: Approximately 9,500, as I recall. 3 I -- I thought I put it with these matters here today. It's 4 floating around in my office somewhere, but it's 5 approximately $9,500 that he computed in order to build 6 out -- 7 MS. SOLDAN: Right. 8 JUDGE TINLEY: -- the necessary items in order to 9 convert that Law Library to your office. 10 MS. SOLDAN: Correct. 11 JUDGE TINLEY: Which included -- he called it 12 demolition, which included removal of a bunch of those 13 shelving units and whatnot. 14 MS. SOLDAN: Right. 15 JUDGE TINLEY: But it's approximately $9,500, as I 16 recall. 17 COMMISSIONER LETZ: Wasn't there a question about 18 carpeting, and whether there was -- if you lifted up that 19 big -- I guess the current shelving, if there was carpet 20 under it, and if the carpet -- was that -- 21 JUDGE TINLEY: Best we can tell, the carpeting runs 22 all the way underneath. No tack boards up against the 23 shelving, which indicates that -- 24 COMMISSIONER OEHLER: It's all one piece. 25 JUDGE TINLEY: -- it's just -- the shelving is on 6-24-13 37 1 top of a solid layment of carpet. 2 COMMISSIONER LETZ: And the $10,000 is in 3 somebody's budget? 4 JUDGE TINLEY: That's another issue. 5 COMMISSIONER MOSER: Important issue. 6 JUDGE TINLEY: Yeah. 7 MS. HARGIS: Well, it's going to have to come out 8 of contingency; that's the only place we have. It's too 9 early for me to start pulling from anybody else's. It's too 10 early to pull from someone else's budget. We'll have to take 11 it out of contingency, if that's what the Court wants to do. 12 JUDGE TINLEY: Okay. What -- what's the balance of 13 the contingency, approximately, if you recall? 14 MS. HARGIS: I think it's down to 39,000. 15 JUDGE TINLEY: Okay. This would take about a 16 fourth of that, then. 17 COMMISSIONER MOSER: Is this -- pardon me. Is this 18 something that needs to be done now, before next fiscal year? 19 MR. HENNEKE: I think the summer -- I'll speak to 20 that. I think summer is a good time to do it. I think it's 21 a, you know, good period of time when there's less going on 22 in the courthouse, so it would be less disruptive, and allow 23 in time for the new fiscal year for Tracy to be up and 24 running, and, you know, by Labor Day, for things to be 25 settled. It'll take some additional time, and probably need 6-24-13 38 1 to wait until next year's budget before everything down in 2 the new library would be finished, but at least as soon as 3 possible, Ms. Soldan could be set up, and up and running and 4 proceeding forward. So -- and as far as future actions with 5 the library, other policies, the proposal I'm going to bring 6 back to the Court, I've been waiting on those to see where 7 the library would be and how that would work. So, it doesn't 8 have to happen, but I think if we're going to do it, it makes 9 sense to get it done over the summer, at least as far as the 10 transferring of space. 11 COMMISSIONER LETZ: This is only the renovation of 12 the upstairs, of the current Law Library? Not -- it's 13 nothing -- no cost for the proposed new Law Library? 14 MR. HENNEKE: Right. This is the finish-out of 15 Ms. Soldan's space upstairs once the two are changed. 16 There's -- there's a surplus in the Law Library budget that's 17 available for purchasing of furniture and equipment, and -- 18 and, you know, specific to that space down there. You know, 19 there will be a cost of moving everything -- all the books 20 and everything from upstairs, downstairs. But if that's not 21 within the, you know, available workload of the Maintenance 22 Department, in, you know, declining to take any kind of 23 stipend for the Law Librarian position, you know, that's not 24 spent, that amount that was spent beforehand, so I'll 25 probably have some money in this budget to where I could, you 6-24-13 39 1 know, hire a crew to move it all down if I needed to so as 2 not to tie up the Maintenance folks, or get some community 3 service people over. 4 COMMISSIONER MOSER: Is there money in the Law 5 Library budget to help pay for this? Since it's -- 6 JUDGE TINLEY: Mm-hmm. 7 COMMISSIONER MOSER: No, but I meant for the 9,500? 8 MR. HENNEKE: No, and it couldn't. 9 JUDGE TINLEY: You can't use it for that. 10 COMMISSIONER OEHLER: Can't use it for that. 11 MR. HENNEKE: I can use it for the library going 12 down; I can't use it for the Treasurer coming up. 13 COMMISSIONER MOSER: Okay. 14 JUDGE TINLEY: Any other questions? Comments? 15 COMMISSIONER BALDWIN: It's just -- it's one of 16 those things that -- I don't get real excited about things 17 around here any more, but this -- this move, this idea is an 18 exciting thing. Not because of the Treasurer going upstairs, 19 but because of the -- the library moving downstairs into an 20 area that it's really, really going to be used for numerous 21 things. It's going to meet the needs of a lot of people, and 22 I just think it's a smart -- smart thing to do. I really do. 23 Now, the money, I don't have any idea. It's not my job; it's 24 the Auditor's job. But I'd certainly approve of the -- of 25 the move itself, absolutely. 6-24-13 40 1 JUDGE TINLEY: Does that constitute a motion? 2 COMMISSIONER BALDWIN: I can't tie any money to it, 3 to a motion, but I'll be happy to approve the move. Or I 4 thought we'd already done that, but -- 5 JUDGE TINLEY: Okay. 6 COMMISSIONER MOSER: Money goes with the move. 7 COMMISSIONER BALDWIN: If you -- yeah, I'll try. 8 I'll try it. I move that we approve -- if we haven't 9 already, approve the exchange of offices, and that 10 approximately -- let's see -- $9,500 out of contingency goes 11 with it. 12 JUDGE TINLEY: For the -- 13 COMMISSIONER BALDWIN: For the library -- I mean 14 for her office. 15 JUDGE TINLEY: Treasurer's office? Okay, I have a 16 motion. Do I have a second? 17 COMMISSIONER OEHLER: Go ahead. 18 COMMISSIONER LETZ: I'll make a second. 19 JUDGE TINLEY: We have a motion and a second. Now, 20 questions or discussion? 21 COMMISSIONER LETZ: My -- my, I guess, second is a 22 little contingent on this working into Maintenance's 23 schedule. Maintenance, we ask them to do a lot of things, 24 just like we ask Road and Bridge to do a lot of things way 25 outside their normal jobs. And it may take them several 6-24-13 41 1 months or longer to get to this, and I want that clearly 2 understood, that this is not a priority. This happens when 3 they have time to do it, not to stop other things in the 4 maintenance area. 5 COMMISSIONER MOSER: I have a question. Are there 6 other items that you know of that are candidates for 7 contingency funds that may not be able to be implemented if 8 we use it this year? 9 MS. HARGIS: Not to my knowledge at this time. 10 COMMISSIONER MOSER: Okay. 11 JUDGE TINLEY: Other questions? Comments? All in 12 favor of the motion, signify by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: Motion carries. 17 MS. SOLDAN: Thank you. 18 JUDGE TINLEY: Let's go to Item 13; to consider, 19 discuss, take appropriate action to approve and authorize 20 execution of amendment to master agreement with Ricoh USA, 21 Inc. Mr. Henneke? 22 MR. HENNEKE: Thank you, gentlemen. We have a 23 master agreement with Ricoh, and then every time a county 24 department leases a new copier, there's a sub-agreement 25 that's entered into. The master agreement was entered into 6-24-13 42 1 six, seven, or eight years ago, and this is to -- to clean it 2 up. And I think the big issue is that the master agreement 3 had jurisdiction and venue in Pennsylvania, so that if we 4 ever got into a fight over that agreement, we'd all be going 5 up to Philadelphia. And this moves it in Texas, to make sure 6 that Texas law applies in this agreement. So, I -- I've 7 reviewed it and approved it, and -- and ask your approval. 8 COMMISSIONER MOSER: So moved. 9 COMMISSIONER OEHLER: Second. 10 JUDGE TINLEY: We have a motion and a second for 11 approval of the amendment to the master agreement. Question 12 or discussion? All in favor, signify by raising your right 13 hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion does carry. Let's go to Item 18 14; to consider, discuss, take appropriate action on an 19 agreement with the Friends of the Historical Commission 20 regarding the Union Church Building. 21 MR. HENNEKE: I'm on a roll. Good morning again. 22 We were here two weeks or a month ago about the Friends 23 group's desire to further improve the Union Church, and the 24 direction from the Commissioners Court was, just as we did 25 with the fence and the gate, to get Schreiner University on 6-24-13 43 1 board to get an agreement reduced to writing that would set 2 forth those terms. In the interim, I revised the agreement, 3 and basically the two things are, one, the Friends group is 4 going to do landscaping as they discussed, and I think with 5 some donations as to some of the materials. And then the 6 improvements to the parking lot, instead of them being paid 7 for by a third -- or being provided by a third-party vendor, 8 the discussion was shifted for those to be done by Road and 9 Bridge. Now, I know that Kelly with Road and Bridge, the end 10 of last week, sent all the members of the Commissioners Court 11 some various options for improving the parking lot there. 12 Their recommendation is the option that costs just a little 13 bit over $1,900, which was the amount initially that the 14 Friends group had budgeted to pay someone, a third party to 15 come in and do that. Schreiner University has signed off on 16 the agreement, so the agreement would require -- would call 17 for the Friends group to transfer that $1,900 to the County 18 instead of paying a third party for that work. The agreement 19 I sent to Schreiner, I got it back signed from Schreiner. 20 I've sent it to Ms. -- Ms. Dyke, who's here today, and she 21 still has it. She's advising me that they're still raising 22 that money, and don't have the funds available yet for the 23 1,900. So, once -- I'll let her address the Court, but 24 Schreiner's on board. The agreement's drafted. As soon as 25 the Friends group is in a position to approve it, it will 6-24-13 44 1 come back to the Court. The only really outstanding question 2 being the direction to Road and Bridge for which of the 3 options that they've put together y'all would direct them to 4 do, keeping in mind that anything above 1,900 would come out 5 of the County, 'cause that's all the Friends group has 6 pledged. 7 COMMISSIONER MOSER: Question. Refresh my memory, 8 'cause I printed that and I forgot to bring it. The 1,900 -- 9 and maybe this is for Len. 1,900 covers the cost of the 10 material, or the proposed work? Is that -- 11 MR. HENNEKE: Leonard, would you speak to that? 12 MR. ODOM: Yes, I will. Excuse me. 13 MS. DYKE: Sure. 14 MR. ODOM: What I have, crushed granite is what I 15 was proposing to do, 2 and a half inches of it. What we'll 16 do is cut the highs and lows and try to fill in. When you -- 17 what my cost is at Wheatcraft, when I checked, was $30 a ton. 18 So, we'll haul it and do the work, and that's $1,932, is what 19 I'm proposing. 20 COMMISSIONER MOSER: Okay. 21 MR. ODOM: That way, with that crushed granite -- 22 if you use just plain base and it gets wet, you're going to 23 track into the church. It's going to be a mess. This stuff 24 sets up almost like cement, and I think that's the way to go 25 at this point, at 2 and a half. With what base is on there, 6-24-13 45 1 the pit run that's underneath there, we think that'll work 2 because of the load factors, that really just cars go in and 3 out. And I think that's the cheapest way, and it keeps, 4 personally, taxpayers from putting anything more into it. 5 COMMISSIONER MOSER: One other question, if I may. 6 Does the crushed granite -- does the maintenance on that -- 7 you say it sets up pretty good. Then the maintenance for 8 that -- 9 MR. ODOM: Maintenance, long-term, we may have 10 something that we have to go in and reblade or dress up a 11 little bit, but basically that stuff -- Jonathan is more 12 familiar, but I have it at my house, and it's been there for 13 years underneath where I park my truck. And -- 14 COMMISSIONER MOSER: I see. 15 MR. ODOM: -- it doesn't move. 16 COMMISSIONER MOSER: Okay. 17 COMMISSIONER BALDWIN: I think there's the 18 solution. 19 MS. DYKE: It is a solution. 20 COMMISSIONER OEHLER: It's what they wanted. 21 MS. DYKE: We're very happy. 22 JUDGE TINLEY: From an esthetic standpoint, it's 23 also better than sealcoating. 24 MR. ODOM: Better than sealcoat esthetically. 25 That's the old look, the way they used to do it. You could 6-24-13 46 1 take some of the prisoners and give them sledgehammers, and 2 they can make some crushed granite. (Laughter.) 3 MR. HENNEKE: I missed that. What happened? 4 MR. ODOM: That's the old way to do it. 5 COMMISSIONER MOSER: Thank you, Len. You answered 6 the question. 7 COMMISSIONER BALDWIN: Okay. 8 MS. DYKE: Okay. Well, we thank you for this. And 9 also, just -- just -- we've made progress on the landscaping 10 from last time, too. We'll be in touch with you, Mr. Letz, 11 on that. Thank you. 12 COMMISSIONER MOSER: Very good. 13 MR. HENNEKE: So, Sue, would you address -- y'all 14 still need to raise some money to get to that 1,900; is that 15 right? 16 MS. DYKE: Yes. Yes. We -- one of the -- we have 17 made application to a local foundation, and they meet this 18 week, so we will hear right away on whether -- on that, the 19 results of that. And one of the things that happened is that 20 we will need to make a supplement to that proposal, which we 21 have been approved to do, and to notify them that the County 22 is going to finance proceeding with the work, which is a 23 savings to us. 24 COMMISSIONER OEHLER: A good savings. 25 MS. DYKE: They should like that a lot. 6-24-13 47 1 COMMISSIONER OEHLER: You get a whole lot better 2 product than what you would have gotten with just rolling 3 some gravel. 4 MS. DYKE: Right. That's why we're very pleased 5 about it, that we won't have the cost of the labor, and -- 6 and we can put the funds into the materials, which is the 7 better way. 8 JUDGE TINLEY: Besides all that, you'll have a 9 first-class, professional outfit doing the work. 10 MS. DYKE: Exactly. You got it. 11 JUDGE TINLEY: So we're going to wait until the 12 funds are raised before we approve the actual agreement? 13 MR. HENNEKE: Yes, sir. I would wait until 14 Ms. Dyke -- once her group has approved it, that would 15 evidence that they have the money. And when you -- if you'll 16 deliver it back to me, the agreement, when you've signed it, 17 then I'll get it to the Court to get them to sign it, and 18 we'll move forward. 19 COMMISSIONER MOSER: Can we approve it contingent 20 on -- 21 MR. HENNEKE: Yeah. 22 COMMISSIONER MOSER: -- funds being transferred? 23 MR. HENNEKE: And, see, I would just ask that when 24 your group signs it and you bring it to me, you bring a check 25 at the same time. 6-24-13 48 1 MS. DYKE: We'll do that. 2 MR. HENNEKE: Made out to Kerr County, not to me. 3 MS. DYKE: Well, we can do that. 4 COMMISSIONER LETZ: Not to the County Attorney. 5 MR. ODOM: The direction of the Court would be -- 6 when could I start on that? 7 COMMISSIONER OEHLER: When you get the money. 8 MR. ODOM: Well, but if I got in -- we're looking 9 at next week, Donne would be free. Do we move in and move 10 the subgrade, or do we wait? 11 MS. DYKE: No. 12 COMMISSIONER OEHLER: Subgrade doesn't have 13 anything to do with -- 14 MR. ODOM: We'll wait till I get permission from 15 y'all to proceed to buy, but to do subgrade cuts and fills in 16 on the thing, can we do that? 17 COMMISSIONER MOSER: I'll make a motion that we 18 proceed with moving to improve the parking lot at Union 19 Church. 20 MS. DYKE: Thank you. 21 COMMISSIONER MOSER: And that Road and Bridge be 22 authorized to do preparation for the work moving dirt, 23 et cetera, and that we proceed with putting the granite in as 24 soon as we receive the check from the Historical Commission 25 for that. 6-24-13 49 1 MS. DYKE: Okay, great. Fine. Thank you. 2 JUDGE TINLEY: Does this include approving the 3 agreement subject to -- 4 COMMISSIONER MOSER: Subject to. 5 JUDGE TINLEY: -- the receipt of their $1,900 in 6 funds? 7 COMMISSIONER MOSER: Right. Right. 8 JUDGE TINLEY: Okay, I have a motion. Do I hear a 9 second? 10 COMMISSIONER LETZ: Second. 11 JUDGE TINLEY: And a second. Question or 12 discussion on that motion? All in favor, signify by raising 13 your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 MS. DYKE: Thank you. 18 JUDGE TINLEY: Thank you. Let's go to Item 15; 19 consider, discuss, take appropriate action to approve an 20 amended contract with Thompson Reuters for online legal 21 research services. Mr. Henneke? 22 MR. HENNEKE: Thank you, gentlemen. The County 23 Attorney's office currently pays for software called ProDoc, 24 which is a legal drafting software. I can get the -- we also 25 pay Westlaw for an online legal research program that the 6-24-13 50 1 County Attorney's office uses, the Judges use, other people. 2 I can get my legal drafting software included as part of the 3 online service for cheaper than what I currently pay. So, I 4 would ask your approval to basically amend the contract with 5 Westlaw to include this service, and that'll end up saving 6 2,500 -- $25 a month in what we spend for the same amount. 7 JUDGE TINLEY: When you said Westlaw, that's 8 Thompson Reuters? 9 MR. HENNEKE: Yes, sir. 10 JUDGE TINLEY: The agenda item? 11 MR. HENNEKE: Yes, sir. 12 JUDGE TINLEY: Okay. 13 COMMISSIONER BALDWIN: I move for approval. 14 JUDGE TINLEY: Motion made for approval. Do I hear 15 a second? 16 COMMISSIONER OEHLER: Second. 17 JUDGE TINLEY: I have a motion and a second. 18 Question or discussion on the motion? 19 COMMISSIONER BALDWIN: I've got a question. In 20 this item that we're voting on right now, it says, "Approve 21 the amended contract with Thompson Reuters." In the next 22 agenda item, it says, "Termination of existing service with 23 Thompson Reuters." 24 MR. HENNEKE: Different service. 25 COMMISSIONER BALDWIN: Okay, thank you. 6-24-13 51 1 JUDGE TINLEY: Any other questions? Comments? All 2 in favor of the motion, 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 does carry. Let's go to Item 7 16; to consider, discuss, take appropriate action regarding 8 online legal research Patron Access in the County Law 9 Library, including termination of existing service with 10 Thompson Reuters and execution of agreement with LexisNexis. 11 Mr. Henneke. 12 MR. HENNEKE: Thank you. Gentlemen, right now in 13 the law library, we have three computer terminals where we 14 provide free online legal research through Thompson Reuters, 15 Westlaw. We pay out of the library budget $1,900 a month to 16 have those three computers up there, and from the traffic 17 data that I've seen, those three terminals are used a total 18 of about 15, 17 hours a month, not enough to need three 19 terminals. In addition, of the print periodicals that we 20 have, the most popular print reference upstairs is the 21 Dorsaneo's Transaction Guide and the Dorsaneo's Litigation 22 Guide. Unfortunately, those -- those print publications are 23 out-of-date. We stopped keeping them current about three or 24 four years ago, and they're out-of-date enough that we have 25 to buy new sets to bring them up, and the new sets are about 6-24-13 52 1 4,500 apiece, plus then you have to update them. 2 LexisNexis is the publisher that publishes the 3 Dorsaneo's, and they have put together a proposal to give us 4 one terminal, and we pay less than $1,000 a month, so there 5 would be $900 savings right there. And their subscription 6 would include online access to the Dorsaneo's Transactional 7 and Dorsaneo's Litigation, which our Bar, in the survey that 8 I've done, has rated as their most -- the most important 9 reference that we have available in the library, or the one 10 that's most frequently used. Currently, our -- our contract 11 with Thompson Reuters for the three terminals has expired. 12 There's -- it was not renewed; it's on a month-to-month 13 basis. And $1,900 a month for three computers that aren't 14 used more than 20 hours a month is too much money to spend, 15 so I would recommend the agenda item, that we accept the 16 LexisNexis proposal. It will save $1,000 a month out of that 17 budget, provide access to more materials. The down side is 18 that there's only going to be one terminal instead of three, 19 but I don't think that that's going to present a problem. 20 And if someone has to, you know, wait a few -- you know, a 21 few minutes for somebody else to finish, I don't think that 22 that's unreasonable. 23 COMMISSIONER MOSER: And this agreement would be 24 for how long? 25 MR. HENNEKE: It's a three-year agreement with 6-24-13 53 1 LexisNexis, subject to appropriated funds. 2 COMMISSIONER MOSER: One other question, if I may. 3 Do -- do all counties -- or what percentage of the counties 4 in the state provide such services? 5 MR. HENNEKE: The online research? 6 COMMISSIONER MOSER: Yeah. Yeah. 7 MR. HENNEKE: I don't have any idea. I have no way 8 to answer that question, Commissioner. 9 COMMISSIONER LETZ: But the funding all comes out 10 of a dedicated Law Library fund. 11 MR. HENNEKE: Yes. This is -- that's generated by 12 the filing fees that are dedicated and solely set aside, can 13 only be used for the County Law Library purposes. 14 COMMISSIONER BALDWIN: And so I don't see anywhere 15 in here when you're talking about us authorizing that you 16 reduce the computers down to one. Are you just going to 17 automatically do that as the Law Librarian? 18 MR. HENNEKE: Well, we might have still additional 19 computers, but the effect of this is that there would only be 20 one terminal that would be licensed as having the online 21 legal research. Part of my -- and my plan, Commissioner, is 22 trying to do this in steps, and keeping the Court involved, 23 since it is Commissioners Court that has ultimate authority 24 over the library. And in my vision, I'd like to have several 25 computer terminals that would be available for persons to 6-24-13 54 1 work on, but under this, there would only be one computer 2 that would have the legal research. 3 COMMISSIONER BALDWIN: A lot of -- a lot of 4 attorneys have access from their own offices -- from their 5 own computers, do they not? 6 MR. HENNEKE: They do, and it's very expensive. 7 They pay for that privately. That's why this service is only 8 available if you're physically sitting in front of the 9 computer upstairs. You can't remote into it, because it's 10 just too valuable. But, you know, all of your major firms, 11 most of your attorneys here -- or a fair number of your 12 attorneys in Kerrville have their own private subscriptions, 13 but I know that there's also a good number that come here and 14 research here because they can't afford the cost to have a 15 private subscription. 16 COMMISSIONER LETZ: I'm not as concerned about the 17 other local attorneys, but I am concerned about your office, 18 judges' offices having access to, you know, what they need. 19 MR. HENNEKE: And it's open to the public, too. 20 COMMISSIONER LETZ: Right. Buster, you know, have 21 you thought about how -- if maybe a few lawyers in the 22 Legislature that could kind of set up a little fund so they 23 could have access to that kind of information on dedicated 24 funds? 25 MR. HENNEKE: I think, at the end of the day, it 6-24-13 55 1 saves, you know, 12,000 a year, and I don't see it as 2 significantly decreasing -- 3 COMMISSIONER BALDWIN: That's my favorite part. 4 MR. HENNEKE: -- the service. 5 COMMISSIONER LETZ: I think -- I appreciate what 6 you're doing. You're looking at the library and figuring out 7 how to make the money go further and be more usable to those 8 that do use it, so -- 9 MR. HENNEKE: The library overspent its budget by 10 $20,000 last year, so I've got to find a way to bring the 11 expenditures within the revenue. 12 JUDGE TINLEY: The net effect of what you're 13 proposing by -- by this agreement is to enter into a new 14 agreement which provides the same research material 15 availability that was provided under the old agreement, or 16 possibly more, for $1,000 a month less. 17 MR. HENNEKE: Yes, sir. 18 COMMISSIONER BALDWIN: Pretty neat deal. 19 JUDGE TINLEY: Yeah. 20 COMMISSIONER MOSER: But there's one seat, as 21 opposed to three seats. 22 MR. HENNEKE: Correct. 23 COMMISSIONER LETZ: I move approval of the agenda 24 item. 25 COMMISSIONER BALDWIN: Second. 6-24-13 56 1 JUDGE TINLEY: Motion made and seconded as 2 indicated. Question or discussion? All in favor, signify by 3 raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: That motion does carry. It's past 8 10 o'clock now, so let's go back to Item 11, a 10 o'clock 9 timed item, to -- a report on the third annual KerrFest and 10 request to lease the Hill Country Youth Event Center for the 11 fourth annual KerrFest May 12th through 19th, 2014. 12 (Discussion off the record.) 13 MS. WEAVER: Trying to kick you out of your seat, I 14 guess. Excuse me. 15 JUDGE TINLEY: Now, Kristan, just settle down. 16 MS. WEAVER: Good morning. 17 COMMISSIONER BALDWIN: Poor Bruce. 18 MS. WEAVER: How was that for an entrance? Happy 19 Monday. Kristan Weaver with the Kerrville Area Chamber of 20 Commerce. I'm here on behalf of the Chamber and the KerrFest 21 committee. Also, Mr. Charlie McIlvain is here, who works 22 with us on KerrFest, and we are here to talk to you about our 23 economic impact report that Mr. McIlvain did for the third 24 annual KerrFest. We had over 3,300 people through the gate 25 over the four-day period. We had -- our total net gate was 6-24-13 57 1 up 28 percent from last year. We had 59 total sponsors that 2 came out and supported KerrFest this year, and approximately 3 60 percent of our attendees and contestants were from outside 4 Kerrville and Kerr County. Mr. McIlvain did a pretty 5 conservative economic impact analysis of -- of this year's 6 event, and it came out to that the economic impact for the 7 2013 KerrFest was $580,000. We are looking at, of course, 8 expanding this event and having it again next year, so I'm 9 also here to ask if we can have the lease of the property 10 through a sponsorship again with you all in 2014, the third 11 weekend in May. It will be May 12th through 19th of 2014. 12 JUDGE TINLEY: Now, Kristan, if I calculate 13 correctly, the 12th through 19th is a week. 14 MS. WEAVER: Yes. Yes, sir. You know, we come in 15 and we start setting up some things on Monday. 16 JUDGE TINLEY: Okay. A lot of this is set-up type? 17 MS. WEAVER: Yes, sir. The actual event will be 18 Thursday, Friday, Saturday, and Sunday again. 19 JUDGE TINLEY: Okay. 20 MS. WEAVER: That's what we anticipate, yes, sir. 21 COMMISSIONER OEHLER: Do you reckon any of this 22 could be considered as rate of return on my investment out 23 there? 24 COMMISSIONER MOSER: Kristan, in the total revenue, 25 you have including in -- pardon me, in-kind. 6-24-13 58 1 MS. WEAVER: Yes, sir. 2 COMMISSIONER MOSER: What -- can you explain that a 3 little bit? 4 MS. WEAVER: Well, one thing is a huge contribution 5 from the County for leasing. The -- you know, the past three 6 years, y'all haven't charged us to actually rent the 7 property. Of course, all of the time, the staff hours that 8 Maintenance puts in. Additionally, we have about $11,000 9 that C.V.B. spends in advertising dollars, and also the 10 City -- their contribution this year was about $3,300 for 11 security, fire, and EMS. They had dedicated security 12 officers and an ambulance on-site during the entire event. 13 COMMISSIONER MOSER: Okay, good. Thank you. 14 MS. WEAVER: Yes, sir. 15 JUDGE TINLEY: Essentially, a three-way 16 partnership -- 17 MS. WEAVER: Yes, sir. 18 JUDGE TINLEY: -- that puts this event on. 19 MS. WEAVER: Yes, sir. 20 JUDGE TINLEY: Mm-hmm. 21 MS. WEAVER: Also, for next year, we are asking to 22 lease the whole facility, including the show barn. Of 23 course, the exhibit hall, depending on the status of 24 renovations out there, the indoor arena and the outdoor 25 arena, all of those areas. 6-24-13 59 1 JUDGE TINLEY: Ms. Grinstead, did you check those 2 dates? 3 MS. GRINSTEAD: I've got them down. 4 JUDGE TINLEY: Clear? 5 MS. GRINSTEAD: Mm-hmm. 6 JUDGE TINLEY: Or penciled-in? 7 MS. GRINSTEAD: Yes, sir. 8 JUDGE TINLEY: Okay. 9 COMMISSIONER LETZ: Good. I have a general 10 question. 11 MS. WEAVER: Yes, sir? 12 COMMISSIONER LETZ: What do you do with your money? 13 MS. WEAVER: We put on four fundraising events, the 14 Chamber does, in order to pay our bills, and to do the -- 15 provide the programs and services that we do. A few years 16 ago -- or years ago, 10-plus years ago, we could pay all of 17 our bills with just our membership dues, for the most part. 18 It's not that way any more, so we have -- we raise about 19 220,000 in gross revenue in fundraising events. One of the 20 things we started concentrating on about three or four years 21 ago was not just parties, but fundraising events that also 22 put money back into the community. This is a great example, 23 as is the James Avery Hill Country Golf Classic. 24 COMMISSIONER LETZ: So, this is a funding mechanism 25 for the Chamber? 6-24-13 60 1 MS. WEAVER: Yes, sir. Yes, sir. 2 COMMISSIONER MOSER: I move that we approve the 3 request to lease the Hill Country Youth Exhibit Center for 4 the KerrFest next year, May 12th through 19th. 5 JUDGE TINLEY: I have a motion. Do I hear a 6 second? 7 COMMISSIONER OEHLER: Yeah, I'll second it. 8 JUDGE TINLEY: We have a motion and a second. 9 Question or discussion? All in favor of that motion, signify 10 by raising your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: The motion does carry. Thank you, 15 Ms. Weaver. 16 MS. WEAVER: Thank you very much. 17 JUDGE TINLEY: We appreciate it. 18 MS. WEAVER: We appreciate you. Thank you. 19 JUDGE TINLEY: The -- let me ask you, if I might, 20 the -- the growth of this event, percentage-wise, how do you 21 -- how do you chart the growth of this event since you 22 started it three years ago? 23 MS. WEAVER: We have doubled the gate each year, 24 and then our actual profit margin was up 28 percent this 25 year. 6-24-13 61 1 JUDGE TINLEY: Okay. So, in essence, each year it 2 doubles the participation? 3 MS. WEAVER: Yes, sir. 4 JUDGE TINLEY: Great. 5 COMMISSIONER OEHLER: Doubles the economic impact 6 as well. 7 JUDGE TINLEY: Oh, yeah, you bet. Okay, let's go 8 back to Item 17; consider, discuss, take appropriate action 9 to initiate process and/or steps to construct fire station on 10 Ranchero Road on property owned by Kerr County. I've been 11 waiting on -- I put this on the agenda in anticipation that 12 we might have our drainage study we authorized, and 13 apparently we're not quite there yet either. So, we're going 14 to pass on that, and wait till we get that drainage study 15 in-hand. I thought we'd have it by now. 16 COMMISSIONER BALDWIN: Well, yeah, I did too. 17 JUDGE TINLEY: I've looked for Mr. Voelkel, but 18 apparently he elected to go back to his office. The last -- 19 last information I had was that Mr. Hewitt was awaiting 20 information from Mr. Voelkel. And I've got an e-mail here 21 that -- 22 COMMISSIONER MOSER: Mr. Hewitt's supposed to do 23 the study. 24 JUDGE TINLEY: Yeah. 25 COMMISSIONER MOSER: Okay. 6-24-13 62 1 COMMISSIONER BALDWIN: I'll be happy to expedite 2 and make sure that Mr. Voelkel's doing what he's been asked 3 to do. 4 JUDGE TINLEY: Okay. 5 COMMISSIONER BALDWIN: This has gone on a pretty 6 good while now. 7 COMMISSIONER MOSER: Mr. Hewitt's supposed to do 8 it. 9 COMMISSIONER BALDWIN: I understand. 10 JUDGE TINLEY: So, you're going to see where the -- 11 where the bottleneck is there? 12 COMMISSIONER BALDWIN: Yes, sir. 13 JUDGE TINLEY: With the surveyor? 14 COMMISSIONER BALDWIN: Yes, sir. 15 JUDGE TINLEY: Good enough. All right, let's go to 16 Item 18; to consider, discuss, take appropriate action to 17 approve request by First Baptist Church of Center Point to 18 close one block of Avenue C between China Street and First 19 Street for one hour on Monday evening, July 22nd, for a 20 community-wide Vacation Bible School activity. Commissioner 21 Moser. 22 COMMISSIONER MOSER: Thank you, Judge. Little bit 23 of background on this. Kathy requested that this be put on 24 the agenda. The church has done this type of thing in this 25 area in the past several years; there's been no issue. The 6-24-13 63 1 plan is to close the street for one hour as delineated there, 2 and the volunteers will pick up the barricades and the cones 3 and everything from Road and Bridge, return them. They'll 4 clean it up. And so, therefore, I move that we enable them 5 to do that. 6 COMMISSIONER BALDWIN: Second. 7 JUDGE TINLEY: I have a motion and a second to 8 approve the agenda item. Question or discussion? All in 9 favor of that motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: Motion carries. Let's move to Item 14 19; to consider, discuss, and take appropriate action on 15 proposed budget calendar, except as modified by the workshop 16 schedule, for 2013-14, and proposed workshop schedule for 17 consideration of budget matters. I put this on the agenda to 18 try and set up or gel some sort of budget consideration 19 process. The -- the calendar is somewhat similar to the 20 calendar we had last year, in which we got through on an 21 early enough date to give the Auditor's office time to really 22 make sure we had this thing right. I know in previous years, 23 we had difficulty doing things at the very last minute, 24 and -- and that put the Auditor's office in a bind in trying 25 to get things finalized by the end of the fiscal year going 6-24-13 64 1 into the new fiscal year. So -- and occasionally we find 2 some things that were unintended, or maybe didn't get fixed 3 like we intended for them to get fixed. Also, I've given you 4 some dates for workshops, and most of those are going to be 5 on Commissioners Court dates, where maybe we'd come back in 6 the afternoon and do those, with the alternates being the 7 following day, which would be on Tuesdays, and be either late 8 morning or Tuesday afternoon. We can plug in all of those 9 workshop dates, use them as we need them. If we don't need 10 them, we just won't post agendas for them. 11 COMMISSIONER LETZ: Judge, if we do the -- all the 12 first dates, not the alternate dates, and for some reason we 13 overran, or -- we could always recess till the next day, 14 could we not? 15 JUDGE TINLEY: Sure. Sure could. 16 COMMISSIONER LETZ: So, it's kind of like we get 17 the alternate dates by approving the original dates. 18 COMMISSIONER OEHLER: I like that. 19 JUDGE TINLEY: We could -- we could set all of the 20 primary dates, just adopt them as potential budget workshop 21 dates, say, for example, beginning at 1:00 or 1:30 on Monday 22 afternoon, with the ability to recess and continue them 23 sometime the next day. 24 COMMISSIONER LETZ: I like that option. 25 COMMISSIONER OEHLER: I like it too. 6-24-13 65 1 COMMISSIONER MOSER: How many workshops were there 2 last year? About the same number? 3 JUDGE TINLEY: Three, I think, if I'm not mistaken. 4 COMMISSIONER OEHLER: Yeah. Didn't take many last 5 year. 6 JUDGE TINLEY: Yeah. 7 COMMISSIONER MOSER: Yeah, okay. 8 JUDGE TINLEY: But we -- you know, if we don't need 9 them, we just don't post an agenda. 10 COMMISSIONER MOSER: Sure. It's a good idea. 11 JUDGE TINLEY: Okay. 12 COMMISSIONER OEHLER: We don't need a motion for 13 that, do we? Or do you? 14 COMMISSIONER LETZ: You can do it. He can set 15 them. 16 JUDGE TINLEY: Yeah. I just wanted mainly to get 17 the consensus of the Court. 18 COMMISSIONER OEHLER: If it's posted, it's posted. 19 JUDGE TINLEY: Last year, things went 20 extraordinarily smooth, much more so than in prior years, and 21 we got through sooner. And like I say, it gives the 22 Auditor's office an opportunity to make sure everything that 23 the Court wanted to be included, or excluded, for that 24 matter, in the budget was done appropriately, as the Court 25 had indicated. All right, good enough. We'll have that one 6-24-13 66 1 to go forward on. Let's go to Item 21, if we might; to 2 consider, discuss, take appropriate action to approve Kerr 3 County's participation in the Texas Association of Counties' 4 Biometric Screening Pilot Program. Is Ms. Lantz here? 5 COMMISSIONER OEHLER: I don't see her. 6 JUDGE TINLEY: I don't either. 7 COMMISSIONER OEHLER: Biometric scanning? 8 COMMISSIONER BALDWIN: While we're home in bed 9 asleep, and in our own homes, by the way, they're dreaming up 10 stuff, I tell you. Beats anything I've ever seen. Things 11 are changing. Biometrics. 12 JUDGE TINLEY: This, I think, is a follow-on 13 program to the program that we had participating in some sort 14 of a wellness program and people walking and things of that 15 nature, that -- that we earlier had with Texas Association of 16 Counties. 17 COMMISSIONER LETZ: Judge, why don't we -- just a 18 suggestion -- pass on this one and the next one -- 19 COMMISSIONER BALDWIN: Yeah. 20 COMMISSIONER LETZ: -- until Ms. Lantz gets here. 21 I guess she'll be here at -- I believe at 11:30 for that 22 timed item. Then we can deal with the rest of the agenda. 23 JUDGE TINLEY: Well, I think with regard to 22, we 24 can go ahead and take that one up. 25 COMMISSIONER LETZ: Okay. 6-24-13 67 1 JUDGE TINLEY: We'll take no action on 21 at this 2 time. Let's go to Item 22; consider, discuss, take 3 appropriate action to designate Human Resources Director, 4 Dawn Lantz, as Kerr County Risk Manager for claims, and the 5 Kerr County contract person, which they call the Pool 6 Coordinator for the Texas Association of Counties Risk 7 Management Pool. We're trying to work out the insurance 8 items, and I believe we've got the concurrence on this item 9 with not only Ms. Lantz, but the Treasurer and the Auditor, 10 who have been doing various insurance functions with the 11 Texas Association of Counties. Am I correct on that, 12 Ms. Hargis? 13 MS. HARGIS: We're trying to centralize it. We 14 need to -- we need to appoint one point person. We've got 15 too many of us involved. And it -- and when someone has an 16 accident or something, your first inclination is H.R., 17 because that's where you want to go. They have to call for 18 workmen's comp anyway, and -- and TAC would prefer having a 19 single person as that rep. We're going to do all the 20 paperwork as far as -- 21 JUDGE TINLEY: Yeah, you'll handle the 22 administrative aspect. 23 MS. HARGIS: Yes. But she'll just take the calls 24 on the claims and -- and that sort of thing. We just think 25 that will just make it a little easier, especially since 6-24-13 68 1 we're going to be doing some other things this year too with 2 that. 3 JUDGE TINLEY: Okay. 4 MR. HENNEKE: Does this put -- I'm confused. Does 5 this put Dawn, then, as the -- in charge as the primary -- 6 you know, the top person for that? Or is Jeannie still the 7 one with authority, and Dawn's going to assist her? Are we 8 transferring authority from the Auditor to the H.R. Director, 9 or am I just misunderstanding this? 10 MS. HARGIS: Well, the authority for the claims 11 will -- will go to Dawn to send in. We never really had -- 12 that was the only function we did; we just sent in the 13 claims. As far as the administrative side, we just process 14 the paperwork, and so she's already on there as a pool 15 manager on TAC for workmen's comp, and so she's -- she'll 16 just receive the claims and send them in. There's really 17 never been a -- it's more like a point person, versus in 18 charge. I think the insurance policies have to come to the 19 Court to be approved. Once the appraisals come in, then we 20 bring those to court and have those approved. 21 MR. HENNEKE: So, for example, though, there have 22 been times in the past where there's been the threat of 23 litigation, to where I've been obligated to notify TAC in 24 order to bring them into the loop, and you've been the person 25 to whom I've been supposed to copy to let you know. So, 6-24-13 69 1 that's going to be Dawn from now on? 2 MS. HARGIS: Right. That's correct. 3 MR. HENNEKE: Okay. 4 COMMISSIONER LETZ: Is the Kerr County Risk 5 Manager, is that a -- a title that we have in the county? 6 MS. HARGIS: It's not a title that we necessarily 7 have, but that's a common title that's used for that person 8 who takes the claims. That's the title that TAC would prefer 9 that they have. It's not necessary to have that title, but 10 it does mean we have someone that they can go to. 11 COMMISSIONER LETZ: I guess my question -- and I'm 12 not meaning to split hairs on this. It's just that it's 13 written as though that's a position, and it seems to me that 14 what we're doing is just giving TAC a contact person. 15 JUDGE TINLEY: That's -- that's one major portion 16 of it. And as it -- as it pertains to the delineation of 17 duties between H.R., the Auditor, and the Treasurer, it also 18 is a designation that -- that H.R. is the risk manager for 19 claims. 20 COMMISSIONER LETZ: Right. But my -- my question 21 is, it seems to me we need to have a -- defer this, and come 22 back and have one court order for who handles our insurance, 23 who the people are. I mean, 'cause the way this agenda item 24 is, they're all capitalized. It says Kerr County Risk 25 Manager, which to me is a title of a position, and we don't 6-24-13 70 1 really have that position. We have someone who's doing the 2 function. 3 COMMISSIONER MOSER: The function, right. 4 COMMISSIONER LETZ: But to create a title for that, 5 I think we need to have who's doing what real clear. 6 MS. HARGIS: But that's the title I signed under 7 also, was the risk manager. That's what's on the form. 8 JUDGE TINLEY: That's the designation. 9 COMMISSIONER LETZ: So, we are creating a position. 10 MS. HARGIS: Well, I already had the position. 11 COMMISSIONER LETZ: Right. But, I mean, -- 12 COMMISSIONER OEHLER: As long as it doesn't come 13 with a pay increase. 14 COMMISSIONER LETZ: -- there is a position. 15 JUDGE TINLEY: That's the designation, as you'll 16 read the agenda item, for the Texas Association of Counties 17 Risk Management Pool, the risk manager for claims and the 18 contact person for TAC and the pool. 19 MS. HARGIS: It's not a position, as such. It's 20 just a person. 21 COMMISSIONER LETZ: Okay. 22 COMMISSIONER MOSER: I'm with Jonathan; it's a 23 little bit confusing. You either have somebody in that 24 position -- the description says that they are -- they have 25 that responsibility, and they are that person. If not, it's 6-24-13 71 1 just a function, and you don't have to have a title. 2 MS. HARGIS: Well, they prefer having the title. 3 I've had the title, and I didn't get any money for it. So -- 4 COMMISSIONER BALDWIN: So, Dawn is a person. 5 MS. HARGIS: She's the contact -- the contact 6 person. 7 COMMISSIONER BALDWIN: I'm with you two guys. I 8 think it needs to come back, and let's do it in a clear, 9 concise way. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER OEHLER: Fine with me. 12 COMMISSIONER MOSER: I agree. 13 JUDGE TINLEY: Okay, we'll float it in limbo for a 14 while and bring it back. Okay, let's go to Item 23; to 15 consider, discuss, take appropriate action to negotiate a 16 contract with Tetra Tech for professional engineering 17 services pursuant to the Regional Water and/or Wastewater 18 Facilities Planning Grant that being Texas Water Development 19 Board Contract Number 1348321577. Contract falls under the 20 Section 263.024(a)(4) professional service exemption, and 21 does not require competitive bidding for this project. 22 Commissioner Letz? 23 COMMISSIONER LETZ: I put this on the agenda mainly 24 just to authorize negotiating a contract with Tetra Tech to 25 do this work. They've actually -- they helped us with the 6-24-13 72 1 application, but we're under no obligation to use them as our 2 engineering firm. And in my mind, considering this is not a 3 real large grant, it makes sense to do that. If we go on 4 with the next phase, I would probably recommend at that 5 point, under a much larger amount, we would possibly go out 6 for bid on it. But on this one, considering the help they've 7 done, plus the small size of the grant, I recommend we just 8 continue with Tetra Tech on this. This is not to approve a 9 contract, just to enter into a -- to make sure the Court's in 10 agreement that we're going to try to work out a contract with 11 Tetra Tech and bring that back to the Court. 12 JUDGE TINLEY: Just gives you authority to go 13 forward and attempt to negotiate something to bring back to 14 the Court? 15 COMMISSIONER LETZ: Correct. I move approval of 16 the agenda item. 17 COMMISSIONER MOSER: Second. 18 JUDGE TINLEY: Motion made and seconded for 19 approval. Question or discussion? All in favor, signify by 20 raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: That motion does carry. Let's go 25 ahead and take us about, oh, probably 20 minutes or so recess 6-24-13 73 1 here, and we'll come back and finish up here in a little 2 while. 3 (Recess taken from 10:25 a.m. to 10:53 a.m.) 4 - - - - - - - - - - 5 JUDGE TINLEY: Okay. Let's come back to order, if 6 we might. Ms. Lantz asked that we -- if I can find my 7 agenda, wherever it may be -- that we come back and take a -- 8 where'd she go? There she is. Item -- Item 22; consider, 9 discuss, take appropriate action to designate Human Resources 10 Director, Dawn Lantz, as the Kerr County Risk Manager for 11 claims and the Kerr County contact person for the Texas 12 Association of Counties Risk Management Pool. There was some 13 items that weren't included within the backup, and 14 essentially, it's just a designation that you're the contact 15 person for a whole bunch of different things, whereas before 16 we had it scattered out, and in two or three others, as I 17 recall. 18 MS. LANTZ: Yes, sir. Under the Texas Association 19 of Counties Risk Management Pool, they have several different 20 sections that are designated. However, one section, there 21 has to be a pool coordinator, which is the main contact 22 person, and then you can clarify as to who you want as claims 23 coordinator, billing coordinator, and worker's compensation 24 coordinator. Currently, I am the worker's comp coordinator, 25 and the Treasurer, Tracy, is the pool claims and billing. 6-24-13 74 1 And the changes that we're -- we're trying to make, what the 2 Auditor wanted to see happen on this in order to make it flow 3 easier, is I be the main contact person and the claims 4 coordinator, as well as the worker's compensation, because I 5 do the billing for unemployment, worker's comp, and she 6 thought would it be clearer if I also did the vehicle claims. 7 And, however, the Auditor's office would be the billing 8 coordinator, where all the bills go to her and she 9 administers the bills, but I just did the claims, as far as 10 that goes. 11 COMMISSIONER LETZ: What does the title -- well, 12 not the title, but the coordinator, you used -- 13 MS. LANTZ: It's Risk Management Pool Coordinator. 14 COMMISSIONER MOSER: So, is that a clear definition 15 of the responsibilities of those three entities so there's 16 not an overlap? Or is -- 17 MS. LANTZ: Basically, what they do, the pool 18 coordinator will get all the information. They want one 19 initial contact person. 20 COMMISSIONER MOSER: For everything? 21 MS. LANTZ: Yes, sir. 22 COMMISSIONER MOSER: Got you. 23 MS. LANTZ: And so it was just making it more 24 defined that way. It wasn't in the Treasurer's office, it 25 wasn't in H.R., and it wasn't in the Auditor's. Jeannie had 6-24-13 75 1 suggested it just be her doing the billing, and then us 2 handling all the claims, since we already did worker's comp 3 right now. 4 COMMISSIONER LETZ: Let's see if I can make a stab 5 so we can get past this. I'll make a motion that we 6 designate Dawn Lantz, H.R. Director, as the Risk Management 7 Coordinator. 8 MS. LANTZ: Pool Coordinator. 9 COMMISSIONER LETZ: Pool Coordinator for TAC. And 10 additionally, she'll be responsible for claims and worker's 11 compensation issues, and the Auditor will remain responsible 12 for billing issues. Does that cover it? 13 MS. HARGIS: Yes. 14 JUDGE TINLEY: Ms. Hargis? 15 MS. HARGIS: Yes. 16 COMMISSIONER BALDWIN: I second that emotion. 17 JUDGE TINLEY: Motion made and seconded as 18 indicated. Question or discussion? All in favor, signify by 19 raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Motion carried. Thank you, 24 gentlemen. 25 MS. LANTZ: And, Judge, one more thing. I didn't 6-24-13 76 1 know -- I know this backup didn't make it in there, but it 2 does need the County Judge's signature on that. So, I don't 3 know if you need to amend that or not. 4 COMMISSIONER BALDWIN: I amend my second. 5 JUDGE TINLEY: To include my signature? 6 COMMISSIONER LETZ: Yes, and authorize for you to 7 sign. 8 JUDGE TINLEY: All right, good enough. Let's go to 9 Section 4 of the agenda. 10 COMMISSIONER LETZ: 21. 11 JUDGE TINLEY: Excuse me, Item 21. Consider, 12 discuss, take appropriate action to approve Kerr County's 13 participation in Texas Association of Counties' Biometric 14 Screening Pilot Program. Tell us what that's about, 15 Ms. Lantz. 16 MS. LANTZ: Basically, this program has been 17 instituted by Texas Association of Counties through our 18 health care insurance, and it's through our employees' 19 benefit pool wellness program which we currently participate 20 in. What they have done is, they're trying to make sure that 21 people are getting their screenings for cholesterol, glucose, 22 triglycerides. So, what this program is going to entail, 23 they come here to the county for one day, and those that want 24 to participate can, free of charge. TAC will pay for that 25 screening. And so they've asked either for July 24th or 6-24-13 77 1 25th, because it's a pilot program that if they can come in 2 to Kerr County and set up in an area, and those that want to 3 participate can participate, and those that don't can 4 continue going to their doctor. It's just a -- a health -- 5 health and wellness type situation to make sure that you take 6 care of yourself. 7 COMMISSIONER MOSER: So TAC will pay for it, and 8 employees can do it or not do it? 9 MS. LANTZ: It does not go against your insurance. 10 It's valued at $58, and this is something that TAC is trying 11 to initiate through our wellness program to get people to be 12 a little bit more health conscious. 13 COMMISSIONER MOSER: And they give the finding to 14 the employee and the employee gives them to their doctor or 15 whatever? 16 MS. LANTZ: Exactly. 17 COMMISSIONER MOSER: All right. 18 COMMISSIONER OEHLER: But they don't necessarily 19 evaluate the information. 20 MS. LANTZ: No, they just -- 21 COMMISSIONER OEHLER: They just take -- they 22 just -- 23 MS. LANTZ: I think what they do is, they give you 24 like they do when you get your results back; you're either 25 high or low, whatever, and recommendations. Follow up with 6-24-13 78 1 your physician. 2 COMMISSIONER OEHLER: Okay. 3 COMMISSIONER MOSER: So moved. 4 COMMISSIONER BALDWIN: Second. 5 JUDGE TINLEY: I've got a motion and second for 6 approval of the agenda item. Question or discussion? All in 7 favor, signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: Motion does carry. Now we'll go to 12 Section 4, payment of the bills. 13 COMMISSIONER BALDWIN: I move we pay the bills. 14 COMMISSIONER OEHLER: Second. 15 JUDGE TINLEY: Motion made and seconded to pay the 16 bills. Question or discussion? All in favor, signify by 17 raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: Motion carries. Budget amendments. 22 We have a budget amendment summary, four items, as indicated 23 on the budget amendment request dated June 24th, 2013. Do I 24 hear a motion that the budget amendments as delineated on 25 that summary be approved? 6-24-13 79 1 COMMISSIONER BALDWIN: So moved. 2 COMMISSIONER LETZ: Second. 3 JUDGE TINLEY: Motion made and seconded to approve 4 the budget amendments as shown on the summary. Question or 5 discussion? All in favor, signify by raising your right 6 hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: The motion does quarry. Didn't see 11 anything for late bills, no separate delineation. I've been 12 presented with monthly reports for May 2013 from the Kerr 13 County Treasurer, Justice of the Peace, Precinct 4, and the 14 District Clerk. Do I hear a motion that the indicated 15 reports be approved as presented? 16 COMMISSIONER BALDWIN: So moved. 17 COMMISSIONER LETZ: Second. 18 JUDGE TINLEY: Motion made and seconded to approve 19 the indicated reports. Question or discussion? All in 20 favor, signify by raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: Motion carries. Reports from 25 Commissioners in connection with their liaison or committee 6-24-13 80 1 assignments. Commissioner Oehler? 2 COMMISSIONER OEHLER: No, I don't think so. 3 JUDGE TINLEY: Commissioner Baldwin? 4 COMMISSIONER BALDWIN: No, sir. Thank you. 5 JUDGE TINLEY: Commissioner Moser? 6 COMMISSIONER MOSER: Not a thing. 7 JUDGE TINLEY: Commissioner Letz? 8 COMMISSIONER LETZ: I don't believe I have 9 anything. 10 JUDGE TINLEY: Reports from elected officials or 11 department heads? I'll start over here. 12 MS. PIEPER: No, sir. 13 JUDGE TINLEY: Ms. Hargis? 14 MS. HARGIS: I would just like to say thank you to 15 Dawn for putting the Weight Watchers program together, and 16 for these other programs that she's come up with, because I 17 think it's helped a lot of us. And the participants in the 18 current Weight Watchers program have done really well, and I 19 think that it's a good program, and it -- it's brought a lot 20 of the employees together, people that may not have known 21 each other, and camaraderie. And I think she's doing a great 22 job of that, and I just wanted to tell her thank you. 23 COMMISSIONER BALDWIN: I agree with you. Good job. 24 JUDGE TINLEY: Are you in the program, Commissioner 25 Baldwin? 6-24-13 81 1 COMMISSIONER BALDWIN: No, not yet. 2 JUDGE TINLEY: Okay. You've applied, but you 3 haven't been accepted yet? (Laughter.) 4 MS. LANTZ: We have lost 130 pounds since we've 5 been doing all of this together. 6 MS. HARGIS: There's 15 of us. 7 COMMISSIONER BALDWIN: That's great. 8 COMMISSIONER OEHLER: You could have my 40, and 9 that would make it look a little better, but I wasn't part of 10 the program. 11 JUDGE TINLEY: County Attorney? 12 MR. HENNEKE: Thank you. Three things. One -- and 13 I might have missed it, but on the budget workshops, Jody, 14 would you e-mail out the times, as well as the days on those? 15 They can't all be afternoon, because there's a couple 16 juvenile court settings at 1:30, but just whenever the times 17 are figured out, would you send that out? There's some 18 warranty issues at the show barn with Journeyman, and I got 19 an e-mail this morning during Commissioners Court from Peter 20 Lewis saying that he's engaged on it, and they're working 21 on -- 22 COMMISSIONER OEHLER: They need to get on it. 23 MR. HENNEKE: I know. 24 COMMISSIONER OEHLER: Others are causing problems. 25 MR. HENNEKE: I've made a call now to Peter Lewis 6-24-13 82 1 Architects, and -- and they're engaged. And then the last 2 thing I'll mention, just from current events, I see that the 3 eminent domain vote on condemning the property for the river 4 trail, that's on the City's agenda for tomorrow. That's kind 5 of interesting. I think there's one holdout property that 6 hasn't agreed to it, and so it's on the agenda. Rio Robles. 7 COMMISSIONER MOSER: That's just for one section of 8 it. 9 MR. HENNEKE: Right, going east towards... 10 COMMISSIONER MOSER: Yeah, okay. 11 COMMISSIONER BALDWIN: That's a big one, though. 12 COMMISSIONER MOSER: Wait till they go the other 13 way. 14 JUDGE TINLEY: Okay. At this time, the Court will 15 go into -- go out of public or open session at 11 -- 16 MS. LANTZ: Judge, Mr. Carpenter's here to do his 17 quick presentation on Number 20. 18 MR. HENNEKE: Not till 11:30. 19 JUDGE TINLEY: That's at 11:30. 20 MS. LANTZ: I'm sorry. 21 JUDGE TINLEY: And we'll go into executive session 22 to consider the item on our agenda, indicating the last item. 23 We'll go out of executive session at 11:05 -- or go out of 24 public or open session, excuse me. 25 \ 6-24-13 83 1 (The open session was closed at 11:05 a.m., and an executive session was held, the transcript of which 2 is contained in a separate document.) 3 - - - - - - - - - - 4 JUDGE TINLEY: Okay, let's come back into open or 5 public session at 11:27. Any member of the Court have 6 anything to offer with regard to anything considered in 7 open -- or in executive or closed session? 8 COMMISSIONER OEHLER: I move that we authorize the 9 County Attorney to draft an amicus brief and bring it back to 10 the Court for review and possible approval. 11 JUDGE TINLEY: In connection with Item 24? 12 COMMISSIONER OEHLER: With Item 1.24 agenda item. 13 COMMISSIONER BALDWIN: I second that emotion. 14 JUDGE TINLEY: Motion made and seconded. Question 15 or discussion? All in favor, signify by raising your right 16 hand. 17 (Commissioners Baldwin and Oehler voted in favor of the motion.) 18 19 COMMISSIONER MOSER: Abstain. 20 COMMISSIONER LETZ: Abstain. 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Let the record reflect that 24 Commissioner Moser abstained. 25 COMMISSIONER LETZ: I abstained as well. 6-24-13 84 1 JUDGE TINLEY: As well as Commissioner Letz, who's 2 now present in the room, also abstained. Motion carries. 3 COMMISSIONER OEHLER: Are you going to vote? 4 JUDGE TINLEY: I don't need to. 5 COMMISSIONER MOSER: He doesn't need to. 6 Two-nothing. 7 COMMISSIONER OEHLER: Two-two. Oh, that's just an 8 abstention, okay. 9 JUDGE TINLEY: Two abstentions, two in favor. 10 Motion does carry. Okay, let's go to our 11:30 timed item 11 now, a presentation by Mark Carpenter of MGT of America, 12 Inc., regarding Kerr County job description/classification 13 study, organizational structure, and salary and benefits 14 survey. We got to round him up. 15 MS. LAVENDER: I've already texted her. 16 JUDGE TINLEY: It's 11:30, but now that it's time, 17 where are they? 18 COMMISSIONER BALDWIN: Yeah. 19 COMMISSIONER MOSER: It's time management. 20 JUDGE TINLEY: Yeah. 21 MS. LAVENDER: I texted her and said we were ready. 22 COMMISSIONER BALDWIN: It's pretty clear she's not 23 near as hungry as I am. 24 MS. LAVENDER: She was ready at 11 o'clock; she 25 said y'all were hungry. 6-24-13 85 1 (Long pause.) 2 MR. HENNEKE: I'll bet Tracy knows some jokes. 3 MS. SOLDAN: No, not me. 4 JUDGE TINLEY: And we're late. 5 MS. HARGIS: We got some new I.R.S. laws, in case 6 you have rental property. 7 COMMISSIONER BALDWIN: Boo. 8 MS. HARGIS: I.R.S. is changing the rental part of 9 the code. If you own rental property that you use for 10 vacation or bed and breakfast or something like that, and you 11 do not use it for seven days or greater -- you don't use it 12 for seven days or greater, you no longer can take it as 13 rental property. And not only do you have to prove the seven 14 days, you have to have contracts. You have to have the 15 average of those contracts. So, if you have a rental 16 property that you rent out not all the time, it is now going 17 to be trade or business, and no longer rental property. 18 JUDGE TINLEY: For people that, say, for example, 19 own a condominium down at the coast, and they go down there 20 and stay. 21 MS. HARGIS: Mm-hmm. 22 JUDGE TINLEY: If they stay there for more than a 23 week, they're up a creek. 24 MS. HARGIS: So, his joke was -- his friend asked 25 him, How much do you charge for your condo for a week? And 6-24-13 86 1 he said 5,000. But, he said, I only charge 3,000 for two 2 weeks. So, it's going to be -- a lot of people have second 3 homes that they rent out, and in different places. 4 COMMISSIONER MOSER: What was it before? You 5 couldn't -- what was the restriction before? 6 MS. HARGIS: There was no restrictions before. It 7 just had to be shown as -- as rental property. 8 COMMISSIONER MOSER: I thought you couldn't use it 9 a certain amount of time. 10 MS. HARGIS: You can't use it for a certain amount 11 of time. 12 COMMISSIONER MOSER: Right. 13 MS. HARGIS: But now you have to add in that you 14 have to rent it at least seven days consecutively, and you -- 15 COMMISSIONER MOSER: I see. 16 MS. HARGIS: -- you have to prove the average. 17 And, apparently, a tax practitioner even got a penalty 18 because she didn't check the rental agreement contracts 19 against it. 20 COMMISSIONER MOSER: Got you. 21 MS. HARGIS: It's going to be interesting. Going 22 to cost some money. 23 COMMISSIONER MOSER: One more reason to eliminate 24 the I.R.S. 25 COMMISSIONER BALDWIN: Yeah, no kidding. 6-24-13 87 1 MR. HENNEKE: The Supreme Court this morning 2 reversed and remanded, but then overruled U.T.'s affirmative 3 action admission policy. 4 COMMISSIONER LETZ: Say again? 5 MR. HENNEKE: They reversed and remanded -- they 6 sent it back down to lower court for more -- basically, for a 7 trial. They didn't overturn it; they just said that the 8 State had not met the burden of strict scrutiny justifying 9 the affirmative action policy. So -- 10 JUDGE TINLEY: This is the U.T. case? 11 MR. HENNEKE: Yes, sir. 12 JUDGE TINLEY: Anything else that they finally 13 turned loose of today, or is that the only one? 14 MR. HENNEKE: Not -- not the cases we're looking 15 for. There's some other opinions, but they haven't released 16 the -- the other two big ones. 17 JUDGE TINLEY: What happened to our H.R. Director? 18 MS. HARGIS: She's coming. It takes five minutes 19 to come up here. 20 COMMISSIONER OEHLER: We need to get a buzzer put 21 around here. 22 COMMISSIONER MOSER: Are we going to have another 23 three-hour recess? 24 JUDGE TINLEY: Well, I'm considering modifying the 25 contract with MGT of America, Inc. The collective time of 6-24-13 88 1 this Court, the value of that time is such that -- that maybe 2 we ought to give some consideration to amending that 3 contract, getting a little deduct on it. 4 COMMISSIONER OEHLER: By 20 percent, for failure to 5 appear -- 6 JUDGE TINLEY: Yeah, that'll work. 7 COMMISSIONER OEHLER: -- in a timely fashion. 8 JUDGE TINLEY: That'll work. Ms. Grinstead, would 9 you go get the phone and see if you can dial them up? Let's 10 stand easy for a moment. We'll just be in recess for a bit. 11 (Discussion off the record.) 12 JUDGE TINLEY: Okay, let's go back on the record 13 for Item 20. Mr. Carpenter, we've run over a little bit on 14 the time, but during that interim, we've decided to seek a 15 credit on the contract for 20 percent due to the loss of time 16 occasioned by the Court and the value of that time with all 17 the members of this Court. 18 COMMISSIONER MOSER: I'll second that. 19 MR. CARPENTER: You going to vote on that? 20 COMMISSIONER OEHLER: We're thinking about it. 21 MR. CARPENTER: All right. Well, I'll try to be 22 very brief, then. I know everybody's got to get to lunch. 23 It's good to be with you all today. I'm just here to kind of 24 give a little bit of a report on where we are on the 25 classification study. Most of you, if not all of you, know 6-24-13 89 1 that the -- the process began last week with employee 2 orientation sessions. Those sessions were early last week, 3 and late last week we sent out these lovely job content 4 questionnaires. I don't know if any of you all have seen 5 them, but for those of you who supervise the folks that are 6 filling them out, you'll be -- you'll have a chance to review 7 what they've filled out over the course of the next couple 8 weeks, and provide comment and direction on those. Those 9 questionnaires also have a piece to them called a management 10 issues paper, and we want to make sure that in the process, 11 that we hear and understand from you, the other elected 12 officials, the other appointed officials and department 13 heads, to make sure that we get good and accurate information 14 on job duties and responsibilities. 15 We have sent those -- those e-mails out, and 16 employees -- in fact, I know some employees have already 17 completed their questionnaires. All employees will have 18 until this coming -- this Friday, the 28th, to complete 19 those. Obviously, a number of them will complete them 20 sooner, and then supervisors and managers have until the 21 following week, I think the 5th, to review those, make any 22 comments. Now, it's important to note that these are the 23 employees' questionnaires. There are no changes made to 24 those questionnaires. There are just comments and issues, 25 and there's a section for folks to make those kind of 6-24-13 90 1 comments. So, as you also know, there is a real effort to do 2 a couple of things that we understand that's very important 3 to you all as -- as Commissioners. First is to make sure 4 that you have new and accurate and comprehensive and 5 consistent job description format. 6 So, what is happening here is this data is going to 7 be taken, put into a standardized format for job 8 descriptions, and over the next couple of weeks, we will be 9 providing that information back to the County for review to 10 make sure that we understand completely what the duties and 11 responsibilities are of those employees who are participating 12 in the study. So, really, this is an internal analysis. We 13 also understand that it's not our charge to go out and 14 compare your salaries with other surrounding jurisdictions, 15 per se, but to use the County's existing classification and 16 compensation structure, and work within that to provide you 17 with an internally equitable system to make sure that the 18 hierarchy, if you will, of jobs are correct. Yes, sir? 19 COMMISSIONER BALDWIN: Do you compare them to other 20 counties the same size, et cetera? 21 MR. CARPENTER: No. No, sir, we're not doing any 22 external comparisons at all in this study. 23 COMMISSIONER BALDWIN: Thank you very much. Thank 24 you. 25 COMMISSIONER MOSER: You said job description 6-24-13 91 1 format? 2 MR. CARPENTER: Yes, sir. 3 COMMISSIONER MOSER: So we are consistent. But 4 you're looking at the content in the job description to make 5 sure it's clear, and internally within the county, making 6 sure that there's not duplication or overlap or whatever 7 also? 8 MR. CARPENTER: That's correct. 9 COMMISSIONER MOSER: Yeah, okay. 10 MR. CARPENTER: Yeah. Because right now, one 11 office may have a certain format, and they'll have the 12 essential job duties and minimum requirements and the A.D.A. 13 requirements and the F.L.S.A. -- they may be in one format. 14 Somebody else in another department may have a different one. 15 We're going to try to merge those together and give you one 16 consistent format for the job description that includes all 17 the pertinent data that you need. 18 COMMISSIONER MOSER: But I'm going beyond format. 19 I'm asking about content. 20 MR. CARPENTER: Yes, sir. 21 COMMISSIONER MOSER: And format. 22 MR. CARPENTER: The content -- the content is 23 generated from the information that you all provide to us. 24 In other words, if somebody fills out their questionnaire, 25 and they say that they do job duties A, B, C, and D, -- 6-24-13 92 1 COMMISSIONER MOSER: Right. 2 MR. CARPENTER: -- then their supervisor's going to 3 review that and make sure A, B and C and D is what they do. 4 If they also do E, F, and G, that information will be added 5 in by the supervisor. 6 COMMISSIONER MOSER: But are you also looking for 7 overlap between -- like, I'm responsible for duties A, B, C, 8 and D, and all of a sudden, the same duties and 9 responsibilities exist someplace else. 10 MR. CARPENTER: Well, if those -- if those duties 11 and responsibilities exist, then in a classification system, 12 you would then assume that those jobs would be in the same 13 pay grade on the -- on the pay system. That's what the goal 14 is. 15 JUDGE TINLEY: I don't think that was your 16 question. 17 COMMISSIONER MOSER: No, I'm looking for -- I'm 18 looking for overlap in responsibilities organizationally. 19 MR. CARPENTER: Okay. 20 COMMISSIONER MOSER: Making sure that there's clear 21 definition to who has responsibility and authority for 22 certain functions, so it's clear, so that there's not an 23 overlap within those responsibilities. 24 MR. CARPENTER: Well, this -- 25 COMMISSIONER MOSER: Are you doing that? 6-24-13 93 1 MR. CARPENTER: No, sir. This exercise is not 2 going to be us coming through and saying Employee A in this 3 department does duties A, B, and C, and Employee D over here 4 does the same duties. We don't think this person should be 5 doing them; this person should be doing them over here. 6 That's not the process. The process is taking the data and 7 information on what people are doing, and classifying them 8 properly -- 9 COMMISSIONER MOSER: Okay. 10 MR. CARPENTER: -- in the system. 11 COMMISSIONER MOSER: I got you. 12 JUDGE TINLEY: And if there is duplication of that 13 nature, it's up to the Court or the department heads or 14 elected officials to resolve those issues? 15 MR. CARPENTER: Yes. We can certainly point those 16 out to you. 17 COMMISSIONER MOSER: That's what I was looking for, 18 to identify. 19 MR. CARPENTER: Sure. Yes, sir. 20 COMMISSIONER MOSER: We can -- as long as you 21 identify them, I'm not -- we're not suggesting you say, "You 22 need to reorganize this accordingly," but here's -- "Here's 23 an area that you have duplication." 24 MR. CARPENTER: Exactly. 25 COMMISSIONER MOSER: Or lack of clear 6-24-13 94 1 understanding. 2 MR. CARPENTER: That information and that -- that 3 will be shown in the job descriptions. 4 COMMISSIONER MOSER: Okay. 5 MR. CARPENTER: So if you get a job description in 6 this department that looks very similar to this one, -- 7 COMMISSIONER MOSER: Mm-hmm. 8 MR. CARPENTER: -- you know, I'm not going to say 9 which one you need, or who needs to do what. That'll be -- 10 COMMISSIONER MOSER: Okay, thank you. 11 JUDGE TINLEY: You will point that out, though? 12 MR. CARPENTER: Yes, sir. 13 JUDGE TINLEY: Okay. 14 COMMISSIONER MOSER: That's my question. Thank 15 you. 16 MR. CARPENTER: Yes, sir. So, again, this process 17 is very time-sensitive, as you well know. You all want this 18 back yesterday, and so we've got a process where folks are -- 19 we're all trying to hold people's feet to the fire as best we 20 can in terms of filling these things out, getting them 21 reviewed, getting the information back to us. Then we're 22 going to turn around and provide you with draft job 23 descriptions to make sure that you are clear, because the 24 last thing we want to do is to make a classification 25 recommendation and then present the job descriptions, and 6-24-13 95 1 never have people say, "Well, this job description is not 2 right." You know, "How in the world can you put me in this 3 classification if you don't understand what I'm doing?" So, 4 it's important to make sure that we are all in agreement as 5 best as possible on what those duties and responsibilities 6 are. Once those are set, then we'll make those 7 classification recommendations within your existing 8 structure. As I said before, we're not going to be looking 9 and comparing to other counties and other counties of similar 10 size or demographics or tax base or anything like that. 11 We're -- we're just looking internally. We're not concerned 12 with -- at this point, because that's the direction that 13 we've been given, to look inside the county and make those 14 internal adjustments within your existing system. 15 COMMISSIONER LETZ: Are you looking at all -- and 16 this is just internally -- at the supervisors and elected 17 officials, any kind of elected official, or probably just 18 supervisors that, like, report to the Court, kind of looking 19 at them or creating a job description for them as well? 20 MR. CARPENTER: Well, I mean, if we get information 21 to create the job description, we certainly can create that 22 job description. 23 COMMISSIONER LETZ: Okay. 24 MR. CARPENTER: Okay? The problem that we have 25 with just looking internally is, if you've got -- and to be 6-24-13 96 1 honest with you, I haven't looked at it in very much detail, 2 but if you have a department head, and this department head 3 is currently paid at a certain level, and there's no pay 4 structure -- they're not in a pay grade 15 or 18 or 25, okay, 5 and we're not looking at what your other surrounding counties 6 are doing, we have no basis on which to say, "Well, if 7 they're paid 'X', they don't need to be paid 'X'; they need 8 to be paid 'Y'." We don't have any analysis. We don't have 9 any point of reference in comparison, because we're not 10 comparing it to the marketplace. 11 COMMISSIONER LETZ: But what you have internally 12 is -- is, you know, between different functions? 13 MR. CARPENTER: Yes, for those. 14 COMMISSIONER LETZ: Possibly? 15 MR. CARPENTER: Yeah, we could -- we could come up 16 and say that, you know, these jobs are generally in the same 17 category. Or this -- this job or this job is certainly based 18 upon the duties and responsibilities at a -- we see at a 19 level that would typically be higher, based upon our 20 experience working with counties in Texas. 21 COMMISSIONER LETZ: That's what I was looking for. 22 COMMISSIONER MOSER: Okay. 23 MR. HENNEKE: Can I ask a question? Are you 24 looking at just county departments and offices, or are you 25 also looking at the kind of quasi-county entities that the -- 6-24-13 97 1 you know, the Commissioners Court has budgetary oversight 2 over, and is kind of intermingled, like Juvenile Probation 3 Department, Adult Probation Department, the District Court 4 staff, the District Attorneys, the Appraisal District, 5 airport staff, any of that? 6 MR. CARPENTER: It's my understanding -- you 7 mentioned Juvenile Probation. I mean, that's one that's 8 definitely not going to be, because they've identified that 9 they're not under the Commissioners Court. It's -- it would 10 be only those departments where the County has identified 11 they'd like us to look. If they're currently in a pay grade 12 and they're currently in the system, that's what we're 13 looking at. 14 MR. HENNEKE: So, we've picked which -- 15 MR. CARPENTER: You all have identified which. 16 MR. HENNEKE: Okay. 17 MR. CARPENTER: Yes. And that database has kind of 18 gone back and forth, and all that information has been sent 19 out to those employees last week, so the process is already 20 under way. So, hopefully when we get done with this, then 21 we'll have a classification system that reflects duties and 22 responsibilities as they're now being performed. It will 23 also reflect the internal hierarchy, that if there's jobs 24 that need to be on the same pay grade that aren't on the same 25 pay grade, those kind of recommendations will come forward, 6-24-13 98 1 and you'll have a new set of uniform, consistently formatted 2 job descriptions that include the job duties and 3 responsibilities that are identified, you know, by -- by this 4 process. 5 COMMISSIONER MOSER: You may have said this, but 6 what's the schedule? 7 MR. CARPENTER: We're talking about getting 8 information back from the County in terms of all the duties 9 and responsibilities by July 5th. We're talking before the 10 end of July to get you some recommendations on that. 11 COMMISSIONER MOSER: Okay. 12 JUDGE TINLEY: Let me make inquiry with respect to 13 department heads who are not elected officials that fall 14 under Commissioners Court. Are those department heads part 15 of the study? That they're being requested to delineate all 16 of their job -- job description and duties, too? 17 MS. LANTZ: Yes, sir. 18 JUDGE TINLEY: Okay, good. That way they can be 19 evaluated as to degree of responsibility based on all these 20 various things of -- 21 MS. LANTZ: They're filling out the exact same 22 questionnaires as the employees are. 23 JUDGE TINLEY: Okay, good. That way they can be 24 evaluated with -- as you indicated, regarding the higher 25 degree of responsibility or lesser, as the case may be. 6-24-13 99 1 MR. CARPENTER: Correct. 2 JUDGE TINLEY: Okay. Okay. Any more questions for 3 Mr. Carpenter? 4 MR. CARPENTER: All right. Well, thank you very 5 much. 6 JUDGE TINLEY: Thank you so much. 7 MR. CARPENTER: I'm sure we'll see you again soon. 8 JUDGE TINLEY: Thank you for working with us on 9 this. 10 MR. CARPENTER: Appreciate it. 11 JUDGE TINLEY: Anything else to come before the 12 Court under this current agenda? Hearing nothing further, 13 we're adjourned. 14 (Commissioners Court adjourned at 11:47 a.m.) 15 - - - - - - - - - - 16 STATE OF TEXAS | 17 COUNTY OF KERR | 18 The above and foregoing is a true and complete 19 transcription of my stenotype notes taken in my capacity as 20 official reporter for the Commissioners Court of Kerr County, 21 Texas, at the time and place heretofore set forth. 22 DATED at Kerrville, Texas, this 27th day of June, 2013. 23 JANNETT PIEPER, Kerr County Clerk 24 BY: _________________________________ 25 Kathy Banik, Deputy County Clerk Certified Shorthand Reporter 6-24-13