1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, August 26, 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 August 26, 2013 2 PAGE 3 --- Commissioners' Comments 7 4 1.1 Presentation of Texas Historical Commission's 2012 Distinguished Service Award to Kerr County 5 Historical Commission 11 6 1.2 Consider/discuss, take appropriate action to approve contract with LexisNexis for record 7 searches for Court Compliance Department and authorize Judge to sign 13 8 1.3 Consider/discuss, take appropriate action to 9 accept preliminary revision of plat for Lot 51 of Kerrville South 2 Subdivision, Precinct 1 16 10 1.4 Consider/discuss, take appropriate action for 11 variance to platting rules concerning Lot 14 of Verde Park Estates 2; set public hearing, Pct. 2 18 12 1.6 Consider/discuss, take appropriate action to 13 approve budget for Kerr 911 26 14 1.12 Kerr Economic Development Corporation Work Program update 32 15 1.14 Public hearing on proposed Kerr County budget 16 for FY 2013-14 39 17 1.5 Consider/discuss, take appropriate action on request from Kerr County Sheriff to use show 18 barn and kitchen area at Hill Country Youth Event Center free of charge in order to sponsor 19 location for Texas Rangers In-Service Training event on October 8, 2014 41 20 1.15 Consider/discuss, take appropriate action to 21 provide for continuation of Crime Victims Assistance program and obtaining of necessary 22 funding for Crime Victims Assistance office 44 23 1.16 Consider/discuss, take appropriate action to authorize Environmental Health/Animal Control 24 Director to convert part-time ACO/Kennel Worker position into full-time position and hire new 25 employee at Step & Grade 14.1 63 3 1 I N D E X (Continued) August 26, 2013 2 PAGE 1.18 Conduct public hearing on County Clerk's Written 3 Archival Plan in accordance with Local Government Code §118.025 65 4 1.19 Consider/discuss, take appropriate action 5 concerning restructuring the Court Compliance Department 66 6 1.20 Consider/discuss, take appropriate action to 7 make any necessary adjustments to budget items 72 8 1.21 Consider/discuss, take appropriate action to adopt FY 2013-2014 Kerr County budget 89 9 1.22 Consider/discuss, take appropriate action to 10 adopt 2013 Lake Ingram Estates Road District tax rate 93 11 1.23 Consider/discuss, take appropriate action to 12 adopt 2013 Kerr County tax rate, to include Maintenance and Operations, Interest and Sinking 13 (debt), and Lateral Roads tax rate 94 14 1.7 Consider/discuss, take appropriate action to recognize Cutbirth Road as a 3rd class County- 15 maintained public road and approve erection of gates across Cutbirth Road by Bill Johnston and 16 Ford Smith, pursuant to Texas Transportation Code 100 17 1.8 Consider/discuss, take appropriate action on request from Hill Country District Junior 18 Livestock Association to use Flat Rock Lake Park from January 12, 2014 to January 18, 2014 19 for the 2014 stock show 105 20 1.9 Consider/discuss, take appropriate action on request from the Hill Country District Junior 21 Livestock Association to close Riverside Drive from Wednesday, January 15, 2014, at 12:01 a.m. 22 to Friday, January 17, 2014, at 11:59 p.m. for the 2014 stock show 106 23 1.10 Consider/discuss, take appropriate action on 24 request from the Hill Country District Junior Livestock Association to put port-a-potties 25 at Flat Rock Lake Park during 2014 stock show 107 4 1 I N D E X (Continued) August 26, 2013 2 PAGE 1.11 Consider/discuss, take appropriate action on 3 request from the Hill Country District Junior Livestock Association to use Flat Rock Park 4 from Tuesday, January 14, 2014, at 12:01 a.m. to Friday, January 17, 2014, at 11:59 p.m. to 5 park trailers & use as staging area for delivery of animals, and close park to other vehicular 6 traffic during that time period 108 7 1.13 Consider/discuss, take appropriate action regarding 2014 Kerr Central Appraisal District 8 budget 109 9 1.17 Consider/discuss, take appropriate action to authorize Environmental Health/Animal Control 10 Director to terminate contract with UniFirst for Animal Control Department uniforms 112 11 1.24 Consider/discuss, take appropriate action to 12 approve setting cost for a copy of FY 2013-14 budget 116 13 1.25 Consider/discuss, take appropriate action on 14 approval of resolution by Commissioners Court of Kerr County, Texas authorizing County Judge 15 to execute a Certificate of Approval concerning issuance of revenue bonds designated as “City of 16 Hondo, Texas Higher Education Facilities Corporation Higher Education Revenue Bonds 17 (Schreiner University Project), Series 2013” by City of Hondo, Texas Higher Education Facilities 18 Corporation in satisfaction of the requirements contained in Section 147(f), Internal Revenue 19 Code of 1986, as amended 118 20 1.26 Consider/discuss, take appropriate action to approve suspension of Investment Advisory 21 Agreement between Kerr County and Patterson and Associates; have County Judge and Auditor 22 sign same 120 23 1.27 Consider/discuss, take appropriate action to solicit or obtain applications or other 24 expressions of interest from persons seeking appointment by Kerr County Commissioners Court 25 to fill vacancy of Kerr County Attorney 122 5 1 I N D E X (Continued) August 26, 2013 2 PAGE 3 1.28 Consider/discuss, take appropriate action and receive update concerning Guadalupe Blanco River 4 Authority draft permit #12378 filed with TCEQ 124 5 1.29 Consider/discuss, take appropriate action regarding burn ban and burning in trash 6 barrels with screens 127 7 4.1 Pay Bills 130 4.2 Budget Amendments 131 8 4.3 Late Bills 131 4.4 Approve and Accept Monthly Reports 132 9 5.1 Reports from Commissioners/Liaison Committee 10 Assignments 133 5.2 Reports from Elected Officials/Department Heads 134 11 --- Adjourned 136 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 1 On Monday, August 26, 2013, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regular meeting of the Kerr County 9 Commissioners Court posted and scheduled for this date and 10 time, Monday, August 26th, 2013, at 9 a.m. It is that time 11 now. Commissioner Baldwin? 12 COMMISSIONER BALDWIN: Yes, sir. Would you stand 13 and pray with me, please, and then we'll do the pledge of 14 allegiance. 15 (Prayer and pledge of allegiance.) 16 COMMISSIONER BALDWIN: Thank you. 17 JUDGE TINLEY: Be seated, please. At this time, if 18 there's any member of the public or audience that wishes to 19 be heard on a matter which is not one of our listed agenda 20 items, this is your opportunity to come forward and be heard. 21 If you wish to be heard on an agenda item, we'd prefer that 22 you fill out a participation form. There should be some 23 located at the rear of the room. That gives me notice that 24 someone is seeking to be heard on an agenda item. But even 25 if you haven't filled out a participation form and wish to be 8-26-13 7 1 heard on an agenda item, get my attention in some manner when 2 we get to that item, and I will give that you opportunity. 3 But right now, if there's any member of the public or 4 audience that wishes to be heard on any matter which is not 5 one of the listed agenda items, this is your opportunity to 6 come forward and tell us what's on your mind. Seeing no one 7 moving forward, wishing to be recognized, we will move on. 8 Commissioner Baldwin? 9 COMMISSIONER BALDWIN: Judge, I don't have anything 10 to talk about at this time. I think there's going to be some 11 comments later on during the meeting. I appreciate your 12 offer. Thank you. 13 JUDGE TINLEY: Commissioner Moser? 14 COMMISSIONER MOSER: A couple things, pretty nice 15 events in the county in the last couple weeks. The 4-H 16 awards dinner, lots of awards given out to lots of kids, and 17 probably about 300 people I estimate that was there. Then 18 this Saturday was the first -- first ever roller derby event. 19 I went out to observe that, try to understand what those 20 ladies were doing to one another, and -- and there were 21 probably about 400 people at that thing. 22 COMMISSIONER BALDWIN: You're kidding. 23 COMMISSIONER MOSER: Yeah, so it's off to a -- to a 24 good race. So, anyway, I thought that was -- you know, 25 things are happening. 8-26-13 8 1 JUDGE TINLEY: Okay. Anything else? 2 COMMISSIONER MOSER: That's it. 3 JUDGE TINLEY: Commissioner Letz? 4 COMMISSIONER LETZ: Just the first day of school 5 for many of the kiddoes around the area, and I'll just remind 6 everyone to be careful in school zones. And I hope y'all 7 have a -- all the kids have a good year. That's it. 8 JUDGE TINLEY: Did you get the opportunity to take 9 yours this morning? 10 COMMISSIONER LETZ: Yes, I did. I was at a second 11 grade classroom and a fourth grade classroom this morning. 12 JUDGE TINLEY: Good. Commissioner Oehler? 13 COMMISSIONER OEHLER: Oh, not too much more. Just 14 I've been out of town; I took a little time off, but I did -- 15 you know, the front page of the Times, you know, was pretty 16 nice this morning about the event -- the roller derby event. 17 And, you know, that brought in some folks. And, you know, if 18 you want to start talking about utilizing the facility, well, 19 this is one thing we never saw before, and there are more 20 coming. So, you know, it's not like that thing just sits 21 there with nothing going on. It's bringing people to town, 22 so we want to keep that going. That's it. 23 JUDGE TINLEY: I appreciate the local media 24 starting to bring attention to the water issues that we have 25 locally. Unfortunately, I think it deserves a little more 8-26-13 9 1 in-depth coverage and information to the public. I think 2 things are, unfortunately, more serious than what we might 3 understand. But I would urge everyone to do everything they 4 can to conserve their use of water. Lawns are nice, but the 5 lives of people, I think, are a little bit more important, 6 and we need to get things in priority a little bit better. 7 COMMISSIONER MOSER: Can I add one other thing? 8 JUDGE TINLEY: You may, sir. 9 COMMISSIONER MOSER: Commissioner Letz and I 10 participated with State Senator Troy Fraser in a meeting the 11 other day, and he is head of the Natural Resources Committee 12 for the -- for the state. He is proposing a constitutional 13 amendment, which I think is Amendment Number 6, so -- and 14 what that does is it takes some rainy-day funds and puts it 15 into another fund for water infrastructure. The objective is 16 to -- the objective is to have water available for the state 17 for the next 50 years, and so it's looking at everything that 18 you can think of, and then funds those things which are 19 highest priority, like desalination, additional A.S.R. wells, 20 et cetera, et cetera. So, I don't want to go into it, but 21 the only reason I bring that up is, be aware of it, know 22 about it, study it, understand it, and vote on November the 23 5th so that those -- that constitutional amendment could 24 enable those funds to be there. It's not going to spend the 25 money. It's going to be there so localities can borrow the 8-26-13 10 1 money to do the water resources projects that they want to. 2 So -- and then they have to pay it back. So, it's a good 3 deal. Anyway -- 4 JUDGE TINLEY: You got any comments about the water 5 issue, Mr. Letz? 6 COMMISSIONER LETZ: Just everyone needs to stay 7 involved. I think most are aware that I'm chairman of Region 8 J, and one of the big issues that we're tackling right now is 9 we are tasked with setting -- the chairs are tasked with 10 setting the criteria that will be used for statewide ranking 11 of water projects. And then for our area, we will be ranking 12 the projects, and it'll be a difficult process. And I 13 mentioned this to Senator Fraser. I said, you know, "This 14 seems to be putting on the regional planning groups how to 15 prioritize what's more important, water for Del Rio or water 16 for Kerrville." And his answer was, "Yes, that's a difficult 17 thing you have to do." So -- 18 JUDGE TINLEY: That's exactly what it does. 19 COMMISSIONER LETZ: It will be an interesting 20 process. Our regional prioritization I don't think will be 21 nearly as difficult. It's going to come up when it gets time 22 for the 16 regions to come together and figure out how to 23 prioritize across the state -- or our boundaries and across 24 the state. It will be pretty interesting, 'cause they -- the 25 Senate, anyway -- or Senator Fraser, anyway, he anticipates 8-26-13 11 1 and expects a project somewhere in the state to be number 2 one, the most important project in the state. And he doesn't 3 know what the criteria is going to be; he's not going to tell 4 you what he thinks they should be. It's up to the regional 5 planning groups to determine that. So, it's going to be an 6 interesting couple months coming up, and we're on a real fast 7 track. I believe this has to be done by December -- early 8 December, so it's not a whole lot of time to come up with 9 this. That's it. 10 COMMISSIONER MOSER: Thank you. 11 JUDGE TINLEY: Okay. Let's move on with our 12 agenda. We'll go to the first item on the agenda, a 13 9 o'clock timed item, which is a presentation of the Texas 14 Historical Commission 2012 Distinguished Service Award to the 15 Kerr County Historical Commission. We have a number of the 16 members of the Kerr County Historical Commission present here 17 today, and let me let the audience see it. The Texas 18 Historical Commission has presented their Distinguished 19 Service Award for 2012 to the Kerr County Historical 20 Commission in recognition of its active and well-balanced 21 preservation program. Of course, we have some of the 22 officers here, and I invite them to maybe tell the audience a 23 little bit about what their recent activities have been, and 24 so that we'll know more about what you're doing. 25 MS. LEONARD: Okay. There were only 88 chapters 8-26-13 12 1 out of 200 -- well, 254 historical commissions in the state 2 of Texas that were given this award, and we're one of the 88. 3 And we have to meet certain criteria. I have to fill out a 4 huge survey telling what we're doing, and they go through all 5 that, everything we've done, and -- and make that decision. 6 And we're very proud of all of our members. It's not me; 7 it's the 30-something people in our -- in our organization. 8 And some of our things we're working on, along with the 9 Friends of the Commission, we're working on hopefully getting 10 a Hill Country museum, and we're getting really excited about 11 that, and hope that we get -- I think we'll have a lot of 12 support with the community. And we have some historical 13 signs going up in downtown Kerrville, and it's always a 14 problem in the county finding funds to save our historical 15 buildings and property. So -- and we always welcome anybody 16 to come to our member -- our meetings. We have them on the 17 third Monday of every month at the Union Church at noon, and 18 we have great programs. Francelle Collins plans our 19 programs. Our meetings rarely last over an hour. And so we 20 invite y'all to come on the third Monday. And thank you, 21 Commissioners, for your support. 22 COMMISSIONER MOSER: Thank you, Julie. 23 JUDGE TINLEY: I'd ask that all members of the Kerr 24 County Historical Commission stand so that folks here can 25 recognize who's here in that capacity. Thank you very much. 8-26-13 13 1 (Applause.) 2 JUDGE TINLEY: Okay, let's move to our second 3 9 o'clock timed item; to consider, discuss, and take 4 appropriate action to approve the contract with LexisNexis 5 for records searches for the Court Compliance Department, and 6 authorize the Judge to sign the same. Ms. Pieper? 7 MS. PIEPER: Well, gentlemen, if we're going to 8 have Court Compliance in my office, then we need to be able 9 to do some searches, and so by signing -- authorizing the 10 Judge to sign this contract, then we can start October 1st. 11 The County Attorney has looked at it and has approved it. 12 MR. HENNEKE: You made the changes, Jannett? 13 MS. PIEPER: Yes. 14 COMMISSIONER LETZ: Move approval. 15 COMMISSIONER OEHLER: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval. Question or discussion on that motion? 18 COMMISSIONER BALDWIN: Question. What did they use 19 before today? 20 MS. PIEPER: I haven't had the collections 21 department in there since Terry took over. 22 COMMISSIONER BALDWIN: Terry, what did y'all have 23 before today? 24 MS. LYLE: LexisNexis. 25 COMMISSIONER BALDWIN: So, are we renewing a 8-26-13 14 1 contract, or is this a brand-new agreement? 2 MS. PIEPER: This is a brand-new agreement. 3 Because I think the previous contract was probably under the 4 actual Court Compliance Department. 5 COMMISSIONER BALDWIN: I see. You know, I've been 6 out-of-pocket a little bit, but I understand that there's -- 7 we split up the Court Compliance office, and one person went 8 with you and one went upstairs, maybe. 9 MS. PIEPER: That is correct. 10 COMMISSIONER BALDWIN: Now, is the person upstairs 11 going to have access to this program? 12 MS. PIEPER: I don't know; I can't speak for the 13 District Clerk. 14 COMMISSIONER BALDWIN: Okay, thank you. 15 COMMISSIONER LETZ: Commissioner, I appreciate 16 those questions. I think they're important. First, the 17 contract will not be with Court Compliance. The contract 18 will be with Kerr County. 19 MS. PIEPER: Correct. 20 COMMISSIONER LETZ: Therefore, why can't the same 21 contract just be extended, and change users? Or different 22 employees? 23 MS. PIEPER: From what I understand, it's with Kerr 24 County, but then it's with the Kerr County Clerk's office -- 25 department. I don't understand contracts. 8-26-13 15 1 JUDGE TINLEY: I think it's more in the nature of a 2 license agreement, and it's very much like our software 3 programs, and you got to have a license for each user. 4 MS. PIEPER: Correct. 5 JUDGE TINLEY: You know, those people that have 6 these specialized programs, for example, they don't want to 7 give one license to Kerr County and have 260 people using it. 8 If there are going to be 260 people using it, they want to 9 get paid for 260 licenses. Works very much the same way. 10 COMMISSIONER LETZ: But we have two -- we had two 11 users, and we're going to have two users. 12 MS. PIEPER: Under the contract -- under this 13 contract, the Kerr County clerk's office will have one user. 14 JUDGE TINLEY: Mm-hmm. That's this contract -- 15 MS. PIEPER: Correct, yes. 16 JUDGE TINLEY: -- we're talking about now. 17 COMMISSIONER LETZ: Why would we have -- I don't 18 understand why we don't have one contract -- we only have one 19 agreement with Odyssey; it runs in the whole county. Why do 20 we need two -- I don't understand why we don't have one 21 agreement still. I don't care if it's one user upstairs, one 22 user downstairs -- 23 JUDGE TINLEY: One down the street. 24 COMMISSIONER LETZ: Yeah. I mean, it's one 25 contract. I mean, to me, it is simpler if we just have one 8-26-13 16 1 contract. How about I withdraw my motion? 2 MS. PIEPER: We can -- 3 COMMISSIONER OEHLER: I withdraw my second. 4 COMMISSIONER BALDWIN: Thank you. 5 JUDGE TINLEY: I think we're going to bring this 6 back. 7 COMMISSIONER LETZ: I think we need to coordinate, 8 see if we can get one contract. 9 MS. PIEPER: Okay. 10 COMMISSIONER LETZ: Thank you. 11 JUDGE TINLEY: Get everything done in one go. 12 Let's go to Item 3, which is our next 9 o'clock timed item; 13 to consider, discuss, and take appropriate action to accept 14 the preliminary revision of plat for Lot 51 of Kerville 15 South 2 Subdivision, Adams, Beaty and Moulton Survey 16 Number 1, Abstract Number 13, and as set forth in Volume 4, 17 Page 64, located in Precinct 1. Good morning, Len. How are 18 you doing? 19 MR. ODOM: Just fine, sir. If there's anything 20 wrong, Buster, we're going to blame Voelkel here for any 21 problems. So, we're going to blame on it Don. 22 COMMISSIONER BALDWIN: We're going to anyway. 23 MR. VOELKEL: It's usually Lee's fault, but I'm 24 here; he's not here. 25 COMMISSIONER BALDWIN: Yeah. 8-26-13 17 1 MR. ODOM: Randal and Patricia Rosinbaum own Lot 2 51, which is 6.66 acres in Kerville South 2 Subdivision. The 3 Rosinbaums would like to divide their property into Lot 51-A, 4 4.16 acres, and Lot 51-B, 2 and a half acres. Kerville South 5 2 Subdivision is served by Wiedenfeld Water System. So, at 6 this time we ask the Court to accept the preliminary revision 7 of plat for Lot 51 of Kerville South 2 Subdivision, Adams, 8 Beaty, and Moulton Survey Number 1, Abstract Number 13, and 9 Volume 4, Page 64, and set a public hearing for Tuesday, 10 October the 15th, 2013, at 9 a.m., in Precinct 1. 11 COMMISSIONER BALDWIN: Anybody have any issues 12 before I make a motion? I move to approve. 13 COMMISSIONER MOSER: Second. 14 JUDGE TINLEY: Motion made and seconded for 15 approval. Question or discussion? 16 COMMISSIONER LETZ: I just have a nitpicky question 17 for Mr. Voelkel. 18 COMMISSIONER BALDWIN: You got a shot at this 19 already. 20 COMMISSIONER LETZ: We started out with 6.65, and 21 we ended up with 6.66. Is there a magic -- you know, how we 22 created a .01 acres? 23 COMMISSIONER BALDWIN: That's Lee's deal, isn't it? 24 MR. VOELKEL: Yeah. 25 MR. ODOM: I would say GPS. 8-26-13 18 1 COMMISSIONER LETZ: Survey difference or something? 2 MR. VOELKEL: No, when that original survey was 3 done, I think, back in the '70's -- 4 MR. ODOM: '73. 5 MR. VOELKEL: -- it was chains and turning angles, 6 and so this is just much more accurate. 7 COMMISSIONER LETZ: All right. I assume that's 8 what it was. 9 COMMISSIONER MOSER: Not Aggie-related. 10 MR. ODOM: Good answer. 11 JUDGE TINLEY: Any other question or discussion on 12 that motion? All in favor of the motion, 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 JUDGE TINLEY: Motion carried. Let's go to Item 4, 18 a 9:05 timed item; to consider, discuss, and take appropriate 19 action for variance to the platting rules concerning Lot 14 20 of Verde Park Estates 2, set forth in Volume 5, Page 235, 21 Plat Records, and set a public hearing, located in 22 Precinct 2. 23 MR. ODOM: Yes, sir. This is -- bear with me. 24 It's a little complicated, but it works out to everybody's 25 satisfaction, and helps everybody. Mr. Stouts bought Lot 14, 8-26-13 19 1 2.882 acres, in Verde Park Estates in 2010 via warranty deed 2 with vendor's lien. After the purchase of this property, 3 realized that this piece of property had actually sold twice. 4 Mr. Stouts does not want to lose his property that he bought 5 in good faith, and has come up with a solution that would 6 require a variance from the platting rules and allow both 7 people to stay in their homes. What happened was that the 8 title company missed this. I -- I can't remember; I think 9 '86 or something, it was a warranty deed to an individual. 10 Then the person died, and it went into probate, and in that 11 probate is where this gentleman bought -- bought the 12 property. It's a civil matter for something, but basically, 13 the property is in jeopardy of being lost to both individuals 14 into a -- probably a suit. So, this solves the problem, that 15 both people keep their property. Under section 501(e) of 16 Kerr County Subdivision Rules and Regulations, the 17 high-density area in Center Point is defined as being 18 1.5-mile radius from the intersection of Farm-Market 480 and 19 Farm-Market 1350, China Street. The Stouts' property is 1 20 mile from this intersection. So, under Table 5, his property 21 falls under the rule that the total acreage, 2.882 acres, is 22 divided by two, which equals the maximum number of lots in 23 the subdivision, which is 1.441, so it can only be one lot. 24 However, this is Part 2. There is three phases to this 25 subdivision. In 1973, the Court accepted Verde Park 8-26-13 20 1 Boulevard, I believe was the name of it. That was Phase 1. 2 And in that, that's along that creek. They're .32 acres, 3 .44, .4, .45. All of them are small. You know, this is 4 before we had subdivision rules. This is directly -- you 5 pick up a rock; I can throw the rock and, you know, go across 6 the other side into the other phases. Because of that, this 7 being said that the property cannot be further subdivided, 8 the gentleman bought this in good faith, so we're trying to 9 carve out five-tenths of an acre of this place that's here, 10 and so this five-tenths falls within the state rules, all 11 right? And then this would leave Mr. Stouts 2.382 acres. 12 We're asking -- or I'm asking for a variance. It's not for 13 the state rule, but our rule. One-half acre is the minimum 14 for state law, and state law is being met. And this variance 15 would allow both owners to retain their property. So, at 16 this time, we ask the Court to accept the concept plan and 17 grant a variance to the platting rules for Lot 14 of Verde 18 Park Estates II, Volume 5, Page 235. We also ask the Court 19 if they will grant this variance to set a public hearing for 20 Tuesday, October the 15th, 2013, at 9:10 a.m. And then when 21 we set this for the preliminary -- or what I'm asking for is 22 an alternate plat process to do this. And also, for your 23 information, that I believe what I saw on the plans is that 24 the sewer line is coming down 480 past this place, past this 25 subdivision. So, there may be a possibility that they could 8-26-13 21 1 be tied in. I don't know what the rules are, and maybe it 2 will be mandatory that they tie into the sewer. 3 COMMISSIONER MOSER: Yeah, let me comment on that. 4 I don't think it crosses Verde Creek. But if I may just 5 amplify on something that Len said on this, part of the 6 variance that is being requested for subdividing the 2.-- 7 acre tract into 2.3 -- into a half acre, and across -- 8 directly across the street, there must be 30 or 40 lots, as 9 Len said, that are probably four-tenths of an acre. So, this 10 is consistent, and looking at some of the county guidelines 11 and policies, it says variances can be granted for existing 12 use of land and consistent with existing use of land in the 13 vicinity. Well, this is across the road, so it's consistent 14 with that. So, I would -- I would move to accept the -- 15 adopt the variance and to establish a public hearing as 16 requested. 17 COMMISSIONER LETZ: I'll second, but I think we 18 need to clear up that -- 19 COMMISSIONER MOSER: Okay. 20 COMMISSIONER LETZ: -- language slightly. 21 JUDGE TINLEY: Motion made and seconded. Question 22 or discussion? 23 COMMISSIONER LETZ: You know, I don't -- I've met 24 with this property owner, and -- Commissioner Moser and I 25 did, and, you know, I agree that this -- this makes sense. 8-26-13 22 1 I'm not a big fan of variances, I think everyone is aware, 2 but this is a situation that there really isn't -- there's no 3 other way around this. The title company, the problem on the 4 title part of it was it's only for the -- the title insurance 5 only covers the land, and there's now a lot of improvements 6 on the land. So, the title insurance is only probably $5,000 7 or something; it doesn't -- I mean, it doesn't help anything, 8 and doesn't solve the problem, really, from a -- from that 9 standpoint. The -- both people acted in good faith. They 10 both bought their pieces of the property, and -- you know, 11 and they have been able to work out amongst themselves how to 12 divide up what each one's going to end up with. They will be 13 in compliance with our O.S.S.F. rules and all our other 14 rules. The only thing we're really giving a variance on is 15 allowing one of the lots to be half an acre in size, where 16 our rules require it to be 1 acre. But everything's already 17 -- there's homes there, septics there. Everything's there. 18 On the motion issue, I think we need to have two 19 separate motions. I think there's one motion to set a public 20 hearing, and that public hearing doesn't have anything to do 21 with the variance; it's just a public hearing as we 22 standardly do. The variance, to me, should be a separate 23 motion. If we want to go ahead and do that as a concept 24 plan, we don't -- a lot of times we don't do a variance, I 25 think, in here, but it is appropriate for us to do a separate 8-26-13 23 1 motion for us to grant the variance on a small lot size, be 2 very specific as to what the variance is for. But that would 3 be my -- 4 COMMISSIONER MOSER: Okay, let me change my motion. 5 I think that's -- 6 JUDGE TINLEY: You're withdrawing your -- 7 COMMISSIONER MOSER: I'm withdrawing the former 8 motion. 9 COMMISSIONER LETZ: I'll withdraw my second. 10 COMMISSIONER MOSER: And make a motion that we 11 accept the -- adopt a variance for this to have this land 12 divided -- subdivided into 2.3 acres and .5 acres, consistent 13 with the plat as shown. 14 COMMISSIONER LETZ: Second. 15 JUDGE TINLEY: Motion made and seconded. Any 16 question or discussion on that motion? 17 COMMISSIONER BALDWIN: I'll just make a comment. 18 You know, the reason that Commissioner Letz has been deeply 19 involved in rewriting the regulations throughout the years, 20 the reason that things have changed is because we're trying 21 to get away from one-half-acre lots. They're too small. You 22 know, I'm going to vote for it. I'm going to vote for it, 23 because it's the only route to go, not just because they're 24 right cross the street. 25 COMMISSIONER MOSER: I agree. 8-26-13 24 1 COMMISSIONER BALDWIN: And I think that's a poor 2 reason to do this thing. But if it's the only route that 3 these people can take care of their business and their 4 property, then I'm all for it. 5 COMMISSIONER OEHLER: I think it's always nice when 6 people can work out their differences without having to have 7 all kind of lawsuits and whatever. That in itself is -- 8 shows good faith. 9 JUDGE TINLEY: That's my bottom line question. 10 These two owners potentially have a civil claim, one as 11 against the other, with regard to the title of that property. 12 MR. ODOM: That's correct. 13 JUDGE TINLEY: But because of some of the 14 limitations involved with probably the title insurance 15 involved, they've gotten together and come up with this 16 solution. And this will resolve the dispute as to the two of 17 them. The -- one owner will get fee title to the half acre. 18 The other owner will get undisputed fee title to the 19 remaining portion, and -- and everybody lives happily ever 20 after, so to speak. 21 MR. ODOM: We got other things to do; we can get on 22 down the road. 23 JUDGE TINLEY: Okay. Okay. Well, we got both 24 owners involved, and that'll solve that problem. 25 MR. ODOM: To my knowledge, both of them -- 8-26-13 25 1 JUDGE TINLEY: Okay. 2 COMMISSIONER MOSER: Mr. Stouts is here if he wants 3 to verify that. 4 MR. STOUTS: That's correct. 5 COMMISSIONER MOSER: Okay. 6 JUDGE TINLEY: Okay. Any other questions or 7 comments? All in favor of the motion, signify by raising 8 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. Do we have 13 another motion to be offered with regard to that particular 14 agenda item? 15 COMMISSIONER OEHLER: Set a public hearing. 16 COMMISSIONER LETZ: Need a motion to set a public 17 hearing. When do you want the public hearing? 18 JUDGE TINLEY: 10/15/2013, at 9:10. 19 COMMISSIONER LETZ: 10/15, 9 a.m. 20 JUDGE TINLEY: That was a motion? 21 COMMISSIONER LETZ: Yes. 22 COMMISSIONER OEHLER: Second. 23 MR. STOUTS: October 15th at 9:10 a.m. 24 COMMISSIONER LETZ: 9:10. 25 JUDGE TINLEY: I have a motion and second to set 8-26-13 26 1 that matter for public hearing on October the 15th, 2013, at 2 9 a.m. Any question or discussion on that motion? All in 3 favor of that motion, signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: Motion does carry. Let's go to our 8 9:15 timed item, Number 6; to consider, discuss, and take 9 appropriate action to approve the budget for Kerr 911. 10 Mr. Amerine? 11 MR. AMERINE: Morning. 12 JUDGE TINLEY: Morning, sir. 13 MR. AMERINE: I'm Bill Amerine; I'm the Executive 14 director for Kerr Emergency 911 Network. With me today is 15 Mark Del Toro, the Associate Director of 911. Health and 16 Safety Code requires that every year we put together a 17 budget, that it be approved by our board of managers and then 18 presented to our jurisdictions. And we've presented this 19 budget to the City of Ingram a couple weeks ago, and we're 20 here today for your review and approval. I can see you have 21 a very full agenda, so I will be as brief as I can. This is 22 essentially last year's budget. What I mean, anyway, is 23 there is no new spending or revenue line items. It's the 24 same line items that have been adjusted for actual spending 25 and revenue trends. And with that, I'll be glad to answer 8-26-13 27 1 any questions you might have had from the review of the 2 materials that were provided. 3 COMMISSIONER MOSER: I've got a couple questions, 4 Bill. 5 MR. AMERINE: Yes, sir? 6 COMMISSIONER MOSER: Just for -- for understanding 7 the background, in 2012, I couldn't read some of the -- some 8 of the backup material that was there. How -- at the end of 9 the year, what was your -- what was the balance relative -- 10 revenue versus expenditures? 11 MR. AMERINE: Revenue came in at $402,815, and we 12 spent 358,522, so we had a $44,293 amount of capital that was 13 not spent. 14 COMMISSIONER MOSER: Okay. And then what -- and 15 for 2013, what's the estimate? Same question. 16 MR. AMERINE: Well, we always shoot to spend what 17 we -- what we bring in, but it -- we'll -- currently, with 18 the current budget that we have, we're looking, like, for 19 about a $30,000 excess when we're at the end of the year. 20 COMMISSIONER MOSER: So, that $40,000 from the year 21 before, did it roll into -- 22 MR. AMERINE: What we do typically with the money 23 that we do not spend is we roll it into a C.D. for capital 24 improvements. Every four to five years, we upgrade the two 25 call centers. That's usually about a $300,000 to $350,000 8-26-13 28 1 expense. So, those excess funds are rolled into the capital 2 improvement fund C.D.'s, and are used for that. 3 COMMISSIONER MOSER: So, what's the value of that 4 C.D.? 5 MR. AMERINE: Well, we actually have four C.D.'s, 6 and they're worth about $650,000. 7 COMMISSIONER MOSER: So, you got about $650,000, 8 okay. Well, number one, congratulations on managing the 9 expenditures to be that far below the -- the budget, the 10 revenue coming in. That's a pretty good chunk of change. 11 MR. AMERINE: Well, some of the things are somewhat 12 unpredictable. For instance, the one that we're always a 13 little bit worried about is the thing called cost recovery 14 that the wireless companies can pursue to recover the cost 15 for providing Phase I and Phase II wireless location service. 16 Currently, only one of those companies has come forward and 17 requested that we provide that cost recovery. That's been 18 Sprint. There are seven other companies out there, so we 19 allocate about $35,000 a year towards that, and we only spend 20 about $15,000. 21 COMMISSIONER MOSER: Got you. One other question, 22 if I may. 23 MR. AMERINE: Yes, sir. 24 COMMISSIONER MOSER: Looking at your vision for 25 2014, you're adding GIS to the -- to the web presence. 8-26-13 29 1 Explain that. What's that -- what's that going to do for the 2 system? 3 MR. AMERINE: What we -- we would like to add GIS 4 to the -- to a web presence. And it may be ours; it may be 5 actually the county website. Part of a joint project we did 6 -- was it two years ago, Mark? 7 MR. DEL TORO: Last year. 8 MR. AMERINE: Last year, we purchased a product, as 9 we had three years prior, called Pictometry, which is an 10 aerial view of the entire county. High-resolution aerial 11 view. And part of that was a web hosting. We actually -- 12 the three partners actually paid for that, and I don't know 13 that it's been hosted yet. 14 COMMISSIONER MOSER: Okay. So -- but that's what 15 your vision is, okay, maybe using some of the $650,000 or 16 whatever's there to implement that overlay GIS on the 17 photometry? 18 MR. AMERINE: It won't cost nearly that much. 19 COMMISSIONER MOSER: Yeah, I understand. I said to 20 use part of it. That's where that funding -- 21 MR. AMERINE: Right. Most of that funding, 22 however, is set aside for call center upgrades every four to 23 five years. 24 COMMISSIONER MOSER: That would be a nice thing to 25 have the GIS overlay in the photometry. 8-26-13 30 1 MR. AMERINE: Yes, it would. 2 COMMISSIONER MOSER: Okay, those are my questions. 3 Thank you. 4 MR. AMERINE: Yes, sir. 5 COMMISSIONER MOSER: Congratulations on another 6 good job of managing -- 7 MR. AMERINE: Thank you. 8 COMMISSIONER MOSER: -- an organization. 9 COMMISSIONER LETZ: I make a motion to approve. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE TINLEY: Motion made and seconded for 12 approval. Question or discussion? 13 COMMISSIONER BALDWIN: I just can't believe he's 14 not reducing it again. 15 MR. AMERINE: Reducing what? 16 COMMISSIONER BALDWIN: The whole budget. 17 MR. AMERINE: Oh. 18 COMMISSIONER BALDWIN: We're getting kind of 19 accustomed to you reducing things. 20 JUDGE TINLEY: What's your current cost on your 21 PSAP contract now? I didn't notice it in the operations 22 portion of the budget. 23 MR. AMERINE: Well, we purchased our equipment back 24 in 2010. 25 JUDGE TINLEY: Mm-hmm. 8-26-13 31 1 MR. AMERINE: So, there are some ongoing costs. 2 PSAP repair and maintenance is a contract we have with a 3 local vendor, Mark -- or David Marrs, through Advantage 4 Communication. He has been trained by Positron to maintain 5 our equipment. That cost is about $8,000. 6 JUDGE TINLEY: I'm speaking of your operations. 7 MR. AMERINE: Operations cost is budgeted as 139 -- 8 or $129,000. 9 JUDGE TINLEY: That includes your contract with -- 10 with the City? 11 MR. AMERINE: We have no contract with the City. 12 JUDGE TINLEY: Okay. You're operating -- you're 13 now operating the PSAP yourself? 14 MR. AMERINE: We're operating the PSAP. It is in 15 their facility, and we do pay a $500-a-month lease fee for 16 that space. 17 JUDGE TINLEY: Okay. 18 MR. AMERINE: But we operate the PSAP. 19 COMMISSIONER OEHLER: So, are you using it for 20 nothing, but you're paying a lease -- 21 MR. AMERINE: Well, the County uses it for nothing. 22 I mean, that's our role. 911's role is to create and 23 maintain the PSAP and the call centers for the jurisdictional 24 use. 25 COMMISSIONER OEHLER: Okay. 8-26-13 32 1 JUDGE TINLEY: Any other questions or comments? 2 All in favor of the motion, signify by raising your right 3 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. 8 MR. AMERINE: Thank you. 9 JUDGE TINLEY: Thank you, sir. 10 MR. AMERINE: Thank you. 11 JUDGE TINLEY: Let's go to our 9:30 timed item now, 12 if we might. Item Number 12, Kerr Economic Development 13 Corporation work program update. Mr. Jonas Titas. 14 MR. TITAS: Good morning. 15 JUDGE TINLEY: Good morning, sir. 16 MR. TITAS: I'm handing out a copy of our work 17 program. This is a document that we created when I initially 18 came on staff this year, and it kind of tracks our major 19 goals and objectives and our day-to-day operations. It's 20 broken out into various divisions of new business, 21 development, targeted marketing, and retention and expansion 22 of existing businesses. We were very lucky to work with Fox 23 Tank on their second expansion -- or their second project 24 this year. It was an expansion of their separator facility, 25 which will create 30 additional jobs at the facility. As far 8-26-13 33 1 as targeted marketing, we worked closely with a company that 2 has recently opened up for business in Kerr County across 3 from the airport in the former Chapman building called 4 iStructures. They'll be making building panels for the 5 residential construction industry. So, we were very lucky to 6 work with these two. 7 We also worked with the City and the E.I.C. in the 8 creation of a new incentive -- business incentive guidelines 9 document, and we think that that'll make the process be a lot 10 more streamlined when prospects are brought forth for 11 consideration for potential incentive agreements, and we're 12 really looking forward to having our first test of the new 13 policy sometime hopefully within this next year. Also 14 looking at where we are on certain of our projects and what 15 we have in the works moving forward. Looking at our targeted 16 markets, they include the airport/aviation prospects, back 17 office, inbound call center and small tech firms, hotel 18 conference center, small light manufacturing and assembly 19 products, the wine industry, and overall administration. 20 With the airport, we're working very closely with Bruce to 21 market the new Brinkman facility. It would be an outstanding 22 asset that is being brought back to the market, and be very 23 desirable, I think, for a lot of aviation prospects. We've 24 already submitted three leads to prospects. They're long 25 lead prospects considering anywhere in the state of Texas, 8-26-13 34 1 and we had one company earlier in the year come and look at 2 it, and so we're going to continue to see what we can do to 3 market that facility. 4 With regard to back office and call center 5 prospects and small tech firms, we're working with local 6 brokers, commercial brokers to look at a lot of potential 7 retail -- vacant retail spaces that might be a good fit for 8 these types of prospects. We're developing relationships 9 with commercial brokers in San Antonio and Austin, and we've 10 requested scopes of work and proposals from companies that do 11 labor market profiles that will be able to demonstrate that 12 we have the talent base for those types of prospects, and we 13 are looking to commission that study sometime this fall or 14 early winter. With regard to the hotel conference center, we 15 attended a public/private partnership conference in Dallas 16 with representatives of K.E.D.C. and the City looking at type 17 -- these types of projects and -- and deal structures that 18 are being put together nationwide. We gleaned a lot of 19 information from that. 20 We've received proposals and scopes of work from 21 two companies that are kind of recognized as industry leaders 22 looking at market analyses and feasibility studies. We're 23 going through those right now. They're pretty expensive. We 24 want to make sure that we make the -- the proper next step 25 when it does get to that point. We've met with three 8-26-13 35 1 development teams that have -- have various levels of 2 interest in the projects, and we're continuing to do our due 3 diligence in marketing the proposal that was -- that was 4 created several years ago that included a variety of 5 incentives with E.I.C. grant; 380/381 sales tax 6 reimbursements, and the Hotel Occupancy Tax reimbursements. 7 COMMISSIONER MOSER: Jonas, that project that 8 you're speaking of, is that for a -- 9 MR. TITAS: Hotel. 10 COMMISSIONER MOSER: -- hotel, convention center 11 type of thing? 12 MR. TITAS: Correct. 13 COMMISSIONER MOSER: Okay. What's the -- do you 14 have a schedule on that study and that feasibility and the -- 15 MR. TITAS: Well, we -- we've gotten the scopes of 16 work. The feasibility studies are expensive -- pretty 17 expensive to do. To get a full-blown study is anywhere 18 between $50,000 and $75,000, and various developers prefer 19 working with different market and feasibility study analysis 20 firms, so we don't want to make a recommendation or budget to 21 put forth for one of these studies, and then have a different 22 developer who comes and has interest in a project and says, 23 "I don't like that study; I want to have a new one." So, 24 we're trying to work through and make sure that if we -- if 25 we do make a recommendation to go forward, it's the right 8-26-13 36 1 one, and we're just not to that point yet. 2 COMMISSIONER MOSER: So you don't have a specific 3 schedule yet? You're still laying out what you want? 4 MR. TITAS: Correct. 5 COMMISSIONER MOSER: Okay, thank you. 6 MR. TITAS: We -- one of, I think, our sweetest 7 spots for economic development is looking at small light 8 manufacturing and assembly products, especially those that 9 specialize in the oil and gas industry. We're working 10 constantly to update our real estate database, and we're 11 continuing to analyze available industrial properties. We're 12 looking to fill what gaps we have in the market, and working 13 with local brokers and -- and regional developers considering 14 acquiring industrial property. We're working with the City 15 on the process of extending infrastructure to Village West 16 Industrial Park. That project is still early in its infancy. 17 We're continuing to develop relationships with regional 18 industrial brokers. Those include also those in Austin and 19 San Antonio. We had nine prospects this year. We were 20 successful in working with two of them, those being Fox Tank 21 and iStructures. We attended three oil and gas industry 22 trade shows, handed out information to about 120 leads of -- 23 of people in the industry that are looking at developing 24 opportunities. We cosponsored an Eagle Ford Consortium 25 annual conference with Fox Tank, and we're looking at 8-26-13 37 1 potentially hosting a regional education summit luncheon 2 cosponsored with Fox Tank, potentially, hopefully sometime 3 later this year or early next year, but we're still working 4 on putting together a couple details on that one. 5 The wine industry, that became a new project that 6 we embarked on this past year. We've been working, 7 developing relationships with the statewide organizations and 8 leadership. We've completed our due diligence on the 9 industry, developing costs, economic benefits. We have our 10 goals and objectives completed and a marketing plan. Our 11 next step is to work on an implementation plan and an 12 incentive plan, and I would like to have a very fruitful 13 conversation with you all in the coming months about how this 14 county might be able to participate in that. We're looking 15 at a -- we're working with a consultant on wet/dry election 16 for Precinct 2, potentially, and looking at -- and working 17 with the E.I.C. to potentially help market the program. 18 So -- and we're also hosting a -- cohosting a roundtable 19 discussion with Texas Agricultural Commissioner Todd Staples 20 today, and Commissioner Letz will be attending. 21 We're cosponsoring, together with Kendall and 22 Gillespie County E.D.C.'s, a quality-of-life type project. 23 We are working with a local landowner and potential 24 development team on a water park, and so that's kind of not 25 your typical economic development project, but it's kind of 8-26-13 38 1 exciting. And there's a lot of interest for that, but that's 2 still really early. And as far as the administration goals 3 that we have completed and looking -- looking to continue in 4 this next year is the completion of a work program, that 5 annual document that we update every year, make sure we hit 6 our goals and our benchmark, and track our day-to-day 7 activities. The E.D. guidelines and procedures were 8 completed, and we are -- would like to begin, and we have 9 begun pulling draft language for 380/381 agreement and 10 abatement policies from various cities and counties across 11 the state, and would like to potentially look at working with 12 you to see how we can make those programs more useful and 13 attractive to companies looking at the area. And we're also 14 continuing development of a revolving loan program that will 15 help newer, smaller, riskier start-up type companies. So, 16 that's all I have. And any questions? 17 COMMISSIONER BALDWIN: 380/381, is that 18 city/county? 19 MR. TITAS: Yeah. City is 380; County, 381. 20 COMMISSIONER LETZ: You've been busy. Good. 21 JUDGE TINLEY: Any more questions of Mr. Titas? 22 MR. TITAS: And we are completing our operating 23 budget, and we will be submitting a request sometime this 24 next month to the Commissioners. And -- 25 COMMISSIONER MOSER: Very good. Thanks, Jonas. 8-26-13 39 1 JUDGE TINLEY: Thank you, sir. We appreciate it. 2 MR. TITAS: Thank you. 3 JUDGE TINLEY: Okay. Amazingly, we're right on 4 target for our next agenda timed item. 5 COMMISSIONER BALDWIN: You're not surprised about 6 that, are you? 7 JUDGE TINLEY: Of course not. That's the way I 8 mapped it out. 9 COMMISSIONER BALDWIN: Absolutely. 10 JUDGE TINLEY: Okay. Let's go to Item 14, which is 11 our 9:45 timed item, which is a public hearing on the 12 proposed Kerr County budget for fiscal year 2013-14. Let me 13 recess the Commissioners Court meeting at this time, and open 14 a public hearing on the proposed Kerr County budget for 15 fiscal year 2013-2014. 16 (The regular Commissioners Court meeting was closed at 9:45 a.m., and a public hearing was held in open 17 court, as follows:) 18 P U B L I C H E A R I N G 19 JUDGE TINLEY: Any member of the public or audience 20 that wishes to be heard with respect to the proposed Kerr 21 County budget for fiscal year 2013-2014? Seeing no one 22 coming forward or otherwise seeking to be recognized, -- 23 COMMISSIONER MOSER: May I -- 24 JUDGE TINLEY: -- I will close the public 25 hearing -- 8-26-13 40 1 COMMISSIONER MOSER: Before you close -- 2 JUDGE TINLEY: Okay, I'm sorry. 3 COMMISSIONER MOSER: Yeah, let me ask a question. 4 JUDGE TINLEY: All right. 5 COMMISSIONER MOSER: Just for clarification. The 6 proposed budget, the tax rate is the same as last year? Or 7 how do we -- how is that reflected in the revenue? 8 JUDGE TINLEY: Proposed budget is based upon the 9 effective tax rate for Kerr County for this year. 10 COMMISSIONER MOSER: But is it -- for 11 clarification, is it the same tax rate as last year, or is it 12 an increased tax rate? 13 JUDGE TINLEY: No, it -- the tax rate for last year 14 was 44 -- .4443. The tax rate for this year is .4458, which 15 is 15/100 of a cent greater than last year. 16 COMMISSIONER MOSER: So it's an increase. 17 JUDGE TINLEY: Yes, sir. Yes, sir. 18 COMMISSIONER MOSER: Okay. Okay, all I wanted to 19 know. 20 JUDGE TINLEY: All right. Anyone else wishing to 21 be heard with regard to the proposed Kerr County budget for 22 fiscal year 2013-2014? Seeing no one else seeking 23 recognition or otherwise coming forward, I will close the 24 public hearing on the proposed Kerr County budget for fiscal 25 year 2013-2014, and I will reconvene the Commissioners Court 8-26-13 41 1 meeting. 2 (The public hearing was concluded at 9:47 a.m., and the regular Commissioners Court meeting was 3 reopened.) 4 - - - - - - - - - - 5 JUDGE TINLEY: Let's go back to Item 5; consider, 6 discuss, and take appropriate action on the request from Kerr 7 County Sheriff to use the show barn and kitchen area at the 8 Hill Country Youth Event Center free of charge in order to 9 sponsor the location for the Texas Rangers in-service 10 training event on October 8th, 2014. Sheriff? 11 SHERIFF HIERHOLZER: Actually, the Texas Ranger 12 Service will be here on October the 8th and a little bit 13 before for an in-service training. The training itself will 14 not be held at the Ag Barn. They're holding it somewhere 15 else, okay? But they're interested in using the Ag Barn for 16 their dinner. Now, on the 7th, I believe it's already being 17 set up by CTAC for their -- 18 MS. GRINSTEAD: Hill Country Telephone. 19 SHERIFF HIERHOLZER: Hill Country Telephone. So 20 everything's set up; they'll just leave it set up, and then 21 the next evening the Rangers can use it. They have -- they 22 normally have an annual training somewhere, in-service 23 training. They've chosen here. And then the South Texas 24 Cattle Raisers Association ends up doing the cooking and 25 everything for the entire state Texas Ranger Service, and for 8-26-13 42 1 their dinner out there. So, what they're really wanting to 2 use -- they do the cooking elsewhere, but for serving 3 purposes and keeping warm, the little kitchen area in the new 4 barn that will already be set up just to serve the dinner. 5 It's a nonalcoholic event. And they have asked that I 6 sponsor that event, and Kerr County, so they could possibly 7 get the use of that facility at no charge for that evening. 8 COMMISSIONER OEHLER: So, one day? Or is that 9 overnight? 10 SHERIFF HIERHOLZER: One day. 11 COMMISSIONER OEHLER: Just one day. That's coming 12 in that day and leaving? 13 SHERIFF HIERHOLZER: Just come in that evening and 14 eat and leave. 15 COMMISSIONER OEHLER: Okay. 16 COMMISSIONER LETZ: But they're training around 17 here somewhere? 18 SHERIFF HIERHOLZER: They're training elsewhere. I 19 couldn't tell you exactly where all their training is. 20 They're only using that facility for their -- 21 COMMISSIONER LETZ: I mean, but they're likely 22 training in the Kerr County area. 23 SHERIFF HIERHOLZER: Right. Right. 24 COMMISSIONER BALDWIN: I move for approval. 25 COMMISSIONER OEHLER: Second. 8-26-13 43 1 JUDGE TINLEY: Motion made and seconded for 2 approval. Question or discussion? 3 COMMISSIONER MOSER: Question. What's our policy 4 on providing the facility for free? 5 JUDGE TINLEY: Elected officials in Kerr County 6 have the ability to request use of that facility at no 7 charge. 8 SHERIFF HIERHOLZER: And that's what I'm doing. 9 COMMISSIONER MOSER: Okay. All right. 10 COMMISSIONER LETZ: How many people come to that? 11 SHERIFF HIERHOLZER: They're expecting about 200. 12 COMMISSIONER LETZ: 200. 13 COMMISSIONER MOSER: Okay. 14 COMMISSIONER LETZ: Thank you. 15 COMMISSIONER OEHLER: Another opportunity to use 16 the barn -- the facility. 17 JUDGE TINLEY: Any other questions or comments? 18 All in favor, signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: That motion does carry. It's 9:50 23 now, so let's go to Item 15; to consider, discuss, and take 24 appropriate action to provide for continuation of Crime 25 Victims Assistance program and obtaining of necessary funding 8-26-13 44 1 for the Crime Victim Assistance office. I put this on the 2 agenda. 3 SHERIFF HIERHOLZER: Your Honor, real quick, back 4 on the other one, she just pointed out to me the agenda item 5 says October 8th of '14. But everything -- the backup and 6 everything shows October the 8th of '13, okay? It's this 7 year, not '14. I just want to clarify that and make sure 8 we're okay on it. 9 JUDGE TINLEY: What's the date? 10 SHERIFF HIERHOLZER: It's October the 8th of 2013. 11 Not -- 12 JUDGE TINLEY: Okay, yeah. 13 SHERIFF HIERHOLZER: The backup shows correct. 14 It's just the agenda item, there's a typo. 15 JUDGE TINLEY: I put the Item 15 on the agenda. We 16 had a -- had a major crisis hit after the proposed budget was 17 filed, and we didn't get the grant funding that we had hoped 18 for for the Crime Victims office that had been grant-funded. 19 The Crime Victims Coordinator had secured her own grant 20 funding for eight years, and had been serving in that 21 capacity at no cost to the County, but because of funding 22 levels that were given through AACOG having been reduced by 23 some $700,000, the funding didn't get down as far as it had 24 previously gone, and Crime Victims in Kerr County didn't get 25 funded. 8-26-13 45 1 Since that time, two things have happened. Number 2 one, with the Auditor's assistance, there have been requests 3 of the prosecutors' offices to participate in the funding of 4 that office, and secondly, that budget was -- current budget 5 was scrubbed pretty good, and reduced somewhat, I believe 6 down to approximately $71,000 from 76 and change. And we 7 obtained funding participation from both the 216th District 8 Attorney's office and the 198th District Attorney's office, 9 and we have shoehorned that funding together with Kerr 10 County's funding into the current budget to proceed forward 11 for this coming year for that position. Certainly, we don't 12 see this as a -- this is a one-year thing, only a bandaid, so 13 to speak. We're hopeful that we can continue to, in the 14 future, obtain some grant funding for that office. 15 Ms. Lavender, who's been the Crime Victims Coordinator ever 16 since that function got into Kerr County's budget, has -- has 17 also been the grant writer to obtain her own funding, so 18 she's carried her weight all these years, as well as done a 19 lot of other things. But it's plugged into the budget after 20 being scrubbed down and obtaining the funding from the 198th 21 D.A.'s office and 216th -- 22 COMMISSIONER OEHLER: So the total funding is 23 provided by both D.A.'s? 24 JUDGE TINLEY: Combination of the D.A. of the 25 216th, the D.A. of the 198th, and Kerr County. We're 8-26-13 46 1 providing a portion of it. The Kerr County Attorney's office 2 also has a responsibility when it comes to victims' 3 assistance matters, so -- 4 COMMISSIONER OEHLER: What about the other 5 counties? Are they going to participate or not? 6 JUDGE TINLEY: They declined to participate, but 7 they are doing so through their District Attorney's office, 8 because the D.A.'s office in the 198th, of course, covers 9 Kerr and Bandera, and then 216th covers Gillespie, Kendall, 10 and -- and Kerr. 11 COMMISSIONER OEHLER: So, part of that they'll wind 12 up paying because they participate proportionately in the 13 D.A.'s budgets. 14 JUDGE TINLEY: Yeah. Yeah. It's -- it comes 15 through the D.A.'s budget, yeah. 16 COMMISSIONER LETZ: Well, Kendall, Gillespie, and 17 Bandera have their own designated person for this job, and 18 they all have their victims of crime coordinators. 19 JUDGE TINLEY: Kendall, for example, they had been 20 grant-funded to the tune of, if I recall correctly, 21 approximately $158,000. They had a coordinator and two 22 clerks. 23 COMMISSIONER OEHLER: Yeah. 24 JUDGE TINLEY: For Kendall County alone. 25 Ms. Lavender's been doing it solo here and creating her own 8-26-13 47 1 nickel that funds her position, for not only Kerr County, but 2 it's -- until this change-over occurs on September 1, the 3 counties in the northern part of the 198th. And there -- 4 there were a number of matters up there. Certainly, the bulk 5 of it is in Kerr County; no question about that. But, like I 6 say, we scrubbed down the budget, and then we've got the 7 participation, so we've shoehorned it in the budget. It now 8 is in there in that manner. 9 COMMISSIONER LETZ: A couple comments. One, I 10 mean, I have no problem with keeping a designated person; I 11 think that makes sense to do it that way. I do have two 12 concerns. One, salary. I think the salary that we are 13 paying is higher than any of the counties around us, 14 including Kendall County's people, who are fairly highly 15 paid, and higher than -- if you look at -- I just had the 16 Auditor -- I think y'all got a copy of the e-mail or 17 information. Salaries generally range from 30,000 or upper 18 20's to, you know, mid 40's for a supervisor. We're paying 19 higher than that. That's one concern. The other concern I 20 have is that currently -- and I guess it's got there because 21 of the way it was funded originally. It makes no sense for 22 this person to report to the Commissioners Court, to me. I 23 think the Victims of Crime Coordinator should report to the 24 County Attorney or one of the D.A.'s. That's -- as 25 supervisors, that's where it falls. It's -- those are the 8-26-13 48 1 entities that are by law required to do this service, and I 2 don't really see why it falls under the Commissioners Court. 3 And I guess my -- I said that was my final, but I 4 do have one other thing. And I think we need to relook at 5 how we're going to -- if this person, who is Ms. Lavender, is 6 going to do the -- this is her job, we need to look at the 7 job description and figure out how we're going to include -- 8 she currently gets a stipend for writing articles for us. 9 She does grant work primarily, you know, for the 10 Commissioners Court, I guess, but for others. She has 11 indigent defense, she has indigent health care, these other 12 functions, and I think that, you know, we're having the 13 D.A.'s -- I want to make sure they understand that they're 14 paying for those other services. You know, I guess indigent 15 defense is kind of under their bailiwick, sort of, 'cause 16 they're paying for their opposition. I just think there's a 17 lot that we need to look at. This is not -- you know, I know 18 the timing's not real good, but I think the Court knows I'm 19 very concerned about who people report to and responsibility, 20 and I think this is one of those that I've already raised a 21 question at one time, and I continue to have that concern. 22 COMMISSIONER MOSER: I don't have any -- I don't 23 have any issue with her reporting to the Commissioners Court. 24 I believe in flat organizations, rather than layered like 25 that. And I think since that -- since Rosa has multiple 8-26-13 49 1 responsibilities and a broad spectrum of everything you 2 talked about, I think it's appropriate to do that. But I 3 don't think that's an issue we're going to resolve today. 4 That's not the subject, as I understand it. 5 JUDGE TINLEY: Let me address the salary issue that 6 you raised. One of the those that you indicated was the 7 coordinator -- and I think the coordinator was 40, 42-plus, 8 and had two clerks or clerical type help. In other counties 9 where you have clerical help, you'll have one in the D.A.'s 10 office, you'll have one in the County Attorney's office, and 11 what you end up with if you combine those personnel costs, 12 you'll find that their total personnel costs for that county 13 exceeds the total personnel cost of this particular position. 14 The bottom line is, obviously, it's being handled much more 15 efficiently here. With regard to the reporting issue, I had 16 a discussion with the 216th District Attorney, and he 17 specifically said he does not want that under his umbrella 18 organization. The primary reason for that is because there 19 are a lot of instances in which the -- the interests of the 20 District Attorney's office and the interests of the Crime 21 Victims representative can -- can be in conflict. And if 22 placed under the prosecutor's office, obviously, the 23 prosecutor's desires would prevail, or you would expect that 24 to happen. So, the -- I think I mentioned previously that 25 the -- the model that we found, I think, is superior to what 8-26-13 50 1 you see in most of the organizations around the state, where 2 they have one of those representatives in each of the 3 prosecutors' offices. And for that reason, I think that the 4 reporting issue -- by default, I think it ends up in 5 Commissioners Court, whether we like it or not. Is it that 6 much of a logical reporting vertical arrangement? Probably 7 not. But if -- if you move it from the conflict or potential 8 conflict issues with the prosecutor's office, I don't think 9 you end up with any other place for it to go. 10 COMMISSIONER LETZ: Are there not already 11 agreements in place between the two D.A.'s and the County 12 Attorney with that -- with Ms. Lavender for this work? I 13 mean, there's got to be some connection between those other 14 departments. She doesn't work for us; she works with them. 15 JUDGE TINLEY: Well, she works for members of the 16 public who become crime victims, and I -- I don't think -- I 17 don't know that you can really say she works with them. 18 Sheriff, you had a comment? 19 SHERIFF HIERHOLZER: Well, I believe if you look at 20 the statute and read it, it says each prosecutor, which is 21 all three of those, and it also says each law enforcement 22 agency. You know, Kerrville Police Department, me, 23 everybody -- you know, Ingram Marshal's office, shall have a 24 crime victim coordinator. This county, years ago, went with 25 one coordinator to help represent all of them. You know, 8-26-13 51 1 just a suggestion would be, so all of those have a little bit 2 more say-so in that, why isn't there representatives from 3 each of those agencies that governs that person? 4 COMMISSIONER LETZ: That's worse. 5 COMMISSIONER MOSER: Govern or be supervisor to? 6 SHERIFF HIERHOLZER: I wouldn't say supervisor. 7 She's paid by the County, but she would report to -- or that 8 person would -- would report to us on keeping those things 9 organized, 'cause my agency has certain responsibilities set 10 out in that Crime Victims Coordinator, and if she answers 11 straight to y'all, the agency has no say-so in it. Neither 12 does Kerrville Police Department. 13 COMMISSIONER MOSER: You don't want one person 14 reporting to five, though. 15 COMMISSIONER LETZ: She does right now; she reports 16 to five. 17 COMMISSIONER MOSER: She reports to Commissioners 18 Court. 19 COMMISSIONER LETZ: Yeah, five of us. (Laughter.) 20 COMMISSIONER MOSER: Well, okay. But five 21 different organizations, I should -- let me restate that. 22 Five different organizations, put it that way. May I ask 23 another question, Judge? 24 JUDGE TINLEY: Yes. 25 COMMISSIONER MOSER: What percentage of -- of the 8-26-13 52 1 total compensation comes from each one of the three entities, 2 the County and the two D.A.'s? How's that broken out? 3 JUDGE TINLEY: It's broken down, each of the D.A.'s 4 offices funds, I believe, $10,000, and we -- the County has 5 absorbed the balance of it, so we're doing the lion's share. 6 COMMISSIONER MOSER: Okay. 7 COMMISSIONER LETZ: Is there a -- I believe when we 8 went through the MGT study, this office was kind of exempted, 9 or not really done, because it was grant-funded. It was not 10 going through it. It now is not grant-funded. It definitely 11 needs to be incorporated into our -- our system, and the 12 level of pay is put up at -- you know, I think it's about a 13 24.5, which puts it pretty darned high. You know, I'm not 14 going to argue about the pay, 'cause that's what the pay has 15 been there. But, you know, we're just -- we just spent 16 30-some thousand dollars doing a study, and we're immediately 17 almost not following it on figuring out what this person 18 should be, whether she's exempt, nonexempt. You know, these 19 are -- this is being done all over the state. Other counties 20 have individual ones that are doing this function. I think 21 that is the most efficient way to do it, and it's being done 22 all over the state that way, it appears to me, so I don't 23 think we're totally unique in that. 24 But I understand that time is of the essence, and I 25 believe the grant runs out in four days, so we have to do 8-26-13 53 1 something today. I agree with that. And -- but, you know, 2 we have to get this into our system, and I think that it -- 3 you know, I do not think it is an efficient thing for her to 4 report to this Court. I don't have anything to do with crime 5 victims work. The statute clearly says it is the D.A. and 6 law enforcement, and I would think one of those entities is 7 far better suited to be over this than the Commissioners 8 Court that has nothing to do with it. It just doesn't make 9 sense to me why -- it's like, you know, making the -- you 10 know, someone from the -- making a chief deputy report to us, 11 for no reason. I mean, it doesn't make sense to me. It's 12 not our work. 13 COMMISSIONER OEHLER: I think the only thing that 14 might make it a little more under this Court is the fact of 15 the grants and stuff that get written, and that gives her 16 access -- gives us access for that service that she provides. 17 COMMISSIONER LETZ: But that's not -- 18 COMMISSIONER OEHLER: That's not exactly -- it's a 19 combination of a lot of things. It's not just one thing. 20 COMMISSIONER LETZ: Yeah. If we want to add a 21 stipend for those functions, I have no problem with that. 22 But her -- the job description for this position has nothing 23 to do with indigent defense, indigent health care, grant 24 writing and other things. We can do a stipend for those 25 things; I have no problem doing it that way, but I think we 8-26-13 54 1 need to have a job description for what the job -- actual 2 function is, and the other items can be addressed as we do 3 other things. I mean, Jody has a stipend for doing work for 4 regional planning, so -- 5 JUDGE TINLEY: I think -- I think that even when it 6 was grant-funded, and we assumed it was going to go forward 7 on a grant-funded basis, there was a separate job description 8 being developed to cover these extraordinary items. And, 9 certainly, we don't have the restriction about the grant 10 funding and how you divide the time now that it's not 11 grant-funded. Hopefully we'll get back to that, because 12 somebody else will be picking up the tab, and she can move 13 forward. 14 COMMISSIONER MOSER: If I may, let me pick up on 15 one thing Commissioner Letz is saying, is -- is that if you 16 look at the functions, the crime assistance function, the 17 indigent health care, the grant writing, those are -- those 18 are all functions that support Commissioners Court. So, 19 maybe -- perhaps we not name it the crime assistance 20 organization, but name it something else, if that'll satisfy 21 it, and have a job description that goes with it. Then it's 22 appropriate, then, I think, for that -- that function, okay, 23 to report to Commissioners Court. 24 JUDGE TINLEY: I think we can develop a job 25 description. 8-26-13 55 1 COMMISSIONER MOSER: Right. 2 JUDGE TINLEY: Insofar as what you title it, 3 probably the primary function is going to be -- is going to 4 be victims services. Probably a broader title is Victim and 5 Indigent Services, maybe. 6 COMMISSIONER MOSER: There you go. 7 JUDGE TINLEY: But, Ms. Wilke, I believe you filled 8 out a participation form seeking to be heard with regard to 9 this agenda item. This is Lucy Wilke, 2039 Crown View Drive 10 here in Kerrville. 11 MS. WILKE: Yes. 12 JUDGE TINLEY: She's Assistant District Attorney, 13 216th District. 14 MS. WILKE: Good morning, gentlemen. First of all, 15 I want to thank you for all that you do year-round, but 16 especially at budget time, 'cause I know that what you do is 17 you try to provide as many and the best services possible 18 with the limited amount of funds to the citizens of Kerr 19 County. I really appreciate that. I'm here on behalf of and 20 in support of Rosa Lavender and the Crime Victims Assistance 21 program. She did not ask me to come here today. I am here 22 of my own accord. I think I may have sent her an e-mail 23 letting her know that I would be here. But this is a 24 full-time job. Most D.A.'s offices have somebody appointed 25 that does it full-time, and it requires adding them, 8-26-13 56 1 full-time pay, and for each office. But she provides an 2 invaluable service, first and foremost to the victims. Many 3 of these victims, especially in assault/family violence 4 cases, will go back to an abusive relationship, especially 5 where they don't have the support and somebody to direct them 6 in the direction of where they should be going, to counseling 7 and other services that are out there and available to them 8 to get them out of an abusive relationship. 9 I can tell you that I have had somebody near and 10 dear to my heart actually use her services, and Mr. Henneke's 11 as well. And but for that -- both of their efforts, I don't 12 think that she would have gotten out of an abusive 13 relationship that went on for years. She frequently says 14 that but for having gotten out of that relationship, she'd 15 probably be dead by now. And that's what it took. It took 16 not just Rob's office prosecuting it thoroughly, even on -- 17 on those days when she wasn't so sure she wanted to go 18 forward, because that's -- that's the nature of battered 19 women syndrome, but also having Rosa there to help her, and 20 having somebody to talk to and point her in the right 21 direction of where to go to get help. They helped her, and 22 she is doing amazingly well. She is remarried and is just 23 doing incredibly well. 24 She also provides -- well, not only that, but also 25 there's lots of forms to be filled out, as you can imagine, 8-26-13 57 1 when you're trying to get money from the State of Texas, from 2 a fund, and she helps them in filling out that paperwork. 3 That saves our office a lot of time. Many times there are 4 going to be issues with the paperwork that's submitted, and 5 sometimes victims are declined payment, and somebody has to 6 call, and that takes up a lot of time to call and get all 7 that straightened out, go back to the victim and tell them 8 what they need to do in order to get their claim processed 9 and approved. She provides a very valuable service to our 10 office, and saves me a lot of time, because she keeps up with 11 the victims of crimes. And I'm not talking about just 12 assault/family violence. There's victims of aggravated 13 assault that have nothing to do with family violence, murder 14 cases, all kinds of victims of violent offenses. 15 And any time I'm ready to meet with a victim 16 because we need to make a decision about how to dispose of a 17 case, all I have to do is send Rosa an e-mail saying, you 18 know, "We need to talk to the complainant about disposition 19 of the case. Here are the days I'm not available." She sets 20 up an appointment; she e-mails me back, lets me know what 21 time the appointment is scheduled for, and then she also 22 sends me a reminder, and then she actually sits in on the 23 meeting and we discuss the evidence, our options, and how we 24 should proceed. And it is accurate that sometimes what we 25 see as prosecutors, and how we think the case should proceed 8-26-13 58 1 based on the evidence, is different from what the victim, who 2 is basing on it pure emotion, thinks how the case should be 3 disposed of. And that's where Rosa is very helpful to us, in 4 that she -- this victim has established a rapport with Rosa; 5 they trust her. She -- Rosa is their advocate, and Rosa is 6 able to look at an offense report and look at the evidence 7 much the way a prosecutor would. She's got that experience, 8 and she can look at it also based on facts and evidence, and 9 not on emotion. And many times, that's what helps us settle 10 our cases, and in a way that not only helps us get our cases 11 through the system, but also the victim walks away satisfied 12 that justice has been done, and that all that is being done 13 to protect them and to get them out of that abusive 14 relationship. 15 So, again, Rosa did not ask me to be here. I'm 16 here of my own accord, because I think that position is so 17 important and so valuable, not just to the victims, but to 18 our office. And I -- I know there's been a lot of talk about 19 funding and supervising, and I'm not here to speak on that. 20 I'm just here to let you know that this is not a retirement 21 position for Rosa; it's a full-time position. I'm in contact 22 with her almost daily. Definitely the week of Kerr County 23 week, and the week before, on an almost daily basis, and the 24 rest of the time we're in constant contact. And I appreciate 25 her, and I hope that she gets funded for another year, and 8-26-13 59 1 hopefully next year she can get the grant back. Thank you 2 for your time. 3 JUDGE TINLEY: Thank you, ma'am. 4 COMMISSIONER MOSER: Thank you. 5 COMMISSIONER LETZ: I think the -- I'm not going 6 to -- I don't think it matters one way or the other, but to 7 me, that is exactly the reason she shouldn't report to us. I 8 don't know any of that. I'm being asked to -- to oversee a 9 person who has a function that I don't know what it is. 10 And -- you know, and I don't see how -- you know, and I don't 11 know about the rest of the Court. I presume the Judge knows 12 more, because he's an attorney and has been involved with it 13 more, but I'm not in a position to provide supervisory, you 14 know, evaluation of somebody who's doing a job like that. 15 That's why I think it should be in either the D.A.'s -- one 16 of the D.A.'s offices or the County Attorney's office. They 17 make the most sense, to me. The rest of it, you know, the -- 18 I think we do need to come up with a job description. I 19 think the job description needs to be only for this position. 20 I don't think -- I don't like, you know, pulling all these 21 different things in there. Everyone -- if you want to use 22 stipends, that's fine, but the job is Crime Victims 23 Coordinator. The grant requires us to look at it like that. 24 I know if we put in the grant application that she's doing 25 the other work, I think it doesn't score real well. It needs 8-26-13 60 1 to be a full-time position for that job. Those are my 2 comments. 3 COMMISSIONER BALDWIN: Can I ask you a question 4 about it? Do you see it as well, as a prosecutor, that yours 5 and her attitude or goals would be contrary to each other? 6 MR. HENNEKE: No, sir. And, as a matter of fact, I 7 mean, on paper, the Crime Victim Coordinator is underneath 8 the County Attorney's office and the two D.A.'s offices, and 9 that's how it's -- I have to designate a Crime Victims 10 Coordinator, and I have forms to designate, so she's the one 11 that's designated as the crime victims coordinator for the 12 County Attorney's office. And she doesn't report to me; I 13 don't supervise her, and I haven't. But I have to designate 14 who that is, and I have to have one as being the County 15 Attorney, and so that's who is designated as the crime 16 victims coordinator for the County Attorney's office. And I 17 -- you know, I work with her on many cases, and she also, to 18 the best of my understanding, is designated as the same for 19 each of the D.A.'s offices, and performs the services for 20 those offices just in the same way that she performs those 21 services for the County Attorney's office. 22 COMMISSIONER OEHLER: So, basically, all the -- all 23 the designations of who the person is come from your office 24 and the D.A.'s, whether you supervise or not. She's only 25 coming -- or that office is only coming to Commissioners 8-26-13 61 1 Court basically for funding, not for supervision. 2 MR. HENNEKE: Well, law enforcement as well. Each 3 also does designate the -- who the crime victim -- 4 COMMISSIONER OEHLER: Is that kind of it in a 5 nutshell? 6 MR. HENNEKE: Yes. 7 COMMISSIONER OEHLER: That's the way it really 8 works. Whoever we fund, y'all designate as that person. But 9 it's -- and you're coming to the Court for funding, more so 10 than supervision of that particular office. 11 MR. HENNEKE: Well, I don't supervise, you know, 12 Ms. Lavender. But she's designated as the crime victims 13 coordinator for each of the prosecutors in Kerr County. 14 COMMISSIONER OEHLER: Being as it's kind of under 15 our supervision, if you might want to put that, which is a 16 loose term. It's not supervised -- 17 COMMISSIONER LETZ: Not supervised. 18 COMMISSIONER OEHLER: But it also -- well, just let 19 me finish. 20 COMMISSIONER LETZ: Okay. 21 COMMISSIONER OEHLER: I didn't bother you. Anyway, 22 we have all these other things that we would like for her to 23 do with her time that's not designated for that particular 24 crime victims services, which would require additional 25 funding from us if we want her to do those things, which I do 8-26-13 62 1 agree with the supplements or whatever, those would be a 2 different supplement for every different thing that she does. 3 But as far -- it's really under the Court more for funding 4 than it is for supervision. I mean, that's what I get out of 5 this. 6 COMMISSIONER MOSER: Well, I agree, Bruce, with a 7 lot of what you're saying. I still think it makes sense 8 to -- the designation of a different office; it wouldn't just 9 be called Crime Victims Assistance program or office, but as 10 the Judge recommended, we would put all those functions under 11 one thing, because it's efficient. And that's the key thing; 12 it's the most efficient way to do it. Supervision, I agree 13 with Commissioner Letz. It's -- yeah, reporting to 14 Commissioners Court, that's awkward. But it's -- when you 15 look at the two things, having that person report to five 16 different functions, as opposed to the Sheriff and the 17 District Attorney's office and County Attorney, then that too 18 is a disaster waiting to happen. So, if -- 19 COMMISSIONER OEHLER: Well, in one way, we're kind 20 of fortunate, because each one of them hasn't designated a 21 different person, which is what the law says they can do. 22 COMMISSIONER LETZ: Well, it works. What we're 23 doing works; I'm not arguing with that. I'm just saying how 24 you structure it. I do think we need to get the job 25 description cleared up. 8-26-13 63 1 COMMISSIONER OEHLER: I agree totally. Make the 2 job description fit exactly what that job requires, and then 3 another job description for additional services we want her 4 to do. 5 JUDGE TINLEY: That -- 6 COMMISSIONER OEHLER: Or whoever's in that 7 position. 8 JUDGE TINLEY: That's in draft format now because 9 of some discussions earlier, and that -- that's in draft 10 format. Anything more on that item? We need to move 11 forward, gentlemen. Let's go to our 9:55 timed item; we're 12 running a bit behind. Consider, discuss, take appropriate 13 action authorizing Environmental Health/Animal Control 14 Director to convert a part-time Animal Control officer/kennel 15 worker position into a full-time position and hire a new 16 employee at initial step and grade 14.1. Mr. Garcia? 17 MR. GARCIA: Good morning. I'm requesting that 18 part-time position be filled with a full-time position for a 19 couple of reasons. First, the safety and liability of the 20 staff, kennel worker, for that person, as well as the public. 21 One of the main issues for that position -- to add that 22 position is, in fact, for the safety. However, it will 23 facilitate a couple other things. The front office, the 24 dispatch, the assistant admin/ACO that's -- that dispatches 25 the Animal Control officer on calls and receives numerous 8-26-13 64 1 other things in that position, as far as the public 2 surrenders for animals that come in, she services that window 3 there, and services trapped animal intake also. This 4 requires that position in front to be removed, leaving that 5 office position open and unmanned. The kennel assistant in 6 back also, as the public is coming in, either turning in 7 caged wild animals that are caught, or public intake or 8 adopting out, leaves that position open also. The public is 9 left to their own accord in the kennel area, which, again, 10 leads to safety and liability issues that have to be 11 addressed immediately, in my opinion. So, I am requesting to 12 fill that position. 13 COMMISSIONER LETZ: I visited with Ray about these; 14 I agree with him. I think it's something -- it's a safety 15 issue of our employees, and it's -- you know, and whether 16 we're dealing with dangerous animals or non-dangerous 17 animals, it's not good business for us to have only one 18 person dealing with that animal, so I move for approval. 19 COMMISSIONER OEHLER: I second. 20 JUDGE TINLEY: Motion made and seconded for 21 approval. Question or discussion? Gentlemen, I will tell 22 you that that request has also been embodied into the budget 23 that will be before the Court shortly, so we've got that 24 covered in the budget. 25 COMMISSIONER OEHLER: That position was open. 8-26-13 65 1 JUDGE TINLEY: Yeah, mm-hmm. We have a motion and 2 second. Any further question or discussion? All in favor, 3 signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: The motion does carry. Let's go to 8 our 10 o'clock timed items and see if we can get through 9 here; to conduct a public hearing on the County Clerk's 10 Written Archival Plan in accordance with Local Government 11 Code Section 118.025. At this time, I will recess the 12 Commissioners Court meeting, and I will convene a public 13 hearing on the County Clerk's Written Archival Plan in 14 accordance with Local Government Code Section 118.025. 15 (The regular Commissioners Court meeting was closed at 10:22 a.m., and a public hearing was held in 16 open court, as follows:) 17 P U B L I C H E A R I N G 18 JUDGE TINLEY: Any member of the public that wishes 19 to be heard on the County Clerk's Written Archival Plan in 20 accordance with Local Government Code Section 118.025, this 21 is your opportunity to come forward. 22 (No response.) 23 JUDGE TINLEY: Seeing no one seeking recognition or 24 otherwise coming forward, I will close the public hearing on 25 the County Clerk's Written Archival Plan in accordance with 8-26-13 66 1 the Local Government Code Section 118.025. 2 (The public hearing was concluded at 10:22 a.m., and the regular Commissioners Court meeting was 3 reopened.) 4 - - - - - - - - - - 5 JUDGE TINLEY: I will reconvene the Commissioners 6 Court meeting, and we'll go to Item 19 which is our 7 10 o'clock -- one of several 10 o'clock timed items; to 8 consider, discuss, and take appropriate action concerning the 9 restructuring of the Court Compliance Department. 10 Commissioner Moser? 11 COMMISSIONER MOSER: Thank you, Judge. I made this 12 statement before, but I want to make it again for the record; 13 that I think we should keep the Court Compliance Department 14 as an entity, and not break it apart into two different 15 clerks reporting to two different courts. And the reason I 16 say that is because this is an entity that interfaces with 17 outside organizations, both the probation and -- and others. 18 It's an organization that's -- that has shown advancement in 19 its efficiency and effectiveness, going from about $500,000 a 20 year in collections to a little over a million. It continues 21 to -- to advance. I think it's done that because we've had a 22 person in charge of the -- of the organization or the 23 department. I don't think it will work as efficiently if 24 it's broken into two pieces. I think there's backup that the 25 people within that organization work together, and as they do 8-26-13 67 1 in the County Clerk's office, in backing up. 2 I think also there's some recent information that 3 shows some statistics which are very interesting, is that 4 that organization, the -- the cost for that is like $113,000 5 a year, and it brings in a net of $540,000. And if you look 6 at it in efficiency, that's for every dollar spent, it brings 7 in a little over -- a little over $4.75. So, what it's doing 8 is an organizational element, its function. I don't think 9 there's any way it can function if we break it into two 10 pieces. So, with -- with that -- and I cannot see tearing 11 something apart that's worked so well. And with the -- the 12 Court has said, well, let's do it for a year, and if it 13 doesn't work, we'll go back. That's going backwards. We did 14 it before when it was broken into pieces, and it didn't work. 15 Combined them; it works well. So now, all of a sudden, we 16 want to break it apart and not have a single person in charge 17 of it, or serving as a department. So, that's my position, 18 and I -- and I'd like for us to reconsider any action that 19 we've taken and leave that Court Compliance Department 20 intact, as-is, and have it report to Commissioners Court. 21 COMMISSIONER LETZ: I visited with Commissioner 22 Moser a little bit about this, and I -- you know, I don't 23 have a problem with leaving it as an intact work group. But 24 I do have a problem with the reporting to Commissioners 25 Court. I think that if -- and it doesn't -- what I'm going 8-26-13 68 1 to say I don't think has a budget impact, so it doesn't have 2 to be decided today, and kind of goes in with the item about 3 the LexisNexis, whatever it was, that Jannett had earlier on 4 the thing. You know, if the Court Compliance group reports 5 to either the County Clerk or the District Clerk and sits in 6 a separate little group, and they can work that out between 7 the three of those entities, I have no problem with that. I 8 do have a problem leaving it a separate department. I think 9 it needs to have -- I think there is a benefit from a -- if 10 they are under one of the clerks, then they can be bonded and 11 then they can collect money directly, rather than having to 12 go next door and things of that nature. And I think it 13 provides a level of supervision that I think is needed, and 14 accountability. So, I think that it's a -- and what I'm 15 talking about really doesn't change the budget at all. And I 16 would, you know, have no problem at all with letting the 17 Court Compliance group -- and I think we have Robbin here 18 somewhere. 19 MS. BURLEW: Right here. 20 JUDGE TINLEY: District Clerk. 21 COMMISSIONER LETZ: District Clerk and County Clerk 22 discuss it, if they think they can make it work like that. I 23 agree with some of what you're saying. I have no problem 24 with that. I think it can be handled at our next agenda. 25 There won't be any budget impact, and we can just -- I don't 8-26-13 69 1 think there's been any change up to this point, has there? 2 MS. BURLEW: No, sir. 3 COMMISSIONER LETZ: Has not. So, let it continue 4 to go as-is for right now, and then we can figure out how -- 5 if that function would sort out. Judge, did you adjust 6 anything in the budget according to what we decided last 7 meeting about splitting it up and some of those -- 8 JUDGE TINLEY: Those positions are now assigned to 9 the District Clerk and County Clerk, and are in accordance 10 with the MGT study, are located in each of those. So, we've 11 still got the two individuals included within the budget. 12 The -- the collateral items, supplies and so forth, those, of 13 course, are absorbed into the -- into the District and County 14 Clerk's budget. But both of those positions are covered in 15 accordance with the MGT study within the budgets of both the 16 County and District Clerk. 17 COMMISSIONER OEHLER: So there would not be any 18 budget impact if we decided to kind of leave it alone, but 19 let's see if the District and County Clerk can work out a 20 supervision -- 21 COMMISSIONER LETZ: There won't be any dollar 22 impact. There will be a budget impact, because part of the 23 budget is the departments and all that. 24 COMMISSIONER OEHLER: Yeah. 25 COMMISSIONER MOSER: Clarification. The agenda 8-26-13 70 1 item, though, is to leave it as a department, and then I 2 think there's an agenda item to talk about the budget also on 3 the thing. So -- 4 JUDGE TINLEY: Yeah, we'll get to that momentarily. 5 COMMISSIONER MOSER: Yeah, right. So, let me 6 separate the verbiage here. This is to say step one, leave 7 it as a department, and so I make a motion that we leave the 8 Court Compliance Department as an organization in itself, 9 okay, with the supervisor -- a department head; let me put it 10 that way. The department head and staffing as appropriate. 11 But the way we had it defined right now is a single 12 department. 13 JUDGE TINLEY: I have a motion. Do I hear a 14 second? 15 COMMISSIONER BALDWIN: I second that motion. 16 JUDGE TINLEY: We have a motion and a second. 17 Question or discussion on the motion? 18 COMMISSIONER BALDWIN: I just want to make a 19 comment, that I agree with almost everything that was said 20 here today in regards to it. I can't -- I can't understand 21 why we're wanting to separate all that out and separate -- 22 put so-and-so here and so-and-so there. I just -- I don't 23 understand all that stuff, because it's a unit that has been 24 extremely successful for a number of years. And if it's not 25 broke, don't -- don't fool with it. But, you know, I don't 8-26-13 71 1 know if it's the personnel in there, or if it's the location, 2 maybe. Whatever that is, that needs to be fixed, as opposed 3 to destroying the entire program. The program is a 4 money-making program for us. And, personally, I don't care 5 who works in there, who runs it. If they office upstairs, 6 downstairs, out in the truck, whatever it is that's 7 convenient to get from Spencer's office -- courtroom, I mean, 8 so we can get their money. And they do a fine job. I just 9 don't -- I'm just not real clear in my mind what's driven 10 this thing all these years, of the negativity toward it. 11 But -- 12 COMMISSIONER OEHLER: I think one advantage would 13 be the fact that if they were deputized and they were under 14 the -- under the clerks, they could take the money, rather 15 than having to just make the deals and then send them off to 16 -- to -- 17 COMMISSIONER BALDWIN: To the next desk. 18 COMMISSIONER OEHLER: -- to report elsewhere. I 19 think if there was a way to do that and get both clerks to 20 agree that they -- they supervise, you know, one or the 21 other, and deputize them to where they could receive money, 22 that would more justify that office. 23 JUDGE TINLEY: Any other questions or comments? 24 All in favor of the motion, signify by raising your right 25 hand. 8-26-13 72 1 (Commissioners Baldwin and Moser voted in favor of the motion.) 2 JUDGE TINLEY: All opposed? 3 (Commissioners Letz and Oehler voted against the 4 motion.) 5 JUDGE TINLEY: Chair votes against the motion. The 6 motion fails. Let's go to Item 20; consider, discuss, and 7 take appropriate action to make any necessary adjustment to 8 budget items. Commissioner Letz? 9 COMMISSIONER LETZ: I put this on there kind of one 10 last time just to have a general kind of a discussion on 11 budget possible changes. One I know that's come up that I've 12 looked at is the Auditor's salary a little bit. You know, I 13 was going through things, and that's one that I think is an 14 excessive increase that was in the budget. I don't have a 15 problem with an increase, but I think I'm not -- the total 16 amount of that salary I think is too high. And I also -- 17 I'm -- these aren't really changes, but it's kind of going 18 into the adopting the budget. It seems to me that -- well, 19 I'll just leave it at that one. That's -- I'll wait to get 20 into the next agenda item about adopting the budget, because 21 there seems to be a lot of changes in there. But, anyway, 22 one's the Auditor's salary, the increase. What is that, 23 about 7,000? 24 COMMISSIONER OEHLER: 7,100. 25 COMMISSIONER LETZ: 7,100. To me, I think that 8-26-13 73 1 should be reduced to 5,000. 2 COMMISSIONER BALDWIN: 7,100 increase? 3 COMMISSIONER LETZ: Right. 4 COMMISSIONER MOSER: Mm-hmm. 5 COMMISSIONER OEHLER: Well, that was recommended; 6 that was a letter we got. But, you know, my -- my take on 7 that is going to be different than Jon's. I don't think that 8 the -- I think the District Judges that we have now somewhat 9 agreed a while back that they would not ask for increases 10 more so than what other employees were going to get for that 11 year. And they could do 5 percent without asking us. This 12 is way in excess of 5 percent. And I think -- it's my 13 understanding it's been put in as a supplement. I think that 14 needs to be eliminated, and the increases in that office, 15 whether it be hers or the assistant, should be the same as -- 16 as everybody else. 17 COMMISSIONER BALDWIN: Wait a minute, did you just 18 say that there's a $7,100 increase, and it's in a supplement 19 line? 20 COMMISSIONER OEHLER: That's what I understand. 21 COMMISSIONER BALDWIN: In the Auditor's budget? 22 JUDGE TINLEY: It's a separate line item. They -- 23 at the request of the District Judges that it be carried as 24 a -- as a supplement. 25 COMMISSIONER LETZ: And I'll make a comment. You 8-26-13 74 1 know, I do think that a -- an increase is in line, because 2 the Auditor has taken on a lot of other responsibility and 3 work, largely because of some very complicated grants we're 4 working on right now, a number of them. But I think, you 5 know -- so, you know, maybe it's -- you know, so I can see an 6 increase because of that. I think 7,100 is too much. I said 7 5,000. You said -- 8 COMMISSIONER OEHLER: Two and a half percent of 9 whatever. 10 COMMISSIONER LETZ: Whatever it is. 11 COMMISSIONER OEHLER: Same as everybody else. 12 COMMISSIONER LETZ: So, somewhere in there. I just 13 think that it's -- a $7,100 increase is too high. And I 14 believe it also was an increase for one of the employees in 15 that office, and I don't think that's justified. I mean, we 16 just did an MGT study that said they're all 22's, and all of 17 a sudden we're, you know, jumping one up, you know. If 18 there's a merit increase for one, occasionally those are -- 19 it's a 2 and a half percent increase. Maybe that's what it 20 is. That's what I'm -- I want to look at some of these, you 21 know, details in the budget. As I'm going through it, I'm 22 finding things and seeing things, and I just want to check 23 things out. But, you know, I just think that we need to 24 be -- I think it's too much. 25 JUDGE TINLEY: The increase in one of the assistant 8-26-13 75 1 auditors. My understanding is that this increase was to 2 bring that individual in parity with the other assistant 3 auditors. 4 COMMISSIONER LETZ: I think the increase went to a 5 different -- my understanding was it went to a different one 6 of the assistants. 7 MS. HARGIS: It did, but -- but the parity is 8 because when we brought him in, we took him back. And then 9 we brought him back, but we didn't bring him back up to what 10 he was. 11 COMMISSIONER LETZ: Well, you know, these are 12 things that I think that, you know, I want to know those 13 details before I'm voting on the budget, putting these 14 numbers in there. So, I mean, I think that, you know, we 15 need to go through, you know, what the exact rationale is on 16 something like that. 17 COMMISSIONER OEHLER: Well, and you have the -- 18 also, the staff in the office is -- is plenty adequate to 19 handle the additional duties. It's not all, you know, the 20 Auditor. I don't believe she is doing that all hands-on 21 herself to justify that kind of an increase. The District 22 Judge that I spoke to indicated that they were going to go 23 along with whatever was recommended by the Court; that they 24 would not force us to give more than what was being proposed 25 for everybody else. 8-26-13 76 1 COMMISSIONER MOSER: I need clarification, Judge. 2 On this agenda item, this is for budget adjustments, and 3 we're going to vote on the budget. So, when we go to that 4 agenda item, we're going to discuss detailed line items in 5 that budget also? 6 JUDGE TINLEY: Well, I suppose so. 7 COMMISSIONER MOSER: Okay. I'll hold off, then. 8 JUDGE TINLEY: But right now, it's anticipated that 9 the -- the current agenda item under discussion would be for 10 specific items that members of the Court want to propose as, 11 in effect, changes to the existing budget. And I'm hopeful 12 that -- 13 COMMISSIONER MOSER: But we can -- 14 JUDGE TINLEY: -- whatever changes are anticipated 15 or desired, they'll be resolved under this agenda item. That 16 way, when we get to the budget, why, we'll -- we'll know 17 exactly what it is at that point in time. 18 COMMISSIONER OEHLER: I have one more. I have 19 one more besides that supplement thing being out, and 20 also the increase, if we can't justify it, for the new 21 less-than-a-year employee in the Auditor's office. The 22 other one is taking all of our increases that are proposed 23 for Commissioners Court, including County Judge. We have 24 some things we're having to fund that we weren't expecting 25 to, and I don't -- this will help do that a little bit. 8-26-13 77 1 And I just don't -- I won't vote for an increase for myself. 2 I haven't done it; I'm not going to start now. So, I just 3 don't -- for no more than what it is, doesn't really make any 4 difference. 5 COMMISSIONER MOSER: Let me ask a clarification, 6 then. On the increase -- pardon me -- the increase in the 7 tax rate, okay, if we did not do that, if we kept the tax 8 rate the same as last year, what would be -- what's that 9 amount of revenue that's decreased? 10 JUDGE TINLEY: $43,000. 11 COMMISSIONER MOSER: Okay. That's what I remember, 12 okay. So, there's some things in the budget that I think we 13 could reduce or delay from this year to next year to -- to 14 find $43,000 or $45,000, whatever that amount is that we need 15 to do. And, for instance, and I've talked to -- to Road -- 16 let me give you some examples, okay? Road and Bridge -- and 17 I've talked to Len Odom about this. There's -- there's 18 $30,000 in there for electronic speed limit signs to install 19 in and around all schools in the county. That's probably a 20 nice thing to have, okay. It's probably not anything that we 21 have to do this year. It's probably something we ought to 22 talk to the school districts about to see if they're willing 23 to take that on, or if they're willing to contribute part of 24 that. The other thing is, you know, a new maintenance 25 facility at Road and Bridge. There's about $30,000 in there 8-26-13 78 1 for that. I think that, again, is a nice thing to have. So, 2 I think we can easily find the -- and those are two examples 3 of how you can find it in the budget, reducing some line 4 items so we do not have a tax rate increase for anybody in 5 this county. Even though it's small, I agree with you, it's 6 still the principle of the matter. So -- 7 COMMISSIONER LETZ: Well, I agree with one part of 8 what you said. I agree with the part that there -- for 9 $43,000 difference, there's no reason to do a tax increase. 10 I think we should go with the same tax rate as last year. 11 The 43,000, you know, we can find some things -- the 12 maintenance facility at Road and Bridge, I think we need to 13 go forward on. If there's 30,000 in there for traffic 14 lights, that could be deferred. It would be something good 15 to do, or do part of it; I think that would be fine. But I 16 think this thing is -- with our budgets, I mean, we try to be 17 -- do as good a job as possible. All the elected officials 18 and department heads try to do the best they can, and my 19 experience being a Commissioner a number of years now is that 20 we end up with a certain amount left over every year, and 21 that amount is usually in excess of $43,000. So, I would go 22 with not necessarily -- rather than go in there and trying to 23 cut this one traffic light here and do this one thing there, 24 you know, other than salaries -- I think salaries, we need to 25 get right. But the rest of it, you know, I think we do a 8-26-13 79 1 good job. Our increases have been very, very low 2 historically for the last -- you know, on our budget. I 3 think we -- we've been very good stewards of the taxpayers' 4 dollars. I would rather go with a slight deficit in the 5 budget, as opposed to -- and keep the tax rate where it is, 6 as opposed to trying to go in there and micromanage a certain 7 department. 8 COMMISSIONER MOSER: I agree with that. 9 COMMISSIONER OEHLER: All right. Except for the 10 two things I mentioned. 11 JUDGE TINLEY: The court reporter probably needs a 12 little bit of a rest here, so we're going to take about a 13 15-minute recess. We'll come back and get the rest of this 14 agenda hammered out. 15 (Recess taken from 10:41 a.m. to 11:00 a.m.) 16 - - - - - - - - - - 17 JUDGE TINLEY: Okay, let's come back to order, if 18 we might. We were on Item 20; to consider, discuss, take 19 appropriate action to make any necessary adjustments to the 20 budget items. Any member of the Court have a motion or 21 motions with respect to Item 20 for budget adjustments? 22 COMMISSIONER LETZ: I'll make a motion to limit the 23 Auditor's increase to 5 percent -- or to make it 5 percent. 24 COMMISSIONER OEHLER: And eliminate the supplement? 25 COMMISSIONER LETZ: Well -- 8-26-13 80 1 COMMISSIONER OEHLER: If you don't eliminate the 2 supplement, it doesn't work. 3 COMMISSIONER LETZ: Yeah. With the 2.5 percent 4 increase -- salary increase. 5 JUDGE TINLEY: And that does include the 6 eliminating the supplement? 7 COMMISSIONER LETZ: Yes. 8 JUDGE TINLEY: Okay. Auditor's salary be reduced 9 to 5 percent over her -- 10 COMMISSIONER LETZ: Current salary. 11 JUDGE TINLEY: -- existing salary, okay. I have a 12 motion. Do I hear a second? 13 COMMISSIONER OEHLER: I make a motion that we -- 14 JUDGE TINLEY: Wait a minute. 15 COMMISSIONER OEHLER: Go ahead. 16 JUDGE TINLEY: You got a motion. I don't have a 17 second. 18 COMMISSIONER OEHLER: No, you don't have a second. 19 JUDGE TINLEY: Okay. 20 COMMISSIONER OEHLER: I'll make a motion that we -- 21 JUDGE TINLEY: Wait a minute. 22 COMMISSIONER OEHLER: All right. Get on with it. 23 JUDGE TINLEY: Yeah. Hearing no second to the 24 motion by Commissioner Letz, that motion dies for lack of a 25 second. Any other motions to be offered in connection with 8-26-13 81 1 Item 20 of the agenda? 2 COMMISSIONER OEHLER: I make a motion that we 3 eliminate the proposed supplement in the Auditor's office for 4 both the Auditor and the Assistant Auditor, and that we also 5 eliminate the proposed increases for Commissioners Court, 6 which includes the County Judge. 7 JUDGE TINLEY: That's two different items. You're 8 doing them in one motion? 9 COMMISSIONER OEHLER: One motion. Can I do that, 10 or do you want me to make two motions? 11 JUDGE TINLEY: Well, you're the one making the 12 motion. 13 COMMISSIONER OEHLER: Well, that's an adjustment to 14 the budget. 15 JUDGE TINLEY: Okay. 16 COMMISSIONER OEHLER: Just two different things. 17 JUDGE TINLEY: Okay. I have a motion as indicated. 18 Do I hear a second? Hearing no second, your motion dies for 19 lack of a second. Any other motions to be offered in 20 consideration with adjustments to the budget? 21 COMMISSIONER BALDWIN: I move that we adjust the 22 Auditor's salary from whatever it was to 2 and a half percent 23 like the rest of it. 24 COMMISSIONER OEHLER: And eliminate the supplement? 25 COMMISSIONER BALDWIN: Yeah. Yeah, all that stuff. 8-26-13 82 1 COMMISSIONER OEHLER: I'll second that. 2 JUDGE TINLEY: We have a motion and a second that 3 the Auditor's salary be increased -- by only the COLA? 4 COMMISSIONER BALDWIN: Yes, sir. 5 JUDGE TINLEY: By only the COLA that's included in 6 the budget for all county employees. 7 COMMISSIONER BALDWIN: That's correct. 8 JUDGE TINLEY: And elected officials. Right? 9 COMMISSIONER BALDWIN: Yes, sir. 10 JUDGE TINLEY: Okay. I have a motion and second 11 there. Do we have any discussion on this motion? All in 12 favor of that motion, signify by raising your right hand. 13 (Commissioners Baldwin, Moser, and Oehler voted in favor of the motion.) 14 JUDGE TINLEY: All opposed? 15 (Commissioner Letz voted against the motion.) 16 17 JUDGE TINLEY: Motion carries. Any other -- any 18 other motions to be offered in connection with Item 20? 19 COMMISSIONER LETZ: Can we -- that one did not 20 address the one of the assistant auditors' salary. Can we -- 21 can someone explain to me what happened with Mr. Robles -- 22 his salary? I think he was here earlier. What happened with 23 that salary? 24 JUDGE TINLEY: Ms. Hargis? 25 MS. HARGIS: As you recall, I brought him in as a 8-26-13 83 1 22.1, and the Court wouldn't approve him, and we knocked him 2 down to an 18.1. And so then at the beginning of the next 3 budget year, which was just, what, six weeks later, he went 4 to the 22.1. Then we hired Jennifer at a higher rate, so 5 they're not in parity. And because of the study, I wanted 6 them to be in parity, and it was 2 and a half percent. It's 7 not 5 percent; it's just 2 and a half percent, so they're 8 both on the same step. Because he actually started before 9 she did. Two and a half -- actually, three and a half -- 10 COMMISSIONER LETZ: So you're asking that he get 11 the supplement, the 2 and a half percent increase? 12 MS. HARGIS: Yes. 13 COMMISSIONER LETZ: Okay. 14 COMMISSIONER OEHLER: So, what you're saying is 15 that if we went along with the 2 and a half percent, get 16 parity, and then add another 2 and a half percent which 17 everybody else is getting on top of that? 18 MS. HARGIS: That would get him to parity, yes. 19 COMMISSIONER OEHLER: That way they're -- 20 MS. HARGIS: They would be even. 21 COMMISSIONER OEHLER: Well, they'd be even to start 22 with, with the 2 and a half, and then -- 23 MS. HARGIS: No, they wouldn't be with just the two 24 and a half. He has to go up another two and a half. 25 COMMISSIONER OEHLER: Well, if they're not even at 8-26-13 84 1 that time -- before -- you know, after the two and a half, 2 then how would -- why wouldn't they be even with the two and 3 a half after that? 4 MS. HARGIS: Because she started at a higher level. 5 COMMISSIONER OEHLER: I know, but you're trying to 6 get him up to the same -- 7 MS. HARGIS: I'm trying to get them all the same. 8 COMMISSIONER OEHLER: Well, what -- what does it 9 take to increase him up to her salary? 10 MS. HARGIS: Five -- 5 percent. 11 COMMISSIONER OEHLER: So, then there's then a two 12 and a half on top of that. 13 MS. HARGIS: No, the COLA and a two and a half. 14 COMMISSIONER LETZ: Two and a half, and then the 15 COLA. 16 COMMISSIONER OEHLER: Well, that's what I said to 17 begin with. 18 COMMISSIONER MOSER: You're right. The two and a 19 half should get him there. Then both of them are going to 20 get two and a half, so they'll be at the same thing. So, it 21 has to get there at two and a half. 22 MS. HARGIS: He has longevity, so that brings him 23 in -- 24 JUDGE TINLEY: That is in accordance -- the grade 25 level is in accordance with the MGT study. 8-26-13 85 1 MS. HARGIS: Right. 2 JUDGE TINLEY: Okay. 3 MS. HARGIS: That's fine. 4 JUDGE TINLEY: Any other motions to be offered in 5 connection with -- with Item 20? 6 COMMISSIONER LETZ: And the Veterans Service 7 Officer is in the budget? 8 JUDGE TINLEY: It is. 9 COMMISSIONER LETZ: Full-time position? At what 10 level? 11 JUDGE TINLEY: It authorizes a full-time position. 12 MS. HARGIS: I don't think we gave it a level. 13 It's 44 or 42. 14 JUDGE TINLEY: Is Ms. Lantz here? 15 COMMISSIONER OEHLER: I don't see her -- oh, there 16 she is. 17 COMMISSIONER LETZ: In the corner. 18 COMMISSIONER OEHLER: Hiding in the corner. 19 JUDGE TINLEY: Yeah. 20 MS. LANTZ: It is on the position schedule. I 21 think it's just brought in as a salary. 22 MS. HARGIS: It's not a position -- it's an exempt 23 position. 24 MS. LANTZ: It's 44,659. 25 JUDGE TINLEY: That, if you'll recall, gentlemen, 8-26-13 86 1 is the high end, because it will allow for the credentialed 2 -- the higher-credentialed -- hiring of a higher-credentialed 3 person. Obviously, if someone has lesser credentials -- 4 COMMISSIONER OEHLER: They get less money. 5 JUDGE TINLEY: Yeah. But it was put in there -- 6 COMMISSIONER LETZ: Okay. 7 JUDGE TINLEY: -- in the hope that we would have 8 one that was -- had the maximum credentials so that they 9 could perform the maximum benefit for our area veterans. 10 COMMISSIONER LETZ: Judge, are there any other 11 changes that were made in the budget other than we've 12 discussed today? 13 MS. HARGIS: No. No. We've added the person which 14 you approved, and -- 15 JUDGE TINLEY: Talking about in Animal Control? 16 MS. HARGIS: In Animal Control. 17 COMMISSIONER LETZ: That was in there. 18 COMMISSIONER OEHLER: That was in there, 19 supposedly. 20 MS. HARGIS: Well, we put it -- 21 COMMISSIONER OEHLER: We put it in as a full-time. 22 COMMISSIONER LETZ: And the Victim Service 23 Coordinator, we're paying what percentage of that salary out 24 of our budget, or the general fund? 25 MS. HARGIS: We're paying 51,000 out of the 71. 8-26-13 87 1 JUDGE TINLEY: Of the total budget. We scrubbed it 2 down from 76 to 71. We've got 20,000 contribution, and we're 3 picking up the rest, which is about 51. 4 COMMISSIONER LETZ: Okay. 5 COMMISSIONER OEHLER: And so the adjustments we 6 made in Animal Control with having Ray take over, you know, 7 we don't have -- 8 MS. HARGIS: Those are all done. 9 COMMISSIONER OEHLER: -- the person we had before, 10 so there was a savings there. 11 COMMISSIONER LETZ: Right. 12 COMMISSIONER OEHLER: Overall, after the dust 13 settled, there was savings there, and we just saved a little 14 bit more here with the Auditor's salary. And then, the only 15 other motion I intend to make is just make a single motion, 16 then, that the Commissioners Court, including County Judge, 17 will remove -- we'll remove the proposed amount of increases 18 from the budget. 19 COMMISSIONER BALDWIN: Well, that's the second time 20 you said it. What do you mean? Our salary increase? 21 COMMISSIONER OEHLER: Yeah, salary increase. 22 COMMISSIONER BALDWIN: I see. 23 COMMISSIONER OEHLER: Two and a half percent. 24 JUDGE TINLEY: The COLA, you're talking about. 25 COMMISSIONER BALDWIN: You say that every year. 8-26-13 88 1 COMMISSIONER OEHLER: Well, I do, because I believe 2 in it. 3 COMMISSIONER BALDWIN: I see. 4 JUDGE TINLEY: Well, you know -- 5 COMMISSIONER OEHLER: I told over and over that I 6 would not increase our own salary. You know, we're the only 7 ones that can. 8 COMMISSIONER BALDWIN: Yeah, pretty difficult to 9 do. 10 JUDGE TINLEY: There's a provision, you know -- 11 because of this kind of situation, there's a provision that 12 the Legislature has created for elected officials to turn 13 back or decline to accept all or any part of their salary, 14 and it's a fairly simplified procedure. You merely make that 15 written election with the payroll people, and any of us that 16 are entitled could turn back all or any part of our own 17 choosing. 18 COMMISSIONER OEHLER: Well, that's fine. I just 19 made a motion. 20 JUDGE TINLEY: And so, certainly, you're at liberty 21 to do that. 22 COMMISSIONER OEHLER: Yeah. 23 JUDGE TINLEY: I'm sure each time that -- that you 24 express that item, you've made that election. Any other 25 question or comments? Do we have a second to the motion? 8-26-13 89 1 (No response.) 2 JUDGE TINLEY: Hearing no second, that motion dies 3 for lack of a second. Other motions to be offered in 4 connection with Item 20? 5 COMMISSIONER BALDWIN: Can we give the Sheriff more 6 money? 7 MS. HARGIS: Yes, we did. 8 COMMISSIONER BALDWIN: That was a joke. 9 JUDGE TINLEY: Obviously, you've -- I was 10 speechless for the first time in some period of time. 11 SHERIFF HIERHOLZER: You weren't the only one, 12 Judge. (Laughter.) 13 JUDGE TINLEY: Yeah. Yeah. 14 COMMISSIONER OEHLER: You missed the meeting where 15 that happened. 16 COMMISSIONER MOSER: Yeah, he did. 17 COMMISSIONER BALDWIN: Yeah, I did. 18 JUDGE TINLEY: Hearing no further motions, let's 19 move on to Item 21; to consider, discuss, and take 20 appropriate action to adopt the fiscal year 2013-2014 Kerr 21 County budget. That, of course, is with the adjustments that 22 were made by the motions and -- and approvals just recently 23 done. 24 COMMISSIONER MOSER: I make a motion that the 25 budget reflects the tax rate the same as 2013. 8-26-13 90 1 COMMISSIONER OEHLER: That's a different deal. 2 JUDGE TINLEY: That's not a matter that's reflected 3 in the budget. We'll take a separate vote on the tax rate 4 here momentarily. 5 COMMISSIONER MOSER: Okay, that's cool. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER LETZ: I mean, I think -- but I think 8 that's a -- the two are very closely tied together, for 9 obvious reasons. 10 COMMISSIONER MOSER: One's revenue; the other's 11 expense, right. 12 COMMISSIONER LETZ: So I think that -- and I -- and 13 like I said earlier, I agree with leaving the tax rate the 14 same as it was. And that means we -- I need to figure out 15 what the difference -- I'd like to get an accurate number or 16 exact number as to what the difference between those two tax 17 rates and budget would be. Exact -- I mean, 'cause the 18 Auditor told me during the break it was a different number 19 than 43,000. 20 JUDGE TINLEY: Mm-hmm. What I can tell you, 21 Commissioner, is that prior to -- prior to those adjustments, 22 and based upon the -- the effective tax rate, the budget 23 summary would reflect -- and you'll see it in your budget 24 book there -- will show a general fund reserve of 26.05 25 percent. 8-26-13 91 1 COMMISSIONER LETZ: Mm-hmm. 2 JUDGE TINLEY: The effect of -- of changing from 3 the effective tax rate to the existing stated tax rate of the 4 current year would reduce that slightly below 26 percent. It 5 would be 25 percent and change. The exact change I obviously 6 don't have. I can -- 7 COMMISSIONER MOSER: But it would be more than 25 8 percent. 9 JUDGE TINLEY: I think there's no question it'd be 10 more than 25 percent, wouldn't it? 11 COMMISSIONER MOSER: Absolutely, yeah. 12 JUDGE TINLEY: Absorbing 42,000, $43,000. 13 COMMISSIONER LETZ: Judge, was there a second to 14 the motion from Commissioner Moser? 15 COMMISSIONER MOSER: I think he was saying that we 16 should -- 17 THE CLERK: I only have a motion, no second. 18 COMMISSIONER LETZ: What was his motion? 19 THE CLERK: To adopt the budget with the 20 adjustments made today. 21 COMMISSIONER LETZ: Is that your motion? 22 JUDGE TINLEY: Was that your motion? 23 COMMISSIONER MOSER: No, my motion was -- 24 THE CLERK: And to keep the tax rate -- 25 COMMISSIONER MOSER: -- to keep the tax rate -- the 8-26-13 92 1 current tax rate the same. 2 COMMISSIONER LETZ: Can you split those into two 3 motions? 4 JUDGE TINLEY: Yeah, we -- 5 COMMISSIONER OEHLER: Yeah, you pulled that item. 6 COMMISSIONER MOSER: I think the Judge has pointed 7 out that we're going to take -- under Item Number 1.23, we're 8 going to bring up the tax rate. 9 JUDGE TINLEY: Yes, sir. 10 COMMISSIONER MOSER: So I'm going defer my motion 11 on the tax rate until we get to that budget item. 12 JUDGE TINLEY: So, your motion now is to approve 13 the proposed 2013-14 Kerr County budget with the adjustments 14 that we made here today? 15 COMMISSIONER MOSER: Correct. 16 JUDGE TINLEY: Okay. I have a motion. Do I hear a 17 second to that motion? 18 COMMISSIONER LETZ: Second. 19 JUDGE TINLEY: We have a second. Further question 20 or discussion on the motion? All in favor of the motion, 21 signify by raising your right hand. 22 (Commissioners Baldwin, Moser, and Letz voted in favor of the motion. 23 JUDGE TINLEY: All opposed? 24 (Commissioner Oehler voted against the motion.) 25 8-26-13 93 1 JUDGE TINLEY: Motion carries. Let the record 2 reflect, I believe the budget also requires a record vote 3 because of recent legislation. Let me go through that again. 4 All in favor of the motion to adopt the fiscal year 2013-14 5 Kerr County budget, we want a record vote of that item, with 6 the adjustments we've made here today. Your vote, 7 Commissioner Baldwin? 8 COMMISSIONER BALDWIN: Aye. 9 JUDGE TINLEY: Commissioner Moser? 10 COMMISSIONER MOSER: Aye. 11 JUDGE TINLEY: Votes in favor. Commissioner Letz? 12 COMMISSIONER LETZ: Aye. 13 JUDGE TINLEY: Votes in favor. Commissioner 14 Oehler? 15 COMMISSIONER OEHLER: No. 16 JUDGE TINLEY: Votes against. And the chair votes 17 in favor. The motion passes. Let's now go to first Item 22; 18 consider, discuss, take appropriate action to adopt the 2013 19 Lake Ingram Estates Road District tax rate. 20 MS. BOLIN: Yes, sir. I gave each of you a motion. 21 I just need the motion. Their tax rate actually did go down. 22 COMMISSIONER OEHLER: What is that rate? 23 MS. BOLIN: .2852. 24 COMMISSIONER OEHLER: .2853? 25 MS. BOLIN: Two. 8-26-13 94 1 COMMISSIONER BALDWIN: What was it this last year? 2 MS. BOLIN: .2865. 3 COMMISSIONER OEHLER: I'll make a motion that we 4 set the tax rate for Lake Ingram Estates road -- lateral 5 road -- 6 MS. BOLIN: District. 7 COMMISSIONER OEHLER: Road district? Okay. Lake 8 Ingram Estates Road District tax rate be .2852 per hundred 9 valuation for the year 2013. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE TINLEY: Motion made and seconded as 12 indicated. Question or discussion on that motion? 13 COMMISSIONER MOSER: How does -- question. How 14 does that compare to the previous year? 15 MS. BOLIN: It was .2865. 16 COMMISSIONER MOSER: It's a reduction? 17 COMMISSIONER OEHLER: They formed a road district 18 to pay for their roads to be taken up, and that rate adjusts 19 every year according to what the bonds -- 20 COMMISSIONER MOSER: Okay, sure. 21 COMMISSIONER LETZ: The value. 22 MS. BOLIN: This needs to be a record vote, please. 23 JUDGE TINLEY: We have a motion and a second? 24 THE CLERK: Yes. 25 JUDGE TINLEY: And this also will be a record vote 8-26-13 95 1 with regard to the motion. Any further question or 2 discussion? Record vote. Commissioner Baldwin? 3 COMMISSIONER BALDWIN: Aye. 4 JUDGE TINLEY: Commissioner Moser? 5 COMMISSIONER MOSER: Aye. 6 JUDGE TINLEY: Commissioner Letz? 7 COMMISSIONER LETZ: Aye. 8 JUDGE TINLEY: Commissioner Oehler? 9 COMMISSIONER OEHLER: Aye. 10 JUDGE TINLEY: And the chair votes in favor also. 11 Now we'll go to Item 23; to consider, discuss, and take 12 appropriate action to adopt the 2013 Kerr County tax rate, 13 that rate to include maintenance and operation, interest and 14 sinking, and lateral road tax. 15 MS. BOLIN: You each have two motions. One of them 16 says current tax rate; one says effective, so it's at your 17 pleasure. 18 MS. HARGIS: The current one needs to read on 19 lateral roads .0322, please. 20 MS. BOLIN: No, 23. 21 MS. HARGIS: Not on the current one. It's 22 in 22 the current one, 23 on the new one. 23 MS. BOLIN: I understand. 24 JUDGE TINLEY: Lateral roads should read .0322. 25 Then the M & O would adjust up to .3605, correct? 8-26-13 96 1 MS. BOLIN: Yes, sir. 2 COMMISSIONER LETZ: Give me those numbers again, 3 please, Judge. 4 JUDGE TINLEY: Any member of the Court have a 5 motion with regard to the Kerr County and Lateral Roads 2013 6 tax rates? 7 COMMISSIONER LETZ: The Kerr County -- what's the 8 Kerr County tax rate as we discussed? What's the current tax 9 rate, .4443? 10 MS. HARGIS: .4443. And it needs to stay at .3604 11 and .0516, that's correct. .4120, that's right. 12 COMMISSIONER LETZ: Can you say that louder? 13 JUDGE TINLEY: If we decrease the lateral roads to 14 .0322 -- 15 MS. HARGIS: That -- it just didn't get decreased, 16 Judge. It adds right. It's just -- 17 JUDGE TINLEY: So the maintenance and operation 18 needs to remain at .3604? 19 MS. HARGIS: That's correct. 20 MS. BOLIN: Yes. 21 COMMISSIONER LETZ: I'll make a motion that we 22 adopt a total tax rate for Kerr County at .4443 per $100 23 valuation for the 2013 tax rear, breakdown of tax rate to be 24 as follows: Maintenance and operation will be .3604. 25 Interest and sinking, .0516, for a total for Kerr County 8-26-13 97 1 being .4120. The lateral road tax to be .0322, for a 2 combined total tax rate of .4443. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE TINLEY: We have a motion and a second. 5 Question or discussion on that motion? 6 COMMISSIONER MOSER: Is this just for lateral -- 7 lateral roads, or is this -- 8 COMMISSIONER LETZ: All. Everything. 9 COMMISSIONER MOSER: Everything. 10 JUDGE TINLEY: Combined tax rate. 11 COMMISSIONER MOSER: Combined tax rate, okay. 12 COMMISSIONER LETZ: And the same -- 13 COMMISSIONER MOSER: And for my -- and third time 14 I've asked it. The current tax rate is? 15 JUDGE TINLEY: .4443, as stated in the current 16 motion. 17 MS. HARGIS: I -- I'm sorry. I'm -- it was .0322, 18 but it doesn't add up if it's not .0323, so it's got to stay 19 at .0323. 20 COMMISSIONER LETZ: I'll amend the motion that the 21 lateral road tax should be .0323, and that difference will be 22 due to rounding. 23 COMMISSIONER MOSER: And this motion is for a total 24 combined tax rate of .4443? 25 COMMISSIONER LETZ: Correct. 8-26-13 98 1 COMMISSIONER MOSER: And what is it for this year? 2 COMMISSIONER LETZ: .4443, the same. 3 MS. HARGIS: If you look on your cover sheet that I 4 provided for you, it shows the last year's tax rate in your 5 books. Page 1, if you'll flip the cover. 6 COMMISSIONER MOSER: Okay. So, it's .4430, then, 7 if you're carrying it out four places, right? This current 8 -- what you're proposing is .4443. 9 MS. BOLIN: Correct. 10 MS. HARGIS: That's right. That's correct. 11 COMMISSIONER MOSER: And the current one is .4430. 12 MS. HARGIS: No. 13 MS. BOLIN: No. 14 MS. HARGIS: The same. 15 MS. BOLIN: It's the same. 16 COMMISSIONER MOSER: This is the current -- so 17 we're not increasing the tax -- 18 MS. BOLIN: No. 19 COMMISSIONER MOSER: We're not increasing the tax 20 rates. 21 MS. BOLIN: No. 22 MS. HARGIS: If you get your book right here -- 23 COMMISSIONER MOSER: Okay, I'm just asking a 24 question. So, we're not increasing the tax rate. 25 MS. HARGIS: No. 8-26-13 99 1 COMMISSIONER MOSER: Period. 2 MS. HARGIS: No. 3 COMMISSIONER BALDWIN: We're doing what you wanted 4 to do. 5 COMMISSIONER MOSER: Okay. 6 MS. BOLIN: That's exactly right. 7 COMMISSIONER MOSER: Great. All right. 8 JUDGE TINLEY: We have a motion and a second to, as 9 stated in the motion, have a combined total tax rate of .4443 10 per $100 valuation, comprised of maintenance and operation, 11 .3604; interest and sinking, .0516; and lateral roads, .0323. 12 MS. BOLIN: Right. 13 JUDGE TINLEY: That's the motion before the Court 14 at this time. Any further question or discussion on that 15 motion? All in favor of that motion -- excuse me, we'll do a 16 record vote. Commissioner Baldwin? 17 COMMISSIONER BALDWIN: Aye. 18 JUDGE TINLEY: Commissioner Moser? 19 COMMISSIONER MOSER: Aye. 20 JUDGE TINLEY: Commissioner Letz? 21 COMMISSIONER LETZ: Aye. 22 JUDGE TINLEY: Commissioner Oehler? 23 COMMISSIONER OEHLER: Aye. 24 JUDGE TINLEY: Chair votes in favor also. It's 25 unanimous. 8-26-13 100 1 MS. BOLIN: Thank you. 2 JUDGE TINLEY: Motion carries. Okay. Gentlemen, 3 let's go back and start cleaning up. Item 7; consider, 4 discuss, take appropriate action to recognize Cutbirth Road 5 as a third-class County-maintained public road and approve 6 erection of gates across Cutbirth Road by Bill Johnston and 7 Ford Smith pursuant to Texas Transportation Code Section 8 251.010, Cutbirth Road to remain open to the public. Kerr 9 County Road and Bridge will approve placement and confirm 10 gate specifications conform to law. Commissioner Oehler? 11 COMMISSIONER OEHLER: Yes, this was a request I 12 had. There's been some -- some issues on that road of the -- 13 Mr. Johnston and Mr. -- Mr. Johnston and Mr. Smith own the 14 land from one end of the road to the other. It is a free 15 road. They would like to place a gate on either end, which 16 will also be opened -- that can be opened by the public. 17 There'll be electric gates where they can pull up, push a 18 button and get through, but it will not impede traffic. This 19 was -- Len Odom and I have been out there and visited with 20 them. We've looked at it. And the County Attorney has 21 looked into the law that would allow this to be possible. 22 The road is not very wide; it's very narrow, and they've had 23 some issues in there with a lot of illegal dumping and some 24 burglaries and things that are taking place recently, and 25 they think this might help curtail some of that. But -- and 8-26-13 101 1 what we were told is people that access through there can get 2 to their properties more convenient that way. They'll have 3 clickers. So, they just think that it will add a little more 4 security, and it is legal to do it. And so it's taken a 5 while. We've been working on this a couple of months. And 6 Mr. Stouts is fine with it; I'm fine with it. So, I'm going 7 to make a motion that we approve the agenda item as 8 presented. 9 JUDGE TINLEY: I have a motion. Do I hear a 10 second? 11 COMMISSIONER LETZ: I'll second it, 'cause I want 12 to discuss it, but I'm probably not going to vote in favor of 13 it. 14 JUDGE TINLEY: Okay. We have a motion and a 15 second. Question or discussion? 16 COMMISSIONER LETZ: My concern is precedent. I 17 mean, this -- you know, I'm slightly familiar with this area, 18 mainly because I go up to -- Mr. Buddy Davis lives up Tegner 19 Lane -- Tegner Creek -- 20 COMMISSIONER OEHLER: Tegner Creek. 21 COMMISSIONER LETZ: Tegner Creek, and so, you know, 22 I kind of know where this is. But the -- the problem I have 23 is there are a lot of roads in the county that would qualify, 24 based on that description, to put gates up. And gates, in my 25 mind, on county roads, that's something this Court's been 8-26-13 102 1 pretty adamant about not doing. And, in fact, this road 2 potentially could have more traffic than some of the these 3 others that I've been asked about. I've always said no, we 4 just don't put gates on county roads. I am really concerned. 5 I mean, you know, I'd be, you know, all in favor if they want 6 to do it anywhere else. If he wanted to make it a private 7 road and let these two individuals just take it over and 8 maintain it, and if they want to give people, hopefully, 9 access to it, great. If we went that route and there was an 10 outcry like the last time we tried to close a public road, 11 then I'd consider this as an option. 12 COMMISSIONER OEHLER: We already allow this. I 13 have two in my precinct. 14 COMMISSIONER LETZ: See, I just -- I'm, you know, 15 not really aware of them, and I don't think there's any in my 16 precinct. I've been asked about them and said no, we just 17 don't do it, because it's -- it causes problems. 18 COMMISSIONER MOSER: Who would pay for it and 19 maintain it if -- 20 COMMISSIONER OEHLER: Oh, they pay for the whole 21 cost. It doesn't cost the County a dime. 22 COMMISSIONER LETZ: The County maintains the road. 23 COMMISSIONER MOSER: They maintain the gates? 24 COMMISSIONER OEHLER: Oh, yeah. They maintain the 25 gates and install them at their expense. 8-26-13 103 1 COMMISSIONER MOSER: And there are other places in 2 the county that do this? 3 COMMISSIONER OEHLER: One is Live Oak Road. The 4 access is off of I-10 at Dove Ranch to the back gate of the 5 Y.O. that we just finished paving for the first time, and 6 another one is Arlett, which is just up not too far from 7 Patio Ranch. Been there forever, and yet there's no gate on 8 it. That's a -- that's two different -- actually, three. 9 COMMISSIONER MOSER: And part of this is to 10 preclude dumping, but anybody can go through it at any time. 11 COMMISSIONER OEHLER: Still go through, but you 12 have to stop, push a button. I'm just telling you that this 13 is not something that I'm a big fan of, but in this 14 situation -- and if the Court says, you know, "Well, we'd 15 like to make that a private road; y'all maintain it and take 16 it over," then we can bring that back at another point. 17 COMMISSIONER MOSER: That's what I want to see. 18 COMMISSIONER LETZ: I would rather -- like I said, 19 I would rather see that. I think that's a better option for 20 the public and this general use. But, again, if they -- if 21 that ends up kind of not working, I'd certainly reconsider 22 this, because if you're part of the county, certainly, it's 23 more wide-open and there's more ranch roads around. But it 24 just -- gosh, gates on county roads leaves a bad taste, and 25 my feeling is if we can -- 8-26-13 104 1 COMMISSIONER OEHLER: They wanted a way to clean it 2 up, a legal way to do it where you wouldn't deny access 3 across a public road. Not really restrict it; just kind of 4 maybe deter some of the ones that they don't want coming 5 through there littering up their property and throwing stuff 6 out. And also, they had a big -- big copper theft just 7 recently, a new house that's going in there, Bill Johnston. 8 They stripped all the copper out of it. 9 COMMISSIONER MOSER: I -- 10 COMMISSIONER OEHLER: That sort of thing goes on 11 everywhere, evidently, nowadays. But this is one of those 12 that it's not the only way in and out; there's other access, 13 but it is advantageous to some people that go through there. 14 COMMISSIONER MOSER: I think they'd be a lot 15 happier if it was a private road. They could put the gate 16 there and lock it, and just preclude public access. 17 COMMISSIONER OEHLER: I'll be glad to propose that. 18 COMMISSIONER LETZ: Have you -- 19 COMMISSIONER OEHLER: Oh, I've talked to them about 20 all this stuff. 21 JUDGE TINLEY: Let's dispose of the current motion 22 that we've got. 23 COMMISSIONER OEHLER: I'll withdraw the motion, and 24 we'll bring it back. 25 JUDGE TINLEY: Solves that problem. 8-26-13 105 1 COMMISSIONER OEHLER: Yeah. Be a lot easier. 2 COMMISSIONER LETZ: I don't mean to be difficult. 3 COMMISSIONER OEHLER: Yeah, you do. 4 JUDGE TINLEY: Let's go to Item 8; to consider, 5 discuss, take appropriate action on request from the Hill 6 Country District Junior Livestock Association to use Flat 7 Rock Lake Park from January 12, 2014, to January 18, 2014, 8 for the 2014 stock show. 9 COMMISSIONER OEHLER: This is the same thing we do 10 every year. 11 JUDGE TINLEY: Is that moving approval? 12 COMMISSIONER OEHLER: I'll make a motion to 13 approve. 14 COMMISSIONER BALDWIN: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval of the agenda item. Question or discussion? 17 COMMISSIONER MOSER: So, this is the same as every 18 year? 19 COMMISSIONER OEHLER: Same as every year. 20 COMMISSIONER MOSER: Okay. 21 COMMISSIONER OEHLER: They use the entire thing, 22 but it's not closed to the public. 23 COMMISSIONER MOSER: Yeah, okay. 24 JUDGE TINLEY: Further question or discussion? All 25 in favor, signify by raising your right hand. 8-26-13 106 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: Motion carries. Item 9; to 5 consider, discuss, take appropriate action on request from 6 Hill Country District Junior Livestock Association to close 7 Riverside Drive from Wednesday, January 15, 2014, at 12:01 8 a.m. to Friday, January 17th, 2014, at 11:59 p.m. for 2014 9 stock show. Commissioner Oehler? 10 COMMISSIONER OEHLER: This is the same thing. 11 We're just -- this -- what this does is it allows them to use 12 the park -- both ends of the park for parking trailers and 13 various things, and that does restrict vehicular traffic 14 during those times to the public, but they still can walk in 15 it and utilize it. 16 COMMISSIONER LETZ: Second. 17 COMMISSIONER OEHLER: I'll make a motion that we do 18 that. 19 JUDGE TINLEY: Motion made and seconded. Question 20 or discussion? All in favor, signify by raising -- 21 COMMISSIONER MOSER: Wait. Question, if I may. 22 Does this -- does this preclude people from having access to 23 the dog -- dog run area? 24 COMMISSIONER OEHLER: No. They have to walk in for 25 that amount of time, and not be able to drive in. 8-26-13 107 1 COMMISSIONER MOSER: There's another gate at the 2 other end. 3 COMMISSIONER OEHLER: But they're using both. 4 That's -- that's a security issue for all the trailer parking 5 and such. 6 COMMISSIONER LETZ: It's security and safety. 7 There's a -- that traffic is really congested on that road, 8 and we're trying to block things one way this way, and if we 9 start having other cars going counter on the road, I think it 10 causes a problem. 11 COMMISSIONER MOSER: So, the same thing -- 12 COMMISSIONER OEHLER: Same thing we do every year. 13 COMMISSIONER MOSER: All right, good enough. 14 JUDGE TINLEY: Any other question or discussion? 15 All in favor, signify by raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: Motion carries. Did I see you vote 20 in favor, Commissioner? 21 COMMISSIONER BALDWIN: I did, yes, sir. 22 JUDGE TINLEY: I thought you did. Item 10; to 23 consider, discuss, take appropriate action on request from 24 the Hill Country District Junior Livestock Association to put 25 port-a-potties at Flat Rock Lake Park. That, I assume, would 8-26-13 108 1 be paid by the County and be reimbursed by the association 2 during the 2014 stock show. Commissioner Oehler? 3 COMMISSIONER OEHLER: I move approval. It's the 4 same thing we do every year. And the reason we do it -- main 5 reason is we can write ourselves a floodplain permit, so it 6 doesn't cost the stock show folks $300, and they then 7 reimburse us for the port-a-potties cost. 8 COMMISSIONER LETZ: Second. 9 JUDGE TINLEY: Motion made and seconded for 10 approval. Question or discussion? All in favor, signify by 11 raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign? 14 (No response.) 15 JUDGE TINLEY: Motion carries. We'll go to Item 16 11; to consider, discuss, take appropriate action on request 17 from Hill Country District Junior Livestock Association to 18 use Flat Rock Lake Park from Tuesday, January 14, 2013, at 19 12:01 a.m. to Friday, January 17th, 2014, at 11:59 p.m. to 20 park trailers and use as a staging area for delivery of 21 animals, and close the park to other vehicular traffic during 22 that time period. Commissioner Oehler? 23 COMMISSIONER OEHLER: Move approval. 24 COMMISSIONER LETZ: Second. 25 JUDGE TINLEY: Motion made and seconded. Question 8-26-13 109 1 or discussion? All in favor, signify by raising your right 2 hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: Motion carried. Let's go to Item 7 13; to consider, discuss, take appropriate action regarding 8 the 2014 Kerr County Appraisal District budget. I believe 9 they don't actually act upon their budget until August 15, do 10 they? 11 MS. GRINSTEAD: The information is back there. I 12 think it was the 15th. 13 COMMISSIONER MOSER: I think that's right. 14 JUDGE TINLEY: And after that point in time is when 15 we have 30 days in which to disapprove, so probably we're 16 premature right now. 17 MS. HARGIS: No, August the 15th. 18 MS. GRINSTEAD: That would be 11 days ago. 19 COMMISSIONER LETZ: But, I mean, what I read in the 20 paper -- and I'm sure that Kerrville Daily Times is correct 21 when I read there that the City declined one time on this. 22 COMMISSIONER OEHLER: They did, because there was 23 some issue there. 24 COMMISSIONER LETZ: Right, there was an issue 25 there. Then they took it up again, I believe, on their 8-26-13 110 1 agenda for tomorrow. 2 JUDGE TINLEY: A Council member perceived that he 3 was rudely treated at the meeting. 4 COMMISSIONER OEHLER: That's what I understood. 5 JUDGE TINLEY: But the Appraisal District, however, 6 will not be considering their budget until August 15. 7 COMMISSIONER LETZ: Right. 8 JUDGE TINLEY: And -- 9 COMMISSIONER LETZ: You're right. 10 COMMISSIONER OEHLER: That time passed already. 11 COMMISSIONER MOSER: Since this is the 26th. 12 JUDGE TINLEY: You're exactly right. I don't know 13 what I was thinking. 14 COMMISSIONER MOSER: Good thought, though. 15 JUDGE TINLEY: Buster, did you slip me some of that 16 medication you're on? 17 COMMISSIONER BALDWIN: Nope. (Laughter.) 18 JUDGE TINLEY: Okay. Could I have some? 19 COMMISSIONER BALDWIN: I'm not sharing mine. 20 JUDGE TINLEY: I see, okay. All right. So, what 21 we have before us, gentlemen, is the 2014 Kerr Central 22 Appraisal District budget. 23 COMMISSIONER LETZ: I move approval of the budget, 24 as submitted. 25 JUDGE TINLEY: I have a motion. Do I hear a 8-26-13 111 1 second? 2 COMMISSIONER MOSER: I may second, but I have one 3 question. 4 JUDGE TINLEY: I have a motion and second. 5 Question or discussion? 6 COMMISSIONER MOSER: So I can ask a question. 7 There was -- is there anybody here to address this? 8 JUDGE TINLEY: Appears not. 9 COMMISSIONER MOSER: 'Cause there were big 10 increases listed; 233 percent in consultant fees, 100 percent 11 increase in legal. And after reading what they submitted, it 12 looked like they were eliminating a position, and I think the 13 consultant was to enable them to gather the same type of 14 information, and so I don't know if eliminating that position 15 was offset by this increase in consultant fees, but their 16 budget was about the same as it was for the previous year. 17 COMMISSIONER OEHLER: They generally run pretty 18 constant. If -- if we want to defer on this, we can, and 19 have them come in here and talk to us about it. 20 COMMISSIONER LETZ: We often vote against it, 21 but -- 22 COMMISSIONER OEHLER: Yeah, we have done that, more 23 so than we've voted for it. 24 COMMISSIONER LETZ: One of the -- and I'm not 25 positive if this was part of that, but I do know that part of 8-26-13 112 1 the contract services fee may be related to the power lines, 2 because that's -- I know they contract all of that work out, 3 and all those are having to be appraised, or will be. 4 COMMISSIONER MOSER: And it said in the backup -- 5 it said because they needed additional expertise primarily 6 for commercial properties. 7 COMMISSIONER OEHLER: That would be what it would 8 be. 9 COMMISSIONER MOSER: And I didn't know if that was 10 -- I'd like clarification, you know, why the 233 percent 11 increase. 12 JUDGE TINLEY: We can bring that back on the 9th of 13 September and invite them to be here to enlighten us about 14 those things. 15 COMMISSIONER LETZ: I'll withdraw my motion. 16 COMMISSIONER MOSER: I'll withdraw my second. 17 JUDGE TINLEY: All right. 18 COMMISSIONER MOSER: Good. 19 JUDGE TINLEY: Any other motions to be offered in 20 connection with that Item 13? Okay, let's go to Item 17, 21 then; to consider, discuss, and take appropriate action to 22 authorize Environmental Health/Animal Control Director to 23 terminate a contract with UniFirst for the Animal Control 24 Department uniforms. Mr. Garcia? 25 MR. GARCIA: Yes. You should have a copy of the 8-26-13 113 1 contract -- or, excuse me, the agreement. I conferred with 2 the County Attorney before I made this decision. It also has 3 budgetary impact. I'm currently, in Environmental Health, 4 getting uniforms for five personnel at this same cost as 5 UniFirst, which is for three personnel at Animal Control, so 6 I want to use my uniform plan that I have in Environmental 7 Health for Animal Control, because they did leave out two 8 personnel there at Animal Control that also need uniforms. 9 So, again, on this agreement, the obligation and remedies 10 section was lined out as per the direction of the County 11 Attorney, which the management at UniFirst also signs. So, 12 again, we're just bringing this in front of the Court just to 13 make the Court aware. And also -- 14 MR. HENNEKE: It is a three-year agreement entered 15 into in April for a uniform contract with UniFirst, and I 16 reviewed it. Charity brought it to the Court. But, you 17 know, any contract governmental entities enter into are 18 subject to available funds, and so what -- you know, with the 19 reconfiguration of re-management, you know, Ray's looking at 20 his budget. What I understand is that he's not budgeting for 21 this UniFirst contract, you know, moving in the next budget 22 year, if that's approved by the Court, 'cause he can do it 23 cheaper by providing his own uniforms in-house. Now, you 24 know, we're in the -- we'll be terminating the agreement that 25 was made with UniFirst, but we'll be doing so at the new 8-26-13 114 1 budget year for budget reasons. That's basically what he's 2 brought to y'all to make that decision on. 3 JUDGE TINLEY: Termination would be effective 4 October 1, then? 5 MR. HENNEKE: Yes, sir. 6 JUDGE TINLEY: Okay. Because of nonavailability of 7 funds in the ensuing budget year? 8 MR. HENNEKE: That's what I understand. 9 MR. GARCIA: The -- let me back up. The cost for 10 three personnel, I'm doing it at that cost for five personnel 11 in Environmental Health. So, it is a budgetary impact, but 12 also the cost that they have in UniFirst does not cover the 13 other two employees there that we need to cover with 14 uniforms. So, actually, we will be saving money, and still 15 be able to maintain the current budget next year, but adding 16 the other two people. Had we added the other two people, 17 this would have gone over budget, and this still will be a 18 savings for us in Animal Control. 19 COMMISSIONER LETZ: But you use a uniform service 20 in O.S.S.F. and -- 21 MR. GARCIA: We have uniforms, yes. And our -- 22 well, what we do is, my cost when we get the uniforms, we 23 just get them cleaned. These uniforms, the pants, the other 24 ones that -- the shirts that we buy, they all get cleaned and 25 serviced. The life of those uniforms go way past what the 8-26-13 115 1 uniforms would cost in this line item. 2 MR. HENNEKE: Instead of renting uniforms, Ray buys 3 them, one-time purchase, and then just -- 4 COMMISSIONER LETZ: Sends them to the cleaners. 5 COMMISSIONER OEHLER: Purchase and maintain. 6 MR. GARCIA: Right. And the other thing is, too, 7 that the -- our own people provide their own shirts also with 8 that, so we help out in getting them cleaned and maintained 9 and repaired. Again, cost savings there, UniFirst can't come 10 close to what we do. 11 COMMISSIONER LETZ: I move approval. 12 COMMISSIONER MOSER: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval. Question or discussion? The -- you don't see a 15 problem with this termination, County Attorney? 16 MR. HENNEKE: Well, they -- it is, you know, the -- 17 you know, in ending the agreement during the middle of the 18 term, UniFirst, you know, will have the opportunity to 19 complain about that. But, you know, the funds have not been 20 budgeted, and this is a multi-year -- we're living up to our 21 agreement for the current fiscal year, and then the next 22 fiscal year starts there. So, this is -- you know, there is 23 a risk that UniFirst could complain about this, but the -- 24 you know, the overall exposure is the value of the contract. 25 JUDGE TINLEY: You'll handle the notification and 8-26-13 116 1 so forth? 2 MR. HENNEKE: Yes, sir. 3 JUDGE TINLEY: Okay. Any other question or 4 discussion? All in favor, signify by raising your right 5 hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: That motion does carry. Thank you, 10 Mr. Garcia. Let's move to Item 24; to consider, discuss, and 11 take appropriate action to approve setting the cost for a 12 copy of the fiscal year 2013-14 budget. Ms. Pieper? 13 MS. PIEPER: Gentlemen, the public can normally get 14 the budget book off the website. But, however, should they 15 come in and request a copy of it, I always like for y'all to 16 set the cost. And we normally set the cost for a whole book 17 at $50, or if they just want a couple of pages, per Local 18 Government Code 118.011(a)(3), it's a dollar a page. 19 COMMISSIONER LETZ: Move we set the budget at -- or 20 a full copy of the budget at $50. 21 COMMISSIONER OEHLER: Second. 22 COMMISSIONER MOSER: Question. 23 JUDGE TINLEY: Motion made and seconded as 24 indicated. You're not putting a per-page cost in there? 25 COMMISSIONER LETZ: That's subject to the Local 8-26-13 117 1 Government Code, isn't it? Do I have to designate that as 2 well? It's already part of the -- 3 MS. PIEPER: I always get it just in case. You 4 never know. 5 COMMISSIONER LETZ: And a per-page cost of one 6 dollar a page. 7 JUDGE TINLEY: Okay. 8 COMMISSIONER OEHLER: I'll second that. 9 JUDGE TINLEY: We have a motion and a second. 10 Question or discussion? 11 COMMISSIONER MOSER: Question. A dollar a page for 12 a copy if someone comes in your office and asks for a copy of 13 any other documents that you have? 14 MS. PIEPER: Depending on what the document is, 15 depends on what the statute is. Most of the official public 16 records are a dollar a page. 17 COMMISSIONER MOSER: Okay. 18 MS. PIEPER: Unless they go back to my public 19 computers and they do all their -- their research and hit the 20 "print" button; then it's 10 cents a page. 21 COMMISSIONER MOSER: Okay, so that's the 22 difference. 23 MS. PIEPER: That's per TAC, the Texas 24 Administrative Code. 25 COMMISSIONER MOSER: That was the disparity I was 8-26-13 118 1 trying to understand. 2 MS. PIEPER: Right. 3 COMMISSIONER MOSER: Okay, thank you. 4 JUDGE TINLEY: There's another methodology, 5 Commissioner. They can go online. This entire budget is 6 online, and they can go online and print the -- any portion 7 they want themselves. 8 MS. PIEPER: Right. 9 JUDGE TINLEY: It's all -- it's totally 10 transparent. 11 COMMISSIONER MOSER: I was just wondering about the 12 difference of 10 cents and a dollar, but she explained it, 13 so -- got it. 14 JUDGE TINLEY: Any other question or discussion on 15 the motion? All in favor of the motion, signify by raising 16 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 21 25; consider, discuss, and take appropriate action on 22 approval of resolution by the Commissioners Court of Kerr 23 County Texas authorizing the County Judge to execute a 24 Certificate of Approval concerning the issuance of revenue 25 bonds designated as, quote, City of Hondo, Texas Higher 8-26-13 119 1 Education Facilities Corporation Higher Education Revenue 2 Facilities -- Education Facilities -- let me back up. 3 Facilities Corporation Higher Education Revenue Bonds, 4 parentheses open, Schreiner University project, parentheses 5 closed, 2013, unquote, by the City of Hondo, Texas Higher 6 Education Facilities Corporation in satisfaction of the 7 requirements contained in Section 147(f) of the Internal 8 Revenue Code of 1986, as amended. 9 What this is about, gentlemen, is if the 10 Commissioners Court approves the issuance of -- of those 11 revenue bonds, number one, which the County incurs absolutely 12 no liability, and apparently the City of Hondo has had this 13 education facilities corporation established, so they're 14 going through this, but it gives those bonds a tax-free 15 status, like regular muni bonds under the Internal Revenue 16 Code. It's a simple matter of the Court approving the 17 resolution, me signing a certificate of approval. I think 18 the County Clerk has to certify it, and it'll be of benefit 19 to Schreiner University, and no liability whatsoever on Kerr 20 County. 21 COMMISSIONER MOSER: Does any other county pass 22 resolutions to support this, or is it required? Or is it 23 just Kerr County, since Schreiner University -- 24 JUDGE TINLEY: Just Kerr County on this particular 25 one. We've done this in the past for Schreiner University. 8-26-13 120 1 I don't recall that it was the City of Hondo the last time, 2 but -- 3 COMMISSIONER LETZ: Mr. Spurgeon's fine with it? 4 JUDGE TINLEY: Our bond attorney, I submitted it to 5 him. He reviewed all the documentation from the Fulbright 6 Jaworski lawyers who are handling this matter to Schreiner 7 University, and Mr. Spurgeon e-mailed me that everything's in 8 good shape, and he approves it. 9 COMMISSIONER LETZ: I move approval. 10 COMMISSIONER MOSER: Second. 11 COMMISSIONER OEHLER: Second. 12 JUDGE TINLEY: Motion made and seconded for 13 approval. Question or discussion? All in favor of the 14 motion, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: Motion carries. Let's go to Item 19 26; consider, discuss, and take appropriate action to approve 20 suspension of investment advisory agreement between Kerr 21 County and Patterson Association -- Associates, and have the 22 County Judge and Auditor sign the same. Ms. Soldan? 23 MS. SOLDAN: I prepared the letter for you. You 24 should have that as your backup. We had discussed 25 terminating the agreement. When I spoke to Linda Patterson, 8-26-13 121 1 she suggested we suspend it so that if, in the future at any 2 time, we ever wanted to use her services again, we could 3 continue with the same rates that we're paying now, as 4 opposed to them going up. And I spoke with Jeannie on that, 5 and she was in agreement. I gave the letter to the County 6 Attorney. The one change I did make was as to suspension 7 versus termination. And then I added Jeannie's name so she 8 could sign along with you. 9 JUDGE TINLEY: Ms. Hargis, you got any thoughts on 10 this? 11 MS. HARGIS: I would rather do this suspension so 12 that we could keep it, because if there are changes to the 13 Public Fund Investment Act, or if we need her help doing the 14 RFP -- Q for the depositories, she's going to be more willing 15 to help us on an as-needed basis. There are some things 16 that, you know, it's better to have. As you know, the last 17 time we did the bid, she wrote the depository contract for 18 us. 19 JUDGE TINLEY: Mm-hmm. 20 MS. HARGIS: It's a very lengthy document. 21 JUDGE TINLEY: And that's coming up again. 22 MS. HARGIS: Next year. 23 JUDGE TINLEY: Okay. 24 MS. HARGIS: So it will be on an as-needed basis, 25 and it will be out of professional fees. 8-26-13 122 1 JUDGE TINLEY: Okay. 2 COMMISSIONER LETZ: Move approval of the agenda 3 item. 4 COMMISSIONER MOSER: Second, and a question. 5 JUDGE TINLEY: Motion made and seconded for 6 approval of the agenda item. Question or discussion? 7 COMMISSIONER MOSER: Question is, why does the -- 8 why doesn't the Treasurer cosign this with the County Judge, 9 as opposed to the Auditor? 10 MS. SOLDAN: My name isn't on the current 11 agreement. The agreement was made prior to -- 12 COMMISSIONER MOSER: I see. 13 MS. SOLDAN: -- me coming in August. 14 COMMISSIONER MOSER: Thank you. 15 JUDGE TINLEY: Other question or discussion? All 16 in favor, 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: The motion does carry. 21 MS. SOLDAN: Thank you. 22 JUDGE TINLEY: Let's go to Item 27; to consider, 23 discuss, and take appropriate action to solicit or obtain 24 applications or other expressions of interest from persons 25 seeking appointment by Kerr County Commissioners Court to 8-26-13 123 1 fill the vacancy of the Kerr County Attorney. Commissioner 2 Baldwin? 3 COMMISSIONER BALDWIN: Thank you, sir. I have had 4 several of my constituents come to me requesting that we put 5 this on the agenda and get it taken care of. And I listened 6 to it, and actually, it was some kind of ugliness involved in 7 it, much like the septic tank issue of many years ago. And 8 after thinking about it, and I had a long -- long visit with 9 the County Attorney last week about it, and it's based on 10 their thoughts -- this whole issue here is based on the 11 County Attorney not doing his job in Kerr County. And every 12 report I've had, and I visited with him, and my issues, the 13 Turtle Creek thing and all the things that we're doing, he 14 seems to be here doing his job, and so I'm not -- I don't 15 have any intention of taking any action on it at all. Now, 16 however, when we get down into campaign season, and we start 17 maybe seeing some slippage in the County Attorney's office 18 not doing their job, and not providing -- you know, and it's 19 not -- I don't know what he does down in the courtrooms or 20 his office, in the hallways; that's none of my business. I 21 don't care what he does. What I do care about is how he 22 provides information for this Court to keep us out of the 23 ditch and provide us with information so that we can make 24 intelligent decisions, and he does that. So, with that, 25 Judge, that's all I wanted to say about it. 8-26-13 124 1 JUDGE TINLEY: Okay. 2 COMMISSIONER BALDWIN: It's off and running. 3 JUDGE TINLEY: Any other member of the Court have 4 anything to offer in connection with that particular agenda 5 item? Hearing none, we'll move on. Let's go to Item 28. 6 Are you going to -- 7 COMMISSIONER LETZ: No. 8 JUDGE TINLEY: -- go into executive on this? 9 COMMISSIONER LETZ: Absolutely not. 10 JUDGE TINLEY: Okay. Let me call Item 28; to 11 consider, discuss, take appropriate action and receive update 12 concerning the Guadalupe Blanco River Authority draft permit 13 Number 12378 filed with the T.C.E.Q. Commissioner Letz? 14 COMMISSIONER LETZ: I put this on the agenda mainly 15 just because when it was on the agenda last time, we were 16 under, I thought, a very short time fuse, or possible short 17 time fuse. And it's kind of a serious thing when we file a 18 protest like this. I visited with the County Attorney and 19 others. I still totally think it's right. I've read the 20 permit very much closer than I had in the interim, and I just 21 wanted to put it on the agenda to make sure everyone was 22 still on board with filing a protest. The -- and I'll go 23 over specifically a couple of the concerns I have in their 24 application. They talk about they want 75,000 acre-feet of 25 water -- of unappropriated water in the Guadalupe Basin. 8-26-13 125 1 Well, to my knowledge, and everything they've told me and 2 everyone else has told me, there's no unappropriated water in 3 the Guadalupe Basin. I'm not real sure where this 75,000 4 acre-feet's coming from. 5 The other part of it goes into -- they talk about 6 an off-channel reservoir, what this water is going to be used 7 for. And later in the permit, under some special conditions, 8 they talk about they want to -- water would come from pulses 9 in the river, which I take a pulse to be a flood flow event, 10 like -- you know, and I want to make it real clear that if 11 that's their intention, and we decide to do an off-channel 12 reservoir with the City of Kerrville, both entities are 13 currently -- and the County's looking at some options, and so 14 is the City. That if those pulses are originating in Kerr 15 County, that we have a priority to them over them downstream. 16 I would don't want them getting our pulses. I don't want 17 them -- you know, them taking the benefit of our pulse. 18 There's also a specific provision -- it's a special 19 condition, 6-L, I believe, where they talk about that they 20 can use other water they control to fill up this off-channel 21 reservoir in Gonzales. I want to make sure that that doesn't 22 impact the M.O.U. that we have in Canyon Lake for 6,000 23 acre-feet, 'cause that's other water that they control, in my 24 mind. And that also, I want to make sure that there is a 25 clarity that other water is going to somehow impact any of 8-26-13 126 1 the water rights of Kerr County. So, after spending more 2 time on it, I'm more convinced we're doing the right thing by 3 filing this protest, and we can always withdraw it if they 4 satisfy it. I just wanted to put it on the agenda with a 5 little bit more information than I had last time. 6 JUDGE TINLEY: Previously, we took official action 7 to file a protest, and we have filed that protest? 8 COMMISSIONER LETZ: We have not filed it. The 9 County Attorney has prepared a draft -- or prepared it. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER LETZ: We have until -- 12 MR. HENNEKE: We need to file it this week. It was 13 at Commissioner Letz' suggestion, once we confirmed that we 14 had time, to bring it back on this Commissioners Court 15 meeting, and delay the filing in order to have it on today's 16 agenda, and then we'll file it this week. 17 JUDGE TINLEY: My point is, we've already taken the 18 action necessary to authorize the filing -- 19 MR. HENNEKE: Yes, sir. 20 JUDGE TINLEY: -- of that protest. 21 MR. HENNEKE: Yes, sir. 22 COMMISSIONER LETZ: Right. 23 JUDGE TINLEY: So no further action is required by 24 the Court. And, seemingly, that continues to be the correct 25 course of action. 8-26-13 127 1 COMMISSIONER LETZ: Right. Okay. 2 JUDGE TINLEY: Anything further? 3 COMMISSIONER LETZ: That's it. 4 COMMISSIONER BALDWIN: Let me ask you a question 5 about that. This pulse issue, is that a part of the -- the 6 protest that you're sending down there? 7 COMMISSIONER LETZ: I have not -- 8 COMMISSIONER BALDWIN: Is that just your thing? 9 COMMISSIONER LETZ: The pulse is in a special 10 condition in the permit request. I'm not -- I mean, I'm 11 assuming that's what a pulse is. They didn't define "pulse" 12 in there. 13 COMMISSIONER BALDWIN: Let's find out what the 14 pulse is. 15 COMMISSIONER LETZ: Yeah. 16 COMMISSIONER MOSER: There are a lot of things in 17 there in their favor, so a protest is -- 18 COMMISSIONER LETZ: Good. 19 COMMISSIONER MOSER: -- appropriate. 20 COMMISSIONER LETZ: If you don't protest, you 21 definitely don't have a stand. 22 JUDGE TINLEY: Okay. 23 COMMISSIONER BALDWIN: Very good. 24 JUDGE TINLEY: Let's move on to Item 29 in the 25 addendum; to consider, discuss, take appropriate action 8-26-13 128 1 regarding the burn ban and burning in trash barrels with 2 screens. Commissioner Moser? 3 COMMISSIONER MOSER: Thank you, Judge. I put this 4 on the agenda because it's my understanding that in the past, 5 burning with burn bans on, burning in trash barrels with 6 screens, protected to mitigate sparks and so forth, was 7 approved or was okay, acceptable. And currently, as I 8 understand it, that is not acceptable to do that. I've had 9 several constituents call and indicate that they're having 10 problems not being able to burn their trash. They've done it 11 for a number of years and been very safe about it, water and 12 screens and et cetera, et cetera. And so they are requesting 13 -- or asking me to bring this up again to see if they 14 couldn't -- if we couldn't modify that so that they're 15 allowed to burn in such receptacles, and so protected. And I 16 think some of the people that live out in the rural areas 17 live a long way from the road, and it's expensive for them to 18 haul trash in. They don't have trash pickup out there. So, 19 I'd like to -- to make a motion that we modify our burn ban, 20 if that's possible, and allow burning in -- in containers 21 with screens on them, and that's it. 22 JUDGE TINLEY: Okay, I have a motion. Do I hear a 23 second? Hearing no second, the motion dies for lack of a 24 second. Any other motion or other action to be taken by the 25 Court with regard to this agenda item? 8-26-13 129 1 COMMISSIONER BALDWIN: No, sir, but I'd like to 2 make a comment about his issue here. I do believe that 3 that's one of those issues that needs to be addressed and 4 straightened out. If you look at the -- if you look at the 5 state law, like the environmental quality folks, Parks and 6 Wildlife, and there's one other agency; I can't remember who 7 it is, but they all have their own little set of laws. And 8 one of them may talk about screens and barrels, and one of 9 them not. And, you know, at some point, somehow, this county 10 has to get -- and we've had experts come in and talk about 11 that stuff. I haven't a clue what they said, but we've got 12 -- we've got to get to a point to where -- what law do you 13 point to? You know, when the deputy goes out at 5:30 in the 14 afternoon, do they have to have their fire put out half an 15 hour before dark? Or -- you know, all those other things. 16 So, I just -- I never have been real clear on what the law is 17 with regards to this stuff. I read that the same as you 18 have. But I certainly don't -- when people call me, I don't 19 tell them, "You're welcome to burn in a barrel with a screen 20 on it," 'cause I don't know if that's the law or not. I have 21 no idea. 22 COMMISSIONER LETZ: Don't forget the ceremonial 23 fires. 24 COMMISSIONER BALDWIN: Yeah, and the ceremonial 25 fires. 8-26-13 130 1 COMMISSIONER OEHLER: And cooking fires. 2 COMMISSIONER BALDWIN: Yeah, if you're cooking, you 3 know, you can do -- or heating. If you're cooking and 4 heating, you can do anything you want to do. 5 COMMISSIONER LETZ: It's a very convoluted law. 6 And I think what -- County Attorney? Listen, please. I 7 think we need to possibly look at some kind of a graduated 8 burn, if we can legally. I know you've looked at this some. 9 Right now, we are -- we're as bad as we've been in the past 10 five, ten years, and I'd be -- you know, really none of it 11 should be allowed. But in June, some of the precincts had 12 burn bans on, and I think burning in barrels was probably 13 okay. And I don't know if there was some way we can tie it 14 to the Forest Service drought severity, something like that, 15 to make it so it's not all or nothing. I think that would be 16 helpful. I don't know how we do that, but there's a -- right 17 now, I mean, boy, you just -- you know, a cigarette -- well, 18 if you drive down the interstate, you'll see little fires 19 everywhere just from sparks coming off of trucks. So, it's 20 just a -- there's not a good answer. I agree with what 21 Commissioner Baldwin says; it's a difficult problem. 22 JUDGE TINLEY: Okay. Have we wrung that one out 23 pretty good? I believe that covers most of the listed agenda 24 items. If I've missed something, somebody let me know. 25 Let's move to -- move to Section 4, payment of the bills. 8-26-13 131 1 COMMISSIONER LETZ: Move we pay the bills. 2 COMMISSIONER OEHLER: Second. 3 COMMISSIONER MOSER: Second. 4 JUDGE TINLEY: Motion made and seconded that we pay 5 the bills. Question or discussion? All in favor, signify by 6 raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: Motion carries. Budget amendments. 11 We've been furnished with a Budget Amendment Request Summary 12 dated 8/26/2013 comprised of 38 different specific budget 13 amendments. Do I hear a motion that the budget amendments, 14 as enumerated on the Budget Amendment Request Summary dated 15 8/26/2013, and consisting of 38 separate budget amendment 16 items, be approved as presented? 17 COMMISSIONER OEHLER: So moved. 18 COMMISSIONER LETZ: Second. 19 JUDGE TINLEY: Motion made and seconded. Question 20 or discussion? All in favor, signify by raising your right 21 hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: Motion carries. Late bills. I've 8-26-13 132 1 been presented with late bills from Hager Plumbing, $3,919.68 2 for -- we got some pump issues, and they're going to get 3 worse before they get better. Hager Plumbing for -- also 4 for -- I assume that's probably the labor component or other 5 parts for the pump, $495.15. And also items for Tetra Tech, 6 Inc., in the amount of $3,750, $9,760, $5,480, and for Lloyd 7 Gosselink-Rochelle, three different payments; $616.50, 8 $2,089, $2,220, total of those items being $23,915.50. That 9 is the Center Point wastewater project, those last two, Tetra 10 Tech and Lloyd Gosselink. 11 COMMISSIONER LETZ: Judge? 12 JUDGE TINLEY: Do I hear a motion that the 13 indicated late bills be approved as presented? 14 COMMISSIONER LETZ: So moved. 15 COMMISSIONER MOSER: Second. 16 JUDGE TINLEY: Motion made and seconded that the 17 indicated late bills be approved as presented. Question or 18 discussion? All in favor, signify by raising your right 19 hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: The motion does carry. I've been 24 presented with monthly reports from Kerr County Treasurer; 25 Justice of the Peace, Precinct 4; Constable, Precinct 3; and 8-26-13 133 1 Justice of the Peace, Precinct 2. Do I hear a motion that 2 the indicated reports be approved as presented? 3 COMMISSIONER OEHLER: So moved. 4 COMMISSIONER LETZ: Second. 5 JUDGE TINLEY: Motion made and seconded that the 6 indicated reports be approved as presented. Further question 7 or discussion? All in favor of the motion, signify by 8 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. We'll go to 13 Section 5 of the agenda, reports from Commissioners in 14 connection with their liaison or assignments. Commissioner 15 Baldwin? 16 COMMISSIONER BALDWIN: No, sir, thank you. 17 JUDGE TINLEY: Commissioner Moser? 18 COMMISSIONER MOSER: No, sir. 19 JUDGE TINLEY: Commissioner Letz? 20 COMMISSIONER LETZ: Only one, and it really isn't a 21 liaison assignment directly, but one that somehow I got in 22 the middle of, that Coastal 2X prescription cards, the guy 23 that made a presentation a while back. 24 JUDGE TINLEY: Yeah. 25 COMMISSIONER LETZ: Since I was the one that put it 8-26-13 134 1 on the agenda for us not to take action on it, he called me 2 and wanted to know why, and I told him -- I said we just 3 didn't -- basically, I said we didn't feel we wanted to get 4 involved with it, and we thought it would set a precedent; 5 that we just didn't -- you know, we get lots of requests 6 similar to this, and we just didn't want to do it. And he 7 asked that I at least bring it back before y'all one more 8 time; he would be glad to come back and try to explain it. I 9 said, "Well, I'll be glad to bring it up," but I said -- "and 10 if they want to -- several Commissioners let me know, send me 11 an e-mail, I'll be glad to put it back on the agenda, but 12 don't count on it." So, I've done what I told him I would 13 do. 14 JUDGE TINLEY: Anything further? 15 COMMISSIONER LETZ: No. 16 JUDGE TINLEY: Commissioner Oehler? 17 COMMISSIONER OEHLER: No, sir. 18 JUDGE TINLEY: How about reports from elected 19 officials or department heads? We'll start over here. 20 MS. SOLDAN: Yes. My office, starting tomorrow, 21 will be doing a testing program to be able to e-mail direct 22 deposit pay stubs to employees, as an added feature, and 23 which will reduce my costs in my office for purchasing the 24 special check stock for direct deposits, as well as manpower 25 to print, fold, seal, sort, all that stuff. So, I just 8-26-13 135 1 wanted to let you know that's what we're working on. 2 COMMISSIONER LETZ: Good. 3 JUDGE TINLEY: Thank you. Mr. Garcia? 4 MR. GARCIA: Yes. Over the weekend, we had some 5 issues out in the kennel area again with the drainage 6 problems that we're well aware of. We're going to have to 7 make some emergency repairs to that to keep that kennel 8 operating inside the standards of Texas Health and Safety 9 Code for the County and so forth for the animals that were 10 held in there. We're at capacity right now, and have been at 11 capacity in those kennels, with the adoptions going on as 12 well. So -- out to the public. So, again, you're going to 13 see more of the Hager Plumbing coming out and taking care of 14 the facility currently. 15 JUDGE TINLEY: Sheriff? Ms. Hargis? County 16 Attorney? 17 MR. HENNEKE: Watch out for school zones. 18 JUDGE TINLEY: Glad to see a lot of the veteran 19 representatives here. Appreciate you folks coming. Mr. 20 Cantrell? 21 MR. CANTRELL: Yes, sir. Judge, I wonder if the 22 Court would give a brief moment for Mr. Noller to make a very 23 brief comment. We didn't have time to fill out the form. 24 JUDGE TINLEY: Couldn't find one? Did we run out, 25 Gary? 8-26-13 136 1 MR. NOLLER: Yes, that's correct. 2 JUDGE TINLEY: All right. Well, come on and tell 3 us what's on your mind. Bear in mind, everybody's wanting to 4 go to lunch now. 5 MR. NOLLER: Yes, sir. Well -- 6 JUDGE TINLEY: You don't want to be the guy that 7 keeps folks from lunch, do you? 8 MR. NOLLER: I got to eat too. Gary Noller, 140 9 Ray Drive, Center Point. I certainly would like to let the 10 Commission know that we appreciate the addition in the budget 11 of the Veterans County Service Officer. We believe that is 12 the right thing to do. I also want to offer any assistance 13 in the future that you have with that office, if we can 14 provide any insight, any feedback to you. But we had several 15 people here today, just a little reflection of the interest 16 in this item. And, again, thank you very much. 17 JUDGE TINLEY: We appreciate you being here. Okay. 18 Anything else to come before the Court on this particular 19 agenda? Hearing nothing further, we're adjourned. 20 (Commissioners Court adjourned at 12:05 p.m.) 21 - - - - - - - - - - 22 23 24 25 8-26-13 137 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 29th day of August, 8 2013. 9 10 JANNETT PIEPER, Kerr County Clerk 11 BY: _________________________________ Kathy Banik, Deputy County Clerk 12 Certified Shorthand Reporter 13 14 15 16 17 18 19 20 21 22 23 24 25 8-26-13