1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Tuesday, October 15, 2013 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 PRESENT: H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 23 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 24 BRUCE OEHLER, Commissioner Pct. 4 25 ABSENT: PAT TINLEY, Kerr County Judge 2 1 I N D E X October 15, 2013 2 PAGE --- Visitors' Input - 3 1.1 Consider/discuss, take appropriate action on 4 resolution honoring Clarabelle Snodgrass on her 100th birthday 6 5 1.2 Public Hearing regarding revision of plat for 6 Lot 51 of Kerrville South 2 Subdivision, Pct. 1 12 7 1.3 Consider/discuss, take appropriate action for Court’s final approval regarding revision of 8 plat for Lot 51 of Kerrville South 2 Subdivision 13 9 1.4 Consider/discuss, take appropriate action on request from Latinos Unedos Futbol League to 10 use outdoor arena/grass field at the Hill Country Youth Event Center for practices three times a 11 week; request a reduced rate for facility 14 12 1.5 Public Hearing concerning variance to the platting rules for Lot 14 of Verde Park Estates 2 22 13 1.6 Consider/discuss, take appropriate action on 14 annual Courthouse Lighting Agreement with Kerrville Christmas Lighting Corporation 28 15 1.7 Consider/discuss, take appropriate action to 16 change hours of operation at Kerr County Road and Bridge Office 31 17 1.8 Consider/discuss, take appropriate action for 18 Court’s approval for existing 2” water line with a 5-foot private easement for Kerr County Credit 19 Union to be upgraded to a 12” water line and 15-foot public easement to supply water to both 20 Kerr County Credit Union and the new proposed assisted living facility at the VA Hospital Site 36 21 1.11 Consider/discuss, take appropriate action on 22 resolution to enable Dietert Center to apply for grant from Texas Department of Agriculture 23 to support Meals on Wheels in Kerr County 55, 57 24 1.12 Consider/discuss, take appropriate action to select contractor for negotiations for Kerrville 25 South Wastewater Project, Phase V 56 3 1 I N D E X (Continued) October 15, 2013 2 PAGE 1.14 Presentation from Shirley Bell and Kenny Levless 3 with MHSC Energy on how Kerr County can save money on their lighting bills 58 4 1.15 Consider/discuss, take appropriate action on 5 request from Hill County CARES to be added to nonprofit list for use of HCYEC in order to 6 receive a reduced rate on rental fees 72 7 1.9 Consider/discuss, take appropriate action to approve first amendment to the agreement for 8 inmate health care services and allow County Judge to sign same 77 9 1.10 Consider/discuss, take appropriate action to 10 approve the hiring of a deputy clerk in County Clerk’s office 79 11 1.13 Consider/discuss, take appropriate action to 12 approve contracts with Center Point VFD, Comfort VFD, Hunt VFD, Tierra Linda VFD, Elm Pass VFD, 13 Turtle Creek VFD, Mountain Home VFD, K’Star, Families and Literacy, Inc., Dietert Center, 14 Kerr Economic Development Corporation, and allow County Judge to sign same 82 15 1.16 Consider/discuss, take appropriate action 16 regarding disposal of old oil tank on Mountain Home Volunteer Fire Department property 84 17 1.17 Consider/discuss, take appropriate action to 18 approve and execute engagement letter with Burns Anderson Jury & Brenner, L.L.P. 86 19 1.20 Consider/discuss, take appropriate action for 20 authorization to maintain TCDRS plan provisions for plan year 2014 and allow County Judge to 21 sign same 90 22 1.18 Consider/discuss, take appropriate action regarding Request for Proposal for Kerr County 23 emergency medical services (Executive Session) 92 24 1.19 Consider/discuss, take appropriate action to ratify and confirm contract between Office of 25 Court Administration and Kerr County for the Presiding Judges Assistance Project 93 4 1 I N D E X (Continued) October 15, 2013 2 PAGE 1.21 Consider/discuss, take appropriate action on 3 request from Kerr County Fair Association to use River Star Arts and Events Park for the 4 Kerr County Fair 94 5 1.22 Consider/discuss, take appropriate action on request from Kerr County Market Days Association 6 for use of courthouse grounds for 2014 96 7 1.23 Consider/discuss, take appropriate action to engage Neffendorf, Knopp, Doss and Company, P.C. 8 to perform Kerr County external audit for FY 12-13 and allow County Judge to sign same 99 9 1.24 Consider/discuss, take appropriate action to 10 approve interlocal agreement with the Regional Public Defender for Capital Cases 99 11 1.25 Consider/discuss take appropriate action 12 concerning the Veteran Services Officer position 100 13 4.1 Pay Bills 101 4.2 Budget Amendments --- 14 4.3 Late Bills 104 4.4 Approve and Accept Monthly Reports 105 15 5.1 Reports from Commissioners/Liaison Committee 16 Assignments 106 5.2 Reports from Elected Officials/Department Heads 107 17 1.26 Consider/discuss, take appropriate action to 18 consider lease on River Star Arts and Event Park (Executive Session) --- 19 1.27 Consider/discuss, take appropriate action, 20 including conferring with County Attorney regarding Teal Trading & Development, L.P. vs. 21 Champee Springs Ranches Property Owners Assoc., Cause No. 04-12-00623-CV, in the Court of Appeals 22 for the Fourth District of Texas – San Antonio (Executive Session) --- 23 3.1 Action as may be required on matters discussed 24 in Executive Session 109 25 --- Adjourned 110 5 1 On Tuesday, October 15, 2013, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 COMMISSIONER BALDWIN: May I have your attention, 8 please? We have -- we have an incoming telephone call that 9 we all need to pay attention to, I think. Judge Tinley? 10 JUDGE TINLEY: (via telephone) Yes. 11 COMMISSIONER BALDWIN: It's all yours, sir. 12 JUDGE TINLEY: All right. Good morning, ladies and 13 gentlemen. Let me call to order this regularly scheduled 14 meeting of the Kerr County Commissioners Court posted and 15 scheduled for this date and time, Tuesday, October 15, 2013, 16 at 9 a.m. It is that time now. I'm sorry I won't be able to 17 be with you folks today. The latter part of last week, it 18 was determined that I had a touch of pneumonia, so I'm over 19 here with all the wonderful folks at Peterson Regional 20 Medical Center, and they're working hard to get a handle on 21 that problem, and I think they do have a handle on it and 22 we've got it going the right direction now. So, we'll work 23 on the problem over here, and you folks have a great meeting, 24 and hope everything goes well for you. Thank you much, and 25 appreciate it. Bye-bye. 10-15-13 6 1 COMMISSIONER BALDWIN: Thank you, sir. 2 COMMISSIONER LETZ: Thank you, Judge. 3 COMMISSIONER BALDWIN: Is it your turn to pray? 4 COMMISSIONER LETZ: I always pray. I don't think 5 -- but I think it's yours, actually. 6 COMMISSIONER BALDWIN: I'm going to pray. Y'all 7 stand up and pray with me. And this will be my third time in 8 a row, but I like it. 9 (Prayer and pledge of allegiance.) 10 COMMISSIONER BALDWIN: Thank you. First thing we 11 do in this Commissioners Court is offer the general public an 12 opportunity to come forward and tell us about things that are 13 not on the agenda, so if there's anyone in the audience that 14 would like to come up and talk about something that is not on 15 the agenda, please come forward. I don't see anybody coming, 16 so we'll go right into our agenda. Our first agenda item is 17 consider, discuss, and take appropriate action on resolution 18 honoring Clarabelle Snodgrass on her 100th birthday. Now, 19 Saturday she had a birthday party, and I saw in the paper 20 there was 300 there? 21 MS. SNODGRASS: I haven't counted from the book 22 yet. It was something like that. 23 COMMISSIONER BALDWIN: That's a pretty big number. 24 There was a lot of people; I know that. And so we did the 25 resolution there, and then, of course, going to come in 10-15-13 7 1 today, and all the Commissioners -- members of the 2 Commissioners Court have signed the resolution now, and we 3 want to present it to you. So, I'm going to read it into the 4 county record, Clarabelle, and then I want you to come up. 5 I'm assuming that somebody wants to take a picture of it? 6 Good. Pretty good assumption. So, I'm going to read the 7 resolution. 8 "Whereas, Clarabelle Barton Snodgrass entered this 9 world as a fifth generation native of Kerr County, Texas on 10 October the 13th, 1913; and whereas, her circle of family, 11 neighbors, and friends has multiplied due to her zest for 12 living, loving, laughing, and learning; and whereas, her 13 knack for playing the piano arouses singing, toe tapping and 14 hand clapping. Her music lightens hearts, stirs memories, 15 and encourages dancing; and whereas, she has had a life-long 16 dedication and commitment to contribute her talents to the 17 encouragement of others through membership and leadership in 18 numerous organizations; and whereas, her admiration by others 19 has resulted in being the recipient of numerous local, state, 20 and national honors; and whereas, her passion has become an 21 ever increasing knowledge of Kerr County history and 22 genealogy. Her storytelling informs and entertains those of 23 any age; and 24 "Whereas, some have been inclined to do less as 25 they age. She has been inclined to do more, particularly in 10-15-13 8 1 making others aware of the foundations and examples of 2 character traits of their ancestors; and whereas, she heralds 3 'If you don't know who you were, you don't know who you are,' 4 which emphasizes the importance of knowing and appreciating 5 your family's history. Now, therefore, be it resolved that 6 Clarabelle Snodgrass is a young 100, and the Queen of Kerr 7 County history. Kerr County Commissioners Court honors and 8 pays tribute to her inspirational service to the citizens of 9 Kerr County. And be it further resolved that this resolution 10 was read on the occasion on her 100th birthday celebration at 11 Western Hills Baptist Church, Kerrville, Texas, and presented 12 today, October 15th, 2013. Officially adopted the 15th day 13 of October, 2013," and it's signed by each member of the 14 Commissioners Court. Now, we're going to do something a 15 little bit different about the photograph thing. I want all 16 of us in the picture as I hand this to her, so you either 17 come down here, or Clarabelle's got to come up here, one or 18 the other. 19 COMMISSIONER LETZ: I'll come down. 20 (Low-voice discussion off the record.) 21 COMMISSIONER BALDWIN: You sure look good in blue. 22 MS. SNODGRASS: I'll wear this till I find a red 23 one. (Laughter.) 24 MS. VAN WINKLE: She's still zinging you, Buster. 25 COMMISSIONER BALDWIN: I made a statement out at 10-15-13 9 1 her birthday party that her and I became friends right around 2 Noah's Ark era. 3 MS. VAN WINKLE: Are you that old? 4 COMMISSIONER BALDWIN: Yeah. 5 COMMISSIONER MOSER: There needs to be one change 6 on that. It says Queen of Kerr County history. I think it 7 should be Queen of Kerr County. 8 COMMISSIONER BALDWIN: Yeah, I agree. I agree. I 9 think that's it, ma'am. Thank you so much, and happy 10 birthday to you. 11 (Applause.) 12 MS. SNODGRASS: May I just say thanks to everyone 13 for all the efforts that you've put forth on this, and I 14 certainly do appreciate it. And I only regret that I'm not 15 able to run around town and do like I have done before, but 16 for the past 15 years, since I can't see how to drive -- now 17 I can't see how to type or -- compute or type, so I'm -- I 18 just have to talk. (Laughter.) So -- 19 COMMISSIONER OEHLER: Bless you. 20 MS. SNODGRASS: -- thank you for everything that 21 you all have done, and I miss not being able to be here for 22 some of the occasions. Thank you for this. It means the 23 world to me. 24 COMMISSIONER MOSER: Thank you. 25 COMMISSIONER BALDWIN: Thank you. 10-15-13 10 1 MS. SNODGRASS: It's my treasured thing; it's going 2 to hang in my house as long as I'm around. 3 COMMISSIONER MOSER: Good. 4 COMMISSIONER BALDWIN: Thank you so much. Happy 5 birthday. 6 MS. SNODGRASS: Thank you. 7 (Applause.) 8 MS. SNODGRASS: I want to thank Mr. Parks here; he 9 brought me this morning. He's also a member of the 10 Historical Commission. 11 COMMISSIONER BALDWIN: Yes, ma'am. 12 MS. SNODGRASS: And he's a good driver, and he 13 knows how to pick me up and take me places when I need to go, 14 so I appreciate you, Paul. 15 MR. PARKS: You're welcome. 16 MS. SNODGRASS: And we'll just bid you adieu, 17 because he has other things to do today, and I'll find 18 something to do. I'm just about ready to start another book. 19 COMMISSIONER BALDWIN: Okay. We're ready to get 20 it. 21 MS. SNODGRASS: Well -- well, I just -- my third 22 book has just come out; it just got here last Friday, and 23 it's a book on poetry I've collected through the -- oh, not 24 quite 100 years, but the last 50 years or more, and it just 25 got here Friday. So, it's called Poems and Then Some, and 10-15-13 11 1 I'll just tell you this; that it has the story also in the 2 back of it of Uncle Bill Wharton, who was quite a western 3 character on the Divide in the 1890's. He went out there in 4 1890, and he died in 1919. His wife sold the ranch; another 5 family bought it. They left because they had to bring boys 6 to Kerrville to school. Then the Snodgrass boys, my husband 7 and his two brothers, bought it, and we lived there for 8 nearly five years. And the depression had come along, and 9 the prices went to zero, so we lost the ranch. But I didn't 10 realize at the time that Uncle Bill Wharton was the man that 11 owned that and had built the old house that Ross' brother 12 lived in, and the little two-room house -- it would have been 13 about from here to the door, about that big -- that we lived 14 in. And I didn't realize, of course, at that time that here 15 I was out there, a young gal, never lived that far from town 16 in my life, 50 miles from town, and there we were right in 17 the middle of Kerr County history. 18 COMMISSIONER BALDWIN: Yeah, absolutely. 19 MS. SNODGRASS: So, I guess that's why I like -- I 20 failed history when I was in Tivy High School. (Laughter.) 21 And the superintendent let me take it over when I was a 22 senior. So, I've been learning a little history, you know, 23 all that we had to learn, and here, just think, the past 70, 24 80 years now, I've been learning and -- and living the 25 history of Kerr County. Bye-bye. 10-15-13 12 1 (Applause.) 2 COMMISSIONER LETZ: Commissioner, I move approval 3 of the resolution. 4 COMMISSIONER OEHLER: Second. 5 COMMISSIONER BALDWIN: I have a motion and second 6 for approval of the resolution. All in favor, please say 7 "aye." 8 (The motion carried by unanimous vote.) 9 COMMISSIONER BALDWIN: Is it "say aye" or "raise 10 your right hand"? 11 COMMISSIONER MOSER: You got it. 12 COMMISSIONER LETZ: Whatever you want. You're in 13 charge. 14 COMMISSIONER BALDWIN: Thank you very much. 15 COMMISSIONER MOSER: The ayes have it. 16 COMMISSIONER BALDWIN: Item 2, public hearing 17 regarding the revision of plat for Lot 51 of the Kerrville 18 South 2 Subdivision; Adams, Beaty & Moulton Survey Number 1, 19 and Abstract Number 13, and Volume 4, Page 64, in Precinct 20 Number 1. We'll recess the Commissioners Court meeting and 21 have our public hearing at this time. 22 (The regular Commissioners Court meeting was closed at 9:11 a.m., and a public hearing was held in open 23 court, as follows:) 24 P U B L I C H E A R I N G 25 COMMISSIONER BALDWIN: Mr. Odom? 10-15-13 13 1 MR. ODOM: Yes, sir? 2 COMMISSIONER BALDWIN: I think this is your item. 3 MR. ODOM: Yes, sir, but this is a public hearing. 4 COMMISSIONER MOSER: Yeah, you just -- 5 COMMISSIONER BALDWIN: Your name -- well, stand 6 there and ask questions if -- if necessary. So, is there 7 anyone from the public that wishes to make comments? None? 8 That was an easy one. All right, we'll close the public 9 hearing and redo the Commissioners Court meeting. 10 (The public hearing was concluded at 9:12 a.m., and the regular Commissioners Court meeting was 11 reopened.) 12 - - - - - - - - - - 13 COMMISSIONER BALDWIN: And go to Item Number 3; 14 consider, discuss, take appropriate action for the Court's 15 final approval regarding revision of plat for Lot 51, 16 Kerville South 2 Subdivision; Adams, Beaty & Moulton Survey 17 Number 1, abstract Number 13, Volume 4, Page 64, in Precinct 18 Number 1. Mr. Odom? 19 MR. ODOM: Yes, sir, thank you. Randal and 20 Patricia Rosinbaum own Lot 51, which is 6.66 acres, in 21 Kerville South 2 Subdivision. The Rosinbaums would like to 22 divide their property into Lot 51-A, which is 4.16 acres, and 23 Lot 51-B, which is 2.5 acres. Kerrville South 2 Subdivision 24 is served by the Wiedenfeld Water System. So, at this time, 25 we ask the Court for their final approval of the revision of 10-15-13 14 1 plat for Lot 51 of Kerville South 2 Subdivision; Adams, Beaty 2 & Moulton Survey Number 1, Abstract Number 13, and Volume 4, 3 Page 64, Precinct 1. 4 COMMISSIONER BALDWIN: I'll make a motion that we 5 approve this agenda item. 6 COMMISSIONER LETZ: Second. 7 COMMISSIONER BALDWIN: We have a motion and a 8 second. Is there any discussion amongst the Commissioners 9 Court? Hearing none, all in favor, please aye "aye." 10 (The motion carried by unanimous vote.) 11 COMMISSIONER BALDWIN: Everybody? Okay, none 12 opposed. That's passed. Several months ago, I was on 13 vacation in Colorado, and I got a phone call about this. 14 Boy, it's taken a long time to arrive in here, hasn't it? 15 Yeah. Thank you, Becky. Item 1.4; consider, discuss, take 16 appropriate action on request from Latinos something Futbol 17 League to use the outdoor arena the grass field at the Hill 18 Country Youth Event Center for practices three times a week, 19 and a request to reduce rate for facility. Is Mr. Gomez in 20 the room? 21 MR. GOMEZ: Yeah. 22 COMMISSIONER BALDWIN: Hi, Mr. Gomez. Come 23 forward, please, and tell us what you want us to do. 24 MR. GOMEZ: Okay. My -- I live in Kerrville one 25 year. I come from Phoenix, Arizona. I make a little league 10-15-13 15 1 in there for 10 years, and I want to make a league in here. 2 I have a -- right now, I have one -- I have, like, 11 -- 3 one-ten people play football at Salvation Army outside, but 4 my idea is to make it for the night, Tuesday and Thursday, 5 like 6:00 -- 6:00 to 10:00. This is for all people, men -- 6 or I want to make it for kids, too. Because I have -- my 7 daughter, she have asthma, so she need to make exercise, so 8 that's why my idea. I have insurance. I have my insurance 9 for -- for the football, and I want to sign the -- but 10 Sunday, I just want it for one day, all day, and start, like, 11 9:00 to 5:00. 12 COMMISSIONER LETZ: Question, Mr. Gomez. Is there 13 a reason you're not -- or don't want to use the football or 14 soccer fields over at the city? Or I guess over by Hill 15 Country -- what is it, soccer -- 16 COMMISSIONER MOSER: Soccer. 17 MR. GOMEZ: I read before that Kerrville park by 18 the city, they don't want to rent no more. I don't know why. 19 But I -- I give it to the insurance. I think that's -- the 20 city park want to -- money for the city, not for us. 21 COMMISSIONER LETZ: Right. Well, that could be. 22 But, I mean, it's more the -- but over past -- off Loop 534, 23 there's, I guess, 20 -- probably 20 soccer fields or football 24 fields there. 25 MR. GOMEZ: No, the City don't want to rent. 10-15-13 16 1 COMMISSIONER LETZ: Right. But, I mean, there's 2 not -- you can't -- 3 MR. GOMEZ: No, I can't rent it. I check all of 4 Kerrville, but no, the City don't want to rent. 5 COMMISSIONER LETZ: I mean, I'm not -- from my 6 standpoint, I'm not real inclined to let this property be 7 used for a field, because I just think it's going to get -- 8 this is not what it's meant for. There is Flat Rock Park 9 possibly you could use. I don't know; it wouldn't be a 10 normal soccer field, but it's a big open field. 11 COMMISSIONER MOSER: How about at the Kroc Center? 12 That's -- did you say that you tried there? 13 MR. GOMEZ: Yeah, I play in there, but the Kroc 14 Center outside don't have lights, so we need lights for -- 15 COMMISSIONER MOSER: You need lights? I don't 16 think this area that you're asking for is lighted -- 17 MR. GOMEZ: Yeah. 18 COMMISSIONER MOSER: -- that well. Is it? 19 MR. GOMEZ: I show you picture. 20 COMMISSIONER OEHLER: The arena is, the outdoor 21 arena. 22 COMMISSIONER LETZ: Yeah, but that's -- I think 23 that's not a -- that's not a good situation for us, 'cause 24 those lights aren't made for a soccer field, and then you get 25 into a liability issue. I'm not real inclined to want to -- 10-15-13 17 1 we don't -- the field isn't lit there. 2 COMMISSIONER MOSER: That's it. 3 COMMISSIONER LETZ: You get some off-light from the 4 arena, maybe, but that's not meant for a soccer field. 5 MR. GOMEZ: Yeah, we can fix it. (Laughter.) 6 COMMISSIONER MOSER: Yeah, he -- he'll put some 7 poles and lights up there and fix it. 8 MR. GOMEZ: Yeah, we can fix. 9 COMMISSIONER LETZ: You know, that particular 10 location, I'm not real inclined to let it be used for a 11 soccer field. I think it might -- you know, it's used for 12 parking. We have lots of other events go on over there. 13 It's used for livestock and horses and things. I think that 14 that's not a good location. I mean, you might look at Flat 15 Rock Park. 16 MR. GOMEZ: We check on the park, so -- 17 COMMISSIONER OEHLER: It's a different park. It's 18 on the other end from the boat ramp. Below -- 19 COMMISSIONER LETZ: It's below what you're asking 20 for. 21 COMMISSIONER MOSER: He's asking -- I think he's 22 asking for a lighted area, and there is no lights down there. 23 COMMISSIONER OEHLER: There's no lighted area, 24 other than the arena. 25 COMMISSIONER MOSER: And what did the City say, 10-15-13 18 1 other than -- I didn't understand your -- 2 MR. GOMEZ: I don't know. I don't know. The City, 3 I think -- we make lines for the football. I think the City 4 has a problem with that. The City don't want to -- 5 COMMISSIONER MOSER: They don't want you to put the 6 lines in? 7 MR. GOMEZ: Exactly. 8 COMMISSIONER MOSER: Those are lime, right? I 9 mean, they go away. 10 COMMISSIONER LETZ: Right. 11 COMMISSIONER MOSER: Yeah. 12 MR. GOMEZ: Yeah, because I read for two months in 13 there, but I don't know what happened at the city. The City 14 no want to rent no more. And I checked to the other place; 15 that the same. Just give me, like, two hours in one day. 16 Tuesday, only two hours. 17 COMMISSIONER MOSER: Do you know who you talked to 18 at the City? 19 MR. GOMEZ: Tina. 20 COMMISSIONER MOSER: Who? 21 MR. GOMEZ: Tina. 22 COMMISSIONER LETZ: But, I mean, that's -- 23 that's -- 24 COMMISSIONER MOSER: I don't know Tina. 25 MR. GOMEZ: We checked the same -- the same to the 10-15-13 19 1 other building, that the same. They sent me to Tina, and 2 Tina didn't want to give me more days. I explain to Tina I 3 want two days and four hours, that's it, but Tina just give 4 me one day and one -- and two hours only. 5 COMMISSIONER MOSER: You need it for what? Say 6 again? 7 MR. GOMEZ: I want it -- I rent it for two days; 8 one day, four hours. But Tina give me one day, only two 9 hours, so I need two hours more. 10 COMMISSIONER MOSER: Okay. 11 COMMISSIONER LETZ: I mean, my -- 12 COMMISSIONER MOSER: Yeah. I was trying -- so, you 13 need it for two days for four hours. 14 MR. GOMEZ: Exactly. 15 COMMISSIONER MOSER: Two days for four hours? 16 MR. GOMEZ: Yeah. 17 COMMISSIONER MOSER: And it needs to be, like, at 18 6 o'clock in the evening until -- 19 MR. GOMEZ: Yeah, 6:00. 20 COMMISSIONER MOSER: -- 9:00 or something? 21 MR. GOMEZ: 6:00 and 10:00. 22 COMMISSIONER MOSER: 6:00 to 10:00? 23 MR. GOMEZ: Yeah. 24 COMMISSIONER MOSER: And what days do you need it? 25 Any particular days? 10-15-13 20 1 MR. GOMEZ: Tuesday, and let me see. 2 COMMISSIONER BALDWIN: Sunday. 3 COMMISSIONER MOSER: Those other fields can't be 4 used? 5 MR. GOMEZ: Tuesday and Thursday, two days. 6 COMMISSIONER MOSER: Tuesday and what? 7 MR. GOMEZ: Thursday. 8 MS. GRINSTEAD: Thursday. 9 COMMISSIONER MOSER: Okay. Tuesdays and Thursdays, 10 okay. Yeah, I'm with Jonathan. I don't think that really 11 lends itself to that type of application out there. And it 12 would -- and do you use it all year long? Or do you use it 13 just in the -- 14 MR. GOMEZ: No, long time. 15 COMMISSIONER MOSER: Huh? 16 MR. GOMEZ: We use it, like, one year, two year. 17 Because the league that we -- we finished in four months, and 18 we leave two weeks for -- to start the other games. 19 COMMISSIONER MOSER: Okay. So, four months. Four 20 months; is that right? Four months out of the year? 21 COMMISSIONER OEHLER: Being you're a city guy, why 22 don't you help him with the City? 23 COMMISSIONER MOSER: I'm not a city man, but it 24 sounds like maybe they didn't understand his question. 25 COMMISSIONER LETZ: What is -- my question is, 10-15-13 21 1 where did the City -- where are the City's lit soccer fields? 2 I don't know that they have any soccer fields. 3 MR. GOMEZ: I think before about making Carver 4 Park, and I read over there, because that's only place that 5 have lights. 6 COMMISSIONER LETZ: Right, okay. 7 COMMISSIONER OEHLER: We just don't have anything 8 that's got lights on it. 9 COMMISSIONER MOSER: Right. Ten Little League 10 fields wouldn't lend themselves to that? 11 COMMISSIONER LETZ: They do baseball year-round 12 anyway. 13 COMMISSIONER MOSER: Yeah. And Kroc Center's not 14 lighted. 15 MR. GOMEZ: Not outside, no. 16 COMMISSIONER MOSER: I just don't see a solution 17 that's lighted. 18 MR. GOMEZ: I need lights. 19 COMMISSIONER LETZ: I mean, I don't think there's 20 anything we can help with. I mean, you might look at Flat 21 Rock Park. It's not lighted, but at least on Saturday and 22 Sunday it could be -- you know, you may be able to go down 23 and play soccer there. But we don't -- we just don't have a 24 facility that we could use for that. 25 MR. GOMEZ: Okay. 10-15-13 22 1 COMMISSIONER LETZ: All right. Thank you. 2 COMMISSIONER BALDWIN: Thank you, Mr. Gomez. 3 MR. GOMEZ: All right. Thank you. 4 COMMISSIONER BALDWIN: Let's go to Item 1.5. It's 5 a public hearing concerning a variance to the platting rules 6 for Lot 14 of Verde Park Estates, Precinct 2. We'll recess 7 the Commissioners Court meeting and go into the public 8 hearing for Item 1.5. 9 (The regular Commissioners Court meeting was closed at 9:22 a.m., and a public hearing was held in open 10 court, as follows:) 11 P U B L I C H E A R I N G 12 COMMISSIONER BALDWIN: Is there anyone from the 13 public that wishes to speak on Lot 14 of Verde Park Estates, 14 Precinct 2? Seeing and hearing none, we'll close the public 15 hearing and go back to the Commissioners Court meeting. 16 (The public hearing was concluded at 9:22 a.m., and the regular Commissioners Court meeting was 17 reopened.) 18 - - - - - - - - - - 19 COMMISSIONER BALDWIN: We'll go to Item 1.6 -- 20 COMMISSIONER LETZ: Commissioner? 21 COMMISSIONER BALDWIN: Yes. 22 COMMISSIONER LETZ: Question on that. Was it 23 posted what the variance is, or do we need to know what the 24 variance is? 25 COMMISSIONER MOSER: Yeah. The variance was to 10-15-13 23 1 approve a lot that was a half an acre, I believe. Wasn't 2 that right, Len? 3 MR. ODOM: Right. 4 COMMISSIONER MOSER: Which we addressed at 5 Commissioners Court. 6 MR. ODOM: That's right. 7 COMMISSIONER MOSER: And we said we would schedule 8 a public hearing for that, but it was -- it's -- it's going 9 to require a replat of that area. Because there was -- the 10 best of my recollection was there was confusion on the sale 11 of the property, this -- this less than a half acre, like, 12 three-tenths of an acre piece of property was there, to make 13 it consistent with the other property in the area, which 14 varies anywhere from four-tenths of an acre to half in that 15 entire subdivision -- quote, unquote, subdivision. Okay? 16 This was requesting a variance to -- to proceed with 17 replatting this -- this piece of property, which -- Len, help 18 me -- was 3 or 4 acres itself, and to break out one-half -- a 19 half an acre. 20 MR. ODOM: 2.88 acres or something like that. 21 COMMISSIONER MOSER: Right, and break this out into 22 half an acre so that it could be then sold to the person who 23 has it now, okay? 24 COMMISSIONER LETZ: I guess my question is -- is a 25 specific one. I have never -- I don't recall us ever doing a 10-15-13 24 1 public hearing for a variance, and I'm -- I just want to make 2 sure that -- what the intent of this was. If it's a public 3 hearing on a revision of plat -- 4 COMMISSIONER MOSER: No, it's a public hearing on 5 the variance. 6 MR. ODOM: No. 7 COMMISSIONER LETZ: But we don't -- there's no 8 legal requirement for a public leering on a variance, is what 9 I'm saying. So -- 10 MR. ODOM: It's not -- it's an alternate plat. But 11 we decided when we met that we would ask -- we would have a 12 public hearing on this. 13 COMMISSIONER LETZ: I remember -- 14 MR. ODOM: Commissioner Moser and all of us met, 15 and the idea was to have the public hearing -- 16 COMMISSIONER LETZ: The public hearing, but it's 17 not on a variance. The public hearing is on the revision of 18 plat. The wording on the agenda item, I just want to make 19 sure that we're not doing something that doesn't meet the 20 legal requirements, 'cause we don't do public hearings on 21 variances. We do public hearings on revision of plats. And 22 I want to make sure that -- that's why I was looking at 23 Rob -- that the wording on this is sufficient for a revision 24 of plat. 25 MR. HENNEKE: We're doing an amended plat. 10-15-13 25 1 MR. ODOM: We're going to amend the plat, mm-hmm. 2 COMMISSIONER MOSER: Unless -- 3 MR. HENNEKE: We are going through the alternate 4 plat process. 5 MR. ODOM: Right. And we ask -- and the reasoning 6 was to give everybody a chance without you notifying 7 everybody on this thing. Apparently -- apparently, something 8 -- a person died, sold something, didn't record it, and then 9 this gentleman bought the whole thing. And then, you know, 10 he was approached that, "Hey, I own a third of an acre." 11 COMMISSIONER LETZ: Right, sold twice. 12 MR. ODOM: Sold twice. So, this gentleman is 13 trying to correct that problem. 14 COMMISSIONER LETZ: Right. 15 MR. ODOM: And so by the Court, we chose to go to 16 the alternate plat. 17 COMMISSIONER LETZ: Right, I remember that. I'm 18 just -- my issue is not on what we're trying to do. My issue 19 is the public hearing is for a variance, and that's not -- I 20 don't think that's appropriate. I think the public hearing 21 is for revision of plat, and we can grant a variance if we so 22 choose. 23 COMMISSIONER MOSER: Well, the -- the issue, too, 24 as I recall, was before he proceeds to -- to hire the 25 engineers to replat this property, they want to know if it's 10-15-13 26 1 feasible to do that. Because if it's not feasible, he 2 doesn't want to go to the expense of -- 3 COMMISSIONER LETZ: Right. 4 COMMISSIONER MOSER: -- of replatting. And then 5 they -- once replatted, they come back to the Court. 6 MR. ODOM: He'd come back to the Court. We have a 7 year to come back to the Court. 8 COMMISSIONER MOSER: Right. 9 MR. ODOM: With the alternate plat. 10 MR. HENNEKE: The point's well-taken. I mean, 11 bring it back in two weeks with the public hearing on the 12 revision of plat? 13 COMMISSIONER OEHLER: Well, you've got to post it 14 for 30 days, don't you, to have another public hearing? 15 COMMISSIONER LETZ: I think you can tell I have no 16 problem with what the guy -- what we're trying to do here. I 17 just want to make sure that we don't get -- procedurally do 18 it wrong. And I don't think the public hearing is on the 19 variance; I think the public hearing is on the revision of 20 plat. 21 COMMISSIONER MOSER: Which is not being requested 22 at this time, 'cause they haven't created the plat, replatted 23 it. And, you know, if he gets an indication that the Court 24 will accept a replat to a half -- to a half acre, then he'll 25 proceed with replatting. 10-15-13 27 1 MR. HENNEKE: Which the Court indicated when we 2 were here 30 days ago, when the preliminary concept was 3 presented to the Commissioners Court. I think -- I mean, 4 until the Court approves it, the Court can't pre-bind 5 itself -- 6 COMMISSIONER MOSER: Yeah, okay. 7 MR. HENNEKE: -- to a future act. But, I mean, the 8 direction of the Court was to proceed forward with -- 9 COMMISSIONER LETZ: Right. 10 MR. HENNEKE: -- revision, right? 11 COMMISSIONER MOSER: Yeah. 12 COMMISSIONER LETZ: I think, to be safe, I would 13 redo the public hearing as a -- well, you can't do it ahead 14 of time. I mean, we have to wait till he's ready to do it. 15 COMMISSIONER MOSER: Here's what it needs to do. 16 It's the -- I don't want to say the intent of the Court, but 17 I think based on the record from when he was here before, it 18 was the -- the Court encouraging him to go ahead and replat 19 and then come forward, so I think that's all he wants to do, 20 is he just wanted to make sure of that. 21 COMMISSIONER LETZ: Okay. 22 COMMISSIONER MOSER: Okay. So, no action is 23 required. Come back for the public hearing. Close the 24 public hearing, and he can come back with a replat. 25 COMMISSIONER OEHLER: If we do a public hearing, 10-15-13 28 1 put the correct verbiage on there. 2 MR. HENNEKE: Well, is he ready to do the replat 3 now? 4 COMMISSIONER MOSER: No. No. 5 MR. ODOM: No, he hasn't got the surveyor in there, 6 and that's -- 7 COMMISSIONER LETZ: Right, okay. 8 MR. ODOM: We went ahead -- he has a year from 9 today's date. But if we're going to do this, we'll come back 10 a year from that other time. 11 COMMISSIONER MOSER: Within that time, right. 12 MR. ODOM: And it's up to him to get it resolved. 13 COMMISSIONER MOSER: And come back to the Court. 14 MR. ODOM: Come back to the Court. 15 COMMISSIONER OEHLER: He will come back to the 16 Court, set another public hearing. After the public hearing, 17 you go to a final. 18 COMMISSIONER MOSER: There you go. 19 COMMISSIONER BALDWIN: Okay, we're moving on. 20 COMMISSIONER MOSER: No action. 21 COMMISSIONER BALDWIN: Item 1.6; consider, discuss, 22 take appropriate action on annual Courthouse Lighting 23 Agreement between Kerrville Christmas Lighting Corp. and Kerr 24 County. Mr. Eychner? 25 MR. EYCHNER: Yes, sir. Thank you for the 10-15-13 29 1 opportunity to be here. Good morning. We intend to start 2 thinking about the 26th of October, which is a week from this 3 coming Saturday, to decorate the courthouse, and we're here 4 to ask your permission to do a similar decoration as we did 5 last year. A couple changes, just to let you know, is that 6 we've added 10 foot to our tree, and so our tree this year 7 will, in fact, be the tallest one in the hill country, about 8 45 feet tall, and we'll beat Fredericksburg by at least 10 9 feet. 10 COMMISSIONER BALDWIN: Oh, good. 11 MR. EYCHNER: So -- and we're going to put it in 12 the same -- we request to put it in the same southwest 13 quadrant of the courthouse lawn, where KPUB has erected their 14 anchor, and it will be sufficient for the additional heighth. 15 And KPUB again will erect the tree, if you so approve. The 16 -- we intend to put lights and wreaths on the courthouse, as 17 we've done in the past. The only thing we're going to do 18 this year is, on the southeast quadrant of the courthouse 19 lawn, we're going to do a Christmas tree forest, and instead 20 of placing 13 Christmas trees along Highway 27, we're going 21 to have kind of a lighted pathway, and we've recruited 13 22 businesses to adopt and decorate a tree. And the whole goal 23 of this is to get the community more involved in the 24 Christmas season and all that. 25 And just to give you an idea, we have Century 21, 10-15-13 30 1 Lemon Tree Cleaners, Terminix, Crenwelge Motors, Finds, 2 Guadalupe National Bank, Kerr County Abstract, Red Cross, 3 Grape Juice, J.M. Lowe and Company, and we're hoping to get 4 the Kerrville Daily Times, Peterson Hospital, and H.E.B. And 5 so we have one -- one business per tree, and so there's no 6 competition; like, all banks aren't doing it and things like 7 that. And -- and we'll have a pathway through that with a 8 ballot box on each end, and ask people to vote on their 9 favorites. And there's no money involved; we don't -- the 10 businesses are responsible for furnishing their own 11 decorations, and we hope that each one will be decorated 12 according to their business. Like, Terminix is going to try 13 to get bugs and put on their tree, and Crenwelge will put 14 cars on his, and Century 21 will put houses on theirs, and so 15 it ought to be cute and clever. And then the -- the winner 16 and runner-up get bragging rights for a year, and that's the 17 extent of it. 18 COMMISSIONER MOSER: Will their trees be lighted, 19 or just the big tree? 20 MR. EYCHNER: They'll be lighted as well, depending 21 on how elaborate each business wants to do it. 22 COMMISSIONER MOSER: Okay. 23 MR. EYCHNER: And we hope they will start their 24 decoration on the 9th of November, and the lighting ceremony 25 is set for the 23rd of November this year. So, with your 10-15-13 31 1 permission, we would like to proceed as we have done in the 2 past, and make -- make the area a little brighter. 3 COMMISSIONER MOSER: I move that we allow the 4 Kerrville Christmas Lighting Corporation to proceed with the 5 Christmas lighting as specified by George. 6 MR. EYCHNER: Thank you. 7 COMMISSIONER LETZ: I like the idea. Second. 8 COMMISSIONER BALDWIN: Motion and second. All in 9 favor, say "aye." 10 (The motion carried by unanimous vote.) 11 COMMISSIONER BALDWIN: Motion carries. 12 MR. EYCHNER: Thank you very much. I appreciate 13 your time. 14 COMMISSIONER BALDWIN: Thank you, sir. 15 MR. EYCHNER: God bless y'all for your service. 16 COMMISSIONER BALDWIN: Same to you. Item 1.7; 17 consider, discuss, take appropriate action to change the 18 hours of operation at the Kerr County Road and Bridge office, 19 Precincts 1, 2, and 4. Actually, there's 3 in there. I was 20 just checking to see if you was awake down there. Mr. Odom? 21 MR. ODOM: Didn't get a reaction, did you? 22 COMMISSIONER BALDWIN: No, I didn't. 23 MR. ODOM: Road and Bridge is respectfully 24 requesting a change in hours of operation for the Road and 25 Bridge office. Not the department, but the office staff. 10-15-13 32 1 We're requesting the change in hours of operation for the 2 office in order to provide a safer work environment for the 3 office staff that close up the office every day. There are 4 many days, due to vacation and sickness, whatever, when only 5 one office staff member is left to manage the office for the 6 last 30 minutes of the day. The current hours of operation 7 for the Road and Bridge office are 7:30 to 12:00, and 1:00 to 8 4:30, for a total of eight hours. And the requested change 9 is the same amount of hours, eight hours, but it's from 7:00 10 to 12:00, and from 1:00 to 4:00. You may remember that the 11 road crews complete their day and leave the workplace at 12 4 p.m. each day. We believe that the presence of the work 13 crews will provide additional security for the Road and 14 Bridge office staff. So, respectfully, I would ask you to 15 consider that. I think it'll be a safer environment. It's 16 been something I've wanted to do for a long time. It bothers 17 me that I leave those ladies there by themselves. 18 COMMISSIONER MOSER: I'd like to see if I can 19 one-up you on this, and that is to have the Court authorize 20 Len Odom, as the department head for Road and Bridge, to 21 decide on the hours that he would like to operate, without 22 having to get approval by the Court. Just give him that 23 authority. 24 COMMISSIONER LETZ: The question I have -- Dawn, do 25 you know -- what does our policy say about working hours? Or 10-15-13 33 1 does it say anything? 2 MS. LANTZ: It depends on the area. Most offices 3 are 8:00 to 5:00; however, law enforcement and the other 4 facilities that work different hours, that's up to the 5 elected official. However, we have had that discussion, 6 Mr. Leonard Odom and myself, and I too have a concern. But I 7 don't have a problem with him changing the hours to what 8 he's -- I think that's fair for his location, because they do 9 earlier hours, and they are expected to be there in the 10 morning earlier than other employees because of the nature of 11 their work. 12 COMMISSIONER LETZ: But there's nothing -- I mean, 13 I guess my -- can we do what Commissioner Moser was 14 suggesting, or is this something in our policy that we have 15 to change? That would -- 'cause we'd have to do it, or can 16 we just say, "Do it"? 17 COMMISSIONER MOSER: Can we authorize him -- can we 18 make the motion to authorize him to set his office hours as 19 he sees necessary and appropriate? 20 MS. LANTZ: There's the only thing in the policy 21 that regulates the lunch hours, I believe, where you can't 22 change your lunch hours to meet needs of leaving work early. 23 As far as him setting his hours, I don't know of anything in 24 our policy that does say that. 25 COMMISSIONER MOSER: Let me put it this way. To 10-15-13 34 1 make -- I'll make the motion that we authorize Mr. Odom, the 2 department head of Road and Bridge, to set the hours for the 3 office staff consistent with the policies of the County. But 4 you have the flexibility, then, if you want 7:00 to 4:00, 5 then you can change that as you see fit. If you need to 6 adjust that -- and I would think somebody starting at 7:00 in 7 the morning, you know, they're probably going to not want to 8 wait till noon to eat. So, I say let him set the hours 9 consistent with the policy existing in the county. 10 COMMISSIONER BALDWIN: Let's don't spend any more 11 time on this. That's the silliest damn thing I ever heard. 12 COMMISSIONER MOSER: So, the motion's made. 13 COMMISSIONER BALDWIN: Motion. Is there a second? 14 COMMISSIONER LETZ: I'll second it, yeah. 15 COMMISSIONER BALDWIN: Okay. All in favor, say 16 "aye." 17 (Commissioners Moser and Letz voted in favor.) 18 COMMISSIONER BALDWIN: Any opposed? 19 (Commissioners Baldwin and Oehler voted against.) 20 COMMISSIONER BALDWIN: I think he has the authority 21 to do that today, and it's nothing more -- what the agenda 22 item is is nothing more than a professional courtesy to let 23 us know what he's doing out there. So, that's all there is 24 to this thing. 25 COMMISSIONER OEHLER: He came and asked us to 10-15-13 35 1 approve it. 2 COMMISSIONER MOSER: Yes, they do. 3 COMMISSIONER BALDWIN: That's all there is to it, 4 and I appreciate you doing it. Thank you. We'll see you. 5 MR. ODOM: All right, sir. 6 COMMISSIONER BALDWIN: Don't come back in here for 7 another year, now. 8 MR. ODOM: Okay. 9 THE REPORTER: Commissioner Oehler, did you raise 10 your hand, opposed? 11 COMMISSIONER OEHLER: Yes, I did. 12 COMMISSIONER BALDWIN: Yeah, motion dies for lack 13 of a majority. 14 COMMISSIONER OEHLER: Yeah, I opposed it. Yeah, I 15 sure did. 16 COMMISSIONER MOSER: Okay. 17 COMMISSIONER BALDWIN: Item 1.8 -- 18 COMMISSIONER LETZ: My question, then, is does that 19 mean he can't do it, or you just think he can do it without 20 coming to us? 21 COMMISSIONER BALDWIN: He can do anything he wants 22 to, in my opinion. 23 COMMISSIONER OEHLER: Well, I don't know about 24 that. 25 COMMISSIONER BALDWIN: Well, I don't know about 10-15-13 36 1 anything. But -- 2 COMMISSIONER OEHLER: I think he made a request, 3 and I'll make a motion that we approve his request. 4 COMMISSIONER LETZ: All right. Second that one. 5 COMMISSIONER BALDWIN: Motion made and seconded. 6 All in favor, say "aye." 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: None opposed. Very good. 1.8, 9 consider, discuss, and take appropriate action for the 10 Court's approval for existing 2-inch water line with a 5-foot 11 private easement for Kerr County Credit Union to be upgraded 12 to a 12-inch water line and a 15-foot public easement to 13 supply water to both the Kerr County Credit Union and to the 14 new proposed assisted living facility at the V.A. Hospital 15 site in Precinct Number 2. Mr. Odom? 16 MR. ODOM: Yes, sir. 17 COMMISSIONER MOSER: You said don't come back for a 18 year. 19 COMMISSIONER BALDWIN: Well, after today. 20 COMMISSIONER MOSER: Oh. 21 MR. ODOM: Back in 2010, we came to the Court for 22 their approval for a 5-foot private water easement with a 23 2-inch line to supply city water to Kerr County Credit Union. 24 Mike Wellborn has contacted us, and wanting us to upgrade 25 that to replace it with a 12-inch line all the way through 10-15-13 37 1 our property, with a 15-foot easement to go up. And what 2 they -- the City tells me is my bird sanctuary right there, 3 which I have a disagreement about, in studying that one about 4 this. This is the Court's decision, but I'll tell you the 5 way I feel, is -- is the answer is no. And I don't 6 particularly want a 15-foot strip controlled by the City that 7 I can't do anything in the future. That thing will run all 8 the way back up along that old railroad line there, which is 9 one of the areas I wanted to consider in the future, some 10 type of structure or something back up in there. And I just, 11 for the life of me, I believe that a 15-foot easement, they 12 won't even let me drive on it, probably. They were adamant 13 about it when we were down at the airport, and with that 14 structure we put across, how delicate that was with their 15 12-inch line there. 16 So, I just -- I'll leave it to y'all's discretion, 17 but I think that it limits us. It does not bother me with 18 the 2-inch line. There's not a danger or anything. But a 19 12-inch line, to me, the V.A. has the property over there, 20 off back behind us there on Spur 100, and it can go right 21 through the graveyard. I'm not talking about digging 22 people's graves up, but along that boundary, and they can 23 still add to. This is a V.A. problem, and I just think it's 24 there, but they don't wish to look at that. That 12-inch 25 line ought to be able to go between the golf course and that 10-15-13 38 1 cemetery and come up there and feed whatever they're going to 2 build. I have no earthly idea what it looks like on their 3 design, but to limit us so that we can't have that area, and 4 to have it probably go right up where you would be running 5 vehicles and all -- 6 COMMISSIONER BALDWIN: Leonard, is there -- is 7 there a 2-inch water line and a 5-foot easement there now? 8 MR. ODOM: Yes, sir. 9 COMMISSIONER BALDWIN: And that's at the back end, 10 the back fence of your property? 11 MR. ODOM: That's right. 12 COMMISSIONER BALDWIN: County's property. 13 MR. ODOM: Right. 14 COMMISSIONER BALDWIN: And it runs across the bird 15 sanctuary? 16 MR. ODOM: It runs across the bird sanctuary. 17 COMMISSIONER MOSER: So, the issue is, if you 18 increase the easement here, you're precluded -- 19 MR. ODOM: I'm precluded. 20 COMMISSIONER MOSER: If I understand you, you're 21 precluded from any permanent structures, number one? 22 MR. ODOM: That's -- 23 COMMISSIONER MOSER: Being that easement? 24 MR. ODOM: Right. 25 COMMISSIONER MOSER: And you've -- and you're 10-15-13 39 1 concerned that you'd be precluded from running heavy 2 equipment -- 3 MR. ODOM: That's right. 4 COMMISSIONER MOSER: -- across the area if you need 5 to, and it's right across the back of the property of where 6 Road and Bridge is located now? 7 MR. ODOM: Yes, sir. And I believe that we have -- 8 COMMISSIONER MOSER: Yeah, there's a photograph. 9 MR. ODOM: It's in the photographs and all. 10 COMMISSIONER MOSER: Right. So -- so, my question 11 is, what are -- and I guess this is to Mike or to you, too. 12 What are the other options, and what are the pros and cons 13 with the other options? "Options" being reroute -- you know, 14 other routes for this line. 15 MR. ODOM: I'm told -- or what Mike has told us is 16 that it would be more expensive for them to relocate it; it 17 would be longer. I don't know. I don't have the slightest 18 idea what the design is, but that's hard for me to believe, 19 that it would cost that much more, and the V.A. could do it. 20 COMMISSIONER MOSER: There's Mike. 21 MR. ODOM: We have Mike, and he has his opinion. 22 And also, in 2010, we just didn't arbitrarily do that. We 23 came to the Court in a court order and asked y'all's 24 permission at that point to allow them to put that 2-inch 25 line. We thought we were being good neighbors, and why they 10-15-13 40 1 couldn't serve it anyway from across the street -- they 2 decided not to, but -- 3 COMMISSIONER LETZ: Another question. I mean, 4 doesn't the line go down 27? Doesn't it go down 27 right 5 there? 6 MR. ODOM: Yes, sir. On the opposite side, it's my 7 understanding. 8 COMMISSIONER OEHLER: That's what feeds the -- the 9 fire hydrants and all the stuff at the event center. 10 MR. ODOM: And they said they couldn't bore up 11 underneath the road to get to the other side, and so they 12 want to come from -- from Spur -- 13 COMMISSIONER MOSER: 100. 14 MR. ODOM: -- 100 right there and come up through 15 our yard all the way back up. To me, it was boring up, 16 tapping into that line on the other side, and going up 17 underneath the highway. 18 COMMISSIONER MOSER: So, that's an option. 19 MR. ODOM: That's an option. 20 COMMISSIONER LETZ: There's a 12-inch line that 21 goes up to Spur 100 now? 22 MR. ODOM: Yeah. 23 MR. WELLBORN: There's a 12-inch line on Spur 100, 24 not across the road. 25 COMMISSIONER OEHLER: He's talking about on the 10-15-13 41 1 south side of Highway 27. 2 MR. WELLBORN: Okay. 3 COMMISSIONER OEHLER: That was what he was 4 referring to. 5 MR. WELLBORN: It's about 100 feet south of highway 6 right-of-way. 7 COMMISSIONER BALDWIN: Leonard, before you leave, I 8 have one more question for you, please. The -- if we say no 9 here today, or -- if we say no here today and they move it up 10 into the cemetery or the golf course, or whatever that thing 11 is there, will this 2-inch line then disappear? 12 MR. ODOM: No. 13 COMMISSIONER BALDWIN: That's going to remain the 14 same? 15 MR. ODOM: Remain there. 16 COMMISSIONER BALDWIN: What would it be for? 17 MR. ODOM: For the credit union. That's how 18 they're getting their water. 19 COMMISSIONER BALDWIN: Well, yeah, but if we put in 20 a new line, that's also for the credit union. 21 MR. ODOM: Well, then they can -- to me, they can 22 tap into it. The 2-inch would be eliminated. They ought to 23 be able to tap in. 24 COMMISSIONER BALDWIN: 2-inch will be eliminated? 25 MR. ODOM: That's the way I would take it. Now, I 10-15-13 42 1 don't know what he plans. 2 MR. WELLBORN: May I -- 3 COMMISSIONER BALDWIN: That's what I'm asking. 4 MR. ODOM: To me, they ought to be able to tap into 5 the 12-inch line. 6 MR. WELLBORN: Yes, they would. 7 COMMISSIONER BALDWIN: Okay, cool. Thank you. 8 MR. WELLBORN: Thank you. Do you have copies of 9 the easement exhibits? 10 COMMISSIONER BALDWIN: I think so. 11 COMMISSIONER MOSER: Yeah, I think so. 12 COMMISSIONER LETZ: Pictures aren't real good. 13 MR. WELLBORN: What? 14 COMMISSIONER MOSER: Tell us what you're looking 15 at. 16 MR. WELLBORN: Here's a couple copies, if you need 17 them. 18 COMMISSIONER MOSER: We've got them here. 19 MR. WELLBORN: You got it? Okay. 20 COMMISSIONER BALDWIN: Thank you, sir. 21 MR. WELLBORN: Yes, sir. 22 COMMISSIONER LETZ: We can share. 23 MR. WELLBORN: Okay. We don't want to preclude the 24 County from taking any property whatsoever. Basically, what 25 we're asking for is that there's an existing water line in 10-15-13 43 1 the in the current location, a 2-inch. Upgrade that to a 2 12-inch. It would serve the county as well as the credit 3 union, as well as the new proposed veterans housing project 4 in order to supply the firefighting quantity of water. Our 5 understanding is that at present, you have setbacks. I'm not 6 sure how that applies with the county; maybe Rob can answer 7 it for us. But with the existing easements, you couldn't 8 build existing structures over it. And setbacks, you can't 9 build existing structures within setbacks, which typically 10 are 15 to 20 feet. 11 COMMISSIONER MOSER: Speak into the microphone. 12 MR. WELLBORN: Sorry. So, the way we're seeing it, 13 this is next to the property line, which would be within 14 existing setbacks. Based upon zoning -- again, not sure how 15 that applies to -- 16 MR. HENNEKE: We don't have it. 17 MR. WELLBORN: -- the county. 18 MR. HENNEKE: We don't have zoning. 19 MR. WELLBORN: But it would be like anybody 20 developing in the county. When you develop, you typically 21 dedicate utility easements. It's a requirement by the 22 County, typically with the City also. So, we're just asking 23 for the same type of rules that exist for everybody else. 24 And if we can change the easement from a 5-foot to 15-foot, 25 that would best serve the -- the housing project. 10-15-13 44 1 COMMISSIONER MOSER: So -- but -- I understand 2 that, but what are the other options on getting the 12-inch 3 water line to the V.A. -- to the proposed new V.A. facility? 4 MR. WELLBORN: We have to go to the adjacent 5 property next to you and have a parallel line. 6 COMMISSIONER MOSER: Adjacent property being the 7 old -- old golf range? 8 MR. WELLBORN: Actually, the owner over there is -- 9 McCutty? 10 MS. HOFFER: McCarthy. 11 MR. WELLBORN: Brian McCutty, what it shows on the 12 easement documents. We have to get an easement from them, or 13 double -- basically, right now it's about 1,200 feet of water 14 line extension we'd need to get to the veterans housing, 15 which is, again, housing for veterans with disabilities. And 16 we're trying to extend the their funds for this project. And 17 if we did an alternate route, it would almost double the 18 length of that water line extension. 19 COMMISSIONER MOSER: Okay. One other question, if 20 I may, in pursuing those options. 21 MR. WELLBORN: Yes, sir. 22 COMMISSIONER MOSER: So, the Veterans Hospital 23 right now must have adequate water supply to meet the fire 24 standards. 25 MR. WELLBORN: They do not. 10-15-13 45 1 COMMISSIONER MOSER: They do not? 2 MR. WELLBORN: They do not have -- 3 COMMISSIONER MOSER: It's kind of like at the 4 airport, where we had to increase the -- 5 MR. WELLBORN: Yeah, exactly. 6 COMMISSIONER MOSER: -- the 800 -- 7 MR. WELLBORN: Exactly. 8 COMMISSIONER MOSER: -- to 1,500 gallons per 9 minute? 10 MR. WELLBORN: They upped the rules, and things 11 that exist get to stay. New construction has to comply with 12 the new rules. 13 COMMISSIONER MOSER: So, the -- so, the water 14 supply at the Veterans Hospital does not meet the 15 requirements, and now you have to bring in a 12-inch line to 16 the new facility; is that right? 17 MR. WELLBORN: Yes, sir. 18 COMMISSIONER MOSER: Okay. 19 MR. WELLBORN: Yes, sir. 20 COMMISSIONER MOSER: And back to Commissioner Letz' 21 question, is there not a line along Highway 27 that has that 22 capacity? 23 MR. WELLBORN: No, sir, there is not. 24 COMMISSIONER MOSER: So it only goes -- Spur 100 25 has the -- 10-15-13 46 1 MR. WELLBORN: Yeah. It's kind of -- 2 COMMISSIONER MOSER: Where does it get the flow 3 from? 4 MR. WELLBORN: Let me show you. And this is the 5 best exhibit I've got, if I may. Can you pass that around? 6 Here's the proposed development. Here's a 12-inch water line 7 over here, and then the other water line is back behind the 8 -- the existing development back in that area. 9 COMMISSIONER MOSER: Oh. So, you could go really 10 short if you go from -- 11 MR. WELLBORN: It would triple the cost. To bore 12 underneath the highway is about $300 a linear foot, versus 13 about $20 a linear foot. 14 COMMISSIONER MOSER: This is what they want to do. 15 Here's the other line. 16 COMMISSIONER LETZ: Yeah. 17 COMMISSIONER OEHLER: It costs 300,000 to bore 18 under the highway? 19 MR. WELLBORN: I don't know about 300,000. It's 20 about a 100-foot right-of-way, so 300, so it would be about 21 30,000 just for the bore. 22 MR. ODOM: 30,000. 23 COMMISSIONER OEHLER: 30,000, but not 300,000. 24 MR. WELLBORN: Not 300, no. $300 a linear foot. 25 COMMISSIONER MOSER: We just bored for the sewer 10-15-13 47 1 line down at 534 and 27. 2 MR. WELLBORN: And those are options. We're just 3 asking, since there's an existing water line. 4 COMMISSIONER MOSER: My question is real simple. 5 What are the other options? How many options are there? 6 Probably about three options you mentioned so far; one behind 7 Road and Bridge, one through the adjacent property to the 8 north of Road and Bridge, and probably even further north 9 from there through the cemetery or whatever, which is 10 veterans property. Okay. So, with -- and the other option 11 is boring from the south side of Highway 27. So, the 12 question is, for each one of those options, what are the pros 13 and cons? And "pros and cons" being costs and so forth. We 14 don't know the answer to those -- those questions. So, I 15 think before I'd say anything, I'd have to know options and 16 pros and cons. 17 MR. WELLBORN: I can answer those options. 18 COMMISSIONER MOSER: Okay. 19 MR. WELLBORN: Number one is we have to go through 20 various -- 21 COMMISSIONER MOSER: Quantify them for me, now. 22 Don't -- don't make them -- 23 MR. WELLBORN: Quantify? 24 COMMISSIONER MOSER: -- qualitative. 25 MR. WELLBORN: We have to go through and get 10-15-13 48 1 additional agreements through various property owners. The 2 cost -- the length would increase, increasing the cost to the 3 project. 4 COMMISSIONER MOSER: By how much? 5 MR. WELLBORN: Basically, $25 to $30 per linear 6 foot, and basically double if we have to go through the 7 cemetery. 8 COMMISSIONER MOSER: But my question -- what I need 9 is -- I think what the Court needs is, if you go to Option 1, 10 2, 3, or 4, -- 11 MR. WELLBORN: Okay. 12 COMMISSIONER MOSER: -- here's the cost. 13 MR. WELLBORN: Okay. 14 COMMISSIONER MOSER: In dollars. Not per foot, 15 okay? Here are the other issues associated with it. And 16 then we can see, you know, which -- what -- what the County 17 would be giving up, and what -- how the veterans in the new 18 facility would be benefiting. So, I think we need that 19 information -- 20 MR. WELLBORN: Okay. 21 COMMISSIONER MOSER: -- to make a decision. At 22 least I would. 23 MR. WELLBORN: I'll get that information. Sorry, I 24 didn't -- didn't know that. 25 COMMISSIONER MOSER: No, that's okay. It's just, 10-15-13 49 1 you know, -- 2 MR. WELLBORN: Okay. 3 COMMISSIONER MOSER: -- I think we're asking -- 4 because I think Len has also mentioned, you know, expansion 5 someday, okay? It could be desirable to move Road and 6 Bridge -- to increase the area of Road and Bridge to the 7 north, to the -- to where the field is, and if he did that, 8 then you'd completely -- 9 MR. WELLBORN: I guess my question would be -- is 10 that what we're asking is you've got an existing water line 11 there. We're asking to upgrade that, and you can't -- we're 12 not asking for anything in addition to what you can and can't 13 use that property for. 14 COMMISSIONER MOSER: Well, it -- I understand, but 15 if you you run another line over there, like Commissioner 16 Letz, I believe, said, then you can tap into that; you can 17 eliminate the 2-inch -- 2-inch line that goes to the credit 18 union. 19 MR. WELLBORN: Yes. Yes. 20 COMMISSIONER OEHLER: What I heard was -- what you 21 said one time there was that we give you a 15-foot blanket 22 easement across there. 23 MR. WELLBORN: Utility easement. 24 COMMISSIONER OEHLER: Utility easement. That means 25 we for sure can't build on that. But then you said an 10-15-13 50 1 additional 15-foot setback, so that makes it 30 feet. 2 MR. WELLBORN: No, I'm saying there is an existing 3 setback there that would be there, although Rob says there's 4 not. Since the County owns it, that those rules don't apply 5 to the county. So, -- 6 COMMISSIONER OEHLER: Right. 7 MR. WELLBORN: -- my assumption was everywhere else 8 in the city, there's existing setbacks. 9 COMMISSIONER OEHLER: Yeah. 10 MR. WELLBORN: And that you can't build within 11 those setbacks. Typically, you try to make the utility 12 easement concurrent with those existing setbacks, so that 13 way -- 14 COMMISSIONER OEHLER: So, you would only be -- you 15 would only be encumbering 15 feet, not 30? 16 MR. WELLBORN: Yes, sir. 17 COMMISSIONER OEHLER: Okay. 18 MR. WELLBORN: Additional 10 feet from what's 19 already there. 20 COMMISSIONER OEHLER: I would still like to see the 21 options and the cost before I make a decision. 22 COMMISSIONER MOSER: Yeah. 23 COMMISSIONER LETZ: What's the -- the V.A. -- the 24 map doesn't show it all, but, I mean, there's a 6-inch line 25 is all that feeds the current hospital? 10-15-13 51 1 MR. WELLBORN: Yeah. And they have their own 2 existing water well that they use also, so I'm not sure how 3 much -- I don't know the existing setup. 4 COMMISSIONER MOSER: And water tanks. 5 MR. WELLBORN: Do what? 6 COMMISSIONER MOSER: And water tanks. 7 COMMISSIONER OEHLER: They just had that repainted. 8 COMMISSIONER MOSER: Yeah, two water tanks. 9 COMMISSIONER OEHLER: So, they're not -- 10 MR. WELLBORN: Anyway, we're just trying to see if 11 the County was willing to help with the project. If not, 12 we'll look at other options. 13 COMMISSIONER MOSER: I think we just need the other 14 options and costs. And, in fact, one of the cons is the 15 15 -- I mean, a 5-foot -- 15-foot easement through there will 16 preclude the easy use of the facility that's at Road and 17 Bridge right now, and especially if it's expanded to the 18 north. 19 MR. WELLBORN: Can I ask you what the cost 20 difference would need to look like for the Court to be in 21 favor of this? 22 COMMISSIONER MOSER: That's not -- I wouldn't know 23 how to answer that. $1.80, or -- 24 MR. WELLBORN: It doubles the cost. 25 COMMISSIONER OEHLER: How about real cost? 10-15-13 52 1 MR. WELLBORN: Okay. 2 COMMISSIONER MOSER: Yeah. 3 COMMISSIONER OEHLER: Not some kind of pie -- you 4 know, don't make one look better than the other. Real cost. 5 What the real costs are. 6 MR. WELLBORN: Sure, okay. So, if there's any cost 7 savings, the Court would look favorably on it? Or -- 8 COMMISSIONER MOSER: Well, just -- I'm not going to 9 say that. 10 MR. WELLBORN: I'm just trying to figure out -- 11 because timing is of the essence, and if the Court's not 12 going to grant it, then I just need to let the V.A. know, and 13 we'll look at other options. 14 COMMISSIONER MOSER: I think it's a reasonable 15 question to say, -- 16 MR. WELLBORN: Yes, sir. 17 COMMISSIONER MOSER: -- "What are your options, and 18 what are the costs for each one of those?" And then we'll 19 consider that as part of your request. 20 COMMISSIONER LETZ: I guess, Mike, the thing I look 21 at a little bit is kind of long-term, what's the best for 22 this property? It seems like there's -- I mean, the V.A. is 23 on their own water system, I know, and that's fine. They can 24 do that. But at some point, they might want to come onto the 25 city system, and it just seems to me -- 10-15-13 53 1 MR. WELLBORN: Sure. That would serve them also. 2 COMMISSIONER LETZ: Right, it would help them. But 3 this is a -- looks like a convoluted way to do it, to me. It 4 seems like you'd be -- you know, if the cost is not just a 5 whole lot more, it would be a lot better to come off of 534 6 or -- or 27 to get a 12-inch line in there, rather than kind 7 of coming back diagonally off Spur 100. Just seems like it's 8 an odd route to get there, to me. 9 MR. WELLBORN: Typically, you don't want -- the 10 other option is going to be in TexDOT's right-of-way, and you 11 like to avoid that if at all possible, because if they ever 12 widen it, then you -- whoever owns that water line has to 13 move it at their own option. 14 COMMISSIONER LETZ: Already got a sewer line there. 15 MR. WELLBORN: Yeah. And if they widen it, you got 16 to move it at your cost. 17 COMMISSIONER LETZ: We're aware of that 18 requirement. 19 COMMISSIONER MOSER: Yeah, okay. 20 MR. WELLBORN: Okay. 21 MR. HENNEKE: Mike, your question -- I didn't say 22 anything about the city zoning. The County doesn't have 23 zoning. That's what I understood your question was, on 24 county zoning. 25 MR. WELLBORN: Right. And the City does have 10-15-13 54 1 zoning. 2 MR. HENNEKE: Right. No -- 3 MR. WELLBORN: Setback requirements. And the 4 question was -- is that I think if you tried right now, you 5 can't build within 15 to 20 feet from your existing property 6 line anyway, permanent structures. You can park there, which 7 you would be able to do with an easement also. But as far as 8 building permanent structures, there's the -- just like there 9 is in the county, there's setback requirements that are -- 10 I'm sorry, there's -- instead of setbacks, you'll have 11 easements, 15- to 20-foot easements. 12 COMMISSIONER MOSER: Okay. 13 COMMISSIONER LETZ: Mike, another question. Are 14 you here representing the City or the V.A.? 15 MR. WELLBORN: The V.A. 16 COMMISSIONER LETZ: V.A.? 17 MR. WELLBORN: Yes, sir. 18 COMMISSIONER LETZ: You've been hired by them to 19 figure out how to do this? 20 MR. WELLBORN: Yes, sir. 21 COMMISSIONER LETZ: And the City's requirement is 22 that the extension of the utilities has to be paid by the 23 V.A.? 24 MR. WELLBORN: Yes. 25 COMMISSIONER LETZ: Or by the developer? 10-15-13 55 1 MR. WELLBORN: Correct, yes, sir. 2 COMMISSIONER LETZ: Thank you. 3 COMMISSIONER BALDWIN: Are you going to make 4 another run at us? 5 MR. WELLBORN: Well, I don't know that I'll have 6 time, so we may look at other options. 7 COMMISSIONER BALDWIN: Okay. Thank you for your 8 time, sir. We're going to skip around -- start skipping 9 around because of the time issue here. Item 1.11; consider, 10 discuss, and take appropriate action on resolution to enable 11 Dietert Center to apply for grant from the Texas Department 12 of Agriculture to support Meals on Wheels in Kerr County. 13 Ms. Tina Woods. Hi, Tina. 14 MS. WOODS: Good morning. Good morning. 15 COMMISSIONER BALDWIN: Nice to see you. This is 16 something we do every year, right? 17 MS. WOODS: Yes, sir. It will -- this will be the 18 sixth year that we've applied for this grant. It's available 19 through the Texas Department of Agriculture, and part of the 20 eligibility requirement is that the county where meals are 21 provided makes a gift, contribution to the program, which 22 y'all have done again. Thank you very, very much. We really 23 appreciate that. And we also need a resolution from the 24 Court that certifies that this grant has been given from the 25 Court, and that you also approve our auditing and financial 10-15-13 56 1 procedures. 2 COMMISSIONER LETZ: I move approval of the 3 resolution. 4 COMMISSIONER OEHLER: Second. 5 COMMISSIONER BALDWIN: Where is the resolution? 6 COMMISSIONER LETZ: I haven't seen it. 7 MR. WOOD: It was in the packet. 8 COMMISSIONER LETZ: I'm sure it's the same as last 9 year. 10 MS. WOODS: It is the same. 11 COMMISSIONER BALDWIN: We have a motion to approve. 12 Is there a second? 13 COMMISSIONER OEHLER: Yes. 14 COMMISSIONER BALDWIN: There's a second, so all in 15 favor, please say "aye." 16 (The motion carried by unanimous vote.) 17 COMMISSIONER BALDWIN: There's none opposed. 18 Motion carries. Thank you, ma'am. 19 MR. WOOD: Thank you all so much. We appreciate 20 your help very, very much. 21 COMMISSIONER BALDWIN: We have another 9:30 item, 22 1.12. 23 COMMISSIONER MOSER: Thank you. 24 COMMISSIONER BALDWIN: Consider, discuss, take 25 appropriate action to select the contractor for negotiations 10-15-13 57 1 for the Kerrville South Wastewater project, Phase V. 2 Commissioner Moser. And -- 3 COMMISSIONER MOSER: I want to just use this for a 4 discussion item, not for making a decision. Real quickly, we 5 received three proposals for contractors. It's marginal on 6 bringing it in within the budget. It's a function of the 7 number of connections that we make on Quail Valley and 8 Ranchero, and that is still in work to determine exactly what 9 those the number of connections are. So, we're going to come 10 back to the Court with a request to approve the contract at 11 the next court meeting, which is the 25th of October. So, I 12 just wanted to let you know that it's in work, and I think 13 we're going to figure out how to get everything done within 14 the -- within the current budget. Okay, thank you. 15 COMMISSIONER BALDWIN: Okay, thank you very much. 16 COMMISSIONER LETZ: Commissioner, could you go back 17 to 1.11 again real quick? 18 COMMISSIONER BALDWIN: That would be a whole lot 19 like 1.11? 20 COMMISSIONER LETZ: Yes. 21 COMMISSIONER BALDWIN: We'll take up 1.11 again; 22 that's the Meals on Wheels program. 23 COMMISSIONER LETZ: My motion included 24 authorization for the County Judge to sign same. 25 COMMISSIONER OEHLER: Yes. 10-15-13 58 1 COMMISSIONER BALDWIN: And the second as well. 2 Thank you very much. Okay. According to my clock -- well, 3 it's 10 o'clock, isn't it? 4 COMMISSIONER MOSER: It is. 5 COMMISSIONER BALDWIN: We have a 10 o'clock item 6 here, 1.14, presentation from Shirley Bell and Kenny Levless 7 with MHSC Energy on how Kerr County can save money on their 8 lighting bills. Ms. Bell and Mr. Levless? Nice to see you. 9 MR. LEVLESS: Good morning. Thank you. 10 COMMISSIONER BALDWIN: Thank you. 11 MR. LEVLESS: We've got packages to hand out for 12 you. I've given you as little paper as possible. 13 COMMISSIONER BALDWIN: Thank you. 14 MR. LEVLESS: I'm sure you get enough of that all 15 day, so -- all right. 16 COMMISSIONER BALDWIN: Okay. You're going to give 17 one to the County Attorney I think, maybe? If you have an 18 extra. 19 MR. LEVLESS: Once in a while, there's technology 20 that changes, you know, the whole picture, and that's kind of 21 what's happened with LED lighting. And what we want to talk 22 to you about today is how the entire county could be -- could 23 actually upgrade their lights, and potentially even do so 24 where the savings more than pays for the project, were it for 25 even a positive cash flow or a neutral cash flow to the 10-15-13 59 1 County. And what's happened, on the right-hand side -- if 2 you don't mind, we'll just look at this first. 3 COMMISSIONER MOSER: Which one are we looking at? 4 MR. LEVLESS: On the right-hand side of your -- 5 COMMISSIONER MOSER: Picture? 6 MR. LEVLESS: Yes, sir. 7 COMMISSIONER MOSER: The pictures. 8 MR. LEVLESS: We'll look at this first, if it's all 9 right. This is actually showing some jobs that we've done, 10 or that have been done, where the lights have been switched 11 from either metal halide or sodium lights or fluorescents to 12 LED lighting. And you can see the top left picture is 13 actually a city street where the first part of the street's 14 all been converted to LED lighting, and the back half of the 15 street is still the metal halide lighting. And a couple of 16 the benefits of this, first of all, LED lighting uses so much 17 less electricity, it's an amazing change in metal halides; 18 it's over 80 percent reduction in electricity cost. So, this 19 is a huge amount of money when you figure lights that are on 20 all night long all over the city or the county. And in this 21 case too, though, you can see from the picture, the color of 22 the light is very different. It takes away a lot of the 23 shadows. It makes people feel a lot more secure. It just 24 takes a lot of the shadows away. 25 And it also does not attract bugs like fluorescent 10-15-13 60 1 lighting or incandescent lighting or metal halides, because 2 LED lighting does not create UV light, and that's what really 3 attracts bugs. I didn't believe that when I first heard it, 4 so I live in the country. I changed my front porch and back 5 porch light, and I can walk in without having to swat bugs as 6 I come in, so it actually does work. And then you can see 7 some inside pictures also. It doesn't create the radiation, 8 and radiation is -- is not good for your -- for you, being 9 inside of a building and having radiation bear down upon you. 10 Shirley has actually got an iPad; since there's just a few 11 folks, maybe she can pass that around and you can see a 12 before and after of a car dealership real quick also, 'cause 13 I think it's pretty dramatic, and it's a better picture than 14 printing pictures on paper. But just for the speed purpose, 15 we wanted to give you some. 16 The next pages right underneath that is not our 17 comparison, but actually available to the world; it's -- you 18 know, these types of comparisons are all over the internet 19 showing what some of the values of LED lighting versus 20 incandescents and fluorescents are. And the very first line 21 is very powerful, because maintenance is also a huge amount 22 of cost in lighting. And so you can see that the LED 23 lighting has an average of life of 50,000 hours, compared to 24 an incandescent bulb, which is only 1,200, and fluorescents, 25 which are 8,000. So, still, just the difference between 10-15-13 61 1 fluorescents and LED's, you're changing bulbs 14 times less. 2 That's a huge amount of money when you figure having to get 3 trucks or ladders and take people's time to just replace all 4 those. People feel a lot more secure in that lighting, of 5 course. 6 But then as you go down the page, you can see the 7 difference in wattage use. So, for example, these lights 8 here have been updated to CFL's. These are the -- looks like 9 a regular bulb, but there's a curly-cue bulb behind that, and 10 so that's -- that was a big upgrade when you went from 11 incandescents to CFL's. You go from a 60-watt light to a 13- 12 to 15-watt light, but there's still a huge improvement that 13 could be made by switching to LED's and going down to a 6- to 14 8-watt light. Also, LED's don't create the kind of heat 15 that's created by either fluorescents or incandescents. And 16 when I was first learning about the business, we actually 17 went to a seminar, and they had an incandescent, a 18 fluorescent, and an LED light on all morning, and then before 19 we went to lunch, they said, "Oh, as you go by, put your hand 20 on the LED light." I'm thinking, "Yeah somebody else is 21 going to have to do that first." But you could actually just 22 put your hand on the light and hold it there. That's the 23 temperature difference, and so air conditioning cost goes 24 down as well. So, it's an amazing difference. 25 As you go down the list there, you can see that the 10-15-13 62 1 fluorescents, as efficient as they are, compared to 2 incandescents, they do have mercury in them, and it does 3 create a hazard to the environment. And there is even a lot 4 of evidence -- and the very last page that's on that right 5 side is actually a report about a school system, and in the 6 report, they found that the lighting differences between LED 7 lights and fluorescents actually affected the children's 8 ability to retain information in different schools. And they 9 also talk in here about the difference with having radiation 10 impacting upon everybody that's underneath the fluorescent 11 lights, so there is a harm that's caused by that. So, these 12 are things that I wanted you to be able to hold and keep, and 13 there's -- I've got a ton of information, but I'm trying to 14 use as little of your time as possible, 'cause I know it's 15 always good to stay on top of it. 16 COMMISSIONER MOSER: Let me ask you a question, if 17 I may. On the -- this page -- 18 MR. LEVLESS: Yes. 19 COMMISSIONER MOSER: -- compares the three types of 20 lighting. 21 MR. LEVLESS: Mm-hmm. 22 COMMISSIONER MOSER: For the LED's compared to the 23 incandescents, which we have most of, I think, right now, so 24 it's a factor of 10 less. $32.85 per year LED's, compared to 25 $328 for incandescent bulbs. But when I look at your balance 10-15-13 63 1 sheet over here, -- 2 MR. LEVLESS: Okay. 3 COMMISSIONER MOSER: -- okay? The balance sheet 4 shows a year -- you know, a reduction from $690,000 down to 5 200,000, so it's a factor of about three or three and a half. 6 MR. LEVLESS: Yeah. 7 COMMISSIONER MOSER: So, why -- you know, it's a 8 factor of 10 when you you look at an individual element, 9 okay, individual bulb. So -- but overall -- I guess my 10 question, overall, it's only a factor of three, which is a 11 big reduction, okay. $300,000 is a lot of money. 12 MR. LEVLESS: Yes, sir. 13 COMMISSIONER MOSER: So, help me understand that. 14 MR. LEVLESS: Well, yes. And I -- the thing is -- 15 is that the standard incandescent bulb that you just screw in 16 compared to an LED bulb that just screws into a normal light 17 fixture, it's a 90 percent reduction, so that's an accurate 18 number. 19 COMMISSIONER MOSER: Yeah. 20 MR. LEVLESS: But this particular study that -- 21 that you're looking at on the left side, if we can all go to 22 the left side on the second page, then -- 23 COMMISSIONER MOSER: This picture? 24 MR. LEVLESS: Yeah. This study -- this was a huge 25 hotel. This is a Hilton Hotel in a city here in Texas, and 10-15-13 64 1 they had all kinds of lights in there already. They already 2 had a lot of the CFL's. And, remember, it's only a 50 3 percent reduction over CFL, so that's what is skewing the 4 number. And they also -- 5 COMMISSIONER MOSER: I see. 6 MR. LEVLESS: You know, this also includes changing 7 out a lot of fixtures or upgrading their fixtures. So, for 8 example, these, we wouldn't have to change anything. We 9 would just change the bulb; it's real simple. But wherever 10 you have fluorescent tubes, we have to actually disconnect 11 the ballast. You don't have to have a ballast with an LED 12 tube. And then we put in different tombstones on the ends, 13 so it's a hot current on one side, and it's just a different 14 installation. But that means that we had to buy a little bit 15 of upgrade kit for that fixture that was there. The outside 16 light, we always have to -- we can use the same poles and 17 same light, but we build new guts for the inside of it, and 18 there's a cost involved with that. 19 COMMISSIONER MOSER: I see. So, if we look at the 20 Ag Barn, for instance, where we have a lot of external 21 lighting and things like that, then this would be -- that 22 would probably be the thing that you say in here; probably 23 not effective -- cost-effective to make that LED. 24 MR. LEVLESS: No, it's cost-effective to make every 25 place LED. It -- over time. It just depends on the time. 10-15-13 65 1 COMMISSIONER MOSER: The initial investment to make 2 the modification to accommodate LED. 3 MR. LEVLESS: Right. And so if we didn't have an 4 answer for that, a lot of discussions would end there, and 5 that's really where they should begin, because we do. And so 6 what we try to do -- and if you look at the third -- the 7 third page there, there's a return on investment page, and 8 you can see that the LED lights for this particular project 9 would cost $227,000. That's not just for the lights. That's 10 for the lights, the upgrade and retrofit kits; that's for 11 everything. That's how much it's going to cost to put -- for 12 the -- for the hardware, if you will, the bulbs and the 13 hardware that's required to convert them over. And the 14 savings on the first page is 486,000 over five years. So -- 15 and then with installation, it's 273. So, on a five-year 16 decision, you're looking at $273,000 in cost, compared to 17 486,000 in savings. Plus we're not talking apples-to-apples 18 lighting. We're talking about upgrading it, making it safer, 19 much more professional looking environment. 20 It's a way to upgrade the whole look of the whole 21 city, and actually have it pay for itself, because we can use 22 government -- we have a special arrangement with Government 23 Capital, and everybody -- every county facility or city 24 facility can use Government Capital. They have very low 25 interest rates, and they have special conditions for city- 10-15-13 66 1 and county-based businesses, where they will finance you over 2 a five-year period or seven-year period, and then the whole 3 first year, you don't even make a payment. The payment for 4 the year is paid at the end of the year, so you could take 5 advantage of the LED savings for the whole first year before 6 you even make the payment, and still put it on a five-year 7 payment scale. If -- if this project for the jail or 8 wherever we looked at first, if the project would pay for 9 itself in four years, and you financed it on five years, 10 you'll actually have a positive cash flow for the whole 11 five-year period and have upgraded the whole city. This is 12 what I love about this. This is what I meant by the kind of 13 technology change, a change that makes total sense, because 14 we can upgrade and make things better and actually have a 15 positive cash flow, because the savings are so great from the 16 project that the savings will more than outweigh the cost of 17 the project. 18 COMMISSIONER LETZ: Mr. Levless, a couple things. 19 One, I agree with what you're saying. I've looked at this a 20 lot, because a friend of mine has a company that does exactly 21 what you all do. The question -- two things. One, you need 22 to visit with our -- in my mind, anyway, with our Maintenance 23 Department. They're the ones you've got to sell. I mean, 24 we'll obviously make a decision, and it's good for us to be 25 aware of it, but I think -- you know, I don't -- I personally 10-15-13 67 1 don't see us doing a county-wide change and borrowing money 2 to do it. But I do think that any new construction needs to 3 be looked at. I think maybe the jail or Ag Barn, some of our 4 facilities, that it would make sense to go ahead and -- 5 COMMISSIONER MOSER: Try one. 6 COMMISSIONER LETZ: -- and do it and see. Also, I 7 know this is fairly new of doing this, and there's a local 8 business that has converted, and I'd be interested to see -- 9 Bernhard's -- a lot of it, because of their -- it's a lot of 10 air conditioning and stuff like that. And what you're saying 11 is very accurate, I know, on how you change the fluorescents 12 and all that, 'cause they went through it all. But I'd be 13 interested to see this personally, you know, what their bills 14 do throughout -- over time, because it does work. I mean, 15 the numbers make sense. I think it's a great program, but I 16 think you got to convince our Maintenance Department first, 17 and that's Tim Bollier. And then we need to do it on a 18 smaller scale rather than county-wide. 19 COMMISSIONER MOSER: I think Commissioner Letz is 20 exactly right. I think, you know, the numbers look great, 21 okay. 22 MR. LEVLESS: Yes. 23 COMMISSIONER MOSER: But, you know, that -- that 24 given, it would be -- it would be really nice to do a pilot 25 program. 10-15-13 68 1 MR. LEVLESS: Sure. 2 COMMISSIONER MOSER: Okay, a pilot program, be it 3 the jail or be it the courthouse or be it the -- you know 4 some facility where you know what we use, okay. 5 MR. LEVLESS: Right. 6 COMMISSIONER MOSER: In electric, you know, what 7 our electric bills are there, and make a change, and come 8 back to the Court, you know, Tim -- with you and Tim, and see 9 if that makes sense. And see -- 10 MR. LEVLESS: Mm-hmm. 11 COMMISSIONER MOSER: -- see what the -- you know, 12 give it a try. 13 MR. LEVLESS: Well -- 14 COMMISSIONER MOSER: Perhaps. 15 MR. LEVLESS: Jails are an exceptional project, 16 because their lights are on a lot, and the savings are large 17 there, and so it could be a great project. Also, there are 18 four businesses that I'm aware of in town that have already 19 done some of this, and we're actually partnered, probably, 20 with the company you're talking about. And so it's the 21 A.R. -- the Alamo Bus Transit Company; we did the outside 22 there, and, you know, you can see it. The downtown parking 23 garage, the hospital. Actually, they were worried about 24 the -- one of their back parking lots was really dark. 25 People were nervous walking to their cars, so that was done 10-15-13 69 1 over a year, close to two years ago. Very -- they were very 2 happy with the project. It brought extra light that was 3 needed so people feel safe outside. And then also the 4 commission -- the Commission Center on 815 Jefferson has been 5 done as well, and so those are all projects that you could 6 look at. 7 And I guess the other point -- and I would look 8 forward to doing any business here that you would like us to 9 look at, but one of the things about this technology, once 10 you do decide, I mean, any money, since we're talking about 11 energy savings paying for the whole project, whenever this 12 project is done, I mean, that immediately goes to work in 13 your favor. But while we wait, also, the money that's paid 14 for electricity is really going to nowhere except to keep the 15 light on, and not to an upgrade. So, we would love to be 16 involved with y'all in that. 17 COMMISSIONER OEHLER: One other thing, though, that 18 might be a concern to some of our newly moving in residents 19 that I've been made aware of is the brightness of the light. 20 They call it light pollution now. This appears to be 21 brighter than the other street -- the amber street lights, 22 and so you're going to catch some flak from that if you use 23 that on the outside in a lot of areas. 24 MR. LEVLESS: Yeah. 25 COMMISSIONER OEHLER: 'Cause I have already been 10-15-13 70 1 down that road with some people in my area that don't like 2 these bright lights on these hillsides. 3 COMMISSIONER MOSER: In the country. 4 COMMISSIONER OEHLER: And that is very nice to have 5 that maybe inside the city, but you're also -- there's going 6 to be some flak to be had from those who are wishing to dim 7 things down. 8 MR. LEVLESS: Well, the beautiful thing about LED's 9 is we can adjust the color to whatever color you want. 10 COMMISSIONER OEHLER: Okay. 11 MR. LEVLESS: So that we can do lumen meter 12 assessments of what you have now, and we can make the lumen 13 meter the same, slightly more, or way more; it's your choice. 14 It's very -- we can manipulate that by the diffusers that we 15 use. 16 COMMISSIONER OEHLER: That could make a difference. 17 That would be a positive thing. 18 COMMISSIONER MOSER: One more question. You have 19 the $600,000 -- current expense of 691,000. 20 MR. LEVLESS: Yes, sir. 21 COMMISSIONER MOSER: Where did you get that from? 22 MR. LEVLESS: Okay. And it's all mathematical, the 23 way we do this. 24 COMMISSIONER MOSER: Since you've got it down to 25 the nearest penny, I'm sure it is. 10-15-13 71 1 MR. LEVLESS: And this is how we do it. If the -- 2 if the data that we collect is correct, then the math is 3 perfect, and there's three factors. 4 COMMISSIONER MOSER: So, where do you get the data? 5 MR. LEVLESS: So that -- let me tell you the three 6 things. There's three factors. One is, we actually go 7 through and count every bulb, and -- and the wattage that 8 that bulb draws, so we -- we look and see what's there. If 9 there's 13 watts, there's three per fixture, we write each 10 one down so we know what -- and then we ask, "How many hours 11 a day are these fixtures on?" So we know, in every day, how 12 much wattage you're using. And then -- 13 COMMISSIONER MOSER: Time out. You did that for 14 the entire county? 15 MR. LEVLESS: We did that for the entire -- 16 COMMISSIONER OEHLER: Hotel. 17 MR. LEVLESS: This is a -- this is a hotel. 18 COMMISSIONER MOSER: Oh, the $690,000? 19 MR. LEVLESS: That's just -- 20 COMMISSIONER OEHLER: That's not us. 21 COMMISSIONER MOSER: That's not us; that's a hotel. 22 MR. LEVLESS: No, that's not you. We would have to 23 have some kind of agreement before we'd spend that kind of 24 resources on -- 25 COMMISSIONER MOSER: I hope so. 10-15-13 72 1 MR. LEVLESS: But on this particular case. 2 COMMISSIONER MOSER: Okay. 3 MR. LEVLESS: And then the other factor we plug in 4 is what you're paying per kilowatt hour. 5 COMMISSIONER MOSER: Got you. You answered my 6 questions. 7 MR. LEVLESS: Okay, thank you. 8 COMMISSIONER MOSER: Okay, got it. 9 MR. LEVLESS: All right. Well, thank you very 10 much. 11 COMMISSIONER BALDWIN: You're going to find the 12 Maintenance guy and visit with him, and then you're coming 13 back at some point? 14 MR. LEVLESS: That sounds great. 15 COMMISSIONER BALDWIN: Thank you for your time. 16 MR. LEVLESS: Thank you. 17 COMMISSIONER MOSER: Thank you very much. Very 18 interesting. 19 JUDGE TINLEY: We have a timed item at 10:15. 20 1.15; consider, discuss, take appropriate action on request 21 from Hill Country CARES to be added to the nonprofit list for 22 use of the Hill Country Youth Event Center in order to 23 receive a reduced rate on rental fees. Suzanne Tomerlin. 24 Hi, Ms. Tomerlin. 25 MS. TOMERLIN: Morning. 10-15-13 73 1 COMMISSIONER BALDWIN: Nice to see you. 2 MS. TOMERLIN: We are trying to expand and 3 diversify our fundraising efforts, and this is the first time 4 we've considered that venue. We have a proposed -- here's 5 our letter of eligibility. By the way, we have a proposed 6 event that hopefully would become annual. I have a little 7 synopsis of it if you're interested. 8 COMMISSIONER OEHLER: Yes, I'm interested. 9 MS. TOMERLIN: Okay, yeah. There you go, there's 10 some copies. 11 COMMISSIONER MOSER: Is CARES an acronym, or is 12 CARES -- 13 MS. TOMERLIN: No. 14 COMMISSIONER MOSER: -- a word? 15 MS. TOMERLIN: Formerly -- it's a word. Formerly, 16 we were the Hill Country Crisis Council. They changed the 17 name three or four years ago; I'm not sure why. I think it 18 was a bad move. That's another thing we fight against, is 19 getting that word out there about who we are. No, that's not 20 an acronym. If it is, I've never heard what it stands for, 21 but I'm going to go with the fact that it's not. 22 COMMISSIONER MOSER: Okay. 23 MS. TOMERLIN: Because I don't know if it is. So, 24 this is something that would be very different from what we 25 normally do, and it would be in conjunction with a very large 10-15-13 74 1 and national organization, BACA, Bikers Against Child Abuse. 2 And they're very supportive in the cause all over the 3 country. They show up oftentimes for child abuse trials. 4 They've been here before for major trials, just come support 5 the family, show up at the courthouse. Very neat 6 organization, but with them they bring a lot of people. I'm 7 not in favor of the noise of that, but yet we need to make 8 some noise. And so we've -- I've gotten -- enlisted the help 9 of every chapter in Texas, and like it says, a couple in 10 Oklahoma and New Mexico, and it would mean, you know, large 11 blocks of hotel rooms. And this is the proposed plan, 12 anyway. So, I talked to Jody, and that date was available; 13 she penciled us in. But with funding right now, it's 14 difficult to even come up with a deposit. We're just 15 struggling so hard right now. I mean, most nonprofits are, 16 and there's so many great nonprofits in this town. You know, 17 you're competing for the same funds from the same 18 foundations, and applying for the same grants with a lot of 19 wonderful organizations. So -- 20 COMMISSIONER MOSER: So, the request is to be added 21 to the nonprofit list? 22 MS. TOMERLIN: Yes, sir. 23 COMMISSIONER MOSER: Let me ask the County 24 Attorney. So, if they're a nonprofit, they're a nonprofit, 25 right? Why do we have to -- do we have a list that we 10-15-13 75 1 approve to be -- 2 MS. TOMERLIN: Yes. 3 COMMISSIONER MOSER: So it's -- some nonprofits we 4 approve, some nonprofits we don't? 5 COMMISSIONER OEHLER: Some have never made the 6 request. 7 COMMISSIONER BALDWIN: 501(c)(3). 8 MS. GRINSTEAD: 501(c)(3). Those are the ones that 9 in the past we have approved, but this is more of a 10 formality, because it's got to be approved by you for me to 11 give her the reduced rate. They have to prove they're a 12 501(c)(3). That's the policy. 13 COMMISSIONER BALDWIN: Can you prove that you're a 14 501(c)(3)? 15 MS. TOMERLIN: Here is our letter of eligibility. 16 I believe it's just a formality. 17 COMMISSIONER OEHLER: How many people do you expect 18 to come to this? 19 MS. TOMERLIN: Oh, my goodness. You know, I can't 20 forecast. I'm hoping -- 21 COMMISSIONER OEHLER: Give me a low number and high 22 number. 23 MS. TOMERLIN: I -- you know, anywhere from, 24 depending on how we get the word out, 500 to a couple of 25 thousand. And it would be an all-day event. 10-15-13 76 1 COMMISSIONER LETZ: I don't see any problem with 2 it. I mean -- 3 COMMISSIONER OEHLER: I don't have a problem at 4 all. 5 COMMISSIONER LETZ: I'll -- 6 COMMISSIONER BALDWIN: Entertain a motion. 7 COMMISSIONER LETZ: -- move approval to add Hill 8 Country CARES to the nonprofit list, as soon as we -- 9 COMMISSIONER OEHLER: Second. 10 COMMISSIONER BALDWIN: There's a second. 11 COMMISSIONER LETZ: -- get the 501(c)(3) documents. 12 COMMISSIONER OEHLER: Any positive thing that will 13 increase the number of people coming to town, and use that 14 center that has been advocated that it's just not used very 15 much. 16 MS. TOMERLIN: And it's wonderful with the new 17 additions. It's -- okay. 18 COMMISSIONER MOSER: So the real issue is, you 19 provided us from the Internal Revenue Service that you're a 20 501(c)(3)? 21 MS. TOMERLIN: Yes. 22 COMMISSIONER MOSER: Okay, got it. 23 MS. TOMERLIN: Yes. 24 COMMISSIONER MOSER: Good. 25 MS. TOMERLIN: That's it? Thank you. That was 10-15-13 77 1 approved, then? 2 COMMISSIONER LETZ: Well, we have to vote. 3 COMMISSIONER BALDWIN: Not yet. 4 MS. TOMERLIN: No, not yet? 5 COMMISSIONER BALDWIN: We have a motion and a 6 second. All in favor, say "aye." 7 (The motion carried by unanimous vote.) 8 COMMISSIONER BALDWIN: None opposed. Motion 9 carries. 10 MS. TOMERLIN: Thank you, sir. 11 COMMISSIONER LETZ: Now it's approved. 12 COMMISSIONER MOSER: Thank you. 13 MS. TOMERLIN: Thank you. 14 COMMISSIONER BALDWIN: Let's see. We skipped 15 something back there we can pick up right quick. If we put 16 Hierholzer on, my god, that's supper. 17 SHERIFF HIERHOLZER: Shortest one you've had today. 18 COMMISSIONER BALDWIN: Is that a short one? Let's 19 call 1.9; consider discuss take appropriate action to approve 20 first amendment to the agreement for inmate health care 21 services and allow County Judge to sign the same. The 22 Honorable Sheriff W.R. Hierholzer. 23 SHERIFF HIERHOLZER: This was already put in the 24 budget. This was their proposal during the budget process. 25 It has been looked at and reviewed by the County Attorney, 10-15-13 78 1 and I would just request that the Judge be able to sign it so 2 that they can go on with their business. 3 COMMISSIONER BALDWIN: Is there a motion? 4 COMMISSIONER LETZ: So moved. 5 COMMISSIONER BALDWIN: Second? I'll second it. 6 Any further discussion? 7 COMMISSIONER MOSER: I've got a question. This is 8 the amount that was put in the budget? 9 SHERIFF HIERHOLZER: Yes. 10 COMMISSIONER MOSER: 'Cause when you break that 11 down, that's -- that's like $6,000 per month per LVN, so -- 12 SHERIFF HIERHOLZER: You also -- 13 COMMISSIONER MOSER: -- $72,000 per LVN, I guess, 14 for this. That seems high. But, anyway, that's the contract 15 that you have with that company, and it's in the budget, 16 so -- 17 SHERIFF HIERHOLZER: Yeah, it's in the budget. It 18 also covers the doctor and psychiatrist. That's also added. 19 Now, there is that part with their roll-ups, just -- just the 20 LVN, I think. I don't know what the roll-up is. 21 COMMISSIONER OEHLER: More than one LVN. 22 SHERIFF HIERHOLZER: Yes. 23 COMMISSIONER MOSER: Oh, yeah, it's around the 24 clock. I did the numbers. 25 COMMISSIONER BALDWIN: Any further discussion? All 10-15-13 79 1 in favor, say "aye." 2 (The motion carried by unanimous vote.) 3 COMMISSIONER BALDWIN: It passes. Thank you. 4 Jannett, are we -- can you do it? Is this a long-term 5 conversation? 6 MS. PIEPER: No. You make a motion, and it'll go 7 real quick. 8 COMMISSIONER BALDWIN: 1.10, consider, discuss, 9 take appropriate action to approve the hiring of a deputy 10 clerk in the County Clerk's office. Clerk Pieper. 11 MS. PIEPER: With the elimination of the Compliance 12 Department, I moved one of my deputies into that position, so 13 I have a position open for a 15.1 that I want to replace. 14 COMMISSIONER MOSER: Somebody left in the 15 Compliance? Is that what you're saying? 16 MS. PIEPER: Yes. When y'all eliminated the 17 Compliance Department, and so -- and gave me the Compliance 18 Department within my office, I moved one of my deputies into 19 that position, so now I have a vacant spot. 20 COMMISSIONER MOSER: So, we had two people in 21 there? 22 MS. PIEPER: Yes. 23 COMMISSIONER MOSER: So, did we -- are they still 24 here? 25 MS. PIEPER: I think -- 10-15-13 80 1 COMMISSIONER MOSER: We had two people? 2 MS. PIEPER: One of them, I believe, is still here. 3 COMMISSIONER MOSER: And one is not? 4 MS. PIEPER: And one is not. 5 COMMISSIONER MOSER: Okay, that's the thing I 6 didn't understand. So, one is not here. 7 MS. PIEPER: Correct. 8 COMMISSIONER MOSER: So, you're filling that 9 vacancy for one of your -- got you. 10 MS. PIEPER: So I filled one from within, and now I 11 need to interview to fill a deputy spot. 12 COMMISSIONER MOSER: Okay. 13 MS. PIEPER: At a 15.1. 14 COMMISSIONER MOSER: Okay. Who left in the -- 15 MS. PIEPER: I don't know what her name was. 16 COMMISSIONER MOSER: Okay. But, anyway -- 17 MS. LANTZ: That was a part-time position that was 18 filled in that office, so that was a part-timer -- 19 COMMISSIONER MOSER: Okay. 20 MS. LANTZ: -- that left. 21 COMMISSIONER MOSER: But we're filling it with a 22 full-timer now? 23 MS. LANTZ: Yes. 24 MS. PIEPER: Yes. 25 COMMISSIONER LETZ: The workload in your office is 10-15-13 81 1 such that you need that position filled? 2 MS. PIEPER: Yes. 3 COMMISSIONER LETZ: And all your people are all 4 deputies already? Is this for a deputy, or just a -- 5 MS. PIEPER: It's a deputy. 6 COMMISSIONER OEHLER: This money was already in the 7 budget? 8 MS. PIEPER: Yes, it's already budgeted, so there's 9 no impact on my budget. 10 COMMISSIONER OEHLER: It wasn't a part-time? 11 MS. LANTZ: No. What originally happened, the 12 full-time position in Court Compliance, they left, and the 13 Court allowed a part-time to come in and help run that 14 office. 15 COMMISSIONER MOSER: Okay. 16 MS. LANTZ: Then during budget, that was split to 17 two full-time positions, one -- one to go to the Clerk, and 18 one to go to the District Clerk. 19 COMMISSIONER MOSER: Okay. So, it's consistent 20 with the budget? 21 MS. PIEPER: Yes. 22 MS. LANTZ: What Jannett has done is, she's 23 in-house filled that Court Compliance position in her office, 24 which left another position open as a deputy clerk. 25 COMMISSIONER MOSER: Okay. 10-15-13 82 1 MS. LANTZ: So she's asking the Court to fill that. 2 COMMISSIONER BALDWIN: And this deputy clerk slot 3 is a 15.1? 4 MS. PIEPER: Correct. 5 COMMISSIONER BALDWIN: In the budget? 6 COMMISSIONER OEHLER: I move approval of the 7 request. 8 COMMISSIONER BALDWIN: I have a motion is there a 9 second? 10 COMMISSIONER MOSER: Second. 11 COMMISSIONER BALDWIN: Any further discussion? All 12 in favor, say "aye." 13 (The motion carried by unanimous vote.) 14 COMMISSIONER BALDWIN: None opposed. Motion 15 carries. Thank you, ma'am. 16 MS. PIEPER: Thank you. 17 COMMISSIONER BALDWIN: Okay, boys and girls. Let's 18 see, 10:30? No, not yet. 19 COMMISSIONER MOSER: 1.13. 20 MR. HENNEKE: 1.13 should be short, Commissioner. 21 COMMISSIONER BALDWIN: Yeah. Item 1.13; consider, 22 discuss, take appropriate action to approve contract with 23 Center Point Volunteer Fire Department; Comfort, Hunt, Tierra 24 Linda, Elm Pass, Turtle Creek, Mountain Home Volunteer Fire 25 Departments, as well as K'Star, Families and Literacy, Inc., 10-15-13 83 1 Dietert Center, Kerr Economic Development Corporation, and 2 allow the County Judge to sign same. 3 COMMISSIONER LETZ: Move approval. 4 COMMISSIONER OEHLER: Second. 5 COMMISSIONER BALDWIN: I have a motion and a 6 second. Any discussion? All in favor, say "aye." 7 (The motion carried by unanimous vote.) 8 COMMISSIONER BALDWIN: Motion carries. 9 COMMISSIONER MOSER: I have one question, if I 10 might. Why are all these lumped together for approval? Is 11 it just the fact -- the formality of these agreements that 12 we've had? 13 COMMISSIONER LETZ: They've come in. 14 COMMISSIONER MOSER: Okay. 15 COMMISSIONER LETZ: They have to sign them and 16 bring them to us after they're executed. 17 COMMISSIONER MOSER: So we just take them all in 18 one swipe? Got you. 19 COMMISSIONER LETZ: There will probably be another 20 time, maybe a few that we missed. 21 COMMISSIONER OEHLER: That didn't get in the mix. 22 COMMISSIONER MOSER: Okay, thank you. 23 COMMISSIONER BALDWIN: Mr. Oehler, do you want to 24 do the oil tank -- 25 COMMISSIONER OEHLER: Sure. 10-15-13 84 1 COMMISSIONER BALDWIN: -- thing? Item 1.16; 2 consider, discuss, and take appropriate action regarding 3 disposal of the old oil tank on Mountain Home Volunteer Fire 4 Department property. Commissioner Oehler? 5 COMMISSIONER OEHLER: I checked on this. I was 6 approached by some people that would like to have that tank, 7 and we put it on GovDeals. We declared it surplus quite a 8 while ago, and we got one bid, from what Road and Bridge 9 tells me. That bid was $172, and the person that made that 10 bid defaulted on that, or did not take the tank after all. 11 So, we still have the tank, and we need to get rid of it. 12 COMMISSIONER MOSER: Is it county property? 13 COMMISSIONER OEHLER: We got from it TexDOT years 14 ago. It's still on a piece of property they gave to the 15 County. 16 COMMISSIONER MOSER: Okay, got you. 17 COMMISSIONER OEHLER: And it's nothing we can use. 18 It is junk. It costs a lot to move it. And so, County 19 Attorney, what would you suggest? 20 MR. HENNEKE: Well, it's -- it's trash. It's 21 not -- from what you advise me, Commissioner Oehler, it's no 22 longer suitable for its intended purpose, no ability to 23 function. It's not something that we need to surplus and 24 sell. It's garbage, and so the County -- you know, we don't 25 have to competitively sell it; we don't have to surplus it. 10-15-13 85 1 We just need to junk it. And the Court could authorize Road 2 and Bridge to proceed forward to dispose of it at the least 3 possible cost. 4 COMMISSIONER MOSER: Is it a steel tank? 5 COMMISSIONER OEHLER: Stainless steel. 6 COMMISSIONER MOSER: Wow. 7 COMMISSIONER OEHLER: Would you like it? 8 COMMISSIONER MOSER: No. But I'm just saying, 9 salvage value is a lot more than $172. 10 COMMISSIONER OEHLER: You don't know everything 11 about it. 12 COMMISSIONER MOSER: Okay. I won't ask. 13 COMMISSIONER LETZ: So, I'll make a motion that we 14 authorize Road and Bridge to determine a way to get rid of it 15 at the least cost to the County. 16 COMMISSIONER OEHLER: Second. 17 COMMISSIONER BALDWIN: We have a motion and a 18 second -- 19 COMMISSIONER OEHLER: We've been trying to do this 20 for years. 21 COMMISSIONER BALDWIN: -- to authorize Road and 22 Bridge Department to get rid of the thing. 23 COMMISSIONER OEHLER: It's also up in the air. 24 Everything has to be cleaned up and taken down to the ground 25 and hauled away. 10-15-13 86 1 COMMISSIONER MOSER: Yeah. 2 COMMISSIONER OEHLER: It's not like it's free. 3 COMMISSIONER BALDWIN: Any further discussion? 4 Jody, would you want to get in on this? 5 MS. GRINSTEAD: I'm good, thank you. 6 COMMISSIONER BALDWIN: All in favor, say "aye." 7 (The motion carried by unanimous vote.) 8 COMMISSIONER BALDWIN: Motion carries. So, that 9 one's out of the way. I think it's 10:30. Item 1.17; 10 consider, discuss, take appropriate action to approve and 11 execute engagement letter with Burns, Anderson, Jury and 12 Brenner, L.L.P. County Attorney, Mr. Henneke, is going to 13 carry the water on this issue. Thank you, sir. 14 MR. HENNEKE: Gentlemen, this is the engagement 15 letter with the firm that was selected by the Court to assist 16 with the RFP for EMS service. Mr. Campbell with the law firm 17 is here. This first step is to approve the engagement 18 letter, which was consistent with their proposal, to formally 19 retain that firm. And then later on in the agenda, we have 20 an executive session item to visit with Mr. Campbell on the 21 substance of the issue. So, this is Ken Campbell; he's here, 22 and if y'all will hire him, we can get to work later in the 23 agenda. 24 COMMISSIONER OEHLER: So, this is the 25 recommendation of the committee that was formed, you and 10-15-13 87 1 Judge Tinley and -- 2 COMMISSIONER BALDWIN: Correct. Me. 3 COMMISSIONER OEHLER: -- and Baldwin? 4 COMMISSIONER BALDWIN: That's right. 5 MR. HENNEKE: And it was approved by the Court. 6 They brought it -- 7 COMMISSIONER BALDWIN: We ran it through the Court 8 two meetings ago. 9 COMMISSIONER OEHLER: So, what you're asking for -- 10 MR. HENNEKE: Is to approve the engagement letter, 11 to formally hire the firm pursuant to the proposal that has 12 already been approved by the Court. 13 COMMISSIONER LETZ: Mr. County Attorney, my only 14 question is, there's not a maximum in the engagement letter 15 of what the fee could cost, and normally we put a 16 not-to-exceed number in there. Is that appropriate to add 17 that in here? Or -- 18 MR. HENNEKE: Well, it's an hourly rate with 19 Mr. Campbell's firm. 20 COMMISSIONER LETZ: Right. 21 MR. HENNEKE: And -- 22 COMMISSIONER LETZ: What's budgeted for it, I 23 guess, is my question. Or how are we going to do it? 24 Professional services? It seems like we ought to put a limit 25 to it. 10-15-13 88 1 COMMISSIONER MOSER: I agree. 2 COMMISSIONER LETZ: You know, if -- if we have some 3 sort of an idea of what -- you know, I don't want to be too 4 restrictive. We've got to get the job done, but at the same 5 time, I don't want to get a $50,000 bill. 6 MR. HENNEKE: Well, we -- I mean, it's not 7 something that was brought up before. I don't want to put 8 Mr. Campbell on the spot on it, but, I mean, it's a monthly 9 billing, and we'll get monthly statements. And -- 10 COMMISSIONER MOSER: That's the burn rate. 11 MR. HENNEKE: What's that? 12 COMMISSIONER MOSER: That's the burn rate. So, 13 what Commissioner Letz is asking, what's the not-to-exceed? 14 I agree. 15 MR. HENNEKE: Whatever you gentlemen want to set. 16 COMMISSIONER LETZ: How about 5,000 to get going? 17 And then if we need to do more -- or 10,000, you know, 18 whatever is reasonable. Then if we get close to that amount, 19 we can come back and discuss it. 20 MR. CAMPBELL: Hi, I'm Ken Campbell. 21 COMMISSIONER BALDWIN: Hi, Mr. Campbell. 22 MR. CAMPBELL: How are y'all? I do thank you for 23 having me come down. I think we can probably put some sort 24 of cap on it. It depends on how much work we have to do. 25 And at 195 -- let's just say $200 an hour, so that's -- five 10-15-13 89 1 hours is $1,000. I think it's probably going to take about 2 20 to 25 hours work, depending on if I have to come back down 3 here very often. Of course, I've got to make sure we're 4 getting the same level of service that we currently have now 5 or better. 6 COMMISSIONER LETZ: Right. 7 MR. CAMPBELL: And make sure the proposal is 8 crafted -- but I don't anticipate it being more than about 9 five or six at this point. I will come back to you if it's 10 more. If you want to put a cap on it, I'm certainly fine 11 with doing that. 12 COMMISSIONER LETZ: How about -- 13 MR. HENNEKE: 7,500? 14 COMMISSIONER LETZ: What did you say? 15 COMMISSIONER MOSER: So, five or six hours, do you 16 think? 17 MR. CAMPBELL: No. No, 20 to 25 hours, probably. 18 COMMISSIONER MOSER: 20 hours. 19 MR. CAMPBELL: It may take a week; it may take a 20 month, but -- 21 COMMISSIONER LETZ: I'll make a motion to approve 22 the engagement letter with Burns, Anderson, Jury and Brenner, 23 L.L.P., and include a cap on expenditures not to exceed 24 $7,500. 25 COMMISSIONER OEHLER: Second. 10-15-13 90 1 COMMISSIONER BALDWIN: That got a motion and 2 second. Further discussion? All in favor, say "aye." 3 (The motion carried by unanimous vote.) 4 COMMISSIONER BALDWIN: Passes. Okay, we're going 5 to take care -- Mr. Campbell, don't run off too far, 'cause 6 we're fixing to get right back to you, but it'll take a 7 couple of minutes. 8 MR. CAMPBELL: And that's fine. I'm just amending 9 the letter here. 10 COMMISSIONER BALDWIN: We'll go to Item 1.20; 11 consider, discuss, and take appropriate action for 12 authorization to maintain T.C.D.R.S. plan provisions for plan 13 year 2014 and allow County Judge to sign the same. 14 Ms. Lantz? 15 MS. LANTZ: This is a process we do yearly about 16 our retirement plans. We did discuss this in the budget 17 process. Our rate will be 12.04, and we opted not to do a 18 COLA. So, with the insurance and the rate requirement, we're 19 going to be at 12.31, so it's 12.04, our renewal rate. 20 COMMISSIONER MOSER: Which one are we on, 20 or 21? 21 COMMISSIONER BALDWIN: 20. Dadgumit, I had a 22 question about that. 23 COMMISSIONER LETZ: Did anything change? He was 24 talking to me; I couldn't hear everything you said. 25 COMMISSIONER OEHLER: Oh, get off of it. 10-15-13 91 1 MS. LANTZ: During the budget process, we did -- 2 Commissioner Moser inquired about COLA, and that would have 3 been the only thing that would have changed in this proposal. 4 Our rates did go up. Our current rate is 11.64, with our 5 insurance at 12 percent. It's going to 12.04, and our 6 insurance is going to 27 percent, so we did have an increase. 7 And that was a budgeted item. Jeannie has the figures. That 8 was budgeted during -- 9 COMMISSIONER LETZ: But all these changes 10 financially are in the budget, correct? 11 MS. LANTZ: Correct. 12 COMMISSIONER MOSER: So, then, this one is still 13 zero percent C.P.I. based on COLAs. 14 MS. LANTZ: Correct, because we did not adopt a 15 COLA increase during budget. 16 COMMISSIONER MOSER: Okay. Okay. So, this -- so 17 this is consistent with the budget. 18 MS. LANTZ: Yes. 19 COMMISSIONER MOSER: I move approval, and authorize 20 County Judge to sign same. 21 COMMISSIONER MOSER: Second. 22 COMMISSIONER BALDWIN: We have a motion and second. 23 Any further discussion? All in favor, say "aye." 24 (The motion carried by unanimous vote.) 25 COMMISSIONER BALDWIN: Motion carries. Thank you. 10-15-13 92 1 Is that the only one you had? 2 MS. LANTZ: Mm-hmm. 3 COMMISSIONER BALDWIN: Okay. 4 COMMISSIONER LETZ: We need a break. 5 COMMISSIONER BALDWIN: Let's see, where is that 6 one? 7 COMMISSIONER LETZ: It's not time yet. 8 COMMISSIONER OEHLER: Too early for that. 9 COMMISSIONER LETZ: Too early. Can't do it. Why 10 don't we take a quick break? 11 COMMISSIONER BALDWIN: Yeah, we'll take a quick 12 break. Be back in about -- let's just do about 10 minutes, 13 though. 14 (Recess taken from 10:37 a.m. to 10:50 a.m.) 15 - - - - - - - - - - 16 COMMISSIONER BALDWIN: So, Commissioners Court is 17 coming back into session, just in time -- let's see. It 18 looks like it's 10:50, just in time to go into executive 19 session. So, I'm going to recess the Commissioners Court and 20 go into executive session at this time to call Item 1.18; 21 consider, discuss, take appropriate action regarding Request 22 for Proposal for Kerr County Emergency Medical Services, as 23 well as consider discuss, and take appropriate action to 24 consider lease on River Star Arts and Event Park; that's Item 25 1.26, as well as 1.27; consider, discuss, take appropriate 10-15-13 93 1 action, including conferring with County Attorney regarding 2 Teal Trading and Development, L.P., vs. Champee Springs 3 Ranches Property Owners Association, Cause Number 4 04-12-00623-CV, in the Court of Appeals for the Fourth 5 District of Texas, San Antonio. So, we're now -- we've 6 recessed the Commissioners Court, and we're in executive 7 session. 8 (The open session was closed at 10:50 a.m., and an executive session was held, the transcript of which 9 is contained in a separate document.) 10 - - - - - - - - - - 11 COMMISSIONER BALDWIN: Commissioners Court is 12 coming back into session. Is there any action that needs to 13 be taken from Item 1.18? Hearing none, we'll go to 1.19; 14 consider, discuss, take appropriate action to ratify and 15 confirm contract between the Office of Court Administration 16 and Kerr County for -- for the Presiding Judges Assistance 17 Project. Okay, there's the Auditor. Do you did you have 18 some comments to make on this? 19 MS. HARGIS: This is in preparation for the 20 Indigent Defense Grant. They have to prepare their -- their 21 contract and their program, and -- 22 COMMISSIONER BALDWIN: We've been doing it for a 23 number of years. Y'all want to do it or not? 24 COMMISSIONER MOSER: Is that in the budget? Is 25 that what you just said? What did you -- I couldn't 10-15-13 94 1 understand what you said, Jeannie. 2 MS. HARGIS: If we're on 19, it's the contract 3 between the Office of Court Administration and Kerr County 4 for the Presiding Judges Assistance Project. We've done it 5 before, and this is in preparation for the Indigent Defense 6 Grant. 7 COMMISSIONER BALDWIN: And I'm seeing on here, it's 8 under Judge Tinley's name, so I'm assuming that he's 9 recommending it. 10 MS. GRINSTEAD: He's already actually signed it. 11 (Laughter.) 12 COMMISSIONER BALDWIN: I move for approval. I have 13 a motion. Is there a second? 14 COMMISSIONER OEHLER: Second. 15 COMMISSIONER BALDWIN: And second. All in favor, 16 say "aye." 17 (The motion carried by unanimous vote.) 18 COMMISSIONER BALDWIN: Motion carries. 19 COMMISSIONER LETZ: And Judge Ables signed it also. 20 COMMISSIONER BALDWIN: Yeah, I bet he does. Item 21 1.21 -- we're going back to the two timed items that I 22 missed; I'm sorry. Item Number 1.21; consider, discuss, take 23 appropriate action on request from Kerr County Fair 24 Association to use River Star Arts and Events Park for the 25 Kerr County Fair. Mr. Parker? 10-15-13 95 1 MR. PARKER: Yes, sir. 2 COMMISSIONER BALDWIN: Step up there and speak your 3 piece. 4 MR. PARKER: Good morning. How are y'all doing? 5 COMMISSIONER OEHLER: Good. 6 MR. PARKER: Thank you for allowing me to come 7 here. I am Chad Parker with Kerr County Fair Association. 8 I've been on the board for many years with them. We've heard 9 that the River Star Arts and Events Center park area may be 10 coming back to the county. With that, we're here asking to 11 be able to use that during our fair this year, if we can. If 12 not, I want to put our name in the hat for next year and 13 previous years, so that we can maybe expand some of our 14 venues. I'd like to have the cook-off over there, and then 15 put some of our outdoor vendors over out there. That would 16 give us some more room and just help us expand what we have 17 going, try to keep this fair growing. 18 COMMISSIONER LETZ: I believe the -- I've talked to 19 Rob quite a bit about that facility, and I do not believe 20 you're going to be able to do it this year. I haven't asked 21 a specific question, but in future years, I think -- I 22 anticipate that we will be getting that facility back, and we 23 would love to have you expand over there. At least I would 24 love to have you expand in future years. 25 MR. PARKER: Okay. 10-15-13 96 1 COMMISSIONER LETZ: But this year, it's just a -- 2 with the timing of how quick the fair is coming along, and 3 considering that we'll have to go through some sort of, 4 perhaps, trustee to get approval probably to do that, it's -- 5 it looks -- 6 MR. PARKER: That's what I figured, but I thought 7 I'd step in and just see how far along y'all were. 8 COMMISSIONER LETZ: We're trying to gain more 9 access, but we're just not quite there yet, I'm afraid. 10 COMMISSIONER BALDWIN: I don't think we know how 11 far we are yet. 12 COMMISSIONER MOSER: We don't know what we don't 13 know. 14 MR. PARKER: Well, that's all right. We appreciate 15 your time. Y'all have a good afternoon. 16 COMMISSIONER BALDWIN: Thank you, sir. Thank you 17 very much. Sorry it took so long. 18 MR. PARKER: That's okay. 19 COMMISSIONER LETZ: Next year, I think you're 20 penciled in. 21 COMMISSIONER BALDWIN: 1.22; consider, discuss, 22 take appropriate, on request from the Kerr County Market Days 23 Association for use of courthouse grounds for 2014. 24 Ms. Anderson? 25 MS. ANDERSON: Good morning. 10-15-13 97 1 COMMISSIONER OEHLER: Good morning. 2 COMMISSIONER LETZ: Good morning. 3 COMMISSIONER OEHLER: Finally. 4 MS. ANDERSON: Thank you for your time this 5 morning. This is the 13th time that I have come here -- 6 COMMISSIONER BALDWIN: Golly. 7 MS. ANDERSON: -- to ask for your approval to 8 conduct Kerr County Market Days here at the courthouse. Hard 9 to believe it's been that long. 10 COMMISSIONER BALDWIN: It's amazing. 11 MS. ANDERSON: But we're having fun, so I guess 12 times go quickly. We've been pretty static for the last 13 couple years, not many changes. We had, a few years ago, 14 added a March date to our schedule. The first year, it was 15 really good. Since then, it's kind of tapered off for that 16 March event, and the weather has just been a real challenge 17 that last weekend in March. So, really, the only change 18 we're looking at for 2014 is to delete the March date from 19 the calendar, and make our first event at the end of April. 20 COMMISSIONER MOSER: So, how many events would 21 there be? 22 MS. ANDERSON: We'll run each month, April through 23 December. 24 COMMISSIONER MOSER: Okay. 25 MS. ANDERSON: With August off because of the heat. 10-15-13 98 1 COMMISSIONER MOSER: Mm-hmm. 2 MS. ANDERSON: We have been averaging about 85 3 vendors a market for the last several years. That March 4 number was low; we ran about 60. I think when we dropped 5 that, we went back to an average of about 75 per market, and 6 right at about 100 with our big markets Memorial Day, 7 Thanksgiving, and Christmas. Not really a whole lot to add, 8 I don't think. You're all pretty familiar with what we do 9 here. We are working with the Historic Downtown Business 10 Association to try to develop some events. We do have now 11 some regular crafters who demonstrate their crafts at just 12 about every market. People really enjoy that. And, as 13 always, we stand firm on our original vision of the market as 14 all homemade, homegrown. And we thank you for the years 15 you've allowed us to be here. It's a perfect setting. 16 Special thanks to Tim and his crew for always having the 17 grounds so nice for us. And despite this being the 13th 18 time, 13th season, we hope we can have your approval to go 19 forward next year. 20 COMMISSIONER MOSER: I move for approval, that we 21 allow the Kerr County Market Days Association to use the 22 courthouse grounds for 2014, and for the dates so specified. 23 COMMISSIONER LETZ: Second. 24 COMMISSIONER BALDWIN: Motion and second. All in 25 favor, raise your right hand. 10-15-13 99 1 (The motion carried by unanimous vote.) 2 COMMISSIONER BALDWIN: Motion passes. Thank you 3 very much. 4 MS. ANDERSON: Thank you. 5 COMMISSIONER BALDWIN: 13 years. 6 MS. ANDERSON: 13 years. 7 COMMISSIONER LETZ: Y'all do a great job. 8 COMMISSIONER OEHLER: Thank you. 9 COMMISSIONER BALDWIN: 1.23; consider, discuss, 10 take appropriate action to engage Neffendorf, Knopp, Doss and 11 Company, P.C., to perform Kerr County external audit for 12 fiscal year '12 and '13, and allow County Judge to sign the 13 same. Ms. Hargis? 14 MS. HARGIS: Yes. It's the same engagement letter, 15 no fee increase of any kind, except they're going to be 16 through hopefully by the end of January. 17 COMMISSIONER MOSER: Move for approval. 18 COMMISSIONER BALDWIN: Motion. Is there a second? 19 COMMISSIONER OEHLER: Second. 20 COMMISSIONER BALDWIN: Motion and second. All in 21 favor, raise your right hand. 22 (The motion carried by unanimous vote.) 23 COMMISSIONER BALDWIN: Motion passes. Thank you. 24 1.24; consider, discuss, take appropriate action to approve 25 interlocal agreement with the Regional Public Defender for 10-15-13 100 1 Capital Cases. Judge Tinley. 2 MS. HARGIS: This is the -- the regional thing with 3 Lubbock that we do, and we did budget for that. 4 COMMISSIONER BALDWIN: Okay. 5 COMMISSIONER OEHLER: I think it's a good deal. I 6 move approval. 7 COMMISSIONER BALDWIN: We have a motion. Is there 8 a second? 9 COMMISSIONER LETZ: Second. 10 COMMISSIONER BALDWIN: All in favor, raise your 11 right hand. 12 (The motion carried by unanimous vote.) 13 COMMISSIONER BALDWIN: Motion carries. Thank you. 14 Consider, discuss, take appropriate action concerning the 15 Veterans Services Officer position. Commissioner Letz? 16 COMMISSIONER LETZ: I put this on the agenda mainly 17 just to get this moving a little bit. I know that the Judge 18 and Ms. Lantz have worked on this some, and here's kind of 19 the job description that is out there right now, in a draft 20 version. And I really put it on here 'cause I -- based on a 21 seminar I went to several -- I guess about a month ago, I got 22 really enthusiastic about this, but I think it's also very 23 important that we set this office up right; that the 24 requirements -- some of the state law issues have changed as 25 to what the people do. But I just wanted to get it moving. 10-15-13 101 1 And I know that the Judge has some input on this, so I think 2 we don't need to spend much more time on it. And it will be 3 on a future agenda item; we can move forward. I wanted to 4 hand this out. If anyone has any special ideas, we can add 5 to it. One of the things that I'm not sure if it's in here 6 or not, I know the law -- the former state law was that the 7 veterans officer had to be a veteran. That law was changed a 8 couple years ago. But based on my talk, I think we need to 9 make that a requirement. I think the person that does this 10 needs to be a veteran. I think there's a -- that's a unique 11 skill set that you really need to have. Anyway -- 12 COMMISSIONER MOSER: So, what you're proposing is 13 take a look at this, and then we'll come back -- 14 COMMISSIONER LETZ: Come back at our next meeting, 15 probably, and try to move forward with it, get it to MGT to 16 do the formal one so that we can start figuring out the 17 salary, things like that. That's it. 18 COMMISSIONER BALDWIN: Very good. Thank you, sir. 19 Anything else from the regular agenda? We still have two -- 20 two executive session items, and we'll come back a little 21 later to do that. Right now, let's go ahead and do Section 22 4, approval agenda. 4.1, pay the bills. 23 COMMISSIONER LETZ: Move we pay the bills. 24 COMMISSIONER BALDWIN: We have a motion. 25 COMMISSIONER MOSER: Second. 10-15-13 102 1 COMMISSIONER BALDWIN: We have a second. Any 2 discussion? Any questions? I do. It's just, I think, 3 clarification. There's just something here I'm not sure I 4 understand. On Page 1, County Court at Law, 216th, 198th has 5 this Sixth Administrative Judicial Region, -- 6 MS. HARGIS: Right. 7 COMMISSIONER BALDWIN: -- and each one of them are 8 $1,800. What -- tell me what that -- it's an assessment of 9 some sort. 10 MS. HARGIS: That's for the two courts. It's an 11 assessment by the Sixth Region, which is the annual fee that 12 we pay them every year. Every county pays to be in the 13 region, and that's where we code it to. 14 COMMISSIONER BALDWIN: Okay. So, we pay $1,800 so 15 we can be in the region? 16 MS. HARGIS: Well, I think it's a judicial 17 assessment that each region assesses. That's to pay for the 18 extra judges and -- and extra court reporters and things of 19 that nature that we might need. 20 COMMISSIONER BALDWIN: Okay. Rusty, we actually 21 pay L.C.R.A. for the tower lease; we pay them $24,000? 22 SHERIFF HIERHOLZER: Yeah. 23 COMMISSIONER BALDWIN: God almighty. That's all 24 the questions I have. 25 SHERIFF HIERHOLZER: When we first started that 10-15-13 103 1 back in 2000, they didn't charge us, and now -- 2 COMMISSIONER BALDWIN: Didn't charge us anything? 3 SHERIFF HIERHOLZER: That's right. And over the 4 years, they have changed their minds about that, so now we -- 5 COMMISSIONER BALDWIN: That's 24,000. Is that an 6 annual -- 7 SHERIFF HIERHOLZER: Right. 8 COMMISSIONER BALDWIN: -- annual payment? 9 SHERIFF HIERHOLZER: And that's two towers, okay. 10 With their -- we have four towers for the radio system. Two 11 are L.C.R.A., one is Windstream, and one's Five Star, I 12 think. 13 COMMISSIONER BALDWIN: Yeah. 14 COMMISSIONER MOSER: Do we pay Windstream that same 15 amount? 16 MS. HARGIS: No, we pay them different amounts. 17 Depends on the tower. 18 COMMISSIONER MOSER: Huh? 19 MS. HARGIS: Different amounts. Depends on the 20 tower. 21 SHERIFF HIERHOLZER: That was worked out with the 22 agreement back in the year 2000 when they were leased. 23 COMMISSIONER BALDWIN: So, did we pay the bills? 24 THE CLERK: We have a motion and second. 25 COMMISSIONER BALDWIN: All in favor, raise your 10-15-13 104 1 right hand. 2 (The motion carried by unanimous vote.) 3 COMMISSIONER BALDWIN: Motion carries. Thank you. 4 4.2, budget amendments. 5 MS. HARGIS: There aren't any to approve. 6 COMMISSIONER BALDWIN: Thank you. Late bills? 7 MS. HARGIS: You have one there. 8 COMMISSIONER BALDWIN: Is that the one I just saw 9 floating through? 10 MS. HARGIS: Yes. 11 COMMISSIONER LETZ: Move we pay the late bills. 12 COMMISSIONER OEHLER: Second. 13 COMMISSIONER BALDWIN: We have a motion and a 14 second to pay the; late bill. 15 MS. HARGIS: This is the last one. 16 THE CLERK: Jeannie, question. I was given one 17 that shows Craig Leslie. 18 COMMISSIONER BALDWIN: Yeah, I saw that over the 19 weekend, too. 20 MS. HARGIS: Yeah. They're -- they're really not, 21 per se, late bills. We're trying to get all the bills for 22 September in so that we can close the books, and so you've 23 got a lot of them that -- every bill that's come in that said 24 September on it, we tried to push it in front, but that is -- 25 she marked it "late." 10-15-13 105 1 COMMISSIONER OEHLER: Do we need to include this 2 within the late bill you just gave us? 3 MS. HARGIS: Yes, sir, because she -- yes, sir 4 because she marked it that way. Yes, please. So, we have 5 two late bills. 6 COMMISSIONER BALDWIN: So, there's two. 7 COMMISSIONER OEHLER: Yeah. 8 COMMISSIONER BALDWIN: Both of them to lawyers, 9 right? 10 COMMISSIONER LETZ: Yeah. My motion included this 11 late bill as well. 12 COMMISSIONER OEHLER: Second the same way. 13 COMMISSIONER BALDWIN: All in favor, raise your 14 right hand. 15 (The motion carried by unanimous vote.) 16 COMMISSIONER BALDWIN: Thank you. What about 17 accept monthly reports? Thank you very much. Approve the 18 monthly reports, September from Kerr County payroll, Kerr 19 County Clerk, Kerr County Clerk corrected for August 2013, 20 Constable 3, J.P. 3, J.P. 4, Constable 4, Constable 1, 21 District Clerk, Environmental Health, Solid Waste and 22 O.S.S.F., Environmental Health quarterly report, July to 23 September 2013, Nuisance and Abatement program. I'll 24 entertain a motion to approve these as presented. 25 COMMISSIONER MOSER: So moved. 10-15-13 106 1 COMMISSIONER BALDWIN: I've got a motion. Is there 2 a second? 3 COMMISSIONER OEHLER: Second. 4 COMMISSIONER BALDWIN: All in favor, raise your 5 right hand. 6 (The motion carried by unanimous vote.) 7 COMMISSIONER BALDWIN: That's a done deal. 8 COMMISSIONER MOSER: Sign it. 9 COMMISSIONER BALDWIN: Okay. Reports from 10 Commissioners in your liaison duties? 11 COMMISSIONER LETZ: Good news at the airport. 12 COMMISSIONER BALDWIN: We have good news at the 13 airport. We have airplanes out there now? 14 COMMISSIONER LETZ: We have airplanes, and we're 15 hoping to have some made before too long. 16 COMMISSIONER BALDWIN: I understand that. 17 COMMISSIONER LETZ: So, the good news is that 18 Mooney has been bought. And -- 19 COMMISSIONER MOSER: In the process thereof. 20 COMMISSIONER LETZ: Well, the process thereof. 21 And, anyway, but that's good news. It's been a long time. 22 They've been kind of in mothballs for a long -- what, five 23 years now, I guess? 24 COMMISSIONER OEHLER: Good while. 25 COMMISSIONER LETZ: Good while. And, you know, I 10-15-13 107 1 don't want to get our hopes up, because with Mooney, they 2 frequently come crashing down, but it's certainly going in 3 the right direction, and will be a big positive thing for 4 Kerrville and our airport if they do start manufacturing 5 again. 6 COMMISSIONER BALDWIN: It's my understanding that 7 Mooney is paying their back taxes. 8 COMMISSIONER LETZ: Yeah. 9 COMMISSIONER MOSER: Mooney's been consistent on 10 paying their bills every month, yeah. To us, yeah. Back 11 taxes. 12 COMMISSIONER LETZ: Yeah. So, anyway, that's good 13 news. 14 COMMISSIONER BALDWIN: Yeah, that is good news. 15 Commissioner Oehler, do you have anything? 16 COMMISSIONER OEHLER: Not today. 17 COMMISSIONER BALDWIN: None? Thank you. Reports 18 from elected officials? Department heads? 19 MS. BURLEW: No, sir. 20 SHERIFF HIERHOLZER: Jail population is going up, 21 unfortunately. We're at 143 this morning. It's been 22 gradually going up, and I kind of think what most of it is, 23 now with the courts restructured, we're having a lot more 24 court days, so we're probably going to go through a period 25 that we end up with more in there until everything levels 10-15-13 108 1 back out. We'll keep an eye on it, but that's where we are 2 right now. And women are just -- we're overcrowded with 3 women, and that is being a constant. 4 COMMISSIONER MOSER: Women's lib. 5 COMMISSIONER BALDWIN: Yeah, women's lib. 6 SHERIFF HIERHOLZER: I won't say anything else. 7 We're outnumbered in this room, gentlemen. 8 COMMISSIONER BALDWIN: True. I think we're picking 9 on women. 10 SHERIFF HIERHOLZER: I'm not saying a word. 11 MR. HENNEKE: No, thank you. 12 COMMISSIONER OEHLER: I wouldn't advocate that at 13 all. 14 COMMISSIONER BALDWIN: Boards, commissions, 15 committees? City/County? We love y'all, all. All right. 16 We're going to recess till, what, 1:30? 17 MR. HENNEKE: I don't think -- is executive session 18 all that's left? 19 COMMISSIONER BALDWIN: Yeah. 20 MR. HENNEKE: I don't think it will take that long, 21 Commissioner, on either of them. 22 COMMISSIONER BALDWIN: You want to stay here and do 23 that? 24 COMMISSIONER OEHLER: It won't take long. 25 COMMISSIONER BALDWIN: Okay. We'll recess the 10-15-13 109 1 Commissioners Court and go back into executive session. 2 (The open session was closed at 12:11 p.m., and an executive session was held, the transcript of which 3 is contained in a separate document.) - - - - - - - - - - 4 (Regular session was reconvened at 12:31 p.m.; 5 Commissioner Letz was not present.) 6 COMMISSIONER BALDWIN: Okay, we're back in -- back 7 in regular session, and we had the two executive session 8 items. Is there any action you want to take on either one of 9 those? 10 COMMISSIONER OEHLER: Yes. I make a motion that we 11 authorize the County Attorney to file an amicus brief on 12 behalf of Kerr County in the case of -- regarding Teal 13 Trading and Development, L.P., vs. Champee Springs Ranches 14 Property Owners Association. 15 COMMISSIONER BALDWIN: Okay. I'll second that 16 emotion. Any further discussion? All in favor, raise your 17 right hand. 18 (Commissioners Oehler and Baldwin voted in favor of the motion.) 19 20 COMMISSIONER BALDWIN: Any opposed? 21 COMMISSIONER MOSER: Abstain. 22 COMMISSIONER BALDWIN: Abstain. We have one 23 abstention, Precinct 2 Commissioner. Is there any other 24 action -- anything else we need to be brought before this 25 Court? 10-15-13 110 1 COMMISSIONER OEHLER: Hasta la vista. 2 COMMISSIONER BALDWIN: Hasta la vista, senór. Many 3 blessings. 4 (Commissioners Court was adjourned at 12:34 p.m.) 5 - - - - - - - - - - 6 7 8 STATE OF TEXAS | 9 COUNTY OF KERR | 10 The above and foregoing is a true and complete 11 transcription of my stenotype notes taken in my capacity as 12 official reporter for the Commissioners Court of Kerr County, 13 Texas, at the time and place heretofore set forth. 14 DATED at Kerrville, Texas, this 18th day of October, 15 2013. 16 17 JANNETT PIEPER, Kerr County Clerk 18 BY: _________________________________ Kathy Banik, Deputy County Clerk 19 Certified Shorthand Reporter 20 21 22 23 24 25 10-15-13