1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Tuesday, November 12, 2013 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X November 12, 2013 2 PAGE --- Commissioners' Comments 5 3 1.1 Presentation of 2012 Texas Association of 4 Counties Safety Award to Kerr County 10 5 1.2 Consider/discuss, take appropriate action to accept preliminary revision of plat for Monarch 6 Hills Subdivision and set public hearing, Pct. 3 12 7 1.3 Consider/discuss, take appropriate action on request from Kerrville Area Chamber of Commerce 8 and Leadership Kerr County to use Flat Rock Lake Park and HCYEC Show Barn and parking lot for 9 EasterFest on April 18-19, 2014 18 10 1.4 Consider/discuss, take appropriate action on request from Kerr County Historical Commission 11 to implement guidelines for use of the Union Church building 21 12 1.5 Consider/discuss, take appropriate action on 13 request from Kerr County Republican Women to be added to nonprofit list for use of HCYEC in order 14 to receive reduced rate on rental fees; request use of Exhibit Hall on February 8, 2014, for a 15 candidate forum 29 16 1.6 Consider/discuss, take appropriate action to amend Court Order #33000 to add Comm. Moser as 17 Economic Development liaison with Judge Tinley 33 18 1.7 Consider/discuss, take appropriate action to approve Amendment Number 1 of East Kerr County/ 19 Western Kendall County Regional Water Planning grant 35 20 1.8 Consider/discuss, take appropriate action to 21 set date for annual Kerr County Christmas party 36 22 1.9 Consider/discuss, take appropriate action to select contractor for negotiations for Kerrville 23 South Wastewater Project, Phase 5 37 24 1.10 Consider/discuss, take appropriate action to authorize Environmental Health/Animal Control 25 Director to hire person for vacant position in Animal Control Department 39 3 1 I N D E X (Continued) November 12, 2013 2 PAGE 3 1.11 Consider/discuss, take appropriate action to approve audit required by Article 59.06(g)(1) 4 of the Code of Criminal Procedure, and FY 2013 Chapter 59 Asset Forfeiture Report to be true & 5 correct and contains all required information 40 6 1.12 Consider/discuss, take appropriate action on request from Kerr County Roller Derby to continue 7 to use Show Barn at HCYEC for practices & events 43 8 1.13 Consider/discuss, take appropriate action to hire bookkeeper to fill budgeted position in 9 Tax Assessor/Collector Department at 19.1. 44 10 1.14 Consider/discuss, take appropriate action to establish qualifications and job description 11 of Kerr County Veteran Service Officer 45 12 4.1 Pay Bills 54 4.2 Budget Amendments -- 13 4.3 Late Bills -- 4.4 Approve and Accept Monthly Reports 55 14 5.1 Reports from Commissioners/Liaison Committee 15 Assignments -- 5.2 Reports from Elected Officials/Department Heads 56 16 --- Adjourned 57 17 18 19 20 21 22 23 24 25 4 1 On Tuesday, November 12, 2013, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regular meeting of the Kerr County 9 Commissioners Court posted and scheduled for this date and 10 time, Tuesday, November 12, 2013, at 9 a.m. It is that time 11 now. Commissioner Letz? 12 COMMISSIONER LETZ: Would everyone please stand and 13 join me in a moment of prayer, followed by the pledge. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. Please be seated. At 16 this time, if there's any member of the public or audience 17 that wishes to be heard on a matter which is not a listed 18 agenda item, this is your opportunity to come forward and 19 tell us what's on your mind. If you wish to be heard on an 20 agenda item, we'd prefer that you fill out a participation 21 form. There should be some located at the rear of the room. 22 However, if we get to an agenda item and you haven't filled 23 out a participation form and you wish to be heard, get my 24 attention in some manner and I will give you that 25 opportunity. But right now, if there's any member of the 11-12-13 5 1 public or audience that wishes to be heard on any matter 2 which is not a listed agenda item, this is your opportunity 3 to come forward. Seeing no one coming forward or otherwise 4 seeking recognition, we will move on. Commissioner Letz? 5 COMMISSIONER LETZ: Water continues to be -- occupy 6 a lot of my time. I'll be off to Austin again tomorrow to 7 work on all that stuff for a couple of days. Parts of my 8 precinct received a whole lot of rain. Some of them got up 9 to 5 inches and a little flood, but then others like me 10 received less than a quarter inch. 11 COMMISSIONER MOSER: Oh, come on. 12 COMMISSIONER LETZ: It was an extremely narrow -- 13 about a 4-mile-wide strip that went from Camp Verde to 14 Comfort. Some people were fortunate, some not so fortunate. 15 But, anyway, at least it helped a lot. I think that's about 16 it. Oh, I do have one more thing, 'cause I think we probably 17 won't have Commissioners Court before then. Christmas in 18 Comfort is coming up right after Thanksgiving. I can't 19 remember if we meet before that or not; I don't think we do. 20 But, good time. Good parade. It's a night parade, 21 festivities all that Saturday. Invite everyone down to 22 Comfort. 23 JUDGE TINLEY: Commissioner Oehler? 24 COMMISSIONER OEHLER: Been meeting with a group in 25 Ingram once a month; that's the superintendent of the school 11-12-13 6 1 out there and City Manager, some other interested people, 2 Hill Country Telephone, one bank person, and kind of a 3 different group of small -- small number of different people 4 come in periodically to that group on the first Thursday 5 morning of every month. One of the things that you've 6 probably been hearing a little bit about, the Arts Foundation 7 is going to now have the Arts and Crafts Fair. They are 8 going to own the name, and they're in the process of getting 9 all that done. They already have their commitments. They're 10 raising money from various sources to put that fair on, and 11 it's going to be a really good thing. There's a lot of 12 planning going into it. It's going to be in October rather 13 than in May, and I think it's going to be a really, really 14 good event. It will work out to all the parking and the 15 transportation and using TexDOT to tell us what safety 16 measures we need to do so we can transfer people safely from 17 one parking area to the event and back. And, anyway, it's 18 going to be a really, really big boost for Ingram to have 19 that, and not a better place that I know of than the Arts 20 Foundation, who has a place for art. They have a lot of 21 artists and have a nice facility, and they're going to do 22 some upgrades there shortly, too. But it's been a really fun 23 time to get in on the planning of that, and to talk about 24 various things that are going on in Ingram, that are coming 25 to Ingram. It is -- it's not going to be the old Ingram that 11-12-13 7 1 we once loved and knew. It's going to be a little bit 2 changed, and I think it's really positive. I'm looking 3 really forward to it, and I know everybody out there is. And 4 Hill Country Telephone is unbelievable in their support of 5 various community things out there, and they're going to also 6 do some internships and things like that, kind of getting 7 some high school kids interested in some of what they do, the 8 technical stuff that they do, especially I.T. Anyway, that's 9 just a little bit of what -- I've really been fortunate to be 10 in that group. We've been doing it now for probably about 8 11 or 9 months, and it's really taken off. And the Arts and 12 Crafts Fair is going to be a big, big boost. 13 JUDGE TINLEY: Going to stay in Kerr County. 14 COMMISSIONER OEHLER: Going to stay in Kerr County, 15 and it's also going to work with Hunt. I think Hunt's going 16 to host a fiddle contest, and it's going to be a kind of -- 17 that area is going to host this thing. Anyway, that's it. 18 JUDGE TINLEY: Commissioner Baldwin? 19 COMMISSIONER BALDWIN: Yes, sir. These guys 20 talking about rain, we need a little bit of rain. I remember 21 a long time ago in this courtroom, we were in a drought 22 situation, and we even hired a company to do some cloud 23 seeding, which didn't work. And we all sat around one day 24 and said, god, I guess we better pray. And it started to 25 rain, and it almost rained too much. So, I think we're all 11-12-13 8 1 on the right track when we talk about praying for rain. I 2 really do. I was pleasantly shocked yesterday by the crowd 3 that showed up at this courthouse to honor the veterans. It 4 was -- on such a short notice, a short planning -- I mean, I 5 don't think even the guys that planned it knew what day it 6 was for sure, but, you know, the -- it turned out -- and I'm 7 sure these two guys are going to talk about it too, but it 8 turned out to be an incredible event. It truly was. This 9 front yard of the courthouse was full of people. It was 10 unbelievable. Darndest thing I've ever seen. So, we have a 11 short agenda, and I'd like to get out of here by 9:30. 12 JUDGE TINLEY: Okay. 13 COMMISSIONER BALDWIN: Thank you. 14 JUDGE TINLEY: Commissoner Moser? 15 COMMISSIONER MOSER: How about 9:29? 16 COMMISSIONER BALDWIN: 9:29. 17 COMMISSIONER MOSER: Couple things. Number one, 18 that was a great parade. Spontaneity worked yesterday. I 19 think I estimated probably there was 700 to 1,000 people out 20 in front of the courthouse. Short notice. It was -- it was 21 fantastic. I want to recognize Ray Garcia and his some of 22 his people, and especially Deputy Givens. The river cleanup 23 several months ago, I was down in -- went under the 480 24 bridge in Center Point and found a mother lode of stuff down 25 there, old tires and everything else, and I filled up a 11-12-13 9 1 pickup truck, and then there was a ton of glass and broken 2 glass down there. That's -- the first time these prayers are 3 answered and it rains, all the glass is going to go right 4 down the Guadalupe. Ray and his guys went down there, saw 5 where it was. It's TexDOT's responsibility under there. 6 TexDOT came up the next day, cleaned all of that glass up, 7 put some berms in to keep you from dumping. That was getting 8 to be a real dump down there; real, real major contamination. 9 So, hats off to Ray and Deputy Givens for doing that. 10 Quick thing on the airport. The T-hangar project 11 is moving. They've got the contractor in place, trying to 12 decide a configuration of the number of T-hangars we want. 13 There's going to be 12 out there, so that's going to be a big 14 revenue. Hopefully next year, we'll have almost no money 15 from the City and County to operate that airport. Gone from 16 $400,000 down to about zero, so hopefully that's going to 17 happen. Quick thing on emergency medical services. We have 18 First Responders in the county that want to be First 19 Responders; they're ready to do it. So, we've had a -- a 20 backlog; we've had a little bit of blockage in the system. 21 We think that we've got that resolved with the City. Met 22 with -- with the County Attorney and Dawn, and we think we 23 know what our process is. We're going to identify the 24 people, bring them to Commissioners Court, send them over to 25 the City. They'll train them and outfit them. So, that's -- 11-12-13 10 1 that's a super important thing that we got to move on 2 quickly, and that's what I've got. Thank you. 3 JUDGE TINLEY: Okay, thank you. It really was a 4 nice event. It was short, to the point, just honoring 5 veterans who served. I -- I think the hook in it was they 6 had a little bit of a parade, which made the kids want to 7 come out, which made the parents come out, so we got some of 8 the younger folks, and hopefully we can keep this momentum 9 going. It was -- it was -- like you, Buster, I was really 10 shocked, the short notice that they pulled that thing off. 11 Also, I'd like to give kudos to Rosa Lavender. Ms. Lavender 12 served on the 2013 Victim Impact Statement revision 13 committee, and I've got a letter of commendation here or 14 thanks from the Texas Department of Criminal Justice. 15 Ms. Lavender is -- she reaches out and gets involved in some 16 of those things, I think more out of self-preservation, so 17 she doesn't get something from somebody else that she finds 18 to be worthless, but that may be another story. Let's get on 19 with our agenda. The first item, a 9 a.m. presentation of 20 the 2012 Texas Association of Counties Safety Award to Kerr 21 County. Mr. Victor Uvalle. 22 MR. UVALLE: Thank you for letting me visit with 23 y'all this morning, and kudos to y'all. I want to thank 24 y'all for supporting our efforts and our safety programs. 25 And y'all did earn one of our prestigious awards, the Gold 11-12-13 11 1 Star Award. We have safety awards, and you have a Gold Star 2 Award, so today I wanted -- I did want to show you the plaque 3 that the County got from TAC. And I hope y'all will put it 4 somewhere where everybody can see it, because there was only 5 nine counties -- nine counties that got this award out of 300 6 entities that are in our pool. There's only about 200 7 counties that are in the pool, but we have some C.S.C.D.'s, 8 some appraisal districts, so overall, it's about 300 9 entities. 10 And like I said, there was only nine awards given, 11 and y'all were one of them. And this was earned; it wasn't a 12 gimme. You had to implement a safety written plan, and 13 you -- and throughout the year, our risk management 14 consultant came by to check to see how things were going, 15 according to plan. And also, not only do you have to 16 implement these items, but you also have to keep safe. And 17 actually, last year -- that's one of the criteria, that your 18 claims are down for that year. And actually, for -- and this 19 award was in 2012, so that year, the claims were down for 20 that. And not only are you helping to keep people safe, but 21 also you're preventing fatalities, and overall saving money 22 for the taxpayers by keeping your premiums down out there. 23 So, thank you for supporting the effort, and I know that it 24 was teamwork from all the different management positions in 25 the county. And like I said, congratulations. This award 11-12-13 12 1 was earned, and let's continue working together. Appreciate 2 it, and thank y'all. 3 JUDGE TINLEY: Thank you. We appreciate it. 4 MR. UVALLE: And I do have a sample press release, 5 if you'd like to give it out to anybody. 6 JUDGE TINLEY: Give to it Jody -- Jody's not here. 7 Give to it Dawn. 8 MR. UVALLE: Dawn, okay. And thank you. 9 COMMISSIONER BALDWIN: Victor, you act surprised 10 about this. 11 MR. UVALLE: Oh, no, sir. No, I'm not. No, I was 12 just happy to present it. 13 JUDGE TINLEY: Well, as Victor said, it's really 14 truly a team effort. 15 MR. UVALLE: Thank you. 16 JUDGE TINLEY: And if everybody's not on board, it 17 just won't happen. We've got a process. It's -- I think 18 it's a good process. We've tweaked it as we've gone along, 19 but we've managed to be in the good graces and get these 20 safety wards from year to year, and glad we could get a Gold 21 Star Award. Plus it saves some money. 22 MR. UVALLE: Yes, it does. 23 JUDGE TINLEY: Okay. Let's get to our second 24 9 o'clock item; consider, discuss, take appropriate action to 25 accept the preliminary revision of plat for Monarch Hills 11-12-13 13 1 Subdivision, Abstract A0252, Oliver P. Moore Survey 29, 9 2 acres; and Abstract A0252, Oliver P. Moore Survey 29, 22.121 3 acres, and set a public hearing. 4 MR. ODOM: Good morning. 5 COMMISSIONER OEHLER: Good morning. 6 COMMISSIONER MOSER: Good morning. 7 MR. ODOM: Mr. Avalos owns R15729, 9 acres, and 8 R15730, 22.121 acres. Mr. Avalos would like to create 10 9 lots out of the two properties totaling 31.121 acres. 10 Mr. Boerner is the surveyor for Mr. Avalos. He has stated 11 that Mr. Avalos wants to sell off Lots 1 through 9 as 12 residential, single-family lots. Mr. Avalos would like to 13 retain at this time Lot 10 in the back and try to see if, in 14 the future, it may be able to connect to the proposed sewer 15 line from Center Point to Comfort. If, in the future, 16 Mr. Avalos would be allowed to connect to the -- onto this 17 sewer line, he may want to further subdivide Lot 10 into 18 smaller one-quarter acre tracts to sell. Mr. Avalos 19 understands that this option may not happen. 20 Lot 1 currently has a well, and Lot 2 will share 21 that well until community water is installed for the lots. 22 We have included a letter from Gene Williams stating that 23 Headwaters is okay with Lot 1 and 2 sharing the well until 24 community water is installed. We have also included a letter 25 from Wiedenfeld Water Works stating that they can supply 11-12-13 14 1 water to these proposed lots. A flood study was done and 2 reviewed and approved, and the review fees have been paid. 3 So, at this time, we ask the Court to accept the preliminary 4 revision of plat for Monarch Hills Subdivision, Abstract 5 A0252, Oliver P. Moore Survey 29, acres are 9 acres, and 6 Abstract A0252, Oliver P. Moore Survey 29, 22.121 acres, and 7 set a public hearing for Monday, December 23rd, 2013, at 9 8 a.m., Precinct 3. 9 COMMISSIONER LETZ: I have no problem with it. 10 Looks good. Only question I have is, you're saying it's a 11 revision. Where's the -- what's the original -- it's two 12 lots right now. Are they platted? 13 MR. ODOM: They're not -- they're not platted. 14 COMMISSIONER LETZ: Why is it a revision, then? 15 MR. ODOM: Did I say it in this? 16 COMMISSIONER LETZ: Well, you said it was a 17 revision, but I don't -- 18 MR. ODOM: It's not a revision. 19 COMMISSIONER LETZ: And if it's not a revision, why 20 do we need a public hearing? I guess that's what -- I mean, 21 isn't there -- 22 COMMISSIONER BALDWIN: Picky, picky, picky. 23 (Laughter.) 24 JUDGE TINLEY: And you wanted to get out of here by 25 9:30. 11-12-13 15 1 COMMISSIONER BALDWIN: Yeah, so much for that. 2 COMMISSIONER LETZ: I think we can go -- I mean, 3 it's not -- it's just a preliminary plat. 4 MR. ODOM: It's preliminary plat. 5 COMMISSIONER OEHLER: Preliminary plat. 6 COMMISSIONER LETZ: But we don't need a public 7 hearing. I mean, I don't see -- 8 MR. ODOM: No, because the land -- you're right. 9 COMMISSIONER OEHLER: It's unplatted now, right? 10 MR. ODOM: It's unplatted. 11 COMMISSIONER LETZ: Okay. 12 COMMISSIONER BALDWIN: And if you have -- my 13 question is, if you have one lot with a well on it, and it's 14 okay for that well to serve two lots until the -- the 15 community service -- community water comes in, what if that 16 never happens? 17 COMMISSIONER LETZ: Well -- 18 COMMISSIONER BALDWIN: You have two lots. 19 MR. ODOM: Community water is there. 20 COMMISSIONER BALDWIN: He said -- yeah, I -- well, 21 I think Mr. -- 22 MR. ODOM: You're talking about sewer. 23 COMMISSIONER LETZ: No. 24 COMMISSIONER BALDWIN: No. 25 COMMISSIONER MOSER: No, the Wiedenfeld. 11-12-13 16 1 COMMISSIONER BALDWIN: Wiedenfeld says he will 2 provide it. At a future time, I'm assuming. And I'm just 3 wondering, what if that never happens? You know, you have 4 two homes, kind of like -- to me, it's kind of like every 5 once in a while, we have a property line across somebody's 6 septic tank, and so you have a septic tank and two pieces of 7 property, kind of. 8 MR. ODOM: Well, Mr. Wiedenfeld owns that water 9 system right there. We have a letter to that effect. I 10 would say that would be a legal question; you would take 11 action by the Court. It's -- it's in the notes that they 12 have to hook up to it once it's done. Mr. Wiedenfeld's not 13 going to commit to anything until it's platted. 14 COMMISSIONER LETZ: Is it appropriate to put, like, 15 a one-year period to get it hooked up, or should we do 16 anything like that? 17 MR. HENNEKE: I don't know that you can do that on 18 a plat for an enforceable time period for meeting future 19 conditions. I mean, if -- 20 COMMISSIONER LETZ: Yeah. You either do it or -- 21 COMMISSIONER OEHLER: When it becomes available, or 22 something like that. 23 COMMISSIONER BALDWIN: Well, that's kind of what 24 it's saying now. 25 COMMISSIONER OEHLER: 'Cause if that well will 11-12-13 17 1 serve two lots, it's just -- that will be fine until such 2 time it does become available. 3 COMMISSIONER BALDWIN: That's what it's saying now. 4 MR. ODOM: That's what it's saying, yeah. 5 COMMISSIONER BALDWIN: Yeah. I'm with Jon, his 6 line of thinking there. Seems like we give some kind of time 7 frame to -- 8 COMMISSIONER LETZ: I mean, why don't we approve 9 the preliminary plat, and in the meantime, why don't you get 10 Mr. Wiedenfeld to give us a time period that he's going to 11 have this done. Put that in a separate -- you know, I don't 12 know how enforceable it is. But I don't have a problem with 13 what they're doing here right now. It's just kind of a 14 chicken and egg thing. I think that -- but I think it would 15 be nice to get something a little bit firmer from 16 Mr. Wiedenfeld. 17 COMMISSIONER OEHLER: Okay. 18 COMMISSIONER LETZ: I move approval of the 19 preliminary plat. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE TINLEY: Motion made and seconded for 22 approval of the preliminary plat. Any question or discussion 23 on the motion? All in favor, signify by raising your right 24 hand. 25 (The motion carried by unanimous vote.) 11-12-13 18 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: Motion carries. 4 MR. ODOM: And I apologize to the Court. Yeah, I 5 see the "revision." That's a typo. It shouldn't have been; 6 it was a preliminary. 7 COMMISSIONER LETZ: Trying to throw me a curve. 8 JUDGE TINLEY: Let's go to our 9:05 timed item; to 9 consider, discuss, take appropriate action on request from 10 the Kerrville Area Chamber of Commerce and Leadership Kerr 11 County to use Flat Rock Lake Park and the the Hill Country 12 Youth Event Center show barn and parking lot for EasterFest 13 on April 18 and 19, 2014. 14 MR. McILVAIN: Good morning, Judge Tinley and 15 County Commissioners. I'm Charlie McIlvain, a member of 16 Leadership Kerr County, Class Number 29. We also have 17 several other members that -- I'd like to ask them to stand. 18 The Leadership Class Number 29 and our sponsor, the Kerrville 19 Area Chamber of Commerce, respectfully request the use of 20 Flat Rock Lake Park for our heroes -- "Here's to Our Heroes" 21 annual EasterFest chili and barbecue cookoff and community 22 celebration. The American Legion Auxiliary Post Number 208 23 started this event over 40 years ago, and we're continuing 24 with that tradition. Our class is requesting the park 25 beginning Friday, April 18th, for setup purposes; for 11-12-13 19 1 Saturday, the 19th, for the event, and Sunday, April 20th, 2 for cleanup purposes. In addition to the cook-off 3 competition, we'll conduct a children's Easter egg hunt. And 4 part of the entertainment will include a gospel music 5 presentation. Funds raised during this event will be used 6 for community improvement projects. We would like to update 7 the contract for -- from last year and sign a new contract 8 with the County. We do thank you for your consideration. We 9 are greatly appreciative for your efforts. 10 COMMISSIONER MOSER: And that date's available -- 11 okay according to Jody? 12 MR. McILVAIN: Yes, sir. We have checked that, and 13 it is available. 14 COMMISSIONER MOSER: Okay. 15 COMMISSIONER MOSER: So moved. 16 COMMISSIONER LETZ: Second. 17 JUDGE TINLEY: Motion made and seconded for 18 approval. Why would we not want to do that? (Laughter.) 19 MR. McILVAIN: I can't imagine. 20 MS. WEAVER: That's our question. 21 JUDGE TINLEY: You bring all this muscle down here, 22 see. You could have sent a postcard. 23 COMMISSIONER LETZ: Question. You mentioned a new 24 agreement. Has the County Attorney -- have you received it 25 yet? 11-12-13 20 1 MR. HENNEKE: No, we haven't. I mean, we can bring 2 it back. I mean, two new things. I don't think last year 3 y'all used the show barn or the Hill Country Youth Event 4 Center facilities for this. It was all just down at Flat 5 Rock Park. So, I guess y'all are expanding, or is that just 6 a backup location? 7 MR. McILVAIN: I think that's parking. 8 MS. WEAVER: Actually, I need to clarify on the 9 show barn. The show barn's not available on that date, so 10 the request is not for the show barn. Somebody already has 11 it booked, the Hill Country Swap Meet. We're just asking for 12 some parking at the show barn, but that would be in addition. 13 MR. McILVAIN: We have worked with that 14 organization, and they're amenable to the parking situation 15 too. 16 COMMISSIONER LETZ: Just something to bring up, but 17 by that date, we probably will have the River Star park back 18 as our facility, so you may want to look at that as a -- 19 maybe an available venue to use as part of this. There is a 20 pavilion over there. By that date, it should be cleared up. 21 Just something to keep -- we can't do anything with it right 22 now, but you might just keep it in the back of your mind. 23 MR. McILVAIN: Thank you. 24 COMMISSIONER OEHLER: Yeah, that pavilion might be 25 be real useful. 11-12-13 21 1 MR. McILVAIN: It could, you're right. 2 MR. HENNEKE: Restrooms and whatnot. 3 COMMISSIONER LETZ: Okay. 4 JUDGE TINLEY: Anything else? All in favor of the 5 motion, signify by raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: Motion carries. 10 MS. WEAVER: Thank you. 11 MR. McILVAIN: Thank you. 12 JUDGE TINLEY: Let's go to Item 4, a 9:10 timed 13 item. Consider, discuss, and take appropriate action on 14 request from the Kerr County Historical Commission to 15 implement guidelines for use of the Union Church building. 16 Ms. Leonard? 17 MS. LEONARD: Good morning. 18 JUDGE TINLEY: Good morning. 19 MS. LEONARD: I'm Julie Leonard. I'm here 20 representing the Kerr County Historical Commission, setting 21 up some guidelines for the Union Church building. As we all 22 know, it's a very old building, you know, made of wood. I 23 don't know -- do you want me to read these guidelines? I 24 think you all have copies. I had one question here; it's the 25 no smoking inside the building. I guess the City of 11-12-13 22 1 Kerrville's smoking regulations apply to smoking close to the 2 building, I think 25 feet from the -- 3 COMMISSIONER OEHLER: 20 feet. 4 MS. LEONARD: -- entrance. 5 COMMISSIONER OEHLER: No smoking at all inside of 6 any public building. 7 MS. LEONARD: And our big consideration -- problem 8 or consideration was the use of live candles in the building. 9 There's been some linens and stuff that have been damaged by 10 candles. And another question I have is, who checks on -- 11 you know, the deposit is put up, and who -- there was some 12 issue with who pays for the linens. I was told that the 13 Commission does that, but I -- I'm trying to figure out how 14 that -- 15 JUDGE TINLEY: Who owns them? 16 MS. LEONARD: The Commission owned the linens. 17 JUDGE TINLEY: Okay. 18 MS. LEONARD: So, do we approach the person that's 19 given the deposit? Or is that the County's? That's my 20 question. 21 COMMISSIONER LETZ: I guess I'm -- I want to go 22 back a step further than that. It's a -- I mean, it's a 23 county property. Y'all kind of, I guess, help manage -- 24 facilitate use. You've done a lot of work on it, obviously. 25 Why wouldn't it just be the -- I mean, incorporating some 11-12-13 23 1 additional things because of the age of the building and 2 candles, things like that, but why wouldn't it just come 3 under our standard rental agreement? Why -- I mean, we 4 already have an agreement that we're asking people to sign, I 5 believe. 6 MS. LEONARD: Right. 7 COMMISSIONER LETZ: So why do we -- I mean, we 8 don't need a new agreement, a new rate. We just need to 9 maybe tweak, maybe add a few things about the candles, which 10 makes perfect sense to me. I mean, smoking's already taken 11 care of. As to the linens, I didn't know that y'all owned 12 the linens. I didn't know who owned the linens. It seems 13 cumbersome to me to have y'all own the linens. I don't know 14 that we want to own the linens, but, I mean -- 15 MS. LEONARD: Right. It's just a woman's touch. 16 COMMISSIONER LETZ: What are the linens? Explain 17 the use of the linens and what they are, how much value -- 18 MS. LEONARD: When you walk in, you know, like if 19 someone's having a meeting, it's kind of nice to have, like, 20 a -- getting rid of the candles would -- would stop that 21 problem, because what happened is that someone put a candle, 22 and it dripped all over a linen there. So, you know, that's 23 -- you know, it's just -- we thought it would be a nice touch 24 to have, you know -- 25 COMMISSIONER LETZ: Linens. 11-12-13 24 1 COMMISSIONER OEHLER: Every now and then, you just 2 need to clean the linens, just for general principle, but if 3 the candles are eliminated, you won't have the problem. 4 MS. LEONARD: Right. 5 COMMISSIONER OEHLER: Okay. 6 MS. LEONARD: The other thing, who -- who is in 7 charge of making sure it's cleaned up? I understand that 8 people throw cups out there, and some of the people that were 9 working on the landscaping, you know, said that it seemed 10 that was a problem, that that's not -- the area's not policed 11 that well after weddings and stuff. Is that -- does someone 12 come out from the county and check and make sure everything 13 looks fine and all that good stuff? 14 COMMISSIONER LETZ: I think the Maintenance 15 Department handles all our rental properties. I mean, 16 they're the ones that go by and take a look at it. I mean, 17 but from a policing standpoint, you know -- 18 MS. LEONARD: No. 19 COMMISSIONER OEHLER: Well, that's why they pay a 20 cleaning deposit. If they don't clean up, they don't get 21 their deposit back. 22 COMMISSIONER LETZ: Right. 23 COMMISSIONER MOSER: Sounds like this facility's no 24 different than our other facilities, other than the linens. 25 MS. LEONARD: Yeah. And that won't be a problem if 11-12-13 25 1 we have no candles in there, so that's -- 2 COMMISSIONER LETZ: Okay. 3 MS. LEONARD: The other thing I might suggest is 4 that, you know, all the improvements the Friends have done to 5 the building, it might be advantageous to the County to 6 market the Union Church building, you know, as a wedding 7 venue. They're all over the county. It can be put on your 8 website. It would be, really, probably a very nice 9 money-maker if y'all would consider that. That's just kind 10 of -- I'm throwing that out, but they're all over the county. 11 I've gone online, and it -- you know, with the parking lot 12 and the fence, and I think that could be really good for the 13 county. 14 COMMISSIONER LETZ: I think that's a good idea. 15 That's something we need to incorporate with all of our 16 facilities, especially with the, you know, River Star and the 17 Ag Barn and a lot of the facilities that we own. The jail. 18 We probably have a nice jail; people can come visit. 19 (Laughter.) 20 SHERIFF HIERHOLZER: Yeah, you market that, go 21 ahead. I don't think it needs any marketing. I think it's 22 doing fine right now. 23 MS. LEONARD: Okay. So, what y'all are really 24 saying is that this -- this agreement that we present is 25 really superfluous; we don't really need this? 11-12-13 26 1 COMMISSIONER LETZ: I don't think we need it, 2 'cause we have an agreement that people that rent it now sign 3 with Jody. I think we need to probably add a few things 4 about the candles; I think that's a good suggestion, with the 5 age of the building and anything else like that. But I think 6 the rest of it's already taken care of. I mean -- 7 MS. LEONARD: Okay. 8 COMMISSIONER LETZ: And, obviously, it's -- you 9 know, it's hard for us to -- or for Maintenance to get there 10 immediately after all the time 'cause of the different things 11 they're doing and checking on it, and events, but I think 12 it's all being taken care of right now. 13 MR. ODOM: Do they -- 14 COMMISSIONER LETZ: I see the Maintenance 15 Supervisor raising his hand. 16 MS. LEONARD: Oh, Tim. 17 MR. BOLLIER: Yes, ma'am. There's things that go 18 on out there at the Union Church that we don't even know 19 about. There's people in and out of Union Church all the 20 time. We go out there; we do clean that Union Church. We 21 clean that Union Church after every -- 22 COMMISSIONER LETZ: Event. 23 MR. BOLLIER: -- every event. And cups in the 24 parking lot, I had no idea. I mean, I go by there at least 25 three times a week. I pick up stuff there. I can't help it 11-12-13 27 1 if people can't hit the trash can. I mean, I can't sit over 2 there and baby-sit the place, but we do -- we go over there 3 at least two or three times a week. 4 COMMISSIONER LETZ: Now, if -- go ahead, Tom. 5 COMMISSIONER MOSER: I was going to say, back to 6 the other question. My question was, why is this facility 7 any different than our other facilities? 8 MR. BOLLIER: It's not. 9 COMMISSIONER MOSER: Who has the key? Jody? 10 MR. BOLLIER: Jody has the key, but somebody else 11 has keys out there too. I'm just telling you. It's been a 12 problem for -- for a long time. And I just took it that it 13 was Schreiner University using the facility. I do not know. 14 COMMISSIONER MOSER: That doesn't sound good. 15 MR. BOLLIER: Doesn't sound good. There's 16 people -- there's things that go on out there all the time 17 that we don't -- that's not down on the books, that we're not 18 told about, and you drive by there and it's got people in it. 19 So -- 20 COMMISSIONER LETZ: Well, we need to -- we need to 21 tighten that up. 22 MS. LEONARD: Yeah. 23 COMMISSIONER LETZ: I mean, maybe we need to change 24 the locks. And the Historical Commission uses -- y'all use 25 it for your meetings, correct? 11-12-13 28 1 MS. LEONARD: Yeah, right. 2 COMMISSIONER LETZ: Other than their meetings, they 3 need to have a -- 4 MS. LEONARD: Yeah, we come up and get the key. 5 COMMISSIONER LETZ: We probably need to check on 6 that. 7 COMMISSIONER OEHLER: That's exactly why the $100 8 key deposit's there, 'cause people weren't turning those keys 9 in. 10 COMMISSIONER LETZ: I think that's -- we ought to 11 change the keys and locks out. 12 MR. BOLLIER: I can do that. 13 COMMISSIONER LETZ: And so we can -- 'cause we need 14 to control it like we control all our facilities. We can't 15 have people going in and out of that building any more than 16 in and out of the Ag Barn. 17 MS. LEONARD: One other thing. When they -- when 18 people come to use the Union Church, are they given this list 19 of, you know, where the fire extinguishers are and all that 20 kind of stuff? 'Cause in case they -- 21 COMMISSIONER LETZ: I don't know, but that may not 22 be a bad idea, to give them some of the -- a sheet as to, you 23 know -- 24 COMMISSIONER MOSER: Probably the same type of 25 thing is going to apply to River Star. 11-12-13 29 1 COMMISSIONER LETZ: Yeah. 2 COMMISSIONER MOSER: You know, the facilities over 3 there. So, it's -- that's a good suggestion. 4 COMMISSIONER LETZ: Okay. 5 COMMISSIONER MOSER: To have the same thing for any 6 facility that -- 7 COMMISSIONER LETZ: We probably should post it 8 inside on a little framed thing. 9 MS. LEONARD: I don't think there's anything 10 posted. 11 JUDGE TINLEY: I think more often than not, Jody 12 does a walk-through -- 13 MS. LEONARD: Okay. 14 JUDGE TINLEY: -- of the premises there. 15 MS. LEONARD: Okay. That's -- 16 JUDGE TINLEY: And points those things out. 17 MS. LEONARD: Okay. 18 JUDGE TINLEY: So that they'll know where they are, 19 if needed. 20 MS. LEONARD: Okay. Well, thank you very much. 21 COMMISSIONER LETZ: Thank you. 22 JUDGE TINLEY: Thank you. Let's go to our 9:15 23 timed item; Number 5, to consider, discuss, take appropriate 24 action on request from the Kerr County Republican Women to be 25 added to the nonprofit list for use of the Hill Country Youth 11-12-13 30 1 Event Center in order to receive a reduced rate on rental 2 fees, and request use of the exhibit hall on February 8th, 3 2014, for a candidate forum. 4 MS. ELDRED: Good morning. 5 JUDGE TINLEY: Good morning. 6 COMMISSIONER LETZ: Good morning. 7 MS. ELDRED: Hope you're feeling better. 8 JUDGE TINLEY: I'm working on it. 9 MS. ELDRED: Good. That pretty much described it. 10 We are still deliberating on what -- the committee is looking 11 at what options we have with regard to the candidate forum. 12 But at this time, since I was on the agenda, I did want to go 13 ahead and submit the request that the Republican Women of 14 Kerr County be added to the nonprofit list so that either in 15 February or at some future date, if we choose to have an 16 event there, that we could get the reduced rate for 17 nonprofits. That's it. I have no arguments or -- 18 JUDGE TINLEY: Are you -- are you not urging your 19 February 8th date? 20 MS. ELDRED: Right now we are looking at our 21 options, because we are -- we are still trying to determine 22 what the venue is going to actually be, whether it's going to 23 be a dinner, whether it's just going to be a forum, whether 24 it's going to be a meet and greet and a -- you know, so we -- 25 what the venue actually looks like right now is still under 11-12-13 31 1 discussion by the committee. So, when I talked to Jody a few 2 weeks ago, we were just doing the investigative work, and she 3 said, "Well, whether or not you have it there, you still need 4 to get your name added to the list." So, the goal today is 5 to get the -- get our organization added to the list for this 6 date or dates in the future. The facility is large. It's 7 nice. You know, as a political action committee, we do have 8 large events at times that require more space, and with the 9 limited amount of available space in Kerr County, the new 10 facility out there would be optimum for certain types of 11 events. 12 COMMISSIONER BALDWIN: Do you know what, Amy? What 13 I would do if I were you as well is secure that date, whether 14 you're going to have a dinner or a zoo, or whatever you're 15 going -- 16 MS. ELDRED: No zoos. We're not -- nevermind, I 17 won't say that. 18 COMMISSIONER BALDWIN: But whether you're just 19 going to have a candidate's forum -- 20 MS. ELDRED: Right, okay. 21 COMMISSIONER BALDWIN: -- or large candidate forum, 22 if I were you, I'd secure that, because lots of people are 23 using that place. 24 MS. ELDRED: Ill take that under advisement, and 25 we'll be back in discussion later this week, so -- 11-12-13 32 1 COMMISSIONER BALDWIN: What's required of them to 2 be on the list of nonprofits? 3 COMMISSIONER OEHLER: Nonprofit status. 4 MS. ELDRED: We are considered a nonprofit. We do 5 pay taxes, but we are a 527. 6 COMMISSIONER BALDWIN: Okay. What -- what do we 7 require? 8 MS. HARGIS: 501(c)(3). 9 COMMISSIONER BALDWIN: 501(c)(3). 10 JUDGE TINLEY: 501(c), a whole bunch of them. 11 There's 5, educational -- 12 MS. ELDRED: If I need to provide documentation, I 13 will get that from our -- our PAC chair. 14 COMMISSIONER LETZ: You probably do need to get 15 that in. As long as it's a 501-something. 16 MS. ELDRED: Okay. 17 COMMISSIONER OEHLER: Just go ahead and approve it 18 contingent upon you providing that. Okay, I move approval. 19 COMMISSIONER BALDWIN: Second. 20 JUDGE TINLEY: Motion made and seconded for 21 approval to add the Kerr County Republican Women to the 22 nonprofit list, contingent upon appropriate documentation 23 being provided to the Court and the County Attorney. 24 Question or discussion? All in favor, signify by raising 25 your right hand. 11-12-13 33 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: Motion carries. 5 MS. ELDRED: Thank you, gentlemen. I will try to 6 round that up as soon as possible. 7 COMMISSIONER OEHLER: Thank you. 8 JUDGE TINLEY: Let's go to Item 6; consider, 9 discuss, take appropriate action to amend Court Order Number 10 33000 to add Commissioner Moser as economic development 11 liaison along with Judge Tinley. Commissioner Moser? 12 COMMISSIONER MOSER: That -- yeah, thank you very 13 much, Judge. I'd like to be added to the liaison with you on 14 that. I think that Commissioner Overby was there with you 15 before, and then after I've been elected, I think there was 16 only one person there. There's a lot of economic development 17 stuff going on in east Kerr County. A lot of it I can't talk 18 about in a public forum. We can go into executive session; I 19 can tell you what all's going on here. But with that, I 20 think that that would help facilitate some of the things that 21 -- that's happening out there, so I would request that I be 22 added to the liaison for economic development. Make a 23 motion. 24 JUDGE TINLEY: You're making a motion? 25 COMMISSIONER BALDWIN: I'll second the motion. 11-12-13 34 1 JUDGE TINLEY: Motion made and seconded. Question 2 or discussion on that motion? 3 COMMISSIONER LETZ: Only comment is, I think the 4 way it's been done historically, and I think it stays, is 5 that in addition to y'all, if it's in my precinct, I want to 6 be involved from day one. I'm sure Bruce is the same, and 7 Buster's the same. So, I mean, the liaison is general, but 8 when it gets into the precinct, this stuff gets back to the 9 Commissioner whose precinct it is. 10 COMMISSIONER OEHLER: You want to add that that's 11 Precinct 2? 12 COMMISSIONER LETZ: Well, I mean, there's stuff 13 that they go to, which is fine, but if there's something in 14 my precinct, I want to be there, and we can't have three. 15 COMMISSIONER OEHLER: That's right. 16 COMMISSIONER LETZ: So -- 17 COMMISSIONER OEHLER: That's what -- that's my 18 point. 19 JUDGE TINLEY: Any other question or discussion? 20 All in favor of the motion, signify by raising your right 21 hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: Motion carries. Let's go to Item 7; 11-12-13 35 1 to consider, discuss, and take appropriate action to approve 2 Amendment Number 1 of the East Kerr County/Western Kendall 3 County Regional Water Planning Grant. Commissioner Letz? 4 COMMISSIONER LETZ: There is a -- I wasn't even 5 looking at the backup on this one -- yeah, it's all in here. 6 We had to do some -- just some modifications. This isn't 7 changing anything in the agreement. It's just some 8 structural changes and payment schedules and things of that 9 nature that were requested by a combination of Tetra Tech and 10 Water Development Board. It's not changing the scope of 11 work; it's not changing money. It's not changing -- just 12 contractual issues they're working out. And Keller's here if 13 you have any more questions than that. 14 COMMISSIONER MOSER: Question. It's not changing 15 the scope of work? 16 COMMISSIONER LETZ: No. 17 COMMISSIONER MOSER: So what is -- what's the 18 amendment for, then? I missed that. 19 COMMISSIONER LETZ: There's -- it was a payment -- 20 mostly I think regarding the payment. 21 COMMISSIONER MOSER: Okay. 22 COMMISSIONER LETZ: Services back and forth and 23 billing and that. 24 COMMISSIONER MOSER: Okay. 25 COMMISSIONER LETZ: It's Water Development 11-12-13 36 1 Board-driven. 2 COMMISSIONER MOSER: Okay, peace. Thank you. 3 COMMISSIONER LETZ: So moved. 4 COMMISSIONER MOSER: Second. 5 JUDGE TINLEY: Motion made and seconded for 6 approval. Question or discussion? All in favor, signify by 7 raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: Motion carries. Let's go to Item 8; 12 consider, discuss, and take appropriate action to set the 13 date for the annual Kerr County Christmas party. Now, I 14 think that reads "luncheon," doesn't it? Okay. 15 COMMISSIONER OEHLER: Jody asked to put this on 16 there, because we need to go ahead and do it just so 17 everybody will know. And I move that we set that date on 18 December 20th. 19 COMMISSIONER BALDWIN: Friday. 20 COMMISSIONER OEHLER: Friday. 21 COMMISSIONER BALDWIN: Second. 22 JUDGE TINLEY: Motion made and seconded for the 23 annual Kerr County Christmas luncheon -- 24 THE CLERK: Could I ask a question? 25 JUDGE TINLEY: Beginning at noon? 11-12-13 37 1 THE CLERK: Did you want to set times? Time frame? 2 COMMISSIONER OEHLER: We normally do it, what, at 3 12:00? 4 JUDGE TINLEY: Yeah, kick it off at noon. 5 COMMISSIONER OEHLER: Kick it off at noon, and 6 we're usually through by 1:30. 7 JUDGE TINLEY: Beginning at 12 noon on December the 8 20th, 2013. Question or discussion? All in favor, signify 9 by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: Motion carries. Let's go to Item 9; 14 consider, discuss, take appropriate action to select a 15 contractor for negotiations with the Kerrville South 16 Wastewater Project, that being Phase 5. Commissioner Moser? 17 COMMISSIONER MOSER: Thank you, Judge. Kerrville 18 South Wastewater Project, we received three bids -- proposals 19 on this work for Phase 5 in the latter part of September. We 20 have not brought this forward yet because we were looking to 21 make sure that -- that we had the beneficiaries required to 22 receive grants so we can move forward. We have that in place 23 now. Keller Drozdick is here with Tetra Tech. We've 24 evaluated the proposals. We're ready to move forward on this 25 with the selection and the recommendation of negotiating the 11-12-13 38 1 contract with M & C Fonesca. We're having a problem, too. 2 Our challenge was keeping the work within the scope of the 3 funds that we had in the budget, and we want to include 4 Ranchero in this, as opposed to Quail Valley, so we've done 5 all of that. We've got it in there. We can move forward. 6 And -- and Ranchero will be on -- the other side of Ranchero 7 will be in Phase 6, and that'll be the last part of this 8 whole project. So -- 9 COMMISSIONER BALDWIN: Let me ask a question right 10 quick. 11 COMMISSIONER MOSER: Sure. 12 COMMISSIONER BALDWIN: You have Quail Valley, Sand 13 Bend, and Ranchero. 14 COMMISSIONER MOSER: Right. 15 COMMISSIONER BALDWIN: Tell me about Sand Bend. 16 COMMISSIONER MOSER: Sand Bend is to change a line; 17 it's not to hook up sewers. It's to -- it's a small -- it's 18 a line that's too small, so part of this project will just 19 increase the diameter of that line. 20 COMMISSIONER BALDWIN: Where is that? 21 COMMISSIONER MOSER: Sand Bend is in Riverhill. 22 COMMISSIONER BALDWIN: That's what I thought. 23 COMMISSIONER MOSER: Yeah, right. It's just part 24 of the connection to the sewer plant. 25 COMMISSIONER BALDWIN: It's not -- it's not -- it's 11-12-13 39 1 inside the city of Kerrville. 2 COMMISSIONER MOSER: That's correct. It's inside 3 the city of Kerrville, right. So, Keller, is there anything 4 else that you want to add to this? So, I move that we move 5 forward on this and proceed to negotiate the contract with -- 6 with M & C Fonesca. 7 JUDGE TINLEY: I've got a motion. Do I hear a 8 second? 9 COMMISSIONER BALDWIN: Yeah, I second that motion. 10 JUDGE TINLEY: I have a motion and a second. 11 Question or discussion? All in favor of the motion, signify 12 by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: Motion carries. Let's now go to 17 Item 10; consider, discuss, take appropriate action to 18 authorize Environmental Health/Animal Control Director to 19 hire person for vacant position in the Animal Control 20 Department. Mr. Garcia? 21 MR. GARCIA: Morning, Judge, Commissioners. This 22 is a vacant position at a 14.1. It is a budgeted position. 23 I am requesting to fill that position. 24 COMMISSIONER OEHLER: Move approval. 25 COMMISSIONER BALDWIN: Second. 11-12-13 40 1 JUDGE TINLEY: Motion made and seconded for 2 approval. Question or discussion? All in favor, signify by 3 raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: Motion carries. 8 MR. GARCIA: Thank you. 9 JUDGE TINLEY: Let's now go to Item 11; consider, 10 discuss, and take appropriate action to approve the audit 11 required by Article 59.06(g)(1) of the Code of Criminal 12 Procedure, and FY 2013 Chapter 59 Asset Forfeiture Report to 13 be true and correct and contains all the required 14 information. 15 MS. HARGIS: This -- 16 JUDGE TINLEY: Good morning, Ms. Hargis. 17 MS. HARGIS: Good morning. How are y'all this 18 morning? 19 COMMISSIONER OEHLER: Good. 20 MS. HARGIS: This is the 198th forfeiture report. 21 They're no longer really required to bring it before the 22 Court, but because of the special committee that they have, 23 they wanted the Court to be aware of the report, and so that 24 you could have the results of it and make it public. So, 25 that's the reason this one is appearing and the rest of them 11-12-13 41 1 are not. 2 (Commissioner Moser left the meeting.) 3 MS. HARGIS: The State decided that it was a little 4 complicated in multi-county areas to require all the courts 5 to approve it, so they changed those requirements. But, 6 again, the D.A. wanted this presented to the Court for 7 approval. I have audited it, and it is true and correct. 8 COMMISSIONER BALDWIN: I've got a couple questions 9 before we -- under the expenditures, Item 6, number of 10 employees paid using forfeiture funds. There are four? Four 11 employees in the District Attorney's office that are paid by 12 these funds? 13 MS. HARGIS: Last year there were four. 14 COMMISSIONER BALDWIN: Yeah, okay. 15 MS. HARGIS: Last year there were four. 16 COMMISSIONER BALDWIN: And I guess that was this 17 total of 175,000? 18 MS. HARGIS: Yes. The current year, there will 19 only be one. 20 COMMISSIONER BALDWIN: Would that be the District 21 Attorney? 22 MS. HARGIS: No, that will be one of the 23 investigators. 24 COMMISSIONER BALDWIN: Okay. And the law -- the 25 law required this kind of report to come about in the 11-12-13 42 1 beginning, but it's no longer -- the law no longer requires 2 it? Is that what you said? 3 MS. HARGIS: No, they have to present the 4 forfeiture audit record every year, but they have changed the 5 requirement that it has to be approved by Commissioners 6 Court. 7 COMMISSIONER BALDWIN: I see. 8 MS. HARGIS: Because, again, the multi-county 9 situation, some of the counties that I ran into last year, 10 the ones that don't have an auditor were okay, but those that 11 had an auditor wanted to have their auditors audit again, so 12 it was like we had four audits going on in the 216th, 13 because -- and so they realized there was a problem 14 throughout the state. It wasn't just ours. So -- but the 15 198th wanted this, again, brought to the Court, because it 16 was a special committee. 17 COMMISSIONER BALDWIN: That's very honorable. 18 Thank you very much. 19 JUDGE TINLEY: Any other questions for Ms. Hargis? 20 COMMISSIONER OEHLER: We don't need to vote on 21 that? 22 MS. HARGIS: No. 23 COMMISSIONER OEHLER: You just brought it to us to 24 make us aware of it, just information. 25 JUDGE TINLEY: Okay. Thank you, ma'am. Let's go 11-12-13 43 1 to Item 12; consider, discuss, take appropriate action on 2 request from the Kerr County Roller Derby to continue to use 3 the show barn at the Hill Country Youth Event Center for 4 practices and events. I don't see Ms. Jones here. You have 5 any information about what the problem there is? 6 COMMISSIONER OEHLER: No, I don't. 7 COMMISSIONER LETZ: I think we put -- I don't think 8 there's a problem, but I think we put a three-month time on 9 it originally, and this is probably just to extend that. 10 COMMISSIONER OEHLER: I don't have a problem with 11 it, because they work with Jody on the scheduling so that 12 they don't conflict with anything. 13 COMMISSIONER BALDWIN: Let me ask you something, 14 though. Are they -- do they get a reduced rate? 15 COMMISSIONER OEHLER: Yes. 16 COMMISSIONER BALDWIN: Are they on our list? 17 COMMISSIONER OEHLER: Mm-hmm. 18 COMMISSIONER BALDWIN: And have they provided us 19 proof about the 501(c)(3)? 20 COMMISSIONER LETZ: I think they were getting all 21 that stuff. 22 COMMISSIONER BALDWIN: Yeah, they have not. 23 COMMISSIONER OEHLER: Want to extend it back -- 24 COMMISSIONER BALDWIN: I mean, I don't have 25 anything against them. They're just not playing by the 11-12-13 44 1 rules. 2 COMMISSIONER OEHLER: Yeah. Well, they need to 3 play by the rules. 4 COMMISSIONER BALDWIN: Well, I agree. 5 COMMISSIONER LETZ: We can just pass on this, and 6 they will come back and give us the information. 7 COMMISSIONER OEHLER: Sounds good to me. 8 JUDGE TINLEY: Okay, that brings us close enough to 9 our 9:45 timed item; consider, discuss, take appropriate 10 action to hire a bookkeeper to fill the budgeted position in 11 the Tax Assessor/Collector's Department, beginning salary of 12 19.1. 13 MS. BOLIN: Yes, sir, I brought this before the 14 court -- 15 JUDGE TINLEY: Ms. Bolin? 16 MS. BOLIN: -- at the end of August, and was 17 requested to bring it back after all of the job descriptions 18 were done. They've all been approved, and I would like to 19 hire for that position now. 20 COMMISSIONER LETZ: This is the spot that was an 21 accountant person? 22 MS. BOLIN: Correct. 23 COMMISSIONER LETZ: Or accounting background or 24 something like that. 25 MS. BOLIN: Correct. 11-12-13 45 1 COMMISSIONER LETZ: Move approval. 2 COMMISSIONER BALDWIN: Second. 3 JUDGE TINLEY: Motion made and seconded for 4 approval of the agenda item. Question or discussion? All in 5 favor, signify by raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: Motion carries. 10 MS. BOLIN: Thank you. 11 JUDGE TINLEY: Let's go to Item 14; consider, 12 discuss, take appropriate action to establish qualifications 13 and job description of the Kerr County Veteran Service 14 Officer. I put this on the agenda with Commissioner Letz to 15 move this position along. A question was raised, number one, 16 about should we require the Veteran Service Officer to be a 17 veteran? 18 COMMISSIONER BALDWIN: Sure. 19 JUDGE TINLEY: Absolutely, I think so. 20 COMMISSIONER LETZ: I agree. 21 JUDGE TINLEY: Ms. Lantz has been working with the 22 state people on job descriptions, and I think she's got that 23 pretty well boiled down, to at least her satisfaction, as to 24 what the job description should entail for that particular 25 individual. 11-12-13 46 1 COMMISSIONER BALDWIN: Judge, what is this -- where 2 did -- is this what we're talking about? Where did I get 3 this? Do I get confidential information -- 4 COMMISSIONER LETZ: You get confidential 5 information. 6 COMMISSIONER BALDWIN: -- that y'all don't? 7 COMMISSIONER OEHLER: You're the only one. 8 COMMISSIONER BALDWIN: I see. And this is mine. 9 COMMISSIONER OEHLER: You're not going to share it? 10 COMMISSIONER BALDWIN: Absolutely not. (Laughter.) 11 I'm the only one that knows. Of course, we've known that for 12 some time. 13 COMMISSIONER OEHLER: You just don't want to talk 14 about what you know. 15 COMMISSIONER BALDWIN: Yeah, no kidding. So, what 16 is it that we're doing? 17 JUDGE TINLEY: Establishing the qualifications and 18 job description for that Veteran Service Officer. 19 COMMISSIONER BALDWIN: Would that be this? 20 JUDGE TINLEY: Probably so. 21 COMMISSIONER LETZ: You're the only one that has 22 it. We have to rely on you to tell us. 23 COMMISSIONER OEHLER: You want us to vote for 24 something we haven't seen? 25 COMMISSIONER BALDWIN: Yeah, absolutely. 11-12-13 47 1 JUDGE TINLEY: That's the way we always do it. Big 2 boys do it that way. 3 COMMISSIONER OEHLER: Yeah. 4 COMMISSIONER BALDWIN: You have to approve it to 5 know what's in it. (Laughter.) 6 COMMISSIONER OEHLER: Oh, like the government. You 7 approve it; they tell you what it says later. Hmm. 8 COMMISSIONER LETZ: Ms. Lantz, where are we on -- 9 where are you on the job description? 10 MS. LANTZ: Well, that's that last sheet you had 11 two Commissioners Courts previous that I had given you, and I 12 guess you handed out to the Court. 13 COMMISSIONER LETZ: That all got thrown away. 14 MS. LANTZ: That's exactly what Commissioner Moser 15 has. 16 COMMISSIONER OEHLER: That's Commissioner Moser 17 over there? 18 MS. LANTZ: I mean -- 19 COMMISSIONER BALDWIN: Oh, no. That did it. 20 COMMISSIONER LETZ: Would you make three more 21 copies, please? 22 MS. LANTZ: Yes. 23 COMMISSIONER BALDWIN: That did it. 24 COMMISSIONER LETZ: The -- while we're waiting on 25 those copies, there was quite a range of salary that we 11-12-13 48 1 talked about in the budget. I know there's a -- you know, 2 how are we going to determine -- 3 COMMISSIONER OEHLER: Probably what certifications 4 they have. 5 COMMISSIONER LETZ: -- qualifications? And, I 6 mean, it's kind of one of those things that we're creating a 7 new spot. Seems like we put a fair amount, I know, in the 8 budget to be able to accomplish -- you know, give us some 9 flexibility, but I guess how are we going to go to the next 10 step? We approve a job description? 11 JUDGE TINLEY: We need to wait until Ms. Lantz gets 12 back in here, because she's had those discussions with other 13 V.S.O.'s, and also the Veterans Commission. I think there 14 are levels of certification that come into play. 15 COMMISSIONER LETZ: Right. 16 JUDGE TINLEY: And that's what we were looking at 17 initially. Depending upon the level of certification, that 18 would determine the level of compensation. 19 COMMISSIONER BALDWIN: I think it was kind of 20 hopeful, though, to find any kind of certification. I mean, 21 it was like you hire somebody; hopefully they -- which that 22 certification doesn't come for a number of years, if I 23 remember right. 24 JUDGE TINLEY: Yeah. 25 COMMISSIONER BALDWIN: Like, five years -- 11-12-13 49 1 COMMISSIONER LETZ: Yeah. 2 COMMISSIONER BALDWIN: -- or something. And, you 3 know, you get into criteria like education, you know, kind of 4 like the old coach back there. You know, he has -- he has 5 degrees running out his ears, and he's a real estate man and 6 part-time announcer. But do you say that the guy has to have 7 -- or if he has more education, then he bumps up a couple of 8 points on past somebody else? But if he doesn't have an 9 education in the particular field, what good does education 10 do? 11 COMMISSIONER LETZ: Well, I would agree. 12 JUDGE TINLEY: Well, you know, it's going to be a 13 matter of this Court setting that salary. It's going to come 14 back here. 15 COMMISSIONER BALDWIN: Yeah, I understand that. 16 JUDGE TINLEY: So we'll have another shot at it. 17 COMMISSIONER BALDWIN: I understand. 18 COMMISSIONER LETZ: I think the -- two things. 19 One, I've got a -- glancing through this, I have some 20 comments on this. But also, should we open this up to -- 21 even further to some of the veterans groups around? Or, I 22 mean, they've obviously given us a lot of input already. 23 COMMISSIONER BALDWIN: You mean for application? 24 COMMISSIONER LETZ: No, just for job -- 25 COMMISSIONER BALDWIN: Oh, I see. 11-12-13 50 1 COMMISSIONER LETZ: The job description, itself. 2 It's something they obviously have a lot of opinions as to 3 what we should be doing, because they -- or do we want to, I 4 mean, pretty much go off the -- I guess, Ms. Lantz, where did 5 you find this information? Let me go back that way. 6 MS. LANTZ: Basically, that information came from 7 several different counties. When this first started, Rosa 8 Lavender did put something together for the proposed 9 position's job description. So, between her and I, we worked 10 together, and as well as salaries. And she received some 11 figures as well, and I think that's kind of where this 12 description has come from. So, it's -- each job description 13 is dependent on the county, what specific needs they have. 14 Some have a lot more, some don't. So -- 15 JUDGE TINLEY: Did you get some guidelines from the 16 Veterans Commission? 17 MS. LANTZ: We did. 18 JUDGE TINLEY: Yeah. And this includes everything 19 within those guidelines? 20 MS. LANTZ: Yes. So, it's a starting point. And 21 there again, we can redo it as needed, or it's just -- since 22 we didn't have anything, it's a starting criteria. 23 COMMISSIONER BALDWIN: Jon, to answer your 24 question, I think I'd be negative about opening it up to just 25 everybody to make comments. Hell, we'll be here another 10 11-12-13 51 1 years trying to put this thing together. 2 COMMISSIONER OEHLER: I think the due diligence 3 part's already been done. 4 COMMISSIONER BALDWIN: I do too. This is a lot of 5 stuff right here. 6 COMMISSIONER OEHLER: Yeah. And, you know, we want 7 to get the best person we can that's going to be the most 8 effective, because if we just -- if we don't, then we're 9 defeating our own purpose. 10 COMMISSIONER LETZ: On the certification, it says 11 special requirements, certification by Texas Veterans 12 Commission. But it seems to me during our earlier 13 discussions on this, there was several certifications related 14 to access to V.A. information, and I don't see that on here. 15 MS. LANTZ: I think there's three certain levels; 16 your entry level, your certified level, and then your 17 accredited level, and those are the stages that you go, as 18 far as where you start. 19 COMMISSIONER LETZ: I think we need to have those 20 three levels in the job description somewhere, that they're 21 -- I mean, the person should be expected, if they don't have 22 the accredited certification, that they should be trying to 23 get that. I think that's kind of the -- 24 JUDGE TINLEY: Probationary period in which to 25 acquire it. 11-12-13 52 1 COMMISSIONER LETZ: Yes. Because, I mean, you 2 know, from talking to the veterans and some other 3 organizations that deal with the veterans, if you're not 4 accredited, it's very limited how helpful you can be. 5 COMMISSIONER OEHLER: That's what I'm saying. 6 COMMISSIONER LETZ: So we need to -- you know, I 7 really want them to be accredited to start with. 8 COMMISSIONER BALDWIN: But it takes -- if you 9 remember the conversation in here, it takes five years to get 10 that done. 11 COMMISSIONER LETZ: But there may be -- there 12 may -- 13 COMMISSIONER BALDWIN: But if you have somebody out 14 there already accredited, of course, that's what you want. 15 COMMISSIONER OEHLER: I think there are those 16 people out there. 17 COMMISSIONER LETZ: I think there's some out there 18 that are accredited. 19 COMMISSIONER BALDWIN: Cool. 20 COMMISSIONER OEHLER: Or some that are close, 21 anyway. We need to get somebody as close to accredited as 22 possible. 23 COMMISSIONER BALDWIN: I agree. 24 COMMISSIONER LETZ: The other -- on the working 25 conditions, I'd like to see that expanded a little bit more. 11-12-13 53 1 From those that I've talked with, it is -- yes, it is an 2 office job, but it's also -- a high percentage of their time 3 should be out in the community at events. And I want to make 4 sure it's real clear that whoever's in this job needs to be 5 at veterans organization functions and out in the community 6 finding the people that need the help. I don't want -- 7 JUDGE TINLEY: Outreach programs. 8 COMMISSIONER LETZ: Outreach programs. I don't 9 want them sitting in an office waiting for veterans to come 10 here. From what what I've been told, that won't happen. 11 COMMISSIONER OEHLER: We've all been told that 12 they're not going to get the participation if they wait for 13 them to come. They've got to go to them. 14 COMMISSIONER LETZ: We need to expand working 15 conditions and that part of the expectations, to me. 16 JUDGE TINLEY: I failed to add something on the 17 qualifications a little bit ago on must be a veteran. An 18 honorably discharged veteran. 19 COMMISSIONER BALDWIN: Yeah, I agree. 20 COMMISSIONER OEHLER: I think it has that in here, 21 doesn't it? 22 COMMISSIONER LETZ: Yes. Or a -- or could be a 23 widow -- I mean, the paragraph right towards the bottom 24 addresses that. And I don't know -- 25 COMMISSIONER OEHLER: I think it says -- 11-12-13 54 1 COMMISSIONER LETZ: Expands it a little bit beyond 2 just being a veteran. 3 JUDGE TINLEY: Yeah, okay. Want to let her work on 4 that some more and bring her back? 5 COMMISSIONER LETZ: Bring it back. I'd like to see 6 a salary range based on certain -- that you can find from, 7 you know -- 8 MS. LANTZ: I have those. 9 COMMISSIONER LETZ: Based on accreditation, 10 background or experience. 11 JUDGE TINLEY: Okay. 12 COMMISSIONER LETZ: 'Cause I think -- I mean, my 13 goal would be to have participation and have someone on board 14 in January. I don't think -- you know, sometime in that 15 period. 16 COMMISSIONER OEHLER: That would be -- 17 COMMISSIONER LETZ: Maybe the end of January, by 18 the time -- with the holidays coming up. 19 JUDGE TINLEY: Okay. Let's go to Section 4 of the 20 agenda. Payment of the bills. 21 COMMISSIONER LETZ: Judge, I move we pay the bills. 22 COMMISSIONER OEHLER: Second. 23 JUDGE TINLEY: I have a motion and second to pay 24 the bills. Do we have any question or discussion? All in 25 favor, signify by raising your right hand. 11-12-13 55 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: Motion carries, I don't have any 5 budget amendments. Don't have any late bills. I've been 6 presented with monthly reports as follows: Kerr County 7 payroll; County Clerk; Constable, Precinct 3, for September 8 and October; Constable, Precinct 1; J.P., Precinct 4; J.P., 9 Precinct 3; District Clerk; and Constable, Precinct 4. Do I 10 hear a motion that the indicated reports be approved as 11 presented? 12 COMMISSIONER BALDWIN: So moved. 13 COMMISSIONER OEHLER: Second. 14 JUDGE TINLEY: Motion made and seconded that the 15 indicated reports be approved as presented. Question or 16 discussion? All in favor, signify by raising your right 17 hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: Motion carried. Okay. Reports from 22 Commissioners, liaison assignments. Commissioner Letz? 23 COMMISSIONER LETZ: I don't believe I have 24 anything, Judge. 25 JUDGE TINLEY: Commissioner Oehler? 11-12-13 56 1 COMMISSIONER OEHLER: No, sir. 2 JUDGE TINLEY: Commissioner Baldwin? 3 COMMISSIONER BALDWIN: No, sir, thank you. 4 JUDGE TINLEY: How about elected officials or 5 department heads? 6 COMMISSIONER BALDWIN: Rusty? Ms. Hargis? 7 MS. HARGIS: I'm going to use the library this year 8 for the external auditors. Since, you know, we got all the 9 books boxed up, it's a place where we -- they can go and not 10 disturb anyone. We've had some problems, as you recall last 11 year, with having to move them around from spot to spot, and 12 I'd like to put them in one place so they can get through, 13 'cause they have to be done by January 31. 14 SHERIFF HIERHOLZER: The law library or public 15 library? 16 MS. HARGIS: The law library. 17 COMMISSIONER BALDWIN: Butt-Holdsworth? 18 SHERIFF HIERHOLZER: Yeah. 19 MS. HARGIS: The law library. They're only there 20 for about three, four days. 21 COMMISSIONER BALDWIN: That's probably a good idea. 22 MS. HARGIS: That way, they stay out of everybody's 23 way. They have their own computers and everything like that, 24 so they just need a spot. They also need to be able to lock 25 their -- you know, their files while they're there, so if 11-12-13 57 1 that's okay with the Court, that's what I plan to do. 2 JUDGE TINLEY: Okay, thank you. 3 COMMISSIONER BALDWIN: Does that bother the lawyers 4 in town? 5 MR. HENNEKE: Effectively, I mean, the library is 6 -- is closed pending further direction from the Court 7 about -- 8 COMMISSIONER BALDWIN: I see. 9 MR. HENNEKE: -- you know, what y'all would like to 10 do. 11 JUDGE TINLEY: Anything else to come before the 12 Court on this agenda? We're adjourned. 13 (Commissioners Court adjourned at 9:45 a.m.) 14 - - - - - - - - - - 15 16 17 18 19 20 21 22 23 24 25 11-12-13 58 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 13th day of November, 8 2013. 9 10 JANNETT PIEPER, Kerr County Clerk 11 BY: _________________________________ Kathy Banik, Deputy County Clerk 12 Certified Shorthand Reporter 13 14 15 16 17 18 19 20 21 22 23 24 25 11-12-13