1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, January 13, 2014 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: H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 TOM MOSER, Commissioner Pct. 2 24 JONATHAN LETZ, Commissioner Pct. 3 BRUCE OEHLER, Commissioner Pct. 4 25 2 1 I N D E X January 13, 2014 2 PAGE --- Commissioners' Comments 6 3 1.1 Consider/discuss, take appropriate action to 4 ratify and confirm resolution honoring 100th birthday of Elsie Mona Guthrie Kullenberg 9 5 1.2 Consider/discuss, take appropriate action for 6 Court’s approval to name private road Rio Seco Ranch Rd NW, Precinct 4 12 7 1.3 Consider/discuss, take appropriate action for 8 Court to accept preliminary revision of plat for Lot 117R of Falling Water, grant a variance on 9 road frontage for Lot 117A-R, and set a public hearing, Precinct 3 12 10 1.4 Consider/discuss, take appropriate action on 11 concept plan for revision of plat for Lot 14 of Verde Park Estates, Section II, and set a public 12 hearing for February 24, 2014 at 9:10 a.m. 15 13 1.5 Consider/discuss, take appropriate action to authorize Environmental Health/Animal Services 14 Director to reduce registration fee to $1 during annual rabies vaccination clinics being held 15 throughout the month of February 18 16 1.6 Consider/discuss, take appropriate action to ratify and confirm Notice to Proceed letter for 17 Kerrville South Wastewater Phase V project dated December 23, 2013 19 18 1.7 Consider/discuss, take appropriate action 19 regarding application for TxDOT grants to improve county roads per HB 1025, including authorization 20 to engage Allison, Bass & Associates, LLP, to facilitate CETRZ requirements and process 19 21 1.9 Consider/discuss, take appropriate action to 22 designate Commissioners' and Judge’s liaison appointments for calendar year 2014 22 23 1.10 Consider/discuss, take appropriate action to 24 file a request for Kerr County pro rata distribution of proceeds from Tobacco Settlement 25 Permanent Trust Account 25 3 1 I N D E X (Continued) January 13, 2014 2 PAGE 3 1.11 Consider/discuss, take appropriate action regarding insurance coverage for private events 4 at Hill Country Youth Event Center 26 5 1.12 Consider/discuss, take appropriate action to appoint an agent to act on behalf of Kerr County 6 for actions authorized by Commissioners Court 28 7 1.13 Consider/discuss, take appropriate action to designate an interim Emergency Management Director 30 8 1.14 Consider/discuss, take appropriate action to 9 approve contracts for another year with AirLife and Air Evac by offering payroll deduction to 10 employees through county payroll system 32 11 1.15 Discussion regarding Commissioners Court decision to request County Attorney Rob Henneke to continue 12 as County Attorney until the March primary 33 13 4.1 Pay Bills 36 4.2 Budget Amendments 36 14 4.3 Late Bills -- 4.4 Approve and Accept Monthly Reports 38 15 5.1 Reports from Commissioners/Liaison Committee 16 Assignments 38 5.2 Reports from Elected Officials/Department Heads 44 17 1.8 Consider/discuss, take appropriate action on 18 Kerr County’s breach of settlement agreement and request to accept Hatari Safari as a 19 sanctuary/shelter 50 20 1.19 Discuss long-term lease with Kerrville Youth Baseball Softball Association (Executive Session) 64 21 1.20 Consider/discuss, take appropriate action on 22 Request For Proposal for emergency medical services (Executive Session) -- 23 1.16 Consider/discuss, take appropriate action 24 regarding capital projects, including expenditure of funds 65 25 4 1 I N D E X (Continued) January 13, 2014 2 PAGE 3 1.17 Consider/discuss, take appropriate action on order expressing official intent to reimburse 4 with tax-exempt obligation proceeds for costs associated with constructing or acquiring various 5 public improvements in the county 84 6 1.18 Consider/discuss, take appropriate action on order authorizing publication of notice of 7 intention to issue certificates of obligation to finance various public improvements in the county 84 8 --- Adjourned 98 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 On Monday, January 13, 2014, 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: Good morning, ladies and 8 gentlemen. Hello. Good morning. Welcome to the 9 Commissioners Court. It's 9 a.m. now, January 13th, 2014. 10 We're in the Commissioners Courtroom. We welcome each and 11 every one of you. And for you new folks in here, we always 12 start our court sessions with a word of prayer and the pledge 13 of allegiance, so Commissioner Letz is doing that for us this 14 morning. 15 COMMISSIONER LETZ: Would everyone please stand? 16 (Prayer and pledge of allegiance.) 17 COMMISSIONER BALDWIN: Thank you. You may be 18 seated. At this time -- at this time, we open the session up 19 to anyone from the public that has anything they'd like to 20 appear before the Commissioners Court and let us know about. 21 We would like for you to fill out a form in the back, but if 22 you don't want to, don't. But at this time, we would 23 entertain you to come to the podium. And, Mr. Voelkel, would 24 you like to come to the podium and speak to us this morning? 25 MR. VOELKEL: Not yet. 1-13-14 6 1 COMMISSIONER BALDWIN: Okay. Find a place to sit 2 down, please. (Laughter.) Uh-oh, he's -- whew. 3 COMMISSIONER LETZ: Thought he was coming up. 4 COMMISSIONER BALDWIN: God, I thought he was going 5 to do it there for a second. Anyone that would like to come 6 before us this morning and speak to us? Hearing none, we'll 7 move to the comments from the Commissioners. Commissioner 8 Moser? Would you like to -- 9 COMMISSIONER MOSER: Well, thank you. East Kerr 10 County lost a pioneer this past week in Butch Lackey, born 11 and raised out there. He was instrumental in some things in 12 the community, so he will be missed tremendously. And that's 13 all I've got this morning. 14 COMMISSIONER BALDWIN: Thank you, sir. 15 COMMISSIONER LETZ: I just have kind of -- just a 16 general comment. Some of these items will be addressed a 17 little bit more specifically on the agenda, but as everyone's 18 aware, it seems -- specifically with the loss of Judge 19 Tinley, there's a lot of questions about how things will 20 operate going forward. I just want to make it clear to 21 everyone that all judicial responsibilities of the County 22 Judge are concurrently held by the County Court at Law Judge, 23 so all of those functions automatically are going over there. 24 Commissioner Baldwin and I have spoken with Spencer Brown, 25 and he certainly understands the situation, and already has 1-13-14 7 1 been taking over all of the probate, juvenile, and mental 2 health hearings. He will continue to do that until we have a 3 county judge that can be able to fill those responsibilities. 4 And Commissioners Court, while we all look at the County 5 Judge as kind of the -- the chairman or leader of the Court, 6 according -- by law and the Constitution, he's just one 7 member of the Court, so nothing changes from that standpoint. 8 The Commissioners Court still works in doing everything. All 9 responsibilities are -- are handled by the Commissioners now, 10 or the Court. Individually, we don't have the ability or the 11 authority, but as a group, we do, and we'll continue to 12 operate. There will be some items on the agenda that will 13 kind of refine that a little bit, some liaison positions, and 14 there will be a couple of spots that we do need to appoint a 15 designated individual, but I just wanted to let everyone know 16 that, you know, the County certainly will continue to operate 17 as it has, no changes with the loss of Judge Tinley. And 18 other than that, that's it. And there's quite a bit on the 19 agenda on this same topic. 20 COMMISSIONER BALDWIN: Commissioner Oehler? 21 COMMISSIONER OEHLER: Well, I was out of the 22 country when Judge Tinley passed, and I'm sorry that I was 23 not here, but we lost a true county judge that did an 24 excellent job. He applied himself in every aspect of the job 25 and gave us a lot of insight on things that maybe we didn't 1-13-14 8 1 think about earlier on. But he will be missed. And I -- I 2 will say he's one of the best county judges this county's 3 ever had, in my opinion. We will miss him, and our prayers 4 go with the family. That's it. 5 COMMISSIONER BALDWIN: Thank you very much. I want 6 to piggy-back on a couple of comments from you guys. The 7 issue of carrying the Commissioners Court forward -- the 8 county business forward, as Commissioner Letz said, he and I 9 went down and spoke with Judge Brown about carrying on those 10 issues that requires an attorney judge, and he just was so 11 nice about it, and is willing to serve. And I just -- I'm 12 just saying that if you have an opportunity to see Judge 13 Brown, thank him, because he really is -- it's a big deal 14 that he's taking over, and we appreciate him too. And he's 15 acting like it's just another day in paradise, and that's the 16 way those guys -- those old football players that have head 17 injuries do. (Laughter.) And -- and then talking about 18 Judge Tinley, incredible. I've served, I think, with four -- 19 I've lost track of all that, too. Us football players -- 20 COMMISSIONER LETZ: With head injuries. 21 COMMISSIONER BALDWIN: Head injuries. Judge Tinley 22 was one of those guys that was the most even keel guy I have 23 ever worked with. I was sorting some mail out there one day, 24 and there was an envelope to him, but they had "Patsy" -- 25 instead of Pat, it was Patsy. And from then on, y'all know, 1-13-14 9 1 in this courtroom every once in a while, just for fun, I'd 2 call him Patsy. He never missed a beat. He never smiled; he 3 never got mad or anything. Just like I never said anything. 4 COMMISSIONER MOSER: He considered the head injury. 5 COMMISSIONER BALDWIN: He considered it the head 6 injury and went on. And this yellow tablet that I found in 7 his drawer there the other day, I -- I don't know if you've 8 experienced this or not, but when he walks in this room with 9 that yellow tablet, somebody's going to get their butt chewed 10 out in a big way. And kind of -- kind of scared all of us. 11 Anyway, we're going to miss him dearly, and thank you guys 12 for saying that. So, let's get on with the agenda. The 13 first item is consider, discuss, and take appropriate action 14 to ratify and confirm a resolution honoring the 100th 15 birthday of Elsie Mona Guthrie Kullenberg. Now, Elsie's 16 birthday was December the 31st, and January 1st, I went to 17 her birthday party and presented her at that with this 18 resolution. But now that we've all signed it, we want a 19 little more formal thing, so we're going to go down front, 20 and I want you to join us down there, Elsie. 21 MS. KULLENBERG: Yes, sir. 22 COMMISSIONER BALDWIN: Front and center. 23 MS. KULLENBERG: Where do you want me? 24 COMMISSIONER BALDWIN: Right -- just right in here 25 somewhere. Let's see. Elsie, do you want to turn around 1-13-14 10 1 here? 'Cause there will be a -- 2 COMMISSIONER MOSER: She wants the podium. 3 COMMISSIONER BALDWIN: I know. I know. You cannot 4 talk today. So, the -- it'll turn into an Elsie Kullenberg 5 photo op. I know what it's going to be. So, anyway, here's 6 the resolution from Commissioners Court. A resolution of 7 Kerr County Commissioners Court honoring the 100th birthday 8 of Elsie Mona Guthrie Kullenberg. "Whereas, Elsie Mona 9 Guthrie Kullenberg entered this world in a cabin in Milam 10 County, Texas, on December the 31st, 1913; and whereas, her 11 circle of family, neighbors, and friends has multiplied due 12 to her zest for living, loving, laughing, and learning; and 13 whereas, her skills at creating beautiful quilts and 14 embroidery pieces have created memories and encouraged others 15 to create; and whereas, her skills and knowledge as a 16 community store owner has given her the title of Kerrville's 17 Mrs. Western Auto; and whereas, she has provided the skills 18 for others to follow in her strong and inspirational 19 footsteps; Now, therefore, be it revolved that Elsie 20 Kullenberg is a young 100-year-old lifelong citizen of Kerr 21 County. Kerr County Commissioners Court honors and pays 22 tribute to her inspirational service to the citizens of Kerr 23 County; and be it further resolved that the resolution was 24 read on the occasion of her 100th birthday celebration at the 25 Hill Country Shooting Range Air Hall, Kerrville, Texas, and 1-13-14 11 1 presented to her in the Commissioners Court after formal 2 adoption in January 2014." So, here you are with your 3 resolution. All the members of the Commissioners Court have 4 signed it. 5 MS. KULLENBERG: Thank you, Buster. 6 COMMISSIONER BALDWIN: We congratulate you and 7 thank you for who you are, and pretty girl. 8 MS. KULLENBERG: Well, gosh, thank all of you. 9 COMMISSIONER BALDWIN: Let's get some photos. 10 (Applause.) 11 COMMISSIONER BALDWIN: Everybody got it? Thank 12 you. Do you want to say something? 13 MS. KULLENBERG: No. I just want to thank all of 14 you for coming, and this is really a surprise. I had no idea 15 what they wanted when they asked me to come up here. So, I 16 thank all of you for coming. It's really a pleasure to see 17 you. 18 (Applause.) 19 COMMISSIONER LETZ: Commissioner Baldwin, I'll make 20 a -- pass a motion -- or make a motion to approve the 21 resolution. 22 COMMISSIONER OEHLER: Second. 23 COMMISSIONER BALDWIN: We have a motion and a 24 second to approve the resolution. All in favor, raise your 25 right hand. 1-13-14 12 1 (The motion carried by unanimous vote.) 2 COMMISSIONER BALDWIN: Motion carries. Thank you 3 very much, gentlemen. You folks are free do whatever you 4 want to do. This is still America. Item 2; consider, 5 discuss, take appropriate action for the Court's approval to 6 name private road Rio Seco Ranch Road Northwest, Precinct 4. 7 Mr. Odom? 8 MR. ODOM: Yes, sir. Mr. Morky applied to the 911 9 office on December the 19th, 2013, to name a private road Rio 10 Seco Ranch Road Northwest. There are four other property 11 owners. Mr. Morky has supplied letters from each individual 12 stating that they have no issues with this private road being 13 named Rio Seco Ranch Road Northwest. So, at this time, we 14 ask the Court for their approval to rename this private road 15 Rio Seco Ranch Road Northwest, Precinct 4. 16 COMMISSIONER OEHLER: Make a motion to approve. 17 COMMISSIONER BALDWIN: I have a motion. Is there a 18 second? 19 COMMISSIONER MOSER: Second. 20 COMMISSIONER BALDWIN: And second. All in favor, 21 raise your right hand. 22 (The motion carried by unanimous vote.) 23 COMMISSIONER BALDWIN: Motion carries. Thank you. 24 Item 3; consider, discuss, take appropriate action for the 25 Court to accept the preliminary revision of plat for Lot 117R 1-13-14 13 1 of Falling Water, Volume 7, Page 346, grant a variance on the 2 road frontage for Lot 117 A-R, and set a public hearing, in 3 Precinct 3. Mr. Odom? 4 MR. ODOM: Yes, sir. Mr. Hoekstra combined Lot 5 117A, which was 3.757 acres, and 116D, which was 2.937 6 acres -- that was on April the 24th of 2006 -- through a 7 revision of plat process, forming Lot 117R, for a combined 8 lot of 6.694 acres. In January of 2013, the property was 9 foreclosed on. Lot 117R was mortgaged with Wilmington Trust 10 Company, and Lot 116D was mortgaged with a different 11 financial company. Citi Mortgage would like to separate Lot 12 117R back into Lot 116D and Lot 117A. Proposed Lot 117A-R 13 has only 99.457 linear feet of road frontage, and the current 14 subdivision rules and regulations require a minimum of 150 15 linear feet of road frontage, so a variance is requested for 16 Lot 117A-R. Lot 116D-R has 250.31 linear feet of road 17 frontage. So, at this time, we ask the Court to accept the 18 preliminary revision of plat for 117R, Falling Water, Volume 19 7, Page 346, grant a variance for Lot 117A-R regarding road 20 frontage, and set a public hearing for Monday, February the 21 24th, 2014, at 9 a.m. 22 COMMISSIONER BALDWIN: Seems to me there's three 23 different issues here. Do we do them all -- you want us to 24 do all of them at one time? 25 MR. ODOM: Yes, sir. That's -- 1-13-14 14 1 COMMISSIONER BALDWIN: What's the proper thing to 2 do here? 3 COMMISSIONER LETZ: Well, I -- I think we can 4 probably do it under one agenda item, the way the agenda 5 item's worded. 6 COMMISSIONER BALDWIN: Somebody get busy. 7 COMMISSIONER LETZ: I make a motion to approve the 8 agenda item. 9 COMMISSIONER MOSER: Second. 10 COMMISSIONER LETZ: And set the public hearing for? 11 MR. ODOM: February 24, 2014, at 9 a.m. 12 COMMISSIONER LETZ: That date. 13 COMMISSIONER BALDWIN: Very good. Motion and 14 second. All in favor, raise your right hand. 15 (The motion carried by unanimous vote.) 16 COMMISSIONER BALDWIN: Motion carries. Thank you. 17 MR. ODOM: Thank you. 18 COMMISSIONER LETZ: I'll make a comment for -- for 19 the record, that the only reason for a variance in this 20 situation is that we're getting the lots back to the 21 original -- 22 MR. ODOM: To the original size. 23 COMMISSIONER LETZ: -- original size and location. 24 And the rules changed from the time they originally put -- 25 the current rules, and so we're not -- you know, it's not -- 1-13-14 15 1 it's a variance, but it's getting it back to the way it was 2 originally. 3 COMMISSIONER MOSER: Right. 4 MR. ODOM: That was in the early part of 2000, 2003 5 or something like that. 6 COMMISSIONER LETZ: Right. 7 COMMISSIONER BALDWIN: Okay. Is that it? Item 8 1.4; consider, discuss, take appropriate action on concept 9 plan for a revision of plat for Lot 14 of Verde Park Estates, 10 Section 2, in Kerr County, Texas, and set a public hearing on 11 February -- for February 24th, 2014, at 9:10 a.m. 12 Commissioner Letz? 13 COMMISSIONER LETZ: This is actually -- it's in 14 Commissioner Moser's area, but last week I attended a meeting 15 about it, so I can kind of go over it. He and I have been, I 16 guess, both to several meetings on this topic. This is a 17 situation -- I think it came before us once before where one 18 tract was sold to two people. It was -- the whole property 19 was sold to one individual, and then the individual -- the 20 lady was under a contract to purchase, and then another 21 lady -- and then the lady sold it again. Actually, 22 vice-versa; sold the small tract first, then the big tract. 23 Anyway, it's not the fault of either of the purchasers. They 24 were not aware of it, because it was a contract for deed. It 25 was not filed of record originally. 1-13-14 16 1 What we're doing here is trying to divide it out. 2 The property owners have agreed to this division. There's 3 two owners; both of them live on the property, and the -- the 4 plat that was attached as backup is the agreed way to divide 5 it. Now, I think it's -- it's not a great situation. These 6 lots are smaller than our rules allow. But I think it is the 7 most equitable and the best thing do in this situation. 8 We're not adding any homes or allowing an additional home to 9 be put anywhere. We're just trying to make it work. The 10 properties will have their septics if they're brought up to 11 current standards, both tracts. I visited with the 12 Environmental Health Department on this, working on that to 13 see where they are on septic, but before we went too far 14 along and those individuals spent any money on septic and 15 other related issues, I wanted to bring it to the Court to 16 make sure the Court is comfortable with this setup, 'cause it 17 is a little bit of an odd situation. 18 COMMISSIONER MOSER: Yeah. Let me add to that, 19 also. I think Commissioner Letz very well defined what was 20 happening there. And also in the area, there are a number of 21 other tracts within that subdivision that are the same size, 22 so we're not deviating from anything that's not the norm 23 there. We're trying to fix something that was a mistake, so 24 I think it's -- it's to the benefit of the property owners 25 and the County that we have a public hearing and move forward 1-13-14 17 1 on this thing. 2 COMMISSIONER BALDWIN: So, is -- 3 COMMISSIONER MOSER: So, I -- I make a motion that 4 we hold the public hearing as recommended by -- 5 COMMISSIONER LETZ: We're just doing the concept. 6 We're not doing a public hearing; we're just doing a concept 7 plan here, so we don't need -- we just want to -- we really 8 don't require action, I don't think, on this one. We just 9 wanted to make sure the Court -- I want to make sure the 10 Court is fully aware of the situation, and then Road and 11 Bridge can continue, and the individuals, on getting their 12 preliminary, going through the alternate plat process. I 13 believe it's a small tract, and we'll require a public 14 hearing because it's in the existing subdivision. 15 COMMISSIONER BALDWIN: No variance required in 16 this? Not yet. 17 COMMISSIONER LETZ: Not yet. But there'll be a 18 variance to the lot size at the preliminary and final plat. 19 COMMISSIONER MOSER: Okay. 20 COMMISSIONER OEHLER: So we don't set the public 21 hearing till they bring the preliminary? 22 COMMISSIONER LETZ: Right. 23 COMMISSIONER BALDWIN: Okay. We'll move along, 24 then. 25 COMMISSIONER LETZ: Before I say that, is that 1-13-14 18 1 correct, Lee? Don? Whichever one of y'all -- we don't need 2 to do a public hearing today? 3 MR. VOELKEL: That's correct. 4 COMMISSIONER MOSER: And let me thank Commissioner 5 Letz for picking up the ball on that last week, 'cause of -- 6 thank you. 7 COMMISSIONER LETZ: Okay. 8 COMMISSIONER BALDWIN: Item 1.5; consider, discuss, 9 take appropriate action to authorize the Environmental 10 Health/Animal Service Director to reduce the registration fee 11 to $1 during the annual rabies vaccination clinics being held 12 throughout the month of February. Mr. Garcia? 13 MR. GARCIA: Yes. Good morning. It is again 14 February for the annual vaccination clinic, and we are 15 requesting that we have the fee reduced to one dollar during 16 this annual vaccination clinic. 17 COMMISSIONER OEHLER: I make a motion to approve. 18 COMMISSIONER LETZ: Second. 19 COMMISSIONER MOSER: Is that the thing that we've 20 done in the past, Ray? 21 MR. GARCIA: Yes, sir. 22 COMMISSIONER MOSER: Okay, thanks. 23 COMMISSIONER BALDWIN: We have a motion and a 24 second. If you agree, raise your right hand. 25 (The motion carried by unanimous vote.) 1-13-14 19 1 COMMISSIONER BALDWIN: Motion carries. Thank you. 2 MR. GARCIA: Thank you. 3 COMMISSIONER BALDWIN: Item 1.6; consider, discuss, 4 take appropriate action to ratify and confirm Notice to 5 Proceed letter for the Kerrville South Wastewater Phase V 6 project dated December 23, 2013. This is one of those deals 7 where it's needed to have that letter set out there so that 8 they could continue -- start their work on this project. And 9 it's a letter -- it serves as official notice to proceed for 10 the wastewater project. And I signed it and it's gone, and 11 they have begun their work, and now we're going to ratify it. 12 So, I move that for approval. 13 COMMISSIONER MOSER: Second. 14 COMMISSIONER BALDWIN: Motion and a second. All in 15 favor, raise your right hand. 16 (The motion carried by unanimous vote.) 17 COMMISSIONER BALDWIN: None opposed. Motion 18 carries. Thank you. 19 COMMISSIONER MOSER: Saved you. 20 COMMISSIONER OEHLER: Yeah. 21 COMMISSIONER BALDWIN: Item 1.7; consider, discuss, 22 and take appropriate action regarding application for TexDOT 23 grants to improve county roads per House Bill 1025, including 24 authorization to engage Allison Bass and Associates to 25 facilitate the CETRZ requirements and processes. Mr. 1-13-14 20 1 Henneke? 2 MR. HENNEKE: Thank you, gentlemen. In December, 3 y'all passed along information about applying for these 4 TexDOT grants that are related to the oil and gas revenue 5 being generated down in the Permian Basin at Eagle Ford 6 Shale. That money's been made available to counties for road 7 work. I looked at it. I've also conferred with -- with 8 Ms. Lavender, and believe it or not, what should be a 9 straightforward application process has been made rather 10 cumbersome -- 11 COMMISSIONER MOSER: Surprise. 12 MR. HENNEKE: -- by Texas Department of 13 Transportation, involving setting up of certain public 14 hearings and some other deadlines and requirements that are a 15 lot different than the usual grant process. There's a firm 16 that has approached us that specializes in this. They made a 17 proposal; they only get paid after -- if Kerr County receives 18 the grant money, and Kerr County may be eligible for 19 121,000-plus in grant funds. So, given the complexity that 20 TexDOT has made this, and the fact that there's no cost to 21 the county unless the grant money is awarded and received by 22 the county, it would be my recommendation that we engage this 23 firm to make sure that -- that the process is done correctly 24 and -- and we move forward with seeking these moneys. 25 COMMISSIONER MOSER: Is this the only firm that's 1-13-14 21 1 providing this service? 2 MR. HENNEKE: Probably not, but they're one that 3 are known and working with local governmental entities. And 4 I'll remind you, just like with redistricting, when we looked 5 at that, we -- we chose to go with Bickerstaff at the time, 6 because they had streamlined the process and were able to 7 offer it at a much cheaper package than we could do in-house 8 or with someone else. So, it's a flat fee. And like I said, 9 they don't get paid anything unless -- unless they deliver 10 the money. 11 COMMISSIONER BALDWIN: I'd like to just read this 12 one sentence, and it agrees with what you said. "It is 13 estimated that Kerr County is eligible for a minimum grant of 14 $121,000." So, that sounds like a pretty good hook out there 15 to me. 16 MR. HENNEKE: We should -- 17 COMMISSIONER OEHLER: I believe the maximum it will 18 cost us is five -- I'm not sure. 5,000 maximum? 19 MR. HENNEKE: And only if that money is received. 20 COMMISSIONER OEHLER: Only if we're successful. 21 MR. HENNEKE: Right. 22 COMMISSIONER MOSER: Okay, good point. So, $5,000 23 cap on their fee? 24 MR. HENNEKE: Mm-hmm. 25 COMMISSIONER MOSER: Oh. 1-13-14 22 1 COMMISSIONER LETZ: I'll make a motion that we 2 engage with Allison Bass and Associates to apply for the 3 grant under House Bill -- available to Kerr County under 4 House Bill 1025, with the fee to be paid out of the proceeds, 5 should Kerr County be awarded some of the proceeds. And 6 those fees to Allison Bass and Associates be capped at 5,000, 7 only paid if they're successful. 8 COMMISSIONER MOSER: I second. 9 COMMISSIONER BALDWIN: Motion and second. 10 COMMISSIONER LETZ: And authorize Commissioner 11 Baldwin to sign our agreement. 12 COMMISSIONER BALDWIN: Okay. We have a motion and 13 a second. Is there any further discussion? Anybody from the 14 audience want to discuss it? All in favor, raise your right 15 hand. 16 (The motion carried by unanimous vote.) 17 COMMISSIONER BALDWIN: Motion carries. Thank you. 18 Okay. We're going to skip over 1.8. 1.9; consider, discuss, 19 take appropriate action to designate Commissioners' and 20 Judge's liaison appointments for various functions for 21 calendar year 2014. That would be my agenda item, and it's 22 pretty clear what it's talking about. So, in your backup, 23 you have a list of liaison appointments in there, and as we 24 go through them, we -- I want you to notice that at the very 25 bottom, we've added the Victim and Indigent Services office 1-13-14 23 1 to -- to have a liaison for that -- that particular office to 2 the Commissioners Court. Who wants to -- 3 COMMISSIONER LETZ: I just -- I'll make a comment. 4 I think we need -- obviously, we need to do this; we do it 5 every year. But I think this year is a little bit different, 6 in that we probably should bring this back later in the year 7 when I would anticipate that we have a county judge. But at 8 this time, I'm happy with everything that I'm doing. 9 COMMISSIONER MOSER: I would volunteer to do the 10 Information Technology if something were to arise until that 11 time. 12 COMMISSIONER LETZ: Okay. 13 COMMISSIONER MOSER: Okay. 14 COMMISSIONER LETZ: The other one that it looks 15 like we need someone on is Juvenile Detention Facility. 16 COMMISSIONER MOSER: Mm-hmm. 17 COMMISSIONER LETZ: Anybody have a great interest 18 in that? 19 COMMISSIONER OEHLER: Buster should. 20 COMMISSIONER LETZ: Commissioner Baldwin? 21 COMMISSIONER BALDWIN: Done. 22 COMMISSIONER LETZ: Everything else I think will 23 stay -- I mean, from my standpoint, will stay as-is. 24 COMMISSIONER BALDWIN: Anything, Mr. Oehler? I 25 think you've spoken enough, actually. (Laughter.) 1-13-14 24 1 COMMISSIONER OEHLER: I'm done. It worked. 2 COMMISSIONER BALDWIN: Yeah. Do you have any 3 others -- 4 COMMISSIONER MOSER: No, just that. 5 COMMISSIONER BALDWIN: -- that you want to do right 6 now? 7 COMMISSIONER MOSER: No. 8 COMMISSIONER BALDWIN: Can we do that last one, the 9 Victims and Indigent Services? Can we -- one of y'all jump 10 in there right quick. 11 COMMISSIONER MOSER: I'll be happy to do that. 12 COMMISSIONER BALDWIN: That would be Number 2. 13 COMMISSIONER MOSER: Okay. 14 COMMISSIONER BALDWIN: So, I -- do we -- do we need 15 a court order now for those two or three changes? 16 COMMISSIONER LETZ: I think so. I think I'll make 17 a motion that we adjust the liaison responsibilities as 18 noted. 19 COMMISSIONER OEHLER: Second. 20 COMMISSIONER BALDWIN: So, we have a motion and a 21 second. Any further discussion? Hearing none, all in favor, 22 raise your right hand. 23 (The motion carried by unanimous vote.) 24 COMMISSIONER BALDWIN: Motion carries. Item 25 1.10; consider, discuss, and take appropriate action to file 1-13-14 25 1 a request for Kerr County pro rata distribution of proceeds 2 from the Tobacco Settlement Permanent Trust fund. 3 Mrs. Hargis? You are the Kerr County Auditor. 4 MS. HARGIS: Yes, sir. 5 COMMISSIONER BALDWIN: And thank you for being 6 here. 7 MS. HARGIS: Thank you. Thank you for having me. 8 Good morning. You have in front of you the tobacco -- that's 9 really the tobacco grant that we get every year, and it has 10 been completed. I just need you to approve our application 11 for the grant. Those are the funds that we have spent that 12 they require us to report for last year, and that we send 13 this in, and that enables us to get our annual grant. It has 14 -- when I first came here, it was rather substantial, but now 15 it's -- it's about 20,000, 20,000 to 26,000. So, it's not a 16 huge grant. It was, I think, close to 200,000 when it first 17 got here. But as the proceeds from the -- what the State of 18 Texas receive go down, then, of course, our proceeds -- our 19 portion goes down. 20 COMMISSIONER LETZ: I'll make a motion to approve 21 the grant application as submitted. 22 COMMISSIONER MOSER: Second. 23 COMMISSIONER BALDWIN: And file a request? 24 COMMISSIONER LETZ: Yes. 25 COMMISSIONER BALDWIN: We have a motion and second. 1-13-14 26 1 Any further discussion? All in favor, raise your right hand. 2 (The motion carried by unanimous vote.) 3 COMMISSIONER BALDWIN: Motion carries. Thank you, 4 gentlemen. Stand by. Item 1.11; consider, discuss, and take 5 appropriate action regarding insurance coverage for private 6 events at the Hill Country Youth Event Center. This is 7 Mrs. Grinstead, if you guys don't recognize her. It's the 8 first time she has stood there -- 9 MS. GRINSTEAD: Ever. 10 COMMISSIONER BALDWIN: -- to address the 11 Commissioners Court. 12 MS. GRINSTEAD: So be nice. 13 COMMISSIONER BALDWIN: Yeah, we're going to be 14 nice. But I also want to point out that it may be the only 15 time we have any control over you. (Laughter.) 16 COMMISSIONER MOSER: Who said we did? 17 COMMISSIONER BALDWIN: Well, we're going to try 18 right here, yeah. So, take your liberty, ma'am. 19 MS. GRINSTEAD: As you know, when we have private 20 parties out at the Youth Event Center, we require the people 21 to purchase liability insurance for their event, and we've 22 always used Specialty Program Insurers. This year, they have 23 decided to give additional coverage -- or offer additional 24 coverage, basically for terrorist attacks. And after 25 speaking with the County Attorney and Specialty Program 1-13-14 27 1 Insurers, it's our recommendation to decline that. She 2 basically said since 9/11, they've never approved one at all, 3 so kind of no need to spend the additional sum, even though 4 it's a tiny -- it's not much money at all. But it's kind of 5 not worth the effort. But we have to formally either accept 6 or decline their -- 7 COMMISSIONER BALDWIN: I agree that we need to 8 decline it. 9 COMMISSIONER LETZ: I'll make a motion that we 10 decline requiring a terrorism rider for liability insurance. 11 MR. HENNEKE: Jody, the Court needs to approve 12 renewal of the policy, except not with -- 13 COMMISSIONER LETZ: And approve the standard policy 14 with Specialty -- Specialty Program Insurers. 15 COMMISSIONER OEHLER: Second. 16 COMMISSIONER BALDWIN: We have a motion and second. 17 Any further discussion? What -- what triggered my thinking 18 on the thing to deny this was the fact that in Boston at the 19 marathon, that bombing is not even considered a terrorist 20 act, so what in the hell would it take a terrorist act in 21 Kerrville? What would it take to get this insurance going? 22 COMMISSIONER MOSER: Don't challenge anybody. 23 COMMISSIONER BALDWIN: I'm not. I'm not. So, all 24 in favor, raise your right hand. 25 (The motion carried by unanimous vote.) 1-13-14 28 1 COMMISSIONER BALDWIN: Motion carries. Thank you 2 very much. Item 1.12; consider, discuss, and take 3 appropriate action to appoint an agent to act on behalf of 4 Kerr County for actions authorized by the Commissioners 5 Court. Commissioner Letz? 6 COMMISSIONER LETZ: I put this on the agenda. It's 7 not a requirement, in my mind, but something that might make 8 things a little bit easier, such as the letter that came 9 through for the -- that Commissioner Baldwin signed and we 10 approved after the fact. And it's really whether somebody on 11 the Court wants to kind of have a -- a blanket signature 12 authority on standard matters. That person would certainly 13 always need to come to the Commissioners Court and get 14 approval on most items, and certainly that person, whichever 15 one of the Commissioners, would certainly have the ability to 16 require that and call a special meeting if need be. But 17 there's some things that are kind of standard type things, 18 and occasionally we forget to -- 19 COMMISSIONER MOSER: Put it on. 20 COMMISSIONER LETZ: -- put it on the agenda or, 21 say, authorize Commissioner Baldwin or someone to sign it. 22 This way, at least there's something of record. To me it 23 would make sense, and I think Commissioner Baldwin, as the 24 ranking member of the Court, would be the most logical 25 choice. 1-13-14 29 1 COMMISSIONER BALDWIN: Did you say by a logical 2 court? 3 COMMISSIONER MOSER: So, is that a motion? 4 COMMISSIONER LETZ: That's a motion. 5 COMMISSIONER BALDWIN: What is the motion? 6 COMMISSIONER LETZ: The motion is to authorize 7 Commissioner Baldwin -- what's the -- 8 COMMISSIONER BALDWIN: Now, I understand that -- 9 the way I read the attorney's opinion is that most of those 10 issues come through Commissioners Court first. 11 COMMISSIONER LETZ: Right. 12 COMMISSIONER BALDWIN: So they're authorized. 13 COMMISSIONER LETZ: Yeah. 14 COMMISSIONER BALDWIN: So I'm not signing something 15 that you didn't agree with. 16 COMMISSIONER LETZ: Right. The -- the motion would 17 be to authorize Commissioner Baldwin to sign on behalf of 18 Commissioners Court for items that have been approved by 19 Commissioners Court. 20 COMMISSIONER OEHLER: Okay. 21 COMMISSIONER BALDWIN: That's good. 22 COMMISSIONER OEHLER: Now I'm with you. 23 COMMISSIONER BALDWIN: We have a motion. 24 COMMISSIONER MOSER: I second that. 25 COMMISSIONER BALDWIN: And a second. Any further 1-13-14 30 1 discussion? All in -- 2 COMMISSIONER LETZ: And as a -- one of the type of 3 things I'm talking about would be -- I deal with them a lot, 4 and so does Commissioner Moser. We have a lot of grants 5 outstanding, and a lot of those require, you know, kind of 6 update letters to -- and that's the type of thing 7 Commissioner Baldwin, at his discretion, may or may not -- 8 you know, if it's not changing anything, it's just a matter 9 of updates and administrative issues, to me this would cover 10 that as well. But if it requires authority of the Court, it 11 certainly would come to the Court. 12 COMMISSIONER MOSER: Right. 13 COMMISSIONER BALDWIN: Motion and second. All in 14 favor, raise your right hand. 15 (The motion carried by unanimous vote.) 16 COMMISSIONER BALDWIN: Motion carries. Thank you, 17 and I love y'all. That's difficult to say sometimes. Item 18 13; consider, discuss, and take appropriate action to 19 designate an interim Emergency Management Director. 20 Commissioner Letz? 21 COMMISSIONER LETZ: One of the things that the 22 County Judge does that's kind of a little bit -- not part of 23 the -- or I guess part of Commissioners Court, but not 24 directly, is that he is the County's Emergency Management 25 Director. Certainly, I hope we don't have an emergency in 1-13-14 31 1 the near future that requires something, but this individual 2 is, I think, officially the public information officer; helps 3 coordinate things. A lot of that work is done with the -- 4 with the City of Kerrville, like the Fire Chief is kind of 5 the main operating-type person, or -- 6 COMMISSIONER MOSER: Emergency Management 7 Coordinator. 8 COMMISSIONER LETZ: -- coordinator. Anyway, but I 9 think we need to have somebody, because if something does 10 happen, we have to have a system in place. And I know that 11 Commissioner Moser has done a lot of work on this, and I 12 think he'd be a good choice for that. He's familiar with it. 13 I talked with the City Manager the other day, and I believe 14 the City is already planning to do a kind of a test run of 15 the whole emergency management system, probably in February. 16 And I think that it is critical that we have someone in place 17 the county level to fill -- step into those -- fill in those 18 responsibilities and participate in that exercise. So, I'd 19 make a motion to appoint Commissioner Moser as the Emergency 20 Management Director. 21 COMMISSIONER BALDWIN: I second that motion. Any 22 further discussion? 23 MR. HENNEKE: Just to point out -- I think y'all 24 have it, but the form -- I talked to the Department of Public 25 Safety, the Homeland Security folks in Austin about this, and 1-13-14 32 1 the form that was attached to my memorandum to you gentlemen 2 is what needs to be filled out and submitted so that they can 3 update their file with the new designation. 4 COMMISSIONER LETZ: And the motion includes 5 authorization for Commissioner Baldwin to sign such 6 documentation. 7 COMMISSIONER BALDWIN: Okay. Okay, we have a 8 motion and second. All in favor, raise your right hand. 9 (The motion carried by unanimous vote.) 10 COMMISSIONER BALDWIN: Motion carries. Thank you 11 very much. Thank you for your service, Mr. Moser. 12 COMMISSIONER MOSER: Yes, sir. 13 COMMISSIONER BALDWIN: Item 14; consider, discuss, 14 take appropriate action to approve contracts for another year 15 with AirLIFE and Air Evac by offering payroll deduction to 16 employees through the county payroll system. Dawn Lantz. 17 MS. LANTZ: Good morning, Commissioners. This is 18 just the renewal of the AirLIFE and Air Evac which we offer 19 to our employees. They can either participate through our 20 payroll deduction system or do it on their own. This is just 21 a little bit easier, where we just take it out once -- twice 22 in the month of February, two different payrolls, or we can 23 split it for those who want to participate. 24 COMMISSIONER BALDWIN: Is the amount the same? 25 MS. LANTZ: Yes, sir. 1-13-14 33 1 COMMISSIONER BALDWIN: And how much is that? 2 MS. LANTZ: $10 for, I believe, AirLIFE, and then 3 for an individual for Air Evac is 40, and for a family is 45. 4 COMMISSIONER MOSER: And that's less than the 5 commercial going rate, which is good. 6 COMMISSIONER OEHLER: I make a motion to approve. 7 COMMISSIONER BALDWIN: We have a motion -- 8 COMMISSIONER LETZ: Second. 9 COMMISSIONER BALDWIN: -- and second to approve 10 Item 1.14. Any further discussion? All in favor, raise your 11 right hand. 12 (The motion carried by unanimous vote.) 13 COMMISSIONER BALDWIN: Motion carries. Thank you 14 very much. 15 MS. LANTZ: Thank you. 16 COMMISSIONER BALDWIN: Thank you, Dawn. Welcome 17 home. Item 1.15, discussion regarding Commissioners Court 18 decision to request County Attorney Rob Henneke to continue 19 as County Attorney until the March primary. Commissioner 20 Letz? 21 COMMISSIONER LETZ: I put this on the agenda based 22 on -- I guess the last time we discussed this issue, I think 23 everyone's aware that when the County Attorney announced 24 running for State Representative, he resigned his position. 25 The Constitution, however, allows for -- in these situations, 1-13-14 34 1 for -- at our discretion, for him to continue in that office. 2 When we discussed this, we said we'd look at this in January, 3 and I think -- and it was largely based on his ability to 4 continue, and continue to do the work for the Commissioners 5 Court and his other responsibilities. To my knowledge, he's 6 done it. I think, especially with the situation with the 7 death of Judge Tinley, I think it's important that we keep -- 8 we have legal advice. We really don't have any other option 9 at this point. 10 COMMISSIONER MOSER: Mm-hmm. 11 COMMISSIONER LETZ: I know it's a little bit of a 12 -- probably a difficulty for him, but I would like to ask 13 that he continue on as County Attorney until the March 14 primary. And I also -- but let it be known that my feeling 15 is that after that election, once there is a State 16 Representative designee, that I would intend to appoint the 17 winner of the County Attorney race, whoever that person may 18 be, at that time, 'cause it's not -- I don't think it's 19 appropriate to stay in office past that point. But as long 20 as he's willing to do it, I would like to ask that he 21 continue to serve as our County Attorney, 'cause I think it's 22 needed, and he's certainly been responsive to my requests. 23 So, I just put it on 'cause we said we'd talk about it in 24 January. 25 COMMISSIONER BALDWIN: Well, I couldn't agree with 1-13-14 35 1 you more. The -- you know, I look at it as I was hired to 2 come here to help and work with you guys to keep county 3 government moving forward. I'm not here in a personality -- 4 to judge a personality contest or who does what, who chases 5 who and all that stuff. That doesn't interest me in any way. 6 But I know that we're -- particularly now that the County 7 Judge has passed, is that we have to have legal advice, and 8 he's done -- he's doing his job. What the taxpayers are 9 paying him to do, he is doing. I have no issue; I agree with 10 you. 11 COMMISSIONER OEHLER: I couldn't agree with all of 12 you more. 13 COMMISSIONER MOSER: Yeah. I'd just like to say 14 that he has, you know, continued to serve, and that any time 15 he's asked to do something, he's been willing and able to -- 16 to fulfill his duties, so it's a good idea. 17 COMMISSIONER OEHLER: I second the motion. 18 COMMISSIONER BALDWIN: There's not a motion. 19 COMMISSIONER LETZ: No, I don't -- well, it's only 20 discussion. 21 COMMISSIONER OEHLER: You don't want to make a 22 motion? I thought you did. 23 COMMISSIONER LETZ: No, no motion. Just a 24 statement that, you know, we request -- or actually just a 25 request that he continue. 1-13-14 36 1 COMMISSIONER OEHLER: Sounds good to me. 2 COMMISSIONER BALDWIN: Thank you very much. We're 3 going to have to go to 1.19 because of the time -- timing 4 issue. 5 COMMISSIONER LETZ: Is it possible to go with the 6 other part of the agenda? 7 COMMISSIONER BALDWIN: What's the other part? 8 COMMISSIONER LETZ: Bills and all that stuff. 9 COMMISSIONER BALDWIN: Oh, yeah. 10 COMMISSIONER LETZ: Rather than going into 11 executive with so many people in the courtroom. 12 COMMISSIONER BALDWIN: I think it's Section 4 -- 13 yeah, it sure is. We sure can. We'll go to Section 4 of the 14 agenda. It's the approval agenda, and Number 4.1 is to pay 15 the bills. You guys want to -- think we ought to pay the 16 bills this month? Or -- 17 COMMISSIONER LETZ: I move we pay the bills. 18 COMMISSIONER MOSER: Second. 19 COMMISSIONER BALDWIN: We have a motion and second 20 to pay the bills. Is there any question? Any discussion? 21 Hearing none, I'll call for a vote. All in favor, raise your 22 right hand. 23 (The motion carried by unanimous vote.) 24 COMMISSIONER BALDWIN: Motion carries. Thank you. 25 Any budget amendments, Mrs. Auditor? 1-13-14 37 1 MS. HARGIS: Yes, sir, we do have. We have six. I 2 think you all have a copy of those in front of you. They're 3 just moving some line items around a little bit, not big 4 amounts, but just to make them zero out. Some of the -- 5 COMMISSIONER LETZ: Looks like most of these are 6 really related to insurance premiums that are slightly 7 different or higher/lower than we anticipated. 8 MS. HARGIS: Right. 9 COMMISSIONER LETZ: Make a motion to approve. 10 COMMISSIONER OEHLER: Second. 11 COMMISSIONER BALDWIN: We have a motion and second 12 to approve the budget amendments. All in favor, raise your 13 right hand. 14 (The motion carried by unanimous vote.) 15 COMMISSIONER BALDWIN: Motion carries. Thank you. 16 Late bills, Mrs. Auditor? 17 MS. HARGIS: No, sir, we do not have any. 18 COMMISSIONER BALDWIN: Very good, thank you. The 19 monthly reports? You're supposed to get up and walk around 20 here. 21 THE CLERK: Oh, I'm sorry. 22 COMMISSIONER BALDWIN: That's okay. 23 COMMISSIONER MOSER: I took that off; shouldn't 24 have. 25 COMMISSIONER BALDWIN: That's okay. We have the 1-13-14 38 1 monthly reports here from J.P. 3, Constable 1, Constable 4, 2 District Clerk, County Clerk, and the Kerr County payroll, 3 which requires a signature here, of course. I'll entertain a 4 motion to adopt these as -- as presented. 5 COMMISSIONER MOSER: Move that we accept the 6 monthly reports -- accept? 7 COMMISSIONER BALDWIN: Accept, yeah. We have a 8 motion. Is there a second? 9 COMMISSIONER OEHLER: Second. 10 COMMISSIONER BALDWIN: Second. All in favor, raise 11 your right hand. 12 (The motion carried by unanimous vote.) 13 COMMISSIONER BALDWIN: Okay. Let me go ahead and 14 sign that and get it going. Want to continue on with this? 15 COMMISSIONER LETZ: We can do reports. 16 COMMISSIONER BALDWIN: That's what I'm saying. 17 Want to go on with that, okay. Number 5, information agenda. 18 Reports from Commissioners, liaison/committee assignments, et 19 cetera. Commissioner Moser? 20 COMMISSIONER MOSER: Let's see. The only thing 21 that I would report is -- and I mentioned it last court 22 session. A lot of things happening out at the airport that 23 will probably get finalized this month, and perhaps even 24 before we have the next Commissioners Court meeting. There's 25 negotiations that are ongoing with the Brinkman hangar, and 1-13-14 39 1 there's several things which the Airport Board is looking at 2 and will bring forward to the City and the County, I 3 believe -- I know they will. And that's going to be a really 4 good improvement, because that hangar reverts -- the 5 ownership reverts -- reverted to the City and the County on 6 December the 31st, so that will be a big revenue source on 7 that. Then there's a couple of options that look very 8 attractive there ongoing with the Mooney 300,000 square foot 9 facility there. We are having some preliminary discussions 10 with Mooney International, a California company, on how to 11 proceed with that. That's going to be a rather complex 12 agreement to get into, because it's going to be a business 13 deal, okay? It's not just a lease agreement for facilities. 14 So, that will be forthcoming. And then the other is the 15 T-hangar project for 12 T-hangars which was approved. I 16 think there's an Airport Board meeting this morning looking 17 at perhaps some change to that, which I don't know what it 18 is. But that's the only thing that I'll report right now, 19 but things are moving very quickly, and they're going to be 20 extremely important to the County and the city. 21 COMMISSIONER BALDWIN: Thank you, sir. 22 Commissioner Letz? 23 COMMISSIONER LETZ: Only thing I'd like to add on 24 this a little bit, Commissioner Moser and myself, as well as 25 the Mayor, usually attends the Airport Board meetings, and at 1-13-14 40 1 those functions, I think -- I mean, it's a -- on the first 2 two, the Brinkman hangar and also the Mooney situation, there 3 is communication going on with the City. I think the County 4 and the City are very much on the same page going forward, 5 and these will be coming to the Commissioners Court and City 6 Council when needed, when there's actually something to 7 decide. But -- and it's -- I just want to comment that we 8 get so much criticism for not working with the City and the 9 City not working with us. Things continue out there, and we 10 are communicating. Things are going very well at the 11 airport. 12 One other -- a couple of items on the County 13 Judge's vacancy; I just wanted to touch base. Just some 14 questions I received -- I didn't mention them earlier -- is 15 that who makes the appointment if the appointment is made? 16 The appointment is made by Commissioners Court, is who fills 17 the vacancy of the County Judge. And I think I might have 18 mentioned that before, but the other part I wanted to mention 19 is that people have asked, you know, are we going to appoint 20 an interim county judge? And the law -- or the Constitution 21 does not allow for that. If we appoint a county judge, we 22 appoint a county judge, and that person -- if we were to 23 appoint one between now and, in my mind, after the primary, 24 that person would serve through the end of the year, and then 25 you have basically a double transition, which makes no sense. 1-13-14 41 1 You'd have someone preparing a budget that has, you know, no 2 skin in the game, so to speak. So, I think it's -- that's 3 the reason that my feeling is that we should wait till after 4 this election, until we kind of know where we're going. 5 Other than that, that's it. 6 COMMISSIONER OEHLER: I'd like -- just to kind of 7 follow up, I think it's best to tell people -- let the public 8 decide who's going to be in that office, and then at that 9 point, being there will be a gap between the primary and the 10 general election, that this appointment could be made to 11 serve out that -- that year and then start their term. 12 'Cause I think that's what the public -- what's going to be 13 their choice, and that's when we need to do it. I think we 14 need to leave it alone. We can operate like we are. Not as 15 well, but we can get through it. 16 COMMISSIONER MOSER: I agree. 17 COMMISSIONER OEHLER: So -- 18 COMMISSIONER BALDWIN: You're talking about two 19 months, I think, till the primary. 20 COMMISSIONER OEHLER: Primary is very -- you know 21 it's the first -- first week in -- in March. I mean, that's 22 not very far off. We're in the middle of January already. 23 The other thing is, everybody who's not gone to the stock 24 show, enjoy -- enjoy watching those kids and parents and 25 everyone participating. It's a really fine event; be going 1-13-14 42 1 on all week. Started yesterday, and I can't say enough good 2 about that organization and what's going on out there. And 3 there'll be an awful lot of folks there on Friday -- Thursday 4 and Friday; not going to be able to stir them with a stick. 5 COMMISSIONER LETZ: Be people there all week. 6 COMMISSIONER OEHLER: Yeah, I know. It's really 7 going to be crowded then. 8 COMMISSIONER MOSER: There's a lot of people out 9 there this morning. 10 COMMISSIONER OEHLER: Another thing is that we put 11 in that rainwater cachement system out there, and it has been 12 full almost since the day it was installed. And there have 13 been a few little minor complications with the flow thing, 14 but other than that, that's been fixed. And more than 15 likely, that whole show is going to be able to operate on the 16 reserve water from rainwater rather than having to use 17 potable city water. 18 COMMISSIONER BALDWIN: That's fantastic. Do you 19 remember -- you recall how many gallons? 20 COMMISSIONER MOSER: 65,000. 21 COMMISSIONER OEHLER: 130,000. 22 COMMISSIONER MOSER: Oh, double. 23 COMMISSIONER BALDWIN: 130,000 gallons? 24 COMMISSIONER OEHLER: 130,000 gallons of water 25 sitting out there ready to be used for wash racks, and 1-13-14 43 1 they'll be washing basically 1,000 pigs. That takes a lot of 2 water to wash 1,000 pigs, you know. And so it's going to be 3 well worth, you know, what was put into it with the help of 4 three other agencies besides what the County put in. Felt 5 like it was important. 6 COMMISSIONER MOSER: On that subject, it would be 7 very interesting for Tim to find out how much of that water 8 we use, 'cause it's -- even without rain, it stayed full, 9 which is -- 10 COMMISSIONER OEHLER: Well, it's just huge. 11 COMMISSIONER MOSER: That system has been very 12 good. 13 COMMISSIONER OEHLER: Just a small amount of dew 14 every morning puts a lot of water in this system over that 15 size of an area. But, anyway, I think that that's a great 16 thing. We're flushing toilets, washing pigs, you know, with 17 water we've captured and not had to purchase from the -- from 18 the City that shouldn't be used for that purpose anyway. 19 COMMISSIONER BALDWIN: I agree. 20 COMMISSIONER OEHLER: So, anyway, that's enough of 21 that. 22 COMMISSIONER BALDWIN: That's a good deal. Is that 23 it? 24 COMMISSIONER OEHLER: That's it. 25 COMMISSIONER BALDWIN: Thank you. How about a 1-13-14 44 1 report from elected officials? Let's see, is there such a 2 critter in here? Rusty? 3 SHERIFF HIERHOLZER: Nothing. 4 COMMISSIONER BALDWIN: This is Buster you're 5 talking to. 6 SHERIFF HIERHOLZER: Nothing. 7 COMMISSIONER BALDWIN: You don't have anything to 8 say? 9 SHERIFF HIERHOLZER: No. 10 COMMISSIONER BALDWIN: Golly. 11 COMMISSIONER MOSER: Leave him alone. 12 COMMISSIONER BALDWIN: I haven't drank in a long 13 time; I think I'll go get one. 14 COMMISSIONER OEHLER: Can we get a jail population 15 report? 16 COMMISSIONER BALDWIN: Come on, something. 17 Something. 18 COMMISSIONER OEHLER: I'm sorry, I didn't mean to 19 ask. 20 SHERIFF HIERHOLZER: Current population as of this 21 morning was 154, 20 females. We're up there again. 22 COMMISSIONER MOSER: Wow, 154 is a lot. 23 SHERIFF HIERHOLZER: Normally, 80 percent is 153. 24 COMMISSIONER MOSER: That's a bunch. 25 COMMISSIONER OEHLER: You'll have some of them 1-13-14 45 1 cleared out before the end of the week. 2 SHERIFF HIERHOLZER: I think we do have some trips, 3 but, of course, you always have other ones coming in. But, 4 you know, I still think we need to see how the redistricting 5 -- you know, it hasn't been that long. It's been, you know, 6 October 1, September 1, so I still think there's some -- some 7 deals in there on how it's going to play out. And I think 8 you've also got -- you know, you will have a new County 9 Attorney coming in. We just have to -- there's a lot of 10 question marks in there as to where we're going to be going 11 with jail population for a while. I just -- 12 COMMISSIONER OEHLER: It will be all right, Rusty. 13 SHERIFF HIERHOLZER: That's what I'm saying. Just 14 a lot of question marks in it, but that's where we're at. 15 COMMISSIONER BALDWIN: Nice chatting with you. 16 Good to see you. 17 SHERIFF HIERHOLZER: You asked for it. 18 COMMISSIONER BALDWIN: I know it. County Attorney? 19 MR. HENNEKE: No, sir. 20 COMMISSIONER BALDWIN: Treasurer? 21 MS. SOLDAN: No. 22 COMMISSIONER BALDWIN: I can't tell who's in here. 23 There's the Auditor. Do you have something to say? 24 MS. HARGIS: I do. I always can come up with 25 something, right? I meant to mention this at the last 1-13-14 46 1 meeting, but some of our folks use the Buy Board cooperative 2 purchasing organization, and about every six months we get a 3 rebate check, and our rebate check for the last six months 4 was $961.60, so that helps to offset our purchases. So, I 5 just thought I'd bring that. 6 COMMISSIONER BALDWIN: I appreciate that. Thank 7 you very much. Department heads? Do you want to tell us 8 about your cruise? 9 MS. LANTZ: It was wonderful. 10 COMMISSIONER BALDWIN: What about that lady sitting 11 next to you? 12 MS. BURLEW: No, sir, I don't have anything to 13 report. 14 COMMISSIONER BALDWIN: John? 15 MR. TROLINGER: No, thank you, sir. 16 COMMISSIONER BALDWIN: Maintenance? 17 MR. BOLLIER: No, sir, thank you. 18 COMMISSIONER BALDWIN: Ray? 19 MR. GARCIA: No. 20 COMMISSIONER BALDWIN: Ray's friend made a movie, 21 and everybody needs to go today and see that. It's one of 22 the best movies I've ever seen. Jody? Okay. Thank you for 23 that. 24 COMMISSIONER MOSER: Did you see that movie? 25 COMMISSIONER BALDWIN: I saw it last night. 1-13-14 47 1 Incredible. Haven't slept a lot since. 2 COMMISSIONER LETZ: You can recess us for five 3 minutes, give Kathy a break. 4 COMMISSIONER MOSER: Do we have a 10 o'clock? 5 COMMISSIONER BALDWIN: Yeah, we have a 10 o'clock. 6 COMMISSIONER LETZ: Or take our morning break right 7 now for 15 minutes and start at 10 o'clock -- whenever we 8 come back. 9 COMMISSIONER BALDWIN: We'll be in recess for 15 10 minutes. 11 (Recess taken from 9:55 a.m. to 10:10 a.m.) 12 - - - - - - - - - 13 COMMISSIONER BALDWIN: Can I have your attention, 14 please? Commissioners Court will go back in session, and 15 before we get into the agenda item, I have a couple of 16 announcements. There's been some keys found in the parking 17 lot, that open things, and I'm not sure what that little deal 18 is. So, if you -- if they're yours, or if you know whose 19 they are, my friend Jody's going to keep them at her desk, 20 and that's right out here. And so kind of a strange looking 21 set of stuff there, so if you need -- if you've lost your 22 keys, there they are. 23 And the other -- the other item is that we had the 24 beginning of the stock show season out here on the lawn last 25 Friday -- last Friday morning, and there was -- a good time 1-13-14 48 1 was had by all. And one of the highlights, of course, is the 2 cow chip throwing contest, which I'm a former champion, so I 3 -- I understand the meaning of it and the heartfelt stuff. 4 But this year was the first time the City guys went out 5 early; they were eliminated first -- first round, as I was. 6 And then we got into the -- the first time we've gotten into 7 an actual throw-off. And the tub -- there was a tub full of 8 cow chips, and we ended up having to reuse some of them. You 9 know, secondhand stuff, but that's -- that's where county 10 employees go. You know, we'll go to no -- you know, there's 11 no end to the things that we do to carry on the business of 12 the county. But the good Sheriff and his bull throwing and 13 Commissioner Letz got into a throw-off, and it was the first 14 time we'd seen that. They went, like, five rounds before a 15 winner was -- and I think Rusty just flat gave out. I mean, 16 it was just such an emotional thing that he was just drained. 17 COMMISSIONER MOSER: You said bull throwing? I 18 haven't seen him throw a bull. 19 COMMISSIONER BALDWIN: Was it cow throwing? So, 20 Rusty here could have been the bull. 21 COMMISSIONER MOSER: Chips. 22 COMMISSIONER BALDWIN: Why would you get beat? 23 SHERIFF HIERHOLZER: Because it's well known, you 24 know, three out of the last four times, the Commissioners 25 Court has won that thing. 1-13-14 49 1 COMMISSIONER BALDWIN: That's right. 2 SHERIFF HIERHOLZER: And it's well known out there 3 in the county that there is nobody better at throwing bull 4 than Commissioners. (Laughter.) 5 COMMISSIONER BALDWIN: Okay. 6 SHERIFF HIERHOLZER: And so I -- 7 COMMISSIONER BALDWIN: No, no, you're through, 8 believe me. 9 SHERIFF HIERHOLZER: I literally lost throwing the 10 bull. 11 COMMISSIONER BALDWIN: I'm going to have to call 12 security right here if you don't hush. So, we have a 13 brand-new winner, and that's Commissioner Letz, and here's 14 his trophy. As some -- most of y'all, you've all seen it, 15 and it's come back to the courthouse. Actually, it never did 16 leave. We wouldn't let them have it last year anyway, so 17 it's been in here, and it's come home now, and three out of 18 four years. Commissioner Letz, I thank you very much. I 19 appreciate -- I could see, being an old bull thrower 20 myself -- 21 COMMISSIONER LETZ: I was determined. 22 COMMISSIONER BALDWIN: You were determined, man, 23 and I appreciate that. And -- 24 COMMISSIONER MOSER: Can I hand it to him? 25 COMMISSIONER BALDWIN: Sure. 1-13-14 50 1 COMMISSIONER MOSER: Very good. 2 COMMISSIONER BALDWIN: So, three out of four years. 3 It seems like to me it's no longer a traveling trophy; it 4 needs to be a permanent -- permanent trophy here in the 5 courthouse. So, I just wanted to bring that up and say 6 congratulations to Commissioner Letz, and it's something 7 we've all known for a long time. And so let's go back to the 8 agenda now. 10 o'clock timed agenda item, 1.8; consider, 9 discuss, take appropriate action on Kerr County's breach of 10 settlement agreement, and request to accept Hatari Safari as 11 a sanctuary/shelter. Mrs. Tuma? 12 MS. TUMA: Yes, sir. 13 COMMISSIONER BALDWIN: Could you come forth? Or 14 fifth, whichever you're comfortable with, and give us your 15 name and address for the record, please. 16 MS. TUMA: Amy Tuma, 4393 Junction Highway, Ingram, 17 Texas, 78025. 18 COMMISSIONER BALDWIN: Thank you. 19 MS. TUMA: Same place I've been. Nothing has 20 changed. It seems like we made the settlement agreement, and 21 nothing happened on the Commissioners' part. You let -- 22 well, I shouldn't say you "let," but you did not take action 23 after the County Attorney went with the Humane Society family 24 to try to change the laws. I came and told you guys I felt 25 that undermined the settlement. Nothing happened. We still 1-13-14 51 1 went on. Time went on again, and I sheltered two animals as 2 per the settlement, and once again, now I'm being charged 3 with selling those animals. My question to you guys is, what 4 good was the settlement? You guys have done nothing, I feel, 5 in my opinion, to honor the settlement. 6 If you don't understand how the Humane Society is 7 attacking the honey industry, you need to read the paper. 8 Look at -- Dallas Safari Club had death threats against it 9 from the Humane Society for trying to advocate and promote 10 hunting, which is what I told you guys I have always been 11 about. Which is why Rob came after me in the first place; 12 why on the stand he kept saying, "You guys hunt cougars. You 13 guys hunt this." Yeah, that's the whole point. We hunt. We 14 want to provide resource stewardship and teach these other 15 people that are supporting the Humane Society that don't 16 understand how it works in our area. They don't understand 17 how these animals can be hunted, and that saves them. 18 They're ignorant. All these -- like I said, all you have to 19 do is go on the internet right now and read. The Humane 20 Society is freaking everybody out; "Oh, they're murderers. 21 They're killers." Which is almost the same message that Kerr 22 County was letting the attorney put out, that, "Yeah, they're 23 murderers; they kill these animals." 24 I still have my cat, my original cat. I have -- 25 she's had babies now. I still have her babies. That's the 1-13-14 52 1 whole point of resource stewardship, is not only to hunt the 2 animals, but to promote the hunting industry and keep the 3 animal species alive. So, I still have a court date now, and 4 I'm being charged by the County Attorney for selling an 5 animal that I gave shelter to, which I thought I was 6 protected by in our settlement. And I came to you guys -- I 7 think it was in July -- and said, "What's the deal? Am I not 8 understanding our settlement right?" And still, nothing's 9 happened, and I'm still being charged. 10 COMMISSIONER BALDWIN: Would you mind if I ask you 11 a question, please? 12 MS. TUMA: Yes, sir. 13 COMMISSIONER BALDWIN: Refresh me, 'cause I'm not 14 familiar with the settlement thing that -- 15 MS. TUMA: Okay. 16 COMMISSIONER BALDWIN: -- that we're involved in. 17 Would you refresh me on that, please? 18 MS. TUMA: Yeah. It was -- I originally claimed 19 exemption, because if you look under the statutes of 822, it 20 gives exemptions for certain organizations. The A.Z.A. is 21 one of them, the American Zoological Association. The reason 22 why I cannot be exempt under the A.Z.A. statute is because 23 the A.Z.A. has matching members of the Humane Society board, 24 so the same people who run the Humane Society are on the 25 board for the American Zoological Association. So, when I 1-13-14 53 1 applied to a place like that, they tell me, "Hell, no, we 2 don't want no one like you; you're a murderer." There's -- 3 if you even go and Google my name now, you'll find other 4 A.Z.A organizations that literally call me a murderer because 5 I hunt. So, I can't get an exemption that way. But luckily, 6 the state statute gives you an exemption if you are an 7 incorporated animal shelter, which is what I did. I applied 8 for incorporation. I applied for nonprofit, and I said that 9 is what I'm going to do, because I thought I would be exempt. 10 Then the County Attorney came to you guys and said, 11 "No, she's a killer, she's..." -- whatever he said. I don't 12 know; I wasn't there. It was in the Commissioners meetings, 13 and you guys gave him permission to come after me. We did 14 the -- went around and about, and I'm sure you guys all 15 remember, we did appeals; we fought, went and got appeals. I 16 won the 4th Court of Appeals, and then we came to our 17 settlement. Our settlement basically allows me to have 18 certain aspects of exemption and act as a sanctuary, but I'm 19 still registering every year, and I still have to follow the 20 same guidelines, the same rules. And then we increased my 21 insurance limits as well. But part of the settlement -- and 22 I think Jody can e-mail you guys all a copy again if you need 23 it -- is that I get two weeks to shelter animals that need a 24 home until they can be re-homed without having to register 25 them. So, if I'm exempt from 822, how can I be prosecuted on 1-13-14 54 1 822? 2 COMMISSIONER BALDWIN: Well, tell me how I'm tied 3 in with that. 4 MS. TUMA: Because the Commissioners signed the 5 settlement saying that I had two weeks to register my animals 6 at my facility. 7 COMMISSIONER BALDWIN: Okay. 8 MS. TUMA: So if they are not registered under 822, 9 and I'm not subject to 822 on new animals, then how can I be 10 charged under 822 for those two animals? 11 COMMISSIONER MOSER: Is this just a legal matter, 12 then? I mean, I'm with Buster. What -- what -- if we've 13 already agreed to something, -- 14 MS. TUMA: Because -- 15 COMMISSIONER MOSER: -- are we -- are we in 16 violation of something? 17 MS. TUMA: Well, the County Attorney is charging me 18 for something you guys allowed me to do, so at some point in 19 time, either I'm going to have to subpoena you all to court, 20 and we're going to have to do this out in that court, or I 21 was hoping we could settle it here in this court, because 22 this is where it all started. 23 COMMISSIONER LETZ: I mean -- 24 MS. TUMA: I'm at just as big a loss as you guys 25 are. 1-13-14 55 1 COMMISSIONER LETZ: I don't know that I have 2 authority -- that we have authority to designate someone a 3 shelter. I thought that was -- I was under the impression 4 that was a state issue, which I have no authority over that. 5 All we have authority to do is work with the wild animal 6 issue, and then what we can do is either let there be wild 7 animals in the county or not. 8 MS. TUMA: Right. 9 COMMISSIONER LETZ: And that's the limit of our 10 authority, as far as I'm aware of it. And we have been one 11 of the -- probably the only county around here that even 12 allows wild animals to be kept. So, I mean, one of the 13 actions we could do would be to ban wild animals. 14 MS. TUMA: Right. 15 COMMISSIONER LETZ: That's all we can do, really. 16 COMMISSIONER MOSER: Which we didn't do. 17 COMMISSIONER LETZ: Which we have not done. We 18 followed the -- you know, the -- our authority there. So, 19 I'm confused as to how we have anything to do with -- well -- 20 MS. TUMA: How -- I just don't understand, if you 21 made an agreement with me, and you, the Commissioners -- I 22 think Bruce was actually the one that signed off on the 23 bottom of it -- signed and said, "Yes, this is what we are 24 going to allow to you do, X, Y, and Z." Then when I do Z, 25 according to what you guys signed, and then I get charged for 1-13-14 56 1 it by the County Attorney. It's like you guys gave me 2 permission to do something, and now the County Attorney is 3 charging me. So, I'm just asking you to stand behind what 4 you signed and support me. Because, like I said, if we can't 5 solve this here in this court, when I do go to court for 6 this, I don't have no choice but to subpoena you all and 7 bring this all back up again. And, obviously, Mr. Moser, you 8 weren't present when it was signed. 9 COMMISSIONER MOSER: Right. 10 MS. TUMA: But -- 11 COMMISSIONER BALDWIN: Ms. Tuma? 12 MS. TUMA: Yes, sir? 13 COMMISSIONER BALDWIN: Would you be kind enough to 14 let the County Attorney speak? 15 MS. TUMA: Yes. 16 COMMISSIONER BALDWIN: Thank you very much. Don't 17 go off too far. 18 MS. TUMA: Okay. 19 COMMISSIONER BALDWIN: Rob, do you want to make -- 20 he may not want to, so don't leave at all. Do you want to 21 make a comment? 22 MR. HENNEKE: You know, the -- nothing's changed 23 since, I guess, July when we -- the last time when Ms. Tuma 24 was before this Court, and nothing has certainly changed. In 25 fact, I've had no -- no contact with Ms. Tuma since she was 1-13-14 57 1 -- she was convicted in J.P. 4 in August for violating the 2 statute. And -- and, you know, her arguments about some code 3 of exemption are just not part of the settlement agreement, 4 but the agreement does require that she comply with the 5 statute. That was the whole way that this case was resolved. 6 Originally, Ms. Tuma had not wanted to register her animals, 7 comply with the statute. That's when the County brought 8 suit. And the case was resolved with Ms. Tuma agreeing to 9 register her animals and comply with the statute, and then 10 Kerr County settled and dismissed the pending civil suit. 11 Now, you know, the agreement does provide that 12 Ms. Tuma would have a little period to get her paperwork in 13 to -- to submit to Animal Control, but it didn't create a 14 kind of exemption from law, nor could this Commissioners 15 Court ever have authority to exempt somebody from state law 16 requirements. But, you know, all the other pending matters, 17 you know, those are pending J.P. court Class C misdemeanor 18 criminal citations, which this Court has absolutely no 19 oversight over or involvement with or anything to do with. 20 And it's a matter for Justice Ragsdale, just as the cases 21 that were tried back in August where Ms. Tuma had, you know, 22 complete opportunity to present all of her information before 23 a jury, and she did, and the jury made a decision, and that 24 decision was final. So, that -- the end of my point is, Kerr 25 County has never breached a settlement agreement. The 1-13-14 58 1 agreement requires Ms. Tuma to comply with state law. That's 2 basically all it did. And there's nothing more -- further 3 for this Commissioners Court. 4 And Commissioner Letz is right; really, the only 5 action for the Commissioners Court in regards to dangerous 6 wild animals is allow them in the county, in compliance with 7 the statute, or ban them outright, and there's nothing 8 pending with y'all that would even raise that as an issue. 9 So, you know, there's just nothing further or authority that 10 y'all would have to -- to address or respond to anything. 11 And Kerr County's complied with it completely, so I don't 12 think there is a place to argue about it, given that really 13 there's no action for y'all to take. But, certainly, 14 Ms. Tuma has full due process, you know, ability in her 15 pending, you know, criminal misdemeanor Class C citations to 16 make a defense and present evidence, just as she did back in 17 August when -- when those citations were resolved. And I 18 think she'd been making payments on the -- on the fine after 19 the verdict, so, I mean, that was over. It wasn't, you know, 20 big, serious cases; it was just -- there was some violations 21 of the statute, and those were handled as a, you know -- 22 COMMISSIONER MOSER: So, in your legal opinion, 23 we're not in violation of any -- or breach of any agreement? 24 MR. HENNEKE: Not at all. 25 COMMISSIONER MOSER: Okay. 1-13-14 59 1 MS. TUMA: The reason we did the settlement is 2 because 822 set up the exemption for animal shelters and 3 sanctuaries so that they could literally act, which is what I 4 did; take in animals for a short period of time, not have to 5 register them, not have to fill out the insurance, but to 6 find them and place them in a new home. That is why 822 7 grants exemptions for exotic animals or animal shelters, 8 because the law does not allow you to keep these animals 9 unless they were registered beforehand, which is what started 10 all this mess. 11 And if you want to go back to the court case that 12 we did in August, that was a joke. He suppressed everything. 13 I wasn't allowed to speak about what happened. I wasn't 14 allowed to talk about why I was late. I wasn't allowed to 15 talk about any of the things that attacked against me. 16 Everything was suppressed. I wasn't even allowed to subpoena 17 anyone, so that court case was a joke. I was late on 18 paperwork; that's all it was. We have never had an animal 19 violation. We've never had a safety issue. We have never 20 had a health concern with the animals. It has always been 21 about paperwork. And that's exactly what it is again. 22 And my understanding when I signed the settlement 23 was the reason I was getting the two weeks not to register 24 the animals was because that was my opportunity to act as an 25 animal shelter, be able to take in animals and re-home them, 1-13-14 60 1 not having to register them under 822. That's how I 2 understood the settlement when I signed it with you guys. 3 Why would we put that in the settlement if that wasn't part 4 of it? That was to allow the animals to come to my facility, 5 be housed temporarily and moved out. It doesn't do any good 6 to have an exemption for two weeks in my settlement if we're 7 not even going to act on it, if I'm still going to get 8 charged for it. It -- the settlement is completely pointless 9 if you're not holding to what it says. 10 COMMISSIONER LETZ: So, all I can say is that we 11 have authority to do two things; allow the statute for wild 12 animals, allow people like you to have them, or not allow it. 13 Beyond that, we just don't have authority. That's our 14 authority. 15 MS. TUMA: May I ask, what gave you the authority 16 to give him permission to come after me in the first place? 17 If that's the case. Because I was all fine, and I filed 18 under exemption. I turned in my corporation, and the next 19 thing I knew, I was reading Zeke's article in the paper that 20 I was being attacked. I had no clue. I thought I turned in 21 all my paperwork like I was supposed to. So, if you have the 22 authority to give him permission to come after me, why don't 23 you have the permission to say, "You know what? It's been 24 five years. She's done exactly what she said from the 25 beginning. She's always been incorporated. Why did we go 1-13-14 61 1 after her in the first place?" 2 COMMISSIONER MOSER: Since I wasn't here, let me 3 ask a question. 4 MS. TUMA: Sorry. 5 COMMISSIONER MOSER: I agree with Commissioner 6 Letz. Sounds like the County and this Court approved -- gave 7 you authority to have the shelter in this county, period. 8 We -- the County Attorney is an elected official. 9 MS. TUMA: Right. 10 COMMISSIONER MOSER: We don't tell him what to do 11 and what not to do. So, I'm -- I may be wrong, but that 12 seems to be the issue. 13 MS. TUMA: How -- how do I hold the County 14 Commissioners accountable for what I feel they agreed to give 15 me in the settlement? I don't understand where my recourse 16 is, then. 17 COMMISSIONER MOSER: I don't think we have a 18 violation of what we agreed to let you do. 19 MS. TUMA: Okay. 20 COMMISSIONER MOSER: I may be wrong, but that's my 21 understanding of it. So -- 22 MS. TUMA: I just feel that if I'm being charged 23 with selling the animals, why am I also not being charged 24 with holding them? Why am I not being charged with not 25 registering them? It seems like it would be more than one 1-13-14 62 1 violation, because I have the cats at my facility; we never 2 denied that. I took in cats for a short amount of time. 3 COMMISSIONER LETZ: The issue is, what you're 4 talking about are misdemeanors that are in the justice 5 court -- J.P. court, not our court. 6 MS. TUMA: Right. 7 COMMISSIONER LETZ: So, I mean, we can't -- I have 8 no idea about any of that. 9 MS. TUMA: Right. 10 COMMISSIONER LETZ: That's not our jurisdiction. 11 MS. TUMA: So, how -- 12 COMMISSIONER LETZ: Talk to Judge Ragsdale. I 13 would recommend you visit with Judge Ragsdale. 14 MS. TUMA: So, how do I get the Commissioners to 15 stand behind what I feel that they gave me permission to do? 16 Do I do just like I said and -- 17 COMMISSIONER LETZ: Talk to Judge Ragsdale. If 18 it's a misdemeanor issue, you need to talk to Judge Ragsdale. 19 MS. TUMA: And then I'll just subpoena you all, and 20 we'll have to go from there and bring up the settlement and 21 everything that direction, in that courtroom? 22 COMMISSIONER LETZ: Yes. 23 COMMISSIONER BALDWIN: Sounds good. 24 COMMISSIONER LETZ: It's Judge Ragsdale's court. 25 It's his authority, not ours. 1-13-14 63 1 MS. TUMA: All right. 2 COMMISSIONER MOSER: And I think you have the 3 agreement, and we've all looked at it. We all have a copy. 4 I think we're in agreement with that, and I don't -- it 5 doesn't appear that we're in violation of the agreement. 6 So -- 7 COMMISSIONER BALDWIN: Jody will have all of our 8 correct names and addresses. 9 MS. TUMA: Okay. 10 COMMISSIONER BALDWIN: If you need it. 11 MS. TUMA: Okay. Well, maybe I'll see y'all in 12 J.P. court, then. 13 COMMISSIONER BALDWIN: Nice to see you. 14 MS. TUMA: Hopefully we'll get it settled then. 15 COMMISSIONER BALDWIN: Thank you very much, 16 Mrs. Tuma. 17 MS. TUMA: Thank you. 18 COMMISSIONER MOSER: Thank you. 19 COMMISSIONER BALDWIN: Okay. 20 MR. HENNEKE: Commissioner Baldwin, Mr. Campbell 21 should be walking in at any minute, so -- 22 COMMISSIONER BALDWIN: Should we stand up and 23 salute? Or -- 24 MR. HENNEKE: Well, no, but I'm just letting you 25 know I got a text that he should be here any minute. 1-13-14 64 1 COMMISSIONER BALDWIN: Oh, okay. 2 COMMISSIONER LETZ: Who? 3 COMMISSIONER BALDWIN: Mr. Campbell, Ken Campbell, 4 on the EMS agenda item. 5 COMMISSIONER LETZ: Oh. 6 MR. HENNEKE: So if you were to choose to do the 7 baseball one first, he should be here any minute, but by the 8 time that one's over. 9 COMMISSIONER LETZ: You can do that; that's fine. 10 COMMISSIONER BALDWIN: Item 1.19; discuss long-term 11 lease with the Kerrville Youth Baseball Softball Association. 12 Now, do you want to do that in open session? 13 COMMISSIONER LETZ: No, executive session. 14 COMMISSIONER BALDWIN: In executive session. So, 15 we're going into executive session. We're going to recess 16 the Commissioners Court and go into executive session. 17 (The open session was closed at 10:35 a.m., and an executive session was held, the transcript of which 18 is contained in a separate document.) 19 - - - - - - - - - - 20 COMMISSIONER BALDWIN: Okay. I'm going to call the 21 Court back to order. It is now 12 o'clock, straight up. But 22 we have a couple of items that we need to keep going, and we 23 won't take long with it. So, we're going to do -- we have 24 three items left, and we're going to take them one at a time. 25 And Commissioner Letz is -- this will be the Jon Letz show. 1-13-14 65 1 And so Item 1.16; consider, discuss, take appropriate action 2 regarding capital projects, including expenditure of funds. 3 Commissioner Letz? 4 COMMISSIONER LETZ: I think we're all aware that 5 starting last fall, we were looking at -- or at least 6 discussed a certificate of obligation so that we can fund 7 some -- a number of different improvements, the Youth Exhibit 8 Center, fire station and some others. I visited with Judge 9 Tinley in December about this a little bit, and, you know, it 10 was put on hold, basically, until this time. The 11 anticipation at that time was that Judge Tinley would be with 12 us. Obviously, that did not take place. But I think that, 13 you know, we need to move forward and make some decisions on 14 where we're going with these. On the construction-type 15 projects, being the Hill Country Youth Event Center Exhibit 16 Hall, I visited with Peter Lewis again, and his number hasn't 17 changed. It's still $2.2 million for the exhibit hall, the 18 plan that we authorized him to develop, and he's working on 19 the final documents to go out for bid on right now that are 20 not complete. But it's the same floor plan as we looked at 21 before. 22 He also looked at the -- even though we haven't 23 contracted with him in any way for a fire station at 24 Kerrville South, we talked about it quite a bit. I told him 25 probably the best thing to do -- we had some sketches and 1-13-14 66 1 drawings and criteria, but I said, "Go to Ingram; figure out 2 what it cost to build that, but we want to make it three 3 bays, a little bit smaller," and that's what he did. He said 4 the estimated cost for that is about 250,000. We looked at 5 the -- and I guess probably about four years ago, we did an 6 analysis -- or he did an analysis of the arena upgrades 7 there. That number was -- it's a little bit harder to 8 quantify, but some things that were in that number of 880,000 9 originally, some of those were done when we built the new 10 show barn. And a lot of it was infrastructure changes for 11 electricity and fire, and a lot of that work has been done. 12 So, I didn't really adjust that, but it would be somewhere in 13 the neighborhood of probably, at most, 800,000, probably 14 quite a bit less than that. 15 I visited with other departments, and probably the 16 most germane to this is the Sheriff's Department, looking at 17 where they're going in the near future. And last time we -- 18 he has vehicles ongoing, and we'll go back to that in a 19 minute. The main thing that really isn't covered out of the 20 existing funds anywhere is the communication system. We 21 looked -- we talked about this several years ago, about 22 having to -- basically needing a new complete communications 23 system. And the one we built was done, I think, in 2000 or 24 2001, and it's just not working very well, and it's getting 25 worse, I think, almost on a monthly basis. The Sheriff 1-13-14 67 1 estimates that that will cost us about a million dollars for 2 a new communication system. And those are really the ones 3 that are, you know, in my mind, on the table. 4 There are some -- I know, I'll get to that. I 5 think I.T. is pretty much okay for the time being. The 6 Sheriff has vehicles; he's a little bit -- he'll be lean in 7 2016. There may be some funding he needs for the additional 8 vehicles. He's covered up till then, but, you know, that's a 9 little bit of an unknown. But if you look at those -- well, 10 I visited with the Auditor about this. She's visited with 11 our financial adviser, Mr. Henderson, and if we are to issue 12 a certificate of obligation now, and one of the criteria is 13 no tax increase, the maximum amount is 3.5 million. If you 14 total the numbers I just gave you, that is over -- or quite a 15 bit over 3.5. 16 COMMISSIONER BALDWIN: Wait, make clear what you're 17 saying right now. 18 COMMISSIONER LETZ: The maximum amount under the 19 way we've, you know, financed and planning and debt that we 20 have that we can issue right now is 3.5 million. 21 COMMISSIONER MOSER: With no tax rate increase? 22 COMMISSIONER LETZ: No tax rate increase. 23 COMMISSIONER MOSER: You said "tax increase." 24 COMMISSIONER LETZ: It's four million? Oh, they've 25 done more magic over there. Now they're saying it's four 1-13-14 68 1 million. Anyway, but there is a cap; we can't do everything, 2 which certainly is not a surprise. We didn't even really go 3 out to -- I didn't go out in depth and talk to Road and 4 Bridge. That's why Leonard isn't here. I said, "You've got 5 -- you have been the beneficiary of a lot of equipment 6 recently," and we aren't going to -- you know, I don't want 7 to go overboard by any means. I want to -- we've been under 8 a plan for the last 16 years of financing in small, 9 incremental things, doing a lot of major improvements and 10 getting the county where it is today without issuing 11 long-term debt, and that's, to me, where we need to continue. 12 So, when I look at those numbers -- well, one other 13 thing; there's the Stock Show Association. They have been 14 asked to come up with 500,000 for the Hill Country Youth 15 Event Center. I talked with Mr. Reeves last week. They can 16 write a check for probably 200,000 today, and probably have 17 about 250,000 they could quickly get to. Their fundraising 18 has been put on hold because we put ourselves on hold on 19 moving forward. So, there's 200,000 out of that 2.2 that's 20 definitely there, and they are still actively trying to raise 21 money. And I told Mr. Reeves, in my opinion, whether -- you 22 know, they still need to raise their 500,000 that we 23 challenged them to raise. That money may end up being spent 24 possibly partly on the arena upgrades, but it needs to be in 25 that facility. And I think -- you know, he's here and he can 1-13-14 69 1 speak for himself, but I think they understand that. 2 That's -- the association understands that that was our 3 arrangement. We still do have -- and did you pass it out, 4 Jeannie? 5 MS. HARGIS: Mm-hmm. 6 COMMISSIONER LETZ: There are funds left in the -- 7 for I.T., cars for the Sheriff's Department and other things, 8 funds available from our previous C.O.'s that were planned. 9 COMMISSIONER MOSER: Oh, wait. What do we have 10 here, Jeannie? 11 COMMISSIONER LETZ: I'll let Jeannie go over that. 12 I just want to give you kind of an overview. 13 COMMISSIONER MOSER: Three different things, 14 Jeannie? 15 MS. HARGIS: Yes. 16 COMMISSIONER LETZ: I'll let her explain what she 17 handed out. But I want to give kind of an overview, 'cause I 18 visited -- the things that I visited with Judge Tinley about 19 earlier, and kind of where we are. One other thing I want to 20 say before Jeannie starts is that we have talked -- and I've 21 talked with the Sheriff a fair amount about the jail, and 22 while I don't like it, probably within the next five years, 23 we're going to have to do a major improvement out there. In 24 my mind, that's certainly going to be -- that is something 25 that's going to be beyond the means of us issuing a 1-13-14 70 1 certificate of obligation; it's going to take a bond issue, 2 'cause it's going to be an amount -- it will be, oh, I don't 3 know, five, ten million, somewhere in that range, project at 4 the jail. So, you know, we know that's out there too. And I 5 think that our long-term financial situation is such that we 6 would be able to do that. Anyway, that's kind of the 7 overview that I had. 8 COMMISSIONER MOSER: May I comment on your 9 overview? 10 COMMISSIONER LETZ: Sure. 11 COMMISSIONER MOSER: May I do that? 12 COMMISSIONER BALDWIN: Yes, sir. 13 COMMISSIONER MOSER: Okay. Because I may have to 14 leave for some personal reasons, so I want to -- 15 COMMISSIONER BALDWIN: Oh, no, buddy. If we're 16 hanging in here, so are you. 17 COMMISSIONER MOSER: No, I -- but -- 18 COMMISSIONER BALDWIN: We have to be in Dallas at 19 Christmas, so take off. 20 COMMISSIONER MOSER: But I have a personal -- 21 personal reason -- 22 COMMISSIONER BALDWIN: I understand. 23 COMMISSIONER MOSER: -- that I may have to leave 24 here in a minute, I think, but I want to say it. There's a 25 lot of things you mentioned here. I think there are a lot of 1-13-14 71 1 very, very important things that we need to get our arms 2 around and understand exactly what we need to do. I think 3 there's some decisions to be made on to what extent. But let 4 me start at the top, with a certificate of obligation versus 5 a bond election. I'm not convinced -- I don't know that we 6 need to do a certificate of obligation. I don't know that -- 7 maybe we do. Maybe the timing is such on these projects we 8 can do it by a bond, which we get the citizens' approval 9 before we do it. That's the way I would like to do it, okay? 10 On some of the things, we may not be able to do that, but we 11 may. 12 Just ticking through some of the things that you 13 said, I think on the volunteer fire department, I don't know 14 what our policy is in this county for -- I don't think we've 15 built any volunteer fire departments. I don't think we've 16 financed them, okay? So, we're deviating from that if we -- 17 if we build a volunteer fire department. I'm not saying it's 18 good; I'm not saying it's bad. I'm just saying it's a 19 difference. I don't understand, especially with what we're 20 going through with the City on fire and EMS, that we need to 21 have one. We may need to have one. It may be good to have, 22 but I don't know that, okay? I don't know how we equip it. 23 I don't know where the equipment's coming from. I don't know 24 where the volunteer fire department's coming from -- 25 volunteer firemen, so that's a big entity in itself. Maybe 1-13-14 72 1 we need to move forward on it; maybe we don't. 2 On the exhibit hall, I think that there are 3 multiple options in that. I think we -- first of all, it's 4 abysmal out there. That thing needs to be fixed up, okay? 5 I think you can take the footprint we have, and with the 6 funds that we have, okay, and the funds that District Junior 7 Livestock Show may have -- they may not be able to do it 8 because of equipment. We could fix that place up with the 9 current footprint that would be first-class, with all new 10 restaurant -- I mean kitchen equipment, all new bathroom 11 facilities, stone the front of it, for the money that we have 12 in the budget right now in the capital funds. Maybe it needs 13 to be three times as big, as opposed to twice as big. I 14 think we need to have somebody look at seriously what it 15 needs to be, not what it ought -- what it ought to look like. 16 And I -- on something like that, we can probably get 17 Schreiner University to do an assessment of what we really 18 need to have out there. I've talked to them in a preliminary 19 sense, "Would you be willing to do it?" They may or may not 20 be able to do it. 21 So, I think, Jonathan, I don't disagree with 22 anything you said. I don't want to go off half-cocked on -- 23 on obligating with additional debt that we may or may not 24 have to do. So -- especially without, you know, doing it 25 right now. There's all these -- each one of these 1-13-14 73 1 independent things that you talk about needs a lot of 2 discussion, from exhibit hall to fire stations to -- to 3 communication equipment for the Sheriff. If that's an 4 emergency, let's go do it, okay? If it's an emergency, let's 5 use the C.O. to do it. But I don't necessarily see using a 6 C.O. to do some of these other things if it's not urgent that 7 we do. 8 COMMISSIONER LETZ: If I may make a comment to some 9 of it, I mean, the communications system is clearly something 10 that we financed from a C.O. last time -- or we leased it 11 through a C.O. You know, we -- you know, it's got a limited 12 life. We need to do that. 13 COMMISSIONER MOSER: Right. 14 COMMISSIONER LETZ: You may not agree, but the 15 Court has agreed to go out and to have -- we're currently 16 close to having construction documents prepared for the event 17 center -- event hall or exhibit hall at the event center. 18 You know, that bridge -- in my mind, we have committed to 19 doing that. 20 COMMISSIONER MOSER: Well, I disagree. 21 COMMISSIONER LETZ: You disagree with that, but 22 we -- you were on the Court when we authorized Peter Lewis to 23 prepare the construction documents. You only do that if 24 you're planning to build it. Otherwise, you're throwing away 25 $100,000, or somewhere close to that. On the fire station, 1-13-14 74 1 you do -- you raised some questions there that I agree with, 2 but the -- again, we have spent money on site work, drainage 3 plans, you know. 4 COMMISSIONER MOSER: $5,000. 5 COMMISSIONER LETZ: We have property that was 6 donated to the County for the specific purpose of doing a 7 fire station in Kerrville South, and that has been the plan 8 of the Court for two or three years, at a minimum. And my 9 understanding is that there -- you know, it's not in my 10 precinct, but that the -- Commissioner Baldwin, I think, has 11 talked with some of the other fire departments -- 12 COMMISSIONER MOSER: I think it's in my precinct, 13 as a matter of fact. 14 COMMISSIONER LETZ: I know it's in yours, but 15 Kerrville South is largely in his, so I think that -- you 16 know, and that's a relatively small item. I would like to be 17 able to fix up the arena right now, do some of the upgrades 18 that are needed there, but, you know, if we don't have enough 19 money, we don't. And I'm not about to raise taxes -- tax 20 rate. 21 COMMISSIONER MOSER: I'm with you; I'm not 22 raising -- I'm against raising tax rates, period. I've said 23 that ever since -- but you brought up other things, too, 24 which I think you made an excellent point today on -- on the 25 Little League facilities over there and the potential for us 1-13-14 75 1 to do something to complement what they're doing to make that 2 facility even bigger. And I don't disagree with any of these 3 items. I just don't think we've looked at them to thoroughly 4 understand what we need. We need to look at each one of 5 these things individually, figure out what we need to do, and 6 figure out how we -- when we need to do it, what we need to 7 do, when we need to do it, and how we fund it. 8 COMMISSIONER OEHLER: I think we've already done 9 that. 10 COMMISSIONER MOSER: Huh? 11 COMMISSIONER OEHLER: We've already done that 12 before you ever came on the Court. And so -- I mean, I 13 understand your disagreement. You can disagree; you can say 14 whatever you like. You can try to get this thing relooked at 15 for the 14th time, or we can move forward, and that's the way 16 it works. I mean, I don't disagree with that. You have the 17 -- I mean, you have the perfect right to disagree with 18 anything. I have a right to disagree with you. I think 19 we've done all the things that you've asked. You just don't 20 realize it because we haven't made it like in a formal, 21 written study every time we talked about doing this over the 22 last 20 years. 23 COMMISSIONER MOSER: Yeah. Well -- 24 COMMISSIONER OEHLER: And so, you know, it's 25 just -- in my opinion, it's time for us to do something for 1-13-14 76 1 the community. And it is a business out there, but the 2 business is not the revenues that get generated within the 3 rentals. The revenues come from other sources for other 4 purposes. But, I mean, I totally agree, you have a right to 5 disagree. 6 COMMISSIONER MOSER: Yeah. And I -- 7 COMMISSIONER OEHLER: I disagree with you. 8 COMMISSIONER MOSER: And I'm not disagreeing. All 9 I'm saying is, what is the need for the new exhibit hall? 10 Let me just go through this. What is the need? We've never 11 talked about the need. We talked about what it should be. 12 What is the need for a volunteer fire -- new volunteer fire 13 department? What is the need? I don't know. I'm not 14 against any of those things, and I haven't made up my mind. 15 I just want to look at what the need is. I wanted to look at 16 what the need is for the Sheriff's equipment. Do we have 17 enough funds for that? I want to look at the need for what 18 we need to do for the -- for the Little League. I think -- I 19 think we have -- I don't think -- I'm not against any of 20 those things. I want to make that very clear; I'm not 21 against anything, but I do feel very strongly that we need to 22 establish what the needs are, what the requirements are for 23 those needs, and what the options are. And if you can't 24 delineate each one of those three pieces, then you have not 25 done your homework. 1-13-14 77 1 COMMISSIONER LETZ: We have, Tom. We have done it 2 for communications. We did -- it was the last time we did a 3 C.O., and we didn't -- funding was not sufficient; it wasn't 4 done. And we have done it for the Youth Event Center. 5 COMMISSIONER MOSER: No, you haven't. 6 COMMISSIONER LETZ: You don't like the options, but 7 we've done it. 8 COMMISSIONER MOSER: You haven't. I want to see 9 it. Hand me the -- show me what is needed out there, and 10 why, and I'm all for it. 11 COMMISSIONER LETZ: You have said we have a 12 building out there that is currently obsolete. 13 COMMISSIONER MOSER: I said it needs to be 14 upgraded. 15 COMMISSIONER LETZ: Upgraded. Well, same thing. 16 COMMISSIONER MOSER: Well -- 17 COMMISSIONER LETZ: And we looked at -- several 18 years ago, at the cost of upgrading that. You and I met out 19 there and talked about it. 20 COMMISSIONER MOSER: Yeah. 21 COMMISSIONER LETZ: I disagree with your number 22 estimate. I think it's -- you know, I think for -- if I'm 23 going to spend close to a million dollars on renovating, and 24 you're going to have to do a C.O. for a million dollars 25 anyway, you know, it's -- it makes no sense. It's still 1-13-14 78 1 going to be -- 2 COMMISSIONER OEHLER: And we'd end up with less 3 space. 4 COMMISSIONER LETZ: Yeah, you'd end up with less 5 space. You're going to spend money, and it doesn't make 6 sense to me. 7 COMMISSIONER MOSER: I think you can do the same 8 space that you have with the $500,000 that we have currently, 9 and $200,000; that for $700,000, you can completely upgrade 10 that facility. 11 COMMISSIONER LETZ: See, I don't think so. 12 COMMISSIONER MOSER: Well, I've had a couple of 13 contractors go out there and look at it. They say you can. 14 COMMISSIONER OEHLER: Doesn't include all the other 15 stuff that goes with that. 16 COMMISSIONER LETZ: The kitchen alone is going to 17 be 50,000. 18 COMMISSIONER MOSER: No, it's not. There's 500 19 square feet in the kitchen area and the office area. 20 Completely tear it out, completely put in a brand-new, 21 upgraded, first-class kitchen in there, put in the offices 22 that you need, change out the restrooms, panel the entire 23 thing, redo the floor. Which the foundation, the walls and 24 the roof are great, okay? Nothing needs to be done there. 25 COMMISSIONER LETZ: That's not true. 1-13-14 79 1 COMMISSIONER MOSER: That's true. 2 COMMISSIONER OEHLER: You don't even know there's 3 grass up there on top, above -- 4 COMMISSIONER MOSER: There's -- the roof doesn't 5 leak. Roof doesn't leak. 6 MR. BOLLIER: That's not true. 7 COMMISSIONER MOSER: The roof doesn't leak. You 8 told me the roof didn't leak. 9 MR. BOLLIER: That don't -- I never told you 10 anything, sir. I'll tell you right now, that roof is in 11 pitiful shape. 12 COMMISSIONER MOSER: It didn't leak. 13 MR. BOLLIER: Yes, sir, it does. 14 COMMISSIONER MOSER: The roof leaks in the exhibit 15 hall? 16 MR. BOLLIER: Yes, sir, it does. And I can tell 17 you another little secret. If you go back up in there, take 18 them panels out of the -- them panels that y'all see, all the 19 metal framing up there that holds that roof up, I don't think 20 I want to be caught in there in a few more years, because 21 it's pretty rotten. 22 COMMISSIONER MOSER: All right. But, anyway, 23 before we jump off into making it twice the size, maybe it 24 needs to be three times the size. Who says that? 25 COMMISSIONER LETZ: Anyway, we're not going to go 1-13-14 80 1 round and round on that. I mean, the Court has authorized a 2 plan and construction documents. I think we need to do it. 3 I think the Sheriff needs a new communications system. Those 4 two items are three million dollars. 5 COMMISSIONER MOSER: Let me ask one other thing. 6 You don't authorize -- usually, if you authorize a plan of 7 construction document, that's fine, but if you go out for 8 bids, then in fairness to the people that are going to bid, 9 you ought to have the money, okay? Which right now, we don't 10 have the money. 11 COMMISSIONER LETZ: That's why we're doing this 12 C.O., 'cause as soon as we have the money, then we're going 13 to authorize the documents to go out for -- you know, and 14 hopefully they'll come in low. 15 COMMISSIONER MOSER: You were talking about one 16 entity here. All I'm saying is, let's look at each one of 17 these things before we say that's what we -- that's what we 18 ought to do. 19 COMMISSIONER LETZ: Well, I think there's a cost. 20 I mean, we do need -- before I agree to spend more on a fire 21 station, yes, there's more information I need there, but we 22 can't issue a C.O. every three to four months. 23 COMMISSIONER MOSER: Why do we have to do a C.O.? 24 COMMISSIONER LETZ: Because we don't have three 25 million dollars sitting around that's unobligated funds. 1-13-14 81 1 COMMISSIONER MOSER: Why do we have -- why can't we 2 let the voters help us decide this? That's my fundamental 3 question. Why do we need to do a C.O. which doesn't have any 4 input from the -- from the voters? 5 COMMISSIONER LETZ: I think it has. We have -- 6 I've had input from a lot of voters, but the C.O. has been a 7 very successful way that we've renovated this building. 8 We've renovated the building next door. We've renovated a 9 lot of -- of projects in the county, built a lot of projects, 10 done a lot. We've -- 11 COMMISSIONER OEHLER: The annex at the jail. 12 COMMISSIONER LETZ: Did the annex at the jail, all 13 of those with C.O.'s, and the benefit is they're short-term. 14 COMMISSIONER MOSER: It's a way to borrow money; I 15 understand that. 16 COMMISSIONER LETZ: And it works, and it's been 17 very effective, and we have minimal long-term debt in this 18 county. We're probably the envy of almost any county in the 19 state because we have been extremely conservative financial 20 stewards, and continue. And this is the next step in that 21 process, to me, and that's why I put it on the agenda. 22 COMMISSIONER MOSER: Well, and I think C.O.'s have 23 their -- their purpose. I don't see a reason to have a C.O. 24 to do this right now. I mean, my goodness, if we don't need 25 to borrow money, we could reduce tax rates. How would that 1-13-14 82 1 be? That would be great. 2 COMMISSIONER LETZ: It's nice to reduce tax rates, 3 but we need -- we're also -- in my mind, I'm elected to make 4 sure we maintain the Sheriff's Department, public safety. We 5 don't have a million dollars for that right now. We didn't 6 have it the last time. 7 COMMISSIONER MOSER: If we have something that's an 8 emergency, I couldn't agree with you more. 9 COMMISSIONER LETZ: But it's a C.O. You disagree 10 with C.O.'s? 11 COMMISSIONER MOSER: A C.O. is a way to short-term 12 finance county functions. We have a building out there that 13 we -- that you -- the current exhibit hall is in terrible 14 shape. Everyone agrees, and that's unanimous. There's an 15 option whether you try to renovate it, which I disagree with 16 your assessment, or build a new facility. I go with not 17 building a new facility. 18 COMMISSIONER LETZ: This Court has made the 19 decision, in my mind. 20 COMMISSIONER MOSER: Anyway -- so, anyway, that's 21 my -- 22 COMMISSIONER BALDWIN: Let's don't beat this thing 23 any longer. I mean, we're not -- we're going to argue. 24 COMMISSIONER MOSER: Thank you for letting me say 25 that. I appreciate it. 1-13-14 83 1 COMMISSIONER BALDWIN: You're welcome. We don't 2 want to do it again, though. (Laughter.) No, the -- you 3 know, we're going to get the opportunity to speak our piece 4 when we vote on what we're going to do. 5 COMMISSIONER MOSER: Sure. Well, just in case I 6 had to leave before we voted, I wanted to say it. 7 COMMISSIONER LETZ: May I say one other thing 8 before we do that? And Dusty -- I'll let him correct me if 9 I'm wrong. What we're doing today is setting a maximum 10 amount that we're going to set it on. These are -- and 11 notice is going out today essentially saying -- this is not a 12 vote to do it; this is a vote to say that we are going to 13 publish notice that we are -- 14 COMMISSIONER OEHLER: Intent. 15 COMMISSIONER LETZ: Intent. 16 COMMISSIONER MOSER: Intent. 17 COMMISSIONER LETZ: Intend to do it, up to the 18 amount they'll specify. 19 COMMISSIONER BALDWIN: Would you like for me to 20 call Item 17 now? 21 COMMISSIONER LETZ: Yes. 22 COMMISSIONER BALDWIN: Are we through with 16? 23 COMMISSIONER LETZ: And 18. 24 COMMISSIONER BALDWIN: Are you through with 16? 25 COMMISSIONER MOSER: Yeah, I think so. 1-13-14 84 1 COMMISSIONER BALDWIN: I'm going to call Item 1.17 2 and 1.18. 1.17 is consider, discuss, take appropriate action 3 on order expressing official intent to reimburse with 4 tax-exempt obligation proceeds for costs associated with 5 constructing or acquiring various public improvements in the 6 county. Item 1.18 is consider, discuss, and take appropriate 7 action on order authorizing publication of notice of 8 intention to issue certificates of obligation to finance 9 various public improvements in the county. Commissioner 10 Letz? 11 COMMISSIONER LETZ: These are the legal obligations 12 to -- for us to proceed if we are to issue certificates of 13 obligation. These are not the votes to do it; these are the 14 notice of intent. And I'll turn it over to our advisers. 15 MR. TRAYLOR: Commissioners, good afternoon. Dusty 16 Traylor with RBC Capital Markets. I'm a director at RBC 17 Capital Markets. Together with Bob Henderson, we've had the 18 opportunity to work with Kerr County as financial advisers 19 for many years. The items on your agenda that you've just 20 brought up here, the first one is a reimbursement resolution. 21 What that reimbursement resolution allows you to do would be 22 to -- it would allow you to reimburse the county's general 23 fund for any dollars spent on these specified capital 24 projects prior to the issuance of those obligations. Just 25 kind of -- it's a good housekeeping chore, such if you've got 1-13-14 85 1 some initial work that you're doing, some initial 2 expenditures that you're doing, you can come back, reimburse 3 the general fund with those bond proceeds, put them back in 4 the bank account, so to speak. 5 The second item that you brought up is the notice 6 of intent to issue certificates of obligation. What that 7 notice of intent is doing is, that notice must be published 8 in the paper for a period of at least 30 days prior to the 9 issuance of these certificates of obligation. And as you 10 guys stated just a few moments ago, what the notice does is, 11 it sets out a maximum or a not-to-exceed amount of 12 certificates of obligation that the County can issue at that 13 one time. You have -- I believe that there were two separate 14 notices that were prepared. There was a three and a half 15 million dollar notice and a four million dollar notice for 16 you guys to consider and act on. We have done some 17 preliminary numbers crunching. Because of the -- the 18 County's debt structure and your portfolio of debt, you've 19 got the ability to undertake these projects within your 20 existing tax rate. You've got a significant dropoff in your 21 debt coming up here over the course of the next couple years, 22 and this will fit in there, and you'll be able to accommodate 23 this debt based on that. 24 What y'all do today following this -- following the 25 approval of the notice -- that notice, again, has got to be 1-13-14 86 1 published for 30 days. During that period, we -- Bob, 2 myself, Tom Spurgeon and his team -- will begin working with 3 the rating agencies, underwriters and those sorts to prepare 4 the offering document, get the County's rating updated, and 5 then prepare to go out for the actual sale that would take 6 place sometime in February, and would have to be approved. 7 That sale would have to be approved with an additional motion 8 here to Commissioners Court sometime at one of your February 9 court meetings. 10 COMMISSIONER MOSER: What does all that cost? 11 MR. TRAYLOR: There are costs -- the cost of 12 issuance on a $4 million bond, I would put that -- or a 13 $4 million certificate of obligation, I would put that at 14 approximately $65,000 to $70,000. Plus $7 a bond, so, 15 probably another 25,000 to 30,000 on top of that. 16 COMMISSIONER MOSER: So, what's the total? 17 MR. TRAYLOR: Around 100,000. 18 COMMISSIONER MOSER: $100,000? 19 MR. TRAYLOR: And that can be built into the -- the 20 certificate of obligation itself. 21 COMMISSIONER MOSER: But it's still a cost to us. 22 Its $100,000. 23 MR. TRAYLOR: Certainly. 24 COMMISSIONER MOSER: Okay. 25 COMMISSIONER LETZ: The 4 million and 3.5 million, 1-13-14 87 1 our current debt, I think, is .0516? 2 MR. TRAYLOR: That's correct. 3 COMMISSIONER LETZ: We could accommodate or issue 4 that amount of debt up to 4 million? Or up to 3.5? 5 MR. TRAYLOR: Up to 4 million. 6 COMMISSIONER LETZ: Up to 4 million? 7 MR. TRAYLOR: Yes, sir. 8 COMMISSIONER LETZ: And then the actual amount we 9 can determine between now and the issuance, and then we can 10 make it, you know -- 11 COMMISSIONER OEHLER: Couldn't go over, just up to. 12 MR. TRAYLOR: You can't go over four, but let's say 13 sometime between now and then, you determine that 3.75 gets 14 it done, or 3.25 gets it done. Then that's the amount that 15 you can issue. 16 COMMISSIONER LETZ: Okay. 17 MR. TRAYLOR: Sure. You do not have to issue the 18 full four. 19 COMMISSIONER LETZ: Okay, that answers my question. 20 COMMISSIONER BALDWIN: Is there a -- at what point 21 do you plan on voting? 22 COMMISSIONER LETZ: I plan on voting on these -- 23 two of these items now. 24 COMMISSIONER BALDWIN: Now. To actually set a 25 figure, whether it be 3.5 or 4 million? 1-13-14 88 1 COMMISSIONER LETZ: I would -- my preference, what 2 I would -- what -- which one do we do first? The first one 3 doesn't have a dollar amount in it, correct? Or does it? 4 MR. TRAYLOR: I don't believe that it -- that it 5 has a dollar amount in it. I have to -- 6 MS. HARGIS: It does. 7 MR. TRAYLOR: Does it? 8 MS. HARGIS: So we can -- we can change it. You 9 just need to say what you want. 10 MS. TAYLOR: Then it should say -- 11 COMMISSIONER LETZ: Okay. 12 MR. TRAYLOR: -- not more than 4 million. 13 COMMISSIONER LETZ: I'll make a motion to -- under 14 Item 1.17, to pass an order expressing official intent to 15 reimburse with tax-exempt obligation proceeds for the costs 16 associated -- association with the constructing or acquiring 17 various public improvements in the county in an amount not to 18 exceed 4 million dollars. 19 COMMISSIONER OEHLER: Second. 20 COMMISSIONER BALDWIN: Okay. We have a motion and 21 second on Item 1.17. Any further discussion? Tom, would you 22 like to talk? 23 COMMISSIONER MOSER: No, I've said what I wanted to 24 say. 25 COMMISSIONER BALDWIN: Okay. And so we'll call for 1-13-14 89 1 a vote. All in favor, raise your right hand. 2 (Commissioners Baldwin, Letz, and Oehler voted in favor of the motion.) 3 4 COMMISSIONER BALDWIN: So, there's three votes. Is 5 there any opposition? 6 (Commissioner Moser voted against the motion.) 7 COMMISSIONER BALDWIN: One vote against. Motion 8 passes. 9 COMMISSIONER LETZ: Okay. 10 MS. HARGIS: The publication is 31 days, so -- and 11 the approval date will be on the 24th of February, which is 12 in the notice. So if you -- that puts us at a little less 13 than 31 days, but we have to publish it twice, so it gives us 14 plenty of time in case there's a problem. If you want to 15 make it earlier than that, we can. 16 COMMISSIONER LETZ: No. 17 COMMISSIONER OEHLER: We need to do 18, right? We 18 need to do 18 also, right? 19 COMMISSIONER LETZ: Yes. 20 MS. HARGIS: Yes. I need this because if we spend 21 any money, then that gives me the ability to pay back the 22 general fund. 23 COMMISSIONER LETZ: That was 17; we did that one 24 already. Under 18, I'll make a motion that we pass an order 25 authorizing publication of notice of intention to issue 1-13-14 90 1 certificates of obligation to finance various public 2 improvements in the county in an amount not to exceed 3 4 million, and to allow for the appropriate 31-day notice 4 period. 5 COMMISSIONER OEHLER: Second. 6 COMMISSIONER BALDWIN: I have a motion and second. 7 Any further discussion? I've got a question, now. I'm 8 looking at this document right here. 9 COMMISSIONER OEHLER: Mm-hmm. 10 COMMISSIONER BALDWIN: And I'm assuming that this 11 is the list of items that -- that we're going to pay for. 12 COMMISSIONER LETZ: This list? Oh, yeah, I've 13 already seen it. Okay. 14 COMMISSIONER BALDWIN: And it includes Hill Country 15 Youth Event Center, existing event hall, indoor arena, fire 16 station, and then on the triple-I, "acquire, construct, and 17 equip extensions, additions, and improvements to various 18 county parks and the county jail." What the hell does that 19 mean? 20 COMMISSIONER LETZ: That is -- 21 COMMISSIONER MOSER: I second that. 22 COMMISSIONER LETZ: This list right here is broad 23 to allow us to come up with the exact dollar amount. It 24 just -- as I read this, it's just saying that our -- our 25 final number can include any of these things. I don't think 1-13-14 91 1 it's going to include either of those items on the final 2 version, but it just gives us flexibility to look at it. 3 MS. HARGIS: It also gives you the flexibility, 4 once we complete the projects, if there is funds available, 5 then you're allowed to use those unallocated funds on these 6 projects. 7 COMMISSIONER BALDWIN: As well as these that are 8 unallocated from years ago? 9 MS. HARGIS: Yes, sir. 10 COMMISSIONER BALDWIN: Okay. Well, it just seems 11 to me -- and the order here is that you're going to put out 12 in the public a notice of intent to issue certificates. 13 MS. HARGIS: Yes, sir. 14 COMMISSIONER BALDWIN: For 4 million dollars. 15 And -- 16 MS. HARGIS: If you would like us to change the 17 order, we can. At the time, we just -- 18 COMMISSIONER BALDWIN: I'm not talking about that. 19 I'm talking about, do you -- are you intending to build a new 20 county jail? 21 MS. HARGIS: No, we said improvements. We put that 22 in there for -- he had requested cameras, and I wasn't sure 23 if the cameras were the only thing, but the cameras are 24 included on that. 25 COMMISSIONER BALDWIN: So, at what time do we put 1-13-14 92 1 the correct verbiage? I mean, I'm just concerned about -- 2 we're saying the wrong things. 3 MS. HARGIS: We've done all of our issues this way; 4 we've made them broad so that you can have the opportunity. 5 The actual notice in the paper, we can -- we can define it a 6 little better, if that's what you want. But our attorneys 7 always said, you know, that we need to leave it a little 8 broader, so that if his cameras include something else that 9 has to go with the camera, such as computer equipment, that 10 we can't buy the computer equipment if we specifically say 11 exactly what you're going to buy. 12 COMMISSIONER LETZ: As an example of this -- we 13 haven't looked at it yet; I probably shouldn't bring that one 14 up. I'll probably wait till it comes before us. But as an 15 example, our last one talked about Environmental Health 16 Department/Animal Control, and there's -- I think most of us 17 are aware that Ray is looking at building an addition out 18 there. 19 COMMISSIONER MOSER: No, I wasn't aware of that, 20 but okay. 21 COMMISSIONER LETZ: He's looking at it, talking 22 about it. We have the flexibility to use those funds to 23 build that, because we -- because we came in under budget on 24 some other projects. It comes to us to make a decision on 25 it, but we could. You know, we can limit this more. I have 1-13-14 93 1 no problem with it, but then it's like Road and Bridge, you 2 know -- 3 MS. HARGIS: If we have funds left at the end, then 4 we couldn't use them on Road and Bridge, or we couldn't use 5 them for improvements. 6 COMMISSIONER BALDWIN: Let me read some words here 7 to you. "Acquire, construct, and equip extensions." What 8 does that mean? 9 MS. HARGIS: Well, I think -- 10 COMMISSIONER BALDWIN: Are we talking about water 11 lines? Or -- 12 MS. HARGIS: Equipment extensions. Equipment 13 extensions. 14 COMMISSIONER MOSER: Fire hose extension. 15 COMMISSIONER BALDWIN: What -- what is an equipment 16 extension? I'm sorry I'm asking dumb questions. 17 MS. HARGIS: We're adding cameras, so that's 18 equipment. We're adding cameras. We're adding the digital 19 radio system, which we didn't have on here at the time, and 20 we were trying to cover everything that we thought we might 21 need. For instance, the computers for -- because in 2015 is 22 when we don't have any more funds available for capital for 23 our computers. So, in case there were enough funds available 24 in this issue, we could do it. Then we would have the 25 flexibility to do that. 1-13-14 94 1 COMMISSIONER BALDWIN: Let me ask a question. 2 MS. HARGIS: Okay. 3 COMMISSIONER BALDWIN: Before you -- take you a 4 deep breath there; I'll get back to you. So, this equipment 5 extension is not necessarily related to a county park. 6 MS. HARGIS: No. No. 7 COMMISSIONER BALDWIN: Okay. 8 MS. HARGIS: Just general. 9 COMMISSIONER BALDWIN: Okay. 10 MS. HARGIS: It's just -- 11 COMMISSIONER LETZ: It could be. We've talked -- 12 as an example, we've talked about restrooms out there, we're 13 going to have to do that. 14 COMMISSIONER BALDWIN: That's an equipment 15 extension? 16 COMMISSIONER LETZ: It would be if you do a sewer 17 line. 18 COMMISSIONER BALDWIN: Well, that's what I'm 19 getting at. Is that what we're talking about, like water 20 lines? That's the first thing that popped in my mind. 21 COMMISSIONER LETZ: It was just in there because we 22 had talked about doing parks improvements. We can take parks 23 out of there. I think the jail needs to stay, but -- 'cause 24 the jail, we're not sure. Parks, I don't have anything lined 25 up, any of that. 1-13-14 95 1 COMMISSIONER BALDWIN: I'm just trying to 2 understand. I'm just trying to understand exactly what we're 3 doing. We're voting here to get $4 million, and I kind of 4 want to know what we're planning on spending it on. 5 COMMISSIONER LETZ: And I think -- 6 COMMISSIONER BALDWIN: And equipment extension to a 7 county park just doesn't make sense to me, I'm sorry. 8 MR. HENNEKE: I don't think it's equipment 9 extensions. It's to equip extensions, additions, and 10 improvements. 11 COMMISSIONER BALDWIN: Oh, that makes it clear. 12 (Laughter.) Now we're getting the lawyers involved. 13 SHERIFF HIERHOLZER: Take out the word 14 "extensions." 15 MS. HARGIS: If we did have to extend a water line, 16 we have the capability of extending a water line. 17 COMMISSIONER BALDWIN: Very good. 18 MS. HARGIS: And you have to -- for construction, 19 you have to acquire the easements. If you added it, then you 20 use the word "additions." Again, there's an attorney trying 21 to make sure we cover every -- we don't know exactly what we 22 want to do at the park today, and we're trying to define that 23 between now and the time that you actually vote, like we did 24 last time. If you'll recall, last time in 2012, I gave you 25 this big list that was, like, five pages long of what 1-13-14 96 1 everybody wanted, and at the end of the day, we cut those 2 lists down to what we actually could do, and -- and that's -- 3 that's what we're doing here today. And so in between now 4 and when you actually vote on the bond -- the certificates of 5 obligation, we will have all that defined. 6 COMMISSIONER MOSER: So, let me see if I can 7 summarize. So -- so what we're asking for here is an intent 8 to go out and borrow money, up to $4 million, okay, for a 9 bunch of things, and it doesn't matter what we put in there. 10 We just want to make sure we cover everything we can think 11 of, and that's what we're talking about today. So, just the 12 -- the intent to go borrow money. 13 MS. HARGIS: This is the intent, right. 14 COMMISSIONER MOSER: Okay. It's the intent to go 15 borrow money with a certificate of obligation, so let me be 16 on the record for that. I have -- and so it's going to cost 17 us about $100,000 to do this, ballpark. What would -- how 18 much would we have to pay if we -- if we follow through on 19 this? And I know you're not going to know exactly, but 20 what's our interest cost on this four million dollars? 21 COMMISSIONER OEHLER: That's for the bond sale. 22 COMMISSIONER MOSER: I understand. I said a 23 ballpark. He's got a number. 24 MR. TRAYLOR: Sure. Over the -- over the life -- 25 COMMISSIONER MOSER: Yeah, over the life. 1-13-14 97 1 MR. TRAYLOR: Yeah, sure. I mean, assuming a 2 4 percent interest rate, which is -- 3 COMMISSIONER MOSER: Okay. 4 MR. TRAYLOR: -- slightly higher than where we 5 ought to be -- 6 COMMISSIONER MOSER: What's your number? Whatever 7 you want to -- 8 MR. TRAYLOR: At $4 million over a 20-year deal, 9 about $1.9 million in interest. 10 COMMISSIONER MOSER: Okay. So, about two million 11 bucks, okay. 12 COMMISSIONER BALDWIN: Do we have a motion? 13 COMMISSIONER LETZ: I made a motion. 14 COMMISSIONER OEHLER: I made a second. 15 COMMISSIONER BALDWIN: Motion and a second? We 16 have a motion and second. Any further discussion? All in 17 favor, raise your right hand. 18 (Commissioners Baldwin, Letz, and Oehler voted in favor of the motion.) 19 COMMISSIONER BALDWIN: All opposed? 20 (Commissioner Moser voted against the motion.) 21 22 COMMISSIONER BALDWIN: Three to one. Motion 23 carries. Thank you. 24 MR. TRAYLOR: Thank you. 25 COMMISSIONER LETZ: Thank you, Dusty. 1-13-14 98 1 COMMISSIONER BALDWIN: That's it, boys. 2 COMMISSIONER MOSER: We have something else? 3 COMMISSIONER BALDWIN: I think that's it. 4 COMMISSIONER LETZ: We can go eat now? 5 COMMISSIONER BALDWIN: Okay, go. 6 (Discussion off the record.) 7 COMMISSIONER LETZ: You have to sign these things. 8 COMMISSIONER BALDWIN: This meeting is over. 9 COMMISSIONER MOSER: Make note, I didn't leave the 10 meeting early. 11 (Commissioners Court adjourned at 12:45 p.m.) 12 - - - - - - - - - - 13 14 STATE OF TEXAS | 15 COUNTY OF KERR | 16 The above and foregoing is a true and complete 17 transcription of my stenotype notes taken in my capacity as 18 official reporter for the Commissioners Court of Kerr County, 19 Texas, at the time and place heretofore set forth. 20 DATED at Kerrville, Texas, this 16th day of January, 21 2014. 22 23 JANNETT PIEPER, Kerr County Clerk 24 BY: _________________________________ Kathy Banik, Deputy County Clerk 25 Certified Shorthand Reporter 1-13-14