1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, March 10, 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 March 10, 2014 2 PAGE 3 --- Visitors' Input 5 --- Commissioners' Comments 7 4 1.1 Consider/discuss, take appropriate action for 5 final approval regarding alternate plat for Ridge Acres off Skyline Road in Center Point 9 6 1.2 Consider/discuss, take appropriate action to 7 name a private road that is privately maintained “Eckert Rd. East”, Precinct 3 11 8 1.3 Consider/discuss, take appropriate action for 9 Court's approval concerning budget amendments for Engineering Superintendent position at Kerr 10 County Road and Bridge Department 14 11 1.4 Consider/discuss, take appropriate action to set a special meeting on March 17, 2014, at 9 a.m. to 12 appoint County Attorney 16 13 1.5 Consider/discuss, take appropriate action regarding interlocal agreement with City of Kerrville for 14 firefighting and emergency medical services 24 15 1.6 Consider/discuss, take appropriate action to request unclaimed capital credits received from 16 Electric Cooperative pursuant to Section 74.602 of Texas Property Code; authorize Commissioner 17 Baldwin to prepare letter of request 28 18 1.7 Consider/discuss, take appropriate action to accept customer agreement between MetLife and 19 Kerr County, Commissioner Baldwin to sign same 29 20 1.8 Consider/discuss, take appropriate action to replace copier/scanner for Environmental Health/ 21 Animal Services Department; authorize Commissioner Baldwin to sign same 30 22 1.9 Consider/discuss, take appropriate action to 23 authorize Kerr County Environmental Health/Animal Services Director to fill vacant budgeted Animal 24 Control/Kennel Assistant position 31 25 1.12 Consider/discuss, take appropriate action regarding burn ban regulations 31 3 1 I N D E X (Continued) March 10, 2014 2 PAGE 3 1.13 Consider/discuss, take appropriate action concerning scope of work revisions and related 4 costs for Center Point wastewater project 42 5 1.15 Consider/discuss, take appropriate action to remove Ingram Hills Road District from the 6 appraisal rolls beginning with the 2014 tax year 50 7 1.10 Consider/discuss, take appropriate action to present a resolution from AACOG Board of 8 Directors to Judge Tinley’s family 50 9 1.11 Consider/discuss, take appropriate action regarding Texas Department of Transportation 10 San Antonio District Roadshow: 2015-2018 project list for Kerr County Rural Transportation 11 Improvement Program (TIP) 55 12 1.14 Consider/discuss, take appropriate action on beginning demolition of existing Exhibit Hall 13 at Hill Country Youth Event Center 74 14 1.16 Consider/discuss, take appropriate action to allow Maintenance Department personnel to take 15 county vehicles home when they are on-call 81 16 1.17 Consider/discuss, take appropriate action to hire a custodian for Maintenance Department to 17 fill a budgeted vacant position 83 18 1.18 Consider/discuss, take appropriate action to accept donation from TexDOT of asphalt millings; 19 TxDOT to deliver the material to location as determined by the Commissioners’ Court 85 20 1.19 Consider/discuss, take appropriate action to 21 authorize Phase 2 with TROTT Communication for Sheriff’s Office emergency communications system 87 22 1.20 Consider/discuss, take appropriate action to 23 terminate Chapter 381 Economic Development Agreement between Kerr County and Robert W. 24 Boerner/ZYX Corporation, Inc., d/b/a Culligan of Kerrville, d/b/a Culligan of the Hill Country, 25 and d/b/a Culligan of the Texas Hill Country 87 4 1 I N D E X (Continued) March 10, 2014 2 PAGE 3 1.21 Consider/discuss, take appropriate action to approve updated signatory resolution for TxCDBG 4 Contract #712025 to add Commissioner Pct. 1 and Commissioner Pct. 2 as designated signers for 5 grant contract forms; allow Commissioner Baldwin to sign same 89 6 1.22 Consider/discuss, take appropriate action to 7 request extension to East Kerr Regional Water Planning Project from TWDB; authorize Commissioner 8 Letz to sign same and other related documents as may be needed 91 9 4.1 Pay Bills 94 10 4.2 Budget Amendments 95 4.3 Late Bills 96 11 4.4 Approve and Accept Monthly Reports 97 12 5.1 Reports from Commissioners/Liaison Committee Assignments -- 13 5.2 Reports from Elected Officials/Department Heads 98 14 --- Adjourned 107 15 16 17 18 19 20 21 22 23 24 25 5 1 On Monday, March 10, 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. This is the Commissioners Court of Kerr County. 9 It is 9 a.m. Monday, March the 10th, 2014. We're in the 10 Commissioners Courtroom with all four Commissioners present, 11 and Commissioner Letz, you have something for us? 12 COMMISSIONER LETZ: Would everyone stand for a 13 moment of prayer, followed by the pledge? 14 (Prayer and pledge of allegiance.) 15 COMMISSIONER BALDWIN: Thank you. You may be 16 seated. I want to start this morning by hearing comments 17 from the citizens. If you have something that you want the 18 Commissioners Court to know about that's not an agenda item, 19 we have forms on the back table. We'd appreciate it if you'd 20 fill one out, just to help -- help us keep everything in line 21 and in order. But if not, I'm going to give you the 22 opportunity to come up to the podium and talk anyway. I have 23 two participation forms here, and we'll just go right to 24 them. Ladies first. Vicky Marsh. 25 MS. MARSH: Good morning Commissioners. I'm here 3-10-14 6 1 to thank you all for your prompt action on getting us a 2 Veteran County Service Officer. I think it was done in 3 record time for a bureaucracy of any size, and we're 4 especially pleased because we hope that Maggie Baker will be 5 able to do outreach to help our surviving members of 6 veterans. We have a large number -- as y'all saw in last 7 week's Kerrville Daily Times, we've got like 17 percent 8 seniors, and a large number of those surviving widows or 9 widowers are -- are in need, and likely living in poverty. 10 So, we thank you for that. 11 COMMISSIONER BALDWIN: Thank you, ma'am. I 12 appreciate that. Gary Noller? 13 MR. NOLLER: Thank you. My name's Gary Noller, 140 14 Ray Drive North in Center Point, and I too would like to 15 extend the gratitude to the Commissioners and to the late Pat 16 Tinley for the action taken on the county service officer. 17 We believe that it will be very effective, very helpful to 18 veterans, and we'd like to let you know that if you have any 19 questions that we veterans may be able to answer to help with 20 this perspective as things go down the line here, we're happy 21 to do that. We've got the leaders from about four 22 organizations here this morning; Bill Bacon and Bill 23 Cantrell, in addition to Vicky and myself. So, thanks again. 24 We're very appreciative of this action. 25 COMMISSIONER BALDWIN: Thank you very much, sir. 3-10-14 7 1 Are there others in the room that would like to speak before 2 us this morning? Not seeing anyone coming forward, we'll go 3 into the Commissioners' -- Commissioners' comments. 4 Commissioner Letz? 5 COMMISSIONER LETZ: Only thing I have to say is 6 election season is almost over. 7 COMMISSIONER BALDWIN: Praise the Lord. 8 COMMISSIONER LETZ: Praise the Lord. 9 COMMISSIONER MOSER: Double praise the Lord. 10 COMMISSIONER LETZ: Most of the signs appear to be 11 gone, which is good. And I see Mr. Pollard's in the 12 audience, which I think congratulations is in order. 13 Welcome. We look forward to having you serving up here with 14 us. And that's about it. There is one runoff in the room. 15 The County Attorney is in a runoff, I believe, but I think 16 Representative Hilderbran bowed out of his race, which was 17 interesting. But, anyway, a good election season; we had a 18 lot of candidates, which it's always good to have. That's 19 it. 20 COMMISSIONER BALDWIN: Thank you. Commissioner 21 Oehler? 22 COMMISSIONER OEHLER: Well, that's kind of -- to 23 expound a little bit on what you were saying about the 24 elections, you know, nobody would even have a clue or 25 understand what it's like to run for public office, and it is 3-10-14 8 1 -- it is very time-consuming; it's very expensive. You put 2 yourself out there, and you never know how it's going to turn 3 out till the votes are counted. You put your life in the 4 hands of a lot of other people. And I would say that, you 5 know, those that put their names forward, I commend them for 6 doing so. It is one of the most heart-wrenching things 7 anybody could ever do is run for public office, and then 8 serve in public office and take some of what goes with it. 9 But, anyway, congratulations to the winners, and also to the 10 ones that did not fare well for at least trying. 11 COMMISSIONER BALDWIN: Commissioner? 12 COMMISSIONER MOSER: I'll just weigh in on that 13 same subject, and also congratulations, and I hope that we 14 have smooth transitions in all those offices where we are 15 transitioning, from County Attorney to County Clerk and to 16 County Judge. I think we'll help the County Judge as best we 17 can. The others, we hope that the current office-holders can 18 help with that transition. And I had one other thing. I 19 guess I would just label it dirt being moved, okay? Dirt's 20 being moved out at the airport. If anybody has a chance to 21 go out there and see what Len Odom and his crew have done in 22 preparing the site for the T-hangars, they've done absolutely 23 fantastic, a beautiful job. Looks like a piece of art, what 24 they've done. Dirt's being moved in Kerrville South in 25 Precinct 1 and Precinct 2, the sewer lines that are being put 3-10-14 9 1 in. And getting ready to move a bunch of dirt in -- in 2 Center Point area and down toward Comfort, where they're 3 doing boring to get soil samples for that sewer project. So, 4 we're moving dirt. That's all I have. Thank you. 5 COMMISSIONER BALDWIN: That's a good thing to say. 6 The only comment I have is, I understand that there's a -- 7 Mark has an article in the paper this morning that I know, 8 for years, some of us have tried to talk about the difference 9 between county government and city government, and 10 articulated in 18 different languages, and can't seem to get 11 that message across. And I'm not knocking either one. I, of 12 course, prefer county government, but city government is a 13 beautiful thing itself. But Mark, I think, has done it. I 14 think he did -- I think he told the story, and I just -- I'm 15 just begging everyone to get a copy of the Kerrville Daily 16 Times today and read his article. And very, very well done, 17 Mark. Thank you. Don't pretend you're looking at -- you're 18 listening to what I'm saying. It was very well done. I 19 appreciate you doing that. 20 MR. ARMSTRONG: Thank you. 21 COMMISSIONER BALDWIN: Just to show -- it's -- he 22 shows the difference like we've all been trying to say all 23 these years. With that said, let's get into the agenda. 24 Item Number 1; consider, discuss, and take appropriate action 25 for the Court's final approval regarding the alternate plat 3-10-14 10 1 for Ridge Acres, 3.28 acres out of Thomas Robinson Survey 2 Number 45, Abstract Number 283, off Skyline Road in Center 3 Point, Precinct 2. Mr. Odom? 4 MR. ODOM: Yes, sir. Thank you. What you have 5 before you on your plat is correcting a -- a problem that was 6 done previously, and so we ask the Court for their approval 7 of this plat on Lot 1 in Center Point off Skyline. 8 COMMISSIONER MOSER: I think we've discussed that a 9 lot in the past, and I move for approval. 10 COMMISSIONER BALDWIN: We have a motion. Is there 11 a second? 12 COMMISSIONER LETZ: Second. 13 COMMISSIONER BALDWIN: Motion and second. Any 14 further discussion? All in favor, raise your right hand. 15 (The motion carried by unanimous vote.) 16 COMMISSIONER BALDWIN: Motion carries. None 17 opposed. 18 COMMISSIONER LETZ: Commissioner, if I can make one 19 comment, I would like to thank several of our departments, 20 Road and Bridge and Environmental Health Department, also our 21 County Surveyor. I think this was a difficult situation for 22 the people that live there; the lady is in bad health, and 23 everyone really went the extra mile to try to expedite this 24 one. I appreciate their efforts. 25 MR. ODOM: Also, may I bring up the County Surveyor 3-10-14 11 1 had asked for the O.S.S.F. -- was approached to waive the 2 O.S.S. review fees, and so I don't -- I just turned that over 3 to Lee Voelkel who requested that. Am I correct in that? 4 MR. VOELKEL: We're going to drop that request. 5 We're going to pay the fees. 6 MR. ODOM: You're going to drop the request? 7 MR. VOELKEL: Thank you, sir. 8 MR. ODOM: I have nothing else, thank you. 9 COMMISSIONER MOSER: Thank you. 10 COMMISSIONER BALDWIN: Okay, Item Number 2. 11 COMMISSIONER LETZ: We didn't vote, did we? Did we 12 vote? 13 THE CLERK: Yeah. 14 COMMISSIONER BALDWIN: I did. 15 COMMISSIONER LETZ: Sorry, I guess I probably did 16 too. 17 COMMISSIONER BALDWIN: It was a unanimous vote, 18 right. Item Number 2; it's a timed item at 9:05. Consider, 19 discuss, take appropriate action to name a private road that 20 is privately maintained "Eckert Road East" in Precinct 3. 21 Mr. Odom? 22 MR. ODOM: Yes. Mr. and Mrs. Eckert applied to the 23 911 office on February the 28th, 2014, to name a private road 24 Eckert Road East. This road is privately maintained, so at 25 this time, we ask the Court for the final approval naming 3-10-14 12 1 this private road -- privately maintained road Eckert Road 2 East, Precinct 3. 3 COMMISSIONER LETZ: Move approval. 4 COMMISSIONER BALDWIN: I have a motion. Is there a 5 second? 6 COMMISSIONER OEHLER: Second. 7 COMMISSIONER BALDWIN: And second. All in favor, 8 raise your right hand. 9 (The motion carried by unanimous vote.) 10 COMMISSIONER BALDWIN: Motion carries. Thank you. 11 COMMISSIONER MOSER: I have a comment on that, and 12 it has -- not with that; I think that that's great. My 13 comment or question -- and I don't think we can answer here, 14 but I think we need to pay attention to it -- is when a road 15 like this is changed, and 911 says, "Yea, verily," and they 16 change it on their maps, I think it's very, very important 17 that the EMS also get that change. 'Cause I know there's 18 been some complications in the past where this type of thing 19 has happened, and their mapping system is a little bit 20 different than the 911. So, I just bring that to the 21 attention of -- of everybody. And no action to be taken, but 22 it can cause a problem, you know, on these -- what seems to 23 be simple changes, but they can be far-reaching. So -- 24 COMMISSIONER BALDWIN: I think somebody sends out 25 a -- 3-10-14 13 1 MR. ODOM: Yeah. 2 COMMISSIONER BALDWIN: It's not me; I know that, 3 but somebody. 4 MR. ODOM: I'm thinking that 911 goes through that 5 process. 6 COMMISSIONER MOSER: 911 goes through the process, 7 but then the City and -- and we -- they have their commercial 8 mapping system, okay? That doesn't get updated at the same 9 rate at which it's being updated at 911, so I think there's 10 something that can fall through the cracks there. So -- 11 COMMISSIONER BALDWIN: Sure, we'll just take a 12 look. 13 COMMISSIONER MOSER: We'll take a look at it. 14 That's all I'm saying. 15 COMMISSIONER BALDWIN: Very good. I remember back 16 a long time ago when we started the address changing. 17 COMMISSIONER MOSER: Mm-hmm. 18 COMMISSIONER BALDWIN: I'll give you an example. 19 When we first started, there were five Bear Creek Roads in 20 this county. 21 COMMISSIONER MOSER: Right. 22 MR. ODOM: Yeah. 23 COMMISSIONER BALDWIN: And lot of that kind of 24 thing. Boy, I'll tell you what, it was a nightmare. So -- 25 SHERIFF HIERHOLZER: Buster, normally the clerk's 3-10-14 14 1 office sends us a copy of the court orders. That's how I get 2 them. 3 COMMISSIONER BALDWIN: Ah. 4 COMMISSIONER MOSER: Yeah, but the question is the 5 guy driving the ambulance, what's he looking at? 6 MR. ODOM: Computer. 7 COMMISSIONER MOSER: I can tell you, this afternoon 8 that street name will not be on his mapping system. 9 COMMISSIONER BALDWIN: Computer. 10 COMMISSIONER MOSER: That's the concern, okay. 11 COMMISSIONER BALDWIN: Item 3; consider, discuss, 12 take appropriate action for the Court's approval concerning 13 budget amendments for Engineering Superintendent position at 14 Kerr County Road and Bridge Department, Precincts 1, 2, 3, 15 and 4. Mr. Odom? 16 MR. ODOM: Yes, sir. I was asked by the Auditor's 17 office to put this on for a budget amendment for the 18 Engineering Superintendent position, and I did what I was 19 requested. I thought that we resolved the issue, what, a 20 week or two ago? And -- but she wants a confirmation that 21 the money's there, and I've given that, I think your last 22 page. 23 COMMISSIONER BALDWIN: Yeah. This -- 24 MR. ODOM: I was going to fund it. 25 COMMISSIONER BALDWIN: -- looks like to me she was 3-10-14 15 1 asking for specific line items -- 2 MR. ODOM: Right. 3 COMMISSIONER BALDWIN: -- and that kind of thing. 4 Do we have an order, or -- 5 MS. HARGIS: Yes. 6 COMMISSIONER BALDWIN: Are you happy with that? 7 MS. HARGIS: Yes. 8 COMMISSIONER BALDWIN: We got 'er. 9 COMMISSIONER LETZ: That's the information we need. 10 COMMISSIONER BALDWIN: I'll entertain a motion. 11 COMMISSIONER LETZ: I'll make a motion to approve 12 the budget amendment -- well, the, I guess, requested budget 13 amendment as presented, and then the Auditor will come 14 through with the formal request next meeting. Or this will 15 actually change it? 16 MS. HARGIS: That will change it. 17 COMMISSIONER LETZ: Okay. I'll make a motion we 18 approve the budget amendment as presented by Road and Bridge. 19 COMMISSIONER BALDWIN: We have a motion. Is there 20 a second? 21 COMMISSIONER OEHLER: Second. 22 COMMISSIONER BALDWIN: Second, okay. Now, is there 23 any discussion? 24 COMMISSIONER OEHLER: Yeah. The only discussion I 25 have is the fact that Leonard has the money in his budget to 3-10-14 16 1 do this this year; that it will have a budgetary impact next 2 year, possibly. 3 COMMISSIONER BALDWIN: Very good. Thank you. 4 Anything else? 5 COMMISSIONER MOSER: The -- I think as part of the 6 backup, the job description was -- was in there, if I'm not 7 mistaken. 8 MR. ODOM: Right. 9 COMMISSIONER MOSER: Am I on the right item here? 10 Yeah. And I think that -- I think Commissioner Letz brought 11 up a very good point in naming this position, that 12 floodplain -- doing work in the floodplain administration was 13 also being included. I didn't see that in the job 14 description. So, I don't think we need to take any action; I 15 just point that out to you. And, Dawn, if we need to make a 16 change there, we should do that. 17 MR. ODOM: Okay. 18 COMMISSIONER MOSER: Okay? Thank you. 19 COMMISSIONER BALDWIN: Now, did we vote? We're 20 going to vote. All in favor of the motion, raise your right 21 hand. 22 (The motion carried by unanimous vote.) 23 COMMISSIONER BALDWIN: Motion carries. Thank you. 24 Item 1.4; consider, discuss, take appropriate action to set a 25 special meeting on March the 17th, 2014, at 9 a.m. to appoint 3-10-14 17 1 County Attorney. Commissioner Letz? 2 COMMISSIONER LETZ: I put this on the agenda 3 because I think we all know up here, but I want to let the 4 public know that the -- we asked that the County Attorney, 5 Rob Henneke, stay in office -- or I guess continue in office 6 while he was running until we had a successor to appoint, and 7 we have that person now with Heather Stebbins. So, I put it 8 on the agenda just as -- to kind of let the public know that 9 we're doing what we said we were going to do all along. And 10 I also want to take the opportunity, 'cause this will be, I 11 believe, the last time that Mr. Henneke will be our County 12 Attorney before us here; I guess he'll serve the rest of the 13 week, or until that actual transition takes place. And 14 just -- I just want to thank him for, in my mind, a job well, 15 well done. He has been invaluable to me. He has worked 16 closely with me on agreements with the City numerous times, 17 Little League, Water Development Board, working with G.B.R.A. 18 on water issues. It's just been -- it's been a very positive 19 experience for me, and I think he did an outstanding job 20 representing this Court, and certainly the issues that I was 21 very concerned with. So, I just wanted to thank him, and 22 good luck in your upcoming runoff. That's about it. Thank 23 you very much. 24 COMMISSIONER OEHLER: Well, I'll echo that. I have 25 not had one time where he didn't do something I was asked -- 3-10-14 18 1 that I asked him to do for me to keep me out of trouble, you 2 know, as well, on things that could have been one way or the 3 other. But, you know, the law's the law, and you -- you 4 abide by that. And he has been very responsive, just almost 5 immediate on everything I've ever asked him to do, so I can't 6 thank him enough for the job he's done since he's been here. 7 And I hope that the new one coming in will be receptive, and 8 I believe she will be. I think she's going to be a good 9 County Attorney. It's going to take a while to get up to 10 speed on what goes on around here, but I'm looking forward to 11 it. But thank you, Rob. 12 COMMISSIONER MOSER: I want to echo what the other 13 two Commissioners have said about Rob. He's always been 14 there; he's always provided good guidance, and I certainly 15 hope that Rob will be able to help transition the new County 16 Attorney in as she comes forward, and I think that that'll be 17 critically important to the functionality of this Court, 18 and -- and the -- continuing the good work that the office of 19 the County Attorney provides. So, Rob, I hope that you can 20 help provide that transition. 21 COMMISSIONER BALDWIN: Rob, I agree with everything 22 that's been said, except I want to add to it that you've been 23 extremely -- very, very, very professional about everything 24 you've done. Your presentation before this Court and the 25 public that comes to this courtroom has been very 3-10-14 19 1 professional, and I appreciate that very much. You're just 2 one of those guys, so go get 'em. I want to add something 3 to -- or ask you a question about this agenda item. Would it 4 be appropriate, or would it be legal to add the County Judge 5 to this? 6 COMMISSIONER LETZ: I don't think we can add the 7 County Judge to this, but I think we can -- we can set the 8 meeting. We actually do not need an agenda item to do this. 9 I put this on the agenda so the public was aware of what we 10 were doing. Rather than just set the meeting later in the 11 week, I want to make a motion that we set a public meeting, 12 but the time we do need to adjust, because I believe Ms. 13 Banik's going to be at the Airport Board at 9 o'clock. But I 14 just -- I'll make -- you know -- 15 COMMISSIONER BALDWIN: 11:00. 16 COMMISSIONER LETZ: Right, it's at 11:00. I'll 17 make a motion that we just set a special Commissioners Court 18 meeting for March 17th at 11 a.m. to discuss appointing a new 19 County Attorney and other matters. 20 COMMISSIONER BALDWIN: We have a motion. Is there 21 a second? 22 COMMISSIONER OEHLER: Yes, second. 23 COMMISSIONER BALDWIN: And we have a second. Is 24 there any further things to say about it? 25 MR. HENNEKE: There is. Commissioner Baldwin, I 3-10-14 20 1 remember it's almost about four years ago when y'all swore me 2 in, and you told me that my first priority was making sure to 3 keep you out of jail, and -- 4 COMMISSIONER BALDWIN: So far. 5 MR. HENNEKE: -- I've been successful on that. 6 (Laughter.) I hope I'm not going to jinx anything, but -- 7 and, gentlemen, it's been a tremendous honor and pleasure to 8 work with you in service to Kerr County, and I'm very proud 9 of the accomplishments that we've worked on together for the 10 last four years with the, you know, challenges and the 11 individual issues, you know, coming in right off the bat. 12 We've had a -- you know, a huge issue over the ETJ. That was 13 resolved, you know, and in furtherance of the cooperation 14 that we've worked out with the City, we've had two rounds of 15 interlocal agreements. We went through the huge slugfest 16 over the CREZ transmission lines, and even though that -- we 17 weren't successful in that endeavor, I absolutely believe 18 that we did the right thing in standing up for this community 19 and for -- for Kerr County and participating in that. And, 20 you know, a tremendous amount of smaller issues that never 21 come to the Commissioners Court that I've enjoyed working 22 with each and every one of you on. 23 So, you know, I wanted to be here just to, you 24 know, thank y'all for working with me. Thank you for what 25 you've said. And just, you know, to reflect back just 3-10-14 21 1 briefly and, you know, take the time to think about the good 2 work that we've done, the way that we've offered ourselves in 3 service to Kerr County. That, you know, on the criminal 4 side, I'm very proud of the fact that, you know, last year 5 and the year before that, we both -- the hardworking people 6 in the County Attorney's office increased the fine revenue 7 generated in the County Court at Law, that for whatever small 8 percentage that's worth, it's still money that the taxpayers 9 are not going to have to pay and subsidize the criminal 10 justice system. And at the same time, you know, I can say, 11 you know, with absolute confidence and certainty that, you 12 know, we didn't give preferential treatment; we treated 13 everybody fairly. We treated everybody with respect. We 14 treated everybody with dignity. And also in keep in mind 15 the -- what the community wanted, what they wanted out of 16 this office. 17 And, you know, there's too many to thank. I just 18 am certainly glad that Lesley's here. We've been proud of 19 our service here. I've really enjoyed working with Sheriff 20 Hierholzer. I think the Sheriff's Office is the best law 21 enforcement we have in Kerr County, and by far anywhere else. 22 But, Tom, to speak to your point about the transition, I've 23 already met with Heather. I've already visited with her. 24 She is -- she's getting ready to go. I've told her that I 25 would help her with the smooth transition. The one thing I 3-10-14 22 1 can be proud of is that the ship is fully running. We've got 2 a great team in place. We've got all the pieces together, 3 and she's stepping into a fantastic operation. But just here 4 publicly, with most of the folks here in the county, 5 recognizing Ray with the excellent work that he does, you 6 know, I'd just like to give my heartfelt appreciation and 7 thanks to the citizens of Kerr County for affording me this 8 opportunity; to the elected officials and employees in Kerr 9 County for working with me, and specifically, Buster, you; 10 Tom, to you; Jonathan, you; and Bruce, to you, for all 11 y'all's friendship and dedication working with me for the 12 past four years. So, I'm excited about my future. I've got 13 some work to do these next 12 weeks. We're geared up, moving 14 forward, and I'm absolutely excited about the chance to work 15 with y'all further in another elected office, but always in 16 the furtherance and the first interests of what's best for 17 the people of this community. So, thank you again. 18 COMMISSIONER MOSER: I know you're going to be 19 super busy with your campaigning, as have you been, and been 20 doing a great job on both of those without -- without impact. 21 So, if there's anything that we can do to help encourage -- I 22 mean to help facilitate the transition, I think if you could 23 identify that for us, you know, rather than riding off into 24 the sunset, bring it forward, if you could. And we'll -- 25 MR. HENNEKE: Well, I've already worked on that, 3-10-14 23 1 Tom, and I'll just say that I want there to be no question 2 that, you know, it's been a good challenge. And, you know, 3 y'all's request that I continue to serve, you know, that's 4 required work at the same time we've been very busy 5 elsewhere. But, -- 6 COMMISSIONER MOSER: Sure. 7 MR. HENNEKE: -- you know, it was always the right 8 thing to keep my commitment to the citizens of Kerr County 9 until the next County Attorney was ready to step in. And 10 Heather's ready to step in, and I wish her well, and I 11 congratulate her on her race. But, you know, I was asked 12 about, you know, "Well, you could have just quit and walked 13 out," and to me, it's always been about doing the right 14 thing, and I've done that. That I had a commitment when I 15 was elected to serve as County Attorney, that I made a 16 commitment to work with you. I've kept that commitment. I'm 17 proud of what we've done in the interim, and it's the pride 18 that I have in this job where, Tom, I absolutely can provide 19 for a smooth transition for Heather. 20 COMMISSIONER MOSER: Super. 21 MR. HENNEKE: I've already worked on doing that. 22 And, like I said, she's got a -- she's stepping into a great 23 office. 24 COMMISSIONER MOSER: Good. Thank you. 25 COMMISSIONER LETZ: One other comment. Just -- I 3-10-14 24 1 don't know that -- the public doesn't know how much we talk. 2 They see Rob and us communicating in here. I don't even know 3 how many times I talk to Rob and we e-mail back and forth. 4 For every time that the City got a new draft from me from the 5 agreement, there's been two drafts going back and forth 6 between Rob and I, talking about the most recent EMS/fire 7 agreement. 8 COMMISSIONER MOSER: And likewise here. 9 COMMISSIONER LETZ: Yeah. I mean, you know, I 10 don't act and never have acted contractually -- on any kind 11 of contractual matter without running it by him, every draft, 12 every time. And Rob has been great at -- at giving us a 13 quick response back. At the same time, he knows that his job 14 is approving the form, not negotiating the deal. And -- and 15 that's -- that's been -- I really appreciate that part, 16 because a lot -- a lot of these deals is very difficult, and 17 I appreciate his -- his work. And, again, just thank you for 18 an outstanding job, Rob. Appreciate it. 19 MR. HENNEKE: You're welcome. 20 COMMISSIONER BALDWIN: We have a motion and second 21 on Item 4 to have a special meeting on March 17th at 11 a.m. 22 All in favor, raise your right hand. 23 (The motion carried by unanimous vote.) 24 COMMISSIONER BALDWIN: Motion carries. Thank you. 25 Item 1.5; consider, discuss, take appropriate action 3-10-14 25 1 regarding interlocal agreement with the City of Kerrville for 2 firefighting and emergency medical services. Commissioner 3 Letz? 4 COMMISSIONER LETZ: Yes. I think everyone received 5 a copy of that agreement. I believe y'all got copies, didn't 6 you? Y'all got copies. This went back and forth I don't 7 know how many times last week between the City and myself and 8 Tom. The form of the agreement didn't substantially change. 9 There is a -- a couple of changes. We tried to clean up a 10 lot of language that was just, in our minds, both sides, 11 confusing and irrelevant, language in there about brush 12 trucks and one truck going to this kind of fire, and the 13 bottom line is the City provides the service that, you know, 14 the Fire Chief feels we need where we need it, and that's the 15 way it should be. There -- I guess the only change of any 16 substance came on the dollars. The other morning, the motion 17 called for the C.P.I. or, I believe, 3 percent, whichever is 18 higher. After talking about that quite a while, it ended up 19 as being the C.P.I., that the -- the cap was taken off. 20 Because, you know, we certainly don't anticipate a 21 hyperinflation period in the next, you know, coming year; 22 certainly hope we don't get it, but it did happen in the 23 early '80's, and, you know, we don't -- we just need to 24 protect for that. 25 There was some language -- some other added 3-10-14 26 1 language back and forth on payment schedule. It -- the final 2 draft came up that we will pay monthly, and there's some 3 other provisions about that if we pay late -- over 30 days 4 late and notice and that kind of stuff, but nothing of 5 substance. It's basically the same agreement, other than 6 that one change that we approved, and then the City cleaned 7 up some language, and City approved the same agreement. So, 8 I'll make a motion to approve, or -- yeah, I guess to approve 9 the agreement as signed by the City of Kerrville, and 10 authorize Commissioner Baldwin to sign same. 11 COMMISSIONER MOSER: And I'll second that. 12 COMMISSIONER BALDWIN: We have a motion and a 13 second. Any further comments? 14 COMMISSIONER MOSER: Yeah. Just to pick up on what 15 Jonathan said, I think when we left the joint meeting with 16 the Commissioners Court and the City, we said let's -- let's 17 make this thing happen. If we have to keep the same 18 interlocal agreement, we will. Jonathan and I sat down with 19 the Mayor and with Councilman MacDonald, and I think he's 20 exactly right. We did some clean-up on it. So, we were dead 21 set to get that agreement. We weren't going to let it fall 22 through the cracks or let anything cause us not to approve 23 it, and I think the -- the thing that's on the table now that 24 you have copies of is something that's good for all the 25 residents of the entire county of Kerrville -- I mean of Kerr 3-10-14 27 1 County, including those in the city and those outside the 2 city. So, I think that this 10-year agreement is -- it's 3 going to provide us the momentum to continue on with the City 4 on some of our other interlocal agreements. The only other 5 thing that I -- I might address, Jonathan, is that -- is when 6 the City passed it, they authorized the Mayor to make any 7 minor adjustments necessary. I don't know if we want to add 8 that, to authorize Commissioner Baldwin to do that. I think 9 it's okay. 10 COMMISSIONER LETZ: I don't -- I don't think we 11 need that, 'cause I don't think there are any. It's already 12 signed. They can't change it. 13 MAYOR PRATT: I've already signed it. 14 COMMISSIONER MOSER: Oh, you've signed it? Good 15 enough. Forget what I just said. 16 COMMISSIONER OEHLER: Don't be changing anything. 17 COMMISSIONER BALDWIN: I've already signed it too. 18 COMMISSIONER MOSER: All right. Okay. End of my 19 discussion. 20 COMMISSIONER BALDWIN: So, the motion is to -- to 21 approve the interlocal agreement with the City of Kerrville 22 for firefighting/emergency medical services. All in favor, 23 raise your right hand. 24 (The motion carried by unanimous vote.) 25 COMMISSIONER BALDWIN: Motion carries. I've signed 3-10-14 28 1 it, and you have to sign it, and then the County Clerk -- 2 there's a place for the County Clerk. 3 (Applause.) 4 COMMISSIONER MOSER: That was for you being able to 5 sign, the applause. 6 COMMISSIONER BALDWIN: Item 6; consider, discuss, 7 take appropriate action to request unclaimed capital credits 8 received from Electric Cooperative pursuant to Chapter 74.602 9 of the Texas Property Code from the Texas Comptroller of 10 Public Accounts, and authorize Commissioner Baldwin to 11 prepare a letter of request. Ms. Hargis? 12 MS. HARGIS: Each year, the Comptroller's office 13 issues a credit. It's unclaimed capital credit from the 14 electric co-op's book to the different counties. The county 15 has to request that refund, and this letter requests that the 16 Court approve the request, that we write a letter requesting 17 these funds for both 2012 and 2013, and that the -- they 18 authorize Commissioner Baldwin to sign the letter of request. 19 COMMISSIONER BALDWIN: Oh, you're kidding. I'm 20 preparing the letter, too. 21 MS. HARGIS: Yes, true. 22 COMMISSIONER LETZ: How much money? 23 MS. HARGIS: They don't tell you how much money. 24 COMMISSIONER LETZ: You don't know? I move 25 approval of the agenda item. 3-10-14 29 1 COMMISSIONER BALDWIN: I have a motion. Is there a 2 second? 3 COMMISSIONER MOSER: Second. 4 COMMISSIONER BALDWIN: Any further discussion? All 5 in favor, raise your right hand. 6 (The motion carried by unanimous vote.) 7 COMMISSIONER BALDWIN: Motion carries. Thank you. 8 Item 7; consider, discuss, take appropriate action to accept 9 customer agreement between Met Life and Kerr County and have 10 Commissioner Baldwin sign the same. Ms. Lantz? 11 MS. LANTZ: Good morning, Commissioners. 12 COMMISSIONER BALDWIN: Good morning. 13 MS. LANTZ: This is something that was brought to 14 my attention by Alamo Insurance, an agreement that we have 15 with Met Life that did not get signed when we first went on 16 board with Met Life, and they're asking us to sign it. It's 17 just the responsibilities between Met Life and Kerr County. 18 COMMISSIONER BALDWIN: Okay. So this is something 19 that was done some time ago. It's not -- we're not -- you're 20 not selecting a new life insurance company. 21 MS. LANTZ: No, sir. 22 COMMISSIONER BALDWIN: Okay, super duper. 23 COMMISSIONER LETZ: Move approval. 24 COMMISSIONER BALDWIN: We have a motion. Is there 25 a second? 3-10-14 30 1 COMMISSIONER OEHLER: Second. 2 COMMISSIONER BALDWIN: Any further discussion? All 3 in favor, raise your right hand. 4 (The motion carried by unanimous vote.) 5 COMMISSIONER BALDWIN: Thank you, Ms. Lantz. And 6 where is that document? I have it? Okay. 7 COMMISSIONER MOSER: You've probably already signed 8 it. 9 COMMISSIONER BALDWIN: Very good, I do have it. 10 Number 8; consider, discuss, take appropriate action to 11 replace the copier/scanner for Environmental Health and 12 Animal Services Department and authorize Commissioner Baldwin 13 to sign the same. Mr. Garcia? 14 MR. GARCIA: Yes. This is just -- 15 COMMISSIONER BALDWIN: Do I have this document? 16 MR. GARCIA: Yes, sir, you have it. 17 COMMISSIONER BALDWIN: I see. 18 MR. GARCIA: And it's just a replacement; it's not 19 a new contract. 20 COMMISSIONER BALDWIN: Okay. 21 COMMISSIONER OEHLER: Move approval. 22 COMMISSIONER BALDWIN: Motion. Is there a second? 23 COMMISSIONER MOSER: Second. 24 COMMISSIONER BALDWIN: And any further discussion? 25 All in favor, raise your right hand. 3-10-14 31 1 (The motion carried by unanimous vote.) 2 COMMISSIONER BALDWIN: Motion carries. Thank you. 3 Number 9; consider, discuss, take appropriate action to 4 authorize -- authorize Kerr County Environmental 5 Health/Animal Services Director to fill vacant budgeted 6 Animal Control Kennel Assistant position. Mr. Garcia? 7 MR. GARCIA: Yes. I'm requesting to fill this 8 vacant position. As the agenda item says, it is a budgeted 9 position. 10 COMMISSIONER LETZ: Move approval. 11 COMMISSIONER OEHLER: Second. 12 COMMISSIONER BALDWIN: There's a motion and a 13 second. Any further discussion? Raise your right hand if 14 you agree. 15 (The motion carried by unanimous vote.) 16 COMMISSIONER BALDWIN: Thank you. 17 MR. GARCIA: Thank you. 18 COMMISSIONER BALDWIN: The next item is a timed 19 item, and so -- next items are, so we're going to go to 20 Mr. Moser here, Item 1.12; consider, discuss, take 21 appropriate action regarding burn ban regulations. 22 Commissioner Moser? 23 COMMISSIONER MOSER: Thank you. I bring this 24 forward because I've had a number of calls, since we've been 25 in such a dry period for so long, of people who would like to 3-10-14 32 1 be able to burn in containers with a screen on top. I know 2 we -- I think we're allowing the people to burn for cook 3 fires, campfires, and to stay warm, and so I bring this 4 forward with -- with the request that we authorize -- and 5 I'll ask the County Attorney to weigh in on this with me, 6 that we authorize people to be able to burn in -- in 7 containers with a screen -- proper screen on top, so that 8 they can get rid of some of the -- the debris that they have. 9 And that -- because a lot of people do not have the ability 10 to easily get rid of their trash and some of the goods that 11 burn easily and that. So, let me ask the County Attorney -- 12 I'll catch him off guard here, get his opinion on -- on doing 13 this. 14 MR. HENNEKE: You know, how you define it, I mean, 15 the more exceptions you put into the burn ban order, the 16 harder it is to -- to enforce, or for law enforcement to 17 respond. So, I mean, yes, you can. And I guess the 18 challenge would be, you know, in, you know, those 19 identifying -- you know, I guess could you just say the grate 20 over the top, but, I mean, if you're trying to be specific, 21 then you have to -- just like we have done with the other 22 parts of the order to, you know, say, you know, what the -- 23 what the rules are for doing that, how big a barrel, you 24 know, how thin the mesh on the grate. But, I mean, yeah, the 25 Court's got discretion, just as they did with the cooking 3-10-14 33 1 fires on the ground, which I guess you could cook with trash 2 to -- to do that. And if y'all want to provide for burning 3 of -- of trash, then you can amend the order to do that as 4 well. 5 COMMISSIONER MOSER: Okay. 6 COMMISSIONER OEHLER: I don't think anybody objects 7 to that. It's one of those things that if a fire gets away, 8 well, that's -- they're still responsible whether they're 9 burning in a container or not. 10 SHERIFF HIERHOLZER: I think if you remember, this 11 got taken out of the old order due to the -- the neighbors 12 coming in from out off Harper Road when another neighbor was 13 burning in a barrel and it was flying all over, even though 14 they had the mesh, and it was -- and that's when the Court 15 amended everything and took it out of the order to not allow 16 that, just as a reminder, 'cause it does cause issues that 17 are more important. 18 COMMISSIONER BALDWIN: But our citizens are so much 19 smarter now. 20 COMMISSIONER LETZ: I would -- 21 COMMISSIONER MOSER: And I think that's true; I 22 think they're smart about -- 23 COMMISSIONER BALDWIN: Sure they are. 24 COMMISSIONER MOSER: -- about it, and I think we 25 should, to the extent we can, remove that -- remove that from 3-10-14 34 1 the restrictions and let them proceed. 2 COMMISSIONER BALDWIN: Are you going to try to talk 3 about the size of the mesh or any of that? 4 COMMISSIONER MOSER: Well, I hadn't -- I'm not 5 prepared to do that. I don't know. There's probably 6 precedent set in other counties. Perhaps there's precedent 7 set in this county in the past with the size of the mesh, the 8 size of the container. Perhaps the best thing to do is to 9 put this on the agenda, do a little bit of homework on it, 10 and come forward with a recommendation on the size. So, 11 not -- I'm looking for any other comments or guidance. 12 COMMISSIONER LETZ: You read this recently? 13 COMMISSIONER MOSER: No, I haven't. 14 COMMISSIONER LETZ: I'll get a copy of this to the 15 rest of the Court. I just got this off the T.C.E.Q. website. 16 COMMISSIONER MOSER: Uh-huh. 17 COMMISSIONER LETZ: It's newer, probably better 18 than our last one that -- you know, it's -- there's a lot of 19 gray areas in burning, as we know. And the -- I'm not 20 certain that's not one of the exemptions already. 21 COMMISSIONER MOSER: Okay. 22 COMMISSIONER LETZ: But you -- when you read 23 through it all, it basically says that you can -- I'm not 24 sure burn bans have a whole lot of real teeth, other than 25 maybe it lets the public follow it. So -- but there are lots 3-10-14 35 1 and lots of exceptions to burning under a burn ban, even 2 under the state statute, and lots of different conditions. 3 But, anyway, there's -- I would encourage anyone to go to 4 T.C.E.Q. website and get the -- I'll certainly give this to 5 the Court; it goes over a lot of it, everything from you 6 can't -- without permission of your neighbor, you can't burn 7 within 300 feet of a residence; you're breaking the law if 8 you do that. If you light a fire with high winds, you're 9 breaking the law, over 20 miles an hour. If you're lighting 10 a fire and it's still burning after an hour after sunset, 11 you're breaking the law. So, there's lots of things that 12 break the law. The problem comes -- and I've talked to the 13 Sheriff about this recently -- is that it's very, very hard 14 to prove a lot of these things. I mean, you know, I guess 15 they could go out and measure the distance from a res -- a 16 structure to see if it's 300 feet or not. They really don't 17 have the capability to do an on-spot -- on-the-spot weather 18 forecast to see if the gust happens to be 23 miles an hour or 19 22 miles an hour. So -- so, you know, there have been some 20 times when we've -- you know, after dark, fires still 21 burning, but then there's another provision that if you're 22 doing some kinds of burns, you're allowed to do them after 23 dark. In fact, you're allowed to only do them after dark. 24 So, there's lots of things on burning. 25 COMMISSIONER OEHLER: One thing is, it's my 3-10-14 36 1 understanding we can't change the state law; we can only go 2 in excess of it. We can pass things that are more 3 restrictive, but we can't take off anything that is state 4 law. We can't change that. 5 COMMISSIONER LETZ: So, anyway, it's good reading, 6 not too long. That's it. 7 COMMISSIONER BALDWIN: Yes, ma'am? If you'd give 8 us your name and address, please? 9 MS. ADAMS: My name is Julie Adams. My address is 10 120 Richards Road. I live in Precinct 3 in Kerr County. 11 COMMISSIONER BALDWIN: Good. 12 MS. ADAMS: And I appreciate the opportunity to 13 voice my concerns here before the Court, and it involves burn 14 bans. You -- on March 1st -- the burn ban was lifted on the 15 28th of March by Commissioner Letz in Precinct 3, and on 16 March 1st, we had winds in -- gusts close to 20 miles an 17 hour, possibly in excess of 20 miles an hour. On that 18 particular day, my elderly neighbor chose to set multiple 19 fires -- grass fires along a ravine on his property that 20 abuts the rear of our property. The smoke was overwhelming. 21 Some of the flames shot really high up into the air. A 22 couple of neighbors had to leave the area due to smoke 23 inhalation. One of them was my husband. The other one was 24 Lewis Hardin, who lives across the street. 25 And finally, I called the Sheriff's Office. I knew 3-10-14 37 1 that there was a burn ban lifted, but I was so concerned 2 about the potential hazard here. And Officer Greg Lucas came 3 out and observed the situation from the rear of our property, 4 and seemed to understand the gravity of the situation, 5 because the wind was blowing the flames and smoke directly 6 toward our property line. And the fire -- one of the fires 7 was within -- I'm not a very good judge of distance -- was 8 probably within 50 yards of our property line. He did go 9 over and speak to the owner of the property, who was by 10 himself managing a number of fires, or trying to manage a 11 number of fires. And as Officer Lucas reported to me, there 12 was no hose. There was no fire extinguishing equipment. 13 There was nothing back there. It was just this elderly man. 14 And he was very amenable to putting the fires out as best he 15 could, and, you know, he had no desire to cause any property 16 damage to any of his neighbors. However, his judgment was 17 quite faulty, in my opinion. 18 That night, about 11:30 -- between 11:30 and 12:00, 19 I was waked up by smoke. I looked out the window, and it was 20 pitch black out. I counted, at least what I could see, six 21 separate piles of burning embers, and each time the wind 22 gusted -- the wind was gusting heavily at that point as 23 well -- these embers would spark and flare, and so I spent 24 most of that night watching to make sure that none of these 25 flared up into flames. And -- and to give the homeowner 3-10-14 38 1 credit, he finally, about 12:30 or 1 o'clock, had a neighbor 2 apparently come in and, with a flashlight, start to monitor 3 these fires. My concern here is, okay, there's a big 4 discrepancy in burn bans. Precinct 1 has had 80 days since 5 July 29th of 2013 where a burn ban was in effect. Precinct 2 6 has had 179 days where a burn ban has been in effect. 7 Precinct 3 has only had 47 days where a burn ban has been in 8 effect, and Precinct 4 has had 83 days. 9 Now, I understand there's a different philosophy 10 about the productivity of burning, that we need to burn, and 11 I don't understand these discrepancies. There may be a big 12 -- you know, a good reason for that. But what I would like 13 to ask is that some enforcement teeth be put into the law as 14 far as safe burning goes, because I've read carefully in the 15 burn regulations, and it just talks about safety. It doesn't 16 talk about what you have to have. Now, if the officer had 17 gone out and found, like he did, that there was no fire 18 extinguishing equipment, even though that burn ban was 19 lifted, maybe perhaps he could have ticketed him and forced 20 him, in case he might not have been amenable to putting these 21 fires out, to put them out. 22 So, you know, I think that these are isolated 23 situations. This is the only situation that I've ever called 24 on, but it is a frightening one, considering that we are in 25 severe drought which has -- we have no sign that it's going 3-10-14 39 1 to lift any time soon. And when they can burn -- when people 2 can burn in wind gusts up to 20 miles an hour, that's a very 3 iffy situation. I understand humidity levels are impacted as 4 well. But I think that I would ask this Court to consider 5 the County instituting regulations about what people have to 6 have in order -- handy in order to extinguish a fire like 7 this. I mean, these fires were -- there were many of them. 8 There was no way for him to put them out, and he had nothing, 9 no -- no fire extinguishing powder, no equipment, no nothing. 10 So, anyway, I appreciate it. 11 COMMISSIONER BALDWIN: That's an excellent point. 12 Excellent point. 13 COMMISSIONER MOSER: Let me comment, if I may. I 14 think you make a lot of good points. I think, too -- and I 15 was moving in the opposite direction of what you were 16 suggesting, and that is to allow people to burn in containers 17 in a safe manner. Perhaps that needs to be defined in more 18 detail. However, on the general subject of burn bans, a 19 couple points. I think, historically -- and these other 20 gentlemen have more knowledge; they've been around here 21 longer than I have, but I don't know of any major issues that 22 we've had with people burning with the regulations that we 23 have. I think to over-specify -- any time you start 24 specifying, you can over-specify very easily, and then this 25 creates a lot of problems in enforcement. So, I think if you 3-10-14 40 1 look at the empirical data that says we really haven't had 2 any issue, people are smart enough to do it. Yeah, 3 somebody's going to not act in a smart way sometimes. So, I 4 would tend not to put more regulations, if it were me. And 5 the way I do it in Precinct 2 is I -- I never put a burn ban 6 on or take a burn ban off without talking to the volunteer 7 fire chiefs. Since they're the guys that have to fight it, I 8 let them make the decision, and I look at my own property, 9 too. So, I think we do what's reasonable, so -- but I 10 appreciate your comments. 11 COMMISSIONER LETZ: I think -- I've talked to 12 Ms. Adams. I -- you know, it's very unfortunate we have 13 people that, burn ban or no burn ban, light fires when they 14 shouldn't and don't have regard for their neighbors, but, you 15 know, occasionally it does happen. We haven't had too many 16 instances. But I will take this opportunity while we're on 17 the burn ban to encourage my colleagues up here, that 18 tomorrow evening at about 5 o'clock, put the burn ban on. 19 Because Wednesday, we're forecast to have 40 mile-an-hour 20 winds, which is a very -- one of the very dangerous -- I'm 21 sure the fire department, Mark Beavers will send out a red 22 flag warning; I'm sure it's going to be issued if that 23 forecast does happen. But winds are supposed to be very, 24 very bad, bad fire day. But today and this weekend, it's 25 been a good time, so it's -- we just have to -- it's 3-10-14 41 1 important that we watch it, and put the burn bans on, 2 especially when the conditions get extreme, like they're 3 about to, like I said, on Wednesday. 4 COMMISSIONER OEHLER: So watch the wind very 5 closely, and humidity and everything. 6 COMMISSIONER BALDWIN: Rusty, do you want to take a 7 swing at this? 8 SHERIFF HIERHOLZER: No. You know, the biggest 9 issue, just like Jonathan said, put it on tomorrow evening, 10 because Wednesday's going to be a bad day, you know. And 11 that's what we see a lot of. People don't think about -- you 12 know, they'll start when the burn ban's lifted, when it's a 13 good day to burn, but it's such a big burn that you're going 14 to have those embers, some of them even a week later, and 15 we'll see fires start up a week down the road from when they 16 actually did the burn, and that's what people don't 17 understand. And it's -- being here 30-something years, I've 18 seen a lot of bad fires that were unnecessary. 19 COMMISSIONER MOSER: And on the burning in a 20 container, I'll come back to the Court. So, I'll pass on 21 making any motion on this, come back to the Court with -- 22 with a recommendation on trying to be as broad as possible, 23 but enable burning in a container. 24 COMMISSIONER BALDWIN: Okay, ma'am, thank you very 25 much for your comments. 3-10-14 42 1 COMMISSIONER LETZ: Thank you. 2 COMMISSIONER BALDWIN: Appreciate it. Appreciate 3 your participation. Any further comments on this particular 4 item? Item 1.13; consider, discuss, take appropriate action 5 concerning scope of work revisions and related costs for 6 Center Point wastewater project. Commissioner Moser and 7 Commissioner Letz. Who wants to -- 8 COMMISSIONER MOSER: Well, let me -- 9 COMMISSIONER BALDWIN: -- take the lead here? 10 COMMISSIONER MOSER: Let me say something here. 11 We -- we -- on this big project, Center Point and Comfort and 12 the wastewater system, there's -- we've identified a need of 13 somewhere in the neighborhood of $60,000 plus for change 14 order, and this has to do with the -- the surge of the flow 15 that can be handled by the wastewater treatment plant in 16 Comfort. And so the recommendation was to -- by the project 17 engineer, of course, was to come forward and request 18 additional funds to cover that. And what I did is I asked 19 the project engineer to identify other options, rather than 20 just ask for more money, to de-scope the project. The 21 project engineer has done that. He's here; Keller Drozdick 22 is here. He's identified some things that we could do in an 23 engineering sense to reduce the costs so that we didn't have 24 to have additional funds. Commissioner Letz and I have both 25 looked at that. We've looked at it with Keller Drozdick. 3-10-14 43 1 The recommendation here would be to see if we can 2 find additional funds, because the de-scoping of this project 3 would eliminate a lot of connections that are very critical 4 to the -- to the sanitation in that area if we don't include 5 them in the -- in the project. I mean, there's some large 6 sections to be able to do it. So, I commend the project 7 engineer for taking a look, giving us some options as we put 8 on the table here. And at our monthly meeting which we have 9 every month on the status of this, we looked at it and 10 decided that that's probably not the best thing to do. But I 11 want the Court to know, we didn't just say, "Let's go get 12 additional money." We looked at de-scoping the project, 13 consistent with the overall objective, and that does not look 14 like a good option. So, before we make a motion -- 15 COMMISSIONER LETZ: I'll make just a comment as to 16 a little bit more on the reason for it. It's a revision. 17 What we're talking about in lay terms are basically holding 18 tanks or holding facilities in Comfort. The -- it all comes 19 down to peak flow. The Comfort sewer plant has enough 20 capacity to handle the -- the amount of additional sewage 21 that would come in -- or wastewater that would come in from 22 the project. However, T.C.E.Q. -- I think T.C.E.Q., or 23 whoever has to do -- calculate all this, they look at the 24 maximum amount that could hit the plant at any one moment. 25 And that maximum amount, even though I disagree with their 3-10-14 44 1 methodology, and I think our engineer, Mr. Drozdick, 2 disagrees with the methodology, in -- they say that at the, 3 you know, peak morning hours, something like that, that the 4 amount of total sewage in the area could exceed the capacity 5 at the plant. My argument was, "Well, yes, the peak flow is 6 likely to be the same time-wise in the mornings usually in 7 the -- in the Comfort area as in Center Point, but because 8 there's 7 miles that that water has to go, it's going to get 9 to Comfort later, so that would mitigate the peak flow." 10 Well, needless to say, T.C.E.Q. did not see it the way I 11 thought you should see it, and they said, "No, you have to 12 calculate peak flow," and peak flow is peak flow, and that 13 says we need a holding facility. 14 COMMISSIONER OEHLER: Doesn't matter where it's 15 flowing, how far it has to flow from. 16 COMMISSIONER MOSER: Just to add to that, though, 17 once you calculate the peak flow, then you have to multiply 18 by -- six? Is that the right answer, Drozdick? Six? Is 19 that the factor? Or four? 20 MR. DROZDICK: Four. 21 COMMISSIONER MOSER: Four. You have to multiply 22 whatever it is by four, and the facility has to be able to 23 accommodate that. Well, we think that's unrealistic, but on 24 the other hand, that is -- as Kenny Rogers said, that's the 25 hand that's dealt us, so we have to play it. So, I'm going 3-10-14 45 1 to make a motion that -- that -- Keller, do you want to add 2 to this, exactly what the amount is that we need, and ask 3 Jeannie to see what we can do? 4 MR. DROZDICK: Sure. I don't have the exact amount 5 on-hand. I believe it was right about $65,000. 6 COMMISSIONER MOSER: Correct. 7 MR. DROZDICK: Little bit more than that. As for 8 the full picture, we are -- the total cost of this change is 9 about 120,000, but about half of that we're using the 10 available S.R.F. funds for, so that part is already covered. 11 The shortfall came where we used up all the remaining 12 available state funding assistance, so that's the 65,000 that 13 we were asking, that we're trying to figure out a way to 14 match, whether it was going to be court funds, reduction in 15 scope. That's what we wrestled with for a couple months. As 16 you mentioned, yeah, they have a very conservative peaking 17 factor that the State requires. Part of that is because 18 there's no flow history. If you have an operating system 19 you're expanding, you use your history. We have no history. 20 That's where that peaking factor comes from. Plus the fact 21 that Comfort is seeing peaks right now far in excess of what 22 you'd expect them to have, and the issue's a lot of rainwater 23 getting into their system. They're seeing higher peaks. 24 What we thought was going to be available capacity early on 25 just wasn't there for peaks, so that's why we're in the 3-10-14 46 1 situation we're in. 2 COMMISSIONER OEHLER: Where would you anticipate 3 the funding coming from to pay for that? 4 COMMISSIONER MOSER: Jeannie? 5 MS. HARGIS: I think we should have enough surplus 6 funds at the end of the year to accommodate that in our 7 current budget. I really do. 8 COMMISSIONER MOSER: I think what this does, too, 9 is -- is if we approve this and authorize this, it lets the 10 engineering proceed, okay? And if there's some way -- and I 11 think we certainly have -- Jonathan and I both have the 12 intent to see if we can't mitigate this -- this challenge and 13 reduce that additional engineering scope, and if we can do 14 that, we will carve it and take it out of the project. But 15 right now, this -- this enables it to keep going. And 16 detailed engineering is underway right now, so instead of 17 holding the project up, this will be a good thing to do. 18 COMMISSIONER BALDWIN: Let me ask a question, make 19 sure I'm reading -- 20 COMMISSIONER MOSER: Sure. 21 COMMISSIONER BALDWIN: -- it correctly here. You 22 have -- you have two options for us to choose from. One is 23 to reduce the scope of work. 24 COMMISSIONER MOSER: Mm-hmm. 25 COMMISSIONER BALDWIN: And so what that means to me 3-10-14 47 1 is that you're removing some of the residences out of the 2 program. 3 COMMISSIONER MOSER: That's correct. 4 COMMISSIONER BALDWIN: And we're defeating some 5 things there if we start doing that kind of thing. That's 6 not a real good option for me. The other option is to go 7 directly to the county budget and get county funds. That's 8 not a real good option -- option for me as well. So, my 9 question is, I think there's been, like, certificate of 10 obligations have been used in this project up to this date, 11 and what is -- what is going to be your stand on -- on using 12 C.O.'s later on in this project? And I'm serious, 'cause I 13 want to know if you -- if you're going to be supportive of 14 them, or if you're going to be negative toward them. It's 15 going to affect how -- how I vote on this thing. 16 COMMISSIONER MOSER: Okay. I don't think there's 17 any C.O. money that's involved in this. I still have the -- 18 the belief and the principle that C.O.'s should not just be 19 used arbitrarily. That's my principle, that any time that we 20 can borrow money with the public's input, I support that, as 21 opposed to without the public being involved. That's a 22 generic question, so that's a generic answer. 23 COMMISSIONER BALDWIN: Sure. And -- and this 24 same -- whether it's two years down the road, complete a 25 project, or -- 3-10-14 48 1 COMMISSIONER MOSER: There you go. 2 COMMISSIONER BALDWIN: Just going to hang in there, 3 the same thing? 4 COMMISSIONER MOSER: Yeah. 5 COMMISSIONER BALDWIN: I think we ought to table 6 this, and let's look at it for a couple weeks. 7 COMMISSIONER OEHLER: I agree. 8 COMMISSIONER BALDWIN: Let's figure something out. 9 COMMISSIONER OEHLER: I agree. 10 COMMISSIONER BALDWIN: Did you make a motion? 11 COMMISSIONER MOSER: Well, I'm going to make a 12 motion. I'm going to make a motion that we -- that we use 13 available funds to authorize to add to this contract to 14 enable the detailed engineering to proceed with Kerrville -- 15 Center Point wastewater treatment system, and that -- to the 16 tune of $65,000. 17 COMMISSIONER LETZ: Second. 18 COMMISSIONER BALDWIN: There's a motion and a 19 second. And any further discussion? 20 COMMISSIONER LETZ: I'll make a comment, 'cause I 21 think it was unclear on one point. C.O.'s have funded this 22 project to this point. 23 COMMISSIONER BALDWIN: Correct, yeah. Don't know 24 that they will continue in the future. 25 COMMISSIONER LETZ: Well, I think, yeah, there may 3-10-14 49 1 be additional funding required by -- well, there will be 2 additional funding required by the County to complete the 3 project. 4 COMMISSIONER OEHLER: So, if that's the case, then 5 we ought to put that to a vote. We're going to issue C.O.'s 6 for a project that's been ongoing for 10 years. 7 COMMISSIONER BALDWIN: Something to talk about 8 later. 9 COMMISSIONER OEHLER: Either that, or just forget 10 about it. 11 COMMISSIONER BALDWIN: I have a motion and second. 12 Any further discussion? All in favor, raise your right hand. 13 (Commissioners Moser and Letz voted in favor of the motion.) 14 COMMISSIONER BALDWIN: All opposed, raise your 15 right hand. 16 (Commissioners Baldwin and Oehler voted against the 17 motion.) 18 COMMISSIONER BALDWIN: Motion failed. It was a tie 19 vote. Thank you. 20 COMMISSIONER OEHLER: Put it back on in a couple 21 weeks. 22 COMMISSIONER BALDWIN: Yeah, let's figure something 23 out. We can't stop the process. See what you can do in the 24 two weeks you got. 25 COMMISSIONER MOSER: That's a concern. 3-10-14 50 1 COMMISSIONER BALDWIN: Let's see. I see TexDOT, 2 that's about all. Okay, let's do Item 1.15; consider, 3 discuss, take appropriate action to remove Ingram Hills Road 4 District from the appraisal rolls beginning with the 2014 tax 5 year. The original amount of $64,065 that was passed by 6 Commissioners Court on July 14th, 1989, Court Order 18827, to 7 create this road district has been paid in full. Ms. Bolin? 8 MS. BOLIN: I just need the Court's approval to 9 remove this off of the tax roll. It was one of the 15-cent 10 road districts that we had. I think there were, like, six of 11 them. This was the last one to be paid off. It was paid off 12 with the 2013 taxes. 13 COMMISSIONER OEHLER: Move approval of the agenda 14 item. Thank the good Lord it's over. 15 MS. BOLIN: Amen. 16 COMMISSIONER LETZ: Second. 17 COMMISSIONER BALDWIN: We have a motion and second. 18 Any further discussion? All in favor, raise your right hand. 19 (The motion carried by unanimous vote.) 20 COMMISSIONER BALDWIN: Motion carries. Thank you. 21 MS. BOLIN: Thank you, gentlemen. 22 COMMISSIONER BALDWIN: Okay, we're going to go to 23 Item 1.10; that's a timed item. It's 10 o'clock, and it is 24 that time now. Consider, discuss, and take appropriate 25 action to present a resolution from AACOG Board of Directors 3-10-14 51 1 to Judge Tinley's family. Joe Ramos. 2 MR. RAMOS: Good morning. 3 COMMISSIONER BALDWIN: This is my friend Joe Ramos. 4 And, Joe, there are several members of Judge Tinley's family 5 in the room. 6 MR. RAMOS: Hi. Joe Ramos. 7 MR. SCOTT TINLEY: Scott Tinley. 8 MR. PATRICK TINLEY: Patrick Tinley. 9 MR. RAMOS: Patrick, good morning. 10 MR. PATRICK TINLEY: And Rhonda and Billy Taylor. 11 Rhonda and Billy Taylor in the back. 12 MR. TAYLOR: How are you doing? 13 MR. RAMOS: Just fine. How are you? 14 COMMISSIONER BALDWIN: Thank you. Take your 15 liberty, sir. 16 MR. RAMOS: Thank you very much. Well, good 17 morning. 18 COMMISSIONER OEHLER: Morning. 19 MR. RAMOS: Again, my name is Joe Ramos. I'm the 20 interim Executive Director for the Alamo Area Council of 21 Governments, and we're here this morning to honor Judge 22 Tinley, who was a personal friend of mine as well. In our 23 February board meeting at AACOG, the board passed this 24 resolution in honor of Judge Tinley. So, if I could ask the 25 family to step up, and I'll read it, if that's okay with you. 3-10-14 52 1 COMMISSIONER BALDWIN: You certainly can. 2 MR. RAMOS: Thank you. Memorial resolution 3 recognizing former Kerr County Judge Pat Tinley for his many 4 years of service to the AACOG Board of Directors, AACOG, and 5 the region. 6 "Whereas, Judge Tinley, as the representative from 7 Kerr County, served with distinction and honor on the Board 8 of Directors of the Alamo Area Council of Governments and 9 various committees from 2011 to 2014, where he advocated for 10 regionalism. In addition, he served as chair of the Texas 11 C.D.B.G. Regional Review Committee that was responsible for 12 establishing the local scoring criteria for C.D.B.G. 13 applications submitted from throughout the Alamo region; and 14 "Whereas, Judge Tinley served as chairman of the 15 Alamo Area Judges Committee, overseeing the operation of all 16 rural workforce centers and regional operations and policy 17 boards for the Alamo Regional Transit Authority of the Alamo 18 Area Council of Governments, served on the board of the 19 Greystone Preparatory Academy at Schreiner University, and 20 many other organizations in leadership roles; and 21 "Whereas, Judge Tinley was a strong advocate for 22 the local and regional economic development efforts, 23 particularly instrumental in developing local economic 24 development incentives to attract companies to Kerr County, 25 where he always encouraged business development and 3-10-14 53 1 competitive wages for today's workers; and 2 Whereas, Judge Tinley was a proud veteran, serving 3 25 years in the U.S. Armed Forces and Texas National Guard as 4 both an enlisted and commissioned officer. After retirement 5 from the military, he continued to be a strong military 6 advocate; and 7 "Whereas, Judge Tinley was elected Kerr County 8 Judge in 2002 and re-elected in 2006, becoming the first Kerr 9 County Judge re-elected in a quarter century. He was 10 re-elected in 2010, running unopposed; and 11 "Whereas, Judge Tinley was a devoted family man, 12 living a life of exemplary behavior and community service, in 13 order to set an example for all people throughout the region; 14 and 15 "Whereas, Judge Tinley will be known forevermore as 16 a loving, dedicated husband, father, brother, son, friend, 17 and citizen-servant. The Alamo Area Council of Governments, 18 through its Board of Directors, wish to extend to Judge 19 Tinley's family the deepest condolences on the loss of Judge 20 Tinley on January 7th, 2014. 21 "Now, therefore, be it resolved that the 22 contributions made by Judge Tinley will be memorialized 23 through the adoption of this resolution so that it may stand 24 as a testament to his proven leadership and generous service 25 to all mankind. Adopted and witnessed by these signed below 3-10-14 54 1 on February 26th, 2014." Thank you. 2 COMMISSIONER BALDWIN: Thank you, Joe. Thank you 3 very much. 4 (Applause.) 5 MR. PATRICK TINLEY: I wish to thank him for my 6 family. We really appreciate it. Judge Tinley will always 7 be missed here, and we miss him greatly. Thank you. 8 COMMISSIONER BALDWIN: Thank you. 9 COMMISSIONER OEHLER: Thank you. 10 COMMISSIONER BALDWIN: Good job, Joe. Thank you 11 very much. Anybody else have any comment? Former mayor 12 sitting back there. 13 MR. BOCK: Well, we -- we appreciate it very much. 14 And a lot of work that Alamo has done in this area, and with 15 the Judge, and I thank all of you very much as a family. We 16 -- we miss him dearly, and we know you do too, and we're very 17 appreciative of you guys. 18 MR. RAMOS: Thank you. 19 COMMISSIONER BALDWIN: With him not here, they have 20 to put up with me. (Laughter.) And so we do miss him. 21 SHERIFF HIERHOLZER: Bring him back. 22 COMMISSIONER BALDWIN: That was great. Thank you 23 very much, Joe. 24 MR. RAMOS: Thank you. 25 COMMISSIONER BALDWIN: We'll go to Item 1.11, and 3-10-14 55 1 Joe is involved in that. Consider, discuss -- you folks are 2 welcome to leave if you'd like. If not -- there's popcorn 3 out in the hall. 4 MR. PATRICK TINLEY: Thank you, guys. 5 COMMISSIONER BALDWIN: Item 1.11; consider, 6 discuss, take appropriate action regarding Texas Department 7 of Transportation San Antonio District Roadshow, 2015 through 8 2018 project list for Kerr County Rural Transportation 9 Improvement Program; that's the TIP. Mr. Ramos? 10 MR. RAMOS: Good morning again, Commissioners. 11 Pleasure being here this morning. At AACOG, we also host the 12 Alamo Rural Planning Organization, and they met last summer, 13 and at that meeting decided that we would coordinate meetings 14 with all commissioners courts in our 12-county region, and 15 bring TexDOT out to give you an update on where they are with 16 the Kerr County 2015 through 2018 TIP. Here this morning, we 17 have staff members from the San Antonio District office, and 18 I'll let Clayton introduce himself and the rest of his staff. 19 And this is your opportunity to ask TexDOT questions on where 20 they are with that current plan and what it looks like for 21 the next four years, so take advantage of that opportunity. 22 COMMISSIONER BALDWIN: Thank you, Joe. 23 MR. RIPPS: My name is Clayton Ripps; I'm from the 24 advanced planning office here in San Antonio. What our 25 office does is we look -- we fund the projects, basically 3-10-14 56 1 kind of put them -- put them in there looking out four years 2 ahead. With me today I have Mark Mosley, formerly from the 3 planning office. He's the money guy; all the funds go 4 through his fingers. And then Darcie Schipull, also from the 5 San Antonio District. She's kind of our liaison, works with 6 the MPO and works with Joe. And also from the Kerrville area 7 office, Mr. Mike Boyd. He's filling in for Mike Coward; he 8 had another commitment at a meeting in San Antonio this 9 morning and wasn't able to make it. 10 So, I'll kind of walk through the handouts you have 11 that we provided. Kind of just the purpose of today's 12 meeting, just to highlight some of the projects, either let 13 or under construction or recently completed, revisit 14 priorities at the end. So, we'll take questions, any input, 15 anything that we're missing here, 'cause it's kind of two-way 16 communication. That's kind of the point of today's visit. 17 And then look forward to -- that will kind of establish our 18 plan for the next TIP. And then discuss any local issues, 19 and that's where Mr. Boyd will -- is here to kind of help in 20 that regard. So, the 2014 projects that have been let, which 21 means they've put out for bid; may not have started work, but 22 they're out there or they've been completed. State Highway 23 16, which was from 173 to south of River Hills, that was to 24 widen and provide left turn lanes. State Highway 16 from 25 Spur 98 to 173, which is overlay. State Highway 16 from 3-10-14 57 1 Riverhill Boulevard south of 173 is sealcoat and pavement 2 markings. And State Highway 39 from the county line to west 3 of Cade Loop is another sealcoat and pavement markings. 4 Go on to the next sheet. You have funding 5 categories from 2015 to '18. You have Categories 1 through 6 12. Those are all the different funding categories that -- 7 that, you know, we're providing, and out of those, if you 8 want to just highlight or touch on -- I'll just mention a 9 couple of them that would apply in this area. Not all of 10 them are applicable, you know, to every place in the state. 11 So here, Category 1, preventive maintenance and rehab. 12 That's what -- you know, a lot of the work that's done out 13 here falls in Category 1. Category 6, those are the bridge 14 replacements, rehabilitation projects, and those are selected 15 from the actual, you know, bridge replacement needs list. 16 Category 8 is safety, and those rank based on crash rates and 17 how they rank that system of scoring. 18 COMMISSIONER MOSER: May I ask you a question? 19 What's the significance of the categories? Category 1's more 20 important than anything else, or what? 21 MR. RIPPS: No, there isn't any significance; 22 that's just the way it's established, and the way -- and the 23 way it's tied to it when -- you know, when you talk 24 accounting. A lot of the times, we don't have an explanation 25 of what it is, so when it goes into funding, they say 3-10-14 58 1 Category 1, you know. Just -- over time, you know, that's 2 just in the discretion. I guess at one point in time, there 3 was how many categories, Mark? 4 MR. MOSLEY: About 34. 5 COMMISSIONER MOSER: What's the purpose of 6 categories? 7 MR. RIPPS: It's -- it basically ties that money to 8 that specific type of work, like Category 1 would be 9 preventative -- 10 COMMISSIONER MOSER: So, just a type of work? 11 MR. RIPPS: It's a type of work group. 12 COMMISSIONER MOSER: Okay. 13 MR. RIPPS: You can't use that for the structures 14 and bridge replacements; you can't go and use that to add 15 capacity. 16 COMMISSIONER MOSER: So, if I change "categories" 17 to "type of work," that would be okay? 18 MR. RIPPS: Type of work. Yes, that's a good idea. 19 COMMISSIONER MOSER: Thank you. 20 MR. RIPPS: Sure. And then the last one is 21 District Discretionary, which is for those projects coming up 22 that are, you know, high priorities or something to where we 23 have some discretion. If you go to the next sheet, it shows 24 our San Antonio district funding. Now, this is not specific 25 to just the Kerrville area, but this is our entire district 3-10-14 59 1 of the funds that are allocated by each physical year. So, 2 if you look at '15, '16, '17, and '18, you know, you kind of 3 see for each category the funds that are available. And if 4 you look down at the bottom for the total, you can see for 5 2015, it's 218 million. Then 2016 drops off to 136, picks 6 back up in 2017, and 2018 we're down to 60 at this time. So, 7 you kind of see where there's kind of a gap or a hole at this 8 time. And so, you know, with the -- hopefully with the 9 passage of that Senate Bill in November, you know, there will 10 be some additional funds coming in, to the tune of -- it will 11 be $1.2 billion statewide. That will be a perpetual, so it 12 will be very important that we get some of that bill passed, 13 you know, in November. The next sheet -- 14 COMMISSIONER MOSER: So, these are funds in your 15 totals -- so what's the status of these funds? That's just 16 what? 17 MR. RIPPS: That's what's in our four-year -- 18 that's what's in our four-year plan at this point in time. 19 COMMISSIONER MOSER: So, it's in your plan, but it 20 hasn't been appropriated yet? 21 MR. RIPPS: It hasn't been appropriated. Well, 22 there's projects that are tied to it, and I'll turn to the 23 next slide. We'll cover the projects in this area that are 24 -- we're trying to get in -- you know, in each associated 25 category within the four-year plan. 3-10-14 60 1 COMMISSIONER MOSER: So, can I call these a wish 2 list? 3 MR. RIPPS: No, these are funded. So, if you go to 4 the next slide, it's 2015-2018 Planned Projects, these are 5 projects in the Kerrville area -- office area here within 6 Kerr County that are funded within the next four years. 7 COMMISSIONER MOSER: So, "funded" means 8 appropriated? 9 MR. RIPPS: Appropriated, yes. 10 COMMISSIONER MOSER: Okay. So, these are funds 11 that are proprietary? 12 MR. RIPPS: These are funds that are appropriated. 13 COMMISSIONER MOSER: Okay, good. 14 COMMISSIONER OEHLER: How many off-system bridges 15 are you doing under the discretionary part of this? 16 MR. RIPPS: Oh, it depends. I'm sure I know which 17 one you're talking about. 18 COMMISSIONER OEHLER: No -- well, no, not -- you 19 probably don't. But -- 20 MR. RIPPS: Which one is it? 21 COMMISSIONER OEHLER: River Road up in Hunt. 22 MR. RIPPS: Yeah. 23 COMMISSIONER OEHLER: That thing is very bad. 24 MR. RIPPS: Yeah. 25 COMMISSIONER OEHLER: I think it's really not safe 3-10-14 61 1 for animals to cross. (Laughter.) 2 COMMISSIONER MOSER: Okay. 3 MR. RIPPS: Okay. So, basically, this list, you 4 know, you kind of see the first three on I-10 from the Kimble 5 County line. 6 MS. SCHIPULL: Start here. 7 MR. RIPPS: Take this one off? There we go. So, 8 basically, on State Highway 16, you see you have a lot of 9 widen roadway, provide operational improvements. That's from 10 Gillespie County line carrying all the way through to F.M. 11 1273 of needed projects. That's a good project, much needed 12 project. And also, we worked with the Austin District and 13 Gillespie County, because they -- they're providing the same 14 type of improvements, actually, as some of ours, and theirs 15 remain sure, which didn't ever happen, and they complement 16 each other. We did coordinate outside of the adjacent county 17 where you're going to have a nice, continual stretch all the 18 way up through Gillespie County as well. 19 COMMISSIONER BALDWIN: That's the only one I see 20 that's really needed. You can just scratch the rest of 21 these. 22 MR. RIPPS: We can see what that just freed up in 23 here. You get some of that -- 24 COMMISSIONER OEHLER: We can help you. We can help 25 you, you know, modify the projects. 3-10-14 62 1 MR. RIPPS: Usually we leave these things looking 2 to spend more money, but now you're giving us money back. 3 COMMISSIONER BALDWIN: You just take care of my 4 precinct, that's all. 5 MR. RIPPS: Okay, that's what it is. All right. 6 COMMISSIONER OEHLER: You misunderstood; there's no 7 giving back. We just want to pick some different projects. 8 MR. RIPPS: This next one, State Highway 27 from 9 Spur 100 down to F.M. 1350, widen roadway to provide some 10 passing lanes. Now, we had -- this office went in and did 11 some restriping and sealcoat and put in some left turn lanes, 12 took away some of the shoulder. Some of these were being 13 restored, but it will be good to provide some passing lanes 14 through that on this stretch. 15 COMMISSIONER MOSER: Is -- let me ask Mike a 16 question. Mike, that's kind of a mixed bag of whether it's 17 passing lanes or widening or whatever? The way -- 18 MR. BOYD: Correct. We got widening; we got some 19 turn lanes -- 20 COMMISSIONER MOSER: Right. 21 MR. BOYD: -- through there. We have some -- some 22 passing areas, and we -- some are providing shoulders. 23 COMMISSIONER MOSER: Okay. 24 MR. BOYD: It's a mixed bag. 25 COMMISSIONER MOSER: It's a mixed bag, whatever's 3-10-14 63 1 appropriate? 2 MR. BOYD: Depends on the whole corridor. 3 COMMISSIONER MOSER: Okay, thank you. 4 MR. RIPPS: What you do for that, for the passing 5 lanes, is we looked at starting from beginning to end. Once 6 you get to Comfort and you look at where the ideal location 7 is to put the passing lanes, -- 8 COMMISSIONER MOSER: Right. 9 MR. RIPPS: -- then you identify the constraints 10 there, if there's a bridge. 11 COMMISSIONER MOSER: Right. 12 MR. RIPPS: You know, if there's something there so 13 you just don't have enough room to widen it; it would require 14 a retaining wall, you kind of negate those areas, and then 15 you see what you're left with. 16 COMMISSIONER MOSER: Okay, good. Thank you. 17 MR. RIPPS: Sure. 18 COMMISSIONER LETZ: Clayton, I believe -- is it -- 19 maybe it's beyond 2018, but the road from over -- 1350 all 20 the way to the county line, isn't that next segment also 21 looked at for an upgrade? 22 MR. RIPPS: The eastern -- everything east of where 23 it stops on this project? You know, we'll have to look at 24 it. I'll add that as something to kind of check on, but I 25 believe that kind of comes down to funds, 'cause I think -- 3-10-14 64 1 isn't that where the -- isn't the river crossing on that one? 2 COMMISSIONER LETZ: Well, no. 'Cause you got 3 the -- you get down where -- I believe it's where the 4 Wheatcraft pit is. 5 COMMISSIONER MOSER: Right. 6 COMMISSIONER LETZ: And you also get down closer 7 into Comfort, and then you've done some work down there at 8 Wilson Creek; you did work with Lane Valley. Little League 9 fields, you did some work. But there's some stretches in 10 there that are still, I guess, pretty high traffic volume 11 with a pretty narrow road, and a lot of it's just a dangerous 12 situation. 13 MR. RIPPS: Are you talking about, like, widening 14 for shoulders? 15 COMMISSIONER LETZ: It's the same kind of work. 16 MR. RIPPS: And how much -- and how far down? 17 COMMISSIONER LETZ: You go all the way to the 18 county line. 19 MR. RIPPS: Down to the county line? 20 COMMISSIONER LETZ: Yeah. 21 COMMISSIONER MOSER: Yeah. 22 COMMISSIONER LETZ: Areas that have not been done 23 yet. 24 COMMISSIONER MOSER: Correct. 25 MR. RIPPS: Okay. 3-10-14 65 1 COMMISSIONER LETZ: A lot of that road has specific 2 speed limits. It's kind of -- also, I'd recommend the speed 3 limits, y'all get it uniform. It's 70, then 65. I mean, 4 it's really confusing as to -- you know, to me, it ought to 5 all go to 65; don't have any 70 on that whole stretch. I 6 know y'all have your way of looking at that stuff, but I 7 think it's dangerous having them two speed limits on this 8 stretch. 9 MR. RIPPS: No, that's something that the area 10 office can request a speed study just to see if there's 11 something unusual -- unusual, or why it was assigned that 12 way. We can do that. Okay. Next one, State Highway 39 at 13 Hunt Crossing, replace narrow bridge and approaches. That 14 one's -- I know it's under design. I think they're almost 15 finished. 16 COMMISSIONER OEHLER: That one's pretty well done, 17 I think. 18 MR. RIPPS: That one's been looked at and looked at 19 and looked at over again, and started again. 20 COMMISSIONER OEHLER: Oh, yeah. But I think what 21 we've come up with in that last design, even the one before 22 that, I believe, was -- 23 MR. RIPPS: Something that everybody can live with. 24 COMMISSIONER OEHLER: Everybody can buy into. And 25 it's also going to put more openings underneath so that you 3-10-14 66 1 don't have a dam there when you have a big flood, and it kind 2 of forces water down that secondary channel. I believe 3 that's going to keep the water in the channel by opening that 4 bridge up. 5 MR. RIPPS: Little bit wider than it was 6 originally, I think. 7 COMMISSIONER OEHLER: Little bit higher, but it 8 also doesn't have just -- whatever it is, two or three 9 openings; it's going to have maybe four underneath, which 10 will make it a whole lot better. 11 MR. RIPPS: Okay. 12 COMMISSIONER OEHLER: It will have walkways and a 13 bicycle path and all that too, just for pedestrian traffic. 14 MR. RIPPS: Yeah. 15 COMMISSIONER MOSER: Let me ask you another generic 16 question. 17 MR. RIPPS: Sure. 18 COMMISSIONER MOSER: When you say a project is 19 going to be in FY 2015, is that when the bids are let, and -- 20 and that's -- or is that when you do the engineering on it? 21 MR. RIPPS: That's when -- we already do the 22 engineering now. If we haven't done it now, we'll be doing 23 it, you know, at some point. So, for 2015 jobs, most of 24 those, we're either working on them or getting ready. 25 COMMISSIONER MOSER: You're doing engineering now, 3-10-14 67 1 so that means it will be designed? 2 MR. RIPPS: You'll have the plans done about three 3 months before what we call the "let" date, which is when it 4 goes out for bids. 5 COMMISSIONER MOSER: Sure, okay. 6 MR. RIPPS: And so once that let date is -- say it 7 has a let date of January of 2015. 8 COMMISSIONER MOSER: Mm-hmm. 9 MR. RIPPS: You won't expect them to be out there 10 turning dirt for at least 60 days. 11 COMMISSIONER MOSER: Right. 12 MR. RIPPS: Would be the soonest. But a lot of the 13 times, if the utilities are in the way, we'll put in a -- a 14 clause, basically, there that they can have another 30-day, 15 or 60-, 90-, or 120-day window for the contractor to start 16 work. 17 COMMISSIONER MOSER: Okay, thank you. 18 MR. RIPPS: Okay. Next one, State Highway 39 east 19 of 1340 to 1340, just basically placing advance warning 20 signs. It's a safety project, making some awareness of the 21 intersection. 22 MS. HARGIS: One of these days, that bridge is 23 going to be taken out of there and straightened out like it 24 used to be. They won't have to have a motorcycle race. 25 MR. BOYD: Clayton, I think that's what we call 3-10-14 68 1 Kooky's Curve area, half-mile section through there. 2 COMMISSIONER OEHLER: Camp Mystic. 3 MR. BOYD: Okay? 4 COMMISSIONER OEHLER: The crossing right before you 5 get to Camp Mystic, that bridge where you have a 90-degree 6 turn, and then a big bolder sitting out in the middle of the 7 river channel. I hope that's where it is, 'cause that bridge 8 there needs to be, I think, in our plans for later on to 9 replace that bridge. 10 MR. RIPPS: For that one? Okay. 11 COMMISSIONER OEHLER: Mike and I talked about that. 12 MR. RIPPS: What crossing? What do y'all -- 13 COMMISSIONER OEHLER: Mystic Crossing. 14 MR. RIPPS: Mystic. 15 MR. BOYD: It's west of Hunt, about 5 and a half 16 miles. 17 MR. RIPPS: Okay. 18 SHERIFF HIERHOLZER: If that far. 19 COMMISSIONER MOSER: And while you're getting the 20 detail, Mike and I talked about another one on -- on your 21 project from Highway 27 to Spur 100 to 1350. Since Mooney is 22 ramping up, Peterson Farm Road intersects Highway 27 at an 23 acute angle if you're going west to make a right-hand turn, 24 and there's a high school there now, Our Lady of the Hills, 25 so that road's getting a lot more traffic. That's a really 3-10-14 69 1 dangerous thing. I think Mike and I spoke about that, so 2 when you do that detailed engineering, look at that 3 intersection. 4 MR. RIPPS: Normalize the intersection? 5 MR. BOYD: Right turn lane? Is that the one you're 6 talking about there? 7 COMMISSIONER MOSER: Yeah. Yeah, you have to turn 8 way back to the opposite direction that you're going to make 9 the turn. So, okay. 10 MR. RIPPS: Okay. Next one, State Highway 39 -- or 11 Ehlers Road at Guadalupe River, replace bridge and 12 approaches. 13 COMMISSIONER LETZ: That one, there's -- I believe 14 there's two, that one and one other bridge that we're 15 replacing, three that's on the list. The other one's on 16 Bartel Road. Bartel Road's a higher priority to me. 17 MR. RIPPS: Than this one? 18 (Commissioner Letz nodded.) 19 MR. RIPPS: And what's the crossing there? 20 COMMISSIONER LETZ: It's Bartel. 21 MR. RIPPS: Bartel? 22 COMMISSIONER LETZ: It's Bartel at Cypress Creek. 23 I'm pretty sure it's Bartel right there. 24 MS. SCHIPULL: Both of those roads are actually 25 funded, the timing on them. And I think the Ehlers was -- 3-10-14 70 1 y'all have already passed a -- passed a resolution on the 2 Ehlers. 3 COMMISSIONER LETZ: Well, we can -- I'd rather 4 switch them. 5 MR. RIPPS: Okay. 6 COMMISSIONER LETZ: That priority needs to be 7 switched. 8 MS. SCHIPULL: We'll look into that. 9 MR. RIPPS: Darcie is also our liaison for the 10 off-system bridges, so she visits with the counties getting 11 those set up as well. 12 COMMISSIONER LETZ: Probably -- Bartel's probably a 13 cheaper one, too. 14 MS. SCHIPULL: Okay. 15 COMMISSIONER OEHLER: Put two stars by that one. 16 MR. RIPPS: Okay. Basically, those are the 17 projects out here that are planned in the next four years, so 18 I'll open it up for discussion. You guys have any other 19 comments? Questions? Concerns? 20 COMMISSIONER MOSER: I have a question that keeps 21 coming up from a lot of people on the resurfacing of the 22 road. Help me, Mike. Is that called basalt, with the 23 multifaceted -- 24 MR. BOYD: Basalt or trap rock. 25 COMMISSIONER LETZ: Trap rock. It's -- you know, I 3-10-14 71 1 can think of several roads. As an example, out toward the 2 airport, just doesn't seem to adhere. And Highway 173, if 3 you drive around Riverhill Boulevard off that road, you're 4 just all over the road. It's just a -- and it's loud. When 5 you drive Loop 534, you hit a section that's nice and smooth, 6 and then you hit that stuff where you use the other 7 aggregate. It's -- it's really bad. I don't know what the 8 plans are, whether or not you guys are going to accommodate 9 that -- yeah, Mike? 10 MR. BOYD: Actually, basalt, that's the harder, 11 smaller rock. 12 COMMISSIONER MOSER: Yeah. 13 MR. BOYD: You mentioned noise; that's your Grade 3 14 larger rock, -- 15 COMMISSIONER MOSER: Yeah. 16 MR. BOYD: -- is the Sack B. So, I think what you 17 want -- what you are asking for is more use of trap rock, 18 Sack A. 19 COMMISSIONER MOSER: That's smaller? 20 MR. BOYD: Smaller Grade 4, as opposed to Grade 3 21 rock. 22 COMMISSIONER MOSER: 'Cause right after it's laid 23 down, I mean, it's nonexistent; it comes off the road. 24 MR. BOYD: It's always softer rock. 25 COMMISSIONER OEHLER: Yes. 3-10-14 72 1 COMMISSIONER MOSER: It's in multiple places. 2 COMMISSIONER OEHLER: They had a bad contractor in 3 there that caused a lot of that. 4 COMMISSIONER MOSER: Well, that could very well be. 5 MR. RIPPS: One thing with the sealcoat is that's 6 kind of an ongoing, you know, issue. Everybody brings up the 7 noise, and it's just one of those things. You know, you try 8 to do the best thing you can to protect the pavement that you 9 have, 'cause it's -- there's not enough money to go out and 10 mill and inlay or overlay, you know, with a true asphalt 11 pavement everywhere. You kind of rank and keep the higher 12 priority projects. 13 COMMISSIONER MOSER: On your way back to San 14 Antonio, go Highway 27, and when you get to just this -- 15 about to the airport, look at -- look at the -- 16 MR. RIPPS: Over by Fox Tank? Or -- 17 COMMISSIONER MOSER: Yeah. 18 COMMISSIONER LETZ: This is before. 19 MR. RIPPS: Before you get to it? 20 COMMISSIONER MOSER: Yeah. 21 COMMISSIONER LETZ: By Fox Tank, but there's a -- 22 right before you get to whatever that creek is -- 23 COMMISSIONER MOSER: Right. 24 COMMISSIONER LETZ: -- there, the road just, you 25 know -- 3-10-14 73 1 COMMISSIONER MOSER: Silver Creek. 2 COMMISSIONER LETZ: Silver Creek. If you're in a 3 pickup, you bounce across it. 4 COMMISSIONER MOSER: Right. 5 COMMISSIONER LETZ: Right on the corner where you 6 do it. 7 COMMISSIONER MOSER: It's really bad. And also, 8 just drive Highway 173 around the Riverhill area. That's 9 really bad. Okay, thank you. 10 MR. RIPPS: All right, thank you. Appreciate it. 11 COMMISSIONER LETZ: Thank you. 12 COMMISSIONER BALDWIN: Thank you, sir. 13 COMMISSIONER MOSER: Good job. 14 COMMISSIONER BALDWIN: Any action required here? I 15 don't see any either. Joe -- is it Number 11? I think it 16 was. 17 COMMISSIONER MOSER: Okay. 18 COMMISSIONER BALDWIN: Yeah, Number 11. 19 MR. RAMOS: Thank you. 20 COMMISSIONER MOSER: Is that it? 21 MR. RAMOS: Yes, sir, that's it for us today. 22 COMMISSIONER BALDWIN: See you in a week or so. 23 MR. RAMOS: Will do. Thank you. 24 COMMISSIONER BALDWIN: Thank you very much. 25 MR. RAMOS: Thank you, sir. 3-10-14 74 1 COMMISSIONER LETZ: Break? 2 COMMISSIONER BALDWIN: Yeah, sure. Let's take a 3 short break, 10 minutes. 4 (Recess taken from 10:25 a.m. to 10:43 a.m.) 5 - - - - - - - - - - 6 COMMISSIONER BALDWIN: Commissioners Court's back 7 in session. It is now 10:43. We're going to go to Item 8 1.14; consider, discuss, and take appropriate action on 9 beginning demolition of existing exhibit hall at the Hill 10 Country Youth Event Center. Commissioner Oehler and 11 Mr. Bollier. 12 COMMISSIONER OEHLER: Well, I put this on because 13 we need to start talking about a schedule for taking this 14 thing down, being as we're going to move forward with the 15 project. And -- and there's some things that need to be done 16 in order to get ready to -- to take the building down, and 17 one of them is removing the air conditioning units off the 18 top. Some of those are going to be reused in other parts of 19 the new facility, and to authorize him to get an electrician 20 to take and disconnect everything that needs to be 21 disconnected in order do this. And I've already talked with 22 Road and Bridge about getting an excavator to do the 23 demolition with, and they have gotten a price on that. 24 There will need to be fencing -- security fencing we'll have 25 to get like we did on the first round, to put up to secure 3-10-14 75 1 the area. Mainly, it's just to get authorization from the 2 Court to begin doing that. I think we did that last time, 3 and I think that's a good -- good way to do it. I'm not 4 willing to take it right now and do it on my own. But -- 5 COMMISSIONER LETZ: I agree, we need to do it. And 6 also, the other thing that you didn't mention is, look at the 7 connection between the exhibit hall and the arena. 8 MR. BOLLIER: Done that. 9 COMMISSIONER LETZ: But we just need to, you know, 10 check all that. We need to check out exactly how, get a 11 little bit of a game plan, get Leonard over there to look at 12 that also, just so that when -- that we can -- 13 MR. BOLLIER: He asked me to go up and look at 14 that, see if it was connected. I did so, and I can't see how 15 that it's connected there anyway, except it's just that one 16 wall, and just the sub-wall. You know, you got one side and 17 one side, and the only thing that covers that seam is the tin 18 that's up on top. But before we do anything, though, I'd 19 still like to get that tin off there, make sure -- 20 COMMISSIONER LETZ: You can take it down. 21 MR. BOLLIER: Yes, sir. We can see down, make sure 22 we don't have any of that -- 23 COMMISSIONER OEHLER: Get the tin off and cut that 24 thing loose and pull it down. But the exhibit hall's got to 25 come down first, then the bathrooms, concession area, and 3-10-14 76 1 then the offices. Those are two independent structures, 2 because you -- the one that -- the restrooms and the 3 concession stand and the upstairs areas is all -- is all a 4 column that goes up with an I-beam welded across, and then it 5 has a lot of wood in it, too. But that's totally -- I 6 believe if we take down the exhibit hall first, then it makes 7 it real easy to take the other part down, because they are 8 independent. No load-bearing walls on either one. 9 COMMISSIONER LETZ: Did Road and Bridge -- have 10 they looked at it close enough to get an estimate as to how 11 long? 12 COMMISSIONER OEHLER: I don't think -- it won't 13 take two weeks to get it all done, I think, you know. Or 14 less. 15 MR. BOLLIER: I'd like to get started on cleaning 16 out materials, all my supplies and my tools, and then the 4-H 17 people get need to come out and get their stuff out, and then 18 the Livestock Show Association needs to come get their stuff 19 out upstairs so we can -- can be prepared for it, so we're 20 not rushing around. 21 COMMISSIONER OEHLER: We got to move the sound 22 system, which is already started. I think they're in the 23 process of doing that. The new sound system's got to be 24 moved to a different location, 'cause it's housed in there. 25 MR. BOLLIER: Where I'm going to put it, I've 3-10-14 77 1 already had electricity run in there. 2 COMMISSIONER LETZ: Okay. 3 MR. BOLLIER: So -- 4 COMMISSIONER OEHLER: So, I just want -- what I'm 5 looking for is authorization from the Court to proceed with 6 demolition. 7 COMMISSIONER LETZ: Preparing for. 8 COMMISSIONER OEHLER: Preparing for demolition. 9 And -- 10 COMMISSIONER MOSER: Only thing that I would add 11 is, Schreiner University is going to do that assessment of 12 what's really needed out there on the size, so if we can 13 delay demolition of that until that's completed in mid-May, 14 and we find out that the size that we have, before we tear 15 down that structure, is adequate and can be refurbished, I'd 16 strongly encourage that. So, it's not new to the Court, but 17 I'll just repeat it for the last time. 18 COMMISSIONER LETZ: Okay. Well, my views are no, I 19 think we need to proceed, you know, with getting ready for 20 demolition. And my view is, you know, to come in on the -- 21 if they can have it, a cost estimate on the renovation by 22 next Monday, when we're going to have a Commissioners Court 23 meeting already, then we could approve that subject to having 24 cash in-hand. As soon as we have the -- which I believe is 25 coming up on the 21st, I believe, is when we actually receive 3-10-14 78 1 the funds. As soon as we have the funds, you know -- the 2 Auditor's raising her hand. 3 MS. HARGIS: We can use some of that 500,000 that 4 we have on the other issue. 5 COMMISSIONER LETZ: Well, I'm just thinking of, you 6 know -- well, we just start -- we still need an estimate by 7 the 21st. We can proceed at that point on the -- or on the 8 17th, we could start moving, but we need an estimate from 9 your department and Road and Bridge Department as to what the 10 anticipated costs of the demolition is. 11 COMMISSIONER OEHLER: For removing the air 12 conditioners. 13 COMMISSIONER LETZ: Or moving them. 14 COMMISSIONER OEHLER: And also disconnecting the 15 electrical and all that. 16 MR. BOLLIER: Okay. 17 COMMISSIONER LETZ: Yeah. 18 MR. BOLLIER: Do you want me to go ahead and get 19 the sound system moved? 20 COMMISSIONER LETZ: I'd get a cost estimate for 21 that, cost estimate for everything that you're going to need 22 from your department. And then we'll get a cost estimate 23 from Road and Bridge doing the actual tear-down. 24 MR. BOLLIER: Okay. 25 COMMISSIONER LETZ: And then on the 17th, I don't 3-10-14 79 1 know why we can't go ahead and approve it. 2 COMMISSIONER OEHLER: That's kind of what this is 3 about. We got to -- we need to get a time frame moving here, 4 because once we get it torn -- we need to get it torn down so 5 we can do the site work so that we can go out for bids, 6 because once we go out for bids, you only got 30 days the 7 bids are good for. So, we want to have all that done in a 8 timely fashion so there's no delays on getting the thing 9 done, and we don't get in a situation like we were the last 10 two days last time when we did this project. 11 COMMISSIONER LETZ: Right. 12 COMMISSIONER OEHLER: And that Road and Bridge has 13 already got the price on the excavator; it's 5,250 a month, 14 and 550 each way transport, stuff like that. It will be 15 minor, and then there will be some site work that will be 16 done once they figure out how much the -- we have to do. 17 Let's see, there's a soil test to be done. We did them on 18 the other, but you got to do it on this one. Slab on this 19 one, they'll have to, you know, put in piers, and that's part 20 of the process to get the site work ready to start. 21 COMMISSIONER BALDWIN: Mr. Oehler, do you want a 22 court order giving you permission to move forward? 23 COMMISSIONER OEHLER: Yes, I want this Court to 24 order it. Whether you give me permission, that has 25 nothing -- 3-10-14 80 1 COMMISSIONER BALDWIN: I understand. Just move 2 forward with it. 3 COMMISSIONER LETZ: I'll make a motion to authorize 4 Maintenance Department and Road and Bridge Department to 5 develop estimates for beginning -- for the demolition of the 6 event hall and the area in between. 7 COMMISSIONER OEHLER: And then the next part of it 8 will be -- I'll second your motion. But the next part of it 9 will be to dispose of the recyclable materials, and also the 10 other materials, of what's going to happen to them. 11 COMMISSIONER BALDWIN: You made a bunch of money 12 off that last time. 13 COMMISSIONER OEHLER: Made the County $9,000. 14 COMMISSIONER BALDWIN: $9,000. 15 COMMISSIONER OEHLER: As opposed to spending 100. 16 COMMISSIONER MOSER: So, the motion is to just get 17 the cost estimates? 18 COMMISSIONER LETZ: Right. 19 COMMISSIONER MOSER: Okay. 20 COMMISSIONER LETZ: Come through, and then have it 21 by next Monday. And -- and we ought to figure out -- get a 22 good estimate on disposing of the stuff, too. Road and 23 Bridge -- 24 COMMISSIONER OEHLER: They're going to recycle; 25 they're going to be able to use a lot of it for fill material 3-10-14 81 1 if we ever get another flood. I've already talked to them 2 about it. 3 MR. BOLLIER: By next Monday? This coming Monday? 4 COMMISSIONER LETZ: The 17th. 5 MR. BOLLIER: Got it. 6 COMMISSIONER BALDWIN: Okay. Are you happy with 7 the motion? Everybody happy with the motion? We have a 8 motion and a second. Any further discussion? 9 COMMISSIONER MOSER: So, for clarification, that's 10 to get the cost estimate. Okay, good enough. 11 COMMISSIONER BALDWIN: All in favor, raise your 12 right hand. 13 (The motion carried by unanimous vote.) 14 COMMISSIONER BALDWIN: Motion carries. Item 16; 15 consider, discuss, take appropriate action to allow 16 Maintenance Department personnel to take county vehicles home 17 when they are on call. Mr. Bollier? 18 MR. BOLLIER: I put this on the agenda. It's not 19 that we have that many calls; we only average about two or 20 three a month. But I was thinking about the liability 21 reasons, and I just wanted to bring it to the Court and see 22 what the Court thought about it. 23 COMMISSIONER LETZ: I think it makes sense. I 24 mean, Road and Bridge takes their vehicles home, the 25 supervisors do. This is no different with our Maintenance 3-10-14 82 1 Department when they're on call. If they need to come in, 2 they shouldn't use their personal vehicles. And this is that 3 whole liability issue, that if they have a wreck during that 4 time in their personal vehicle when they're doing county 5 business. 6 COMMISSIONER OEHLER: But only when they're on 7 call. 8 COMMISSIONER LETZ: Only when they're on call. 9 MR. BOLLIER: Only when they're on call. 10 COMMISSIONER MOSER: So, what -- and I don't have 11 any objection, but just a curiosity question. So, 12 historically, this has not been the policy, correct? So, is 13 there a change? 14 COMMISSIONER OEHLER: No, they come here and get a 15 vehicle and then go out. 16 COMMISSIONER LETZ: I think the change is that 17 we -- at our last court, we had a -- one of our J.P.'s had an 18 accident while on call, and there was an issue, and we talked 19 about that our -- our -- none of us, no elected official or 20 county employee, are covered by our county insurance. 21 COMMISSIONER MOSER: Got you. So, that's the 22 change. That was the thing that says, hey, we've got -- 23 COMMISSIONER LETZ: Right. 24 COMMISSIONER MOSER: -- a potential issue? 25 COMMISSIONER LETZ: Potential issue here, and 3-10-14 83 1 that's triggered it. 2 COMMISSIONER MOSER: Okay. All right. 3 COMMISSIONER LETZ: So, I'll make a motion that we 4 authorize the on-call personnel in the Maintenance Department 5 to take a county vehicle home. 6 COMMISSIONER OEHLER: Second. 7 COMMISSIONER BALDWIN: We have a motion and second. 8 Any further discussion? 9 COMMISSIONER MOSER: To be used for official 10 purposes. 11 COMMISSIONER LETZ: Correct. 12 COMMISSIONER MOSER: Yeah. 13 COMMISSIONER OEHLER: Yeah. 14 COMMISSIONER MOSER: Right. 15 COMMISSIONER BALDWIN: All in favor, raise your 16 right hand. 17 (The motion carried by unanimous vote.) 18 COMMISSIONER BALDWIN: Motion carries. Thank you. 19 1.17; consider, discuss, take appropriate action to hire a 20 custodian for the Maintenance Department to fill budgeted 21 vacant position. Mr. Bollier? 22 MR. BOLLIER: On the 28th of this month, I will 23 have a position vacant. I had a man resign in the custodian 24 department. That's the reason this is on there. So, I'm 25 just asking the Court permission to fill that position once 3-10-14 84 1 he's gone. 2 COMMISSIONER LETZ: So moved. 3 COMMISSIONER OEHLER: Second. 4 COMMISSIONER BALDWIN: I have a motion. Is there a 5 second? 6 COMMISSIONER OEHLER: Second. 7 COMMISSIONER BALDWIN: Any further discussion? 8 COMMISSIONER OEHLER: But not before the person's 9 gone. 10 MR. BOLLIER: Right, not before. 11 COMMISSIONER BALDWIN: Anything further? All in 12 favor, raise your right hand. 13 (The motion carried by unanimous vote.) 14 COMMISSIONER BALDWIN: Motion carries. Thank you. 15 COMMISSIONER MOSER: Could I go back to 1.16 and 16 just make sure that that's in the court order, that it's -- 17 the vehicle is to be used only for -- 18 MR. BOLLIER: On-call. 19 COMMISSIONER MOSER: -- for official purposes? 20 MR. BOLLIER: Yes, sir. 21 COMMISSIONER BALDWIN: Yeah, I think he said -- I 22 heard those words. 23 COMMISSIONER MOSER: Okay, good enough. I just 24 wanted to make sure they got it in the court order. Thank 25 you. 3-10-14 85 1 COMMISSIONER BALDWIN: Item 18; consider, discuss, 2 take appropriate action to accept donation from the Texas 3 Department of Transportation of asphalt millings, TexDOT to 4 deliver material to location as determined by the 5 Commissioners Court. Mr. Bollier? 6 MR. BOLLIER: I had a phone call from Troy Witt 7 asking if we wanted the millings, approximately -- there's 8 450 cubic yards; I believe that's what he told me. He said 9 they would haul it. At first I thought he said that he would 10 spread it, but that's not the case. All they're going to do 11 is haul it and stockpile it. So, I started to take it back 12 off, because I just really don't know that we're going to 13 have time to spread -- 14 COMMISSIONER OEHLER: Well, I'm not sure that -- 15 maybe Road and Bridge could use it and just store it over 16 there. 17 COMMISSIONER BALDWIN: Sure. 18 COMMISSIONER MOSER: Yeah. 19 COMMISSIONER OEHLER: And it's -- the issues before 20 have been that they wanted us to come get it, but if they're 21 going to haul it, I think we ought to take it. 22 COMMISSIONER BALDWIN: I do too. 23 COMMISSIONER MOSER: Yeah. 24 COMMISSIONER LETZ: I think we authorize -- well, 25 we need to ask Leonard if he wants it. We don't want to pile 3-10-14 86 1 up more stuff. 2 COMMISSIONER OEHLER: But we can also -- we can 3 also use it down there in the park on some of that road that 4 doesn't have any -- 5 COMMISSIONER LETZ: Yeah, I think we -- to me, it 6 makes sense to use it. 7 COMMISSIONER MOSER: Sure. 8 COMMISSIONER LETZ: It's pretty good material, to 9 use it. 10 COMMISSIONER BALDWIN: Heck, yeah. We need to do 11 this. 12 COMMISSIONER OEHLER: You can blade it out, roll it 13 down. It makes a pretty much all-weather road. It cuts the 14 dust. 15 COMMISSIONER BALDWIN: So, we need a motion to 16 accept the donation. 17 COMMISSIONER LETZ: So moved. 18 COMMISSIONER OEHLER: Second. 19 COMMISSIONER BALDWIN: I have a motion and second. 20 Any further discussion? All in favor, raise your right hand. 21 (The motion carried by unanimous vote.) 22 COMMISSIONER BALDWIN: Motion carries. 23 COMMISSIONER LETZ: He has a question. 24 MR. BOLLIER: I just -- a question. I just heard 25 that maybe Leonard would have a place to stockpile it? Or do 3-10-14 87 1 we want to stockpile it somewhere else? 2 COMMISSIONER LETZ: It will be next to the -- his 3 property across Third Creek. We just get a -- 4 COMMISSIONER OEHLER: By Little League park. 5 MR. BOLLIER: Okay. 6 COMMISSIONER LETZ: That makes sense. 7 COMMISSIONER BALDWIN: Item 1.19; consider, 8 discuss, take appropriate action to authorize Phase 2 with 9 Trott Communication for the Sheriff's Office emergency 10 communications system. W.R. Hierholzer. 11 SHERIFF HIERHOLZER: Phase 2 of Trott's proposal -- 12 we've completed pretty well Phase 1. Phase 2 is the 13 functional design Request for Proposal and proposal 14 evaluations once they come in, the RFP's. I would request 15 that the County let me go ahead and authorize them to do 16 Phase 2. Cost of it is $33,000, depending on the proceeds 17 from all that. 18 COMMISSIONER LETZ: Move approval. 19 COMMISSIONER OEHLER: Second. 20 COMMISSIONER BALDWIN: Motion and second to approve 21 Item 1.19. Any further discussion? All in favor, raise your 22 right hand. 23 (The motion carried by unanimous vote.) 24 COMMISSIONER BALDWIN: Motion carries. Thank you. 25 Item 1.20; consider, discuss, and take appropriate action to 3-10-14 88 1 terminate the Chapter 381 Economic Development Agreement 2 between Kerr County and Robert W. Boerner, ZYX Corporation, 3 Inc., d/b/a Culligan of Kerrville, d/b/a Culligan of the Hill 4 Country and d/b/a Culligan of the Texas Hill Country. 5 Ms. Hargis? 6 MS. HARGIS: Yes, sir. In going through the 7 information that I had to make sure that the three agreements 8 that we have, the three 381 agreements, I contacted Culligan, 9 and they are really not ready to go forward with this project 10 at this time. And they don't have anything on the agenda, so 11 I don't think that, you know, he could come back. But I 12 don't see any sense in having it open for two or three years 13 when it's not being used. 14 COMMISSIONER OEHLER: Makes sense. 15 MR. HENNEKE: Well, do we have anything in writing 16 from Culligan saying that they want to, you know -- 17 MS. HARGIS: No, I don't. 18 MR. HENNEKE: We have a signed agreement with them. 19 So, instead of us -- you being the ones to break the deal 20 with them, if they don't want to do it any more, they should 21 tell us, and then we can -- we can end it, don't you think? 22 COMMISSIONER BALDWIN: I agree. 23 COMMISSIONER LETZ: I agree with that. 24 Otherwise -- 25 MS. HARGIS: Okay. 3-10-14 89 1 COMMISSIONER BALDWIN: So, you're going to notify 2 them, tell them to get us something in writing? 3 MS. HARGIS: Yes. 4 COMMISSIONER BALDWIN: Thank you very much. 5 COMMISSIONER LETZ: Thank you. 6 COMMISSIONER BALDWIN: Number 1.21; consider, 7 discuss, take appropriate action to approve an updated 8 signatory resolution for TxCDBG Contract Number 712025 to add 9 Commissioner, Precinct 1, and Commissioner, Precinct 2, as 10 designated signers for grant contract forms and allow 11 Commissioner Baldwin to sign same. Mr. Moser? 12 COMMISSIONER MOSER: Yes, this is just an update of 13 the resolution adding Commissioner, Precinct 1, and 14 Commissioner, Precinct 2, to the resolution which previously 15 just had the County Judge. And so I'll submit the resolution 16 for the record, and so I move that that be approved. 17 COMMISSIONER BALDWIN: I second that motion. We 18 have a motion and second. Any further discussion? 19 COMMISSIONER LETZ: Just a -- I mean, to make it 20 clear, same thing goes for the next one as well. We'll make 21 it clear that this is just to get the signature authority in 22 to Austin; it doesn't give any authority to sign any 23 paperwork that doesn't come before -- the before the Court. 24 COMMISSIONER MOSER: Right. 25 COMMISSIONER LETZ: But they need to know who's 3-10-14 90 1 going to sign in Austin. 2 COMMISSIONER MOSER: Right. 3 COMMISSIONER LETZ: I agree with that. 4 COMMISSIONER BALDWIN: Well, wait a minute. What's 5 your issue there? 6 COMMISSIONER LETZ: My issue is y'all going off and 7 doing the grant without us -- us knowing about it. 8 COMMISSIONER MOSER: This is just to have a -- 9 COMMISSIONER LETZ: Which I don't think you are. 10 (Laughter.) 11 COMMISSIONER BALDWIN: That's pretty damn 12 offensive. 13 COMMISSIONER LETZ: Well, I said it goes for -- it 14 goes for the next one, too. I said -- 15 COMMISSIONER BALDWIN: That's really offensive. 16 Don't do that crap any more. 17 COMMISSIONER MOSER: He's got thick skin. 18 COMMISSIONER BALDWIN: That's not funny. All 19 right. Did we vote? 20 COMMISSIONER LETZ: No, not yet. 21 COMMISSIONER BALDWIN: Okay. We have a motion and 22 second for -- to -- 23 COMMISSIONER MOSER: Amend the resolution. 24 COMMISSIONER BALDWIN: -- amend the resolution. 25 All in favor, raise your right hand. 3-10-14 91 1 (The motion carried by unanimous vote.) 2 COMMISSIONER BALDWIN: None opposed. Motion 3 carries. 1.22; consider, discuss, take appropriate action to 4 request extension to the East Kerr Regional Water Planning 5 Project for Texas Water Development Board, T.W.D.B., and 6 authorize Commissioner Letz to sign same and other related 7 documents related to this grant as may be needed. 8 Commissioner Letz. 9 COMMISSIONER MOSER: Give that to Cheryl. 10 COMMISSIONER OEHLER: This is your time to respond 11 to what he just said. 12 COMMISSIONER BALDWIN: Absolutely. I'm sorry, we 13 can't trust you any more with this kind of stuff. You may go 14 off and do something right. 15 COMMISSIONER MOSER: I think it should be 16 restricted, same as the other one. 17 COMMISSIONER LETZ: This is a -- 18 MR. POLLARD: What's good for the goose is good for 19 the gander. 20 COMMISSIONER LETZ: I said all this. This is the 21 30-day extension to that grant application. Is the letter 22 attached, Jody? 23 MS. GRINSTEAD: I don't think so. 24 COMMISSIONER LETZ: Anyway, it's a letter. All it 25 does is request a 30-day extension to put a new time table, 3-10-14 92 1 adds 30 days to all parts of it, and authorizes me to sign 2 that letter and to get my name, then, on this grant in 3 Austin. But it will not give me any authority to sign 4 anything without coming before this Court. (Laughter.) 5 COMMISSIONER OEHLER: I guess I'll make a motion 6 that -- 7 COMMISSIONER BALDWIN: Okay, we have a motion. Is 8 there a second? 9 COMMISSIONER LETZ: Second. 10 COMMISSIONER MOSER: I'll second. 11 COMMISSIONER BALDWIN: Oh, my lord. We have a 12 motion and second. Any further discussion? All in favor, 13 raise your right hand. 14 (The motion carried by unanimous vote.) 15 COMMISSIONER BALDWIN: Motion carries. Thank you, 16 Commissioner Letz. Okay. Did I miss anything going back 17 through there? 18 COMMISSIONER MOSER: No. 19 COMMISSIONER BALDWIN: No, I think that's it. 20 COMMISSIONER OEHLER: I think you did it. I just 21 need to mention one thing that I didn't mention earlier 22 before we get into Section 4. 23 COMMISSIONER BALDWIN: Okay. 24 COMMISSIONER OEHLER: Thanks for reminding me. My 25 brain was turning to jelly this morning, which is not 3-10-14 93 1 uncommon, but Irene Van Winkle was named Citizen of the Year 2 at West Kerr Chamber of Commerce this year, and I think she 3 was also a guest speaker. I don't know how you get that 4 worked out to get two things done in one evening, but she's 5 pretty talented. I think we ought to give her a round of 6 applause. 7 (Applause.) 8 MS. VAN WINKLE: Thank you. 9 COMMISSIONER BALDWIN: You could ask her to stand 10 up, but you can't tell if she's standing up or not. 11 MS. VAN WINKLE: Hey, that's for Rusty, okay, guys? 12 (Laughter.) 13 COMMISSIONER BALDWIN: Oh, yeah. 14 SHERIFF HIERHOLZER: Thanks, Irene. 15 COMMISSIONER BALDWIN: Yeah. Have to get her a 16 little stool. 17 COMMISSIONER OEHLER: Anyway, congratulations, 18 Irene. You deserve it. 19 MS. VAN WINKLE: Thank you. 20 COMMISSIONER BALDWIN: That's the other paper. 21 MS. VAN WINKLE: Yeah, and there's another paper, 22 too. 23 COMMISSIONER BALDWIN: Well, I know. I know. 24 COMMISSIONER MOSER: They'll probably have a nice 25 write-up in there. 3-10-14 94 1 MS. VAN WINKLE: They did. 2 COMMISSIONER BALDWIN: Front page photo. God, this 3 is great. I wish I had a paper. Okay, we're going to go to 4 the approval agenda, and Item 4.1 would be to pay the bills. 5 COMMISSIONER LETZ: I move we pay the bills. 6 COMMISSIONER MOSER: I'll second that. 7 COMMISSIONER BALDWIN: We have a motion and a 8 second to pay the bills. Any comments or questions? 9 COMMISSIONER LETZ: I do have a question. 10 COMMISSIONER BALDWIN: Very good. 11 COMMISSIONER LETZ: On Page 3, under Jail 12 Maintenance, there are two identical items for a new boiler. 13 I just wanted to make sure that we have -- we bought two new 14 boilers? 15 MS. HARGIS: Yes, we did, we bought two. 16 SHERIFF HIERHOLZER: Fixing to have to buy the 17 third one. 18 MS. HARGIS: And we have a third one; we may end up 19 buying that one as well. 20 COMMISSIONER LETZ: I just saw the duplication, 21 double the same amount; I thought I'd make sure we weren't 22 paying the same bill twice. 23 SHERIFF HIERHOLZER: Double whammy. 24 COMMISSIONER OEHLER: There's going to be three, 25 looks like. You don't want to have another one go out and 3-10-14 95 1 then have another mess. 2 COMMISSIONER BALDWIN: Anything else? 3 COMMISSIONER LETZ: That's it. 4 COMMISSIONER BALDWIN: All in favor of paying the 5 bills, raise your right hand. 6 (The motion carried by unanimous vote.) 7 COMMISSIONER BALDWIN: Motion carries. Budget 8 amendments, Ms. Auditor? 9 MS. HARGIS: Yes, sir, we do have four of them. 10 COMMISSIONER BALDWIN: I would like to have 11 something to vote on here. Do you have some? 12 MS. HARGIS: Yes, sir. 13 COMMISSIONER BALDWIN: Okay. 14 COMMISSIONER OEHLER: You didn't get yours? 15 COMMISSIONER BALDWIN: That doesn't matter; I never 16 know what they're doing anyway. So -- (Laughter.) 17 MS. HARGIS: You never know, it might be in there. 18 COMMISSIONER BALDWIN: Okay, tell me about it. 19 MS. HARGIS: We're moving -- the Treasurer's office 20 did not have a part-time line item, and so she has requested 21 that she have some money moved into a part-time line item, 22 because she did have a person. And the rest of them are 23 pretty self-explanatory, just moving some extra money around 24 for repairs that we've had. 25 COMMISSIONER OEHLER: Move approval. 3-10-14 96 1 COMMISSIONER BALDWIN: We have a motion and 2 second -- and a second? 3 COMMISSIONER MOSER: Second. 4 COMMISSIONER BALDWIN: And all in favor, raise your 5 right hand. 6 (The motion carried by unanimous vote.) 7 COMMISSIONER BALDWIN: Motion carries. 8 MS. HARGIS: We do have a late bill. 9 COMMISSIONER BALDWIN: And a late bill, please. 10 MS. HARGIS: This one is for Fox Tank. This is 11 their sales tax reimbursement. I did get all of the 12 paperwork required from Fox Tank, as well as the -- you have 13 the other -- the other ad valorem in the regular bills. This 14 one was brought in on Friday, with the substantiation from 15 the Controller's office, so this is the amount. 16 COMMISSIONER BALDWIN: So, the 10,000? 17 MS. HARGIS: $10,000 up to the maximum of $75,000 18 for two years. 19 COMMISSIONER BALDWIN: Yeah. And -- and tell us 20 what that $10,959 is. 21 MS. HARGIS: That is a refund of the sales tax that 22 they paid to Kerr County as part of the 381 economic 23 agreement. 24 COMMISSIONER BALDWIN: So, this -- this deal is 25 working with them. 3-10-14 97 1 MS. HARGIS: Yes, sir. 2 COMMISSIONER BALDWIN: Mm-hmm, okay. 3 COMMISSIONER MOSER: Big time. 4 COMMISSIONER BALDWIN: Do I hear a motion to pay 5 the late bills? 6 COMMISSIONER LETZ: So moved. 7 COMMISSIONER OEHLER: Second. 8 COMMISSIONER BALDWIN: And motion and second. All 9 in favor, raise your right hand. 10 (The motion carried by unanimous vote.) 11 COMMISSIONER BALDWIN: Thank you. Monthly reports. 12 We have monthly reports from the Kerr County payroll, Kerr 13 County Clerk, Constable 1, Animal Services, Constable 4, 14 District Clerk, Environmental Health, and J.P. 3. Do I hear 15 a motion to approve these as presented? 16 COMMISSIONER MOSER: So moved. 17 COMMISSIONER OEHLER: Second. 18 COMMISSIONER BALDWIN: I've got a motion and a 19 second. All in favor, raise your right hand. 20 (The motion carried by unanimous vote.) 21 COMMISSIONER BALDWIN: Thank you. Reports from -- 22 we got to sign this thing. 23 COMMISSIONER MOSER: Yeah. 24 COMMISSIONER BALDWIN: Reports from Commissioners, 25 liaison/committee assignments, et cetera. You want to start? 3-10-14 98 1 COMMISSIONER MOSER: I have nothing. 2 COMMISSIONER LETZ: Nothing. 3 COMMISSIONER OEHLER: I don't have anything either. 4 COMMISSIONER BALDWIN: Reports from elected 5 officials/department heads? We'll start here. 6 MS. PIEPER: None. 7 COMMISSIONER BALDWIN: Yes, sir? I know you have 8 something to say. 9 MR. STANTON: I always have something to say. 10 COMMISSIONER BALDWIN: Come forward, tell us who 11 you are and where you've been all this time. 12 MR. STANTON: Just so everybody knows, we had a 13 member of our detention family pass away last week. His 14 funeral was Saturday, Mr. Waliky. We're going to be having 15 to make some replacements and changes in different things to 16 move some people around, and I just wanted to let you guys 17 know what was going on, and that we are going to be moving 18 some people around to different positions. They're all 19 budgeted. I mean, there's no change in the budget or 20 anything like that; we're doing that all in-house, and I just 21 wanted to let you guys know what's going on. 22 COMMISSIONER LETZ: Thank you. 23 COMMISSIONER BALDWIN: Thank you very much, sir. 24 Tommy, do you have a comment? When are you going to get up 25 here? 3-10-14 99 1 MR. POLLARD: Whenever you let me. 2 COMMISSIONER BALDWIN: Well, I'm ready for you, 3 pal, and so are they. Nothing back there? Auditor? 4 MS. HARGIS: I just wanted to let you know we're 5 going to roll the budget out this week and open it up. We 6 have come up with a new schedule where Commissioners Court 7 will have approximately five workshops, and the Commissioners 8 Court will be making those cuts; I'm not making any cuts 9 whatsoever. They will come to you, as requested, and you 10 will meet with every elected official and department head, 11 and the cuts will be made in this court. So, it will require 12 at least five workshops, and we've set up a sixth. We're 13 going to start the middle of May so that we get through by 14 the end of July, so that we have that 30 days to -- to make 15 good decisions once we have the certified tax roll. So, 16 that's a new procedure. I understand that's what you used to 17 do. And -- 18 COMMISSIONER BALDWIN: I like it a lot. 19 MS. HARGIS: So we're going back to it. 20 COMMISSIONER MOSER: I want to echo that; I like it 21 a lot too. 22 COMMISSIONER BALDWIN: Yeah, absolutely. 23 COMMISSIONER MOSER: Good. 24 COMMISSIONER BALDWIN: And I think probably in our 25 first meeting -- or if I were going to wait till the first 3-10-14 100 1 meeting, I would say something like this; that hopefully 2 maybe you can get, you know, the possible salary increases 3 that we think may -- we may want to do to start with. Let us 4 start with some of those kinds of things. But we'll -- we'll 5 wait -- I'll wait and say that in our first -- 6 MS. HARGIS: We'll provide as much as we can. We 7 do plan to give you -- the Commissioners Court, at least I'm 8 hoping, three weeks' worth before so that you can have the 9 data. It'll be on your computers, but on the day of the 10 workshops, we will provide actual hard copies so that you can 11 talk to them and make, you know, recommendations at that 12 point. 13 COMMISSIONER BALDWIN: God, it doesn't get any 14 better than that. 15 MS. HARGIS: Hopefully we'll have all that. We 16 have, in the past, always done a sheet that gives the 17 possible raises. Usually we wait till the -- what Judge 18 Tinley and I did is wait until the end to see if there were 19 even any funds available. So, that's -- when we do all the 20 budgets, we went through all the budgets first to make sure 21 that there was even room. I've asked people to put capital 22 in, which is your request, to see whether we have the funds 23 for that. So, it'll be pretty much similar to what it was 24 when I came here in 2007. So -- and then we'll make the live 25 changes, since we can do that now, as we go through court. 3-10-14 101 1 COMMISSIONER MOSER: So, we'll get that in advance? 2 Is that what you said? 3 MS. HARGIS: Mm-hmm. 4 COMMISSIONER MOSER: Fantastic. 5 MS. HARGIS: If we tell the people that we need it 6 done by the second week in April, that'll give us a couple of 7 weeks in my office to go through and make sure that they 8 didn't make any mistakes and things of that nature. Then 9 we'll roll it out to y'all and freeze it up. And so we've 10 told every -- a memo's going to go out that we have to be 11 done this year. You can't be a trail -- you know, trailing 12 behind. We've also asked, and if we don't get notes -- 13 Rusty's really good at even using it for quantity of gas and 14 all that kind of stuff. So, if we don't get notes, we're 15 going to send them back. We got to have the notes. 16 COMMISSIONER BALDWIN: Good for you. 17 MS. HARGIS: So that when you guys are reviewing 18 it, that they don't just ask it at that time, so you -- you 19 have a chance to look at their notes and see what they have. 20 So, hopefully Tom will be on, and we'll decide what -- which 21 departments come on first. The bigger departments will have 22 more time than the small ones. 23 COMMISSIONER MOSER: Good deal. 24 MS. HARGIS: So it should be a fairly easy process. 25 Hopefully at the end, we'll have cut enough. If we haven't, 3-10-14 102 1 then I'll have to come back and say I need more. But based 2 on our revenue -- keep in mind, I will have really a sketchy 3 revenue until about the 1st of July, so -- 'cause we don't -- 4 we'll have a temporary tax rate, but it's always way higher 5 than the normal, so I'm a little leery of that. And -- but I 6 keep reviewing the revenue almost up until the very bitter 7 end, because it -- you know, it's really too soon in May to 8 give you strong revenue numbers. But we'll look at them, and 9 we'll go from there. 10 COMMISSIONER BALDWIN: Yeah. 11 COMMISSIONER LETZ: I'll add to that. I think, you 12 know, we need to put -- I think the Court needs to have a 13 meeting or discussions sometime prior to that as to potential 14 salary increases, or the kind of salary increases we have, 15 the -- kind of the mandated type of step increases for 16 longevity and education and that. But we need to go in, I 17 think, and put in one and a half, two, whatever amount we 18 agree on, because I think we need to have the salary 19 increases in there while we're going through the budget so we 20 can get the best -- we can get a good picture, rather than 21 wait until the end and have to make all these cuts without 22 input from a lot of the departments. I would rather have the 23 salary increases in there first, because that's by far the 24 biggest part of our budget. I'm glad we're going to take -- 25 you know, change that a little bit, do it a little bit 3-10-14 103 1 different. I think that will be helpful. I think it's also 2 very helpful to do it this way, because we are going to have 3 at least three, four new people in the department -- or 4 department heads, elected officials. 5 COMMISSIONER MOSER: And the capital's going to be 6 broken out from the operating budget, correct? 7 MS. HARGIS: If they request capital, they have a 8 capital line item in their budget. 9 COMMISSIONER MOSER: Okay, good deal. Thanks. 10 MS. HARGIS: And they will put that forward. Now, 11 that -- what we will do with the salaries is actually put 12 them in 409 as a tentative number for each -- each fund. 13 COMMISSIONER LETZ: That's fine, as long as the 14 number's in there. 15 MS. HARGIS: We can't put them in individual funds, 16 so you'll have to understand that, because if you -- if we 17 decide we don't want that, it's just too -- I can't get it 18 turned around fast enough for you to do it. 19 COMMISSIONER LETZ: Can we put it in by department? 20 MS. HARGIS: We can put it in by department, yes. 21 I can come up with a line item to put in by department; I 22 think we can do that. We just have to modify it. We ran two 23 schedules last year, one with it and one without it. And 24 then we give you -- I can give you a schedule that says a 25 half a percent up to 5, and then you guys make the decision. 3-10-14 104 1 COMMISSIONER LETZ: All right. 2 COMMISSIONER BALDWIN: Rusty? 3 SHERIFF HIERHOLZER: Well, how long are you going 4 to give department heads to get the budget in? 5 MS. HARGIS: Thirty days. 6 SHERIFF HIERHOLZER: Okay. And also, when we're 7 doing salary-type related stuff, is the department head going 8 to enter that into their budget this year? 9 MS. HARGIS: No. 10 SHERIFF HIERHOLZER: Or y'all are going to? 11 MS. HARGIS: No. Please, department heads, elected 12 officials, do not touch the salary line items. 13 SHERIFF HIERHOLZER: Okay. And then if we're 14 requesting additional personnel, where is that going to go? 15 MS. HARGIS: We need letters to the Court. 16 SHERIFF HIERHOLZER: Just to the Court, or do we 17 send it to you so you can figure the salaries with that? 18 MS. HARGIS: Yes. 19 SHERIFF HIERHOLZER: Okay. 20 COMMISSIONER BALDWIN: Don't be too nosy. Don't 21 worry about that. 22 SHERIFF HIERHOLZER: Yeah. 23 MS. HARGIS: If all the requests would come to me 24 first, then I can get them ready, and -- and they will all go 25 to the Court. All the members of the Court will receive 3-10-14 105 1 them. 2 COMMISSIONER BALDWIN: That's the dangerous part of 3 it, though, when you put the salaries up front, 'cause there 4 is going to be some people that see, "Oh, my god, we're 5 getting this nice raise," and then at the very end, it 6 doesn't happen for them, and it's just -- it's painful. 7 COMMISSIONER MOSER: Like taking it away. 8 COMMISSIONER BALDWIN: It is. And that's the -- 9 that's the bad part about it. Yes, sir? 10 MR. STANTON: On the salary issue with the jobs -- 11 the study that was done last year -- and we -- I appreciate 12 what you guys did for our department last year, and we were 13 going to continue that to try to continue to raise those 14 salaries up to the level they're supposed to be in relation 15 to that job study. Are those salaries -- do I need to plug 16 in those salaries, or get with Ms. Hargis on every one to 17 plug those in? 18 COMMISSIONER BALDWIN: You need to talk to her, I 19 think. 20 COMMISSIONER LETZ: I think deal with Ms. Hargis. 21 I think we need to have that as a separate item. I think, in 22 my mind, those are priorities, but that's just my personal 23 view. Get some of those done, or maybe a combination of that 24 and other salaries. So -- but I think it definitely needs to 25 be incorporated. But get with Ms. Hargis, figure out how we 3-10-14 106 1 keep it -- get it included, but keep it as a separate number. 2 MR. STANTON: Yes, sir, thank you. 3 COMMISSIONER BALDWIN: Is that all on that, 4 Ms. Hargis? District Clerk? 5 MS. BURLEW: I don't have anything, thank you. 6 Rusty? 7 SHERIFF HIERHOLZER: Jail population, last count -- 8 I don't want to count my chickens too soon, but it dropped a 9 little bit. We're at 142 this morning, with 23 females, so 10 it gave us a little bit of breathing room right now. 11 COMMISSIONER BALDWIN: 142? 12 SHERIFF HIERHOLZER: 142 total with 23. 13 COMMISSIONER BALDWIN: And the magic number's 165 14 or something? 15 SHERIFF HIERHOLZER: Normally you don't -- you're 16 kind of considered overcrowded once you get over 153 in our 17 facility size, but as everybody knows, our worst problem's 18 always been the females. But 23 females gives me nine empty 19 female beds. Total, we're still probably considered 20 overcrowded on females, but it does give us a little bit of 21 leeway. 22 COMMISSIONER BALDWIN: Okay. Counselor? 23 MR. HENNEKE: Praise God for the rain, and -- 24 COMMISSIONER MOSER: What rain? 25 MR. HENNEKE: That we got recently. My name is Rob 3-10-14 107 1 Henneke, and I'd like to ask for your vote for State 2 Representative -- (Laughter.) -- in the runoff. 3 COMMISSIONER MOSER: Why don't you guarantee rain? 4 Somebody suggested that to me. You just don't say when. 5 Say, "Yeah, I do guarantee it." 6 MR. HENNEKE: I thank each and every one of you. 7 COMMISSIONER BALDWIN: Thank you. 8 COMMISSIONER LETZ: Thank you, Rob. 9 COMMISSIONER BALDWIN: Anybody else? Anything else 10 to come before the Court? We're through. 11 (Commissioners Court adjourned at 11:17 a.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 13th day of March, 2014. 21 22 JANNETT PIEPER, Kerr County Clerk 23 BY: _________________________________ Kathy Banik, Deputy County Clerk 24 Certified Shorthand Reporter 25 3-10-14