1 5„-:r 2 3 4 5 6 7 8 9 10 11 12 13 ~ 14 15 16 17 18 19 20 21 22 23 24 x ~ 25 KERR COUNTY COMMISSIONERS COURT Special Session Monday, April 23, 2001 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas PRESENT: FREDERICK L. HENNEKE, Kerr County Judge H.A. "BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 LARRY GRIFFIN, Commissioner Pct. 4 r 1 V ~, 't__ ~. ~ ~\ ,~ ., 1 2 3 4 5 6 7 8 9 10 11 12 ,--, 13 14 15 16 17 18 19 20 21 22 23 29 25 2 I N D E X April 23, 2001 PAGE - -- Visitors' Input ................................... 3 - -- Commissioners' Comments ........................... 5 1 .1 Pay Bills ....... .... ........................... 35 1 .2 Budget Amendments~,~~:'Y~~.~.~ ~~'~~ ................... 41 1 .3 Late Bills ~.1".``Y~ " ~~"~L:`C ..... 45 1 . 4 Approve and Accept Monthly Reports .# ~~:~~~"~ ...... 13 2.1 Approve Assignment & Assumption of lease agreement between KX Aviation, Lessee, & City of Kerrville/Kerr County, Lessor 1~. ~:~'~~.~~... 14 2.2 Approve joint City/County resolution supporting Entitlement Grant for T-Hangar paving ~.~' L'~~~ ~~... 17 2.3 Clarification of Mobile Home Rental Community Rules and application thereof .i7. !SS~i`i~.4f~......... 21 2.4 Final revision of plat, Lots 231-239, Northwest Hills, Phase II ~...Z.~:~~~'~ ......................... 30 2.6 Authorize hand check for reimbursement of money to Kerr County Republican Party for overpayment ~f ) V (r ~ of election services ......~ ...................... 32 2.7 Authorize purchase of scanning equipment to replace existing files in Voter Registration~.'?~~~'~~46 2.5 PUBLIC HEARING, revision of plat for Tract 16, Silver Hills Subdivision . NY.~~.'~`_.~ ................ 53 2.8 Discussion regarding provision requiring OSSF application/installation on property within aU~SC-~S S~pr~ platted subdivision prior to utility hook-up ..... 69 2.9 Changing FLSA status on job description for Information Systems Support Specialist ~ ~':`!:~~.... 82 2.10 Resolution proclaiming May 3, 2001 as National Day of Prayer .F!.r~4`?~~ ............................. 83 2.11 Approve payment from excess Capital Outlay funds for Thermabind machine for District Clerk tF ~!-:~1~~~~. 84 2.19 Approve 4 Certificates of Substantial Completion relating to the courthouse annex renovation, authorize the County Judge to sign same .:t`.~~.'~'~':3.. 86 2.12 PUBLIC HEARING, amendment to Kerr County OSSF 2.13 AL~ order regarding property transfer inspections 2lo~~iy0 Approve amending Kerr County OSSF order regarding) property transfer inspections & procedures ....... 97 --- Commissioners Court recessed .................... 1 18 1 2 3 4 5 5 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 2S 3 On Monday, April 23, 2001, at 9:00 a.m., a special meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE HENNEKE: Good morning. It's 9 o'clock on Monday, April 23rd. We'll call to order this regular special session of the Kerr County Commissioners Court. Commissioner Letz, I believe it's your turn. COMMISSIONER LETZ: If you'll please stand and join me in prayer. (Prayer and pledge of allegiance.) JUDGE HENNEKE: Thank you. At this time, any citizen wishing to address the Court on an item not listed on the regular agenda may do so. Is there any citizen who would like to address the Court on an item not listed on the regular agenda? Once again, is there any citizen who would like to address the Court on an item not listed on the regular agenda? Sir? MR. KE 1'1'H: 1'd like -- JUDGE HENNEKE: Come forward and identify yourself. MR. KEITH: I would like to mention the fact that I'm not -- I'm -- not for another reason, but I -- at 4 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Oakwood Mobile Home Park, you know, behind Greenwood Forest, we got a problem out there. I don't live there, but I have a mobile home there. And, it happens to be at 113 Ash. I own the one at 115 Ash. And the one at 113 Ash is becoming a junkyard. It's -- there's all kinds of vehicles there, all junk and everything else. Now, Mr. Holekamp has been working on it, but, you know, I'd like to -- and I think that he's written them a letter and they won't answer it, so I don't know what the next step is going to be. But, it's nothing but a junkyard. There's seven vehicles there all tore apart and whatnot. And I ]:now, according to some of the deeds, that only two are supposed to be -- and they're supposed to be licensed. So, I'd like, you know, you guys to think that -- you know, think it over. But I'm not here for that reason. I just wanted to mention it. JUDGE HENNEKE: Could you give us your name for the record, please? MR. KEITH: George Keith. JUDGE HENNEKE: Okay, Mr. Keith. MR. KEITH: And I own a mobile home at 115 Ash. JUDGE HENNEKE: Okay, thank, you. MR. KEITH: The lady that lives there took care of my wife for six years before she passed away, and so I got a feeling for her. And she's -- can't get it 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 5 straightened up, she's going to move. Well, that puts me in a bad spot, too. JUDGE HENNEKE: Okay, thank you. Anyone else? If not, we'll go to the Commissioners' comments. Commissioner Letz? COMMISSIONER LETZ: I guess I'd like to publicly offer my condolences to the Schreiner family for the passing of Charlie III yesterday. Tremendous loss to the community. And also, I mean, for the loss of Louie a little over a week ago, especially difficult time for that family. And, on that same note, I really -- it's just -- many people are aware that Chrisie, Louie's wife, asked that the donations in Louie's honor be given to Kerrville Little League. And, I'm not -- at this point, I don't want to give out an amount, but the amount of donations are phenomenal. We're astounded, the Little League, at the amount of money we are receiving. A lot of them are in pledge amounts, so I hate to -- till we get them in, I hate to actually say anything publicly until we get the full amount, but it's a great, I guess, sign of this community to have the generosity they do. The amount of funds really is truly remarkable. And, on a little bit lighter note, I don't know if these rains may change the plans, but anyone who has nothing to do, it may be interesting to go down to Hermann Sons and watch them try to hoist a 90-foot railroad car 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~4 25 across the river. (Laughter.) COMMISSIONER GRIFFIN: Yeah. COMMISSIONER LETZ: It will be Aggie engineering at its best, so we'll see how that works. But, with the flow of the river rising a little bit right now, they may decide to postpone that; I'm not sure, but I know that the -- the creeks are down -- or up this morning. COMMISSIONER BALDWIN: Be sure acid let us know. I know we'd all like to go attend. COMMISSIONER GRIFFIN: See a great freight car raising. That's something else. COMMISSIONER LETZ: That's all I have this morning. JUDGE HENNEKE: Okay. Commissioner Griffin? COMMISSIONER GRIFFIN: Nothing to add. I certainly have the same thoughts about the Schreiner family, and I think that Jonathan's pretty well said it all. Very well said. That's all. JUDGE HENNEKE: Commissioner Baldwin? COMMISSIONER BALDWIN: I agree. I just wanted to really say thank you to my colleague at the other end of the table. A couple years ago, he was approached to be a judge at a dog I dog show and was unable to attend, asked me to sit in for him. And I did my second year this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 75 16 17 18 19 20 21 22 23 24 25 year, Commissioner, and I want you to know that - well, I'm just going to stop there, because the English language does not lend verbiage. COMMISSIONER GRIFFIN: I know how -- how honored you must be. COMMISSIONER BALDWIN: Well, I am, and it's a great, heartfelt thanks to you. COMMISSIONER GRIFFIN: Yes. Quite welcome. COMMISSIONER BALDWCN: That's all. JUDGE HENNEKE: Commissioner Williams? COMMISSIONER WILLIAMS: Your reputation precedes you, because I heard about your performance out at the Kerrville Air Show on Saturday, and you were nowhere near there. COMMISSIONER BALDWIN: Wasn't even there. COMMISSIONER WILLIAMS: Again, I echo Commissioner Letz' sentiments. Condolences to the Schreiner family on the loss of two of Kerr County's finest people here within just a very short period of time. That's tough. I'd like to also commend the -- those who were sponsoring the various forums here recently. Kerrville Daily Times sponsored one for the Headwaters folks, and I believe the League of Women Voters sponsored one for ttie City Council candidates, and the Center Point Alliance for Progress sponsored one for the -- their school district Hoard of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Trustees, as well as the Headwaters candidates, all of which had reasonable attendance. But, I think more importantly than the reasonable attendance was the fact that, at each of those instances, there was an opportunity for a candidate to express themselves on the important issues of ttie day. And the important issues of the day in terms of the Headwaters are significant. There are significant point-of-view differences, but that's what forums are all about, to help the public sort out the answers. They were all very good. Appreciate those efforts. JUDGE HENNEKE: Like all of us, we are deeply saddened by the loss of Charlie III as well as Louis Schreiner in a short period of time. I think it's within my authority that when we get notice of Charlie III's funeral, we'll ask that the flag here at the courthouse be lowered to half-staff during the -- during the service. Small token of our appreciation for all that Charlie III, himself, and his family has done for Kerr County and the Hill Country. I'd also like to extend my congratulations to Raymond Holloway for being chosen Fire Chief of the Year. Raymond, as we all know, works hard around here. He's actually tkie Emergency Coordinator for Kerr County; very happy to delegate that authority to him. He has been very instrumental in the excellent EMS and First Responder services that we enjoy here in Kerr County. So, our congratulations to Raymond for 1 ,.._ 2 3 4 5 6 7 8 9 10 11 ]2 13 14 15 16 17 18 19 20 21 22 23 24 25 9 an honor well deserved. I'd also like to thank and congratulate the various departments here in the courthouse for the excellent displays which are out in the halls during County Government Week, as it's instrumental for me, as well as for everyone, to go by and see how things used to be done and what -- what the various departments do. And I want to thank the department heads and all of the people who worked on those displays for their initiative and creativeness and willingness to keep County government alive acid fresh for all of the citizens in Kerr County. In keeping with that, 1'd also remind lawn about the heritage of Kerr County, including sheepshearing, forging, in the sense of making iron. we have a -- we'll have a longhorn here from the Y.O. Ranch. We have people cooking over an open campfire, and a number of exhibits that are going to be very interesting. We know that the 4th graders from the Hunt School are yuing to be visiting and will be serving as shadow officials that morning. And, the videotape -- the Video Tech Department from Tivy High School is going to come and film the -- the exhibits and the events, and it should be a very good day. We hope everyone will turn out and help us celebrate Kerr County Heritage Day. That's this Friday, the 27th. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 Finally, before we move into the regular agenda, we do have an Executive Session planned for today. We'll have that this morning, immediately after we conclude the regular business, before we break for lunch and our workshops this afternoon, So, we'll keep Chat in mind. COMMISSIONER LETZ: Judge, I have one other announcement that I forgot to mention. I'd like to -- I don't know if everyone's aware of it. I'm sure it will be in the paper, but N.R.C.S. is putting on a seminar geared for the -- for property owners of small tracts of land. It's geared for people -- people that own from 1 to 100 acres, something I think that's been needed for a long time, to try to help a lot of these -- I guess a lot cf the growth we see are people that are buying small tracts in this county, and a lot of them don't have mucYi information available to them on how to -- what to do with their property. So, N.R.C.S., along with Texas A & M, is putting together a workshop held at Lion's Camp that day. I've been asked to be one of the speakers, talking aLout land ethics and stewardship. Bob Dittmar is another local individual who`s going to be speaking. AUDIENCE: When? COMMISSIONER LETZ: When? IL's May 12th. I believe it is a Saturday. Anyway, it should be -- they have a number of other speakers that -- probably 10 to 12 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 speakers, and it should be a -- you know, the agenda looks very interesting. It should be a real good program for people that don't have a lot of land, but do want to manage it properly. MS. SNYDER: Could that possibly be videoed so it will be made available to the public other than just the hearing day? I'm going to be out of down that day. COMMISSIONER LETZ: I will talk to N.R.C.S. about that. I wouldn't know why they wouldn't -- maybe Tivy High School or someone -- Channel 51 or someone may be interested in doing that, or N.R.C.S. may have the capability. But, it would be an interesting thing. I know all the talks are being made -- they are going to be compiled, made available to people, but I think the video -- that would be a good idea, as well. I'll mention that to Joe Franklin. JUDGE HENNEKE: Two other quick things which I'll mention. There is a free grant-writing workshop this Thursday and Friday at the Butt Holdsworth Library. It's being sponsored by Kerr County and the Alamo Area Council of Governments. Excellent opportunity for any government agencies or foundations or several organizations to go and get real good training on how to write grants and how to seek out grant monies. Also, there is a regional airport meeting put on by the Texas Department of Transportation 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 4 25 this Thursday at 9 o'clock. It's going to be at the Main Street building down on Water Street. We have posted that as a Commissioners Court meeting, so that any and all of us who wish to attend may do so. But, that meeting is at 9 o'clock on Thursday morning of this week, the 25th. Okay. Anybody else have their memory jogged? Okay. MR. KEITH: Could I -- could I put a plug in for the EMS/fire department? JUDGE HENNEKE: Sure. MR. KEITH: I was transported to Methodist Hospital a few months ago, and we got as far as Boerne, just by this side of Fiesta. So, the man that was in back with me said -- says, "We got to stop. The driver said we qot L~ stop." Well, a pickup went by, turned over, and spread three kids over the street and whatnot, and so the man in back said, "Hey, are you all right?" I said, "I'm fine. Get out here and help them." So, he stayed with them until the people got there, but he had to cut the britches off of one boy. And the boy that was driving the truck, he stayed with me. So, I was going for a heart attack, but somebody was lying there in the street. JUDGE HENNEKE: Well, thank you, Mr. Keith. We appreciate that. Let's pay some bills. COMMISSIONER BALDWIN: Judqe, Tommy told me out in the hallway -- you were busy. He is -- has computer 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2L 23 24 25 13 problems. JUDGE HENNEKE: Okay. COMMISSIONER BALDWIN: We can go ahead and do it, if you'd like, or he -- or put it off for a little while until he can get in here. JUDGE HENNEKE: Does anyone have any questions or comments? COMMISSIONER BALDWIN: Oh, yes, I do. JUDGE HENNEKE: Well, l.hen, we'll put it off. COMMISSIONER BALDWIN: Okay. JUDGE HENNEKE: And we'll put off the budget amendments, as well. COMMISSIONER WILLIAMS: Okay. JUDGE HENNEKE: And late bills. Okay. We'll come back to those at a later time. At this time, I'd entertain a motion to approve and accept the monthly reports as presented. COMMISSIONER LETZ: So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Griffin, that the Court approve and accept the monthly reports as presented. Any further questions or comments? 1f not, all in favor, raise your right hand. (The motion carried by unanimous vote.) 1 ._ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 24 25 14 JUDGE HENNEKE: All opposed, same siyt,. (No response.) JUDGE HENNEKE: Motion carries. Okay. Starting with our consideration agenda, Item Number 1 is consider and discuss approval of Assignment and Assumption of Lease Agreement and a Fifth Lease Addendum to that certain lease agreement between KX Aviation, Lessee, and City of Kerrville and County of Kerr as Lessor. Megan? MS. CAFFALL: Good morning. Mr. Robert business for sale. Kerrville Aviation, Inc., has two includes Lot 3, part of Lot 2, and the S & S Aviation lease, which includes Lot 9 and Lot 10 out of the ramp at the airport. The KX Aviation lease term runs through 2013, with options for two 10-year extensions at negotiated terms. And the S & S Aviation lease expires in 2005, with no options for extension. Mr. Joe Kennedy, owner and General Manager of JLK Enterprises, Limited, has made an offer to purchase the business from Mr. Woodward, has obtained financing, and is requesting that the KX Aviation and S & S Aviation airport ground leases assigned to Kerrville Aviation, Inc., be assigned to JLK Enterprises, Limited. City and County staff have reviewed JLK Enterprises, Limited's sumcuarized 1 2 3 4 5 6 7 8 9 10 11 12 ,^ 13 14 15 16 17 18 19 20 21 22 23 ~q .--. 25 15 financial information and business plan, and have no objections to the assignment of leases to JLK Enterprises, Limited. Mr. Kennedy has worked Tor Kerrville Aviation for nine years, and has been the General Manager for the past six. The Kerrville/Kerr County Joint Airport Board recommended that the KX Aviation and S & S Aviation airport ground leases be assigned to JLK Enterprises, Limited, at the April 11th meeting. It was kind of interesting -- Lkiis is ht here. At the air festival on Saturday, we had a -- a brief ceremony to award a commenda non -- or to just express our thanks to the group that helped fight our fires last Labor Day, and we put together a -- just a requiar commendation thing which the Judge signed and the mayor signed, and I had it framed and -- and we thought we were doing pretty well, until they came and -- and said, "Oh this is really great." You know, "We'd love to come back here; y'all treated us so well. We have a presentation that we'd like to make to Kerrville Aviation because they treated us so well, and made it really much better for us here than we've ever had it anyplace else." And they put out the presentation that has their Firehawks patch and a picture of the Blackhawk actually dumping on the fire that -- that the Times had sent them, and an engraved brass plaque, and it's all matted and framed. And, it was really nice; I was very 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 impressed that they re~~ognized Kerrville Aviation. It is -- Kerrville Aviation is the Kerrville airport. When you fly in or land there, the City and County representatives aren't there; we are represented by Kerrville Aviation. And, as I travel over the state, we -- I hear constantly compliments, including from my dad, who's one of the pickiest people in the world. But, he flew here. So, anyway, the recommendation is from the Airport Board, that the leases be assigned. The provisions for -- in the lease say that they should not be unreasonably withheld. Assignation is something that's provided for in the leases. JUDGE HENNEKE: Any questions or comments? COMMISSIONER GRIFFIN: I'd just like to make a motion that we approve the assignment and assumption of leases as presented, and with the comment that -- that Joe Kennedy has done a fantastic job as General Manager of Kerrville Aviation, and I would expect to see many great, great years for the airport. COMMISSIONER WILLIAMS: Second the motion. JUDGE HENNEKE: Moved by Commissioner Griffin, second by Commissioner Williams, that the Court approve the Assignment and Assumption of lease agreement and the Fifth Lease Addendum to that certain lease agreement between KX Aviation as lessee and City of Kerrville and County of Kerr as lessor. I will note for the record that 17 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~2 23 24 25 the documents have been reviewed by the County Attorney's office and they have no objections to the form and substance of the assignment. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Item Number 2, consider and discuss approval of a joint City/County resolution in support of an entitlement grant for T-hangar paving, and authorize County Judge to sign same. Once again, Megan Caffall. MS. CAFFALL: Recently, Congress passed and the President signed some new legislation that provided for grant funds specifically entitled for approximately a hundred airports across Texas. And, in past years, entitlement funding has only gone to airports that have passenger service. It's based on how many seats you sell a year. And, these funds are entitled; they're given to you. You can use them for anything that is approved for airport improvement projects. They just started making these funds available for general aviation airports like ours. And, of course we indicated a desire that we wanted some of these funds. Kerr County Airport is eligible for entitlement of $150,000 for this year. We also will be allowed those funds 18 1 _ 2 3 4 5 5 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 for the next two years if the funding is made at the beginning of each year, but we definitely have it for this year. And, the match from the City and County is $16,567. I have no idea how they come up with these numbers, but that's what they -- you know, our share is supposedly 10 percent of $150,000, but the paperwork that they sent us said that your share will be this and the total project will be $155,557. We had already planned in the airport budget for T-hangar paving, the majority of which we had included in our airport budget. It wasn't going to be fancy paving; it was going to be just enough to get us going because of the budget strain this year of building those T-hangars, so this really is a blessing. And, the grant match here is less than the grant funds that I had planned to spend on this project, as well, on the paving, which was $20,000. So, I'm anticipating that this grant will put us in a better position at the end of the year, retaining some of the money that I had planned to spend on paving in our fund balance. So, all in all, it's a very good deal for the airport and the T-hangar project. JUDGE HENNEKE: Questions or comments? COMMISSIONER WILLIAMS: Judge, I would move adoption of the joint City/County resolution in support of entitlement grant for T-hangar paving, and authorize the County Judge to sign same. 19 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 24 25 COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Griffin, that the Court approve the joint City/County resolution in support of the entitlement grant for T-hangar paving and authorize the County Judge to sign same. COMMISSIONER BALDWIN: I have a question. JUDGE HENNEKE: Any questions or comments? COMMISSIONER BALDWIN: I have a question. Is the total project 5150,000 or $165,000? MS. CAFFALL: $165,000. COMMISSIONER BALDWIN: I third that motion. JUDGE HENNEKE: Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: A11 opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. MS. CAFFALL: Could I make another announcement while I'm up here anyway? Put the other hat on. April is Clean Up Our Act month here in Kerr County and Kerrville, and we are having our hazardous waste collection on Saturday from 9:00 to 1:00 at the Community Recycling Center. I have some funds available and we have declared that day and that time period, from 9:00 to 1:00 at the ~o 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Recycling Center for tire amnesty day. we're going to take -- not from businesses, but from individuals or people in the county that have accumulated -- accumulated more than four tires, which is what we normally limit our collection to, we'll take, within reason -- I mean, we're not going to take semi truckfuls of tires from people, but we will take as many tires as people bring in. So, just pass the word along, and also as well, our regular hazardous waste collection, but tires are a real problem here in the city and I'm sure they are in the county also. It's gotten very difficult to dispose of them. They charge $2 a Piece at the landfill. My cost will be about half of that per tire to get rid of them, but myself and the City Manager feel that this would be a good -- good one-time opportunity -- we're not going to be able to do this every year, but a good one-time opportunity to get some of these tires gone. COMMISSIONER LETZ: Are batteries included in hazardous waste? MS. CAFFALL: Yes, sir. They actua]ly are recycled. Rice and Murayama Radiators will take batteries anytime. They come to our events and take all the automobile batteries and recycle them. COMMISSIONER LETZ: Thank you very much. COMMISSIONER BALDWIN: Thank you. JUDGE HENNEKE: Next item for consideraLiun 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is Item Number 3, consider and discuss a clarification of Mobile Home Rental Community Rules and application thereof. Franklin Johnston. MR. JOHNSTON: This has come up -- there's been a couple situations arise, one in Precinct 4 died one in Precinct 2, where there's been more than one mobile home on a lot. Some lots aren't platted, but they're -- they're acreage-type lots. And the question arises, does two mobile homes on a lot constitute a manufactured home community^ Or is it just -- especially if they're used for a family member to live in, like a -- a parent or a child? U.G.R.A. had the -- they defined the ordinance as more than one. They won't approve septic permits. JUDGE HENNEKE: I think we have to look at what the definition is. It's not a manufactured home community; it's a manufactured home rental community. ~ MR. JOHNSTON: Rental. JUDGE HENNEKE: Either the lots or the manufactured homes have to be held out for rent -- MR. JOHNSTON: Right. JUDGE HENNEKE: -- in order for it to qualify for it under the requirement for minimum infrastructure standards. MR. JOHNSTON: I think, in this case, one person owns both homes, and they -- they're probably renting 22 1 2 3 4 5 6 7 8 9 10 11 1~ 13 14 15 16 17 18 19 20 21 22 23 24 25 to the other one, but they claim in their letters to family members. COMMISSIONER LETZ: I think -- I mean, the -- going a step further from what the Judge said, to me, you would have to rent two of them. I mean, if you own one and rent one, that doesn't qualify. You have to rent two, to have two rental spaces. I mean -- and, to me, I mean, I don't think that -- I think, to me, it does not qualify. I mean, you've got to held -- 'cause it says two vi more spaces that are rented, so if you own one and rent one, that doesn't qualify. If you own one and rent two, them it does qualify. It depends on, you know, the -- if you're renting two of them, yes, it does qualify. It depends on what they're renting. I mean, the fact that there's mobile homes there is irrelevant. I mean, it's how many rental home -- mobile home spaces they're renting. COMMISSIONER BALDWIN: What if they're renting two to family members? JUDGE HENNEKE: Still a rental. COMMISSIONER WZLLIAMS: Sti11 a rental. COMMISSIONER LETZ: It's included, then, if there's a house on the property and they rent two to family, that's a community? COMMISSIONER GRIFFIN: I don't believe there are -- in either of the cases that we're talking about, that 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 70 21 22 23 24 25 that's a problem. On one metes and bounds piece of property, there is a -- a residence plus two rental mobile homes. I don't think that's the case in -- MR. JOHNSTON: One of them has two extra mobile homes and one of them's not -- they say it's not a rental. COMMISSIONER GRIFFIN: That's just like -- let's assume that it's not mobile homes we're talking about, but -- but fixed structures. Now, I can build a guesthouse on my property if I want to, as long as I can get it past the hookup requirements for a septic system and good water to it and that sort of thing, but that has -- as long as I`m not subdividing the property, then I don't. think there's any mobile home rental community, unless there's more than two rented on the same piece of property, so I think the answer to the question here is no. Now, I mean, I think -- this is not a mobile home rental community in either ~f the cases that we've looked at. JUDGE HENNEKE: These definitions are state definitions. MR. JOHNSTON: Mm-hmm. JUDGE HENNEKE: Has to be at Least two that are held out for rent. COMMISSIONER BALDWIN: Is there any difference in whether you -- you own all the mobile homes 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 there and you're renting the mobile homes, or you are renting a space: Is there a difference in those two things? JUDGE HENNEKE: No, not by the definition, Either of those circumstances is a rental home -- manufactured rental home community. MR. BARRON: Judge, what if -- JUDGE HENNEKE: Come forward and identify yourself, sir. MR. BARRON: Stuart Barron with U.G.R.A., Upper Guadalupe River Authority. Some of them have been represented to us that they're just going to give them the house to live in, without collecting rent. Is there anything that stipulates that what -- new mobile homes and new septic systems? JUDGE HENNEKE: Once again, under tYie law that we're working with, it says these have to be rented. I don't know what the exact language is, but it's -- COMMISSIONER GRIFFIN: I think the answer to that question, Stuart, is that -- is that you would have the same ruling on your question as you would if it had nothing to do with mobile homes. MR. BARRON: Yeah, exactly. COMMISSIONER GRIFFIN: If 1 build a home on property and give it to somebody to use, there's no restriction in our Subdivision Rules that would keep me from 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ]9 20 21 22 23 24 25 25 doing that. Now, I would still have to meet the -- t}ie O.S.S.F. requirement for having enough space for a drainfield or use a cluster system or whatever, but the fact that it's a mobile home -- MR. BARRON: Yeah. COMMISSIONER GRIFFIN: -- wouldn't have anything to do with it. MR. BARRON: I agree completely with that. One of them that's in question is actually plotted as a mobile home rental community with KCAD, and maybe that hasn't been switched yet. There's actually three -- these happen to be mobile units out there right now. She said one of them's just going to be storage, and the other two are going to be -- I don't kciow if she said they were going to be leased to a niece or a nephew; they're all going to be family members there. COMMISSIONER WILLIAMS: That's why we were wondering. COMMISSIONER BALDWIN: I think the owner's ~ going to live in one, niece live in one, and one's going to I be a storage unit. MR. BARRON: And there's -- she actually lives in another one. COMMISSIONER BALDWIN: Oh, there's another I one? 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BARRON: There's actually four of them there. COMMISSIONER BALDWIN: Okay. JUDGE HENNEKE: Well, if she leases two of them, it qualifies. You have to meet the standards. MR. BARRON: Okay. JUDGE HENNEKE: I don't care who she leases them to, if she leases them to her dog. MR. JOHNSTON: The fact that it's a family member in this case doesn't really make any difference. JUDGE HENNEKE: Family member doesn't enter into it. No exception. The issue is whether they're leased, whether she collects rent. COMMISSIONER WILLIAMS: How would the Court or U.G.R.A. know that after the fact? JUDGE HENNEKE: We11, I mean, if -- we're going to rely on the honesty of the citizens, unless it becomes blatantly obvious. If there's 16 mobile homes out there, and they're all being -- COMMISSIONER WILLIAMS: Sixteen might be a c]ue. JUDGE HENNEKE: -- and they're all being occupied by family members, you know, that's either a big family or somebody's not telling us the truth. But, if someone tells us they're not leased, they're simply being 27 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 25 given to a family member, I don't think we look beyond that unless the circumstances tell us that there's some question about that. MR. BARRON: Should we get something to -- sign something to that effect? JUDGE HENNEKE: I think, from your point of view, that would be a good Lhing to do. Again, it's -- the family member has nothing to do with it. The question is, are they leased? Are they held out for rent? COMMISSIONER BALDWIN: Wait just a second. Get them to sign what? MR. BARRON: Sign something that says that they're not collecting rent for that piece of property. Or shall we just let it go at their -- their word that they're not collecting rent? COMMISSIONER BALDWIN: Well, I -- MR. BARRON: I'm just thinking, just send us a letter saying that, you know, it's going to be for a family member. COMMISSIONER BALDWIN: Does U.G.R.A. have that authority to ask that question? MR. BARRON: That's what we're coming to y'all to find out, if we -- how deep do we need to go in this? Do we just take their word for it that they're all going to be family members? Or -- 2a 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 ~2 23 24 25 COMMISSIONER LETZ: I would think that we would ask them to send us a letter. JUDGE HENNEKE: Yeah. COMMISSIONER LETZ: Z'd rather us not have a form; I'd rather say if it's not -- if you're not going to rent these, send us a letter to that effect and we'll put it in the file, and that's it. I mean, I think that's -- COMMISSIONER BALDWIN: That's not the feelings of Precinct 1. I think we just need to take their word for it. If you catch them, throw the book at them, but requiring something in writing, it's not my opinion. But, I'm outnumbered, so you might as well go ahead and do it. COMMISSIONER WILLIAMS: I think I like Commissioner Letz' idea. You might -- you might advise them what the regulations are with respect to rental communities and indicate them to certify that theirs does not meet that standard. COMMISSIONER GRIFFIN: How about turning it around? Just an idea. Instead of requiring that they certify that, we -- our Designated Representative advises them that those properties -- that they cannot get into ttie mobile home rental business under the approval, and that we make that letter a part of the pie, so that we've told them that that's the case. Not that it's the other way around. COMMISSIONER LETZ: That's fine. 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 COMMISSIONER GRIFFIN: That we -- there's no question, if they get into the mobile home rental business -- COMMISSIONER WILLIAMS: They're doing it knowing -- COMMISSIONER GRIFFIN: -- they're doing it after we told them that that's not permitted. And, if we catch them at it, we throw the book -- MR. JOHNSTON; If they do so, utilities aren't supposed to be hooked up. COMMISSIONER GRIFFIN: Right. COMMISSIONER LETZ: It's not that long of a document, ten pages. We can just give them -- it's not going to come up that often. You just give them a copy of the rules and say, "Here's the rules." COMMISSIONER GRIFFIN: And make that a part of our report, that we've so notified them. MR. BARRON: Yeah. COMMISSIONER GRIFFIN: I think that would -- that removes the onus that Commissioner Baldwin's talking about of putting it on the landowner to certify. lt's just that we're certifying we've told them what the rule is. JUDGE HENNEKE: Okay. Thank you, Stuart. COMMISSIONER BALDWIN: Thank you, Stuart, for bringing that to us. It's good to see somebody from 30 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 O.G.R.A. over here. MR. BAR.RON: Okay. DODGE HENNEKE: Let's move on to item Number 4, consider for approval the final revision of plat for Lots 231 to 239 of Northwest Hills, Phase II, Precinct 1. Commissioner Baldwin. COMMISSIONER BALDWIN: The Kerr County Engineer, Franklin Johnston, I think, will make this presentation. MR. JOHNSTON; This is a replat of several lots, and it's combining two lots to make one big lot with an acreage of 1 1/2 -- 1.4 to 2 acres. While it sounds small, they exist now as less than 1 acre, so they're making them larger by combining lots. COMMISSIONER GRIFFIN: We alwaVS like to see them getting bigger. COMMISSIONER WILLIAMS: Going in the right direction. COMMISSIONER BALDWIN: I move that we approve ~ the final revision of plat for Lots 231 through 239 of I i Northwest Hills, Phase II. COMMISSIONER LETZ: Second. COMMISSIONER GRIFFIN: Third. JUDCE HENNEKE: Moved by Commissioner Baldwin, seconded by Commissioner Letz, that the Court 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 approve -- (Commissioner Griffin's cell phone rang.) JUDGE HENNEKE: -- the final revision of plat for Lots 231 to 239 of Northwest Hills, Phase II, in Precinct 1. Any further questions or comments? if not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. COMMISSIONER BALDW7N: Did Larry vote? JUDGE HENNEKE: Commissioner Griffin was recorded as voting aye. COMMISSIONER GRIFFIN: Aye. JUDGE HENNEKE: Okay. COMMISSIONER GRIFFIN: Judge, if I may just interrupt for a second, that was a phone call -- many of Ltie people here know -- got to know, in the short time we had him with us, Dave Walker, former astronaut. He was a 911 Board member for a short period o£ time. Just died of liver cancer. He was at M.D. Anderson, went in last week, and it's a sad day for the space program. But, that was what that call is. I'm sorry I didn't put that on vibrate. I would not have gotten that. JUDGE HENNEKE: We11, we regret to hear that 1 ^ 2 3 4 5 h 7 8 9 10 11 12 ^ 13 19 15 16 17 18 19 20 21 22 23 24 25 32 Dave has passed on, and we lend our sympathy t~ his family, discuss authorization for hand check Yor reimbursement of $634.06 payable to Kerr County Republican Party for overpayment of election services, deposited into tkie Kerr County General Fund. County Clerk, Jannett Pieper, MS. PIEPER: Gentlemen, this is kind of an unusual situation that I was not aware of, but whenever I do services with the -- either the Republican or Democratic Parties, it's my understanding that we -- the County gets 10 percent of the budget or something like that. Anyway, Ms. Davis, once the election was over, brought me in a check for 700-something dollars, and I said, "What's tkiis for?" And she said, "It's your part of the election services." So, I had that deposited with Barbara Nemec in tYie General Fund. And then she came back a little -- couple of weeks later and handed me another check for 400-something dollars, and I said, "What's this for?" And she said, "Well, the State says I owe you more money." And I said, "Okay," so I deposited that with Ms. Nemec also. Well, now the State has informed Ms. Davis that they did another audit and now they have concluded that she overpaid, and they are requesting the $634.06 back, so I would like an authorization for a hand check to be cut out of the General Fund, where it was deposited, back to the Republican Party, and then Ms. Davis 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 2L 23 24 ~5 will forward that money with whatever she's supposed to forward from their party to the State, COMMISSIONER BALDWIN: Jannett, I searched through my packet here over the weekend and went through it forward and backward, and I couldn't find any backup. Is -- you do have a letter from Mrs. Davis or someone that -- MS. PIEPER: I have a letter from the Secretary of State's office to Mrs. Davis that, to me, doesn't make that much sense. COMMISSIONER BALDWIN: Well, I can understand that; it's from the State. I assume that we would have some kind of documentation that says that you and I need to give up $634. MS, PIEPER: Well, the total on that letter that was to Ms. Davis was a thousand and something dollars. So, I called the Secretary of State's office and said, "Well, what about our 600-and-something that Ms. Davis has said...," and she said, "Oh, well, that -- you have to give that to her, and then she forwards it." Because I thought we would just forward it on to the State. It is -- it's confusing. And -- COMMISSIONER GRIFFIN: We got roughly $1,000 and they're wanting $600 of it back, right? MS. PIEPER: Right, and the remainder of the $1,000, less our $634.06, comes from the Republican Party. ~- 1 2 3 4 6 7 8 9 10 ]1 12 13 14 15 16 17 18 19 20 21 ~~ L L L3 24 25 34 Because she was supposedly overpaid for her administrative duties, as well. COMMISSIONER GRIFF'1N: The Party giveth and the Party taketh away. And they don't get the interest on it that we drew on it for a few days or whatever. COMMISSIONER LETZ: I mean, I guess as long -- I qo back to what Commissioner Baldwin said. I think we need to have some documentation in your files. If you're comfortable with what you have, that's sufficient, in my mind, but I think we need to make sure we have some kind of documentation as to -- when we get audited, as to why we're sending -- you know, money coming in and money going out to the Republican Party. MS. PIEPER: Well. 1 have tha lattar from tho State in my file. COMMISSIONER LETZ: But, does that amount match the dollar amount that we're sending back? I mean -- MS. PIEPER: No, because in that letter, that states 1,000-and-something. COMMISSIONER LETZ: Could we get a new letter from the Secretary of State explaining -- I mean, something with $634.06 on it? COMMISSIONER GRIFF'1N: We need a bill for 5639.06. MS. PIEPER: Okay. I will call them -- the 35 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lady that did the audit, and advise them of such. JUDGE HENNEKE: Would the Court agree to go ahead and approve the -- COMMISSIONER BALDWIN: Yes. JUDGE HENNEKE: -- bill, contingent upon obtaining ari invoice for the proper amount, either from the Secretary of State or from the Kerr County Republican Party? COMMISSIONER GRIFFIN: So moved. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Moved by Commissioner Griffin, seconded by Commissioner Letz, that Lhe Court approve a hand check for reimbursement of $634.06 payable to Kerr County Republican Party for overpayment of election services, contingent upon receipt by the Clerk of an invoice, either from the Texas Secretary of State or the Kerr County Republican Party in that amount. MS. PlEPER: Thank you. JUDGE HENNEKE: Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Since Mr. Tomlinson has solved all the computer problems, let's go back and pay some bills. Does anyone have any questions or comments regarding r-~ 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 36 the bills? COMMISSIONER BALDWIN: Page 5. What did you say, Tommy? MR. TOMLINSON: I said it was not a good night. COMMISSIONER BALDWIN: Oh, yeah. My house, either. Page 5, County Jail. And I am so thankful our Sheriff is here. MR. TOMLINSON: Me too. COMMISSIONER BALDWIN: He has a gun on today, too, I might add. SHERIFF HIERHOLZER: That's right, Mr. Baldwin. COMMISSIONER BALDWIN: Which is kind of rare, I guess the Sheriff -- I would ask him to explain to us the very large amount of prisoner medical expenses. This is many times more than we normally pay per month. Can you give us a -- or give me an exp]anation? SHERIFF HIERHOLZER; Prisoner medical expenses out there have been going up, I'd say skyrocketing a lot over the last year, and part of that is due to -- I even had asked the County Attorney's office to do a litt]e research on an Attorney General's opinion, and Judge Henneke and I spoke about it. And, what it ends up amounting to is -- I think the hospitals and everybody have also figured 37 1 G 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~-. 25 all this out -- is that the County -- due to the fact we do have to have it treated, whether it`s an injury he got during an arrest or any other time, we have to pay those bills, totally. And this month alone, it goes back several months on these bills, but the amount you're being asked to pay for is about $8,500 in this -- this Commissioners Court. I don't know of any way around this. We have started billing the counties that we house Ltieir inmates for. We have to pay that bill up front, and then we, in turn, send a bill to that county, or a copy of that bill so that they can reimburse Kerr County for it. But, anybody being housed out there, we have to pay total bills on. The only other thing we can do, and we're looking at doing this -- two other things, is there is a legislative deal that came out last year saying that we can start charging inmates $25 a day for housing them. That's if the Judge, during court, orders it, and if the inmate's not indigent, and then you've got to figure out all the indigency stuff. But I'm all for charging those that we can for their stay. And then the only other silver lining that we have done is a lot of the over -- over-the-counter medications, I took them off of Kerr County just furnishing 38 1 .~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 those, put them in on the commissary account, like your aspirin and things like that, to where the inmates actually pay for that stuff up front. And we're trying to collect a lot of the prescription fees back out of their commissary account, but it's just a -- it's something that I really hate seeing. I don't agree with it. But, you know, I just don't -- I flat don't agree, and the Judge knows this, that we should have to pay for everything as far as medical. They come in with a toothache, we got to pay it, even though they had it before they got there. I totally disagree. But, the other thing ttie County Attorney and I have talked about, the only way we can get this money back is actually through billing the inmate once they get out, and then if they don't pay it, filing a lawsuit against the inmate to collect those fees. And even though we may not collect too much and it could be a long, drawn-out deal, I feel that we need to start filing those lawsuits to at least attempt to get some of the taxpayers' money back. COMMISSIONER WILLIAMS: Stiexiff, is any of this reimbursable on today's list? SHERIFF HIERHOLZER: There may have been a couple from Llano on there that should be. MR. TOMLINSON: 1 notice that some of these are -- are old bills. COMMISSIONER GRIFFIN: All the way back to 39 1 2 3 4 5 6 7 8 9 10 11 1Z 13 14 75 16 17 18 19 20 21 22 23 24 25 June of last year. That's -- MR. TOMLINSON: So that kind of -- that kind of distorts the number. You know, two of them are from November from City of Kerrville, and then there's one, as the Commissioner pointed out, back to June of 2000. One back to January. SHERIFF HIERHOLZER: I think what happens a lot of times, they may go ahead -- 'cause I have where our jailers, anybody that takes an inmate to the hospital, we do not sign any of that paperwork saying that we're liable or anything else, and the hospitals and doctors may be actually trying to bill the inmate first, and when they don't get it from them, they come back to the County. And, if the guy was in custody at the time, we don't have much of a choice. So, a lot of those bills are cominy in late, and it kind ~f looks like some hospital bills and doctors have gone back on their records on things that they hadn't gotten, where they knew the guy was an inmate, and they're doing it. COMMISSIONER LETZ: Rusty, on the EMS charges, are those transports? SHERIFF HIERHOLZER: Yes. COMMISSIONER LETZ: From the jail to the hospital? SHERIFF HIERHOLZER: Yep, $273. COMMISSIONER BALDWIN: There's two of them in 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 one day for the same guy. Was he just out riding around or what? SHERIFF HIERHOLZER: What that one was, if I recall right on that, the inmate came in highly, highly intoxicated, past the point that it could be dangerous to himself, started throwing up blood and that, had to be transported to the emergency room. They treated him at the emergency room, they came back to the jail, because he had not been released, and then he had a seizure and had to be transported back to the hospital again. We get both bills. COMMISSIONER WILLIAMS: What's interesting about that one is the bill is five months coming from EMS. SHERIFF HIERHOLZER: A lot of those, I have tried to wait for the -- the County Attorney's opinion on whether we have to actually pay them, because I totally disagree with it. And, we finally -- after the County Attorney reviewed it and with the A.G.'s opiniui~s, I don't have a choice. MR. TOMLINSON: Just for your information, the person out at the jail that operates the commissary is excellent. She does a very good job, and she -- she gets every dime out of their commissary account that she can. And, when I see those records, I know that -- tkiat they do a good job. JUDGE HENNEKE: Any other questions or 1 2 3 4 5 6 7 a 9 10 11 l~ 13 14 15 16 17 18 19 20 ~l 22 23 24 25 41 comments about the bills as presented? COMMISSIONER LETZ: Move we pay them. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Griffin, that the Court approve payment of the bills as presented and recommended by the Auditor. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Budget Amendment Request Number 1 ~s from the District Clerk. MR. TOMLINSON: This is from the District Clerk. Her request is to transfer $390 from Part-Time Salaries to Evidence Storage Rent. I have a statement from the vault storage place here in Kerrville for that purpose. COMMISSIONER BALDWIN: Is she getting more storage space, or did they go up that much? I guess we're talking -- MR. TOMLINSON: No, I think it's something new, because it's for the months of April through June. That's all the bill says, so I -- COMMISSIONER BALDWIN: Is that the one over on Water Street? 42 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 MR. TOMLINSON: Yes. COMMISSIONER BALDWIN: Okay. COMMISSIONER LETZ: The amount's interesting, because it's the same as the total budget was. That's the reason the current budget was $390. The current expense is $390. COMMISSIONER BALDWIN: She must be just getting another space or another slot or another room, just like the one she's been renting, I guess. So moved. COMMISSIONER WILLIAMS: Second. DODGE HENNEKE: Moved by Commissioner Baldwin, seconded by Commissioner Williams, that the Court approve Budget Amendment Request Number 1 from the District Clerk. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Amendment Request Number 2 is from the District Courts. MR. TOMLINSON: This transfers $2,807.09 from Special Trials out of the 198th Court to the 216th Court. COMMISSIONER LETZ: So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2< 23 24 25 93 seconded by Commissioner Griffin, that Lhe Court approve Budget Amendment Request Number 2 for the District Courts. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: A1L opposed, same sign. {No response.) JUDGE HENNEKE: Motion carries. Number 3 relates to the 198th District Court. MR. TOMLINSON: This request is to transfer $100 from -- out of the jury fund, from Jurors to Court Interpreter for $100. COMMISSIONER LETZ: So moved. COMMISSIONER GRIFFIN: Second. COMMISSIONER LETZ: Is there a typo? Is that -- should that be 436 instead of 425 on that Jurors item? They're both -- MR. TOMLINSON: I'm not sure, I don't have my chart of accounts with me. 1 think that lkie -- the top one's actually wrong. I think the 435 is a typo for sure. They're the same fund, so i -- COMMISSIONER LETZ: The 436 -- based on the Number 2, 936 is the 198th. MR. TOMLINSON: I'd have to look. COMMISSIONER LETZ: You can check. 44 1 2 3 9 5 6 7 8 9 10 11 12 13 79 75 16 77 18 19 20 21 22 23 24 25 JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Griffin, that the Court approve Budget Amendment Request Number 3 for the 198Lh District Court. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Request Number 4 is from the Constable of Precinct 2. MR. TOMLINSON: This is his request *_o transfer $50 from Equipment Repair to Miscellaneous, and it's for a psychological examination by Hardy Davis -- W. Hardy Davis. COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Baldwin, that the Court approve Budget Amendment Request Number 4 for Constable, Precinct 2. Any further questions or comments? If not, all in favor -- COMMISSIONER LETZ: Question. It's for a psychological evaluation on who? JUDGE HENNEKE: It's required for his license. 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Oh, for his -- oh. By him for his license, okay. MR. TOMLINSON: Yeah, it's for his license. JUDGE HENNEKE: Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Do we havE any late bills? MR. TOMLINSON: I have two. Une is to the Texas Center for the Judiciary for $70. It's for registration fee for Judge Prohl. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Baldwin, that the Court authorize a hand check in the amount of $70 payable to the Texas Center for the Judiciary. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: A11 opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. MR. TOMLINSON: Okay. The next -- the last 46 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 one is for J.P. 1 for $204 to the Kerrville Postmaster fui six -- COMMISSIONER LETZ: To who'? MR. TOMLINSON: Kerrville Postmaster for six rolls of stamps. COMMISSIONER LETZ: So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Griffin, that the Court approve a hand check in the amount of $204 payable to the Postmaster for the J.P., Precinct 1. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Let's go ahead and do Item Number 7 before we have our public hearing. Consider and discuss authorization to purchase scanning equipment to replace the existing files in Voter Registration Department of Tax Office. Ms. Bolin. MS. BOLIN: Paula's having back surgery today, so I'm going to see if I ~~an wing this. Last year in our budget, we requested a file cabinet with Capital Outlay, and we were approved. When we got ready to purchase it, we decided we did not have a place to put the file cabinet, so 47 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2L 23 29 25 Paula and I started looking into alternatives for filing for voter registration. We looked at an electronic filing cabinet that would be floor-to-ceiling. IL's 5 feet wide; there would be no space saving. It would actually take up more space, and last about 10 years, at $24,000. So, we checked with the State on scanning or imaging. They said that we would not have to keep hard copies any longer. At this point, we have to keep them indefinitely. If they've been canceled, we have to keep them for two years. The -- in your agenda request, there is an estimate on the cost of it. Part of Ltie funding will come from the Secretary of State's office, which is our Chapter 19 Fund that is strictly for voter registration. The amount that we've allotted down here is all that we have in Chapter 19. The money from the County would come from the Records Preservation Fund, which is the fund that Linda Uecker collects for records management, and there's $3II,000 in that fund. I've checked with Tommy. We checked with Linda and we checked with Jannett, because she also cullects, but hers is earmarked for her office. The reason we're coming out of budget time is because I deal with all of the elections within the county, not just county elections. Like, Jannett deals strictly with state and county; I deal with schools, city, the whole thing. Our off-time is going to be this summer. What we 48 1 2 3 4 5 6 7 8 9 10 11 ]2 ]3 14 15 16 17 18 19 20 21 22 23 24 25 would like to do, we have got blocks established that need to be filed and no place to put the files. The -- in October, we'll be in tax season. November, I do mass mailout, and then we go into the primary season. We will not have time to do anything next year at all, so we're requesting the $17,868 out of the Funds Preservation -- the Records Management Preservation Fund so that we can go ahead and get started and try to get this under way, try to get done during our slow time. COMMISSIONER BALDWIN: Question. MS. BOLIN: Yes, sir. COMMISSIONER BALDWIN: Where does -- where does this fund come from, this Records Management Preservation Fund? How is that thing put together and maintained and filled up and -- MS. BOLIN: Good question. COMMISSIONER BALDWIN: is it fines in the courts? MR. TOMLINSON: It's a straight Lee for records preservation, yes. It's allowed by the Legislature. I think that the County Clerk and the District Clerk both collect that fee. It's -- the legislation specifically says that it's for that purpose, for records preservation. COMMISSIONER BALDWIN: If someone comes through the court system with a D.W.I., the Judge man assess 49 1 3 4 5 6 7 8 9 10 11 12 13 74 15 16 17 18 19 20 21 2L 23 24 25 this fee? JUDGE HENNEKE: It's automatically assessed, added on to any suit that's filed, That's not a criminal add-on, it's a civil add-on. COMMISSIONER BALDWIN: My point is that it's not coming out of the taxpayers' por_ket, though. DODGE HENNEKE: No. MS. PIEPER: Buster, may I address that? Any document that is filed in my office is $9. $5 of that is Records Management. COMMISSIONER BALDWIN: Great. MS. PIEPER: And that is set out by the State; that's not set out by Commissioners Court or myself or the District Clerk's office. COMMISSIONER BALDWIN: Great. COMMISSIONER WILLIAMS: Of the $9, you retain $5; is that correct? MS. PIEPER: Well, $5 of that is placed into i the Records Management line item. COMMISSIONER WILLIAMS: Okay. Okay. COMMISSIONER LETZ: I visited with Paula last week on this, and Diane. I mean, to me, this makes sense. It's a way to solve a problem they've been having for a long time of this volumes of paper, and a way to kind of, I guess, make this whole area more efficient and be able to 50 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 keep track of the records, and -- because they -- L}~ey keep track, as I understand it, of these voting cards. Once you're registered to vote here, you know, until you die, if you're a resident of the county, they keep track of all your moves and all your changes, and it's been very cumbersome. I think, you know, it's a big expense right now. And, I don't approve of things out of budget, but this is something that I think is a good idea and going to help us down the road, COMMISSIONER BALDWIN: Second. COMMISSIONER GRIFFIN: Absolutely. COMMISSIONER BALDWIN: That was a motion, wasn't it? COMMISSIONER LETZ: Yes. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Okay. Moved by Commissioner Letz, seconded by Commissioner Baldwin, that the Court amend the Capital Outlay budget for the line item for the -- Tommy? MR. TOMLINSON: surplus, you have to have a b JUDGE HENNEKE: MR. TOMLINSON: JUDGE HENCIEKE: MR. TOMLINSON: Since you are going into udget amendment. Budget emergency, you mean? Yes. Budget emergency? Yes. 51 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 2` JUDGE HENNEKE: Okay. All right, I'll work that in. Moved by Commissioner Letz, seconded by Commissioner Baldwin, that the Court declare a budget emergency, authorize amendment of the Capital Outlay list for the Tax Assessor/Collector's office to include the equipment for the imaging capture station in the Voter Registration section, and also authorize use of $17,868 from the Records Management Fund for purposes of purchasing that equipment, together with funds from the State and the funds allotted in the 2000/2001 Capital Outlay budget. COMMISSIONER LETZ: Judge, my only question, since I'm the one that made the motion, just to clarify my motion, is this -- can we declare -- does this meet the criteria for an emergency? COMMISSIONER BALDWIN: Well, if it was out of the General Fund, I would say no. COMMISSIONER WILLIAMS: Capital improvements. COMMISSIONER GRIFFIN: Out of -- JUDGE HENNEKE: This is out of a dedicated fund. COMMISSIONER GRIFFIN: Dedicated fund for this purpose. And I think it does, because of the requirement to meet the next voting cycle. COMMISSIONER LETZ: Okay. JUDGE HENNEKE: And also via the fact that 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we'll be redistricting, so there should be another huge demand on the Tax Assessor's Voter Registration section. COMMISSIONER LETZ: That's sufficient for me. I'm just glad that discussion is on the record. JUDGE HENNEKE: Unless I get a dissent from Mr. Lucas. MR. LUCAS: No, I think you're right, Judge. JUDGE HENNEKE: Does everyone understand where we're going here? Any further questions or comments"? COMMISSIONER GRIFFIN: Just one quick question, and that is, is this scanning equipment, as we're -- we would be buying it, would it be available for other purposes other than just voting records? MS. BOLIN: Yes, it would. If we decided to go to scanning in the Tax Department, these could also be used for that. COMMISSIONER GRIFFIN: I think that's a very important point, too. Seals my vote. JUDGE HENNEKE: Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. MS. BOLIN: Can I get you to sign my purchase 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 53 agreement? They were scheduled to -- all the way throug}i the middle of June, so we tried to get it pushed up so we could go ahead and get started, They went ahead and faxed this, or sent it to me last week. (Discussion off the record.) JUDGE HENNEKE: Okay. It is now 10 o'clock. We are scheduled for a public hearing on -- get a look aL my agenda here -- public hearing on revision of plat for Tract 16 of Silver Hills Subdivision, Precinct Number 2. {The regular Commissioners Court meeting was closed at 10:00 a.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G JUDGE HENNEKE: This is a public hearing. Anyone who wishes to comment may do so. We ask that you fill out a participation form, presented at the tune. Depending on how many people wish to speak, we will limit your comments to no more than three minutes per speaker. We would ask that you keep your comments relevant to the issue of the revision of plat for Tract 16. COMMISSIONER WILLIAMS: May I speak? JUDGE HENNEKE: Yes. COMMISSIONER WILLIAMS: I think it would be appropriate at this time to set this up, Judge, before we get into public comment on this. This public hearing is an outgrowth of a -- r~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 54 COMMISSIONER GRIFFIN: Commissioner, I think we need to recess our -- we didn't recess our normal session. JUDGE HENNEKE: All right. We will formally recess the Commissioners Court meeting and open a public hearing on the revision of plat for Tract 16 of Silver Hills Subdivision, and we'll ask if any of the Commissioners have any comments they'd like to make before we take testimony from the public. COMMISSIONER WILLIAMS: Thank you, Judge. Now that we're in the public hearing, this is an outgrowth of a -- of a developer's request for subdivision approval of a development, I believe, known as Paso Creek. It sits In an area adjacent to Silver Hills Subdivision, and the developer originally was -- there was an indicated need that he should find another ingress and egress to his subdivision. And, as a result of that, he went searching for some property, and apparently has come up with Tract 16 into Silver Hills Subdivision. I think it's appropriate for the Court to note that I have given you a copy of a petition which was delivered to me by Mr. Larry George of Silver Hills, and he handed me a couple more names this morning to add to this particular list of folks who are not too happy over the fact that their subdivision is going to be intruded upon by a road connecting to another subdivision. That's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 55 a]1 I'm going to say about it right now. Just seL the stage up for you. JUDGE HENNEKE: Any other comments before we entertain comments from the public? COMMISSIONER LETZ: Question. Do we have a plat available? JUDGE HENNEKE: I asked Franklin to bring one in. Franklin, did you bring a plat? MS. KNEESE: I have one. MR. JOHNSTON: I think Charles has a drawing here that's more instructive than the plat. COMMISSIONER WILLIAMS: Here's one we can share, also. Is that a new one? Same one? MR. DOMINGUES: We11, this is a plat of the original Silver Hi11s Subdivision, okay? COMMISSIONER WILLIAMS: Here's 16-B. That is proposed to be split for a road. MR. DOMINGUES: Here's kind of a diagram of it, shows where 16-B is here. JUDGE HENNEKE: Okay. The first person who has signed up to address the Court is Ms. Julie Snyder. Ms. Snyder? MS. SNYDER: Morning. I'm Julie Snyder. I live at 500 Silver Hi]ls Road, been there since December of 1986. I bought this property mainly because it's on a 1 -- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 56 cul-de-sac, it was quiet and peaceful. And that peace has been intruded upon by, first of all, the person who purchased that lot a few years back, and it has just become fence line. I'm on Lot Number 15. The proposed road travels the entire 1,100 point -- 1,107.1 feet of my fence line. 7 am greatly opposed to that. I received this news one week -- in the same week that I decided that I'm going to take a night job and sleep days. This proposed road is going to be about 220 feet from my bedroom. It's also going to increase traffic along the road, and there are a lot of children and people who walk that road for exercise, and I'm terribly opposed to more traffic and more trash and the noise. The only bright spot T could possibly see in any of this is, if this road is approved, that the either the developer or the owner of the tract receiving funds for the road access build an 8-foot privacy fence so that I don't have to see it and I don't have to hear all of the noise that's there. I'm absolutely opposed to changing the At this point, we have to leave our road, go down to Highway 173, either going to Camp Verde or Upper Turtle Creek to go to Center Point, and I know that ~f that road is right at my driveway, I'll 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 probably take it to go to Center Point 3 miles down the road, rather than taking a 10-mile trek. And I know that when the public finds out there's a shorter route, the traffic's going to increase by leaps and bounds. I'm opposed to the road. JUDGE HENNEKE: Thank you. Marie Ellis or James Blalock? MR. RAMSPERGER: Yes, sir. I'm at 555 -- JUDGE HENNEKE: I called Tor Marie Ellis or James Blalock. MR. RAMSPERBER: I'm sorry, sir. JUDGE HENNEKE: Marie Ellis or James Blalock? MR. RAMSPERGER: No. JUDGE HENNEKE: Are they here? AUDIENCE: She had to leave for other purposes. JUDGE HENNEKE: Okay. All right. MR. RAMSPERGER: My property's at 555 Silver Hills. I'm directly across from -- JUDGE HENNEKE: Identify yourself, please. MR. RAMSPERGER: My name is John Ramsperger, sir. I'm directly across from Lot 16 on Lot 7, so the road will come into my property or front my property. Like the lady that just addressed you, I find that this will be -- I think it will open up a thoroughfare to Center Point from our 1 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 58 area, and it will also possibly increase thievery in our area, because there will be a second way out. And, I would ask you gentlemen to consider that up front, that we are people out there who live in large area tracts and single homes. Most of us aren't home during the day, and places tali be -- theft can take place, and they would have another way out of the subdivision rather than going back out the one iii and one out, which would add to our chances of being put-upon by thieves at that point. So, I am -- I am opposed to tkie road. JUDGE HENNEKE: Thank you, sir. Stephanie George? MS. GEORGE: I'm Stephanie George. I live at 401 Silver Hills Road. I absolutely concur with the two folks who have already addressed you. I would just like to add some thoughts about my concern for the value of our property. The reason we chose Silver Hills Road for our permanent retirement residence was because it was on a dead-end street, and we wanted to be out in the country. I feel certain that that road will become a thoroughfare, should it open up onto River Road through that subdivision. In addition to that, Silver Hills Road is a very small, rural road. It's already coming apart at the pavement on the -- on the edge of the road just from the increased traffic that we've received already. In addition to that, there are other 59 1 -- z 3 4 5 6 7 8 9 10 11 1^ 13 14 15 16 17 18 19 20 21 2~ 23 24 25 pieces of property back behind the tract in question that will probably be developed as well, so that would add that traffic potentially to our road. And, on a personal note, we have grandchildren who really enjoy coming out to the country from Kerrville and playing on the property, and up until riuw we've really not been too concerned, but the traffic is already increasing on that road. And we're strongly opposed to having that road put through to -- as a thoroughfare. Thank you, gentlemen. JUDGE HENNEKE: Thank you. Larry George? MR. GEORGE: Just a couple of things I'd like to add. I'm Larry George, 401 Silver Hills Road. Silver Hills Road, when I checked the plat, is only a 50-fool easement. It's not even a standard 60-foot county road easement. That road is very narrow. There's a bar ditch on each side. Twice in the last three years I've had someone go down the bank and through my -- and through my fence, you know, because the road is narrow and curved -- lots of curves on it. That petition that I submitted, those last two names I gave you this morning, that is every resident property owner in Silver Hills, with one exception, is an older lady that's ill and probably wouldn't understand what that petition was all about and what was going on here. OtYrer than Mrs. Stanley, that's every resident property owner in Silver Hills signed that petition. And, I think everythirry 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 60 else has been pretty much covered, We already }lave a lot of traffic on that road, because there's a trailer park -- I don't want to use the word "bootleg," but there's a trailer park back in there that has grown and grown over the years, which has increased the traffic over the years. And, the road -- the road just can't handle any more traffic. Thank you. JUDGE HENNEKE: Than Y, you, sir. Anyone else who'd like to address the Court during this public hearing on this issue? MS. JOHNSON: I'm Jill Johnson. I live at 600 Silver Hills Road. I'm at the dead-end. And, again, that's one reason why I bought the property in '75. I didn't move up here permanently until '97, but I'm at the end, and I've enjoyed that. We worked with a fellow several years ago to pave the road. We all kind of put money on it and then it turned out that the County helped pay for it, But, again, it's very narrow, just room enough for two cars. There is an addition going in down on 173 where they already have two entrances more on our road. The property that we have talked about is -- has a lot of old mobile homes; it's pretty junky. It has thistles that are taller than I am growing all over it; it's not well-kept. We kiave complained about that, but nothing has really been done about it. I agree also that we have one way in and one way out; that if 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 we have the extra road, it will be more traffic, and as Julie said, we -- if thefts are something that do occur, they do have another way out. That was one reason we're all living there, because of the one way in. We've had some problems with people coming down at the end, especially -- I'm at the end. They've run into my gate a couple times. They had a P.P.S. chase a driver from the saloon down the road, and he didn't know it was a dead-end, and he -- it was a dead-end when he finally got there, But, other than that, we haven't had too much problem. I'm afraid that with more traffic, we would have. Thank you very much. JUDGE HENNEKE: Thank you, Ms. Johnson. Anyone else? Anyone else like to address the Court during the public hearing? MS. ELKINS: Hi. I'm on the petition. I'm Patricia E]kins, and we live at 290 Silver Hills Road. There`s just one thing that they fai]ed to mention, the other speakers. When you first come on Silver Hills Road -- and I don't know if you're familiar with it -- there's, like, a hairpin curve that you have to come up. Coming off of that, cars have actually gone off that end. If you get too much traffic, I think it's evident that there would be some real problems there. I don't know that it could be changed. I doubt it. It would be too severe of a -- a drop onto 173, but right now it's dangerous all by itself, especially when 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L1 22 23 24 25 62 there's ice. Thank you. JUDGE HENNEKE: Thank you. Anyone else? COMMISSIONER BALDWIN: Judge, I would like Charles to come up and put all this together so I can see it. COMMISSIONER LETZ: I figured it out. COMMISSIONER BALDW7N: You've got it figured out, Jon? (Discussion off the record.) JUDGE HENNEKE: Mr. Domingues, you have something to add? MR. DOMINGUES: Judge, would you want me to address the Court in the public hearing? JUDGE HENNEKE: That's entirely up to you. MR. DOMINGUES: This map is a map of the general area in question. The red outline is the subdivision that is going in, Paso Creek. And, I think one of the big concerns is the additional traffic, and that's what I would like to address, more so than anything else. First of all, this is only designed as a high water for this subdivision, really, okay? There wouldn't be any additional traffic, possibly, from the subdivision going out, because as you can see from the front of the subdivision to Highway 173, it's 1.4 miles. Okay? From the back of the subdivision to Highway 173, it's 2.4 miles. If they were to 1 -~ 2 3 4 5 6 7 8 9 10 11 12 ,.., 13 14 15 16 17 18 19 20 21 22 23 24 25 53 go through Silver Hills, it's almost 4 miles around, so the like]ihood of them going away from Kerrville and then turning -- traffic, and then turning towards Kerrville is The whole thing -- the whole idea of this, of course, is we've -- when we first brought this to you was for a high water exit. If the Court wishes, the developer said that he would make it as a private, gated road and a private road, unpaved, where nobody would use it except in emergencies. And, emergency vehicles -- if you were to have a fire out there, the fire truck come in here and try to get over to Silver Hills, it would have to go all the way around, where if there is an access to there, you know, even if it`s a private access, fire trucks and emergency vehicles can get through, if the Court wishes that. The developer has no problem in making it private -- private, gated road. But, the whole idea and the whole concept of it is not to use it, as -- you know, for the traffic of the subdivision, but as a high water -- when the creek is high and the property owners wish to get out of their property. JUDGE HENNEKE: Anything else? MS. SNYDER: I have a question. JUDGE HENNEKE: Yes, Ms. Snyder? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 64 understand from the surveyor that the road would be 120 feet from my fence line. Has the developer purchased just that roadway, or that Lot 16A as we]1? The thin, narrow strip between my fence line and the road? I'd be interested to know that, because I'm really concerned that if that road goes in, there's 120 feet, there's enough room to park mobile homes right down my fence line, and it looks like that's what the owner of that property is planning to do. There are about seven or eight mobile homes parked there, just sitting. Some really trashy looking ones, but vacant. There are more than one -- I think there's more than one home occupied at the time. I'm not sure who all lives there, but there's a lot of traffic in and out of that end of the road where that mobile home setting is, and I would be interested to know if the developer has purchased that small strip between Lot 15 and 16. MR. WORSHAM: I'll comment on that if you'd like for me to. I am the developer, or one of them. JUDGE HENNEKE: Give your name for the record. MR. WORSHAM: I'm Bob Worsham, and we purchased actually the road surface only, not the lot between the road and your property. Y'all have all commented on the amount of mobile homes parked on there. You may like to know that I am working with the owner of h5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that property, trying to get Lim to remove those and utilize those for a residential tract instead of having them look like that. MS. SNYDER: What about the junkpile of trucks that are -- MR. WORSHAM: This is what I said. I'm trying to get him to remove all ~f that and utilize the property for a residential setting instead of for parking all of this. MS. SNYDER: Would you be opposed to a privacy fence along that property lime? MR. WORSHAM: If you'd like to build a privacy fence, that's fine with me. MS. SNYDER: No, sir, I'm not creating the problem. MR. WORSHAM: I mean, I'm answering your question. All we did was try to have au emergency access out of Paso Creek Subdivision, and in the event of high water, people could get in and out. In o~heL words, we did not want somebody to be stuck in there. In the event they're having a heart attack, they need to yu to the hospital. This is the purpose for the purchase of the road and the access through Silver Hills. Thank you. COMMISSIONER LETZ: Judge, I have a couple o£ questions for Mr. Domingues and for Mr. Williams. Refresh 66 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ]8 19 20 21 22 23 29 25 my memcry. Paso Creek Road is a private road or county road? MR. DOMINGUES: It's a county road, sir. COMMISSIONER LETZ: Paso Creek? MR. DOMINGUES: Yes. COMMISSIONER WILLIAMS: Coming in off of C.P. River Road. COMMISSIONER LETZ: It will be a county road through there? MR. DOMINGUES: County road, yes, sir. COMMISSIONER LETZ: And Silver Hills Road is a county road? MR. DOMINGUES: Yes, sir. COMMISSIONER LETZ: Going back to the purpose, I mean, the high water -- was that at tkie -- and my memory tells me the Court wanted that high water route, or -- is that something that we thought of or something that the developer wanted? MR. DOMINGUES: That's something Lt~at the developer wanted, yes, 'cause he's making a high class development there of large tracts and very nice Ywmes, and it's a selling point to be able to tell somebody that they've got access to the property, even in high water. COMMISSIONER LETZ: What type of flood frequency will the crossing over Paso Creek handle on Paso E7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Z3 24 25 Creek Road? MR. DOMINGUES: That will not handle very much of a flood, that crossing, no, sir. It's a low water crossing. COMMISSIONER LETZ: I guess my point is that there's a lot of low water crossings in the county that people occasionally have the inconvenience of being behind and can't get out in high water. But, I mean, if it's a 5-year frequency, it's not a very big problem. If it's a last night's rain, it's more of a problem. MR. DOMINGUES: Last night's rain wouldn't cause that. COMMISSIONER LETZ: And I guess my final question is, are there any rules -- subdivision rules in Silver Hi11s regarding use of -- or I guess any restrictions, I guess? MR. DOMINGUES: We have not found any. MR. WORSHAM: There are no restrictions. JUDGE HENNEKE: Okay. Anything else? COMMISSIONER WILLIAMS: I have one comment. I think that it should be noted that in the earlier discussion, Commissioner, there was some -- there was some discussion about options with respect to ingress and egress over low water crossings, and one of the suggestions was that that low water crossing could be elevated to eliminate 68 1 2 3 4 5 6 7 8 9 10 11 12 73 14 15 16 17 18 19 20 21 22 23 24 25 that problem, as opposed to going out in the other direction. JUDGE HENNEKE: Okay. MR. DOMINGUES: The problem with that is you can't elevate one very high to -- you know, ici draws like that, COMMISSIONER WILLIAMS: All a matter of dollars, Mr. Domingues. MR. DOMINGUES: Yes, sir. And the County's got the same problem with the crossing they have. COMMISSIONER WILLIAMS: I didn't say the County was going to do it. MR. DOMINGUES: Well, I mean, tkie County's got a problem with the bridge that went out. JUDGE HENNEKE: Is there anyone else who'd like to address the Court during the public hearing? If not, we'll declare the public hearing closed. (The public hearing was concluded at 10:22 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE HENNEKE: At this time, let's take our mid-morning break and return at 20 minutes until 11:00. (Recess taken from 10:23 a,m. to 10:40 a.m.) JUDGE HENNEKE: It's 20 minutes to 11:00 and we'll reconvene this regular special session of Lhe Kerr b9 1 -_ 2 3 4 5 6 7 8 9 10 11 1 L 13 14 15 76 17 18 19 20 21 22 23 24 25 County Commissioners Court. Next item for discussion on the its Subdivision Rules and Regulations and/or its O.S.S.F. Regulations, a provision requiring O.S.S.F. application and installation on property within a platted subdivision prior to utilities being turned on to said property? Commissioner Williams. COMMISSIONER WILLIAMS: I put this on for discussion. I don't know where this is going to go, but we've got at least two situations in Precinct 2, and each of you may have similar situations in your precincts, where we have, in the most recent case, a platted subdivision, approved by the County. Most of the dwellings in there are double-wides moved in. It has the potential for being a nice community. The problem is that, quite often, at least on two occasions here recently, where utilities end up being turned on before septic applications are made or septics are installed or septics are inspected, and occupants then -- people then occupy the dwelling. And, in order t~ take care of the wastewater problems, they do one of two or both things: They either put a port-a-potty outside the front door or on the garage side, or -- and/or they will hook up a PVC pipe underneath the superstructure of the double-wide and they'll take that gray water, whatever happens to be in it, and just drain it off on the lot. lf, as, and when they 70 1 r-. 2 3 9 5 6 7 8 9 10 11 1L 13 14 15 16 17 78 19 20 21 22 23 24 .-. 25 get around to filing fcr a septic application -- they go ahead and do that sooner or later -- septic is installed. But, in the meantime, people are occupying tk,e dwelling without approved or inspected sewage-type facilities. The most grievous of all of the situations I have is in Hill River Estates, way over in the eastern part of the precinct, and that's just a one-in, sue-out. One's got no septic, he's gone, another one comes in. First thing you know, you got cesspools and all sort of things, and eo I asked the County Attorney a couple questions. Is it possible for us to address this particulaL issue? Seems to me this is the -- a failing in that we -- we cannot seem to get our -- our act together on this O.S.S.F. And what comes first, the chicken or the egg? And, in this particular case, we have people occupying before they kiave septic, and so is there a possibility, either through Section 5.03 of our Subdivision Rules and Regulations or Section 10, O.S.S.F. -- can we install a regulation requiring that utilities cannot be turned on until there is an approved septic on the property? I asked the County Attorney to do a little research, and we've had a couple conversations about it, and he's not hopeful that there is anything in the Government Code or any other code that enables us to do that. Which prompts me to ask, Travis -- if you'll come up, I'd ~l 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 1S 19 20 21 22 23 24 25 appreciate it. I guess, in the alternative, I'm wondering, can -- if we can't find anyone to give us express authority to do this, do you find any prohibitions in the Healtk~ and Safety Code that would disallow our having a rule or regulation in the Subdivision or O.S.S.F. that would require these things to come in an orderly sequence leading up to licensed and inspected, operational septic prior to occupancy? That's the question. MR. LUCAS: No. COMMISSIONER WILLIAMS: Do we find any prohibition? MR. LUCAS: Well, again, like the way I explained to you, counties have got to operate out of express authority, or implied authority from some sort of express authority. And, so, using that as a basis acid a starting point, still nothing. There's nothing there. COMMISSIONER LETZ: I mean, it seems to me -- I mean, you mentioned port-a-potty, and while this may not be the preferred manner, I don't see there's any prohibition against them doing that. MR. LUCAS: There's not. COMMISSIONER WILLIAMS: That's what he's telling me. You know, and it's clearly understandable that on -- on the construction sites, you see that all the time. That's accepted practice. And, if they're maintaining -- z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~z assume they're maintained. If they're not maintained, that opens up another possibility, that they're in violation of the Health Code for failure to maintain them. But, it's just -- it's the sequence of things. It's the sequence that will permit gray water to be dumped out on the ground untreated because there is no septic in place, or port-a-pottys used for extended periods of time due to the failure of the occupancy to file the application or pursue the application, or because perhaps the installers are backed up in their work and can't qet around to doing what they're contracted to do, creating an inordinate delay. It becomes a problem for neighbors who have to take a look at it, and that's the nature of the complaints we get. COMMISSIONER LETZ: I guess -- I guess my way of looking at this is, it's a subdivision homeowners' problem. If they're not going to allow port-a-pottys, they need to address that in the deed restrictions. Because, z mean, I don't see any way you can qet around that. You can do that, the way I -- I mean, that's the reason to have port-a-pottys. MR. LUCAS: And composting toilets as well, and in some situations, things like holding tanks, or in the right factual circumstance, gray water released onto the property, if it's from a washing machine, as long as it doesn't pool. 'Cause the rule says doesn't run off the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 73 property, that type of thing. But -- COMMISSIONER GRIFFIN: I don't think there's anything -- based on my substantial hours oY going through this particular issue, I don't think there's anything that the County is allowed to do, because we are not given that authority for the specific instance you're talking about, However, there is one little piece that's in 366, and leL me read it to you, 'cause I think it would be a way, at least, that our Designated Representative -- iT it were really followed, it's a way our Designated Representative is going to know that there is a new residence of some type going into a property, because I don't think this happens. And I'm quoting out of -- MR. LUCAS: 366,005. COMMISSIONER GRIFFIN: 366.UU5. MR. LUCAS: Utility hookups. COMMISSIONER GRIFFIN: Right. And it says -- and I'll try to paraphrase this, but it says electric utility shall compile a list weekly -- a weekly list for each county in the state -- in this state of the addresses located in the unincorporated area of the county at which the electric utility has made new service connections during the preceding week. I don't think -- if we get that, it goes into the ether somewhere. We never see it. And I think what really ought to happen is that we ought to make 1 2 3 9 5 5 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 74 sure our utilities do that, and that, as a matter of fact -- MR. LUCAS; Come straight to the Judge, in fact. COMMISSIONER GRIFFIN: -- a copy goes -- ought to go to the Judge, and if -- and immediately to the Designated Representative, so we know where new residences or businesses or whatever else is being established, 'cause that may be the only clue we get until some weeks later we get a complaint from a constituent that says, "1've got an eyesore," and a guy's -- somebody's using a port-a-potty or whatever in that -- in that section, which we are allowed to do. MR. LUCAS: In fact, they're commanded to do it. It says "shall." Utilities shall submit. COMMISSIONER GRIFFIN: Utilities have to do that on a weekly basis, not a monthly basis. COMMISSIONER WILLIAMS: Notify of service having been turned on? Or application for service? COMMISSIONER GRIFFIN: No. No, that the service has made a new electric service connection. What I'm saying is, it's the best deal available. At least we would know where somebody has moved onto a piece of property and established electric service. That information goes through our D.R. The D.R. takes a look at it and sees what's going on. Is there a residence? Is it a 75 1 L 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 construction site? And, that's it for now. That's fine. If it looks like somebody's set up housekeeping, then we got to go to the next step, find out what sort of O.S.S. r'. facilities are planned, applied for, forgotten, overlooked, ignored, whatever the case may be. But I thin Y. it's a tool that we are allowed to use, and it's a directive on the utilities. I'm just not sure it's happening. Do we see that report weekly? JUDGE HENNEKE: No. MS. SOVIL: We don't see it weekly. JUDGE HENNEKE: We get them less periodic than weekly. When we do get them, we do make copies of them and send them to U.G. R,. A. and KCAD. COMMISSIONER WILLIAMS: Maybe that would help. As a helpful aid, we could -- the Court could request that the Judge write a letter to the utility service companies, or County Attorney write a letter to the utility service companies and cite the section of law that requires them to do this, and urge them to get more compliant. COMMISSIONER GRIFFIN: And make it timely. It's supposed to be weekly for the preceding week, so that means by close of business this week, you already know what was done the week before. COMMISSIONER LETZ: Does it say what information is supplied? 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 76 MR. LUCAS: It just says, essentially, state the addresses located in the unincorporated area of the county at which the electric utility has been made -- has made a new electric service connection. So, just the address. COMMISSIONER LETZ: I guess my question is -- two, coming in -- or, right now, three. The addressing situation is such we may never know where these are. We don't have 911 addresses right now, so, I mean, they're not going to know where they are in most areas of the county. But, that hopefully will be solved before long. For example, I just redid the electrical route on my house, added three new meters and all that. It would have come out Route 1, Box 71. They wouldn't know where that was. COMMISSIONER GRIFFIN: I think the way the utilities have it is they -- they go through the R number for the lot -- I mean for the tract of land. MR. LUCAS: The legal description, almost. COMMISSIONER GRIFFIN: Yeah. It's like they have it either by R number, which is the tax -- taxing authority number, or it's by legal description. It's one of the two; they don't use addresses. COMMISSIONER LETZ: Okay. COMMISSIONER GRIFFIN: They don't use billing addresses. Like -- it's, like, physical address. ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ]5 16 77 18 19 ~0 21 22 23 24 25 COMMISSIONER LETZ: Either way, 1 see a -- I mean, addressing, U.G.R.A.'s got to be able to figure out where this spot is by whatever information they're given, and they -- maybe they'll know, maybe they won't. COMMISSIONER GRIFFIN: They don't -- they have to have a pole number and all that. They know exactly where it is. We could get -- we can translate that data; there's no doubt in my mind, 'cause they have to physically know where to go put in a pole and run a wire and puL in a meter and that kind of thing. COMMISSIONER LETZ: And I guess the othez question is, I don't think U.G.R.A. would have had the authority to go onto that property to see what was going un. COMMISSIONER GRIFFIN: I -- I've got that one. Let me read just a little bit further in the same paragraph. MR. LUCAS: Second to last sentence, COMMISSIONER GRIFFIN: Yes. It says the -- it says the report comes weekly to the Judge, the -- and that shall be forwarded to the authorized agent. In our case, we have a Designated Representative. We have jurisdiction over an area in which the address is included. The authorized agent -- that's us -- and our uesignated Representative acting for us, may use the list for the purpose of implementing and enforcing rules under this 1 2 3 9 5 6 7 8 9 10 11 12 ]3 19 15 16 17 18 19 20 21 22 23 24 25 78 chapter. COMMISSIONER LETZ: You can't trespass, though. COMMISSIONER GRIFFIN: Uh-huh. Got one for that, too. MR. LUCAS: Probable cause. COMMISSIONER GRIFFIN: It may take me a minute, but there is a separate law that regards that, and it's in my book. COMMISSIONER BALDWIN: Now, what would be a neat thing to do, and we've had this discussion very briefly before, this exact same one, when the Judge gets it and sends it over to U.G.R.A „ to also send to it the Appraisal District. JUDGE HENNEKE: We do. COMMISSIONER BALDWIN: You do send it over there? JUDGE HENNEKE: Yes. If somebody wants to see those, those are the latest two. COMMISSIONER BALDWIN: Can we hire somebody to come here and turn the air-conditioner down a little bit? COMMISSIONER WILLIAMS: That would be nice. COMMISSIONER BALDWIN: Yeah, it would be nice. Do an interlocal agreement, hire three or four lawyers. Sheriff, just shoot that thing. Thank you. 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~5 79 COMMISSIONER WILLIAMS: Have you send a copy over to the Designated Representative, or do they get one? JUDGE HENNEKE: We will. MR. BARRON: I had a question on that one. What would be a timely manner for them to get a septic i system installed? And if it's not installed in that ~ timeframe, what kind -- are we going to take legal action I against them, or -- JUDGE HENNEKE: We don't have any authority to involve ourselves in that. COMMISSIONER GRIFFIN: No, it's wYiether or not it's creating a nuisance or hazard to public health, and that's the only question you can ask. That's either -- 3G6 and 285 both. COMMISSIONER LETZ: `t'hat may be a way for U,G.R.A. to be a -- a positive act. COMMISSIONER GRIFFIN: Sure. COMMISSIONER LETZ: And say, you know, "Here is the information needed to apply for a septic system, since you have a new residence." COMMISSIONER GRIFFIN: 'f his specifically -- the language, when I find it, specifically relates to new service out there. (Discussion off the record.) COMMISSIONER GRIFFIN: Actually, this is eo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 titled "Right to Enter" -- I'll find it. Go on. JUDGE HENNEKE: Well, I mean, I think the bottom line to this is that we can provide information to U,G.R.A. as to hookups, and if U.G.R.A., in its normal operations, determines that there's waste or nuisance, they're polluting the environment, then they have the authority already, within the state statutes, to take action to prevent the pollution. COMMISSIONER LETZ: This list also is for information purposes. I mean, it gives a description of what it's for. That was another concern I had, whether it's a well or -- I mean, so they don't be chasing things that aren't -- and this says what the purpose of the meter is. COMMISSIONER BALDWIN: I agree. COMMISSIONER GRIFFIN: Hey, I will get this reference; I think it's in my backup file. COMMISSIONER BALDWIN: Yeah, sure. Right. COMMISSIONER GRIFFIN: But it says -- it says the right to enter private property for enforcement of this rule, or these kinds of rules. You can -- you can enter, MR. LUCAS: It's tantamount to, like, having probable cause. COMMISSIONER GRIFFIN: Right. It's -- MR. LUCAS: To do that, right. COMMISSIONER BALDWIN: Seems like the -- 1 2 3 9 5 6 7 8 9 10 11 12 ^ 13 14 15 16 17 18 19 20 21 22 23 24 .-, 25 81 well, the old landfill law, you have to be able to see it from a public road or something before you enter the property and those kinds of things. COMMISSIONER GRIFFIN: I'll get it. COMMISSIONER BALDWiN: Let me ask you this you did take your gray water and run it out onto the ground. You did not run it into your septic system, you simply rare a hose out there and let it water your yard. And, I've heard -- and the last few days, I've heard several people talking, "Oh, my god, we're all going to jail for letting our gray water out in the yard," and you've mentioned it a couple of times. What's the problem with gray water? Or, maybe, what is the definition of gray water'? COMMISSIONER WILLIAMS: I think that's better. COMMISSIONER GRIFFIN: I can tell you exactly out of your sink in the kitchen and the -- and out of the washing machine. That has since been changed. The only gray water that you can discharge on the ground now is out of a washing machine, period. Not out of a shower, not out of your sink in the kitchen, anything else. The only thing you can -- that classifies as gray water now is washing 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 machine, and you can put that on the ground and wager plants with it or -- COMMISSIONER BALDWIN: Clothes washing or dishwashing? COMMISSIONER GRIFFIN: Clothes washing. It says "laundry." COMMISSIONER LETZ: But diapers can't be in there. Doesn't it say something about diapers? JUDGE HENNEKE: We're getting a bit far afield here, gentlemen. Anything else on this agenda item, specifically? COMMISSIONER WILLIAMS: Thank you for the discussion. JUDGE HENNEKE: Thank you, Travis. MR. LUCAS: Okay. JUDGE HENNEKE: Moving on to Item Number 9, consider and discuss changing F.L.S.A. status on job description for the Information Systems Support Specialist. COMMISSIONER GRIFFIN: Right. JUDGE HENNEKE: From nonexempt to exempt. Commissioner Griffin. COMMISSIONER GRIFFIN: At the time we processed in court the job description for the compuLez -- for the Information Systems Support Specialist, I made a mistake in drafting that, I had used the format that 1 was 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 given that came out of the study. 1t happened Lo have nonexempt in there, and I didn't catch that in the format, and it should have been exempt. This is an exempt position, and this action is just to correct that. And, I would make a motion that we change the F.L.S.A. status from nonexempt to exempt. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Moved by Commissioner Griffin, seconded by Commissioner Williams, that the Court change the F. L.S.A. status on the job description for the Information Systems Support Specialist from nonexei~tpt to exempt. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. COMMISSIONER WILLIAMS: Can we inquire of the Commissioner where we are on this project? COMMISSIONER GRIFFIN: Almost there. We've got a meeting sometime today, a short meeting of the committee, and hope to have some word on that. JDDGE HENNEKE: Next item is Item Number 10, consider and discuss approving resolution proclaiming May 3rd, Year 2001, as National Day of Prayer. We did tY~is last 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 78 19 20 21 22 23 24 25 year, I believe, and it's once again requested that Commissioners Court pass a resolution declaring May 3rd as National Day of Prayer. COMMISSIONER LETZ: So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Let? seconded by Commissioner Griffin, that the Court approve a resolution proclaiming National Day of Prayer as May 3rd, Year 2001. Any further questions or comments? If riot, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Item Number 11, consider and discuss approval of payment of $171.75 for a thermabind machine from excess funds in District Clerk's Capital Outlay item. Linda Decker. MS. DECKER: Good morning. How are y'all? Is it still morning? It is. I just need to redirect some of the Capital Outlay funds for a thermabind machine that was an emergency I had to purchase, and realized later that that was not part of the Capital Outlay funds. And, it's a machine that binds together the appeals that go to the -- the transcripts that qo to the Court of Appeals, and ours broke and we couldn't get it repaired, so I bought a new 85 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 one. COMMISSIONER LETZ: And you had excess funds? I mean -- MS. DECKER: Yes. COMMISSIONER LETZ: -- it was an emergency purchase? So moved. COMMISSIONER BALDWIN: Second. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Baldwin, that the Court approve utilization by the District Clerk of $1/1.75 for the purchase of a thermabind machine -- MS. DECKER: Thank you. JUDGE HENNEKE: -- from her Capital Outlay account. Any further questions or comments"? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign, (No response.) JUDGE HENNEKE: Motion carries. COMMISSIONER LETZ: How are your new offices? MS. DECKER: Wonderful. Oh, did you see the table? JUDGE HENNEKE: Everybody go up and see Linda's table with the old pictures on it. It's really 86 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 neat. MS. UECKER: One of the old courtroom tables. It's out in the foyer; you need to go up and look at it. Okay. JUDGE HENNEKE: Thanks, Linda. MS. UECKER,: Thank you. JUDGE HENNEKE: Next item we'll take up is actually Item Number 19, which was on the amended addendum to the agenda. It is consider and discuss approval of four Certificates of Substantial Completion relating to the courthouse annex renovation and authorize the County Judge to sign same. Keith Longnecker. Do you want to come forward and walk us through these, please? MR. LONGNECKER: Okay. I'm Keith Longnecker. Thank you for having me here to go through this substantial completion. At this point, City of Kerrville has issued a Certificate of Occupancy for the permitted occupancy of those areas of the courthouse, both 3A and 3B phases, which is the annex portion and this portion over here, with the exception of those unfinished areas in the lower level. Everything else, we do have a permanent occupancy permit. So, these four items: Second floor, 3 -- east end, 3B, that has permanent occupancy and is complete. Partial first floor, lower level, 3A, partial occupancy. That is actually the existing occupancy that was there before any 87 1 -- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ]8 19 20 21 22 23 24 25 construction began on the annex porticn. Partial second floor, west end courthouse, that's the new Law Library, and that is finished. And then partial exterior annex ceilings. Again, very minor items. Some painting iteius that the contractor is working on to complete. He hopes to be finished by Wednesday, with the exception of something that we don't know about. The substantial completion, as far as the -- it is ready to be signed and issued. You all have copies of that, I believe. As far as the brick mortar, which was at the last meeting, that problem seems to be resolved. The coming off of the sand, the mortar, was a result of overcleaning with muriatic acid, which causes what's called a burning of the mortar in the industry. And, this does riot really hurt the mortar, doesn't hurt the hardness of it. It doesn't hurt the -- or cause it to do any problem. I asked Dean Mitchell of Mitchell Masonry, who's an expert in masonry work in this area, along with myself, had determined that it would not be necessary to go into extension -- extensive testing, which would cost the County some $5,900 to bring Drash Engineering out here and go through a lot of expensive testing, which I do not feel would be necessary. 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2 23 24 25 I would recommend that we don't do that. So, that problem, I feel, has been resolved. That mortar should be as good and last as long as it did or has in this -- this particular building, which was built in 1926. I think we could depend on it that long or longer. DODGE HENNEKE: Does anyone have any questions of Keith over these four Certificates of Substantial Completion? COMMISSIONER GRIFFIN: lt's your recommendation that we go ahead and -- MR. LONGNECKER: Yes. COMMISSIONER GRIFFIN: I will so move. MR. LONGNECKER: Let me clarify a few things that might help you in your decision. We are at 100 percent completion, as far as the construction work itself is considered, but we still retain 10 percent of the overall contract, which means we will -- he will -- the contracLur will submit an application for payment to bring it to 90 percent. And, then, until we have the construction manual, until the work drawings are complete, we will not release any of those -- balance of that retainage until such time as we determine that everything is final and complete, But, this is what -- just what it says; it's substantial completion. COMMISSIONER GRIFFIN: We've still got a 89 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 78 19 20 21 22 23 24 25 litt]e hammer on it. So, I'll make a motion that we approve the Certificates of Substantial Completion as submitted, and authorize the County Judge to sign same. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Moved by Commissioner Griffin, seconded by Commissioner Williams, that the Court approve the four Certificates of Substantial Completion submitted and authorize the County Judge to sign same. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response,) JUDGE HENNEKE: Motion carries. Thank you, Keith. MR. LONGNECKER: Okay. JUDGE HENNEKE: Court will now shortly g~ into Executive Session. I'll remind everyone, before we do, that we have a 2 o'clock public hearing on O.S.S.F, rules, and then we have a scheduled agenda item at 4 o'clock for the first assessment on redistricting. COMMISSIONER LETZ: Judge, on item 2.18, consider and discuss role of Citizens Advisory Committee, d~ you want to do that when that committee is here, or just prior -- 90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: Yes, we'll do that Lhe~i. So, the Court will now move into Executive Session, and those who are not required are so excused. (The open session was closed at 11:08 a.m., and an Executive Session was held, the transcript of which is contained iri a separate document.) JUDGE HENNEKE: The Court, having concluded its Executive Session, is returned to open session. There being no business required as a result of Executive Session, Commissioners Court will stand in recess until 2 o'clock p.m. this afternoon. (Recess taken from 11:15 a.m. until 2 p.m,) JUDGE HENNEKE: It is 2 o'clock p.m. on the afternoon of Monday, April 23rd. We will reconvene this special regular session of the Kerr County Commissioners Court. First item fcr business in this session is to conduct a public hearing on proposed amendment to Kerr County O.S.S.F. order regarding property transfer inspections and procedures. (The regular Commissioners Court meeting was closed at 2:01 p.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G JUDGE HENNEKE: A copy of the order, as accepted by the Court, has been on file with the County 91 1 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 ]6 17 18 19 20 21 22 23 24 25 Clerk's office and was available there for inspection by the public. We've had a couple people sign up to address us. Let's start with Bill Stacy. Mr. Stacy? I'd like -- before Mr. Stacy starts, I want to emphasize that this is a posted item for discussion on the amendment only. 2'he amendment only relates to transfer -- inspection upon transfer. Other topics are not on the agenda for today's discussion. So, Judge Stacy? MR. STACY: Thank you, Judge. 1 would like to make a remark in -- if the Court approves the use of these aerobic systems, that the Court put on there as an addendum that there be a bond posted, because it's my understanding that the problem with the aerobic systems is, over a period of time, the homeowner that has bought the system has let it slide, the service of it, and then the -- the installer that put it in is gone, and they're -- you have a failing aerobic system. So I think that, obviously, you don't need it if you have the old conventional system that -- that I espcuse, but on the aerobic systems, you've got to have some way that that machinery is serviced after the installation of it and down through the years, or else you're going to have another failing system and an unhappy camper. I just want to throw that out there for you. JUDGE HENNEKE: Okay, thank you. Charles WLedenfeld? yz 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 LO 21 22 23 24 z5 MR. WIEDENFELD: Good afternoon. Charles follow the lead of Mr. Stacy. But, anyways, in addressing the issue that's before the Court today, my conuneut is on -- that, you know, more stringent standards, as well as -- I feel are equally important, as well as several uther standards that are, I feel, equally important to the protection of the health of Kerr County citizens. I would like -- that's what I would like to present today. And, anyways, first of all, I support the proposed rule of inspecting O.S.S. F. 's at the time of property sale. This has been and will continue to prove a valuable function of the Kerr County government. Even in our modern living, there's been many serious health violations, and I suspect that they will continue to be present and will continue to develop, especially with the low income residents that we have in the county. However, as proposed, the provisions that are in there, I do recommend removing all procedural and administrative aspects of this standard, leaving just the requirement fox inspection and licensing of an O.S.S.F. at the time of ownership to the property. Everything other than that is - 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 makes it very arbitrary and ambiguous to the Designated Representative, who is out there trying to inspect a septic system. As I have mentioned before, there's only one solution that should take place, and is -- should be understood, and is understood by most people -- sellers of property, is that at the time of sale, if this system t,as not been licensed previously by Kerr County, that it will be a licensed septic system. No ifs, ands, or buts. Nu looking under this, checking for this, no making a judgment call here, making a judgment call there. Those are very -- like I said, very arbitrary. Each -- each inspection is unique in itself. No two systems are alike, and it just makes it very difficult for the D.R., and eventually to the County Commissioners, in that y'all catch the flak for having rules that are very ambiguous. Again, I think a very simple structure, kind of like the old rules were: At tkie time of sale a septic system will be inspected, and if, upon the inspection, finds that there's an unlicensed system, that it must be licensed. Okay. The second comment I have, and this is in relation to what y'all have proposed today, is that I still believe that all septic systems on all properties should be licensed, regardless of the property size. We have -- 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 77 18 19 20 21 22 23 24 25 JUDGE HENNEKE: That's -- that does nit appear to pertain to inspections on transfers, so let's -- MR. WIEDENFELD: Doesn't appear to, but it is my understanding, with y'a p 's proposed rule you have today, is that that rule is and does pertain to all septic: systems within Kerr County. And, my point being -- is that if we're going to have to go back two years later, when a piece of property sells, after somebody has put in a septic system and now make a judgment call as to if this system can be licensed or not, we cannot do that. It has to be licensed at the time of installation and inspected at the time of installation, and that is the only time we can license the -- the system. Chapter 366 is very explicit iii saying that we must be able to see the components of that septic system and we cannot license anything that has not been seen. And that's every component, every portion of that septic system. And thus, I -- again, I'm urging t}ie Court to consider that all septic systems be licensed. JUDGE HENNEKE: I'm going to say it one more time. We're here to talk about inspections on transfers, and I'm not going to permit us to stray very far from Lhat topic, because, one, it's posted that way, and secondly, that's the desire of this Court. MR. WIEDENFELD: I felt like it was related, in that you will be addressing that issue in the -- in this 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 provision. And, again, my other comment was y~ing to do with aerobic septic systems, which, again, they are part of a property transfer, but -- and my comment was -- to y'all was that we're just -- we should be taking a very -- closer look at having more stringent standards when it comes to aerobic septic systems in Kerr County, because we have a -- a very large amount of nutrient loading that's going to our streams. And, we -- we did not allow that to happen with the City of Kerrville wastewater plant. They have chosen to have nutrient removal and a very low organic loading to streams, and we have somehow allowed the State to let us believe that aerobic units are treating wastewater to something that we find susceptible -- acceptable in Kerr County. Thank you. JDDGE HENNEKE: Thank you. Mr. Brown, Jim Brown. COMMISSIONER GRIFFIN: Judge, I creed to step out to get a document. MR. BROWN: Commissioners, my name -- for the record, my name is Jim Brown, General Manager of the Upper Guadalupe River Authority, and I'm here today not only to speak on behalf of the -- of the item on the agenda, but would like to take this opportunity to say, for Lhose who have not been a part of this process, that -- that this discussion today is -- is a result of Kerr County 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 L 23 24 25 Commissioners and U.G.R.A. working together. Without the -- without the real estate inspection, the problem that U,G.R.A. was facing is the -- the addressing the con -- the contractual relationships that we have with another division of T.N.R.C.C. under the Clean Rivers Act. And, I think -- I think if I don't say this, I know that the Court will not pump its own drum, but I wanted to extend to the Court our appreciation for all the hard work and the numerous hours and many meetings that the committee from this Court and the committee from U. G.R.A. conducted and held in order to get us where we are today. Thank you. JUDGE HENNEKE: Thank you. Is there anyone else who'd like to address the Court on the issue oY septic system inspections at time of transfer of real estate? Anyone else? Seeing no one else, we'll -- COMMISSIONER GRIFFIN: I have a letter from Mr. Lane Wolters, who could not be here today, that he asked be made part of the record. It's some input that he had, JUDGE HENNEKE: Without any objection, we'll make the letter from Mr. Wolters a part of the record today. Anything else? If not, this concludes the public hearing. (The public hearing was concluded at 2:10 p.m., and the regular Commissioners Court meeting was reopened.) JUDGE HENNEKE: We will now reconvene the 9~ 1 .._ 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 regular special session of the Commissioners Court and take COMMISSIONER GRIFFIN: All right. For everyone assembled, let's -- I would like to quickly review the bidding on how we got to where we are and how we will proceed. As we have discussed amongst the committees that Mr. Brown mentioned, we talked about the flow of authority and -- and responsibility for water quality and making sure that we don't have septic systems that create public nuisance or hazards to health, in that they're properly distanced from wells and property lines and so on. And, that -- that flow goes from Chapter 366, Health and Safety Code, to Chapter 285 of the Administrative Code of Section -- of Chapter 30 of the Administrative Code, and then that flows to our rule, which is a further implementation of how we take care of 285 and 366. Now, the one thing that we've talked about, with what Mr. Wiedenfeld was talking about, is that we will try to keep this amendment regarding property transfers as short and sweet as we can to implement what 285 tells us we have to do, and what T.N.R.C.C. will buy off on and approve, 1 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~5 98 and keep it as brief as possible. And then, what -- and we rule, then, needs to be a detailed procedures document that will be -- that will be prepared primarily by our Designated Representative, but approved by this Court, that says, yes, indeed, these procedures and processes will implement what we and the State have said we want to do. And, there can be any level of detail, document. There can be whatever level of detail we want in that document, and we can change it any time we want to if we see a better procedure or process that we ran follow, so that this is not the final word, is what I'm saying. If there are pieces that we need to address in our procedures document on how we implement this rule, we can discuss that, or we can include that in excruciating detail, if that's what we want to do. And, in some cases we should, because that's what -- and we want to have something that we caii hand to John Q. Public that says, "Here is the process that you are entering into and here's how it's going to be handled." And so that two inspectors, for example, would come out with the same result if they did independent inspections. That document ought to be done in enough detail that, if two separate inspectors went out 1 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 2L 23 24 25 99 independently, did a site survey, a site inspection, they requirements are to put an O.S.S.F. there, whether it's a Over the last couple of weeks, I have gone through our proposed rule, as we posted for this hearing, and I have done some tweaking to that -- proposed tweaking to it based on input from T.N.R.C.C., to make sure that we implemented what they saw the requirements of 366 and 285 being, and understanding -- and they very well understand what we are trying to do, as tar as getting inspections at the time of real estate transfer. What I would like to do, Judge, today, is I would like to ofTer, in the form of a substitute, an amendment which is actually -- I actually reaccomplished the whole order, the whole proposed order, so that we would have it in one single document. 7 would propose that -- that we accept this substitute, that we not act on it today; we'll wait until our next session, put this back on for a vote on whether or not we want to adopt this. That will give everybody on -- both on the Court and in the public, plenty of time to look at it. We do not have to have another public hearing, but we will have a chance for everybody to get a look at the document as substituted, and we can delay a vote until next go-around. DODGE HENNEKE: Why don't you just take a 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 100 couple of minutes, Commissioner, and just run through the general nature of the changes that will be reflected in the COMMISSIONER GRIFFIN: In what T.N.R.C.C. had -- and, actually, I qot some of this from -- from our Designated Representative, as well. There were some licenses issued back in the '80's, the mid- to late '80's, after the very first T.N.R.C.C. rule came out, and some of those licenses are sort of squishy as to what were the standards that they were licensed to. So that even those that were pre-1992 -- we've got pretty good confidence in the licenses that were issued after Kerr County had its initial rule in October of '92. What this -- so, one minor change -- it's a minor change -- is that at least there is a detailed administrative review of systems licensed prior to October of '92. That's pretty simple. It didn't require much of a change to the document, but that it was significant as far as both T.N.R.C.C. and our Designated Representative were concerned. The other changes were primarily not really changes to what we posted for the public hearing, but as some clarification, it probably added a total of 2 inches of verbiage to that -- to the posted document. But, what this does is lays out exactly what happens more precisely for guidance purposes, 'cause we'll put the detail in that 101 1 3 4 5 6 7 8 9 10 11 12 _ 13 14 15 16 17 18 19 20 21 22 23 24 25 follow-on document that I mentioned a while ago. But, what previously unlicensed system, a system licensed prior to '92, and a system that was licensed after '92, and this just gives a little more guidance. That made T.N.R.C.C. feel comfortable that we weren't going to license a system that was previously unlicensed, unless we did everything that was necessary to bring it up to current standards. But you don't have to do that, according to T.N.R.C.C. -- and I know Charlie Wiedenfeld and I have a little difference on this. I have been convinced by T.N.R.C.C. that there is a way not to have to go and license unlicensed systems, but we can get into that later. But, this incorporates what T.N.R.C.C. says, clarifies for them and their legal department that we are going -- we are not doing anything in here that's outside the bounds of 285, and that's really the nature of it. It doesn't really change the essence of what's in the posted document. This is better language, I hope. And, I've talked to them as early as this morning, and they have reviewed it, and they said -- or as late as this morning. They said that T.N.R.C.C. had reviewed it; they thought we were there. They said that they would now give it to their legal department while we're doing this two-week review. Internally, they will also run it by their legal people and see if there's anything that 102 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 they can catch that we may want to know about, and if so, they would advise us. So, that's where we are. COMMISSIONER WILLIAMS: Question. Commissioner, you made reference in your opening comments to the need for an addition to the transfer language, the need for a separate procedures document. COMMISSIONER GRIFFIN: Mm-hmm. COMMISSIONER WILLIAMS: In your mind, that addresses the concerns of Mr. Wolters' letter? COMMISSIONER GRIFFIN: I think it does. I think it does. Actually, we had mentioned that very briefly before in the previous hearings, and some time ago, about how that would be approached, and I don't think Mr. Wolters was here for that. But, this is not the be-all, end-all. This is not a -- this is not what an inspector or apprentice or anyone else would have in-hand that would actually go out to do an inspection. This is not the document he would have. We want to give him more guidance than that. And, I really think -- and I'll jump ahead here just a little bit. I think the way that document should be produced is that our D.R., our Designated Representative, should be in charge of putting that document together; however, I think he should work very closely with the Court. I certainly will be glad to help and do whatever we can, but I think it should be under the primary -- actually formatting, putting it 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 together, should be the Designated Representative's responsibility. And then, at some point, when we're satisfied that the document says what it ought to say, this Court would approve it and make it effective. COMMISSIONER BALDWIN: Commissioner, do you think that this inspection standards and procedures document that you're talking about, can that be done and brought back so that we can adopt this whole thing at one time? COMMISSIONER GRIFFIN: That may be ambitious, but this gives us enough to get started. We can conduct -- and we may start out with an outline, and this is the thought -- I have not even discussed this with our Designated Representative yet, but I think we can quickly get to the meat of what an inspection has to be. We can go ahead and start making inspections as soon as T.N.R.C.C. approves our rule, 'cause we would have to get that done first. That may take another week or two after we approve it. So, I think by -- certainly, by the time that T.N.R.C.C. approves our new rule, we would have enough time to be able to at least get the first cut of that document done, where it would be a working document, and this Court could approve it. COMMISSIONER BALDWIN: Would these standards become a part of Section 10? COMMISSIONER GRIFFIN: No. 109 1 3 4 5 6 7 8 9 10 11 12 13 ]4 15 16 17 18 19 20 21 22 23 ~4 25 COMMISSIONER BALDWIN: So, it's -- COMMISSIONER GRIFFIN: That's the beauty of it. And T.N.R.C.C, went along with this, so that we don't have to go back and change this rule. Every time we want to tweak an inspection procedure, we can do that in our document and we don't have to go back to T.N.R.C.C., as long as we don't go outside the bounds of the rule that they approve. COMMISSIONER BALDWIN: Well, it just seems to me that if -- to me, as a representative of the public, if I vote to adopt a Section 10, I would also want to adopt the procedures at the same time so that they'll know -- or so I'll know what, really, I'm adopting. COMMISSIONER GRIFFIN: Uh-huh. COMMISSIONER BALDWIN: That's just my point of view. COMMISSIONER GRIFFIN: Right. But this is saying -- this, in essence, is saying to go adopt that other document. It's saying go do that. There's nothing in here that would -- that would change if you changed what we put in that procedures document, We can change that and we don't change this at all. COMMISSIONER BALDWIN: I understand. COMMISSIONER GRIFFIN: That's how it's designed, or at least I hope it works out that way. 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: I think the -- what I'm hearing Commissioner Baldwin say, and I think I share the opinion -- I mean, I'm reluctant to -- even though we're not going to vote on this today, but voting on it the next time, until we have -- I hate to put U.G.R.A. in a situation where we have a new approved order and don't have a procedures, 'cause they're going to be in between orders again, which we had last time. COMMISSIONER GRIFFIN: Right. Also -- and, oh, I should mention that T.N.R.C.C. did buy the suggestion that I think we had discussed here in court, that we can make that -- this new rule effective on a certain date by asking them to not sign it until that date. The law specifically says when it's signed, it's effective. But they will be quite happy, if we want to delay that to a time certain, once they've gone through the approval process, they will delay the signing until the date we tell them we want it signed. COMMISSIONER LETZ: What's the time period for them once we submit it to them? A week to 10 days? COMMISSIONER GRIFFIN: I suspect this one will go through a little quicker than the last one did, because I've done a lot more coordination on this one than the last one. So, they've already got the -- the amendment -- the substitute. They've already got that, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 106 they've said they can't really find anything wrong. They're a little bit worried about one word, and I said, "Give me another word," you know, "we'll put it in." But, anyway, the -- I suspect it would be a couple -- a week or two. COMMISSIONER LETZ: Couple weeks? COMMISSIONER GRIFFIN: They have to run it through their legal department, they have to run it tYirvugh a staffing procedure, and then it goes to the Executive Director for his signature. COMMISSIONER LETZ: I think, conceptually, I would rather hold off till we had the procedures as well, just from the standpoint I think it is easier -- I would hate to have this come back approved before we have procedures. COMMISSIONER GRIFFIN: Yeah COMMISSIONER LETZ: I think that would be a bad situation, 'cause then we're going to have a -- kind oL, "What are we going under now?" Sure as anything, we'll have 20 applications that day, and then we're going to be -- you know. COMMISSIONER GRIFFIN: I think by the time we would be ready to tell T.N.R.C.C. to approve this rule, we should have that document. JUDGE HENNEKE: Let me make a suggestion. When we bring it back next meeting or whenever, we could 1G7 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 request that our Designated Representative give us a timeframe within which he would expect to have the procedures manual ready for us to act on. Then we can perhaps coordinate the approval date by T.N.R.C.C. with that procedures manual timeframe. At least we'd have air idea then, when we came to vote on ~t, where -- how the time -- COMMISSIONER GRIr'P'IN: And, by the way, this procedures document, as I see it -- and correct me if I'm wrong out there, D.R., but -- but this is not a -- tkiis is not this kind of document, it's this kind of document. It spells out what the separate categories are and whaC you look for in the case of an unlicensed system, a licensed system, and so on. It's not -- this is not a long-winded document. COMMISSIONER WILLIAMS: Not a textf~ook. COMMISSIONER GRIFFIN: Not a textbook. It is a procedures outline -- COMMISSIONER WILLIAMS: Has work begun on that yet? COMMISSIONER GRIFFIN: -- one, two, three, four. COMMISSIONER WILLIAMS: Has work begun on it? COMMISSIONER GRIFFIN: Right there it has, but far as I know, we haven't put it in -- COMMISSIONER BALDWIN: Judge, why can'L you 108 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ask him that question right now? How long is it going to take him to put the document together? Do you want me to ask him? JUDGE HENNEKE: Why don't you ask him, Commissioner? MR. BROWN: If I may address the Court again -- Jim Brown, General Manager of U.G.R.A. -- Commissioner Griffin and I have had some conversations. Commissioner Letz was a part of that conversation about this particular document. To my knowledge, I've not discussed it with the Designated Representative. And, also, understand that -- that we'll be changing Designated Representatives within the next 15 to 20 days, as Mr. Wiedenfeld retires, If we could have an outline, just a rough outline so we can start pulling information together, we can expedite that, COMMISSIONER BALDWIN: Okay. MR. BROWN: I would like to see us move as fast as we can, because there's some things happening out in the county with the old O.S.S.F. systems today that we're going to have some problems with down in the future. They're -- most of our installers play the game by the rules, but we've got some folks who are not doing it, and they're taking advantage of this hiatus that we're in at this time. So, we'll do what we can do expedite it. COMMISSIONER GRIFFIN: Let me also say that I 109 1 2 3 4 5 6 7 8 9 70 71 12 73 14 15 16 17 18 19 20 L1 22 23 24 25 -- I can take on as an action item -- as an action item to get with our Designated Representative and others in O.G.R.A., and I think we can come up with something, certainly by the time that this is going to come up for adoption, which would be at least one court session from now. I think we can come up with something that you'll feel comfortable with, as far as the procedures and processes, that could be approved at the same time. COMMISSIONER LETZ: That solves it. Tlzat basically solves it. The other comment I have is that -- you know, and I support the concept of the plan as outlined here. The only concern I have is under -- and it may have changed in the new draft, but under -- in Section 10(S)b, it's "Evaluate the O.S.S.F. for signs of failure which preclude the system from meeting the purposes stated iri Section 285. COMMISSIONER GRIFFIN: Translate that? What that translates to, if you read 285.1, is that it says there's no public health hazard being created, there is no nuisance condition being created, and that the setbacks and separations are al] in accordance with Table 10, which means that you've got -- you don't have wells within certain distances, you're not within certain distances of property lines and those kinds of things. That's all -- that's really all that means. 110 1 .~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 25 COMMISSIONER LETZ: Right. COMMISSIONER GRIFFIN: And the reason that is think from a technical point of view, from a reasonableness point of view, from a fairness point of view, how far do you need to test? How far do you need to inspect? How invasive do you have to be? We can determine that then. COMMISSIONER LETZ: It's just when we get to the procedures, that is the one word in this whole document that concerns me, because "failure" -- it is not defined, and we need to make sure that whatever the procedures document says, it's not something that can be arbitrary or as little -- I guess as least subjective as possible. COMMISSIONER GRIFFIN: Right. And, by the way, T.N.R.C.C. says they would be glad to help us word that document where they felt comfortable with it, which I think -- and we ought to take them up on that to keep them in the process as we develop a document. Because, like I said, they'd be willing to help. They know what we're trying to do, and if they've got any technical ability to help us or whatever, they would be glad to pitch in, and I think we should take them up on it. COMMISSIONER WILLIAMS: Larry, in your new draft with that Subsection B that Commissioner Letz made 111 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 ~l 22 23 24 25 reference to, (S)b, will there be a reference in that to the inspection procedures document? COMMISSIONER GRIFFIN: No. COMMISSIONER WILLIAMS: That seems to be an ideal place to have one. COMMISSIONER GRIFFIN: No, T.N.R.C.C. didn't -- they said you can't, in the rule, refer to a document that's downstream. COMMISSIONER WILLIAMS: Okay. COMMISSIONER GRIFFIN: 'Cause I said I wanted to make a one-sentence amendment to 10 -- for Section 10 that would just say, Inspections will occur on real estate transfer in accordance with Kerr County -- blab, blab, blab; refer to the document. That would have been it. Then we put everything in our document. They wouldn't buy that. They said you can't -- we can't -- that rule can't refer to a downstream document. It can refer to an upstream document, but -- well, there's a saying we have in the military about certain things flowing, and you just can't flow uphill. I mean, you can flow downhill, but can't flow uphill. DODGE HENNEKE: Any other questions or comments? COMMISSIONER BALDWIN: My only comment is to Commissioner Letz. I just think one of the keys to this 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 112 whole thing is the definition of "failure." You know, whether you -- whether you put it under the definition section or however you do it, or if you do it in the inspection standards and procedures, you know, whether you -- regardless how you do it, I think that is one of the keys, is that everyone understand what failure is. So that when -- what's your name again? MR. BROWN: Jim Brown. COMMISSIONER BALDWIN: No. Okay, Jim. Back there in the back. MR. BARRON: Stuart. COMMISSIONER BALDWIN: Stuart goes out and inspects -- I'm sorry -- goes out and inspects the thing, and then Stuart, in three years, is gone from here and the next guy comes along and understands clearly what the word failure means. So that if -- COMMISSIONER GRIFFIN: If I may, there's -- I've asked that question of T.N.R.C.C. And, unfortunately, for right now, we have to define failure in terms of what we can glean out of 365 and 285. However, there is light at the end of the tunnel, in that the new 285 which is in the works now will have specific definitions of failure. And I said, "Bring it on." 'Cause that's what we need. And, you're exactly right; in the short term, we're going to have to pull language out of 366 and 285 that we can make work, 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 113 and that -- that's not easy, but I think we can do it. It will get easier a little bit later on. COMMISSIONER BALDWIN: I just think that's the key to the whole thing. COMMISSIONER GRIFFIN: And I don't know when the new 285 is going to be out, but it -- I guess they're through with all the review processes, are they not, Jim? MR. BROWN: I think -- I think the comment period is past. I'm not sure where they are in the internal tweaking of those comments. COMMISSIONER GRIFFIN: But I would hope it's straightening out some other things that are bad, because, for example, there is no limit on the life of a permit, except in situations that don't apply to Kerr County. So, right now, we technically don't have a limit on how long a permit's good for. And, I think their new language is going to say either one year -- they were also looking at some options that the counties can say one year, or come in and if -- or if you want to extend beyond a year, that can be done, but you have to contact us so we can reinspect the site to make sure a well hasn't been drilled or something right where the drainfield's going. So, anyway, that will be in the new -- the new one's going to be better, I think. COMMISSIONER BALDWIN: Let me ask this question now. The new 285, is that something that Train 119 1 _. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2L 23 24 25 Wreck is doing internally, or is that -- is the Legislature dealing with the new one? almost completely gutted by the House Natural Resources Committee. I understand there's up to some 27 amendments to their Sunset bill. So, they've got some internal problems, and I wanted to lay that out, because when we -- when we start looking at the new 285, we may run into some problems as far as the timely delivery of that. COMMISSIONER GRIFFIN: And the -- that goes a little further with the answer to your question. Yes, it's an internally-generated document, but they've had multiple comment opportunities from statewide, other agencies, counties, people. U.G.R.A. made comments to it. Then they had a public hearing, I guess, where they did the same -- went through some of that same kind of thing, but it's a -- it's a well-engineered document, in that everybody's had a shot at it, just about. COMMISSIONER BALDWIN: That's one of those agencies, I guess, that has their own rule-making authority. COMMISSIONER GRIFFIN: No, 366 gives them specific authority to write 285. It doesn't refer to it by number; it says the Commission will write a rule that will implement what we, the Legislature, say we want you to do in 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 115 366. So, that is a specific -- COMMISSIONER LETZ: Larry, one other word that strikes me as strange is in Section 10, Number (6) As a result of the inspection outlined in (5) above -- or, "If, as a result of inspection outlined in (5) above, discrepancies are discovered..." Can we find a better word than "discrepancies"? Maybe T.N.R.C.C. already did find a better word than discrepancies. That's another one of those. What's that mean? COMMISSIONER GRIFFIN: Well, "anomalies," you could use. Or, actually, all that -- COMMISSIONER LETZ: That's worse. COMMISSIONER BALDWIN: That word probably is worse. But, the point is -- is that there are discrepancies between what 285 says you've got to do and what the inspector finds; that's what you're noting. If -- if there is something that's noncompliant, it is -- that is a discrepancy with -- COMMISSIONER WILLIAMS: Why not say "noncompliant"? COMMISSIONER LETZ: I think noncompliant is better than discrepancy. If any component is found to be noncompliant. COMMISSIONER GRIFFIN: By the way, I'm sure we can -- there may be other word changes like that, that 116 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we'll want to consider before we adopt it, but I would -- I don't want to -- am I ready for a motion? JUDGE HENNEKE: Anyone else who has any questions or comments at this time? If not, I believe we're ready to entertain a motion to substitute the new version of the O.S.S.F. order for the one that has been on file. COMMISSIONER GRIFFIN: That's my motion. COMMISSIONER LETZ: We're not approving it, were just substituting? JUDGE HENNEKE: Just substitutinq, as accepted. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Moved by Commissioner Griffin, seconded by Commissioner Letz, that the Court substitute the new version of the proposed O.S.S.F. order, as accepted for public purposes. Any questions or comments? Does everyone understand where we are? Have you clearly marked on the new one, "substitute"? COMMISSIONER GRIFFIN: We can do that. It's also got a different date on it, and draft date. JUDGE HENNEKE: If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) 117 1 7 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: Motion Carries. COMMISSIONER BALDWIN: Will that document lay in the Clerk's office? COMMISSIONER GRIFFIN: Yes. COMMISSIONER BALDWIN: Okay. COMMISSIONER WILLIAMS: Put copies in our boxes? COMMISSIONER GRIFFIN: Yes, I'll get some copies made. In fact, will you make about, maybe -- MS. SOVIL: Aren't you going to do some changing on some of the language? COMMISSIONER GRIFFIN: Not now. MS. SOVIL: Oh, I thought substitute -- this is substituted. Then, if we have to -- COMMISSIONER GRlr'FIN: We'll look at all those kinds of amendments. There may be some minor wording changes before we adopt it. This is just the substitute for what was there. COMMISSIONER LETZ: This is a new draft. MS. SOVIL: Sure. JUDGE HENNEKE: Okay. IY there's nothing else on these agenda items, we will stand in recess until 4 o'clock, at which time we'll take up the various agenda items on redistricting. Thank you all. (Recess taken from "x:40 p.m. until 4 p.m.) 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 STATE OF TEXAS COUNTY OF KERR The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 27th day of April, 2001. JANNETT PIE PER, Kerr County Clerk BY : _2~a~~~---- Kathy Ba ik, Deputy County Clerk Certified Shorthand Reporter ORDER NO 2E977 APPROVE AND ACCEPT MONTHLY REPDRTS On this the c3r•d day of April 2@@i, upon motion made by Commissioner Letz, seconded by Commissioner Griffin, the Co~_rr•t unanimously approved by a vote of 4-@-@, to accept the following monthly r•epor-ts and direct that they be filed with the County Clerk for future audit: District Clerk- Linda Uecker Monthly Report- March 2@@i Sheriff's Department- W. R. Hier•holzer Monthly Repor^t- March 2@@1 Civil Report JP1- Vance R. Elliott Monthly Report Fines, Judgements, Jury Fees collected for March, 20@1 JP2- Dawn Wright Monthly Report Fines, Judgements, Jury Fees collected for March, 2@@1 ORDER NO 26977 CONT. JP3- Robert L. Tench Monthly Report Fines, Judgements, Jury Fees collected for March, 2@@1 JR4- William E. Ragsdale Monthly Report Fines, Judgements, Jury Fees collected for March, c^@@1 County Clerk- Jannett Pieper- Monthly Report General Fund for March, 2@01 County Clerk- Jannett Rieper Monthly Report Trust Fund for March, 20@1 Sheriff's Department- W. R. Hierholzer Monthly Report October, 2@@@ and November 2@@@ County Clerk- Jannett Rieper Semi-Annual report Fines, Jury Fees ^ Period Ending March 29, 2@@1 ORDER 26977 CONT. MONTHLY REPORTS CONT. County clerk- .Jannett Pieper Quarterly report Fines, ,7ur-y Fees Period Ending March 30, ^c0s1 ORDER NO 26978 FIFTH LEASE ADDENDUM/ BETWEEN KX AVIATION & CITY-COUNTY OF KERB Upon this the 23rd day of April 2Q~01, upon motion made by Commissioner Griffin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, the Assignment and Assumption of lease agreement between KX Aviation as lessee and City of Kerrville and County of Kerr• as lessor^. Same r•ecor•ds have been reviewed by the County Attorney's office and they have no objections. ORDER NO 26979 ENTITLENENT GRANT/ T-HANGER RRVING On this the 23rd day of Rpr•il 2001, upon motion made by Commissioner Williams, seconded by Commissioner Griffin, the court unanimously approved by a vote of 4-0-0, the joint City/County resolution in support of the entitlement grant for T-hanger- paving and authorit Kcrrr ('or.rrrby arui k;he various Conrmi.ssioner"s p•rer_incts, which =_>ai.d cla:i.m arfr as Pa7.lows>:: iH-GenErr4(ii?..(i'3; c4-~'T'ra~FF:i.a ~ia•Fc~ty F'urul 'For ~L'~J.j..Jij 7F.Y-F'ermaru~nt L'mlaroventt~rrt; F'urul 'FE:'ca for ~2E57.3`Sq fl].-Di.strr:ir_i: Admin:is,L•rat:ion F"r.nua for !6:319.i~Fiit; bl::i--,Later Funded--i2lGth Dist. Att:ornr=y Foe fr:rr 9>4C1.(!7L'ig 8(',--'es'tate f~'ur•rded °L3 ].fth Dis>t. F~'rah,. I~'c±c+ for 'BC:,r'.?7.7.1; C'T['l'T'Ai._ f='f_f:::3 AI'I[]1.1N'T' <61.5,,H44.'3t3) C)I:DER NC7 2Ei9L•13 BUDGET AI'1EI~IAMEI~11'--I)I:ST'I~IC:'T' C:I_.f:fl: On tl'ii.<, t:hc r'.?3'rd day C1~' ~~IYr•:LI. LC~JI!IL, upon motion made? by L'.f:1n1n1:L 3'.3 :1. f:111f'_''r Iia1Ci W:L II, SeC:OnCI ef.I i1y Comm:i. ess.ic>nr-rr Wi. 7.l a.am'.i, the Court unanimously approved ny a vote of 4-0-0, to tr<•:u'is'fEa'r• 43':jC:1,.CIC~ I'=rc:nn I_.:Lnb: 7.'I;fi!m~~~.(']°°~i;°,ilil--7.Fltl patrr:i.nti.=;m Sal.ar:ie~>, 'l:n L.:i.nr;~ :Ia:em t#].H-~4SH--4EiC~1 E::v:i.denac~ Si;o'r•age Ficnt 'fo'r the D:i.strit^t ClErrk.., C7RDIR NCI 26`~(lk --- LiUDGE.T' AMI~NIDMI=NT'/ D'I5'rf2IC:T C:C1UR7 r ].6T'H ti 1'3nTN On tl'ii.e. 'bhe i?3rd day o~f Rpr•il i•?00E)i.y upon motion mad~•_+ by C:omm:i~;<~iorre•r Lctz~ <.:>econderi by Conuni=.><.ai.oner• Cirii'ii.n, the C:o~.rrtunanimously approved by a vote of 4•-0-0, to t•ransfe•r '.Y>c'., (3H7., (~':3 I'`rom L_inc: i. h:c~m Fi1F1--k:3G--~i1.7 fipc~cia.l 7ri.al. Ivry C:onuniss:ir~nc~rr Letz, <.at~ct:mcls_~d Ivry Conrmissitn•re•r Ci'rif'Pi.n, the Cot.tr•t unanimously voted by a vote of 4-0-0, to Iran<.:;fer ~7.H[~.C~t~ 1=rom 1._irrE= item##11--k~3f,--~i`3r•? Tt.trorsy t:o L_7.11E`_' :i.tem##] ].-43G--4`.~G Court .T.nterpreter, for t:he 19tlth District Court---J'u'ry (-t.aid. CJF2DrF; NCI 2f:,9Elf, I3UD(iL'i AI'IL""-:NDMF.:N7 C:CIN;37AF+LE- i-'FtFSCTNC7 i#~? Chi thisa the 'c.'.:3rd day of tapriT i'E1t%11, upcYrY mo{: i.r.YrY m~ide~ I:Yy Li001nla SiSaAIIF}'r W:L .1.1:L li nl, for Cranstabae C••"re~c i.nat 1#c?. FiRIJI) CI-IL••:C:I:/LfaTl~ Eie:rru>'r L..r_~i;x, e>:ionc~r Eia7.dw:i.ri, the Coe.e•ri; unanimously approved by a vote of 4-0--0, at.ttl'u:rri.z<'a'L-:i.c:~n of a Hancl C:hc~c4~. i.n tlut~ amount of 47F1. HH marlr:. pay County Fle.edi.tor and 'tal&! I:OUn'F:y I'r`E aSl.Cre'Yr I:U W'r] ~:E~ SCimC--? CI'1 E?('.`E'.. HRNI7 CHI'=CI:/I_A'iE:: Lil:l...l.. J'F!#.l°°F'OSTAGE CiTAMF~~S (h~i thi<.~ tlic= 'r.''.;3rd d=_>:ionc'r Ci'ri.ff:in„ i:he Cou'r't unar•+imously voted by ~~ vote of ~r0-09 aui:horizai:i.on o~f a Fic~~ n•f E, roa1G> of pn<.~tagc~ <_:>taml:~s,, aru:l i:o authnriz+z the Cor.rnty Ar.uii.tnr arui thr;~ County 'ireasrarer tr:~ wri.tca <.:>anusr r_hrer.~l:.. ~~ I.1+11=I~CiI":NC:Y HUI)(.il_'T' f-ll`11::NDI*II:~N7 T'faX f-1CiSES'.3C1F2-CCIL.LEC;TC7T2 C1n tlri:a 'L-hr~ 'r':3rEl dray of Al:rria. %'C~C~:L~ upon motion madF:~ Ivry comma=_>:~:iont_+'r L.Eatz9 scacondE+tl by C:crmmis~>i.onE.'r E<,~a].dw:i.i'i,, thEa Court t.uianimqusly approved by a vote of 4-E1-0, that the Court: rlcar_lar•ra a Cu.~rJgE>i: E_>mer,yEanc:Y9 ~zr.rthori.ze amendment of 't:hr_+ Cap:ite<.:; o'f pl{'f`C`h <:lF.i 1.1'18 that: E+yi.iipment., togE?'the'r` Wlth 'Flllld5 from thca Sera.. of State Ch<'ap't;e'r :1. `j •t'i.u?cJ, and thc~~ funds allotted in the £3EJC~1f~]/crkl(~:L ^" C.:apital Ur.rl-lay Budget. (~rnr-_F2 Ncl ~e,~~~o r-1_ss~-- STraTUS ~rl .r(~zf nr_:scF:l~~'r.r.c7ia SYSTErIS Sl1F'F~'OF:T SF'CCIfaI._1S7 F'F:OM IJCIIJF=.XEMF'7 T'C1 E_XE=I*IF'T Cln this t;h E? %'.:3rd clay of 6apr:i.:I. C'oU]., f.Ipon nloti.on n1adE? lay C.fanllll a. Si'.37. f]1lEYr LYP:I. i'i']. 1'ly 5E?<:)Ol'ld E?d 1:1y (.',C1nln1 ]. °_i!ii :L f:111 E3'P W:L 1.~.:L ilOlS3, the Colart unanimously approved by a vote of 4-0_g , to ah:~n~r_ the 1='.1_..~i.6a., <_a;atl.ts fan the jola desr_'ripi;iol'1 i'o'r the 7:nfo'rms:i.c:rru-rr L.e~tz, scrconded by Commi.<.~sionerr Gi•ri~f•Fi.n., thE~ (:ot.i'r'f; unanimously approved by a vats of k-0•-0, ~t:o adopt ras>a:li.cti.on pror_l<.ai.rn~r-.r I_E~tz, <_,r~ccrruaed ~y Commis of a th~~'rm 15y Gf:lninl:4<.E>51UnE3'r Ci'r :L '('f~l. n, seaorxled Ley (Jt:nnm:i si.rlast:i.'t;utt~• tl'u> new vEar=_>ion ofi' ~l:Pie proposed CJ.'.3,'.i.P',, nrtae~r, a<.:, acceptt~cl for g~uba.i.c 4nrrposes.