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 KERR COUNTY COMMISSIONERS COURT Regular Session Monday, June 14, 2004 9:00 a.m. Commissioners' Courtroom Kerr County-Courthouse Kerrville, Texas PAT TINLEY, Kerr County Judge H.A. "BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 DAVE NICHOLSON, Commissioner Pct. 4 ~I 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 2 I N D E X June 14, 2004 --- Commissioners' Comments 1.1 Consider adopting proposed Hill Country Youth Exhibit Center Reservation Guidelines 10 1.2 Request to transfer funds to pay for emergency replacement of back windshield on marked patrol unit 29 1.3 Approve Resolution for Kerr Interfaith Disaster Response (KIDR) 32 1.4 Consider merit increase for Chief Deputy Treasurer 35 1.11 Set public hearing for plat revisions under the alternate platting process in Kerr County Subdivision Rule 6.04.G 40 1.14 Consider awarding bid for backhoe loader and have Judge sign finance proposal and total machine warranty for same 41 1.5 Open/receive bids for septic tank mitigation in Phase I, Kerrville South Wastewater Project 45 1.17 Consider scheduling Commissioners' Court 2005 Budget Workshop 47 1.6 PUBLIC HEARING for Alternate Plat Process for Lot 13 of Riverside Park 53 1.12 Consider changes to 03/04 Floodplain Administrative Budget 54,128 1.15 Plan to address concerns regarding elements of the City of Kerrville's Uniform Development Code that affect development in unincorporated areas of Kerr County and the Kerrville/Kerr County Airport 61 1.7 Revisions to Intergovernmental Agreement relating to Texas Community Development Program and Texas Colonia Construction Fund awards between Kerr County and the Upper Guadalupe River Authority 72 1.8 Request to lower water level in Flat Rock Lake; discuss concerns for public safety and recreational fishing at Flat Rock Lake due to storm debris and sediment buildup in the lake 76 1.9 Consider allowing Constable to apply for & seek grant funding from all sources to acquire mobile video/audio camera system 110 1.10 Budget amendment request to transfer funds from Vehicle Insurance to Vehicle Repair & Maintenance 119 1.18 Consider reports from insurance consultant on 2004 Stop Loss Health Insurance Policy proposed by Employee Benefit Administrators, take appropriate action or response with respect to such proposed policy 120 1 ^ 2 3 4 5 6 7 8 9 10 11 12 --- 13 14 15 16 17 18 19 20 21 22 23 24 3 I N D E X (Continued) June 14, 2004 PAGE 1.13 Consider approving 10 ft. wide easement across courthouse property from Main to Jefferson Street 125 1.16 Consider final draft of Kerr County Information/ Technology Policies 130 4.1 Pay Bills 137 4.2 Budget Amendments 138 4.3 Late Bills 143 4.4 Read and Approve Minutes 149 4.5 Approve and Accept Monthly Reports 149 5.1 Reports from Commissioners/Liaison Committee Assignments 150 --- Adjourned 158 25 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 4 On Monday, June 14, 2004, at 9 a.m., a regular meeting 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 TINLEY: Good morning. Let me call to order the Commissioners Court meeting scheduled for this date, Monday, June the 14th, 2004, at 9 a.m. Before we get started, I would like to mention to those present that we lost an Assistant County Attorney this past week. Mr. Mike Feary, Assistant County Attorney, died from complications from an illness that he had incurred. So, we'd ask that you keep his family and loved ones in your thoughts and prayers. Commissioner 2, I believe it's your honors this morning. COMMISSIONER WILLIAMS: My turn? JUDGE 'TINLEY: Yes, sir. COMMISSIONER WILLIAMS: Well, I can't speak with any degree of authority on how other denominations -- how the retired ministers from other denominations -- where they go and what they do, but I can tell you that the hill country -- in particular, Kerr County -- is a haven for retired Lutheran ministers, and we have at Zion Lutheran Church a great group of retired pastors who share with us their -- their life-long careers of wisdom, preaching, and teaching. I've invited one to be with us this morning. I'm ofl -i~-o~ 5 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 pleased to introduce to you pastor Jack Lehmann, who will lead our invocation, if you'll please rise, and after that, the pledge of allegiance. Pastor Jack? (Prayer and pledge of allegiance.) COMMISSIONER WILLIAMS: Thank you, Pastor Jack. JUDGE TINLEY: Thank you. At this time, if there's any member of the public that wishes to be heard on any matter that is not listed as an agenda item, they're privileged to come forward at this time. We'd ask that you give your name for the reporter. If you wish to be heard on a matter that is a listed agenda item, we would prefer that you fill out a participation form. It's at the back of the room. If -- if you fail to do that, but still wish to be heard, by score means or manner, please get my attention and I'll recognize you and allow you to be heard, because this is your business we're conducting. But, at this time, if there's any member of the public that wishes to be heard on a matter not listed on the agenda, feel privileged to come forward at this time.. Seeing no one to come forward, Commissioner Williams, what have you got for us this morning? COMMISSIONER WILLIAMS: I'm going to pass, Judge, until later. JUDGE TINLEY: Three? ti-14-n~ 6 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: Actually, I have a couple things this morning. There -- I've talked about both these topics previously, but I think it is worthwhile to -- with what's happened recently, to bring them up again. First, baseball. Those who are baseball fans are aware that it's -- the College World Series starts this week. And this past weekend is the equivalent of the Sweet 16, and I think Kerrville was unbelievably recognized nationally for having three players that played in the super regionals. University of Texas Wednesday, Ryan Russ, my nephew, who went six-for-six in the series, had a walk and was hit by a pitch; he was on base all eight times he came to the plate. Remarkable accomplishment. And Kyle Yates came in to pitch Friday night game, did a great job, did his job, and got all the -- not all the batters faced gut, but got all the -- did not give up any runs. And then, at L.S.U., Texas A & M was playing them, and on the Saturday game, Kevin Whelan came in and absolutely shut them down. Pitched one and retired three batters, two strike-outs, and did a great job. And I think all three of those young men received a lot of accolades nationally, 'cause they were nationally televised games, all of them, and they really should be commended. And I really encourage all of the area press to give these young men some recognition for what they've done. And the other individual I'd bring up a little bit -- sad or joyous, -i~-o~ 7 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 either way, I'm not sure how you look at it. Very good friend of our families, Michael Stebbins, is in the military, and he is about to leave next Monday for his third tour, going to Iraq, and after he's been twice previously, and Afghanistan. So, I think our prayers need to go to the Stebbins, to Michael Stebbins and his family. That's it. COMMISSIONER NICHOLSON: Got two things, Judge. First, I'd like to introduce to the Court my friend, Eric Ellenwood. Would you raise your hand there? Eric's a Tivy man; he's a senior at Tivy, and he has an interest in government, so he's going to spend the day here with us today and see what good government looks like. COMMISSIONER BALDWIN: You sure you got the right room? COMMISSIONER NICHOLSON: Welcome. COMMISSIONER WILLIAMS: Hope we don't scare him away. MR. ELLENWOOD: Mr. Nicholson is in the room, so I'm confident that~I'm in the right room. COMMISSIONER NICHOLSON: Second thing is, the heavy rains last week caused some fairly significant damage in the western part of the county. The Hunt Crossing bridge is -- is in really bad shape. Some cf the foundation washed out. It's one lane there right now. In fact, the state Highway Department has portable signal lights rigged up out h-;~-o. 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 there, and the joke about that is they -- it finally happened; we've got signal lights in Hunt, Texas. But, anyhow, that's a problem. As you know, there's a lot of traffic, contractors and Mo Ranch employees and all that sort of thing early in the morning, and it was backed up there for a long ways this morning. And with the -- particularly unfortunate that's it's the tourist season; that's causing some problems. There was quite a bit of other damage. It was a strange flood. It rained only 3 inches at my house out there near Mo Ranch, and the river rose only about a foot. It rained 10 inches over near Hunt, and the river rose almost to -- to the 100-year floodplain levels. Not as much damage as we've seen in the past, but a lot of washouts and road damage. So -- so our Road and Bridge Department, State Highway Department got a lot of work to do. That's all I've got, Judge. JUDGE TINLEY: Thank you. Commissioner 1? COMMISSIONER BALDWIN: Yes, sir. I'm going to -- Commissioner Letz stole one of my issues. I wanted to talk about his nephew and playing baseball. I tell you, six-for-six is unheard of. You just don't see that anywhere, at any level, and that kid really -- he's really something else to see.. So, Letz stole my issue; I only have one more. The preacher up here talking about -- he declared us the "salt of the earth," and I think that possibly we 6-~~-0~ 9 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 should -- being as we are the salt of the earth, that we should take on some names; like, Judge, you could be salty old -- Salty Old Dog. (Laughter.) Or we could be salty coots, something like that. That's -- that's all. I just wanted to give you some food for thought. Maybe we can work through something like that, just take on some -- I mean, that was a man of God there. COMMISSIONER WILLIAMS: Did you miss the point? (Laughter.) COMMISSIONER BALDWIN: No, not at all. I guarantee you, I didn't. JUDGE TINLEY: Thank you, Commissioner. I can assure you, it would be welcome to me at times to be called something like that, since what I'm frequently called is much worse. But I would like to remind everyone, and please spread the word among your friends and neighbors, especially if you're served by any of the former AquaSource companies, of the town hall meeting this evening at 7 p.m. out at the Youth Exhibit Center concerning the rate increase application that has been filed by Aqua Texas concerning the former AquaSource water systems here in Kerr County and other places across Texas. But a number of our citizens are particularly affected, so I would urge you to remember that, plus let your friends and neighbors know. Secondly, in line with what Commissioner Letz said, we should always be -i4-o~ 10 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 mindful of the sacrifices and service that our young men and women in our armed forces put forth for our benefit. For our benefit. And to Michael and all of his comrades in arms, I wish them godspeed. Let's get on to business. First item on the agenda is consideration and discussion of adopting the proposed Hill Country Youth Exhibit Center reservation guidelines. Mr. H~lekamp, good to see you this morning. MR. HOLEKAMP: It's good to be seen, thank you. First of all, I just have a quick one. Flags, as I was told, are to remain at half-staff through July the 5th, so if there's any questions why the flag is still at half. I'm going to try to make sure all the buildings are -- that was the -- from the web site from the federal deal. Okay. This particular item on the agenda was -- was brought by one of our users of the facility, brought to our attention, that -- and Commissioner Baldwin was in on the meeting when we tried to come up with a way to make it fair for everybody that wants to rent the facility to have a fair shot at dates. We -- we tried to eliminate what you call rollover date, so that -- okay, if -- other than the -- well, the Hill Country District Junior Livestock Show, Kerr County Fair, 4-H events, and the Texas Cooperative Extension; they're exempt from all this. But what we're trying to do, or what needs to be done -- and this is a start. This is E-1~-u~ 11 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 a -- this is what we came up with in our meeting that might be the fairest way of doing it, is open it up on a day at 8 o'clock in the morning, and those people that are interested for that year previous -- like, the first Saturday in June, starting at 8 o'clock, what they're going to have at that time is to be able to book the dates in 2006. It's actually 18 months from the time. So, what we're trying to do is -- is to make it fair for everybody. And I'll be the first one to admit, if this does not suit, you know, the Court as to the intent, we need to revisit it or make some changes. I feel like this would work. I think it's going to encourage people to come in and reserve those dates if they really want them. But if the Court -- you know, as I said, this is just -- this is a recommendation. Whether it be adopted, that -- that's strictly up to the Court itself. But -- COMMISSIONER LETZ: Glenn, what's the policy right now? How is it handled? MR. HOLEKAMP: It's not. COMMISSIONER LETZ: There is none? It's just -- MR. HOLEKAMP: No, what we've been doing is we send them letters in June -- like, in June, to -- to ask them what dates to get their contracts in. Well, the one that calls in first or comes in there first gets their date, and then the one that has been using a date for, say, a 12 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 couple of three years, they can't -- they're not getting the date that they want. So, we -- we felt like we're going to have to come up with a day -- I'm going to use, for example -- and I don't know this for a fact. I understand the City of Kerrville -- and we're not trying to mirror after the City, but -- am I boring? SHERIFF HIERHOLZER: Yes. MR. HOLEKAMP: When they put these banners, you know, on the street, as I understand, every year they -- there's a date that people got to come in to reserve that space for that banner. So, it's kind of like you got to be there or you may not get your banner up, because it'll conflict with somebody else's. So, we were trying to come up with a way to make it fair for everybody. COMMISSIONER WILLIAMS: Does this mean that if you want to reserve Hill Country Youth Exhibit Center, you have one day only to do that? MR. HOLEKAMP: No, no, no, no. That would be the day -- I mean, you could do it after that if the dates were available. COMMISSIONER WILLIAMS: Okay. COMMISSIONER BALDWIN: There are -- MR. HOLEKAMP: That would be first -- this would be for the first shot at all the dates, would be then. JUDGE TINLEY: .The -- the one date that -i~-o~ 13 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 you're giving is the opening date, kind of like the Oklahoma land rush. MR. HOLEKAMP: Right. JUDGE TINLEY: First come, first served. MR. HOLEKAMP: That is correct. JUDGE TINLEY: Then, thereafter, it's subject to availability? MR. HOLEKAMP: Yes, sir. JUDGE TINLEY: Now, this period that we're talking about, Mr. Holekamp, ~s that June 1 of the current year through the following May 31st of the -- of the next year? Or are we going from July 1 through June 30, or what's the period of time that this first Saturday in June booking, for example, would cover? I assume it's a one-year period? MR. HOLEKAMP: Yeah, it's a one-year period. It would be from -- MS. McCLINTOCK: It would -- it would be from -- for example, if we did it for the first weekend in June this year, it would actually be for the dates for 2006. MR. HOLEKAMP: But start in -- MS. McCLINTOCK: It would start as of January 1st, 2006, through December -- JUDGE TINLEY: Okay. MS. McCLINTOCK: -- 2006. F-,~-o~ 14 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 TINLEY: Okay. COMMISSIONER WILLIAMS: We've already missed the first Saturday; we're beyond that. MR. HOLEKAMP: Yeah, because we're already booked through 2005. COMMISSIONER WILLIAMS: Okay. MR. HOLEKAMP: So we're going to be dealing with 2006. COMMISSIONER WILLIAMS: Okay. MR. HOZEKAMP: Next time. COMMISSIONER LETZ: I guess I don't understand the need for a -- a date. Why couldn't we just have a policy that shows 18 months -- or 18 months prior to an event, it's eligible to be booked? MR. HOLEKAMP: Well, here's the problem, okay. I -- I've got somebody that comes in in June and says, "I want these eight dates -- these eight weekends." Then somebody comes along July lst and says, "Man, I need one of those weekends, because that fits in with my national plan." My national -- doq agility; is that correct? (Ms. Hanson nodded.) MR. HOLEKAMP: She's kind of out of luck, because those other eight dates have already been taken. COMMISSIONER WILLIAMS: What happens, Glenn, if, hypothetically, I've got an event that I've scheduled 6-14-09 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 15 for the last 10 years on a particular weekend, and I'm trying to abide by this, but circumstances beyond my control take me out of the picture and I'm not there to roll over my date or to reestablish my date? COMMISSIONER BALDWIN: You're out of the picture. COMMISSIONER WILLIAMS: I'm out of the COMMISSIONER BALDWIN: Yes, sir, that's what this is all about. You either be there or be square. COMMISSIONER LETZ: I think -- I don't have a problem with the date, but I don't see why -- I mean, I think it's unreasonable to have to be in person. I mean -- COMMISSIONER BALDWIN: Well, then you get -- you start getting the phone calls. They have a bunch of groups that have been using the same dates year after year after year, and that is really unfair. To dog agility people, as an example; it's unfair to them. So, we need to start on the same -- same pace with everybody. COMMISSIONER LETZ: But, I mean, it seems -- and maybe we don't get anyone from out of town. Maybe everyone that rents there is a resident of the area, but I don't see how -- I don't think it's reasonable if -- say, if someone lives in Tennessee, to make them fly down here to get a date. -i~-o~ 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 COMMISSIONER BALDWIN: Oh, I do, Jon. JUDGE TINLEY: Local representative. As -- as could Commissioner Williams, if his group wanted to have some -- some function there, they could have a local representative appear at that time. MR. HOLEKAMP: Well, Jon is right, and I don't think that's the intent. Most of the national stuff we're doing, we -- we know the weekends, so you're going to have some conflict probably somewhere down the road, but they're not really considered rollovers, as such. I think Commissioner Williams has hit on a very interesting one, and I think Buster and -- and we talked about it, but -- like the rollover. Let's just use the game warden's thing. COMMISSIONER BALDWIN: Wild game dinner. MR. HOLEKAMP: Wild game dinner. They're -- they're more than just local. They're a district-wide deal. They -- they have game wardens come from all over the state to participate in that thing. I don't know. Do we -- do we derive a list of those that are eligible for rollovers? Do we develop a list that -- other than the ones that are listed here, the 4-H and -- and fair and -- those are all set dates, and they're going to stay. But that's the reason for this conversation -- this discussion. COMMISSIONER BALDWIN: If you developed a list of people that are allowed to roll over, we're -- we're s-l~-o4 17 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 wasting time here. Let's get on to the next agenda item, 'cause we're right back exactly where we are today. MR. HOLEKAMP: I understand. I'm just using that as an example. COMMTSSIONER BALDWIN: I know you're not proposing that, but -- COMMISSIONER WILLIAMS: I'm going to wonder aloud if a process similar to the process we use for the submission of sealed bids would not work. You set this date, an arbitrary date, at which you would examine all applications for future bookings, and on that date you have them in writing in front of you, time-stamped as to when they were received, and you record them. You can either come in in person, or you can do it in writing, and they're received and then booked accordingly. Would that not have some possibility of -- a system similar to that? MR. HOLEKAMP: Yes. But -- well, what would keep them from sending it in now for June lst of 2005, you know, date? Because they'd be post-stamped before anybody's. COMMISSIONER WILLIAMS: Well, when you publish your rules, you're accepting them as of such-and-such a date for the year 2006 or the year 2007. Anything that doesn't fit that parameter is just -- round file. ~-i~-o~ 18 1 2 3 4 5 6 7 8 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 MR. HOLEKAMP: I see. COMMISSIONER WILLIAMS: I'm just brainstorming with you out loud. MR. HOLEKAMP: I understand. I understand. And that's the reason for this, is to get some input, because I know there is numerous events that go on out there of special interest to certain groups. Always has and always will be. COMMISSIONER NICHOLSON: I've got a couple questions, mechanical questions. If you do this process, whether it's in person or by mail, and you're going to grant the reservations as of a certain date, say you got three people that want the same date. How are you going to pick between the three? MR. HOLEKAMP: Good question. COMMISSIONER NICHOLSON: The second question is, I've had a little .experience with how emotional people can get when they're denied reservations. MR. HOLEKAMP: Yeah. COMMISSIONER NICHOLSON: How are you going to notify everybody that needs to know about this new process? MR. HOLEKAMP: Oh, we know who -- those that have been there previously, and triere would be a mahout 30 days prior to this June date. They would be getting notification. Yes, Jamie? ~-i~-c~- 19 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 MS. McCLINTOCK: In answer to your first question, basically, what it would be is they would -- you know, people like Ms. Hanson herself -- you know, she says if we do this, she's going to be there at 5:30 in the morning waiting at my door, because that's how bad she wants those dates. Now, if the person behind her wants that same date, basically what I'll do is I will tell them, "I'm sorry, I don't have that date, but I do have these dates," and so they'll get next pick as to the dates that are available. But when I have phone calls coming in for a year, you know, "When are you going to open?" and I tell them June, you know, there's no way to answer one phone call from another as to who's first. So, that's -- that's kind of where we're standing right now. And I don't know, you know, how to correct that. I don't know how to make everybody happy, you know, as to the first-come, first-served basis. COMMISSIONER LETZ: I agree. Without question, we shouldn't do it over the phone. My -- but I -- I don't know the problem with accepting, like we do bids, at 10 o'clock in the morning on a certain date that you know the Post Office is going to be open, or you have them in and open them the following day, or something to that effect. And I guess -- and I'm -- again, I'm wondering out loud as to -- what are we trying to so'~ve here? Are there people ~-__-~- 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 coming in booking, like, 10 ox 20 days in a year, and that's the problem? Or is it people that want one date a year for five years that are the problem? MS. McCLINTOCK: Right. MR. HOLEKAMP: Yeah. COMMISSIONER LETZ: Both? Both of those problems? MS. McCLINTOCK: The five -- the one date the same year. MR. HOLEKAMP: They want the same date -- MS. McCLINTOCK: Every year. MR. HOLEKAMP: -- every year. COMMISSIONER LETZ: I guess -- MR. HOLEKAMP: We're not doing that, other than the county fair that y'all have done, and -- you know, so we've really eliminated the rollover thing, other than stock show and 4-H and stuff, which -- COMMISSIONER LETZ: How many dates are booked -- how many people want to book five years out? Just have the same date all the time? MS. McCLINTOCK: About everybody. COMMISSIONER LETZ: About everybody? MS. McCLINTOCK: I mean, you know, all of our events are the same events that we've had for several years, and they want to be able to let people know a year -- or 6-_4-04 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 21 their vendors know a year or two years in advance, you know, that it's going to be this same weekend every year so that they can plan for it; it's on their minds. COMMISSIONER LETZ: I mean, just from the -- my very limited knowledge of this type of booking, it's important for them to book way out. And we're -- and are we shooting ourselves in the foot by saying you can't book in advance to get people -- "Then we can't come to Kerrville." COMMISSIONER WILLIAMS: I think that's a point -- a valid point, because if you check any -- any city that does major meetings -- and meeting planners book well in advance; two, three, four, five years in advance. So, you know, that's something that really needs not to be just abandoned capriciously. COMMISSIONER NTCHOLSON: I agree with that; I surely do. A couple other questions. Do you -- would this policy apply to those organizations that pay for the use of the facility as well as those who do not pay for it? MR. HOLEKAMP: Oh, yeah. Those that don't pay for it are the ones listed here, the Hill Country Junior Livestock and the 4-H and Texas Cooperative Extension. COMMISSIONER NICHOLSON: Do you require deposits when you -- MR. HOLEKAMP: Yes, uh-huh. Yes. COMMISSIONER NICHOLSON: I would -- if E-i~-o4 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 22 somebody wanted to lease it on a certain date for -- or weekend for the next 10 years, I'd lease it. MR. HOLEKAMP: One question. COMMISSIONER WILLIAMS: So would I. MR. HOLEKAMP: Hold it. The Extension Department and 4-H do their plans a year in advance, so what would happen is, if we booked the facility five, ten years out, whatever, a 4-H event come along and we would have to tell them, "It ain't going to work. We've got the building booked." COMMISSIONER WILLIAMS: That would be taking a paying event and setting it aside for another alternate date, a nonpaying event; is that correct? MR. HOLEKAMP: Yeah, but I think 4-H and them are -- is what the building is for. JUDGE TINLEY: It's pretty obvious to me that we've -- MR. HOLEKAMP: The intent -- I mean, we have to be really careful, because that is the reason for it. COMMISSIONER LETZ: Right. JUDGE TINLEY: There's a number of issues on the table here, and it's obvious to me it's going to warrant further study and input. And we'd certainly encourage any of the citizens or users of the facility to get with Mr. Holekamp to give him their thoughts and ideas and druthers e-l~-o~ 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 23 and so forth, but I don't see us as being able to resolve this question today, other than to say we've got more work COMMISSIONER BALDWIN: Ms. Hanson, would you like to say anything? MS. HANSON: Well, I do have, you know, one kind of comment. I guess, from my viewpoint, I was beginning to feel like, since there were no rules whatsoever, that I got kicked around a lot and didn't have an opportunity such as this would provide. If I want to get there at -- or if I want to spend the night in my car, that's my choice. If I want a particular date for -- you know, like, if we're doing it in 2005, it would actually be the dates for 2007, because I already have a booking. I don't have a contract, so I could still get bumped for one of the county things. I don't get a contract till about six months before the year starts. 2006 -- in 2005, I would get the contracts for 2006, so I could still get bumped for a 4-H thing. And I'm supportive of that, but I would not like to be bumped because of the wild game dinner, if they came before the Court and asked you, such as -- I understand that the homeowners did that. They came before the Court and they got an extended booking. I didn't know I was supposed to do that. If I want an extended booking, am I going to have to come to the Court and get a special dispensation? I 'c-14-04 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 24 see that as a nightmare. And then, of course, I'm -- I'm calling Jamie every day for three weeks; "When are you going to open? When are you going to open? When are you going to open?" Because I kr_ew that I might not get there, 'cause there was no specific date that I could show up and know that I could try for my date. You know, my organization publishes a four-year calendar, and so they think I'm having a certain weekend for the next four years, 'cause t can't have a weekend that Austin's got or got, so, you know, there are all of these But I -- I felt like -- I brought this up Commissioner, Mr. Baldwin, because I felt hat's mine. I somebody else has factors in it. to my that, you know, it was unfair. All of a sudden, I found out I lost my date, you know, before I had a chance to even book it, because somebody had come to you guys and you said okay, not knowing that I wanted it. And, you know, so it puts pressure on you. It puts pressure on Jamie, as the reservation agent, that people are calling her every day. Puts pressure on Mr. Holekamp to -- a.s Jamie's boss. And, you know, I just need a fair solution. If i knew what the rules were, I can abide by it. If I want to get up at 5:30 in the morning, I can be there, and then if I'm second in line and somebody takes my date, then I hope I have a couple of alternatives 6-14-C4 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 25 from Jamie's letter to get me ready. So, those were some of the concerns I had. Did I pretty much cover it, Buster? COMMISSIONER BALDWIN: You did. You did very well, and I agree with you. I see this document as really the only fair way to do this thing, unless -- unless we have favorite friends out tYiere that we want to give -- give long-term booking to. You know, if we -- if we're going to do that kind of thing,. count me out. But if we want to do it fairly, this is a good way to do it right here. COMMISSIONER LETZ: I don't -- to me, it's not -- it's not a fairness issue on this. What my opposition to this -- my opposition is financial. I mean, we have -- we are doing what we can to try to make that facility pay fir as much of itself as we can. And if that -- and from what I've heard so far, and what I think is that we have to allow advance bookings to do that. That's how we attract events. And I think that the -- you know, we need to find out a way, but I agree, very much so, that we need to have a very clear policy as to how we do that. And it goes back to what -- to follow up on what the Judge said, I don't mind not dealing with this today, but I think we need to put it on our next agenda as a workshop item, and I think we've got to do it. I mean, we can talk about this every day and just duck the tough decision we're going to have to make. I think we just need to -- you know, if we ~-14-0~ 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 26 want to allow more people time tc come at the next meeting, do a 1:30 posting, and stay until we hammer it out. JUDGE TINLEY: I think all the -- most of the -- most of the major concerns and issues are probably on the table now that may not have been there before. We want to provide a way to provide for the economic stability of the users so that the major events that are out there have some degree of certainty of use, but, by the same token, have it on a fair and equitable basis to all the other users. And it's a tough balance to strike, but we'll get there. But we need a policy. MR. HOLEKAMP: To make it a little easier, is -- is sometimes one facility -- we divide them into two different facilities. Sometimes one is needed and the other one isn't, so you can have two events going on the same day. I mean, that happens quite frequently. So -- so, there again, that has to be taken into consideration, too, what portion of the facility is to be used. COMMISSIONER LETZ: And if we -- they're going to be on our next agenda. If you could inform representatives from, like, the Extension Office; get Roy maybe at that meeting? MR. HOLEKAMP: Mm-hmm. COMMISSIONER LETZ: Maybe some 4-H, pretty much every -- you know, some of the organizations that are E-~q-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 27 affected that do a lot of bookings there, potential people to come to the next meeting as well, and get input. The only one that I really don't see a whole lot is -- you know, maybe we should have someone from the Stock Show Association come, but we have -- their dates are, you know -- MR. HOLEKAMP: They're locked in. COMMISSIONER LETZ: They're locked for lots of reasons. MR. HOLEKAMP: Yeah. COMMISSIONER LETZ: So them, I don't think. But, other than them, I think there's a -- we need to discuss it. I do believe and agree with you that it's a -- 4-H and Extension Office needs to have, you know, use of that facility a lot. But I begin to differ a little bit when we have a paying customer versus a free use. I think someone who pays should have priority over someone who doesn't pay. COMMISSIONER WILLIAMS: I agree. COMMISSIONER LETZ: But with the caveat that 4-H is a little bit different category. MR. HOLEKAMP: Yeah. COMMISSIONER LETZ: And I don't think they're -- MR. HOLEKAMP: Well, that be would be y'all's decision. I just said my recommendation is that -- 6-L4-~4 1 -^ 2 3 4 5 6 7 8 9 10 11 12 13 14 l~ 16 17 18 19 20 21 22 23 24 25 28 COMMISSIONER NICHOLSON: I'll put it this way. If somebody came in here and said to us, "I want to rent that for the second Saturday in February for the next 10 years; I'm going to pay you a lot of money, bring a lot of money to town," I think we need to be able to make that deal. COMMISSIONER agricultural youth of Kerr COMMISSIONER they're -- did I pick a bad COMMISSIONER following on what these two that. BALDWIN: Acid -- and bypass the ~ounty? NICHOLSON: No, sir. They're -- example date? No, they -- BALDWIN: No, you're just guys just said, and they did say COMMISSIONER LETZ: No, I didn't. COMMISSIONER BALDWIN: Yeah, you did. COMMISSIONER NICHOLSON: Hill Country Junior District Livestock show, I believe, has priority over everything. That's the reason the barn is there. COMMISSIONER BALDWIN: I agree. COMMISSIONER LETZ: That's what I just said, that that event is -- is excluded, and the 4-H needs to be accommodated. But they don't have priority over all dates. COMMISSIONER BALDWIN: Yeah, they do. COMMISSIONER NICHOLSON: Sounds like a 1:30 next meeting item. 6-14-09 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 29 JUDGE TINLEY: Sure does. COMMISSIONER BALDWIN: Well, actually, I'm going to disagree with Commissioner Letz on this one, too. Why would we want to fill up the court and spend -- courtroom and spend a whole afternoon talking about this thing? Why don't a couple of us get together with some of these people and try to work it out, bring it back as an item like this, and -- instead of everybody being here all day long? COMMISSIONER LETZ: That's fine. JUDGE TINLEY: That may be a good interim solution, and then bring back some draft proposals or alternates. COMMISSIONER BALDWIN: We're not going to have to hire lawyers or anything, are we? COMMISSIONER WILLIAMS: I wouldn't think so. COMMISSIONER LETZ: Not yet. JUDGE TINLEY: Thank you, Mr. Holekamp. We appreciate that. I apologize to Constable Pickens, for whom the next item is on for 9:15. Item 2, request to transfer funds from different line items to pay for the emergency replacement of a back windshield on his marked patrol unit. I assume it's your marked patrol unit? MR. PICKENS: Yes, sir. Morning, Judge. -i~-o~ 30 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: What are we doing on the first item? Are we having a workshop, or is it going to follow Commissioner Baldwin's recommendation, have a proposal at the next meeting? Just so I know where we're going. COMMISSIONER BALDWIN: I'm going to stay in the mix, 'cause I think I have the answer to it. And -- y'all can jump on if you want to. COMMISSIONER LETZ: Okay. So we'll leave it up to you to get it on the agenda to resolve. COMMISSIONER BALDWIN: I just did today. Okay, we'll take care of it. JUDGE TINLEY: I assume we're talking about your patrol unit; is that correct -- MR. PICKENS: Yes, sir. JUDGE TINLEY: -- Mr. Pickens? MR. PICKENS: Morning, Judge. Morning, Commissioners. As you can see in front of you, back on May 27th of this year, about 8:20 p.m., I was out serving some civil papers and patrolling my precinct, and I was on my way to go get gas when we had a storm coming in about that time, and my back glass in my patrol car just shattered. At first I thought somebody had shot at me, but after determination that that. was not the case, I went ahead and took my patrol unit back to my house, secured it, c-~~-a~ 31 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 covered it up with a tarp, and immediately the next day I called Ford and told them about it. They said it would take them five to seven days to get a windshield in. I called two other glass companies, and they said they could have it within half a day and get it installed. First one was $1,074.12. I called Mindy, and she said our deductible was $1,000 from the insurance company. And Ziegler Glass was $548.11. Being the fact that it was a -- I constitute it as an emergency need to get it replaced so as not to damage the interior inside the patrol unit, I had it done. And then, looking over my line items, I request a transfer of $450 out of Vehicle Insurance, $47.13 out of Capital Outlay, and $50.98 out of Group Insurance to cover this cost. COMMISSIONER BALDWIN: Mr. Pickens, my only -- I'm certainly in favor of fixing our brand-new car, but my only question: is -- is Uahy did you go this route, as opposed to like everybody else, as far as a budget amendment? You wanted to give the report of what happened? MR. PICKENS: Yes, sir. COMMISSIONER BALDWIN: Okay. I move that we approve this item. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item and the budget amendment, as submitted. Any further questicn or discussion? All in -i4-o~ 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 32 favor, sigr_ify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Thank you very much. MR. PICKENS: Thank you, Judge. Thank you, Commissioners. JUDGE TINLEY: I apologize for the delay. Next item on the agenda we're running a bit behind also on, approval of a resolution for the Kerr Interfaith Disaster Response. Commissioner Baldwin? COMMISSIONER BALDWIN: Yes, sir, second time. My friend -- good friend Tom Jones is here to bring this report and talk about this resolution. MR. JONES: I promise not to take but just a few minutes, since y'all are running way behind. I want to thank y'all for the time to come and speak with you and your audience. We mainly want to thank the residents of Kerr County, toc, for allowing us to be of assistance to them. Kerr Interfaith was formed preceding the flood of 2001. We were formed to try to go out and seek the unmet needs of the folks of Kerr County so that we could be of assistance to them, whether it be through advocacy work, helping entitlement through FEMA or whatever organizations we needed r-__-o 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 33 to, or through actually coming in and repairing their homes. We went out; it took us almost a year, by the time we got formed and were able to secure the funding, to repair homes. That's a lot of our concern here, is now that it's been three years, we have just finished and we're just fixing to turn in our final report on -- on the repair of all these homes. And, as Commissioner Nicholson said, we've already had another flood since then; we could get hit with this again today. But we were good stewards with our money, I guess, is the best way to put it. We've got a lot of money left from some of the grants. And so, rather than us get hit with another major disaster and then have to go through the same process again, what we're wanting to do is -- is kind of -- kind of transform Kerr Interfaith to where we're still here and we're still organized, ready to go to work tomorrow if we need to, in the event of another major catastrophic event. But, at the same time, we're still here as a service organization for the residents of Kerr County. So, what we're -- we're proposing to do with Kerr Interfaith is to kind of turn a little different direction, go out and still be seeking to help with unmet needs in Kerr County, such as someone that may not be able to -- that may be on Social Security, has no money; roof may be falling in, things of that area. And that's just one example; there's -- it could 6-i4-04 34 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 cover a broad spectrum. But we're wanting to make sure that we stay here as a service organization for these residents, and the only way to do that is to get some of our grants released, because they were designated specifically for that flood. And, so, we basically got dead money sitting there, and the only way to do that is to go back to the agencies that -- that gave us these grants with letters of support, that they -- they support our area that we're going into, that they support Kerr Interfaith as an organization, to be here for us, and that they will unlock the funds so that we can go forward and start helping some of the other folks here. And, you know, of course, we hope we don't get hit with another one like that, but you -- you don't know when that's going tc happen. It's been almost three years, and it's -- you know, we've already had how many floods in that time period? Even the small floods that you were speaking of earlier, you -- you always have one or two people that are hit with them. You know, you don't read about them because they aren't as major as they were, but three weeks ago, that flood we had, we had two different residents that were affected tremendously with that, and they do not have the income tc fix their homes. I can't help them right now, and that's what we want to try to do, is resolve that to where we can. 6-'~-04 35 1 -- 2 3 4 5 6 7 8 9 12 13 14 15 16 17 18 19 20 21 22 COMMISSIONER BALDWIN: I move that we approve the resolution for Kerr Interfaith Disaster Response. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Any question or discussion? All in favor of the motion, please signify by raising your right hand. 10 11 (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. MR. JONES: Thank you very much. JUDGE TINLEY: Thank you, Mr. Jones. We appreciate you being here. Next item on the agenda is consider and discuss merit increase for Chief Deputy Treasurer. 23 you. 24 ~-., 25 out? E-l~-o~ COMMISSIONER BALDWIN: Want me to pass them MS. NEMEC: Good morning, gentlemen. I am requesting a 2 and a half percent merit increase for my chief deputy for the exceptional job that she has done with our safety program. And the Personnel Policy says that in order to grant a merit increase, that I must submit a job evaluation on the employee, so I have that for each one of 36 1 2 3 4 5 .~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. NEMEC: Please. And that goes to the Judge. COMMISSIONER BALDWIN: The Judge gets something we don't get? MS. NEMEC: Something special, yeah. COMMISSIONER WILLIAMS: This goes to the Judge? COMMISSIONER BALDWIN: No, the COMMISSIONER WILLIAMS: Top one goes to me? COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: Okay. MS. NEMEC: I provided each one of you with a letter_ also explaining all the duties that are involved in the safety program, and everything that my chief deputy has implemented, and if you'll look at these three folders up here, this all has been done in a matter of -- how many months? MS. NIX: Since January. MS. NEMEC: Since January. All this documentation is needed now, and she has compiled all this since January. So, again, she has saved the County thousands of dollars in fines by documenting everything, and then has also allowed the County to receive a reimbursement of over $17,000 for the safety program working as well as it's working. :,-1~-0~ 37 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 NICHOLSON: I move to approve. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item as presented by the Treasurer. Any questions or discussion? COMMISSIONER WILLIAMS: This is in your budget"? MS. NEMEC: No, sir, it's not. I don't know if -- during the budget process, if there was some money put aside for merit increases. I kind of remember something to that effect, and I'm not sure where it was put. COMMISSIONER BALDWIN: Tommy's hiding back there. MR. TOMLINSON: I can't -- I don't recall where -- I think that's correct, but I don't know. JUDGE TINLEY: $10,000 line. COMMISSIONER WILLIAMS: I thought we laid in $10,000, yeah. MS. NEMEC: We'll find out where it is, and I'll just have Mindy do a budget amendment, if that's all right, for that amount. COMMISSIONER NICHOLSON: This is the kind of exceptional performance that -- that provides a measurable and direct impact on the County that I think should attract merit increases. 6-1~-:;~ 38 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 half percent. MS. NEMEC: I regret only asking for 2 and a COMMISSIONER LETZ: I think my question I had was that this increase is under the policy that we implemented to allow for such increases, and when we came to MS. NEMEC: Yes, sir. COMMISSIONER WILLIAMS: It's under the existing policy, which has not been amended, whatever that is. COMMISSIONER NICHOLSON: That's right. JUDGE TINLEY: I believe that's correct. COMMISSIONER LETZ: Existing policy, as in from last budget, or the prior-to-last budget? COMMISSIONER NICHOLSON: Earlier this year, we discussed developing -- promulgating some guidelines about how to get -- get authority to grant a merit increase, and there was some -- some resistance from certain quarters to those guidelines, and we did not follow through -- follow up on it. So, this is under the existing policy. COMMISSIONER WILLIAMS: That's correct. And the resistance had to do with the Court approving or disapproving. COMMISSIONER LETZ: Right. COMMISSIONER WILLIAMS: So we're still where -19-0~ 39 i 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 were. And the dollars are set aside for this purpose. MS. NEMEC: And I just went ahead and followed what is in the policy now, as far as presenting it with a job evaluation for approval. JUDGE TINLEY: I might mention for the benefit of the audience, there has been a considerable emphasis placed on workplace safety in government, just within the past -- well, less than a year. And I'm sure the members of the Court recall, we got involved in a specific safety incentive program, and was one of just a few counties who received just under $18,000 for our safety program. It actually came as a direct credit against our workers compensation insurance premiums, but that incentive program resulted in Kerr County saving almost $]8,000. And, since then, there have been a considerable amount of work done on our safety programs, both for the administrative personnel, and also for the Road and Bridge and also the law enforcement personnel, and -- and Ms. Nix has been very, very actively involved in those. In fact, I think Ms. Nemec said she's -- she's been at the point of all that activity. COMMISSIONER NICHOLSON: This -- this -- the real winners in this are the employees that aren't going to be hurt because of it, and the taxpayers. MS. NEMEC: Right. COMMISSIONER NICHOLSON: Saving money. And -i~-o~ 1 2 3 4 5 6 _~ 8 9 10 11 12 13 14 15 16 17 18 19 20 ?_ 1 22 23 24 25 40 the County Judge and County Treasurer have also played an important role in this. And, no, don't ask; you're not eligible for a merit increase, but thank you anyhow. MS. NEMEC: Thank you. JUDGE TINLEY: Any further questions on the motion? All in favor of the motion as presented, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.l JUDGE TINLEY: The motion does carry. Thank you. MS. NEMEC: Thank you so much. JUDGE TINLEY: Thank you, Ms. Nemec. Let's go to Item 11, consider setting a public hearing for plat revisions under the alternate platting process in Kerr County Subdivision Rule 6.04, subdivision -- Subsection G. Mr. Johnston? COMMISSIONER LETZ: I'll go ahead and take this real quick, Judge. It's Falling Water Subdivision. I thought we had finished this, you know, last year. Now they're going the other direction, combining lots and making them bigger. That's all right. I'll move approval. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded for F-i~-o~ 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 41 approval of the agenda item. Any further question or discussion? MR. JOHNSTON: I'd suggest a date for July 26th; that's 30 days. 10 a.m. COMMISSIONER LETZ: 10 a.m.? Thank you. JUDGE TINLEY: Is that included as part of your motion, Commissioner? COMMISSIONER LETZ: Yes, sir. JUDGE TINLEY: All right. All those in favor of the motion to set a public hearing on this item for July 26th at 10 a.m. this year, please indicate by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Let's go to Item 14, consideration of awarding bid for backhoe loader, and have the Judge sign the finance proposal and total machine warranty for same. Mr. Odom? MR. ODOM: Yes, Your Honor. JUDGE TINLEY: I thought you'd disappeared on us there for just a moment. MR. ODOM: I'm shirt, but not quite that short. JUDGE TINLEY: I see. 6- ~ 4- ~ 4 42 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. ODOM: I have before me the -- I believe that you have a copy of that; am I right, Judge? For signature? And also, this is the contract. I will give it to you. I'm sorry, I didn't have it at the time that we put this agenda together. We were waiting for the contract; I believe it's part of this. I'm not a lawyer, but this is what they brought to us to be signed. Also, I think this first part was an agreement that we would enter into doing it, and that's the actual contract. So, what -- from the bids that we had the other day, that we recommend that Holt Machinery be awarded the backhoe contract. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the award to Holt Machinery, and enter into the lease-purchase agreement in connection with that. Has this been reviewed by the County Attorney? MR. ODOM: I don't think it has. That's -- JUDGE TINLEY: Okay. MR. ODOM: I just received it Thursday, I believe. COMMISSIONER LETZ: Part of my motion is that this needs to be referred to the County Attorney for approval. JUDGE TINLEY: And subject to that approval. 6-1~-~~ 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 43 MR. ODOM: I apologize. Like I say, we didn't get it until Thursday. JUDGE TINLEY: Okay. COMMISSIONER LETZ: And one other question, Leonard. My memory tells -- or recalls that the bids varied quite a bit on this one. MR. ODOM: Yes, sir. COMMISSIONER LETZ: What was the reason for that? I mean, they were, like, huge variances. MR. ODOM: Well, the dollar amount for the lease was within $100, I think, monthly. But the difference ended up with the maintenance agreement. There was $8,500 on two of them, and $275 from Cat. I don't have a good explanation, other than that we've tried to analyze it, and, of course, the people that bid $8,500 are not going to say what -- other than that's what they think the maintenance will be. Holt has had the experience over a period of time that that's not the case. Some of it has to do with their amortization of what the value of those pieces of equipment would be at the end of five years; has something to do with it. The maintenance in the past over five years was -- was something that it was striking to me, that much money. I don't -- we hadn't figured out what they were trying to do with the numbers, other than they would just be completely on a monthly lease basis. That money that we've got -- this ~-i9-u~ 44 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 bid here is cheaper than what we had five years ago, which is amazing. COMMISSIONER BALDWIN: It is amazing. COMMISSIONER LETZ: Yeah. MR. ODOM: And $275 over five years on the maintenance is -- COMMISSIONER LETZ: Worth it. MR. ODOM: You know, certainly worth it, sir. COMMISSIONER BALDWIN: Of course, the Spurs going out in early rounds may have something to do with it, too. MR. ODOM: Could be. Lakers are not doing much better. JUDGE TINLEY: Any further questions or discussion? All in favor of the motion as amended, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. MR. ODOM: All right, sir. JUDGE TINLEY: Give this to Mr. Motley. MR. ODOM: Thank you. JUDGE TINLEY: 'T'hank you, sir. Okay, it is now 10 o'clock, and we're back on the timed items. Number b-l~-o~ 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 5, open and receive bids for septic tank mitigation in Phase I, Kerrville South Wastewater Project. Bids to be forwarded to Kamran Kaviani, project engineer, for review, tabulation, and recommendation for award. I have before me two bids -- actually, three bids, it appears. I would note that the bid submitted by Guadalupe Contractors -- because of the courthouse being closed as a national day of mourning last Friday, the last date for submission of bids, the bid of Guadalupe Contractors was delivered to the Sheriff's Office in a timely manner. COMMISSIONER WILLIAMS: As was the second one there, too, Judge. (Discussion off the record.) JUDGE TINLEY: The other bid we have is from Clint G. Reeves -- one of the other bids. That was brought in this morning at 8:45 and delivered to the County Clerk's office because of the closure -- unknown, of course -- last Friday. Unknown at the time that the bids were advertised, so it will be accepted. The bid from Guadalupe Contractors indicates cost for all labor and materials is $49,834. COMMISSIONER LETZ: Got some close ones today. JUDGE TINLEY: D.W. Contractors showed a bid for all labor and materials, $49,402. And Clint Reeves -- Clint G. Reeves, completion of job as advertised, $74,300. -i~-o~ 46 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: Judge, I move we accept all bids and refer them to Kamran Kaviani for review and recommendation. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for acceptance of the bids and referral to the project engineer for review and recommendation. Any further question or discussion? COMMISSIONER BALDWIN: I have a question, Judge. Bill, in this letter from Mr. Tucker to you, it says here the cost is entirely grant eligible, and $30,000 has been set aside, and possibly eight more thousand that are left over from other areas, so that would be a total of 38. The lowest bid I see here is 49-something. What happens -- what do you think happens? COMMISSIONER WILLIAMS: Well, I think it's up to the contract -- project engineer to talk to the bidders and see where this takes us. But, then, if we can't get within that range, then we'll have to come back to the drawing board and talk about it again. COMMISSIONER BALDWIN: Which means come to the taxpayers? COMMISSIONER WILLIAMS: No, it has to be figured out how to get it out of grants. COMMISSIONER BALDWIN: All right. 6-19-09 47 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 WILLIAMS: Somehow, Phase I or Phase II, with one or the other. COMMISSIONER BALDWIN: Just wanted to make sure I was reading this -- COMMISSIONER WILLIAMS: You were reading it correctly. JUDGE TINLEY: Any further questions or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. The -- let's take Item 17, consider and discuss and take appropriate action on scheduling Commissioners Court 2005 budget workshop. I placed this item on the agenda. There was a desire on the part of -- of Commissioners that they get involved in the budget process a bit earlier than -- than in the previous year, and my recollection was the desire that -- to have at least the initial budget workshop sometime in the latter part of June. And, so, I've got it on, so let's figure out the date that you want to do it, gentlemen. COMMISSIONER BALDWIN: Okay. COMMISSIONER LETZ: How about -- since we 6-i4-~4 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 48 didn't do a workshop at the next meeting in the afternoon earlier today, let's do -- let's have it at 1:30 at our next meeting. COMMISSIONER BALDWIN: 28th, 1:30? COMMISSIONER LETZ: 28th at 1:30. COMMISSIONER WILLIAMS: Are we talking about a single workshop, or are we talking about a series of workshops? What are we talking about? COMMISSIONER LETZ: Well, my view would be just a -- a preliminary, single workshop to kind of see what all our thoughts are, more than. anything else. Kind of a little bit of brainstorming where we're going with the budget and set up future workshops, discuss with the Judge what his timetable looks like with presenting the budget, and then just kind of discuss it. I don't think it's necessarily a real long workshop, necessarily, but just kind of an overview, and then hopefully by then, the Judge will have some idea as to the direction it looks like we're going. JUDGE TINLEY: The only caveat I would have, gentlemen, is if it's going to be a meeting of any length -- and when I say "any length," I'm concerned about the Commissioners Court meeting running over into the early afternoon of Monday, and I've traditionally and normally do have juvenile cases scheduled at 3:00, and I'm just worried -i9-o~ 49 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 about the time frame there. Tuesday afternoon or any time Wednesday would certainly be more preferable for my schedule. I realize each of you gentlemen have your own schedule. COMMISSIONER WILLIAMS: I'm in agreement with that, Judge, and you may not consider it -- the Kerr County Republican Party has its annual golf tournament in the afternoon on the 28th, also. COMMISSIONER NICHOLSON: Got to do it on the 28th. COMMISSIONER BALDWIN: 28th, and we can just -- if our agenda happens to run over, the meeting can run over into Tuesday.. I'm pretty serious about that. COMMISSIONER NICHOLSON: Tuesday or Wednesday is good for me. COMMISSIONER LETZ: It doesn't -- I would rather have Wednesday than Tuesday. JUDGE TINLEY: Wednesday is generally a pretty clear day for me. COMMISSIONER WILLIAMS: Whatever. JUDGE TINLEY: Do it Wednesday at 9:00 or 10:00 in the morning? Or in the afternoon is fine. COMMISSIONER LETZ: How about 10:00? COMMISSIONER WILLIAMS: Works. That would be the 30th at 10:00? -i~-o~ 50 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 SHERIFF HIERHCLZER: Is this just going to be one for y'all first, before you start working with the department heads? 'Cause I won't be in town during that time. COMMISSIONER LETZ: We picked a good day. COMMISSIONER BALDWIN: We need to do the Sheriff's Office on that day. JUDGE TINLEY: Perfect day. COMMISSIONER LETZ: We lucked out there. SHERIFF HIERHOLZER: You did get lucky. COMMISSIONER BALDWIN: Do you know what this -- I mean, let's stop and think just for a second. Why couldn't we -- I mean, we can do our little preliminary thing of finding out. how the Judge feels and how we all feel about these wonderful things and all that. Why couldn't we do a couple while we're here? COMMISSIONER WILLIAMS: I don't know why we couldr.' t . JUDGE TINLEY: I don't know why we couldn't, either. I mean, at least if there are some extraordinary or -- or particular items that need attention from a particular elected official or department head, it might be good to go ahead and get them rolling. COMMISSIONER BALDWIN: I think so. COMMISSIONER WILLIAMS: Only problem with -i~-o~ 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 51 putting the Sheriff in first is when we deal with all his, there may not be anything left for anybody else. COMMISSIONER BALDWIN: Yeah, that's true. COMMISSIONER LETZ: How about if we schedule some big-ticket items that are on the horizon? I'm thinking of the voting machines, something -- just to get some of this information on some of these items, and I think give the Sheriff -- and if he's going to have any large expenditures, you know, early on so we can hit these big topics, and we kind of have them on the table as we're going through the full budgets. COMMISSIONER BALDWIN: Might be a good idea. JUDGE TINLEY: Capital outlay items? COMMISSIONER LETZ: Yeah. JUDGE TINLEY: Primarily -- COMMISSIONER LETZ: Significant capital outlay items. And we're not talking about a replacement computer or something. I'm talking about, you know, a -- COMMISSIONER BALDWIN: Helicopter for Precinct 1. COMMISSIONER LETZ: Yeah, your helicopter, things of that nature. COMMISSIONER BALDWIN: Okay. Helicopter -- JUDGE TINLEY: Do we need a motion on that? COMMISSIONER WILLIAMS: On the helicopter? 6-i~-o~ 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 52 Or on the -- JUDGE TINLEY: No, no, no. I don't want to hear that motion. COMMISSIONER BALDWIN: I move we have -- on June 30th at 10 a.m., have a budget workshop. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded for a budget workshop at 10 a.m. on June the 30th of this year. Do we want to ask for the preliminaries and the general aspects as to the -- and particular attention paid to capital outlay items from all elected officials and department heads? COMMISSIONER WILLIAMS: I'd like to hear that. COMMISSIONER BALDWIN: Ttrat wouldn't be a bad idea. JUDGE TINLEY: Okay. COMMISSIONER LETZ: Capital outlay or significant budget issues, you know. And -- except, I mean, let's leave salaries out of it. But, you know, anything that's going to be significant that a department has, I think it will be good to get it brought to the forefront early on. JUDGE TINLEY: Any further question or discussion on the motion? All in favor of the motion, c-14-04 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 signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TTNLEY: The motion does carry. COMMISSIONER BALDWIN: And on that date, then, we will lay out a firm schedule from that point on? COMMISSIONER NICHOLSON: Yes. COMMISSIONER BALDWIN: Of meeting -- budget meetings? JUDGE TINLEY: That would certainly be an option we have available to us. It is now about 12 minutes after 10:00. I will recess the Commissioners Court meeting for this date, and I will open a public hearing for the alternate plat process for Lot 13 of Riverside Park. (The regular Commissioners Court meeting was closed at 10:12 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 TINLEY: This item was posted for 10:10 a.m. this date. Do we have any member of the public that wishes to be heard with respect to the alternate plat process for Lot 13 of Riverside Park? Any member of the public who wishes to be heard on this item? (No response.) JUDGE TINLEY: Seeing no one desiring to be h- 1 4- U 4 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 heard, I will close the public hearing for the alternate plat process for Lot 13 of Riverside Park, and I will reconvene the Commissioners Court meeting scheduled for this date. (The public hearing was concluded at 10:13 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE TINLEY: Let's go to Item Number 12, consider changes to the '03/'04 Floodplain Administrative budget. MR. JOHNSTON: The current budget, the Floodplain, we developed in November '03, and the salary-related items were listed at $10,388. Seven months into the project, we've expended $12,429.86, and projecting that for the end of the '03/'04 budget year based on that seven-month average, which is all we have to go on, would be an additional $6,886. So, we need an additional $8,928 to finish the budget year out in those line items. COMMISSIONER LETZ: Just, I guess, a comment that I have. This is kind of -- almost goes into our last item's discussion, is I think that this really necessitates a need for us to look at the County Engineer's position in next year's budget. I think that this is a function that fits in that job description, and we are -- if you add that to the salary, we're basically at a full-time -- what a -19-09 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 full-time County Engineer's salary should cost. Now, that being said, I think, you know, we need to do what we need to do to get money for this year's budget. We knew when we went into it this year that we were in a little bit of an unknown. We wanted to go this route to see exactly what the cost and times, things of that nature, and obtain some more information, which we've done. And my other comment, before we get to a motion or anything, is the -- and this is to the County Attorney. And I know he's been very busy on other things, some from my precinct. He also has had some tragedy at his office, but I think the time is now, that we also need to look at what our options are from a legal standpoint, and organization in the Road and Bridge Department. And I think there's a request down there to kind of give us some information. I'm not sure -- I'm not sure if we got it back or not. David, maybe you need to tell me something. It's on my desk. MR. MOTLEY: You're talking about just -- COMMISSIONER LETZ: Structure as to how the County Engineer -- MR. MOTLEY: I've done some research on that, but really haven't put it down in words. COMMISSIONER LETZ: I think if we could -- maybe the goal is to kind of, if it works with you, to have -- we need to address this during the budget process, E.-14-04 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 whether it's the first meeting in two weeks, or we can have a subsequent workshop on it, but I think it's just -- I see the direction going that we need to go with the County Engineer in a different format than we're currently using. And maybe the same individual, but just from the standpoint of cost, as to basically -- it's basically what a full-time person should be. That being said, I'll move approval of the budget amendment as requested. COMMISSIONER BALDWIN: Before you do that, let me just ask a question. We're being asked here to budget for the rest of the year, really not knowing whether we're going to -- it would actually use this much or not. Would it not be wiser to continue like we're going, and pay-as-you-go type of thing, and then look at that overall number in the end? I mean, if -- if I were presenting this thing and I asked -- and you approved it, I would make sure that it was spent. Not really, but some people would. I mean, I just don't know if that's a wise way to do it. COMMISSIONER LE'"Z: I think you have a good point, but I think -- I hate to use our time in every meeting to do a budget amendment, but I think maybe doing half the amount or a quarter of the amount or some amount to go for a couple of months, and then maybe we can look at it, may be appropriate. COMMISSIONER WILLIAMS: I'd like to ask - l a - G 4 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 57 Franklin, how'd you come up with this particular $8,900, Franklin? What's the basis of that? MR. JOHNSTON: Seven months is actual amounts which we -- you know, time, just hourly amounts. And the last four months is based on that average, so it's almost guaranteed. It wouldn't be exactly that amount, but it should be close to that amount. COMMISSIONER WILLIAMS: Okay. COMMISSIONER LETZ: I move that we add $4,000 to the Floodplain Administration budget. COMMISSIONER WILLIAMS: Well -- I was just going to ask a question. See if you can get a second first. COMMISSIONER BALDWIN: Where would this money come from? I can't remember what we -- what we dipped into. COMMISSIONER LETZ: I haven't -- COMMISSIONER BALDWIN: Does anybody know? COMMISSIONER LETZ: I haven't done that -- he left. COMMISSIONER BALDWIN: Good time to do it, too. COMMISSIONER WILLIAMS: Dave, do you remember? Did we stash some extra money when we reorganized for floodplain someplace? COMMISSIONER LETZ: I don't think we have anything stashed for floodpla_n, and I don't know where it's -i4-o~ 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 58 coming from. I mean, I think we need to talk to the County Auditor. (Discussion off the record.) COMMISSIONER WILLIAMS: I guess if we're going to do four, and three months away, and it's based on an average of what he's utilized over the last seven months, why deal with the issue again? Let's just take care of it. And if he doesn't spend it, he doesn't spend it. COMMISSIONER NICHOLSON: That's my thought also, Commissioner. COMMISSIONER LETZ: Franklin, in the -- the prior -- the seven months that we've gone through so far, have you taken out all of the training costs out of that budget? MR. JOHNSTON: Not yet, no. COMMISSIONER LETZ: So they're included in here? MR. JOHNSTON: There's still surplus in training and conferences. There's still some money left in that part of the budget. COMMISSIONER LETZ: Do you need any additional training? MR. JOHNSTON: I have one more scheduled. It's actually a free seminar in San Antonio, so the only expense will be the driving back and forth. n-19-o~ 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 59 COMMISSIONER LETZ: How much -- do you know how much is left in your training budget? MR. JOHNSTON: I don't have the budget with me. I think there's a couple thousand dollars left. COMMISSIONER BALDWIN: That you used to have. That just officially disappeared. COMMISSIONER WILLIAMS: May have just flew away. MR. JOHNSTON: May have gone. JUDGE TINLEY: $10,000 -- a little over $10,000 in Contingency, Nondepartmental. COMMISSIONER BALDWIN: We may end up taking it out of Leonard's salary over there. MR. ODOM: He will have a problem. COMMISSIONER BALDWIN: Oh, Leonard's still here. MR. JOHNSTON: Sorry I don't have more information, but this was just kind of a -- this is what it is when we started in November; it was kind of a -- no, really, budgeting involved in it. All the money expended has just been on what was needed. You know, you have the time sheets, so it's -- COMMISSIONER BALDWIN: I understand you've been documenting, and I appreciate that. I tell you what, I am totally amazed, though, how much this thing costs. I am -i~-o~ 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 60 totally amazed. I had no idea. MR. JOHNSTON: We get people in, walk-ins every day. COMMISSIONER BALDWIN: I didn't realize he was doing that much work. COMMISSIONER WILLIAMS: Doing it for 5,000 bucks. COMMISSIONER BALDWIN: I know. MR. JOHNSTON: We do have a credit amount against that amount of a couple thousand dollars of actual fees that we've turned in, but that doesn't show up on the budget. But -- COMMISSIONER LETZ: We can pass on it and come back at the next meeting, let Franklin get with the Auditor and see where they can find the money. COMMISSIONER WILLIAMS: We're likely to have to be back at 1:30; we can take it up this afternoon. There's a 1:30 timed item. JUDGE TINLEY: That may be the best thing to do, is to come back and pick that up. COMMISSIONER LETZ: At 1:30? JUDGE TINLEY: At some point. COMMISSIONER LETZ: I'd recommend we do that. I withdraw my motion. JUDGE TINLEY: You're withdrawing your b-i~-o~ 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 motion? COMMISSIONER LETZ: Yes. JUDGE TINLEY: Okay. We'll come back to that item, then. Let's go to Item Number 15, consider, discuss, and take appropriate action on plan to address concerns regarding elements of the City of Kerrville's Uniform Development Code that affect development in unincorporated areas of Kerr County and Kerrville/Kerr County Airport. COMMISSIONER WILLIAMS: Judge, I -- Jon, I gave you one. I'm just going to hand out two more. I put this on the agenda because there is a lot of concern going on around town, as you've read in the daily newspaper, about the U.D.C., and much of that doesn't have anything to do with Kerr County Commissioners Court or the County's ability to regulate development in the Subdivision Rules and Water Availability Rules, roads, et cetera, stormwater. But there are certain sections of this that do have a direct meaning and impact to Kerr County, and so I attempted to put together sort of a summary of what those are. But I put in the -- in the packet for you awl of the U.D.C. sections that have some bearing on Kerr County and its operations with respect to development. I think most notable is -- are those sections I've highlighted, and for whatever -- for whatever reason, Section 1.4.2 establishes that City of Kerrville "shall be th,e primary platting authority within E-_ _-~~- 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 62 the ETJ, in accordance with the interlocal agreement with Kerr County." Needless to say, that agreement doesn't exist. And, so, that just sort of crystallizes for me the need for us to talk about how this proposed U.D.C. affects Kerr County and our ability to regulate what we do in the unincorporated areas of Kerr County. Sign ordinances, for example. That which is being proposed would apply to every business that operates in the unincorporated areas of Kerr County within the City's ETJ. And there are other things, and I recognize that we certainly still have time to sit down and work out with the City who's doing the plat review process and how that's going to take place, because the Legislature, I believe, gave us an extension till '06. Is that correct, Commissioner? COMMISSIONER LETZ: Yes. COMMISSIONER WILLIAMS: April of '06. But these other matters that are in here that I've highlighted for the Court have other significance, and if this thing gets put to rest, as it is headed to be doing -- to happen, by City Council after the review process goes on with Planning and Zoning, we may have gotten there after the gate's shut. And, so, what I -- what I have proposed was first a discussion among the Court, and now I just handed you what would be the basis of a resolution which -- which 6-14-04 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 63 would enable us to get together with the City -- City Manager and City Attorney, at the direction of the City Council, with representatives from this Court to sit down and work out these matters before it becomes nailed in place by the city government. So, that's what we need to talk about. COMMISSIONER BALDWIN: Let me ask you a question. What is the -- what does the state law say about the authority in the ETJ? COMMISSIONER WILLIAMS: Well, we regulate -- we regulate, under Kerr County Subdivision Rules now, everything outside of the city limits, and I think that's always been -- been an issue, hasn't it, Commissioner? COMMISSIONER LETZ: Yes. COMMISSIONER WILLIAMS: There are conflicts that apply in the ETJ, and I think this only makes them -- illustrates them greater. COMMISSIONER LETZ: I think -- I mean, my frustration with this has been -- and I think Commissioner Baldwin and I were appointed by the Court to represent the Court on the committee here. Basically, what you're referring to in your resolution. is that the City of Kerrville has refused to -- to meet with us until they come up with something to meet on, and they can't -- they haven't done that in over a year. I don't really know -- I mean, I E-i~-u~ 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 64 think I'm certainly in favor of the resolution. The City -- I know, one-on-one, I have sat down with Ron Patterson and gone over how I feel, and basic concepts that I think the -- the rules for platting subdivisions should be handled in the ETJ. I don't think we had any great philosophical differences there. Little bit -- you know, but there are some differences, clearly. But the -- the basic answer was, they wanted to get the U.D.C. behind them so they know what they were going to work with. Well, it's like the chicken and the egg. I don't think we can wait for them to finish the U.D.C. I think we need to come up with a plan before they finish the U.D.C., because it needs to be incorporated in it. And -- COMMISSIONER BALDWIN: We've said that numerous times. There are areas around the city limits of Kerrville that they need to participate -- that they need to have the authority in. There's no question of that, because the growth is going there, and you can see it going out that way and everything. But, on the other hand, there are areas that is -- there is no growth, and probably will never be any growth in our life and time, and we shouldn't be applying city rules and regulations to those areas. It's ridiculous, in my opinion. So, like -- and Jon and I mentioned that several times. But in our meetings with the City over the years, I try to ask this question every time -1g-o9 1 2 3 4 5 6 7 8 9 10 11 12 _. 13 14 15 16 17 18 19 20 21 ?? 23 24 25 65 we're in there. Who has the authority in the ETJ, as far as planning is concerned? And they always say, "We do." I'm wondering if David, right off the top of his head, would have a different answer. MR. MOTLEY: I wouldn't give you an answer right off the top of my head. I like to get a -- COMMISSIONER BALDWIN: Okay. But I think -- I think that this is going to.-- excuse me, Bill. COMMISSIONER G~'ILLIAMS: That's okay. COMMISSIONER BALDWIN: I just think that that's going to be one of the keys, before we can get too far down the road. If the state law establishes -- established the City having control in the ETJ, I mean, we're just going to have to work out a buddy-gentlemen type agreement with them, if we can. COMMISSIONER LETZ: But I don't think what you said is the law, personally. I think that -- I don't think that the -- I think there is joint authority in the ETJ, but I do not believe the City has ultimate authority in the ETJ. That's my belief. But -- MR. MOTLEY: Y'all making reference at all to that common subdivision improvement plan that was passed, and then kind of -- COMMISSIONER LETZ: Right. MR. MOTLEY: -- disarmed, and then tried to ~-1~-0~ 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 66 pass it again? COMMISSIONER LETZ: Well, that's part of it. I mean, and I think the -- I mean, I think that it's good business for us to have one set of rules in the ETJ, but even beyond being good business, it's going to be the law -- or it is the law; we just have some time to enact it, which is 2006. But I think we need to get it done as soon as we can. You know, but I'm in favor of, you know, the resolution, but the only thing I would possibly change would be that the representatives of the Commissioners Court -- I think we should designate who they are, 'cause we've already done that. COMMISSIONER WILLIAMS: That's fine. COMMISSIONER LETZ: And I don't know that we should designate -- really tell the City who they should appoint to the committee. They can appoint whoever they want. If it's the County Attorney and the City Manager, so be it, but if they want it to be the mayor and the City Councilman, so be it, too. COMMISSIONER WILLIAMS: That's fine. I have no objection to either of those thoughts, Commissioner. And my only reason for doing it today was, I do -- there is a sense of urgency in that if this process that's underway on behalf of the City gets to the City Council and it is enacted, then that's kind of like shutting the gate after E-14-"4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 67 the horses get out, as far as we're concerned. We're not going to get back in. So, I think we need the opportunity to talk about it in advance, and I don't believe it is appropriate for Commissioners Court to stand in line in front of the P & Z waiting its turn to talk. That's the whole purpose of it. COMMISSIONER LETZ: I agree. I appreciate your resolution. I think we do need to get something on record to the City that we object to parts of the U.D.C. that affect Kerr County, and not being consulted. COMMISSIONER WILLIAMS: You may want to offer an amendment to strike the two suggestions for the city. You know, I'm cool with that; that's okay. JUDGE TINLEY: Commissioner Letz, you and Commissioner Nicholson have been working with the City on the airport issues; is that correct? COMMISSIONER LETZ: Commissioner Williams. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: Jonathan and I. JUDGE TINLEY: Where'd I get the idea that COMMISSIONER NICHOLSON: We changed a month 23 or so 24 25 6- 14- ~4 JUDGE TINLEY: Okay. Okay. COMMISSIONER NICHOLSON: Commissioner Letz you had gotten involved? 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 68 replaced me. JUDGE TINLEY: All right. Okay. You know, the airport is a major component of that entire situation, so the thought occurs to me that possibly our designated representatives should be Commissioners Letz and Nick -- and Williams on the totality of those ETJ issues, as well as the airport. COMMISSIONER BALDWIN: No. JUDGE TINLEY: No? COMMISSIONER BALDWIN: No, I'm on it. I'm staying on it. COMMISSIONER LETZ: I think -- I think that it's important to have either Williams or myself as a representative, 'cause we are -- because of the airport issue, but I don't see any reason to make a change. I think Commissioner Baldwin and I started running with it. JUDGE TINLEY: Y'all have been working specifically on the ETJ? COMMISSIONER LETZ: Yeah. JUDGE TINLEY: Oh, okay. COMMISSIONER WILLIAMS: I don't have a problem. JUDGE TINLEY: I stand corrected. I was not aware of that. COMMISSIONER WILLIAMS: And, as I noted in -l~-o~ 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 69 the backup material, Commissioner Letz and I both referenced the airport overlay zone in one of our recent meetings, and we received some answers, but I don't think we received any definitive answers, and we certainly didn't have any opportunity to examine what was put before us or offer any counter suggestions. So, I think it's -- as far as the airport overlay zone is concerned, we can deal with that -- he and I can deal with that in our airport meetings, and Commissioners Letz and Baldwin can continue as they were appointed before. COMMISSIONER BALDWIN: So, let's approve this COMMISSIONER WILLIAMS: He's making some suggested changes. COMMISSIONER BALDWIN: Is it in English or German? COMMISSIONER WILLIAMS: Not sure. COMMISSIONER LETZ: Depends if I can read it or not. Be no change in the first part of the resolution. It would be the "Now, therefore, be it resolved that the Commissioners Court of Kerr County formally requests that the City Council of the City of Kerrville designate representatives to meet with Kerr County Commissioners Letz and Baldwin for the purpose of proposing solutions to those portions of the U.D.C. which appear to violate existing law F-,1~-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 70 and/or interfere with existing rights and obligations of Kerr County." COMMISSIONER BALDWIN: What's funny about it is, we have already sent one letter over there basically saying this exact same thing. COMMISSIONER WILLIAMS: What you struck is on Line 2 of it. You're striking, "delegates City Manager and City Attorney," and just substituting "designate representatives of the City Council to meet with...," taking out "appropriate representatives" and substituting "Commissioners Letz and Baldwin," right? COMMISSIONER LETZ: Correct. I'll so move. COMMISSIONER BALDWIN: And my -- we might see if old David could get an afternoon off and go with us sometime, too. COMMISSIONER WILLIAMS: County Attorney -- County Engineer had his hand up. MR. JOHNSTON: It's not directly related, but kind of a related item. I think the last Legislature passed a statute that said that all buildings, houses and commercial, in the counties have to meet the 2003 International Building Code. I don't know who -- who enforces that. That's kind of another issue. you for it. COMMISSIONER LETZ: You do, but we don't pay F-,-~-o~ 71 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 NICHOLSON: What I think we're seeing here is sort of the tip of the iceberg. I think I can see that there's a fundamental difference in the philosophy of government of Kerr County compared to the city, and it seems to me like Kerr County government usually endorses the principle of limited government, not getting involved ir_ regulation of law and things that are -- are unnecessary. And it seems to me like the City of Kerrville is about 180 degrees out of phase with that kind of thinking. So, we need to deal with these specific issues, but when it comes to joint operations and budgeting and those sort of things, I think there are more deep-set, philosophical issues that we're going to have to address. JUDGE TINLEY: Good point, Commissioner. Excellent point. COMMISSIONER WILLIAMS: Did you move it, or -- COMMISSIONER LETZ: I moved it already. COMMISSIONER WILLIAMS: I'll second it. JUDGE TINLEY: Motion made and seconded for approval of the resolution as modified. Any further questions or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. 6-ig-o9 72 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 (No response.) JUDGE TINLEY: Motion does carry. COMMISSIONER WILLIAMS: Kathy, I have it marked. JUDGE TINLEY: I think probably the best thing to do, why don't we take a recess until about a quarter of? (Recess taken from 10:35 a.m. to 10:45 a.m.) JUDGE TINLEY: Okay. Let's come back to order, if we could, please, and reconvene the Commissioners Court meeting scheduled for this date. The next item was a timed item at 10:30. I apologize again for getting at it a little late. Item Number 7, consider and discuss and take appropriate action on revisions to the Intergovernmental Agreement relating to Texas Community Development Program and Texas Colonia Construction Fund awards between Kerr County and the Upper Guadalupe River Authority. Commissioner Williams? COMMISSIONER WILLIAMS: Judge, I put this on 'cause about a month ago, Greg Etter, U.G.R.A. General Manager, met with me and called to my attention the fact that the current -- the proposed irrterlocal only made reference to one phase of the project, and not the subsequent grants that Kerr County had received, and which 6-1e-04 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1~ 16 17 18 19 20 21 22 23 24 25 U.G.R.A.'s partnering with us on this particular project. So, Greg -- Greg, if you will come to the podium and help me through this? MR. ETTER: Yes, sir. COMMISSIONER WILLIAMS: Greg called to my attention what I just said, and there may have been a couple otYier modest revisions, but I'll ask him to come before you this morning just to highlight where we are with this, and we'd like to get it -- the revised in front of you. The reason why the original document wasn't signed was because it was sent over to U.G.R.A. at a time when there was significant changes underway or taking place, and this just kind of fell through the cracks. When Greg picked it up, he noted the deficiencies in the one that we adopted, and took steps to try to get that rectified and get everything that we are trying to do together, inclusive in one document. Greg, if you will, if you'd like to enlighten the Court a little bit, I'd appreciate it. MR. ETTER: Yes, sir. That's a pretty good summary. I view this hopefully as generally a housekeeping matter. As Commissioner Williams said, there was an agreement proposed by the County in February of last year that was then sent over to U.G.R.A. It only addressed Phase 2, and, as y'all know, there are Phases 2, 3, and 4 upcoming on the Kerrville South project. I think we have a h-14-~~ 74 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 good working relationship on a day-to-day basis. I think we all know what the, quote, business deal is, but I think we do need a piece of paper that covers all of those phases. I took a look at the document that covered Phase 2, and it had -- as Commissioner Williams noted, it had quite a number of holes in it. For example, it didn't even state what amount of money U.G.R.A. was obligated to contribute. You know, it had a lot of typos, a lot of ambiguities, in my view. And what I did is took the liberty, after speaking with Commissioner Williams, to go ahead and get our counsel to draft up a draft document that would reflect the business understanding that I think we're all on the same page on, and clean up some of the ambiguities and make certain that it covered all of the phases that are outstanding with respect to the Kerrville South Wastewater Project. So, I've done that; that's the document that I shared with Commissioner Williams, and it looks to me as though you're looking through it, so I believe it must be in your board materials. It has been presented to the U.G.R.A. Board, and I have authority from them for it to be signed in substantially the same form by the president or vice president of U.G.R.A. So, that's -- COMMISSIONER WILLIAMS: I noted in the backup material that I had not had the opportunity to get it to the County Attorney for his review, but if the Court doesn't 'c-14-U4 75 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 have an objection, I'd like to get it approved subject to his review so that we can move forward and memorialize everything that we're trying to get done. COMMISSIONER BALDWIN: Second. JUDGE TINLFY: Yours was a motion, was it not, Commissioner Williams? COMMISSIONER WILLIAMS: Yes, sir, that was a motion. JUDGE TINLFY: Buster -- Mr. Baldwin recognized it immediately. COMMISSIONER BALDWIN: Yeah. COMMISSIONER WILLIAMS: We've got a good working thing going over here. We understand each other. JUDGE TINLFY: Motion made and seconded for approval of the agreement, subject to the approval of the County Attorney. Any further question or discussion? COMMISSIONER WILLIAMS: And authorize the County Judge to sign same. JUDGE TINLFY: And authorize the County Judge to sign the same. Any further question or discussion? COMMISSIONER NICHOLSON: This cleaning up the contract doesn't obligate us for any additional funding in any way? COMMISSIONER WILLIAMS: No, it -- no. What it does is memorialize that which we have received and 6-14-G9 76 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 U.G.R.A.'s obligation to the project at large. JUDGE TINLEY: Any further questions or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Thank you very much, Mr. Etter. We appreciate you being here today. MR. ETTER: Thank you, Judge. Appreciate the opportunity, and appreciate the opportunity to work with y'all on Kerrville South. It's a good project, and we'll go forward with the contract. JUDGE TINLEY: Thank you, sir. COMMISSIONER BALDWIN: Thanks, Greg. JUDGE TINLEY: The next item on the agenda was a timed item for 10:45. We're catching up very slowly here. Consider and discuss and take appropriate action on request to lower the water level in Flat Rock Lake. Also, discuss concerns for public safety and recreational fishing at Flat Rock Lake due to storm, debris and sediment buildup in the lake. This item, as I say, was -- Item 8 was set for 10:45. Commissioner, Precinct 2, Commissioner Williams. COMMISSIONER WILLIAMS: This is -- kind of a s-i~-o~ 77 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 strange series of events took place, Judge. First, we got a memorandum from Road and Bridge Department regarding the request that they knew nothing about for lowering the lake level, and I think they'd looked that over. I guess everybody got it. I certainly had it, and I looked at it; didn't know much about it, and -- and didn't know exactly how to proceed. Then, all of a sudden, one day I get a visit from -- from a gentleman named Mike Bell, and Mike came in to talk to me a little bit about the condition of the lake with respect to the shallowness of it, how the sediment and gravel and so forth have built up, and the -- and the debris in the lake, and how the fishing has deteriorated and so forth. And, while Mike and I had talked about how to get this on the agenda for the Court to discuss and become aware, another gentleman showed up, and his name is James Smith, and he represents the contractor who's doing work for the City over at the park site -- what was the state park on the other side of Flat Rock Lake. And, so, after talking to all these gentlemen, I said, "Fine, we'll put this on the agenda." I certainly want to hear the concerns Mike Bell has about the lake in general. We're also here to talk about Mr. Smith's contract with Lhe City with respect to lowering the lake and doing some -- some repair work over on their side adjacent to the park. Needless to say, whatever work took place from c-14-04 78 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 the date that Mr. Smith got here, which is after they had started work, and today probably will have to be done over, 'cause the river took care of what the river takes care of, like no one else can do. So, why don't we hear first from Mike Bell, 'cause he came to me first. And, Mike, tell the Court your concerns about the lake itself, and then we'll deal with Mr. Smith's request for lowering the lake. MR. BELL: Gentlemen -- JUDGE TINLEY: Come forward to the podium, if you would, please. Give your name and address to the reporter. MR. BELL: Thank you, Judge. Mike Bell. My address is 1708 Broadway here in Kerrville. Main thing is, gentlemen, is the lake is silting in, filling in. We -- I say "we." In 1989, the State decided tv lower that lake, and did so, and they done it in the month of February, which is -- for us fishermen, is right in the middle of the -- beginning of the spawn. And they lowered it for a fairly long time, and then -- I don't know whether they run out of contract money or what, but they -- they brought the lake back up in April, then decided to go ahead and finish the fishing dock for the state park in May, and so they lowered it again. That killed two spawns. While the lake was down, I observed several people down there zinging the fish out of the lake, and which is very much against the law. But, as -i~-o~ 79 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 all know, the wardens have their job cut out for them here. They've got an awful large area and a very -- very limited staff. What I would really like to see is, find some way of maybe getting the sand and gravel people or somebody like that interested in cleaning that lake out, because there's still a lot of gravel and stuff in there that could be reused. But mainly, main thing is -- is clean the lake out. Mainly, you'll have to drain it to do that. That's where me and Mr. Smith may see eye-to-eye on that, on draining the lake. Make some -- make some arrangements to clean it out. One of the main things that's a real -- as far as we're all concerned, is an eyesore, is when they built the Third Creek walk bridge, those two tubes are still out in the middle of Flat R~c:k. It's been almost two years now, and this would allow the County to go out and retrieve them, or whoever -- whoever has the contract to go out and retrieve those two, and maybe put the walk bridge back in, if y'all see fit to put that back in. There was a time when you could go to that lake, and -- and it may take you all day, but you could catch pretty well a limit of fish. Which we hold Wednesday night tournaments on that lake, not every Wednesday night, but every third Wednesday. We have them at Flat Rock, U.G.R.A., and Ingram, and we rotate those out so we don't b-14-iJ 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 80 pound -- you know, pound severely one lake. We had 21 fishermen on that lake for three hours, which comes to about 63 hours. There were four fish caught, and only two of them were weighers. And we've got some pretty good old boys in our fishing group that -- they have won lots of tournaments and stuff, and they're -- I mean, they're no rookie. But, you know, it's very -- very bad as far as fishing conditions go. It's dangerous for the recreational people. I pulled I don't know how many off of rock piles and stuff like that, that have been developed during the floods. And it took -- I don't think it's -- as far as my research goes, I don't think it's ever been cleaned out, so it would take that long to get this bad again. And, so, if we cleaned it out, it would be for the betterment of the county, the new city park over there, and all the residents. And, basically, that's -- that's what I have to say. COMMISSIONER BALDWIN: We could get the State to come along and stock it with some great fish, and then don't allow motors on it, huh? MR. BELL: Doesn't matter to us. We -- we don't care if you don't, as long -- see, we had that out with the City for U.G.R.A. It is not feasible for me to take my 200-horse motor off my boat in order to fish the lake. If we could get it worded like the City has it worded for U.G.R.A., that would be probably the way to go. And if ~-i~-o~ 81 1 .,,.., 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 :3 24 25 you want to, you know, knock out all combustible engines, that -- that's fine with us. COMMISSIONER BALDWIN: Actually, I was just kind of joking, see if could I get you riled up, but -- MR. BELL: No, sir, but you're -- the main reason -- COMMISSIONER BALDWIN: I think it's a wonderful idea. MR. BELL: The main reason you're not going to get a rile out of me is because I went through the jet skis this past weekend, and -- and you're not going to get an argument out of me. It's -- that lake is for jet skiers and pleasure boaters. If you don't know where to run, don't run. COMMISSIONER BP_LDWIN: Yeah, I agree. MR. BELL: Because it is very dangerous. We've got -- I really like to save the stumps for cover, but there are stumps that are no -- no more than 4 inches below the surface of the water. There is also huge rocks and rock piles that are no more than 1 foot below the water. If a jet skier running along there at 40 mile-an-hour falls off, he's going to go a whole lot deeper than a foot. COMMISSIONER WILLIAMS: Mike generously offered to take me for a ride on Flat Rock Lake to see all this firsthand, and I'm going to do that. The flood kind of E,-1~-n9 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 postponed -- MR. BELL: Flood kind of knocked us off of that. COMMISSIONER WILLIAMS: -- our departure from the boat ramp. But I'm glad to hear the Commissioner say what he said a minute ago, because people on -- that live on the Bandera Highway side have talked to me over and over again -- MR. BELL: Yes, sir. COMMISSIONER WILLIAMS: -- about how their bulkheads and their property's eroding from wave action created by power boats who don't have a lot of respect for people's property, so that's something we need somehow to deal with. MR. BELL: Well, there's so many people out there that don't have respect for other people on the water either, so -- COMMISSIONER WILLIAMS: Well, that's very true. MR. BELL: And that lake is really -- I think, myself, that that lake is too small to be running 20-foot outboards up and down that lake several times in a row. COMMISSIONER BALDWIN: I agree. MR. BELL: You just -- you get a -- you get 6-14-04 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 soil erosion, plus you don't make any friends doing that, either. COMMISSIONER WILLIAMS: I've got some information I'm beginning to assemble on how -- how we might be able to improve it. All it takes is money. MR. BELL: Yes, sir. COMMISSIONER WILLIAMS: Right now, we don't have that money. We'll have to figure out whether or not we can find that money to do something about the lake in general. I would like to suggest to the Court, though, that perhaps we can engage our Road and Bridge Department to figure out a way to get those tubes out of the water. They have been there now two years-plus, going on three years. MR. BELL: Yes, sir. COMMISSIONER WILLIAMS: And they are an eyesore. They are a safety risk, hazard, and they need to be taken out of the water, and they're our property. So, probably the sooner we get them out of the water, County Engineer, the better. So, I'm just kind of running this by you so you hear it, and maybe we can figure out a way to do that. Thank you, Mike. Appreciate you coming. MR. BELL: I'd like to -- COMMISSIONER WILLIAMS: Part of this issue now -- COMMISSIONER NICHOLSON: I've got one c-l~-o4 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2.1 22 23 24 25 question for Mr. Bell. MR. BELL: Yes, sir? COMMISSIONER NICHOLSON: Some of my neighbors have inquired about draining Ingram Lake and cleaning it up. It's been several years since we did that, and they -- they suggested that January-February was a good time to do that. MR. BELL: Well, see -- COMMISSIONER NICHOLSON: I didn't ask them that, but I assume it's got to do with recreational use? MR. BELL: Yes, sir. COMMISSIONER NICHCLSON: In your opinion, if you're going to clean up a lake and drain it, when's the best time of year to do it? MR. BELL: Well, in Flat Rock's condition it is right now, any time of year would be great, because what we're going to do is start anew. It's going to take a lot of phone calls to get, number one, Jesse James, our -- our regional biologist, back up here to get another shocking survey done, because that's what they go by; the amount of fish to put in is by a shocking survey. Then you're going to have to contact a lot of -- like, the people at Athens, that hatchery at Athens, because we do not -- we no longer have a hatchery; that's a research center out there. So, we have a hatchery outside of Athens that services our area and -- and points south. We got 53 brooder bass at one time -i9-u~ 85 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 from the federal facility down at -- I think it's Uvalde, I believe. And, of course, that was put in the newspapers, so every -- everybody and his brother was out there trying to catch them 50 little old fish. JUDGE TINLEY: Mike, what about in lakes where there's a reasonable fish census? What's the best time to -- MR. BELL: Your best time actually would probably be in the middle of the dead of summer, which is going to really -- your people are really going to scream, because that's -- we know it as a ski lake. The fishing community knows it as a ski lake, and we only fish that lake a certain amount of the time, and then we disperse from that lake because of the skiers and stuff like that. We have had tournaments where jet skiers have run up into other boats because of lack of control. This kid just literally come right up in one of the participant's boats. Luckily, it wasn't running very fast and didn't tear up a lot of equipment, but the guy that was fishing had his little girl with him, and it knocked her down, and it was all we could do to get that skier out of there alive, because daddy was fixing to come unglued. So -- COMMISSIONER NICHOLSON: Mike, what's your opinion of what kind of condition Lake Ingram is in? MR. BELL: Ingram is in -- as far as fishing E- i 4- 0 4 86 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 goes, Ingram's not too bad. We just -- in fact, that was the last place we went before the flood, and we had one fisherman that -- that weighed in 7 pounds, and that was in two fish. So -- and we had several -- we had, like, I think 12 or 13 fish weighed in, so, that's -- that's really -- our top lake, of course, is U.G.R.A. We spent a lot of time building those brush piles and stuff before the lake came up, and -- and even the telephone company helped us with that with cable to tie it off where it doesn't, you know, disperse and go downstream. So -- COMMISSIONER WILLIAMS: Thank you, Mike. MR. BELL: Thank you, sir. COMMISSIONER WILLIAMS: We appreciate you coming before the Court. JUDGE TINLEY: Appreciate it, Mr. Bell. COMMISSIONER WILLIAMS: Then came Mr. Smith, and Mr. Smith has a project going on behalf of the City of Kerrville and its new park, and his request is to lower the lake. So, I invited Mr. Smith to be here today, and he has provided the basic plan, which is in your packet. And he also provided me a copy of -- at my request, a copy of the permit to dig in the river. I have to tell you gentlemen, I misplaced it, but he did provide it for me, and Kathy made me a copy of it, but I couldn't put my finger on it today. Mr. Smith, why don't you come tell us about your project? 6- i 4- C 4 87 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 TINLEY: Give your name for the reporter. MR. SMITH: Okay. James Smith. I'm from Del Rio, Texas. I'm a superintendent for Sundown Construction, which is doing -- we're reviving the Lakeshore in the state park, and what we're doing is, we got to dig down to flat ground -- MR. BELL: Bedrock? MR. SMITH: Well, not really bedrock. It's more of a sandstone-type rock. Anyway, we're going to set in 1,500-pound rocks, square boulders, and we're just going to put grass and trees, and we're going to try to restore the bank that's washed away. 'Cause if you got maybe one or two more floods, you're not going to have no trees in the state park. I don't know if any of y'all have been out there to look at it. Just -- the actual roots and stuff are sticking out of the bank. You're fixing to lose everything in the state park, trees-wise. We had one big flood just -- what, last week? It come up 18 and a half feet. I had excavated more than probably 8 foot in -- in the park there, and I got over 9 foot of gravel filled back in, so I got three weeks of work wiped out in one day. So, the lake is really filling in. Where I'm working at, a foot and a half, 2 foot of water is all you got there. The rest of it's gravel for quite a ways. e-i~-u9 - --- 88 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 WILLIAMS: And so you want to lower the lake? MR. SMITH: Yes, sir. COMMISSIONER WILLIAMS: How are you going to do that? MR. SMITH: Well, we only got, like, a 30-inch outlet. It's going to take a long time for that, if you even open up -- it's just got, like, a plug in it. If you open that up, it's going to take probably a couple months even to lower it down a couple feet. So, there's baffles, pumps can be put on the dam to increase the flow of water. I mean, you're not going to increase it like a flood, because it has no outlet but a 30-inch pipe. It goes through there, and the only way to do that is either baffle it over with some 12-inch or bigger pipe, or set some pumps out there and pump the water over the dam. Has anybody been to the dam? I went there this morning. It's got some pretty big cracks in that dam. COMMISSIONER WILLIAMS: Pardon me? MR. SMITH: They've got some pretty big cracks in that dam. COMMISSIONER WILLIAMS: We'll talk about that another day. MR. SMITH: Yes, sir. But, I mean, what I'm saying is -- I'm just requesting it so I can do my job. I 6- 1 4- ~ 4 89 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 mean, it's a lot easier than trying to pump water around the lake. COMMISSIONER LETZ: How -- who's going to pay for -- MR. SMITH: Well, it looks like I am -- my contractor is, because we're trying to perform a job. I mean, and I'll probably put the manpower in to lower the lake. I just got to get permission from you to do it. COMMISSIONER LETZ: Okay. JUDGE TINLEY: You say you have a -- a permit from the state of Texas? MR. SMITH: Yes, sir. Yes, sir. JUDGE TINLEY: Does that include lowering the level of that impoundment? MR. SMITH: I really don't know that. COMMISSIONER WILLIAMS: I don't think -- MR. SMITH: Mine only shows just for digging in the lake. JUDGE TINLEY: Okay. MR. SMITH: I've talked to everybody, and the way that they told me, even the State, y'all are the ones that says if it's lowered or not, not them. They have control of digging in the lake, Corps of Engineers. COMMISSIONER WILLIAMS: I believe his permit was to dig and remove sediment and stuff of that nature. E - ~ 4 - 0 4 90 12 „_ 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 17 18 19 20 21 22 JUDGE TINLEY: What effect, if any, in your opinion, would -- would discharging this amount of water downstream have on downstream landowners or users? MR. SMITH: You're really not going to discharge that much water out of it. I mean, you're talking about maybe a third of a flood of water going down through there. I mean, maybe not even that much. What you're going to get out of there, even with 12-inch pumps, are not even going to match not even a quarter of what you get in a flood. JUDGE TINLEY: So, negligible or no effect to downstream owners? MR. SMITH: Only when you backfill, is where you're going to -- you're going to lower the stream of your water. COMMISSIONER WILLIAMS: I don't know if you know this or not. Are there any permitted water rights users who pull out of Flat Rock, or do they pull it below Flat Rock? MR. SMITH: I think they pull it below Flat Rock. I really don't know. COMMISSIONER WILLIAMS: Do you know, Mike? MR. BELL: Yes, sir, there's one person that is allowed to pull out of that lake, and that's Mr. Meek -- or used to -- Carl would pull out for irrigation across the 23 ~. 2 4 25 6 19-09 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 91 road over there. But since the rains have come, I don't see -- his pump's not even down there any more. He had a big diesel pump down there, and it's not even down there any more. So -- COMMISSIONER WILLIAMS: I do have another question about the drawing that you gave us, Mr. Smith. How -- you're going to go all the way down to what you call bedrock or whatever, something like that. MR. SMITH: It's the floor of the lake. COMMISSIONER WILLIAMS: How high are these big blocks going to be, and how high up are they going to be? Are they going to be above the surface of the water, ultimately? MR. SMITH: No, they're going to be 1 foot -- 1 foot above the ground, whatever the floor -- the ground of the park is, so it might be 2 foot out of the water. COMMISSIONER WILLIAMS: They may be 2 feet out of the water? MR. SMITH: It depends on where the -- where the bank is. It's going to be at the same heighth as the bank is. COMMISSIONER WILLIAMS: Are there going to be appropriate warnings for boaters? MR. SMITH: Yes, it will have a dock there. I mean, the dock is going to be there, too; we're going to 6-14-G4 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 92 re -- the dock's unusable right now. It's been unusable for quite a while. MR. BELL: dock is nonexistent, and only thing that is still I noticed y'all were cle definitely be a plus for weekend recreation. Well, the -- the actual boating where y'all are working there, the existent is the launch ramp area. ~ning that out, too, which that'll people coming into the area for MR. SMITH: I was told at one time you could go right there at the boat dock and jump in, and you couldn't touch the bottom, put your finger up. Now you can walk out there and the water's that deep. MR. BELL: That's true. MR. SMITH: Five feet out. COMMISSIONER LETZ: How far out -- I mean, if I understand it, you're basically digging down through all the gravel and junk next to the shoreline, putting in big rocks and -- basically, foundation. How deep is it going to be next to the rocks when you leave? I mean, so you're basically making, like, a channel, right? MR. SMITH: Yeah. Well, it shows it in the -- I have a better plan, if y'all want to view my actual construction plan. What I sent y'all was -- just shows what's going to be done there. That's what it's supposed to look like. 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 93 JUDGE TINLEY: 9 feet. COMMISSIONER LETZ: About 9 feet. JUDGE TINLEY: We'll, if you're going off of 9, 6, base of 8,7, it's going to be about 9 feet. MR. SMITH: If you open that a little bit more, it will show you the river side. COMMISSIONER LETZ: Okay. COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: Base of 8, 7, and it would indicate that this is -- COMMISSIONER LETZ: Right here, 9,3. JUDGE TINLEY: Yeah, okay. (Discussion off the record.) JUDGE TINLEY: 9,6 at the top is what is indicated, just over 9,5 -- yeah. Yeah. COMMISSIONER WILLIAMS: And you're going to put in these anchor buoy floats? MR. SMITH: Them are already in there; that's what got destroyed by the flood, them buoys out there. What that is, it's going to be removed out there, 'cause that's called a cabidian (sic) barrier, keeps the waves from coming in, washing out all the material while we're working there. COMMISSIONER WILLIAMS: How long do you anticipate the lake level would have to be reduced? MR. SMITH: I'm going to say probably about -i~-o~ 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 94 -- time -- I'm going to say about two months at the most. COMMISSIONER NICHOLSON: When you put the plug back in to fill the lake back up, does that mean there's no water flowing downstream? MR. SMITH: No, you have to keep a flow of water by -- by the state law and federal law. You have to have either pumps or something pumping water over that dam as it fills back up. JUDGE TINLEY: I think the minimum is, what, 25 cubic feet per second? COMMISSIONER LETZ: I guess my -- my only concern -- I mean, it seems like it's certainly worthwhile, and we support doing it. And I know you don't have any control -- or I guess you're on-site right now. The timing is not ideal. Because, I mean, granted, we've had rains recently. This is -- if you lower it two months, it's going to put us in the middle of August, early September, which is our -- probably not counting floods, our lowest flow level in that river, so we're going to be at the -- likely at the minimum flow, which is darn near dry in my part of the county, for the late summer. And I don't know if there's any -- anything we can do about that, but -- COMMISSIONER BALDWIN: Bill, Mr. Hufstedler's in the audience that was a manager for the state park, and is now a manager for the city park. And how he got in the E-i?-ou 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 95 building, got by security, I don't know, but nevertheless, he's in here. COMMISSIONER WILLIAMS: Why don't we invite him to talk? COMMISSIONER BALDWIN: I think he may have some information about this whole thing. JUDGE TINLEY: Thank you, Mr. Smith. COMMISSIONER BALDWIN: Always have a hard time getting him to talk. JUDGE TINLEY: Mr. Hufstedler? MR. HUFSTEDLER: Yes. COMMISSIONER LETZ: He came carrying maps. COMMISSIONER BALDWIN: Oh, no. COMMISSIONER WILLIAMS: It was your idea, now, remember. JUDGE TINLEY: Give your name, please. MR. HUFSTEDLER: Tim Hufstedler. I'm the Park Superintendent at Kerrville Schreiner Park. And -- well, tell me kind of what questions you have. I mean, I do have quite a bit of experience in working out there. Previously, the one that they were talking about, the project in '89 when we 1_owered the lake, at that point, the lake was never fully drained. Even during that time, which it was a particularly dry year, it never went dry by any stretch of the imagination. The closer you get to the dam, E-14-G4 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 96 the deeper it is. And the place where, for instance, that they were talking about where Meek used to have his intake, that thing was never out of the water. It wasn't even close to being out of the water during that particular project. The -- the reason that we want to make sure that this one is -- is done right is, like they're talking, the previous project did not use material of a substantial size to withstand flooding. They used upwards of 200-pound rocks, which I tried to tell them were not sufficient, and he said his hydrologist said that was fine. I said his hydrologist has never been here when the Guadalupe floods. And now that the minimum size is 1,500 pounds, now at least we've got a chance of retaining. This project will allow us, from the low-water crossing almost 600 feet downstream, to regain about 23 feet of lost shoreline and riverbank. When I came here in March of '81, the riverbank was about 33 feet out from where it is now, so this will -- this will get us about two-thirds of it back,' or roughly so. And the blocks that he's talking about sticking up just above the water should at least give us a chance to retain that. Right now, no one can use the area. It's just so much flood debris and gravel down there that, you know, there just -- there's no way to launch a boat; there's no way to -- to swim or really anything. And one of the reasons that U.S. Fish and 6- 1 4- U 4 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 97 Wildlife Service insisted that it be done this time of year was precisely what he was talking about. You want to avoid the -- the issue of doing things in February, when the -- a lot of the fish are doing their spawning, and so that was controlled by U.S. Fish and Wildlife and the Army Corps of Engineers, as far as issuing this permit to proceed. Other questions? COMMISSIONER LETZ: Question I have -- this is probably a little bit bigger scope, but how would we go about cleaning out that lake? I mean, to really do a major cleanout of it, where do you -- I mean, I presume it would be, you know, a -- hopefully a federal, state, with the City and the County helpinq a little bit to get it done. But where do you -- how do you get something like that started? MR. HUFSTEDLER: Well, the time before we only cleaned out along what was then the state park, and just went in on the various boat ramps with caterpillars and tracked vehicles, and they just started removing a lot of debris. I would assume that the same process would -- would be invclved throughout its length. There is a tremendous amount of -- of flood debris material in that thing. And, as a couple of the other people told you, when it was a state park, we used to have to go out there almost routinely and help people get back into shore when they damaged their motors, or in some cases almost destroyed the bottom of the G- 1 9- G 4 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 98 boat, hitting rock piles and submerged logs and things like that. It's -- as far as the whole scope of the entire project, I'm really not -- I don't have enough information to tell you how we would go about that, other than it would just have to be with -- with heavy equipment. COMMISSIONER WILLIAMS: Commissioner, I have some material that was forwarded to me; I've got it on my desk. I haven't had a chance to look at it too seriously; just got it last week, but there are at least a couple ways I know about, and maybe more. There's dredging equipment which you can rent, borrow, or whatever, at major expense. I do recall after one flood, when U.G.R.A. was still in control of the water treatment plant on what was then U.G.R.A. Lake, they cleaned out around the -- the water intake and behind the dam, and they did it to get rid of silt and so forth. They did it with drag line. And that was a time-consuming process, but it was done that way, so there may be other ways. But I'm going to investigate a little further and come back to court hopefully with some ideas. COMMISSIONER LETZ: Okay. JUDGE TTNI~EY: Mr. Hufstedler, in your many years experience out there, has there been similar shoreline erosion on the north side adjacent to the County's Flat Rock Lake Park? e-i9-o~ 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 99 MR. HUFSTEDLER: It does not appear that the erosion has been as severe, no, sir. There has been some. JUDGE TINLEY: Okay. MR. HUFSTEDLER: I mean, we can tell -- JUDGE TINLEY: You've indicated on the south side there, there's approximately a total of 33 feet, I believe you mentioned? MR. HUFSTEDLER: Yes, sir. JUDGE TINLEY: What would you estimate on the north side adjacent to Flat Rock Lake Park? MR. HUFSTEDLER: Probably on the order of 6 to 8 feet. JUDGE TINLEY: Okay. What about the deposit of -- of debris and -- and materials from -- from upstream, adjacent to the north side? MR. HUFSTEDLER: The only place that I've noticed a significant change is almost at the end of what we refer to as the county park, down closer to the area of Fish Island, where it's just -- I mean, it's just -- it's dry ground now in areas that people used to take their boats out behind it. So, the area down there has a tremendous amount of debris. One of the things that really -- JUDGE TINLEY: Between Fish Island and the north side of -- MR. HUFSTEDLER: Yes, sir. E i~ o~ 1 2 3 4 5 6 7 8 9 10 11 12 _~ 13 14 15 16 17 18 19 20 21 22 23 24 25 100 JUDGE TINLEY: Okay. MR. HUFSTEDLER: I mean, actually, I would really kind of refer that question back to people like Mike Bell, who are out there in boats all the time. We're not. Or U.G.R.A., when they get on the lake and do water sampling; I think they would be more knowledgeable about that. The biggest change that we saw of -- of stream flow occurred after the big bridge went up, and we knew that there would be some changes. But people who have been around here a long time tell me that that really changed the flow of where the water came, and, of course, that low-water crossing causes a lot of back up of debris. And this last time, it was -- eye witnesses said that there were backups of maybe 5 feet high before it broke over the top of that low-water crossing. So, there are a lot of things that have changed the character and the nature of the river flow. COMMISSIONER LETZ: I have just one more, I guess, comment. And I don't -- you know, I don't have any problem with lowering the level, I don't think. However, I think I may have a problem with pulling the plug, 'cause then I can see -- to use that 30 inches, because I don't know -- you know, if that hasn't been done in a long time, I'd sure hate to get something in there that would create a problem down the road. So, I would much rather use the pump option, even though -- that's just the option I would ~-i9-o9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 101 prefer. Pump over the top of the dam, as opposed to try to pull that plug. COMMISSIONER WILLIAMS: Isn't that what you're proposing, Mr. Smith? MR. SMITH: Yes. But I don't know whether I can get a big enough pump in there to pump that much water. You're talking about a big -- big -- MR. BELL: The way we did it last time is we took two 12-inch flex pipes, and then you put them in the water, put a cap over them, pull them over the dam, and that's how we drained it the last time down to the level of where the door is on the plug. Because the plug at that time was pretty well silted in and froze solid. You couldn't even -- MR. SMITH: Probably still is. MR. BELL: And it probably is now because of the floods we've had since then. But it took two 12-inch to pull it down to the level where we could clean out the door, and then we lifted the door and -- and left the 12-inches running, ar.d finally pulled it down far enough where the -- the -- yeah, where the state guys could go in there and put that dock in -- that fishing dock in. JUDGE TINLEY: Sounds to me like you're going to have to open that gate or the plug, whichever you want to call it, to really be able to effectively accomplish what -14-0~ 102 1 _ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 r., 25 you're trying to accomplish. Is that correct, Mr. Smith? MR. SMITH: No, he says that -- I wasn't here when they drained it the first time. He was. MR. BELL: No -- well, I don't know what the elevation of the bottom of the lake would be between the dam and the state park deal there. It may be that you could use -- just use those two 12's to pull it down just low enough where they could get in there and do their work. COMMISSIONER LETZ: Well, I just -- my only concern -- I mean, and I don't want to say you can't pull the -- or raise the door, however it is -- I have no idea what is even there. I just am worried about doing something like that without knowing what we're getting into. So, to me, I'd rather see us go with the pump route, and then, once -- if it gets low enough we can see what's up there, then maybe we -- you know. MR. BELL: Well, see, you can shut those tubes off at any time, too. MR. SMITH: Right, mm-hmm. MR. BELL: And that's a more efficient way of doing it; you don't have to have people out there watching it all the time, and -- and a motorized pump running all the time. It's just gravity-fed. COMMISSIONER LETZ: Just siphon it over the top. 6-19-C' 9 103 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 COMMISSIONER WILLIAMS: I think I agree with Commissioner Letz, because if -- instead of messing around with that gate or plug or whatever it is, there are other liability issues, and if something goes wrong, who's going to fix it? COMMISSIONER LETZ: Right. That's what I -- COMMISSIONER NICHOLSON: The last time -- I'm told the last time Ingram Lake was drained, they did pull the plug. And I'm wondering if Mr. Odom has any advice for us on -- COMMISSIONER BALDWIN: He does. COMMISSIONER NICHOLSON: -- on how that -- COMMISSIONER WILLIAMS: I'll bet he does. COMMISSIONER BALDWIN: He's got a smile on his face. Look at that. JUDGE TINLEY: I get the impression Mr. Hufstedler's glad to get cut of there. MR. ODOM: I'll let him take my place up here. When we pulled that last over at Ingram, it was a butane -- um, tank. And my understanding -- I've been talking to Doug, who was involved in it, and he is of the opinion that it's probably another plug. But it used to be a gate, but something happened -- and I listened and hear a gate. A gate or a valve or something we found back behind; it never was put in. Or -- or adapted in some way. So, we 6-~4-04 104 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 think there's a plug. Can you deal with it? I don't know. I did talk to Ray Lynch about a diver. We had to have divers at Ingram, and he told me that he was just about out of divers. He didn't know where he was going to get one; there's not hardly any in Ingram. So, you need divers to go out there and take a look at it. I'm not very good at snorkeling; 250 pounds sinks real fast. COMMISSIONER LETZ: You're certified, aren't you? MR. ODOM: That was a long time ago. Just 'cause I still carry the card doesn't mean I float any more. That was in younger days. But those are the things you'd have to look at, if we could even get to it. To -- or the gentleman -- Mr. Smith get to it. I understand that something out front there -- there's not bedrock; there is just soil that is very deep around the dam. We couldn't dig around the dam; we had to stay about 100, 150 foot back from that dam at Ingram so we could keep the seal on it. And that -- and then there needs to be a permit, is my understanding, is what we had to have from T.N.R.C.C., which is called something else now, and I think you need to do that. Austin would have to come down, certainly, if that plug is pulled, to look at the darn acrd inspect it. I -- it's only been done one time, and that was Jerry Menafee, I think. So, we don't have much data on it. I had more data -r4-o4 1 2 3 4 5 6 ~~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ,^ 2 4 25 105 on Ingram because of Ray Lynch, as a kid, remembered all of it before. But we would need some divers, and I would say you'd look at it, see if we could grab hold of -- of a ballast or the gate; I don't have the slightest idea. I've been out there to look, but I couldn't -- I really don't know. CUMMISSIONER LETZ: I'd recommend that we bypass that option and go with the syphoning option. Seems a lot safer to me. And, you know, I think if we need the permits or if you need to get the permits, you know -- COMMISSIONER WILLIAMS: Well, I believe they're in possession of permits. COMMISSIONER LETZ: That's for construction. I don't know if you need a permit to lower the level. Your comments were that we had the authority? MR. SMITH: Yes. That's -- MR. ODOM: And, you know, we don't -- as far as I know, I don't have any profiles to see. We had some profiles we found on Ingram, and I could go from that point to see if there was a hardpan that you could get on. My understanding, out toward the deep part, there's not much of hardpan at all. It's just -- it's siltation, and it's very deep, and I don't know how you get in and out. It's a question of just doing it. How do you get in and out? Where do you take the material? I had a very easy job, 6-~4-04 106 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 because it was across the street at Ingram there in that hole. You know, I've been -- I don't know where I would take this. And then it would tie up your trucking and your -- it would be a big project. COMMISSIONER LETZ: I don't think we -- I mean, at some point, I think we need to address cleaning out the lake, but right now, probably talk about lowering the level so that Mr. Smith's company -- MR. ODOM: I don't have an answer for the gentleman. I would assume there's a propane bottle put up there to plug that hole. COMMISSIONER BALDWIN: It's something like that, I remember. I have one more question for Mr. Hufstedler. MR. HUFSTEDLER: Yes, sir? COMMISSIONER BALDWIN: I know if you -- and this is a state question. Oh my god, he's got a gun. This is a state-type question. I know that if you change the course of the water, you have to get permission and permits and all those kinds of things. They don't like that. But do we -- does the County have the authority to regulate the level? MR. HUFSTEDLER: Provided -- and this information came from the successor of T.N.R.C.C., the Texas Commission on Environmental Quality. We had the Water E-14-04 107 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 Master come up, met in my office with Mr. Smith, and he said as long as the County does not stop the flow of water -- COMMISSIONER BALDWIN: Okay. MR. HUFSTEDLER: -- then you're okay. COMMISSIONER BALDWIN: Okay. COMMISSIONER WILLIAMS: I would move, Judge, that we permit Mr. Smith's construction company to use the siphon method and lower the level of Flat Rock Lake sufficient to accommodate the job at Kerrville Schreiner Park. JUDGE TINLEY: So long as the flow of water does not fall below state minimum? COMMISSIONER WILLIAMS: JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: way -- can we have the County Enginee eye on the thing for -- for funsies? COMMISSIONER WILLIAMS: idea. Yes, sir. Can we have some r just kind of keep an Keep us out of jail? I think that's a good COMMISSIONER LETZ: I'll second your -- your motion, but I agree -- to follow up on that a little bit, I'd like to more than keep an eye. When this level gets down, I would really encourage Road and Bridge to go out there and do some cursory inspection so we -- if we start developing a plan for doing some more long-term cleanouts. c-14-o~ 108 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 TINLEY: Mr. Smith? MR. SMITH: Yes, I'd like to work with them. I mean, I'd rather have them there with me while I'm doing it. MR. ODOM: May I -- JUDGE TINLEY: You may. MR. ODOM: To keep that flow going, I -- my Aggie brain thinking here -- I'm thinking you're going to have to keep that plug at a certain point. With that siphon, you're going to stop, and then it's got to fill up. How do you get flow out of that? Maybe you don't take as many siphons, maybe keep some flow, but that flow's going to be minimum. COMMISSIONER WILLIAMS: That's a good point, Leonard. MR. ODOM: And so 30 inches seems to be that flow level, I would assume. At least we would be meeting something there. So, I don't -- I think Mr. Smith needs to pull the plug, if I'm doing that. But if we're involved in it, I don't want to -- I don't want to spend time in the Sheriff's jail. I'd say that. COMMISSIONER LETZ: So, you're saying that to regulate flow in future, we need to figure out if we -- b-19-09 109 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. ODOM: At some point, you've got to stop. COMMISSIONER LETZ: The gate's going to be the only way to let water -- MR. ODOM: Right. Sometime, you've got to stop it at some point, let it fill up, unless there's a flood. He may have an opportunity in July and August not to have to worry about that; I don't know. COMMISSIONER WILLIAMS: Or June. No, I think your point's valid. COMMISSIONER LETZ: Yeah. COMMISSIONER WILLIAMS: So, why don't I amend the motion, then, to enable the level of the lake to be reduced, while protecting the flow. To take whatever steps necessary to lower the lake while protecting the flow in accordance with state regulations? COMMISSIONER LETZ: My second stands on the amended motion. JUDGE TINLEY: Okay. Any further question or discussion on the motion as amended? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Thank you, gentlemen. We appreciate you being here and E-14-04 110 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 participating. COMMISSIONER WILLIAMS: I'll call you, Mike. MR. BELL: Okay. JUDGE TINLEY: Commissioner Williams can find out where all that buildup is over on our side. COMMISSIONER WILLIAMS: Stick a finger in that dike, see where that... JUDGE TINLEY: The next item is a timed item for 11:15 this morning, Item 9, consider and discuss allowing constable to apply for and seek grant funding from all sources to acquire mobile video/audio camera system, ability to apply for various grants. Constable Garza, thank you. MR. GARZA: Good morning, gentlemen. Thank you for having me here. Reason for being here is, on the block grant that I'm trying to seek for funding for video cameras, I've had discussions over the phone, the Homeland Security or Department of Justice personnel, with them, and from what we've got -- the conversations, I don't meet the criteria for -- our departments do not meet the -- the steps needed to apply for that grant. And also, much of the funds have basically already been used up, and they're basically going to larger departments. I'm here today to ask if I can be allowed to seek funding from the -- any type of -- of organization that I could apply for. I've applied -- the 6-,yam-04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 111 Department of Public Safety grants that I applied for that the Judge signed, I got a response last week that -- of course, that was over -- expired, but I went ahead and applied for it, and they called me back and said that that grant is no longer available, those funds. They referred me to the governor's office. There is a -- I haven't had a response yet, but some funds may be available through the governor's office for this. I just feel that I -- I would love to have the Court allow me to seek funding wherever possible to apply, and let the chief executive officer of the -- County Judge sign so I could proceed with some of these applications. COMMISSIONER LETZ: Angel, the reason that I -- I think I was the one that put that caveat on it the last time. MR. GARZA: Yes. COMMISSIONER LETZ: I'd really rather delay any action on this until after our preliminary budget workshop, because I think that there are going to be some other items where the County's likely to go to local foundations for some significant grants, and I think we need to weigh your request against some of these others and kind of have a game plan. There's some -- in talking -- I've talked with Bi11 Amerine and the Sheriff a little bit. There's some that actually would affect you, possibly, too. b- 1 9- G 4 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 25 112 I just think that we need to, you know, make sure that we prioritize our requests county-wide before we go to some of our local foundations that have been very generous to the community, and certainly JUDGE TINLEY: If there's not state or federal moneys that they can find, what you're talking about is maybe trying to package that with some more -- COMMISSIONER LETZ: Yes. JUDGE TINLEY: With our -- with our local sources? COMMISSIONER LETZ: Yes, sir. I mean, I have no problem with pursuing it, but I just think I'd rather do it at one time. I think during the budget process, we'll identify these other needs. JUDGE TINLEY: Constable, let me ask you, is my understanding correct that you still have an outstanding inquiry to something under the governor's office, maybe Homeland Security or something, that you've not gotten the final response on yet? Is that still pending? MR. GARZA: Well, what it is, Your Honor, is that the Homeland Security, Department of Justice referred me to a contact person within the governor's office, where some of the funds were distributed to for -- you know, for these type of programs for equipment. Of course, I have not got a response back from the state, you know. I just feel 6-14-04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 113 like, you know, I'm just being -- my hands are being tied in a way, but I understand the process. But it -- I've -- the Peterson Foundation grant, talking to the other constable in Precinct 1, talked to~a person within the organization, and said there was a fifty-fifty chance that we could be granted this -- $10,500, I think is what we asked for. And I just feel like, you know -- I mean, I wish I could, you know, just go ahead and get it done. But, you know, I know the Court has a way of doing things, and I understand and I respect that, you know. My only problem is, the video cameras are a vital thing, also for the racial profiling and just the safety. If I can have a moment, I can give you an example. Two weeks ago, I made a traffic stop here on Memorial Boulevard, stopped a gentleman. Daytime, speeding, 55 in a 45, in a construction zone area. Pulled him over, gentleman and his wife. Gentleman became very -- was very upset that I had stopped him. Concealed handgun, carried a license. And the whole thing -- I went, got the -- got the information through the dispatch. Gentlemen, I let him sit in the car. He got out of the car, came up to me and said, "You need to hurry up and get this ticket written up," and what-have-you. I said I'm -- "I'll be right with you, sir." Went back in the car, got my -- logged all this information over the -- over the Sheriff's dispatch, so I -- that was my 6-19-09 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 25 114 only way of documenting this situation, you know. Got back to the car, you know, gave hirn the information, all that, and he said he wasn't going to sign the ticket. I said, "Sir, I'm going to place you under arrest if you don't sign the ticket." He said, "Okay, I'll go ahead and sign it." He took off. I logged it all with dispatch. Okay, come Monday, he comes in and -- and talks to an official, ,s aid that I kept him out there for 37 minutes, him and his wife. I didn't do that. If I'd had a video camera, I -- you know, of course, everything got resolved, but -- he paid the ticket and everything, but he was -- it was -- the situation was he claims that I kept him out there 37 minutes. I did not do that. But my only way of doing that was through the Sheriff's dispatch, you know, logging on what happened, you know. So, I just think it's imperative, if I'm going to be out there doing my job that I want to do for the citizens of traffic enforcement and, of course, drug interdiction on Interstate 10, which I do mainly at night. COMMISSIONER WILLIAMS: Constable, I'm looking at the budget amendment request from Constable Precinct 1, and I note with interest in his budget amendment he has a Capital Outlay item of -- his Capital Outlay line is $7,200. Do you have a similar Capital Outlay line in your budget? 5-i9-o~ 115 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. GARZA: Yes, sir, I do -- I did. COMMISSIONER WILLIAMS: And what is the status of your current Capital Outlay line? MR. GARZA: Zero, sir. COMMISSIONER WILLIAMS: Zero? MR. GARZA: Yes, sir. COMMISSIONER WILLIAMS: Was it $7,200? MR. GARZA: Yes, sir, I believe it was. JUDGE TINLEY: Isn't that the lease payments on the car? Isn't it -- COMMISSIONER WILLIAMS: Is that the lease payments? MR. GARZA: Well, part of that was. It was about $6,200 or so. The rest was for equipment, such as the grill guard and other equipment. COMMISSIONER WILLIAMS: Okay, that's fine. Thank you. JUDGE TINLEY: Constable, we appreciate the efforts you've made to try and secure this equipment. We want to get you the equipment that you need. And, personally, I feel like the video cameras for documentation purposes and -- and manpower savings later on, court testimony and so forth, but most importantly the safety aspect, makes those an important piece of equipment. But I -- I think you understand how we're trying to -- to 5-ig-o9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 116 approach this. If we can get that through state or federal funds, so much the better. If we're going to try and approach local foundation or grant sources, we -- we don't want to go to the well too often, and we want to try and package that up. And it's for that reason that Commissioner Letz would like to consider this as part of a bigger picture. We want to try and get you where you want to go, and hopefully the delay won't be too much, because I think it is important. But I appreciate the efforts you've made. Hopefully, the next thing we hear out of the governor's office will be, "Congratulations," and, "The check's in the mail." And, sure enough, it'll be through. MR. GARZA: That would be great, yeah. JUDGE TINLEY: But -- but I'm sure you understand why we approach it the way we do. And we're looking at -- at budgeting issues also in connection with it. MR. GARZA: I understand, Your Honor. I understand. Just -- I was just -- you know, I'm out there, you know, being proactive, you know, for the county, and that's the reason why. We've just -- a lot of these grants take a considerable amount of time, you know. And the budget's coming up, so I -- my idea was just -- if we don't get these grants before the budget, you know, and then I don't put it in the -- request it in the budget, then, you 6- 1 n - 0 ,, 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 25 117 know, it's like, "Well, you didn't ask for it in the budget. No, sorry." But I know it's not going to be today in that case, but I understand how the Court wants to work on it, and I welcome that; that we would be included as part of a larger package for a grant if it's available, you know. JUDGE TINLEY: Let me make another suggestion to you, if I might. And I realize you've already turned in your initial budget request, but you may want to amend your budget request to ask, as a contingency item, for a capital outlay in the event funds aren't made available through state, federal, or --.or other grant moneys; that you want the Court to fund it. And I encourage you to do that. It wouldn't be too difficult for you to amend your budget and just submit it, and that certainly would be one way to approach it. MR. GARZA: In fact, we can get -- I'm with you. If I can get somebody else to -- another agency or something to get us the funds, I would -- I would go that route, but, you know, I want -- COMMISSIONER LETZ: Make sure it's in your budget. Don't lose it because it's not in the budget. But if it's in the budget, we can always not spend it if we get funds elsewhere. MR. GARZA: Right, exactly. COMMISSIONER LETZ: Hopefully, we can get it E-~4-0~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 118 prior to the budget. MR. GARZA: That was my only thing. I wasn't sure, you know, 'cause, like I say, a lot of these processes take a long time, and, you knew, some hoops you got to jump through. And my -- our main thing is -- I'm a one-man department, and they look at us -- "Well, you don't qualify; you're just a one-man department." Another criteria is violent crime rate. In this area, we're not -- this isn't -- thank God, Kerr County's not in that. So -- JUDGE TINLEY: Okay. COMMISSIONER LETZ: Thank you. MR. GARZA: Yes, sir. COMMISSIONER BALDWIN: Angel, I was looking at your monthly report again this morning. MR. GARZA: Yes, sir. COMMISSIONER BALDWIN: That is one of the best reports that this Court receives from anybody. Excellent, excellent report. Good information. I can't wait till next month; he's going to be coming in with a wheelbarrow carrying that thing, he adds so much to it every month. I appreciate that very much. We can look at that and see what's going on with you. MR. GARZA: Thank you. Thank you, sir. COMMISSIONER BALDWIN: Thank you. MR. GARZA: And I appreciate and I welcome 6-14-04 1 2 3 4 5 6 7 8 9 10 11 12 13 ,.-- 14 15 16 17 18 19 20 21 22 23 24 25 119 that. I want to give all the information to the Court on what I'm doing for the -- my part of my duties. I welcome that. I thank you, sir. COMMISSIONER BALDWIN: Appreciate it. COMMISSIONER LETZ: Okay. JUDGE TINLEY: Thank you. MR. GARZA: Thank you. JUDGE TINLEY: That'll be all on that item. Next Item, Number 10, was an 11:30 item. Trying to catch up. Consider and discuss budget amendment request to transfer funds from Vehicle Insurance to Vehicle Repair and Maintenance. Constable Garza again. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made arrd seconded for approval of the agenda item. Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. MR. GARZA: Can I say one more thing? I just want to thank the Court for all their help that they've given me and their support. I really thank the Court for E-, ~-o? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 120 that, all the Commissioners. Thank you. JUDGE TINLEY: Thank you, constable. COMMISSIONER LETZ: Appreciate it. JUDGE TINLEY: G7hy don't -- why don't we go to Item 16, consider and discuss and take appropriate action on the final draft of Kerr County Tnformation Technology Policies? COMMISSIONER BALDWIN: Judge, there's a young lady out in the audience that's waving her hands. MS. MITCHELL: Judge, Shaun and Tommy had planned on being here for that in case there were any questions. JUDGE TINLEY: After lunch? MS. MITCHELL: In case there were any questions from the Court. JUDGE TINLEY: Okay. And they're planning on being here after lunch? MS. MITCHELL: Yes, sir. JUDGE TINLEY: All right. Why don't we set aside for just a moment Item 16. We'll come back to that after lunch. Let's go to Item 18, consider and discuss report from insurance consultant on the 2004 stop loss health insurance policy proposed by Employee Benefit Administrators, take appropriate action or response with respect to the proposed policy. I had this put on the e-1~-o~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 121 agenda before I left town last week, and I have been assured by our insurance consultant, Don Gray, who the Court has directed me to bounce these questions off of with respect to whether or not the proposed policy that was tendered and which was brought before the Court at a previous meeting -- I don't recall if it was the last meeting or meeting just prior to -- that some concerns that I had -- had about some of the policy provisions. And I had originally been told by Mr. Gray that he would have something to come in to answer all of the questions which I propounded to him, but this morning we got the e-mail that you belatedly got before you. In essence, he's saying that some of the information, which apparently was submitted in the final hours or days of the negotiation process by E.B.A., some of that information was not resubmitted to him. I don't know if Mr. Motley's had an opportunity to see this e-mail that we got. MR. MOTLEY: I don't know about the e-mail. I've had some -- I've had some phone messages from him, and I -- pardon me -- I contacted him back and said that I would go through the, you know, pretty thick stack of stuff. I have to see if I see anything that clearly identifies itself as the supplemental material to that submission. I might have some other supplemental information in other places, but I think they're for different years. So, I -- I supposedly have everything, and I'm going to have to go back E-i~-o~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 122 and look. JUDGE TINLEY: If the Court will recall, the difficulty in us being able to identify it on this end is, when the matter was referred to Mr. Gray, each of the prospective bidders or vendors were directed to -- to deal directly with Mr. Gray with their final and best offer. And then, from that, he prepared his spreadsheet and other summaries that came back. So, I suspect we may have some difficulty identifying exactly what information was submitted in that time frame by E.B.A., but that's where we are. I don't think we're in a position to do anything final on it today, but I put it on the agenda and wanted to give the Court a report on.it. COMMISSIONER LETZ: So, we're waiting on the County Attorney to see if he can come up with the information that Mr. Gray requests. And if he doesn't? Or -- I mean, and if he doesn't, being that the County Attorney doesn't have additional information? MR. MOTLEY: I'm going to see what's in the -- the stuff is in a box about this big. I don't know, four or five proposals, and it's all mixed up. And I pulled the binder of E.B.A. and just kind of flipped through there, didn't see anything else, and I'm just going to have to go through there, the individual pieces of paper that are just stuck in there. I'll just have to go through them -1~-u4 - - - - -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 123 carefully. COMMISSIONER LETZ: We'll just wait till our next meeting. MR. MOTLEY: Two weeks? Maybe I can let y'all know. I ought to be able to find it, get it in the mail to the guy. COMMISSIONER LETZ: Okay. All right. JUDGE TINLEY: Hopefully, if we can -- if we can identify this supplemental information that E.B.A. submitted, get that to Mr. Gray, we can get the answers to all these questions that I asked. COMMISSIONER WILLIAMS: Judge, at this point, just one quick question. The spreadsheet that's attached to the e-mail, is that from Mr. Gray? JUDGE TINLEY: That was -- based upon my quick review of that, that spreadsheet or portions of it were what Mr. Gray presented his summary to this Court, and upon which this Court made its award. COMMISSIONER WILLIAMS: Okay. This is the original spreadsheet? JUDGE TINLEY: Yeah, that's my understanding. COMMISSIONER NICHOLSON: Judge, I've got one question abut a statement here in the e-mail from Mr. Gray. He says, "It's my recollection that E.B.A. and others were allowed to submit updated quotes to the County following the E-14-04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 124 submission of their initial proposals." Is that acceptable in the bid process? JUDGE TINLEY: Yes. Once -- once we made the threshold determination of which bids were likely or susceptible of being accepted, under the Professional Services portion, they could then engage, and did, in fact -- all five of them, as I recall, engaged in discussions with -- directly with Mr. Gray as to their final and best offer. COMMISSIONER NICHOLSON: Thank you. COMMISSIONER BALDWIN: I don't think you can do that buying a tractor -- JUDGE TINLEY: No. COMMISSIONER BALDWIN: -- and those kind of things. COMMISSIONER NICHOLSON: That's what I was after, Commissioner. COMMISSIONER BALDWIN: I still think that is so weird. COMMISSIONER LETZ: It also causes problems, as we can tell now. JUDGE TINLEY: Ckay. Looks like the remaining items would be more appropriate for our afternoon session, so we'll stand in recess until 1:3U. (Recess taken from 11:55 a.m. to 1:30 p.m.) 6-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ..-. 25 125 JUDGE TINLEY: Okay. Let me call back to order the Commissioners Court meeting scheduled for this date. We recessed shortly before noon. It is now 1:30. We have a timed agenda item for 1:30, that being Item 13, consider and discuss approving a 10-foot wide easement across courthouse property from Main Street to Jefferson street. Commissioner Baldwin? COMMISSIONER BALDWIN: Mr. Burton? There you are. MR. BURTON: Good afternoon. We are -- have been asked to relocate our fiber and our co-ax that is running on the poles right here in front of the courthouse and going across that feeds all Kerrville South. And KPUB has already obtained an easement, and we would like to go joint-trench with diem. When they dig the trench, we're going to place a 4-inch conduit and a 3-inch conduit in this easement. The 4-inch will be for our fiber, and the 3-inch conduit will be for our co-ax. And I think it has something to do with KEDF and their beautification program, trying to remove some of the poles that are in front of the courthouse, as well as in front of Sid Peterson Hospital, and so we're requesting an easement to be co-located with KPUB. JUDGE TINLEY: This would be only within the area that's already covered by the KPUB easement, and your 6-'_4-04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 126 use would be in common with them? MR. BURTON: Correct. They'll be approximately a foot lower than where our conduit's going to be located, but we'll be sitting basically on top of them, but in the same trench with them. COMMISSIONER LETZ: How deep are these going to be? MR. BURTON: According to the KPUB prints, we're going to be at a minimum of 30 inches, so they're probably going to be probably at 42 or even lower. We just need a foot of separation from them to us. COMMISSIONER NICHOLSON: Move to approve. COMMISSIONER BALDWIN: Go ahead -- only thing, I was just going to get stupid. We sure -- we definitely need a set of the drawings in case the Christmas lighting people come in and start digging ditches some weekend. MR. BURTON: Yeah. That fiber's got all of Kerrville South on it, so we don't want it cut, either. COMMISSIONER BALDWIN: Where I live. MR. BURTON: Yeah. COMMISSIONER BALDWIN: And where the Judge lives. MR. BURTON: And I live. COMMISSIONER WILLIAMS: They're big diggers, 6-14-04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 127 Commissioner. COMMISSIONER BALDWIN: Yeah, 30 inches. COMMISSIONER LETZ: I'd just ask that it be coordinated with our Maintenance Department. MR. BURTON: Sure. COMMISSIONER LETZ: Which I'm sure that KPUB will do anyway. MR. BURTON: We'll be out with KPUB along with our contractor whenever we start this project, but we -- actually, when we make the cut over, we hope to have it done in two nights, so there will be hopefully minimal interruption with the cable service. COMMISSIONER WILLIAMS: This is below ground for the block from Main Street to Jefferson Street? MR. BURTON: Yes, sir. COMMISSIONER WILLIAMS: Then what does it do, comes up above ground? MR. BURTON: It will in front of the hospital. There's a -- where we have aerial equipment now, there's going to be a pedestal located there. That's where the fiber's going to end up splicing, at that location, but it'll be across the street. COMMISSIONER LETZ: I second Commissioner Nicholson's motion. JUDGE TINLEY: Motion by Commissioner -1~-0~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 128 Nicholson, second by Commissioner Letz, for approval of the agenda item. Any further questions or discussion? COMMISSIONER LETZ: Only comment, I think the easement agreement needs to be form-approved by the County Attorney, and then authorize the County Judge to sign same. I presume there's an agreement somewhere. JUDGE TINLEY: SYiould be an easement, grant of an easement. MR. BURTON: Yes. JUDGE TINLEY: Okay. COMMISSIONER NICHOLSON: Does that need to be part of the motion? JUDGE TINLEY: Do you accept that as part of your motion? COMMISSIONER NICHOLSON: Yes. JUDGE TINLEY: All right, as modified. Any further questions or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. The motion does carry. Thank you very much, Mr. Burton. We appreciate you being here. MR. BURTON: Thank you. JUDGE TINLEY: Let's go back to Item 12, consider changes to '03/'04 Floodplain Administrative 6-19-09 129 1 I budget. 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: Find any money? MR. TOMLINSON: There's -- I think there's around $10,000 in Commissioners Court Contingency and Department 409. We paid -- we paid for that service out of the General Fund previous to this year. So, if -- you know, if the Court will agree to that -- COMMISSIONER LETZ: How much is in the training -- Floodplain Training? A thousand -- JUDGE TINLEY: And seventy dollars, roughly. COMMISSIONER LETZ: You have -- and on the training, you go to San Antonio one time? MR. JOHNSTON: I think in July, I have a -- it's a free course from TEEX, but I have to have the travel expense to drive back and forth. That's all. COMMISSIONER LETZ: So, take $900 out of Training? That would leave you enough money there. JUDGE TINLEY: Leave $168. COMMISSIONER LETZ: Yeah, that would be -- what about -- actually, auto expense and fuel comes out of a different item, so we can take $1,000 out of Training and $3,000 out of Nondepartmental Contingency. That would be $4,000 for right now. Then we can come back in a couple months and see where we are. I so move that. COMMISSIONER BALDWIN: Second. 6-19-04 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 25 130 JUDGE TINLEY: Motion made and seconded to fund $4,000 for the Floodplain Administration items as presented by Floodplain Administrator, $1,000 to come from Floodplain Administration Training account, and $3,000 will come from the Nondepartmental Contingency account. Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Thank you, Mr. Johnston. The next item is consider, discuss, and take appropriate -- and take appropriate action on the final draft of the Kerr County Information Technology Policies. COMMISSIONER BALDWIN: What number is that? COMMISSIONER WILLIAMS: 16. JUDGE TINLEY: 16, I'm sorry. COMMISSIONER BALDWIN: That's all right. JUDGE TINLEY: We've been bouncing around so much, it's kind of hard to keep up with a moving target. COMMISSIONER WILLIAMS: Judge, before we launch into that, I notice the City Planner and the City -- and the Airport Manager are here. I'm just taking a wild guess they're here because of the agenda item concerning the U.D.C. That's already been dispatched; we've taken care of E-L4-~~ 131 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. It wasn't a timed item at 1:30. It's already been taken care of. Unless you have something else on your mind? MR. PEARCE: I just came over, Mr. Williams, 'cause I wasn't sure what it was. I had seen it on the agenda, and I thought it was at 1:30. COMMISSIONER WILLIAMS: No, it was not. It's already been taken care of, and there will be a resolution that the Court adopted which will be delivered to City Council. COMMISSIONER BALDWIN: Why did he think 1:30? Is there some -- JUDGE TINLEY: Well, 1:30 is up above on a previous item, and then those items are below, possibly indicating that -- that all items after that were going to be at 1:30. COMMISSIONER WILLIAMS: That's what they were here for. Anyhow, back to Number 16. This, as far as I know, and as far as the administrative assistant for Commissioners Court knows, is a revised draft that incorporates all of the suggestions and changes that have been given to us since the very beginning of the workshop process. Am I correct, Kathy? MS. MITCHELL: You're correct. COMMISSIONER WILLIAMS: And it is now in front of you for your consideration, and hopefully adoption, 6-~~4-04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 132 and we'll get it out of the way. And I did take the liberty of sharing with you an e-mail that you probably received from -- a copy of which you probably received from the District Clerk, and it says really all that needs to be said. There are abuses that continue to happen, and hopefully that this -- that this policy will give us some ability to correct that. COMMISSIUNER BALDWIN: Bill, there is one line here that is just glowing. COMMISSIONER WILLIAMS: What's that? COMMISSIONER BALDWIN: Glaring, I think is the word. Glaring. COMMISSIONER WILLIAMS: What page? COMMISSIONER BALDWIN: That -- on your table of contents, and I'm sure that it's in the body of the thing, but our guru brought it up the very first time we talked about that, and that's the word "hack." COMMISSIONER WILLIAMS: Hack? COMMISSIONER BALDWIN: Now, are you still hung up on "hack"? MR. BRANHAM: Actually, I was never hung up on it. It was kind of an F.Y.I. I had to sit and listen to a two-hour lecture 'cause I accidentally misused the word, so it was kind of one of those things. COMMISSIONER BALDWIN: I've been going G - i 4 - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .~-.. 25 133 through months of turmoil, not being able to sleep over MR. BRANHAM: Just hoping to save somebody else from that. COMMISSIONER WILLIAMS: So, "hack" is not politically incorrect? MR. BRANHAM: No, not to me. COMMISSIONER BALDWIN: Hack's not a good word here, according to him. (Discussion off the record.) COMMISSIONER LETZ: I think we've come a long way. We have a much shorter, simpler, and I think enforceable policy that works. COMMISSIONER BALDWIN: Are you happy? That's ttie important part . MS. UECKER: Well, I haven't -- yeah, I think so, unless something's been changed since I turned in my notes. MS. MITCHELL: No. COMMISSIONER WILLIAMS: No, we've incorporated your thoughts all along the line. And I want to take this opportunity to thank Linda and other elected officials and department heads for their input. They have helped us streamline it, and have made us take out the redundancies and the ambiguities, and this is it. I would E-1~-~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 134 move its adoption. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of the Kerr County Information Technology Policies as presented in final draft form. Any further questions or discussion? COMMISSIONER NICHOLSON: Yeah. I think I need to address J.P. 4's concerns about the policies. He sent us -- he sent a document that outlines the concerns he had, largely centered around the fact that he has a personal computer in his J.P. office that he -- he pays the cost of Internet, not the County, and he uses it for personal reasons, rather than go back and forth from office to home. There's some other concerns he has there. I think what I am going to suggest to him is that he write a letter to the policy administrator -- I presume that's Shaun; is that right? COMMISSIONER WILLIAMS: Mm-hmm. COMMISSIONER NICHOLSON: And say this is how I'm going to use my personal computer and programs that are situated in my County-provided office. If Shaun's got a problem with that, well, then, they can endeavor to try to work that out. COMMISSIONER WILLIAMS: I think that's a good way to approach it, Commissioner. 6 - 1 4 - '~ 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IJ 16 17 18 19 20 21 22 23 24 ..-_ 25 135 COMMISSIONER LETZ: I think it's -- I mean, I think that that's a good way, but I think it's -- I would presume, anyway, it's kind of mandated by law as to what he's subject to and what he isn't. If it's his computer, I don't know if he is -- technically, if that's his personal computer, in which case none of this applies, or by the fact it's in a County office, if it's County property, which it does apply. I mean, I just don't know the answer to that. I think maybe the County Attorney could -- I mean, I clearly use my personal attorney -- computer at home for a lot of County business, but I view it as my personal computer, and I'm not subject to any of this. COMMISSIONER NICHOLSON: I do most of my work at home, so -- ar.d I take the same position. Shaun's not going to come into my home office and -- and work on my programs. COMMISSIONER LETZ: I'm pretty certain he isn't on mine. COMMISSIONER NICHOLSON: I think Bill Ragsdale -- Judge Ragsdale is concerned -- MS. DECKER: Could the policy say, you know, a County-provided computer? Would that solve that or not? COMMISSIONER LETZ: I don't know if you need to add it. I mean, I think it's -- to me, it's pretty clear. If it's not the County's computer, it's not -- e-i~-o~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 136 COMMISSIONER WILLIAMS: If it's his computer, it's his computer. And that's the only place where we had that issue brought up. COMMISSIONER NICHOLSON: Okay. That's all. COMMISSIONER WILLIAMS: I think it's a good solution. JUDGE TINLEY: Any further question or -- MR. TOMLINSON: Make him paint it red so we'll know which one it is. COMMISSIONER WILLIAMS: What, Tommy? MR. TOMLINSON: I said make him paint it red so we'll know which one it is. COMMISSIONER WILLIAMS: Oh, okay. COMMISSIONER NICHOLSON: Judge Ragsdale's a fairly large man. I don't think I'd just pop into his office and start messing with his machinery. JUDGE TINLEY: Any further -- COMMISSIONER NICHOLSON: Has a temper sometimes, too. JUDGE TINLEY: Any further questions or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) 6- i 4- ~ 4 137 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 TINLEY: That motion does carry. That brings us down to executive session items. Are there any items to be discussed in executive session? Hearing -- MS. UECKER: Are we going to get final copies? JUDGE TINLEY: -- no information, -- COMMISSIONER WILLIAMS: Yeah -- yes. JUDGE TINLEY: -- we'll forego that, and we will come now to the approval agenda, paying of the bills. COMMISSIONER NICHOLSON: Sorry, did we pass on 1.18? Or -- COMMISSIONER WILLIAMS: 18? COMMISSIONER LETZ: Is that the E.B.A.? COMMISSIONER WILLIAMS: We took that up earlier. JUDGE TINLEY: It was just a report. COMMISSIONER NICHOLSON: Okay. JUDGE TINLEY: That was just a report. There wasn't any -- COMMISSIONER NICHOLSON: All right. JUDGE TINLEY: -- formal action taken. COMMISSIONER NICHOLSON: Move along. JUDGE TINLEY: Okay. Payment of the bills. COMMISSIONER BALDWIN: I move we pay the bills. F-i~-o9 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 138 COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded to pay the bills. Any question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No JUD Budget amendments. MR. J.P. 1 to transfer Office Supplies. 13 response.) ~E TINLEY: That motion does carry. Budget Amendment Request Number 1. TOMLINSON: Number 1 is a request of the $224 from Lease Copier line item to COMMISSIONER BALDWIN: I move for approval. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 1. Any question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. MR. TOMLINSON: Number 2 is for the County ,--. 25 Jail, from the Sheriff. (No response.) JUDGE TINLEY: Motion does carry. Budget Amendment Request Number 2. 6-14-04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 139 COMMISSIONER BALDWIN: Good gosh, look at this. This is terrible. MR. TOMLINSON: First part is to transfer $25,000 from Group Insurance line item in the jail to Prisoner Medical. Second part is to transfer $49.96 from Group Insurance to Vehicle Maintenance for the jail, and the third is to transfer $1,530.47 from Group Insurance in the Sheriff's Office to Vehicle Repairs and Maintenance for the Sheriff's Office. COMMISSIONER LETZ: The -- MR. TOMLINSON: The $25,000 is in anticipation of -- of the remainder of the year. COMMISSIONER LETZ: That was my question. Is that your best guess, what it's going to take? SHERIFF HIERHOLZER: And that's all that is, Jonathan, is a guess. JUDGE TINLEY: Sheriff, the -- the excess of funds in the Group Insurance account, is that because of some slots that weren't filled for periods of time that have allowed that excess to accumulate? SHERIFF HIERHOLZER: Well, that may be part of it. I think another part of it is the insurance premiums weren't quite as high as what the County and the Auditor expected this year, overall. JUDGE TINLEY: Wonderful. 'c-14-04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 140 MR. TOMLINSON: We did budget too much -- too much per person for sure. COMMISSIONER WILLIAMS: So, that means we're going to have surplus like that in every department, probably? MR. TOMLINSON: Well -- COMMISSIONER WILLIAMS: On that line item? MR. TOMLINSON: In the large departments, where there are numbers of people, we'll have a material amount of surplus. JUDGE TINLEY: How much per employee did we overbudget? MR. TOMLINSON: finished projecting expenditu the year for every account in you a copy of it. JUDGE TINLEY: MR. TOMLINSON: to $70 per -- per individual, JUDGE TINLEY: MR. TOMLINSON: JUDGE TINLEY: MR. TOMLINSON: JUDGE TINLEY: MR. TOMLINSON: I don't remember. I just res for -- for the remainder of the ledger. I think I gave Yeah, I got it. And it seemed like it was $50 I think. Per month? Or -- Per month. Per month? Yes. So, we could be -- And, too, I mean, this is 6-14-G4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 141 combined with the fact that -- that he did have some turnover in the -- in the jail; that when -- you know, that people aren't eligible immediately, so when you do have some turnover, then you gain those months for those people. JUDGE TINLEY: So, we're looking at roughly, even those where we didn't have gaps in employment, $600 to $800 per employee? MR. TOMLINSON: Per year. JUDGE TINLEY: That were over. It's good to know. Thank you. SHERIFF HIERHOLZER: And just for an explanation, the one on the vehicle maintenance and that for both jail and Sheriff's Office, the problem I ran into that -- and the Court didn't expect it and I didn't. At the time when we adopted the budget in October, our deductible on things like deer accidents and all that was $250. That's what I projected. And then, when y'all changed insurance companies to drop it, and it upped the deductible, but dropped the premium for the County, it went from $250 to $1,000. So now, every deer we hit, it's a minimum of $1,000 if it's done that kind of damage, so that's what sunk that vehicle maintenance and that, is -- besides -- COMMISSIONER BALDWIN: So it's our fault, is what's he's saying. SHERIFF HIERHOLZER: No, I'm just saying -- c-i~-o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 142 the County probably came out a lot better overall. COMMISSIONER BALDWIN: Move for approval, Judge. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 2. Any question or discussion? 23 $3,150. 24 25 6- 1 9- G 4 JUDGE TINLEY: And who's that payable to? MR. TOMLINSON: I was afraid you were going COMMISSIONER BALDWIN: No. JUDGE TINLEY: All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Budget Amendment Request Number 3. MR. TOMLINSON: Okay. Number 3 is for the 216th and 198th District Court. The first part of that is to transfer $1,286.14 from Special Trials to Court-Appointed Services for the 216th Court, and $3,403.26 from Special Trials to Court-Appointed Services for the 198th District Court. I do have a late bill that's attached to this for an expert witness for -- it's for the Feaselman case, for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 143 to ask me that. Joseph M. Guileyardo. It's G-u-i-l-e-y-a-r-d-o. JUDGE TINLEY: Okay. That's the only hand check? MR. TOMLINSON: Well, I have a late bill by itself. CUMMISSIONER LETZ: Rusty back there? MR. TOMLINSON: Wait, there is another one; it's covered up. Okay. It's to Texas Mental Health/Mental Retardation, Kerrville State Hospital, for $972. JUDGE TINLEY: That's a late bill? MR. TOMLINSON: Yes. JUDGE TINLEY: Okay. And the other's a late bill and hand check? MR. TOMLINSON: Yes. JUDGE TINLEY: Okay. COMMISSIONER LETZ: Move approval. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 3 and approval of late bill and hand check to Joseph M. Guileyardo for $3,150 and late bill to Texas M.H.M.R. for $973. Any further question or discussion? COMMISSIONER LETZ: Yes, I have a question. The -- I see the funds are coming out of Special Trials, and h-14-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 144 I believe there was a large amount in there due to the Seard trial -- capital murder trial that's pending. Rusty, what's your best guess going into the budget as to whether that trial will ever take place? SHERIFF HIERHOLZER: According to the last evaluation, it probably will take place, but I couldn't tell you when. COMMISSIONER LETZ: It will take place at some point? SHERIFF HIERHOLZER: At some point in time. Now, this Feaselman case is also a capital murder case in this county. It's -- COMMISSIONER BALDWIN: You can't say when, but you can say it won't be this year. SHERIFF HIERHOLZER: It won't -- I seriously doubt that it would be anywhere between now and December or January, from what we got. MR. TOMLINSON: I talked to the District Attorney about -- about this issue, and his -- his estimate is that it won't be this fiscal year. COMMISSIONER LETZ: My question wasn't that we were taking money out of it now; it was more to remember that during the budget process, that -- I mean, I don't want to budget money if he's never going -- trial's never going to happen. But if it is going to happen, then we do need to 5-ig-o~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 145 budget for it. SHERIFF HIERHOLZER: I think it will happen. We just transported him back last week to North Texas State Hospital after being back down here for another evaluation hearing, which he was evaluated and sent back. But I think it will happen eventually. COMMISSIONER LETZ: Okay, thank you. JUDGE TINLEY: Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TTNLEY: The motion does carry. MR. TOMLINSON: Just as an information, the reason that we didn't pay it out of Special Trials is that, for reporting purposes for Senate Bill 7, which is the Indigent Defense bill, we have to seg -- we have to separate types of expenditures in the -- from court-appointed attorneys to any other services. So, in order to make -- to simplify that process, we're transferring -- we're actually making the payment out of the line item that more defines what the -- what the bill is for. COMMISSIONER LETZ: I think that's a good idea. I think the purpose of budgeting under Special Trials E ~~-o- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 146 is really just so we keep that money set aside, and then put it in the right funds as we need it. Makes sense. JUDGE TINLEY: Okay. Do we have any other late bills? MR. TOMLINSON: I have a late bill that we need a hand check for. It's to Holiday Inn Express for $1,776.67, and it's for the lodging for -- for the witnesses and attorneys in relation to the Roy Crider case. COMMISSIONER WILLIAMS: Move approval. JUDGE TINLEY: Is that a motion for approval? COMMISSIONER LETZ: So moved. COMMISSIONER WILLIAMS: I moved it. COMMISSIONER LETZ: Oh. JUDGE TINLEY: He moved it. He moved approval. COMMISSIONER WILLIAMS: Want to second it? JUDGE TINLEY: I think I heard you. COMMISSIONER WILLIAMS: Yeah. JUDGE TINLEY: Okay, I thought I did. COMMISSIONER LETZ: I wanted to see if Commissioner Nicholson wanted to second. I'll second it. JUDGE TINLEY: Motion made and seconded for approval of late bill and issuance of hand check in the amount of $1,776.67 to Holiday Inn Express. Any further questions or discussion? o- 1 4- 0 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 147 COMMISSIONER BALDWIN: Yes, sir. What -- we paid the hotel room for witnesses? And lawyers? MR. TOMLINSON: Yes, attorneys for -- for the defense. COMMISSIONER LETZ: For the defense? MR. TOMLINSON: I believe that's right. COMMISSIONER BALDWIN: Is that like an indigent type thing? Or -- JUDGE TINLEY: Mm-hmm. COMMISSIONER WILLIAMS: What the State makes us do. Isn't that part of that legislation? MR. TOMLINSON: This is a court-appointed case. One is for Todd Burdick. I mean, he's not a -- he's an investigator, but he's not an attorney. But -- SHERIFF HIERHOLZER: He's an investigator for the D.A.'s office. COMMISSIONER BALDWIN: Oh, it's for him? MR. TOMLINSON: And a Sally Rowan. SHERIFF HIERHOLZER: That's a witness. MR. TOMLINSON: Steve Pickell, which is an attorney, and then another one for Todd. COMMISSTONER BALDWIN: Wait. Where was this trial? SHERIFF HIERHOLZER: It was a change of venue from here to Boerne. 6-14-04 148 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 BALDWIN: Boerne? All right. SHERIFF HIERHOLZER: Almost a week-long trial. COMMISSIONER NICHOLSON: What is this case? SHERIFF HIERHOLZER: It's over now at this point. It was a multi-count sexual assault case. There was one -- I think it was even tried here -- MR. TOMLINSON:. It was a hung jury. SHERIFF HIERHOLZER: -- at first, and ended up in a hung jury, and then they had to do a change of venue because of the publicity and that when it ended up hung, and changed to it Boerne. JUDGE TINLEY: Anything further? COMMISSIONER LETZ: I share your frustration, Commissioner 1. COMMISSIONER BALDWIN: I'm embarrassed. This is embarrassing. JUDGE TINLEY: Any further questions or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Is that it for you, Mr. Auditor? 0-14-04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 149 MR. TOMLINSON: Trays it. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: That's all, folks. JUDGE TINLEY: I have before me transcripts of the Kerr County Commissioners Court regular session of Monday, May 10, 2004; transcript of the Kerr County Commissioners Court regular session -- excuse me, special session, Monday, May 17th, 2004_; and transcript of the Kerr County Commissioners Court special session, Monday, May 24, 2004. Do I hear a motion that these be approved as submitted? COMMISSIONER LETZ: So moved. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded for approval of transcripts as presented. Any question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. I also have before me monthly reports from the Sheriff, County Clerk, Justice of the Peace Precinct 4, Justice of the Peace Precinct 3, County Clerk, and Constable Precinct 1. Do I hear a motion to approve these reports as submitted? F-1~-~4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 150 COMMISSIONER WILLIAMS: So moved. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded for approval of the named reports as submitted. Any questions or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Do we have any reports from Commissioners concerning their liaison or otherwise? One? COMMISSIONER BALDWIN: Oh, no, sir. Thank you very mur_h for asking, though. JUDGE TINLEY: Two? COMMISSIONER WILLIAMS: The airport advisory group, Commissioner Letz and I are having a tough time getting this next meeting scheduled. Have they talked to you about a potential meeting for -- COMMISSIONER LETZ: 29th. COMMISSIONER WILLIAMS: 29th, yeah. COMMISSIONER LETZ: 28th or 29th. COMMISSIONER WILLIAMS: Yeah, 28th or 29th. COMMISSIONER LETZ: 29th. COMMISSIONER WILLIAMS: Hopefully, we'll get E 14 04 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 25 151 that meeting under our belts and move the matters along, because we're now getting into numbers, or potential numbers, and it's time to do that. Other things, I might have -- I knew there was something I was going to talk about this morning when I had my opportunity, and that is that there is a -- what's called a First Generation College Project, and grants are awarded by the Texas Workforce Commission, Alamo Workforce Development, and partnership agreements with A.C.C., U.T.S.A., Center Point High School, Dilley, Natalia, and so forth and so on. The project will provide over 400 school youth. with a range of activities and services to help acquaint and prepare them for college, and with financial assistance to attend college after graduation. The grants could be -- grants can range all the way up to $2,500, and that's good news for the Center Point Independent School District. Let's see. Some other little AACOG-type news here. Last transportation report indicated that there were about 8,529 trips made by the A.R.T., logging in about 85,000 miles. Under-60 trips were about 2,600. 60-plus trips were -- age trips are about 5,900. Kerr County's employment -- unemployment rate, if you're interested, for the month of April was 2.6 percent. The Sheriff got some more money -- let's see if I can find where it is here. Emergency Preparedness, got a little bit more money for his 5-i~-o~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 152 trailer. And that's it, Judge. COMMISSIONER LETZ: Is that the one he's going to Colorado in, that trailer? COMMISSIONER WILLIAMS: It better not be the one he's going to Colorado in. I think that's it, Judge. JUDGE TINLEY: Okay, thank you. Commissioner 3? COMMISSIONER LETZ: I think the only comment I have, I'd just encourage everyone to look at the Environmental Health Department report closely. And I think it's interesting that a lot of naysayers said that we were -- when we got rid of real estate transfers, the world's coming to an end; there's no more money coming in. Our revenue side, we're pretty much flat with last year. COMMISSIONER BALDWIN: 38 or something? COMMISSIONER LETZ: About 60,000 we've had in gross revenue both years, 62 last year and 61 this year, something like that. But, anyway, activity is up from last year. But the program seems to be working without real estate transfers. Good news. JUDGE TINLEY: Is that all you got? COMMISSIONER LETZ: That's all I got. JUDGE TINLEY: Four? COMMISSIONER NICHOLSON: I'm thinking about Animal Control and other things that we do jointly with the 6-14-G4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 153 City, and probably some the issues that need to be addressed there are best addressed in the joint City/County meetings. I don't know; that's maybe a false assumption. Anyhow, we're going to schedule those meetings when we meet this next time in our first workshop on the budget? Is -- how does that happen? JUDGE TINLEY: If recollection serves me correctly -- and, of course, my tenure is rather short at this point. I think it happened in July, did it not? COMMISSIONER LETZ: Last year it was late July, but it has changed from time to time based on when the information was available. But my -- I mean, I think that at our workshop, that is the right time to set that meeting, or figure out when we want to do it. But I also think that very little is accomplished frc;m changing or doing anything at that meeting. So, if there's some issues that you have for Animal Control or anything else, I would strongly recommend you get with City staff so we can get -- you know, ahead of time, because I just don't see -- I mean, they're good review meetings, kind of keep everybody on the same page, but I don't see much work really coming out of it. It's more informative. COMMISSIONER BALDWIN: I see it more as a -- used to be, over here we would simply get their budget at the final hour, and we either stopped the entire budget h-ig-o~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 154 process or we agreed with it and paid half of everything. And so this is kind of the reason that thing is set up, so we can get together and they can tell us what all they'd like to do and want to do, and how much it's going to cost and what they expect us to do. So, in that sense, it is kind of beneficial. But I didn't mean to get off course there, but I think that's a perfect time -- our next meeting is a perfect time to set that up. And I think it's a good idea to have those; I really do. COMMISSIONER LETZ: Oh, yeah, they're good. COMMISSIONER NICHOLSON: And you've heard me say that before. My sense of last year's budget process -- which, of course, was my first one, wasn't it? -- was that we ran out of time. If there were important issues that probably needed a little more attention, need to be dealt with, we just -- we had to have a budget; we had to kind of skim over some things. So, that's something we can talk about on the 30th. COMMISSIONER LETZ: I think, just to bring up another city thing that I -- it's amazing how fast a year goes by. And I believe it was last July, at that meeting, we had a lengthy discussion about the city fire contract, and it was pretty contentious at times, and I think we had hoped to really look at that and see if they had coverage and see how it worked around Kerrville and some of my own -- E-~~-o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 155 part of my precinct, part of Buster's, pretty much. And I don't believe that was ever really done, so I think it's -- COMMISSIONER NICHOLSON: Well, I've been talking with Commissioner Baldwin, and some of my constituents and myself in Precinct 4 have got some issues with the performance of dispatch. I think that that needs to be improved, and I'm not too sure about how to go about facilitating those improvements. JUDGE TINLEY: Do you think it would be appropriate to make inquiry of the City about if they've -- if they have any plans in place for a joint session, if they have any preliminary numbers, that we'd appreciate having the benefit of those numbers as soon as possible? Don't you think that would be a good inquiry to make? COMMISSIONER LETZ: I think it would be a good inquiry, and to have that information at our next meeting so we can -- JUDGE TINLEY: I'll see that that gets done. COMMISSIONER WILLIAMS: Judge, I found the other item I was looking for. It had to do with the Homeland Security grants. Kerr County got an extra $54,879, and don't you take it on vacation with you. SHERIFF HIERHOLZER: What? JUDGE TINLEY: There were actually two. SHERIFF HIERHOLZER: Going -- there's two. I 6-19-G9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 156 just qot the sub-recipient agreements today in the mail. I'll have to bring it .over to get the Judge to sign. One is 54,000-something. The other one was 10,000-something. COMMISSIONER WILLiAMS: That -- I think the 10 has to do with some more improvements to your trailer? SHERIFF HIERHOLZER: No, the 10,000 -- what we actually proposed, acid they approved, is that storage building out there where we store -- we'll store that trailer, the back side of that building is not fenced with a security fence at all. And now that the City's fixing to extend East Main or whatever it is all the way through and tie into that cul-de-sac, it's going to put it right by the back of that building, and I have no way of securing that building. So, that 10 -- we'll see what kind of fence we can get built the rest of the way around that building to secure that a little bit better. JUDGE TINLEY: Did you have anything else, COMMISSIONER NICHOLSON: No, sir. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: Judge, I would like to bring up one issue on one of my committees. JUDGE TINLEY: Surely. COMMISSIONER BALDWIN: Y'all can just choose one; it doesn't matter. The fountain out here in the yard, h- 1 4- ~ 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 157 we want -- or I want to do something about that thing. It's just sitting there doing nothing. It's empty. It's not -- there's no water in it; it's not a fountain. It's a pile of rocks. COMMISSIONER LETZ: It's ugly. COMMISSIONER BALDWIN: And it's doing nothing. I mean, it's nonfunctional, and I want to do something about that, so I'm going to -- I'm going to have it on the agenda next meeting with some thoughts. I know you find that hard to believe, but I'm going to have some thoughts, and maybe a little plan of some sort. So, y'all be thinking about that. Personally, I'd like to fill it up and make a little putting green up on the top. COMMISSIONER WILLIAMS: Hey, I like that. COMMISSIONER BALDWIN: See, Bill? There's two of us. COMMISSIONER NICHOLSON: Turn it over to the Christmas lighting committee. COMMISSIONER BALDWIN: Yeah. COMMISSIONER WILLIAMS: Well, they -- they made a Christmas tree out of it in wintertime. You're right, it's ugly -- or whoever said it; it's ugly. COMMISSIONER BALDWIN: I wouldn't ever say anything like that, so it had to be Letz. But, anyway, just be thinking about that. And I think twat that -- isn't that 6- 1 9- 0 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 158 more your bailiwick? Being the courthouse square and all? COMMISSIONER WILLIAMS: Being the courthouse square? COMMISSIONER BALDWIN: Being in the courthouse square and all. JUDGE TINLEY: That's where you are, isn't it, Commissioner? COMMISSIONER BALDWIN: That's where I are. But aren't you in charge of all that? JUDGE TINLEY: I fail to find anything I'm totally in charge of. Are you giving me authority? COMMISSIONER BALDWIN: No, I'll take care of it. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: While you're at it, would you take care of that United Fund sign, get it down? COMMISSIONER BALDWIN: We can fix that. Is Road and Bridge still in the building? That can be fixed in a heartbeat. Well, I'm going home, if that's the way y'all are going to treat me .. JUDGE TINLEY: Anything else, gentlemen? Any other reports that we have? Hearing none, I will declare us adjourned. (Commissioners Court adjourned at 2:12 p.m.) E-14-04 159 1 2 3 4 5 6 7 8 9 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 18th day of June, 2004. 10 11 12 13 .--. 14 15 16 17 JANNETT PIEPER, Kerr County Clerk B Y . ________ ~Gt/)t~G/C- ----------------------- Kathy B ik, Deputy County Clerk Certified Shorthand Reporter 23 24 ,-~ 25 'c- 14- 04 18 19 20 21 22 ORDER N0.28667 BUDGET AMENDMENT CONSTABLE PCT. 1 Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Baldwin, Seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0, to transfer $50.98 from line item 10-551-202, $47.13 from line item 10-551- 570, $450.00 from line item 10-551-480 and transfer $548.11 into line item 10-551-454. ORDER NO. 28668 RESOLUTION KERB INTERFAITH DISASTER RESPONSE (KIDR) Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Baldwin, Seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0, the Resolution on the Kerr Interfaith Disaster Response (KIDR) to assist the residents in Kerr County in solving their unmet needs following a disaster. ORDER NO.28669 MERIT INCREASE COUNTY TREASURER CHIEF DEPUTY Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Nicholson, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to give the Chief Deputy Treasurer a 2 '/2 % merit increase. ORDER NO. 28670 PUBLIC HEARING FALLING WATER Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Letz, Seconded by Commissioner Nicholson, the Court unanimously approved by a vote of 4-0-0, set a public hearing for July 26, 2004 at 10:00 a.m. for the alternate platting process for Falling Water. ORDER NO. 28671 BID AWARD BACKHOE LOADER Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Letz, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, approval of the award to Holt Machinery, and enter into the lease-purchase agreement and authorize the County Judge to sign the contract upon approval of the County Attorney. ORDER NO. 28672 ACCEPTANCE OF BIDS SEPTIC TANK MITIGATION Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Letz, Seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, to accept the bids for the septic tank mitigation in Phase 1 Kerrville South Wastewater Project and refer them to Kamran Kaviani, Project Engineer for review, tabulation and recommendation for award. ORDER N0.28673 BUDGET WORKSHOP Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Baldwin, Seconded by Commissioner Nicholson, the Court unanimously approved by a vote of 4-0-0, set a Budget Workshop for June 30, 2004 at 10:00 a.m. to look at capital outlay and significant budget issues. ORDER NO. 28674 RESOLUTION CITY OF KERRVILLE'S UNIFORM DEVELOPMENT CODE Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Letz, Seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, the Resolution to the City of Kerrville requesting the City delegate the City Manager and the City Attorney to meet with the Kerr County Commissioners' Court for the purpose of proposing solutions to those portions of the Uniform Development Code which appear to violate existing law and/or interfere with the existing right and obligations of Ken County. ORDER NO. 28675 TEXAS COMMUNITY DEVELOPMENT PROGRAM AND TEXAS COLONIA CONSTRUCTION FUND AWARD Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Williams, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, the revisions to the Intergovernmental Agreement relating to Texas Community Development Program and Texas Colonic Construction Fund Award between County and the Upper Guadalupe River Authority and authorize the County Judges signature after the approval of the County Attorney. ORDER NO.28676 FLATROCK LAKE Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Williams, Seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0, allow Sundown Construction to enable the level of the lake to be reduced, while protecting the flow. To take whatever steps necessary to lower the lake while protecting the flow in accordance with state regulations. ORDER N0.28677 BUDGET AMENDMENT CONSTABLE PCT. 3 Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Letz, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, transfer $450.00 from line item 10-553-480 into line item 10-553-454 for vehicle repair and maintenance. ORDER NO. 28678 COURTHOUSE EASEMENT Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Nicholson, Seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0, a 10 foot wide easement across the courthouse property from Main Street to Jefferson Street for the purpose of placing 2 conduits in a common trench with Kerrville Public Utility Board. ORDER NO. 28679 BUDGET AMENDMENT FLOODPLAIN ADMINISTRATOR Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Letz, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to take $1000 from 15-601-487 training and $3000 for non department contingency line item 10-409-571 and transfer $4000 into line item 15-601-108 Administrator Salary. ORDER 28680 INFORMATION TECHNOLOGY POLICY Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Williams, Seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0, the Ken County Information/Technology Policies. ORDER N0.28681 CLAIMS AND ACCOUNTS On this the 14~'day of June 2004 came to be considered by the Court various Commissioners precincts, which said Claims and Accounts are: 10-General $122, 816.57 14- Fire $16,902.22 15-Road & Bridge $25,101.53 18-Law Library $7,532.32 19- Pubic Library $32,265.00 50-Indigent Health Care $44,094.88 80-Historical Commission $22.42 81-District Administration $6,817.38 TOTAL CASH REQUIltED FOR ALL FUNDS $255,552.32 Upon motion made by Commissioner Baldwin, Seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0 to pay said Claims and Accounts. ORDER NO. 28682 BUDGET AMENDMENT JUSTICE OF THE PEACE #1 Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Baldwin, Seconded by Commissioner Nicholson, the Court unanimously approved by a vote of 4-0-0, transfer $224.00 from Lease Copier line item 10-455-461 into line item 10- 455-310 for office supplies. ORDER NO.28683 BUDGET AMENDMENT COUNTY JAIL Came to be heard this the 14~' day of June 2004 with a motion made by Commissioner Baldwin, Seconded by Commissioner Nicholson, the Court unanimously approved by a vote of 4-0-0, to transfer $25,000.00 from Group Insurance line item 10-512-202 into Prisoner Medical line item 10-512-333 and transfer $49,96 from Group Insurance 10- 512-202 into Vehicle Maintenance line item 10-512-454 and transfer $1,530.47 from Group Insurance line item 10-560-202 into Vehicle Repairs/Maintenance line item 10- 560-454. ORDER N0.28684 BUDGET AMENDMENT 216TH & 198TH DISTRICT COURT Came to be heard this the 14~' day of June 2004 with a motion made by Commissioner Letz, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to transfer $1,286.14 from special trials line item 10-435-417 into line item 10- 435-401 for court appointed services and transfer $3,403.26 from line item 10-436-417 special trials into line item 10-436-401 for court appointed services. ORDER NO.28685 LATE BILL Came to be heard this the 14~' day of June 2004 with a motion made by Commissioner Williams, Seconded by Commissioners Letz, the Court unanimously approved by a vote of 4-0-0 to pay Holiday Inn Express by hand check the amount of $1,776.67 to be taken from line item 10-436-401. ORDER N0.28686 APPROVE AND ACCEPT MINUTES AND WAIVE READING Came to be heard this the 14th day of June, 2004 upon motion made by Commissioner Letz, Seconded by Commissioner Nicholson, the Court unanimously approved by a vote of 4-0-0, to waive reading and approve the minutes of Regular Session of May 10~' and 11th, 2004, and Special Session of May 17~' and 24~', 2004 of the Kerr County Commissioners' Court. ORDER NO. 28687 MONTHLY REPORTS Came to be heard this the 14~' day of June 2004 upon motion made by Commissioner Williams, Seconded by Commissioner Nicholson, the Court unanimously approved by a vote of 4-0-0 the following monthly reports as submitted. Kerr County Sheriff Kerr County Clerk Justice of the Peace #3 & #4 District Clerk Constable #1