x--- 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 L4 25 KERR COUNTY COMMISSIONERS COURT Regular Session Monday, January 9, 2006 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas O d O PRESENT: 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2^ ~ G ~3 24 25 I N D E X January 9, 2006 PAGE --- Commissioners' Comments 5 1.1 Consider/discuss proclaiming January 13, 2006 as Agricultural Day in Kerr County 9 l.~ Consider/discuss, take appropriate action approving rental fees for electronic voting equipment as per Texas Election Code 123.032 14 1.3 Execution of written agreement authorizing Crime Victims Rights Coordinator to utilize office space in courthouse during grant period, establish value of leased space 30 1.4 Consider/discuss, take appropriate action for Final Plat of Heartland Acres, Pct. 2 35 1.5 Consider/discuss, take appropriate action to award bids on lease of two all-wheel backhoes 36 1.11 Consider/discuss, appoint Kathy Banik to the Kerr County Child Service Board 39 1.12 Consider/discuss, approve application by Kerr County for grant funds from the Texas Department of Agriculture to be used for advertising Texas State Arts and Crafts Fair under the Hometown Stars Program; appoint Bob Miller as agent for applicant 90 1.10 Consider/discuss, authorize County Judge to make application to join Texas Yes Program to enable Kerrville Convention & Visitors Bureau to obtain matching funds for event to benefit Kerrville Boardwalk Project 45 1.6 Public Hearing concerning regulatory signs in various locations in Kerr County 57 1.7 Consider/discuss, take appropriate action to set regulatory signs in various locations 58 1.8 Public Hearing concerning Revision of Plat for Tract 152-A of Spicer F.anch # 3, Pct. 3 62 1.9 Public Hearing concerning Revision of Plat for Lots 5-9, Block 8, Greenwood Forest, Pct. 4 65 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 I N D E X Continued) January 9, 2006 PAGE 9.1 Pay Bills 67 4.2 Budget Amendments 71 4.3 Late Bills -- 4.4 Approve and Accept Monthly Reports 75 5.1 Reports from Commissioners/Liaison Committee Assignments 76 1.13 Reports from the followinq Departments: Information Technology 83 Road and Bridge 86 Facilities and Maintenance 105 Collections 118 --- Adjourned 129 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 On Monday, January 9, 2006, at 9:00 a.m., a regular meeting of the Kerr County Commissioners Court was held in the We have God Church here in Kerrville, who is here to offer our opening prayer. Would you come forward, please, pastor? (Prayer and pledge of allegiance.) JUDGE TINLEY: Thank you. At this time, if there's any member of the audience or the public that wishes to be heard on an agenda item -- or an item that is not listed on the agenda, excuse me, feel free to come forward at this time. If you wish to be heard on an agenda item, we would ask that you fill out a participation form. The forms are or should be at the back of the room. If they're not, why, if somebody get to that agenda item, it helps me if you fill out one of these, to not miss you if you want to be heard on that agenda item. But if there's any member of the public or the audience that wishes to be heard on a matter which is not a listed 1-9-no 5 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 z5 agenda item, please feel free to come forward at this time. I see no one coming forward. Commissioner Baldwin, what do you have for us this morning? COMMISSIONER BALDWIN: I have a couple items, Judge, thank you. I understand that the Cowboy Breakfast is this coming Friday. 6:00 to 8:00? Is that correct? DR. LEIFESTE: 6:30 to 8:00. COMMISSIONER BALDWIN: 6:30 to 8:00. Same place? DR. LEIFESTE: Same place. COMMISSIONER BALDWIN: Downtown, and it's always a fun, fun deal. They have a great breakfast, catered breakfast, and a lot of activity going around and a lot of neighbors and good friends and good visit. And -- and it's kind of a pre-run to announce the stock show and things coming up, and it's just a fun thing. I love to see our streets blocked off and have a party. I think that's one of the neatest things that we do. And I'll remind everyone that on the 26th of this month is the 150th birthday for Kerr County. We will have cookies and coffee in the -- in the courthouse here from 9:00 to 6:00, and we hope that -- I hope that you guys would bring a couple of dozen cookies. I am. And I'm sure there's an old coffee pot sitting around here somewhere; we'll whip up something. And I've invited the Tivy choir to entertain. They have not returned my call, but it will -- it will happen. Something will happen. We'll have some kind of a ~~ 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 entertainment. So, that's January the 26th, and we want to invite everybody in the county to come and celebrate the birthday of your county. So, that's all. Thank you. JUDGE TINLEY: Commissioner Williams? COMMISSIONER WILLIAMS: Just a note, Judge. The T.C.E.Q. has set January 24th at 7 p.m. in Center Point as the date and time at the C.P.I.S.D. cafeteria to have the first public meeting, which the community is obviously hopeful will lead to a contested hearing on the air quality permit filed by Wheatcraft. There was a preparatory meeting in Center Point this past weekend which I attended, and there is a lot of community interest, a lot of people showing up, trying to determine which questions should be answered and try to stay focused on the issues. So, that's forthcoming this month. JUDGE TINLEY: That it? COMMISSIONER WILLIAMS: Mm-hmm. JUDGE TINLEY: Commissioner Letz? COMMISSIONER LETZ: Two comments. One, I had mentioned previously at one of our December meetings that we would probably have Subdivision Rules on our agenda today. I chose not to do it, mainly because I was -- at that meeting, there was quite a bit of interest, and I was expecting quite a bit of feedback, of which I've received none to-date. So, I would encourage those that do want to have some input before we go into a final version to get their comments to me. There i-~-a6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 <<^1 22 23 24 25 are copies available at Road and Bridge, and I think we probably have some here available for the public to look at. So, we kind of delayed it to get that input. Hope we do get some. If not, the next agenda, it will be on the agenda for final approval -- or not final approval; final acr_eptance of the draft. Then we'll put it out for public hearing at that point. My other comment is, just be wary of fire. It's very, very dry. It's at a point that -- I've not talked to Soil Conservation, NRCS about it, but I'm not willing to even give an exemption for prescribed burning at this point. I think we need to have no fires at this point; I think it's too dangerous. If we do get some rain, there may be some sort of exemption for prescribed burns, as we have in the past, but at the moment, I don't think that's a wise move. That's it. JUDGE TINLEY: Commissioner Nicholson? COMMISSIONER NICHOLSON: Judge, aside from politics, is about the drought and about the fear of -- of a disastrous fire. I talked to the firefighters, and they're even taking such precautions as to stay home and stay close to the fire department, 'cause they're expecting at any time to be -- be needed. I find myself driving along looking at the horizon to see if -- see if that's a cloud or smoke up there. So, just following on what Commissioner Letz said, I hope everybody is very, very careful. 1 9-U t~ 8 1 2 3 4 J 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: I think, fortunately, we came out of the Christmas/New Year's holidays pretty well, considering the fireworks that were sold and popped off and so forth: At least the fire departments in the eastern part of the county reported that they weren't overwhelmed. JUDGE TINLEY: Anything else, Commissioner Nicholson? COMMISSIONER NICHOLSON: That's all. JUDGE TINLEY: Along with the rest of us here on the Court, I would like to invite all of you, as well as all the other citizens here in Kerr County, to our little commemoration of Kerr County's 150th birthday on the 26th of this month, as mentioned by Commissioner Baldwin. That will not be the big sesquicentennial event. That'll be held in April, when hopefully we've got gorgeous weather, and -- it's going to be a little hard to beat what we've had the last few days, however, but that'll be a multi-day event with a lot of different things to occur, and it's in the formulation stage right now. A little bit closer in terms of time, it sounds like Commissioner Baldwin is getting excited about this downtown Cowboy Breakfast. Maybe -- maybe he's got a team that he's going to enter in the -- in the great goat-milking championship. Sounds to me like he's getting it put together, and maybe that we can have more than one team in this. COMMISSIONER BALDWIN: He's got a funny way to hear i v uf, 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 things, doesn't he? JUDGE TINLEY: But, really, all of y'all come downtown. It's a little early in the morning, but we have a lot of fun, and there -- there'll be some hoopla and some fun to be had, and so come on down. It's Friday the 13th; it's a good way to start it off, and we'll have a lot of fun. Thank you. Let's get on with the business at hand, if we might. First item on the agenda is to consider, discuss, and take appropriate action to proclaim January 13th, 2006, as Agricultural Day in Kerr County. I put this on the agenda at the -- at the behest of the agricultural interests here in Kerr County, and to coincide with this downtown activity that we're going to have that morning, and as kind of a kickoff for the stock show. Dr. Leifeste, do you or possibly -- or Mr. Holekamp have something that you'd like to present to us this morning in support of this -- DR. LEIFESTE: I'd sure like to. JUDGE TINLEY: -- resolution? DR. LEIFESTE: I sure do want to thank the Judge and the Commissioners Court for your all's consideration on this. I think our agriculture is kind of very important. I think we've been kind of forgetting about it lately. You know, history is -- if we go back and look at history, we've had a lot of civilizations that lived without gasoline, diesel, electricity, and survived okay. Maybe not quite as 1-a-~~~ 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 comfortably as we do today. But I don't think we can find a civilization that survived without eating. And I think we need to keep that at our forefront, is that, you know, if -- if you don't think agriculture is very important, try to go a few days without eating and see how you like it in about a week. You know, food does not -- does not originate at our grocery stores; it originates with our farmers and the ranchers. And, you know, we have the most wholesome, safest, it's due to a lot of hard times that our agricultural people put in, and I appreciate y'all recognizing them. And I could bother you with a lot of statistics, but the next couple of weeks -- or this week and next week is going to be a fun time in Kerrville for agriculture. You know, Mr. Baldwin started off with we're going to have the Cowboy Breakfast Friday morning at 6:30. We have our annual goat milking; our team goat milkers are all lined up. We're going to have a couple of other events. It's all free to the general public. We want you to come down, have a fun time. We're going to have breakfast tacos, coffee, orange juice, and just a fun time. Y'all guys just work so hard; I want everybody to come down there and forget your hard work and have fun. And then next week is the culmination of 900 to 1,000 kids bringing their agricultural projects to the Hill :-y-uo 11 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Country Exhibit Center out on 27 East, and starting on Wednesday and going through Saturday, and we'd like everyone to come out. And if you're not familiar with the stock show, just ask for a director. Ask anybody, "Point me to a director; I want to know about this thing," and we'll help you out. Another thing, being this is our 150th anniversary of the existence of Kerr County, I have brought with me a few folks today that are in the agricultural business. George and Mary Virginia Holekamp, they're direct descendants of the originators of Kerr County, been in agriculture all their life, made their living off of agriculture, been here through tough times and good times, and they're here supporting me today. We have Richard Wahrmund. Would y'all want to stand up, so -- everybody knows George and Mrs. Holekamp. If you don't know them, well, you should; they're fine folks. (Laughter.) We have Richard Wahrmund. He's a grandson of Russell Dickey and Ada Mae Dickey that used to have a dairy here. They were originators of -- originally settled in Bandera, Hondo, Kerr County, many, many years ago. He's the future of our agricultural business. You know, he's the up-and-coming. He's showed at stock shows. As a matter of fact, George said he was one of the first showers at the stock show 62 years ago or so, and -- and Richard's shown. Then we have Chad Leifeste, if he'd like to stand. i q-oa 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 He represents a new facet of agriculture in Kerr County. He's a guy that has moved to Kerrville. He wasn't born here, has no ties to the origination of Kerr County, but he moved here and is doing agriculture. We have so many people that moved here that are not originally from Kerrville or Kerr County that do support our agriculture and are in agriculture now. Then we have Steve Bauer, L.L. Feed in Ingram, and he represents all the allied industries that it takes to keep our agriculture going, and so I brought a cross-section of people in the agricultural business, and we want y'all to all come down and start off Friday morning and then come out to our stock show next week. I thank y'all once again for all your hard work and effort y'all put in to run this county, and we appreciate all your efforts, and take off your coat and come on out and have a little fun with us. Thank you very much. JUDGE TINLEY: Thank you, Dr. Leifeste. COMMISSIONER BALDWIN: Thank you, sir. COMMISSIONER WILLIAMS: Judge, I think we ought to JUDGE TINLEY: The resolution -- the text of the resolution is as follows "Whereas, Americans enjoy abundant and affordable food because of the strong agricultural community across America like those found here in Kerr County; and whereas, the rural communities are the backbone of American agriculture; and whereas, from these communities come 1 9 0 t~ 13 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 our leaders of the future and the next generation of American farmers and ranchers; and whereas, because agriculture is important to our county, state, and nation, and the youth involved in agriculture are vital to the continued success of agriculture; now, therefore, be it resolved that the Commissioners Court of Kerr County, Texas, does hereby proclaim and designate January 13th, 2006, as Agriculture Appreciation Day in Kerr County, and urge our citizens to give due recognition to such date. In recognition thereof, we have affixed our signatures this 9th day of January, 2006," and to be signed by all members of the Court. Thank you, Dr. Leifeste. We appreciate your being here today, and -- and the entourage that you have with us to stress the importance of agriculture. COMMISSIONER WILLIAMS: Move the resolution, Judge. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for adoption of the resolution. Any question or discussion? COMMISSIONER LETZ: I have one additional comment I'd like to make, and just to echo what Dr. Leifeste says, that I think we tend to overlook agriculture as to how important it is to Kerr County today. It is still the backbone of this community. A lot of people don't realize that. A lot of the -- it may have changed a little bit. I think you have to look at wildlife management and all that i-~-n~ 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 whole sector as part of agriculture; it certainly is part of agriculture, and I think it is a critical element, everything from hunting to the amount of feed that's sold for the deer, the cattle. We still have a major sheep and goat industry in this area, swine. I just think that we just forget how important agriculture is to Kerr County. I'm really happy that Dr. Leifeste came and his group today, and very proud to be able to pass this resolution. COMMISSIONER BALDWIN: I wanted to echo Commissioner Letz' thoughts and comments and say that it is a -- it's an honor to vote in favor of this resolution. JUDGE TINLEY: Any other comments or expressions? 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 for being here. The next item on the agenda is to consider, discuss, and take appropriate action approving the rental fees for the electronic voting equipment as per the Texas Election Code Section 123.032. Ms. Pieper? MS. PIE PER: Commissioners, we're here again. COMMISSIONER WILLIAMS: I don't see any numbers. MS. PIE PER: No, sir, I've been too busy to put i-~-oh 15 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 anything together. COMMISSIONER LETZ: I've looked at it a little bit based on what we had previously, and I visited with Brenda from the City a few minutes ago as well. I think there's one way it can be done on a percentage per machine. I think 1 percent to 2 percent is appropriate. I think that would recoup most of the money. I mean, we're not necessarily going to recoup 100 percent of the cost of these machines. I don't have a problem with the County absorbing more than our proportion of the share; it's somewhat our responsibility to do that, but I look at it kind of as we have -- assuming about a 10-year life for these machines, there are elections -- most have them every two years. And there's roughly -- you know, trying to come up with something, about 100 -- well, there's 50 elections, basically, during the life of the machines that we have to kind of look at, and you kind of look at a few things like that. I think 1 percent's a little bit on the low side; 2 percent's a little bit maybe on the high side. I think the other -- so I think we need to set it on a -- whether it's 1, 1 and a half percent, I think either of those numbers is appropriate. I think then there's some sort of an administrative fee that we need to charge, 'cause there is a certain amount of Jannett's personnel and our County budget that goes into that, and time. Again, I look at -- $50 per i-~a-ue 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 election seems reasonable. I mean, it's probably not going to be enough to recoup what it's costing, but again, I don't mind us subsidizing a little bit. One thing we haven't included in this is maintenance of the machines. I'm not sure what the 1 and a half percent. I just kind of look at it as it's simplest to go with -- you know, look at each machine that's being used by each entity, charge 1 and a half percent of that cost of that machine to that entity for that election, and then a $50 administrative fee per election. COMMISSIONER NICHOLSON: How much would that be, Commissioner, one and a half plus $50? Just ballpark. COMMISSIONER LETZ: Well, you have -- based on using $9,500 worth of equipment, and they're not going to use all of that all the time, so that's going to be 130 bucks plus 50; $180 an election for someone who has one group of machines. The City would probably be, you know, somewhere -- $500, $600 to $700 from the City. Ingram would probably be, maybe -- I'm guessing. You know, I don't know exactly what they use, but what all machines are used by everybody, but -- and I don't think we'll recoup the replacement cost of this equipment, but I think it's a -- it's a start going in the right direction of getting something back,. I think the County needs to be i-5-Go 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 <<^0 21 22 23 29 25 obligated -- we need to talk with the Auditor about setting up a fund where the 1 and a half percent portion goes into that, a fund that's not -- it's going purely for the -- to replace or -- MS. PIE PER: By law, that is already in place. COMMISSIONER NICHOLSON: That's good. COMMISSIONER LETZ: That's good. COMMISSIONER WILLIAMS: That would get us close to $200 per machine per election. COMMISSIONER LETZ: Yeah. COMMISSIONER WILLIAMS: You're looking at $190, $150 or whatever for the 1 and a half percent; then you look at the $50. My question is, is that $50 per machine or $50 per setup? COMMISSIONER LETZ: Per setup. COMMISSIONER WILLIAMS: No matter how many machines, 1 or 10 or 20, whatever. And then there's a maintenance factor which we haven't quite determined yet. COMMISSIONER LETZ: But I think you're going to build that into the 1 and a half percent. COMMISSIONER WILLIAMS: Okay. Then you're looking at about $192.50, something like that, per machine per -- per election. COMMISSIONER LETZ: But you really can't look at it per machine, because they use a different number of machines. i-v of 18 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 16 17 18 19 20 21 22 23 24 25 There's -- you know, there's counting machines and there's this machine and that machine, whatever they're using. It's like a menu. COMMISSIONER WILLIAMS: A unit of equipment. COMMISSIONER LETZ: Yeah, right. But they -- it's -- whatever they're using, it's 1 and a half percent of the cost of that equipment. COMMISSIONER BALDWIN: This is one of those issues that -- it's kind of a no-man's land; that we haven't been there before, so you have to kind of just pull numbers out of the air. And -- and I started looking around for -- surely there's somebody else that's going through this same thing, and I found -- I found one county in our County Progress magazine, Callahan County. They're charging municipalities and schools 2 percent of the machine cost per rental. So -- and the only reason I'm saying that is that I think you're right on target, obviously. But I think 1 and a half will be fine. COMMISSIONER LETZ: And I think the understanding goes that if these machines last longer, once we get a fund built up, we just charge the administrative and maintenance cost, reduce it in future years. I think it's done on an annual basis. We're not settinq it really for the life; we're doing it for a year or so and see how it goes. It's -- you know, it's hard for me to really get into -- get my brain i-~-os 19 1 3 4 5 6 7 8 9 10 11 1~ 13 14 15 16 17 18 19 ~0 21 22 23 29 ~5 wrapped around it, to use one of Commissioner Baldwin's statements, as to how much it's actually going to mean per -- for each of these entities. I don't -- I haven't really got it all figured out exactly what machines -- like, you know, what Ingram's going to use versus what the City of Kerrville's going to use. You know, so -- but I think 1 and a half percent is a fair number. It will help. It gets the -- spreads the cost of this down the road for the replacement of the machines, and it's not a -- I don't think it's going to be a burdensome amount to any entity. COMMISSIONER NICHOLSON: I'd like to hear from, if you will, Mr. Edwards about his thinking. He's -- Mr. Edwards is the Ingram City Attorney. MR. EDWARDS: I don't have a lot to add. The last time Commissioner Letz said he thought they had a maintenance contract for 13,000 some-odd dollars, you said. Now you're saying you do not know how much the maintenance is going to be. COMMISSIONER LETZ: We11, it's hard to do per machine, is what I mean. I don't -- it's -- you know. MR. EDWARDS: But you're not -- that's taken into consideration in the 1 and a half percent? COMMISSIONER LETZ: It's in the 1 and a half percent. Just charge 1 and a half percent plus $50 administrative. i 9 0 G 20 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER WILLIAMS: Should we not also have the Auditor set up these receipts for a special fund used exclusively for replacement, repair, and maintenance of this equipment? COMMISSIONER LETZ: Sounds like we have to do that by law anyway, so we can make sure that is done. COMMISSIONER WILLIAMS: Just for the sake of people understanding what we're talking about, Jannett, a unit of equipment consists of what? One voting station in one location consists of what? MS. PIEPER: If you're calling it one unit, I have no idea what -- COMMISSIONER WILLIAMS: How would you describe it? MS. PIEPER: Each entity will have at least one JBC, which is a judge's booth controller, one eSlate machine, and one eScan. COMMISSIONER WILLIAMS: Okay. COMMISSIONER LETZ: Then you have the -- MS. PIEPER: The City may -- Kerrville city may go with two eSlate machines and one JBC and one eScan. COMMISSIONER NICHOLSON: So, that first case described was three pieces of equipment. That would be -- would be charging 1 and a half percent of the cost of each of those three, plus $50 for each of those three? COMMISSIONER LETZ: You know, and that would be a i-~-oF 21 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 little bit less than $200. JUDGE TINLEY: My understanding was that $50 was a one-time administrative fee per election to that entity. COMMISSIONER NICHOLSON: Okay. JUDGE TINLEY: And not per -- COMMISSIONER LETZ: Right. COMMISSIONER NICHOLSON: So it's $50, not $150. JUDGE TINLEY: If they have three setups, it would still be $50, the same as if they had one setup or ten setups. MS. PIEPER: In addition to the rental fee, other counties around the state are also doing some kind of a contract, or -- or it could be included in the contract, that should the equipment come back broken or something, then that entity that rented it replaces it. But I -- and in time, I will get a copy of other contracts and talk with the County Attorney and then present it to y'all as well. COMMISSIONER LETZ: Right. And I think that goes -- I mean, I didn't say that, but I think that goes kind of somewhat without saying, if machines are -- normal wear and tear is not -- MS. PIEPER: Right. COMMISSIONER LETZ: -- covered, but just if they're broken, dropped, stolen, fire, whatever, the entity that is using them is responsible for at least the depreciated value of the machine. I don't think you can ask someone for -- a i-u-oG 22 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 five-year-old machine, they're responsible for the full cost of a new machine, but I think you take a -- MS. PIEPER: If it's dropped or something. COMMISSIONER LETZ: Right. MR. EDWARDS: Question. You have a voting machine, then you have ancillary equipment to support the voting machine. Is this -- is each machine -- a supporting election machine a separate machine for purposes of the charge, or -- COMMISSIONER LETZ: Yes. MR. EDWARDS: -- is it a voting machine charge including whatever you use with it to support it? COMMISSIONER LETZ: It's whatever machines the entity are using. MR. EDWARDS: How many machines are we going to have to have to support two voting machines? COMMISSIONER LETZ: If you have two machines, then two of the -- one each. MS. PIEPER: A total of four. COMMISSIONER LETZ: Four total machines, at a total cost -- it would be 11,000, so it would be 1 and a half percent of 11,000, $160 plus $50, so $210 per election. MS. PIEPER: Plus the cost of your ballots and your programming, but that you do through Hart InterCivic. MR. EDWARDS: What's the programming? MS. PIEPER: $2,100. 1 - 9 - ~~ h 23 1 2 3 4 5 E 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Didn't you say that last time, that that was free the first cycle? MS. PIEPER: No, sir. COMMISSIONER WILLIAMS: Well, that's what your staff does to set up the election, does it not? MS. PIEPER: No, we just do the -- we just what you call zero-out the equipment. COMMISSIONER WILLIAMS: Okay. MS. PIEPER: But as far -- I do not have the software, because that was what was cut out of the budget. I don't have the software to program nor print the ballots. JUDGE TINLEY: I think the -- the thought is that after we get this first year under our belt, we will be able to build our own software so that that is not a recurring cost in later years. MS. PIEPER: Correct. JUDGE TINLEY: But it will be in this first year. MS. PIEPER: I don't know how much that's going to cost yet, so I don't know how many years we can put this rental money up and then be able to acquire that. COMMISSIONER NICHOLSON: I -- COMMISSIONER WILLIAMS: When you talk about software, are you talking about the operating system of the equipment, or are you talking about setting up each piece of gear for a specific election? ~ uE 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 29 25 MS. PIEPER: I have to set up each piece of gear for the election, and what was the other part of your question? COMMISSIONER WILLIAMS: I was trying to get just a distinction between -- when you talk about software, are you talking about the operating system built into this equipment to make it function? MS. PIEPER: No, that's there. COMMISSIONER WILLIAMS: Or are you talking about the specific setup for a unique election? MS. PIEPER: Each election, the systems -- the ballot, the JBC and the eScan -- have to be set up for each entity so that it'll know what ballot -- what candidates are on the ballot. COMMISSIONER WILLIAMS: Okay. Then you're talking about specific, unique for the election. MS. PIEPER: Right. And right now, I do not have the software to do that. COMMISSIONER NICHOLSON: This issue about the programming costs, it's troublesome to me, particularly for the entities that are very small. 'Cause I want to go back to the Divide voting precinct again. My understanding is Divide would pay something like $210 plus $2,100. MS. PIEPER: That is correct. COMMISSIONER NICHOLSON: For a dozen voters? MS. PIEPER: They haven't had an election in 10 1 9 fl F 25 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2' 23 24 25 years, so they're hoping to qo another 10 without one. COMMISSIONER NICHOLSUN: But it does mean that Ingram would pay $210 plus $2,100. Brenda? MS. CRAIG: That's our federal government at work. MS. PIEPER: Plus the cost of the ballots. That does not include the cost of the ballots; that's just programming to program their candidates and their city. MR. EDWARDS: What does the software cost to do the programming? MS. PIEPER: I don't know. I don't remember what the total amount was. MR. EDWARDS: Are we talking 50,000? MS. PIEPER: No, I don't think so. No, I'm thinking it was somewhere between five to eight, but I'm not for sure. MR. EDWARDS: 25,000? MS. PIEPER: No, 5,000 to 8,000 is what I think it was. COMMISSIONER LETZ: If that's the right amount. MR. EDWARDS: It's going to be 2,100 for all of us. You don't think you can do it all for everybody for 5,000? MS. PIEPER: Well, I can't right now. MR. EDWARDS: If you had it, you could? MS. PIEPER: Yes, it's possible. MR. EDWARDS: 5,000 is a whole lot cheaper than charging everybody 2,100. i-~-or 26 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Makes a lot more sense to go into -- I mean, to get the software now and recoup it at $1,000 per entity until we get it paid for, or 500 per entity until it's paid for. MS. PIE PER: But in addition to that software, then I have to have a high-speed printer that will print -- I think they call it multiplex or duplex or something. So, I'm not even talking to the vendor about that right now. I'm just tryinq -- COMMISSIONER WILLIAMS: It sounds like the Help America Vote Act is going to make it more difficult to allow America to vote. MS. PIE PER: What I've been through the last couple of weeks, it's been very difficult. I mean, Kerr County's getting to where we desperately need an elections administrator, and I'm even having to pull another deputy from my office to work elections. So -- and the only thing that this election equipment is going to help with is the -- the central counting station tally. The rest of it, it's putting more work on us. JUDGE TINLEY: Would you be kind enough to get the information together for us that tells us exactly what it's going to cost to be able to solve this software problem in-house so that we don't have this recurring over and over $2,000-plus cost to each election entity every time they hold 1-4-nF 27 1 7 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 29 25 an election? MS. PIEPER: I could do that. JUDGE TINLEY: Okay. MS. PIEPER: But let me also state that if y'all chose today to buy that software, there is no way that I could do all the entities this year, that I -- that I'd have time to program and print their ballots. COMMISSIONER WILLIAMS: Who's going to do it? MS. PIEPER: I don't know. I just know that -- you know, I've got enough on my plate. And, I mean, it's not that I don't -- I wouldn't mind, but, you know, if -- if he wants to come learn how to do the program and program the city and their elections -- I mean, you know, I'm not an elections administrator and I cannot do everybody's elections. COMMISSIONER LETZ: But let -- how about this, to move forward on this. One, why don't we adopt the 1 and a half percent. That will get that fee out of the way, and then at our next meeting, why don't you have Hart Graphics here before us -- MS. PIEPER: Okay. COMMISSIONER LETZ: -- so we can have them tell us how we're going to do this. 'Cause they're the ones that sold us the equipment; they need to answer the questions. MS. PIEPER: I will do that. COMMISSIONER LETZ: I'll make a motion that we 1-y-u~ 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 28 charge a fee to entities using the new votinq equipment of 1 and a half percent of the cost of the equipment used by that entity for that election, plus a $50 administrative fee per election. COMMISSIONER NICHOLSON: I second it. JUDGE TINLEY: Motion made and seconded as indicated. Any question or discussion? Mr. Edwards, did you have anything further that -- MR. EDWARDS: No, thanks. JUDGE TINLEY: -- you wish to offer on this? You had filed a participation form. MR. EDWARDS: No, thank you, Your Honor. COMMISSIONER BALDWIN: Judge? JUDGE TINLEY: Yes, sir? COMMISSIONER BALDWIN: I -- Commissioner Letz' comments about having Hart Graphics come in here is excellent. Actually, I want -- I want the numbers in here before they appear. MS. PIEPER: I will try to get those -- COMMISSIONER BALDWIN: I want the numbers in here as quickly as possible. MS. PIEPER: Okay. JUDGE TINLEY: Good comment, Commissioner. Any further question or discussion on the motion? COMMISSIONER WILLIAMS: Just one comment. Also, it 1-v o~ I 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 ~~ 23 24 25 29 might be helpful, before their appearance, if we know who and how this election to be held is going to be set up. And if -- MS. PIEPER: What do you mean, who and how? COMMISSIONER WILLIAMS: Everything associated with that, how much that's going to be. You said you couldn't program everything in time for the upcoming election. Who's going to do that? We need to know how -- MS. PIEPER: Hart is going to do it for the primaries. Hart InterCivic will do it for the primaries. COMMISSIONER LETZ: The problem -- I think what I heard from Jannett's comment was that she has city, I guess Headwaters, a lot other elections. There's a lot of other elections this year, and they're coming in groups because of the -- now we have more centralized dates for elections statewide. MS. PIEPER: Correct. Gentlemen, February 21st, I start my early voting for the primary. Then in March we have our primary. April, we're having run-offs. May, we have cities and schools. So, there -- COMMISSIONER LETZ: Yeah. MS. PIEPER: There's just no way, if we had the software, that I would have the time to program all the cities and the schools. I mean, it's not that I'm being ugly and I don't want to. I just don't have the time, and right now I don't have the knowledge. I don't know that. i-a uh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 30 COMMISSIONER LETZ: Right. That's something we can ask Hart Graphics; maybe they can figure out a way to at least -- I mean, I agree with what Mr. Edwards is saying, that it makes no sense to charge each entity $2,100 when the software doesn't cost that much. If we commit to figuring out how to pay for the software, maybe we can get Hart Graphics to do the programming. I mean, certainly, they're knowledgeable; they should be able to do it relatively quickly. You know, maybe I'm way off base on that, but anyway, that's what -- when we get Hart Graphics here, we'll find out. JUDGE TINLEY: Any further questions or comments on the pending 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. (NO response.) JUDGE TINLEY: That motion does carry. The next item on the agenda is execution of written agreement authorizing the Crime Victims Rights Coordinator to utilize office space in the courthouse during the grant period, and establishing the value of leased space for purposes of an in-kind match for Victims of Crime Act Grant Number VA-17504-O1. Ms. Lavender. MS. LAVENDER: Good morning. This is just an item to clean up something that we didn't catch the first time 1 - 9 - 0 6 31 1 ... 2 3 4 5 6 7 8 9 10 11 1G ,,, 13 14 15 16 17 18 19 20 21 22 23 --~ 2 4 25 around with our grant application, and as you all know, this And in the resolution, I made When we do the new grant application for next year, then we can adjust that office space cost if we need to. It's also, we found out last time, a part of the cash match -- rather, the in-kind match of the grant. As we go along with this thing, we learn new things about every three or four months when AACOG e-mails us something, so all this is is just a -- an item to clean up something that we actually left out. We didn't get in trouble for it; they're not upset with us over it. It's just a little detail that we missed in the original approval. On the 26th of January, that morning before the party that afternoon, I'm going to go to AACOG and we will begin our second round of applying for a new VOCA Grant, and I'll be back with you to get a resolution from the Court for permission to apply for that grant. And things are going well in the program. I counted last week, so we got our six -- six-month information to Texas A & M, and I have come in contact with, since the 1st of July, including the carryover -uh 32 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 what we were doing the first part of the year, with 203 victims, and so that's far above the goal that we set in the grant application originally. COMMISSIONER WILLIAMS: Ms. Lavender, is this 59 cents per square foot consistent with a similar resolution we did for the County Attorney? MS. LAVENDER: No, it is not. COMMISSIONER WILLIAMS: Is this -- this squares in with the grant that you're currently under? MS. LAVENDER: Correct. It's under the grant we're currently under, and then we'll adjust it when the new grant application goes in. COMMISSIONER LETZ: What is the difference between those two? Do you recall? MR. EMERSON: A dollar and quarter. MS. LAVENDER: Dollar and a quarter. MR. EMERSON: That was the comparable amount that we put on the other grant. MS. LAVENDER: Right. COMMISSIONER LETZ: Do you see any potential problem by having a discrepancy of basically the same space having different per-square-foot value? MS. LAVENDER: When we apply for the new grant cycle, then we'll adjust it to make them match. I don't know that the -- I don't really know if the value of the office i-~-oc 33 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 space in the basement of this building is the same as the value of the office space in the annex, either. I don't have -- anyway, that would be a Glenn question, and I can't answer. COMMISSIONER LETZ: Should be much higher than the annex. MS. LAVENDER: It's more -- this is the executive suite here? COMMISSIONER WILLIAMS: It's historical value. MS. LAVENDER: Exactly. COMMISSIONER LETZ: Move approval of the resolution. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the resolution. Ms. Lavender, generally, the -- the function of your office in connection with crime victims, I know heretofore a lot of the -- a lot of the expense involved in crime victims is medical expense. MS. LAVENDER: Correct. JUDGE TINLEY: Some of which I am led to understand would have fallen under our indigent health care program, and which we would have been responsible for paying. Do you have any estimate in round figures of the dollar amount of medical expenses that would otherwise be -- fall under our indigent health program that you've managed to funnel over into this Crime victims? 1-G-o5 34 1 .~ 3 4 5 6 7 8 9 10 11 12 """ 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. LAVENDER: Well, I totaled up at the end of October the amount of money that Crime Victims had paid in medical claims, the residents of Kerr County or people who were considered crime victims in Kerr County, and it was a little over $80,000 at that time, actual dollars that have outstanding claims right now. Some of them are -- most of them are Kerr County residents who were airlifted to either University or Brooke Army Medical Center or Wilford Hall, and some of those claims eventually would have come back to us as indigent health care claims, because the hospitals in San Antonio also have access to filing indigent health care claims through our county's funding. Last week alone, I saw potential claims in the neighborhood of about $350,000, $360,000, so what we're doing is of benefit. We're -- you know, we're stopping some of the -- of the costs of health care going out into the indigent health care plan. The Texas Crime Victims Compensation Fund pays only up to $125,000 in really major things. We haven't had anything that has paid that much, but we've got some large outstanding ones right now that I'm working on to -- to hopefully get at least part of them paid through Crime Victims. JUDGE TINLEY: Okay, thank you. Any question or discussion on the motion? All in favor of the motion, signify by raising your right hand. 1 9 0 6 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~5 (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. MS. LAVENDER: Thank you. JUDGE TINLEY: Thank you, Ms. Lavender. Let's move to Item 4, consider, discuss, and take appropriate action for final plat of Heartland Acres located in Precinct 2. COMMISSIONER WILLIAMS: Leonard? MR. ODOM: Yes, sir. This is in Precinct 2. We've gone over this with the Commissioner and Mr. Voelkel. It's an alternate plat process. It's three lots; four or less lots. Everything on here, TexDOT has been -- this fronts on Lower Turtle Creek and backs up against The Woods there. The floodplain is shown. Flood elevation minimum floor is shown. TexDOT approval has been -- gone through TexDOT, so what I have before you is acceptable. I recommend to the Court we have a final approval for this plat. COMMISSIONER WILLIAMS: Move approval of the subdivision plat review -- COMMISSIONER BALDWIN: Second. COMMISSIONER WILLIAMS: -- of Heartland Acres in Precinct 2. JUDGE TINLEY: Motion made and seconded for the approval of the final plat of Heartland Acres located in -q-o~ 36 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 Precinct 2. Is there any question 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. (No response.) JUDGE TINLEY: The motion does carry. Let's move to Item 5, if we might. Consider, discuss, and take appropriate action to award bids on the lease of two all-wheel backhoes with power tilt attachments. We had opened the bids on these items at a previous meeting and referred them to the Road and Bridge Administrator for review, evaluation, and recommendation. MR. ODOM: What I have -- I gave you the list of bidders and their bids. Holt Equipment is the low bid for $113,788.80. I want to point for the record that I show 116,036. That was the bid that Equipment Depot had written out, but when I calculate it out, that number's a little bit different. But it's irrelevant; the low bid is still Holt Equipment. My recommendation is that -- that the Court award the bid to Holt of San Antonio there. COMMISSIONER LETZ: Move approval of awarding the bid to Holt Cat. COMMISSIONER BALDWIN: I'll second that motion. JUDGE TINLEY: Motion made and seconded to award the 1-9-OF 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 bid for the lease of two all-wheel backhoes with power tilt attachments to Holt Caterpillar Equipment. Any question or discussion? COMMISSIONER BALDWIN: I've got a question. Is this our way of supporting the San Antonio Spurs? MR. ODOM: Indirectly. JUDGE TINLEY: The equipment as proposed by Holt does meet the specifications? MR. ODOM: It does meet the specifications, yes, sir. And the correction I was telling you about, that bid was 138 instead of 116,000, so there was -- I don't know how they did it, but we would have -- had they been the low bid, we would have clarified that, what was written out and what the bottom line was versus what their monthly payments were. But Holt beat everybody substantially, and met our specifications. JUDGE TINLEY: Any further question 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. (NO response.) JUDGE TINLEY: The motion does carry. COMMISSIONER LETZ: I was going to ask a quick question. MR. ODOM: Yes, sir? 1-9 II F. 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 COMMISSIONER LETZ: How does Holt, in your mind, beat everyone consistently? MR. ODOM: Consistently? It gets down to residual value. What we're paying for is what we use, and that the others are basically -- you can look at 140,000. I had Texana in -- COMMISSIONER LETZ: Right. MR. ODOM: -- and was talking about it, but bottom line is, I was buying it. I was paying for it, and they were getting it back. And the bottom line is -- is what people think of the equipment and -- COMMISSIONER LETZ: So, resale value is the bottom line. MR. ODOM: That's right. And they're going to be able to go back and resell a Caterpillar. They're not going to take a Ford or something outside their line and not make a whole lot of money, but they take their equipment and they got what their residual value is. And we don't use it -- we don't tear it up. It's something that, in talking to Texana and John Deere, that people are starting to -- they're starting to go to that, but the question is what the residual value is. COMMISSIONER LETZ: So, what it is is that, even though the equipment costs more if you were to buy it, because of the -- Holt is valued better on a lease-purchase or leases, they're able to come in here and -- 1-g-o6 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 MR. ODOM: That's right. And all I'm paying for is that spread in between, which is a win-win for us. COMMISSIONER LETZ: Right. Okay, good. JUDGE TINLEY: Okay? Thank you, sir. Let's move to Item 11, consider, discuss, and appoint Kathy Banik to the Kerr County Child Service Board. Commissioner Baldwin. COMMISSIONER BALDWIN: Thank you, sir. As you can see and as you know, the Kerr County Child Service Board is continually moving along and doing their work. As we -- as they do that, we move along and add new members -- active members to the board. And it's my pleasure and an honor to appoint Kathy Banik. We all know her, and she's a wonderful person. COMMISSIONER WILLIAMS: Hardworking. COMMISSIONER BALDWIN: Hardworking. Pretty. And -- COMMISSIONER NICHOLSON: Second the motion. COMMISSIONER BALDWIN: That was my motion. And thank you. JUDGE TINLEY: Motion made and seconded for approval of the agenda item to appoint Kathy Banik to the Kerr County Child Services Board. Any -- any further question 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. i-s-a r, 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (No response.) DODGE TINLEY: The motion does carry. COMMISSIONER BALDWIN: Did you take all that down? Good girl. Thank you. DODGE TINLEY: Let's move to Item 12, if we might. Consider, discuss, and approval of an application by Kerr County for grant funds from the Texas Department of Agriculture to be used for advertising Texas State Arts and Crafts Fair under the Hometown Stars Program, and the appointment of Bob Miller, Executive Director of the Texas State Arts and Crafts Education Foundation as agent for that application. MR. MILLER: Thank you, Judge Tinley and Commissioners. This is an application through the Department of Agriculture, Texas Yes Program. It actually requires the County to -- to be the -- submit the application. It allows -- the application allows you to assign me the admin -- essentially be the administrator on the program, which means I get to supply them with the supporting paperwork and whatnot. It is a matching grant from the Department of Agriculture to match funds we expend for advertising. Does not require any County funds of any kind. COMMISSIONER WILLIAMS: This is for the promotion of Texas State Arts and Crafts? MR. MILLER: To promote the Texas State Arts and i-9-ati 41 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 Crafts Fair, which every year -- it's for advertising dollars strictly, and every year it's a tougher and tougher battle for us to get people from out of town to come -- you know, drive to Kerrville, so we need every advertising dollar we can garner for that project. COMMISSIONER WILLIAMS: Move approval of the grant application as proposed by Mr. Miller -- COMMISSIONER BALDWIN: Second. COMMISSIONER WILLIAMS: -- for grant funds from Texas Department of Agriculture to be used for advertising of Texas State Arts and Crafts Fair. JUDGE TINLEY: That was a second, Commissioner Baldwin? COMMISSIONER BALDWIN: Yes, sir. JUDGE TINLEY: Okay. Motion made and seconded for approval of the agenda item. It's my understanding that the only application we -- the only action that would be required on behalf of Kerr County would be the actual submission of an application to the Texas Yes Program of the Texas Department of Agriculture; is that correct? MR. MILLER: Actually, if you'll just sign the document, I'll even do the submission. JUDGE TINLEY: All right. COMMISSIONER WILLIAMS: And authorize County Judge to sign same. 1 ,A o F 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 JUDGE TINLEY: All right. MR. MILLER: Thank you very much. JUDGE TINLEY: Any -- any further question or discussion on the motion? COMMISSIONER BALDWIN: I've got -- COMMISSIONER NICHOLSON: Judge, I've got an editorial comment about this item and Item 10. I don't know if it's a comment or question. It surprises me that the Texas Department of Agriculture has funds for arts and crafts fairs and for boardwalks. MR. MILLER: May I approach the bench? There's the program. They've got roughly, I think, this year $300,000, and it is to promote tourism in rural communities, is specifically what the program is for. Kerrville -- if we were in the city limits of Kerrville, we couldn't apply for it, 'cause their population is over 20,000. COMMISSIONER NICHOLSON: I'm happy to get the funds. You know, it's like a lot of other things that come from Austin or Washington; you have to take it or somebody else will. But I wonder what the Department of Agriculture is -- what is their business being involved in projects like these two? COMMISSIONER BALDWIN: I've always wondered the same thing about -- TexDOT has money for parks that we have attempted to tap into before, and -- strange animal. -a-oh 43 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 MR. MILLER: The trick is finding them, you know. I mean, we just -- we found out about this program by going to the Texas Festival Events Association convention. If I hadn't gone to a session on that, I'd have no idea that the Texas Department of Agriculture had funds that we could apply for. COMMISSIONER WILLIAMS: There's been a lot of realignment, and if I'm not mistaken, Texas Capital Fund is now under the Department of Agriculture, and the U.S.D.A. is doing sewers and water projects, and just a whole lot of realignment that's going on. COMMISSIONER BALDWIN: Anyway, we can promote agriculture in our county anyway. What I wonder is, is this item and Item Number 10 -- are they -- do y'all -- is this the same funds you're -- are y'all competing against -- MR. MILLER: We're -- yeah. I'm not sure we're competing. They will select -- MS. BURDITT: There's two different sections. COMMISSIONER BALDWIN: Two different pots of money? COMMISSIONER LETZ: They just went to the same conference. COMMISSIONER WILLIAMS: To learn where those pots were. MS. BURDITT: The actual of how these dollars went there, the Department of Commerce, when -- when the Texas Department of Economic Development, with tourism underneath 1 9 U 6 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ [. L 23 24 25 it, was dissolved in the sunset -- what's it now been, three years ago? Almost four. They moved part of those -- they moved part of it to the governor's office, but all the real nuts and bolts were moved to the Agriculture Department. That's where it came; that's why it's all new programs, is because they came out of that merger. COMMISSIONER LETZ: But this -- going back to the agreement -- COMMISSIONER WILLIAMS: This will allow for a little less than a third -- almost 30 percent of your advertising cost to be reimbursed? MR. MILLER: Up to a ma:cimum of 10,000, is all that we can do. COMMISSIONER LETZ: Hope you get it. MR. MILLER: I do, too. Thank you, gentlemen. JUDGE TINLEY: Any further question or discussion on the motion? I'm sorry. Did you have anything further, Sudie? My phone's buzzing up here. COMMISSIONER BALDWIN: Is that you? JUDGE TINLEY: Yeah. My pacemaker working. COMMISSIONER LETZ: I thought it was a weedeater. JUDGE TINLEY: Sounded almost like a weedeater. Any -- any further question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) i y nr, 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: We'll move to Item 10, a similar item. Consider, discuss, and authorize the County Judge to make application on behalf of Kerr County to join the Texas Yes Program administered by Texas Department of Agriculture to enable Kerrville Convention and Visitors Bureau to obtain matching funds from the department for event to benefit Kerrville Boardwalk project. It sounds as though I'm already making application to the Texas Yes Program. This is just a different shade of the same animal, it appears. Ms. Burditt? Mr. Farrar? If you'd like to tell us what this is all about, why, we'd be happy to listen to you. MR. FARRAR: Good morning. My wife and I own a bed and breakfast here in Kerr County, not too far from -- JUDGE TINLEY: Please identify yourself. MR. FARRAR: I'm sorry. My name is David Farrar. My wife Desiree and I are here and representing Trail's End Guest House. We're working with -- in conjunction with the Convention and Visitors Bureau to put on this event to benefit the Kerrville Boardwalk Association, or whatever the title is; I'm just not too clear on that title. My wife and I own a bed and breakfast here in Kerrville -- or actually in Kerr County. We decided that we liked the concept of as many bed and breakfasts in Kerrville as we can get, as opposed to Gillespie i-~a-oe 46 1 2 3 4 J E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 County and us getting the overflow. One way to push this is to have more tourist attractions in Kerrville, Kerr County. When the Boardwalk came up, we were very interested in it. We saw where a lot of donations were being made, large ones. Not enough, of course. But then we got to thinking. Out of all our guests -- 'cause we work pretty extensively with our guests and visiting with them and all -- no one had ever heard of the Boardwalk. No one had any idea of it. When you go to any county in the hill country that has access to the Guadalupe whatsoever, they -- they promote that quite extensively. I mean, Comal County's living proof of that. We thought that this would be the very best use of the river that's come up so far. It had so much other funding and so much cooperation of other individuals. We thought, let's get involved with something that will help promote this over the years, since it is a long-term growth project. We visited with -- we have been members of Texas Yes for some time. We visited with the Convention and Visitors Bureau and got what their input is, and wanted to know if they would co-op the event with us. The event is basically -- it's -- it's food and wine tasting. It's other hill country products, and it's a little more -- I don't want to say it's high-dollar; I don't want so say it's low-dollar. I don't want to saying anything like that, but the target audience we're trying to reach is, so many people come to the hill 1-9-U6 47 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 ~4 25 country -- and this is our experience from tourism. So many people come to the hill country and they look for several things. One day they're eating barbecue and the next day they're asking us where they can go to get the best steak dinner they can. We decided we would present the hill country as what it actually is. On one hand, you've got some of the best restaurants you'll ever have in the world. On the other hand, you have the best places to pull over and eat burgers, sit outside and drink a bottle of beer. So, this is what we're looking to do. We want to present a wide spectrum of different tastes, different feelings, just the whole ambience of the hill country. We're doing it on our property, which is 23 acres. We're making extensive renovations to our property so when people come in, they actually go out; they can wander among the trees. They're walking up and down the hills. Around every corner will be a new place to taste, touch, see, or feel some of these parts of the hill country. We're asking sampling procedures, things like that. They will have other items for sale. They will donate a small portion of the profits, or they will donate things to the silent auction that we're going to have. We look at this as an annual event, because the Boardwalk is going to be an ongoing growing project, and it's 1-~-nF 48 1 3 4 5 6 7 8 9 10 11 12 -- 13 14 15 16 17 18 19 20 21 22 23 °. 2 4 25 continuing to just get better and better for the area. The actual reason for why we're going to Texas Yes is the money. We want the $10,000 in matching funds. Again, as my aren't up, et cetera, et cetera. We all know the drill of that one. It's also -- to address your question there, Mr. Nicholson, 'about the -- the Department of Agriculture, I've spent a lot of time on the phone with these folks, and they explained one thing to me, is that because this was a ranching economy out here, and in so many of the rural counties, that's what it was, they feel like they have a duty through the Department of Agriculture. This is why the mechanics were passed to the Department of Agriculture, to basically save the tax revenues of these counties and to increase them to where the counties could still offer the goods and services that they do, even though the agricultural base has been eroded away. That's what was explained to me why it was -- the mechanics were transferred to the Agriculture Department. So that's really, in a nutshell, what it is. Again, we, in conjunction with the Convention and Visitors Bureau, will be filling out the paperwork and then submitting them to you. There's a sample copy that I gave to you, Judge Tinley. i ~ ors 49 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 ~5 And that's pretty much it in a nutshell, unless anyone has any questions. COMMISSIONER BALDWIN: I do, Mr. Farrar. MR. FARRAR: Yes, sir? COMMISSIONER BALDWIN: Let's see, how can I do this without being abrasive? MR. FARRAR: Go ahead, be abrasive. I was married to a French woman for 10 years; nothing can -- COMMISSIONER BALDWIN: So, I'm okay. And it's just total ignorance, believe me. I'm not being abrasive here. I just don't see what -- how does this -- how does this enhance the Boardwalk? MR. FARRAR: All -- I'm sorry. You're right. All the proceeds are given to the Boardwalk. COMMISSIONER BALDWIN: I'm right? MR. FARRAR: I apologize for that. COMMISSIONER BALDWIN: I see. So -- MR. FARRAR: All the proceeds are given to the Boardwalk. They're the beneficiary of it. COMMISSIONER BALDWIN: Okay, super. COMMISSIONER LETZ: How much, potentially -- or how much do you hope the Boardwalk would receive? MR. FARRAR: We'd like -- I'd like $20,00 or $25,000. COMMISSIONER LETZ: That much? 1 5 0 6 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 MR. FARRAR: That's pretty aggressive, and we may be way off that mark. But since this is a first-year event, you just never know. COMMISSIONER NICHOLSON: Where is Trail's End? MR. FARRAR: Trail's End is -- you go out Loop 534 to Cypress Creed Road, three and a half miles, and I'm sure we all know where the shooting range is. And if you take a right at that neighborhood there and you go to the back of the neighborhood, we're at the far end of the neighborhood. COMMISSIONER LETZ: Precinct 3, just to make sure you know where it is. COMMISSIONER WILLIAMS: My question has to do with -- with the application itself. You're making application to Texas Department of Agriculture. I'm reading from the styling on the agenda item. MR. FARRAR: Sure. COMMISSIONER WILLIAMS: To enable Kerrville Convention and Visitors Bureau to obtain matching funds from the Department for event to benefit Kerrville Boardwalk project. Are we talking -- what exactly are we talking about? Promotional money? You're asking for promotional money which will come through C.V.B. for the purpose of promoting this event? Is that -- is that what we're asking? MS. BURDITT: Yes. COMMISSIONER WILLIAMS: Yes? 1-~-nF 51 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. BURDITT: Yes. COMMISSIONER WILLIAMS: And then, assuming and hoping that this is a success, the net proceeds go to the Boardwalk project for its use in terms of whatever it's doing? MR. FARRAR: Yes, sir. COMMISSIONER WILLIAMS: I guess I understand. COMMISSIONER LETZ: I think I understand. I guess my -- I have two concerns. One, your location is somewhat remote. MR. FARRAR: It's very remote. COMMISSIONER LETZ: And I guess -- is that a reasonable location for an event? And that's kind of just -- MR. FARRAR: That's the first question every -- that's the first question everyone asks. Unfortunately, when you go to a lot of events in the hill country, they're out in the open. They're right against the highway, and you really don't experience or feel what a day's walk in the hill country is. If you could all imagine that you lived in Houston or Dallas or San Antonio, and you go somewhere, park your car and walk down a trail, be out in the woods and be out in the hills, but still receive the same type of attention and service that you would at an event that was held at a -- maybe a convention center or things like that -- think of it as a trade show located in the hills. t-y-oh 52 1 2 3 4 5 6 7 8 9 10 11 12 13 19 1J 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Okay. And my other question, it's probably more probably to Rex, more a legal question. This is getting very close, in my mind, to the County supporting spending -- it's state funds, not county funds, but the County helping sponsor something that's benefiting a private entity, being your B and B. Do we have any concerns there, Rex? Should I be concerned about that? And I'm not -- I mean -- MR. EMERSON: I don't know the legitimate answer to that. You'd have to go back and look at the program itself to see what the restrictions are. COMMISSIONER LETZ: I just -- I want to make very certain that this is an appropriate use, because it is -- even though it's -- it's not directly benefiting your business, it -- there's certainly clearly an indirect benefit to your business. MR. FARRAR: Sure, it's an indirect benefit. COMMISSIONER LETZ: I just want to make sure that we're not getting the County into a legal predicament. MR. FARRAR: It's no different from the days when the County would have to go to some landowner and say, "Would you let us use your property for this and this and this so the County can obtain funds?" And that's what -- in essence, that's what we're doing. The County needs the tax dollars; we all agree upon that. One way to bring tax dollars in the i-~-ua 53 1 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L 1 22 23 24 25 county is for the Boardwalk to be a success and draw a lot of tourists. COMMISSIONER LETZ: I understand all that. I'm just -- it's just a -- it's a little bit closer relationship than I'm used to seeing before the Court. COMMISSIONER WILLIAMS: Commissioner, maybe the answer lies in who's going to administer the funds. JUDGE TINLEY: Speak to that. MR. FARRAR: We don't have anything to do with the dollars. All the dollars will be administered through -- you know, they'll be actually administered through the Boardwalk Association. We had thought about going through Visitor and Convention Bureau, but they're just not logistically set up to do that. The only dollars that will actually go through our own self is, we have -- we're applying for a liquor license -- or a beer and wine license. We will have a beer and wine license. Since we'll be the licensee, the dollars will have to be put through our beer and wine license. However, all those moneys will be audited by a representative of the Boardwalk Association. COMMISSIONER LETZ: Convention and Visitors Bureau, they don't -- they're comfortable with the relationship? MS. BURDITT: I think we're fine. COMMISSIONER LETZ: I mean, I think it's a neat idea. It's just something we have never -- I've never seen i-~-uG 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~5 before with a private entity. We've done it with organizations that are nonprofits before. This is just -- Mr. Miller's. But it's just a matter -- this is a little bit different, in my mind. MS. BURDITT: It's actually up to the Department of Agriculture to determine that. If they question it, they won't award the grant. All we're doing is applying for the grant. If they don't -- COMMISSIONER LETZ: That's true, too. MS. BURDITT: If they don't like the trail, then they won't award it. MR. FARRAR: That's just more money we have to raise for advertising. COMMISSIONER WILLIAMS: How much are you applying for? MR. FARRAR: The full amount, 10,000. They match up to $10,000. They match up to $10,000, and I'm assuming our advertising budget will be somewhere in the -- because we're also doing a web site, be somewhere between $25,000 to $35,000. COMMISSIONER LETZ: Bob, you had -- MR. MILLER: Only comment is, if you take a look at the pink sheet, you all are limited to two grant awards per body from the Texas Yes Program, so if you approve both of these, that's it for a while. So, you know -- and I don't i-y-o~ 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know that anybody else has got anything in the wings. And they've only approved 20 of it as of yesterday; they had 10 -- I mean as of Friday. So, pretty good shot that they'll all be approved. MR. FARRAR: Yeah, it will be. COMMISSIONER WILLIAMS: If the grant is awarded and it's administered by the Boardwalk people, are they obligated to use it solely and exclusively to promote your event, which ultimately benefits them if you -- if you make any money? Or can they use it for any and all events? MR. FARRAR: They cannot use it except for this particular event. There'll be a separate banking account set up for this, and all the moneys will go towards the advertising. We have to give the Texas Yes Program a strong, fixed budget; we have to stay within those guidelines. COMMISSIONER WILLIAMS: Okay. COMMISSIONER BALDWIN: I don't -- MR. MILLER: It's not even -- none of us will get the money first. We spend the money, submit the invoices; they approve the ones they want to approve, and then they write a check. So, it's a -- COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: You had a question, Commissioner? COMMISSIONER BALDWIN: I just wanted to make a comment. I see this thing as, you know, the Court is not i ~, u f 56 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 G2 23 24 25 necessarily endorsing this man's business. We're not endorsing drinking wine. We're not endorsing a Boardwalk or anythinq -- you know, anything else, so I move for approval. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Any further question or discussion? COMMISSIONER NICHOLSON: Judge, I'm -- I'm impressed that the C.V.B. is a part of this, and I want to say to Ms. Burditt that I have a lot of value for the work your organization does. MS. BURDITT: Thank you. COMMISSIONER NICHOLSON: Sometimes I'm critical of local organizations, so when I see one that's doing a really good job for our community, I like -- like to acknowledge that. So, thank you for your work. MS. BURDITT: Thank you. JUDGE TINLEY: Just another way to try and get some outside dollars into this area and benefit local projects, and hopefully it will continue the flow of other dollars. Any further question or comments? 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. At this i y nh 57 1 2 3 9 5 6 7 8 9 10 11 1L 13 14 15 16 17 18 19 20 21 L 2 23 24 25 time, I will recess the Commissioners Court meeting, and I will open a public hearing, that public hearing having been scheduled for 10 o'clock. (The regular Commissioners Court meeting was closed at 10:07 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: It's approximately 7 or 8 minutes after that time now. That public hearing being concerning regulatory signs in various locations in Kerr County; specifically, setting speed limits on Peterson Farm Road at 35 miles an hour, Hermann Sons Road at 45 miles an hour, Lane Valley Road at 95 miles an hour, and regulatory signs as follows: At George Muck, a stop into Loyal Valley, and Marilyn, a stop into Greenwood. Is there any member of the public that wishes to be heard with regard to these regulatory actions proposed to be taken by -- by Kerr County? Any member of the public that wishes to be heard? (NO response.) JUDGE TINLEY: Seeing no one stepping forward, I will close the public hearing concerning regulatory signs in Kerr County, and I will reconvene the Commissioners Court hearing. (The public hearing was concluded at 10:08 a.m., and the regular Commissioners Court meeting was reopened.) 1-9-06 58 1 2 3 9 5 5 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: And I will call the next item on the agenda, Agenda Item 1.7, consider, discuss, and take appropriate action to set regulatory signs in various locations in Kerr County. Mr. Odom. MR. ODOM: Yes, sir. As you -- the Judge has already pointed out the various locations I submitted to the Court for acceptance, and understand that we have some other -- we'll be doing some more streets, roads for traffic, and also one in Commissioner Nicholson's area out there for Klein Branch that we've already taken a look at, and we'll do it again for an increase in speed there from what is posted right now. But we'll be doing this in the future, but right now, this is something that we would like to go ahead and -- and ask the Court to accept. COMMISSIONER WILLIAMS: Move approval. COMMISSIONER NICHOLSON: What's the -- go ahead. Second. JUDGE TINLEY: Motion made and seconded for approval of the regulatory signs in Kerr County as indicated in the agenda item and as discussed in the public hearing. COMMISSIONER NICHOLSON: What's the current speed limit on these three roads? MR. ODOM: Peterson Farm is 45 on our end. Hermann Sons is not posted, nor is Lane Valley, so we were trying to -- different complaints we've heard, we've tried to set i ,-ot, 59 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 something that was 85 percentile, something that was reasonable. COMMISSIONER WILLIAMS: Well, on Peterson, we need to be consistent. There's a sign posted by the city of Kerrville going east to west that says 35, and we put one up going west to east that says 45, so what we're trying to do is get consistent here. MR. ODOM: Yeah. For all general -- we run the traffic and the 85 percentile is there. If you drive the road, it's at 35, but you've got different things. You've got a church, you've got a school. Now, the school's a little bit different, because they only have buses and things like that. The school's not overly upset with that. We have a blinking light. However, consistency is better, because there's been some -- depends which way the law enforcement wishes to look at the speed limit, from 35 or 95 miles an hour. COMMISSIONER WILLIAMS: Well, if you're a city of Kerrville cop and you're getting Mooney traffic at the close of shift, you're going to look at 35. If you're a county deputy sheriff looking at Mooney traffic going to work, you're going to look at 45. So, we'd better get it consistent. MR. ODOM: And I had consistency throughout the whole thing as it develops out there, which eventually we'll -- we'll do. 35 is probably there. COMMISSIONER LETZ: Leonard, where -- or how many 1 5 0 6 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 13 19 20 21 22 23 29 25 locations do you plan on putting speed limit signs on Hermann Sons and Lane Valley? MR. ODOM: Probably front, middle, somewhere along in there. Probably front, middle, and end, back there somewhere. COMMISSIONER LETZ: I think middle is probably sufficient. MR. ODOM: Yeah. They're not as bad up front because they can see a little bit more, it seems like. And where we've looked at Hermann Sons on the other one, it's so winding and all, it -- you know, it would probably -- probably turn out all right. COMMISSIONER LETZ: Okay. COMMISSIONER NICHOLSON: On a related issue -- semi-related, we've talked recently about the sidewalks to nowhere. I saw a new sign down here on one of these sidewalks to nowhere that says, "Warning, sidewalk ends 100 feet." (Laughter.) MR. ODOM: My understanding, why that was brought up -- may I mention? I heard that they were trying to make us go all the way to the landfill with the sidewalk. Is that correct? COMMISSIONER NICHOLSON: No, they backed off of that. COMMISSIONER LETZ: All right. 1 9 ~ h 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 25 DODGE TINLEY: Would that be our responsibility? If -- if we build sidewalks, we put warning signs of the termination of the sidewalk, do you think, Mr. Odom? MR. ODOM: My opinion? My opinion is that that's a function of the City, and that the tort liabilities would be to the City to sign that. Because if you went from one point to another, we're doing as they implied. I see nothing in the regulations that says it needs a speed limit sign or anything like that on it. So, I think that that would be their responsibility to sign it. COMMISSIONER NICHOLSON: Sorry I brought it up. COMMISSIONER LETZ: Well, I will say that as much grief as I've given the City, they've got lots of those going on. There's one over on Goat Creek going from nowhere to nowhere, so they're being consistent. COMMISSIONER NICHOLSON: They're consistent. MR. ODOM: Theoretically, it may be a great idea, but in practi~~e, I don't see it working functionally properly, for whatever reason. JUDGE TINLEY: Okay. We have a motion and a second. Any further question 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. (NO response.) i-s-oh 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 JUDGE TINLEY: That motion does carry. The next item that we have is a timed item for 10:15, and it is that time now, so I will recess the Commissioners Court meeting and I will convene a public hearing concerning the revision of plat for Tract 152-A of Spicer Ranch Number 3 as set forth in Volume 3, Page 84 of the Plat Records, and located in Precinct 3. (The regular Commissioners Court meeting was closed at 10:15 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: Is there any member of the public that wishes to be heard concerning the revision of the plat for Tract 152-A of Spicer Ranch Number 3 as set forth in Volume 3, Page 89 of the Plat Records, and located in Precinct 3? MR. ODOM: For the record, Judge, Leonard Odom. JUDGE TINLEY: Yes, sir? MR. ODOM: I would like to correct that. That is Precinct 1. Now, I don't know -- I'll take responsibility for that, but I believe that we turned it in as 1, but it may be a typo. Could have been on our part or either as this was typed up, but this is in Precinct 1. And there's no action that needs to be taken on this at this time. Mr. Domingues did not have a final, so that's the reason we're not setting anything up for final on this. This is a revision -- this is like an ~.-~-~ e 63 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 alternate platting. This is relatives, and it's one of those e:;emptions that are allowed to be platted as such, and we think it's a good move. COMMISSIONER LETZ: Does the -- JUDGE TINLEY: I would note in the Notice of Public Hearing that was published that the reference to the revision of plat for Tract 152-A of Spicer Ranch Number 3 does not indicate what particular Commissioner's precinct that is located, so it would -- it would occur to me that we've got no defect in our public notice here and we can proceed with this public hearing. Is that correct, Mr. Emerson? MR. EMERSON: Yes, sir. JUDGE TINLEY: All right. COMMISSIONER BALDWIN: I agree with that as well. JUDGE TINLEY: Is there anyone else that wishes to be heard with regard to the revision of plat for Tract 152-A of Spicer Ranch Number 3? Seeing no one else coming forward, I will close the public hearing and I will reconvene the Commissioners Court meeting. (The public hearing was concluded at 10:16 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE TINLEY: We have a timed item for 10:20 concerning another public hearing. Because it's not yet that time, I don't feel it appropriate to open that public hearing i-y-o6 64 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 yet, but rather wait until the appropriate time comes. So, I guess we're -- MR. ODOM: May I -- JUDGE TINLEY: Yes, sir. Yes, sir. MR. ODOM: May I address that one before -- before we get to that? JUDGE TINLEY: Before the public hearing? MR. ODOM: Yes, sir. JUDGE TINLEY: All right. MR. ODOM: Also, this is -- again, Mr. Domingues did not have anything finalized. What we have is five lots going to four, and that he has this before -- and Mr. Jackson might clarify this, but I believe that he has this agenda item before the City of Ingram, and they have not yet taken action on that. So, therefore, waiting to hear what Ingram will come up with; then there will be a final. But we gave this 30 days ago, so we need to go forward with the public hearing as we've got it published, which is in Precinct 4. So, there will be no action needed other than just a public hearing, and then we'll wait to see the final on it. COMMISSIONER NICHOLSON: While we're on the subject, I'm going to try to get a little free legal advice. Is this in the Ingram ETJ or the Ingram city limits? MR. JACKSON: It is. COMMISSIONER NICHOLSON: Both? Or -- -y-ui 65 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. JACKSON: ETJ. COMMISSIONER NICHOLSON: Okay, thank you. JUDGE TINLEY: Okay. We've got a few minutes before we get to that item. We can stand in place or we can -- MR. ODOM: How about the monthly report? COMMISSIONER LETZ: I think we can just wait for a few minutes. JUDGE TINLEY: Yeah. We've got a couple of minutes here, so we'll -- we'll stand briefly in place in recess, and we'll reconvene shortly. (Recess taken from 10:17 a.m. to 10:22 a.m.) JUDGE TINLEY: Okay. Let's come back to order, if we might, and go to Item 9. I will recess the Commissioners Court meeting and I will open a public hearing concerning the revision of plat for Lots 5 through 9 in Block 8 of Greenwood Forest. (The regular Commissioners Court meeting was closed at 10:22 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: Is there any member of the public that wishes to be heard concerning a revision of the plat for Lots 5 through 9 in Block 8 of Greenwood Forest, as set forth in Volume 5, Page 92 of the Plat Records, and located in Precinct 9? Do you have anything you wish to offer, i 4 uc 66 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. Jackson? MR. JACKSON: No, Your Honor. JUDGE TINLEY: Seeing no one else coming forward, I will close the public hearing concerning the revision of plat for Lots 5 through 9 in Block 8 of Greenwood Forest, as set forth in Volume 5, Page 92 of the Kerr County Plat Records. (The public hearing was concluded at 10:23 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE TINLEY: I will reconvene the Commissioners Court meeting. It appears that we can now move to the approval agenda and take care of our financial matters. Mr. Holekamp? Would you be kind enough to see if we can get the Auditor in here? MS. MITCHELL: I'll just call. I'll call. JUDGE TINLEY: Kathy's going to call. I appreciate it. COMMISSIONER BALDWIN: Who set this report thing at 11 o'clock? My gosh, didn't you know that we were going to be out of here early? JUDGE TINLEY: Well, that's better than 2:00, isn't it? COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: We're probably going to start a little early on that. i-y-~h 67 1 2 3 4 5 E 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 MS. MITCHELL: She's on her way. JUDGE TINLEY: Okay, good. We'll move to the approval agenda, Item 4.1, payment of the bills. MS. WILLIAMS: Morning. JUDGE TINLEY: Any questions concerning any of the bills? COMMISSIONER BALDWIN: I do. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: On Page -- I've been here almost 20 years, and I think this is the first time I've ever asked this question, and it's just informational more than anything. On Page 2, the District Courts, both of the District Courts, when these attorneys do this work and send a bill in to the County, does anyone from the district level sign off on it and say, "Yes, this attorney served four hours in this courtroom"? MS. WILLIAMS: Yes, the District Judge signs off on it. COMMISSIONER BALDWIN: On each one of them? MS. WILLIAMS: Yes, sir. COMMISSIONER BALDWIN: Thank you very much. MS. WILLIAMS: You're welcome. COMMISSIONER LETZ: Follow-up question on this. Is there a chance of us getting any reimbursement? Is there any way that we can get to recoup some of this money from -- i-~-o5 68 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 2S 21 22 23 29 25 MS. WILLIAMS: It's usually assessed with the court costs, attorney reimbursement. The defendant has to pay it back if at all possible. COMMISSIONER LETZ: Do we have a good mechanism to track this and see -- and try to get our money back? MS. WILLIAMS: Usually, if a defendant comes up to the District Clerk's office and makes a payment, part of that money is allocated as reimbursement for court-appointed attorney services. COMMISSIONER LETZ: So, it's monitored through Linda Decker's office? MS. WILLIAMS: Yes, sir. COMMISSIONER WILLIAMS: Becomes part of the court order? MS. WILLIAMS: Yes, I believe so. COMMISSIONER LETZ: Okay. JUDGE TINLEY: Does that not also go through the Collections office in a lot of cases, the Court Collections? MS. WILLIAMS: That, I don't really know. MR. EMERSON: It also goes through Adult Probation. JUDGE TINLEY: Okay. COMMISSIONER LETZ: So we get -- we get some -- at least some of this money back. MR. EMERSON: In theory. COMMISSIONER LETZ: I mean, I knew that -- I knew in 1-y-uc 69 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 theory we did, but I'm wondering if we're actually getting it, or if it's better to turn it over to Collections, 'cause they seem to be -- to be a little more nasty in pursuing county funds. That's kinds of where I was going with this. MR. EMERSON: Theoretically, if they're on probation and they do not pay the fees that are ordered in the order, their probation can be revoked, and that's a -- that's a lot bigger hammer than what Collections can hold over their head. COMMISSIONER LETZ: Does anyone keep a report of this? Does anyone know? MS. WILLIAMS: There are revenue line items for the District Clerk's office, the County Clerk's office, and the moneys from their monthly reports go into those revenue line items. So -- COMMISSIONER LETZ: Okay. MS. WILLIAMS: -- you can look back -- COMMISSIONER LETZ: On the monthly report for the revenue? MS. WILLIAMS: Mm-hmm. COMMISSIONER LETZ: Okay. MR. EMERSON: If I could add one more comment, just to add onto Commissioner Baldwin's question, I do know that the District Judges adjust those fees to attorneys. They review each of those invoices, and they have been known to adjust fees. 1-9-06 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER BALDWIN: I certainly wasn't complaining; I was just simply asking an informational question. COMMISSIONER LETZ: I move approval of the bills. COMMISSIONER BALDWIN: Second. DODGE TINLEY: Motion made and seconded for approval of the bills. Any questions or comments? COMMISSIONER NICHOLSON: I've got another -- I want to discuss Page 13. COMMISSIONER WILLIAMS: Which page? COMMISSIONER NICHOLSON: 13, Public Library. $25,000 payment, and -- boy, I'm really having trouble with cedar fever today -- that's one-twelfth of this $300,000, I think. And we did make a contract with the City that -- if my recollection is correct, that says we would pay a minimum of $300,000 in this year, but then subsequently, we went back and found some money, and I think we added an additional 55,000 to it. MS. WILLIAMS: We did. But the City keeps sending us a bill for $25,000 monthly, so -- COMMISSIONER NICHOLSON: Maybe they're trying to pay us back our $94,000. I don't have any more questions. MS. WILLIAMS: Well, that was a good question. COMMISSIONER NICHOLSON: And I'll talk some more about that in the reports section. i-y-ur 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 JUDGE TINLEY: Let me ask, if I might, on Page 17, this reference to Fund 81. MS. WILLIAMS: District Administration. JUDGE TINLEY: What is Fund 81? MS. WILLIAMS: It's District Administration fund. This line item in particular is the LEOSE money that the Sheriff's Department, the constables, and the District Attorney get from the State every -- every year, and it can be used at their discretion for training or whatever. And these are evidently tables that the Sheriff's Department purchased, and they wanted them paid out of these funds from the State. JUDGE TINLEY: Okay. So, those are special purpose funds? MS. WILLIAMS: Yes, sir. JUDGE TINLEY: Okay. MS. WILLIAMS: Right. JUDGE TINLEY: Any further questions or comments? 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. We'll go to budget amendments. Budget Amendment Request Number 1. MS. WILLIAMS: This budget amendment, I decided I i-~-oF 7z 1 2 3 4 5 6 7 8 9 10 11 1L .-, 13 14 15 16 17 18 19 20 21 22 23 '° 24 25 probably needed to present to the Court. When I took over as the Interim County Auditor, my salary was moved from the Assistant's line item up to the Official line item, but we did not move moneys in the budget at that time, so that is what this budget amendment is addressing. And this is only through September 30th of this year. COMMISSIONER BALDWIN: I don't understand. I'm sorry, I just don't understand. MS. WILLIAMS: Well, my salary as First Assistant Auditor was budgeted under Assistant's Salary. When I was appointed as Interim County Auditor, the Treasurer's office made the r_hange in the payroll system and reallocated where my money is coming out of; instead of 103, it's 102. If we continue paying it out that way, Salary line item is going to be in the hole, also continuing to pay the consultant out of Official Salary line item. COMMISSIONER WILLIAMS: So, we are coming out of our Official because we are that same consolidating 102 and 103? That, in effect, is what you're asking? MS. WILLIAMS: No, sir, I'm just moving the amount that's budgeted for my salary out of 103 into 102. COMMISSIONER BALDWIN: Why isn't -- you're replacing the County Auditor. MS. WILLIAMS: Mm-hmm. COMMISSIONER BALDWIN: Why isn't that money already -y-n~, 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ c L 23 2q 25 there? MS. WILLIAMS: Because we're continuing to pay the former County Auditor on a consultant basis. COMMISSIONER BALDWIN: Oh, we are? MS. WILLIAMS: Yes, sir. It was an order signed by the District Judges. COMMISSIONER BALDWIN: Is that -- is that anything like an unfunded mandate, kind of, that we all scream about? COMMISSIONER LETZ: I guess I understand. MS. WILLIAMS: I don't know. COMMISSIONER BALDWIN: I'm serious. I'm serious about it; I'm not trying to be cute. MS. WILLIAMS: No, he -- Mr. Tomlinson agreed to stay on in a consultant position. The agreement was that he would be paid so much per hour for the hours, and he turns it in as an accounts payable billing, and we -- COMMISSIONER BALDWIN: I think that's great. MS. WILLIAMS: Yeah. COMMISSIONER BALDWIN: I think that's great. I just wish that we -- COMMISSIONER LETZ: Know these things. COMMISSIONER BALDWIN: -- were prepared for it. COMMISSIONER LETZ: I think -- I have no problem with this, but in addition to doing that -- I mean, the way it's being set up, I think that whatever his budget is should i-U-o~ 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 29 25 go to a separate line item for contract services, so we keep the official's salary -- the Official Salary should be your salary. Contract Services should be what he's budgeted to get, and then the Assistant's Salary is assistants. I think we ought to keep it clean; otherwise, it's going to really be mixed up. MS. WILLIAMS: Okay. I can go back and figure out what out of the Official Salary item needs to be moved down to Contract -- COMMISSIONER LETZ: Services. MS. WILLIAMS: -- Services. Okay. COMMISSIONER LETZ: That makes a lot more sensa, in my mind. COMMISSIONER BALDWIN: Yeah, I agree a hundred percent. COMMISSIONER WILLIAMS: Then what's necessary for yours? MS. WILLIAMS: Would you rather -- COMMISSIONER LETZ: Could you bring it back next time? MS. WILLIAMS: Bring it back next time? Okay, that's fine. COMMISSIONER LETZ: Okay. Very good. JODGE TINLEY: Do we have any more budget amendments? i-e-oti 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~1 22 23 24 25 MS. WILLIAMS: No, sir. JUDGE TINLEY: Okay. MS. WILLIAMS: And no late bills that I know of. JUDGE TINLEY: No late bills. All right. COMMISSIONER LETZ: Thank you very much. MS. WILLIAMS: Thank you. JUDGE TINLEY: Let's -- I have been handed monthly reports for the Sheriff's Department and Justice of the Peace, Precinct 3. Do I hear a motion that these monthly reports be approved as submitted? COMMISSIONER WILLIAMS: So moved. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded that the monthly reports for the Sheriff's Department and Justice of the Peace, Precinct 3 be approved as submitted. 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. Okay. We'll now move to -- COMMISSIONER BALDWIN: Well, Judge, what about the other reports? Wasn't there other reports? JUDGE TINLEY: Those are the only two that -- 1 - 9 - o ti 76 1 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 have two here. I've got the Juvenile Facility, which Ms. Harris provided us, and Road and Bridge. COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: There were other reports that I have seen. Now, whether or not they were turned in to the clerk, who compiles those things for presentation to the Court -- COMMISSIONER BALDWIN: Oh. Oh, okay. JUDGE TINLEY: That's my source. COMMISSIONER BALDWIN: At least Road and Bridge turned -- MS. THOMPSON: That's for Item 1.13. COMMISSIONER BALDWIN: I'm just going to shut up; I'm not getting anywhere this morning. But I did want to address the juvenile facility and talk about the amount of money that's being spent out there. JUDGE TINLEY: Okay. We'll move to reports from Commissioners in connection with their liaison/committee or other interests they may have, and Commissioner Baldwin? COMMISSIONER BALDWIN: Thank you. The January 5th Kerr County Juvenile Facility Report shows revenue of $116,580.23, and expenditures of $152,776.61. That's a loss of $36,196.38. I just wanted to make sure everybody understands that, that we're creeping up on the 288,000 or whatever that number is. 280? i-~-oe 77 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER WILLIAMS: Mm-hmm. COMMISSIONEP. BALDWIN: 280? COMMISSIONER WILLIAMS: I think so. JUDGE TINLEY: 288. COMMISSIONER BALDWIN: 288? JUDGE TINLEY: 288 and change, yes. 288,8, I think. COMMISSIONER BALDWIN: We're creeping up on that, and just need to start thinking about it. That's all. JUDGE TINLEY: Commiss ioner Williams, do you have anything for us? COMMISSIONER WILLIAMS: No, sir. JUDGE TINLEY: Commiss ioner Letz? COMMISSIONER LETZ: I have a question, something that was in our packet. We rece ived -- I received a calendar. COMMISSIONER BALDWIN: Yeah, isn't that cute? COMMISSIONER LETZ: It has Groundhog Day, all kind of thing s. Is this -- is there a reason I got a calendar? MS. MITCHELL: Yes. K athy made those for y'all. COMMISSIONER LETZ: Oh , okay. I was wondering where it came from, and I didn't know we had a motto. COMMISSIONER BALDWIN: We do have a motto. COMMISSIONER LETZ: "G it 'er done." COMMISSIONER BALDWIN: Git 'er done. COMMISSIONER WILLIAMS: Quickly. COMMISSIONER BALDWIN: That's why she serves on 1-~i-oa 78 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~5 these boards for us. COMMISSIONER LETZ: I mean, it's nice. I mean, I appreciate this. And you had -- you know, we can hopefully keep them in our things, 'cause we're always looking for calendars. COMMISSIONER BALDWIN: Absolutely. JUDGE TINLEY: That was probably her intention, Commissioner. COMMISSIONER LETZ: Thank you. COMMISSIONER BALDWIN: Thank you, Kathy. JUDGE TINLEY: Anything further? COMMISSIONER LETZ: No, not from me. JUDGE TINLEY: Commissioner Nicholson, the library man. COMMISSIONER NICHOLSON: We've been talking about the library, and I did not put it on the agenda this time because I'm not -- not proposing a course of action. I will put it on the agenda for the next meeting and propose court action. I told you last time I had met with the City Manager and the staff, and that meeting was inconclusive. I did not learn any more about how or why we didn't receive our $94,001 check. We concluded that meeting by the City Manager saying that he would speak to the mayor and see if the -- this was back in December -- see if the mayor wanted to put it on the City Council agenda. Now I've now heard from the City 1 y or, 79 1 "°., 2 3 4 5 6 7 8 9 10 11 12 -~- 13 14 15 16 17 18 19 20 21 22 23 "` 2 9 25 Manager; he's called me, and he's spoken with the mayor, and the mayor ~~hooses not to put it on the City Council agenda in the January meeting, so I'll put this back on our agenda for the County to pay what the City deemed was the County's fair share of the -- of the library budget. And you'll recall that this occurred after the City declined to meet with the County that year on the various joint operating programs, so we really didn't have any information about the library. You also recall that in the subsequent budgeting period, this past year, the City refused to follow the contract and meet with -- with the County representative and the Library Director to -- to develop a budget for the library, so we've gone two years without any information to speak of about the library costs, and then this mysterious 94 -- $94,000 payment that wasn't made comes up. Just so you can be thinking about it -- I know we can't take any action -- I see -- and I'll talk about this again at the next meeting. I see four possible options to -- to put this issue to rest. One -- one thing is we can do nothing; we can let it go. A second option would be to demand payment, to officially notify the City that they promised to pay us and we're expecting them to meet that promise. The i-?_o~_ ao 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 third option would be to reduce payments to the library that we're making this year, the '05-'06 budget, by $94,000. I noticed earlier it looks like they've already got us started budgeting for '06-'07, determine what we think our fair share of the budget would be, and then reduce that by $94,000. So, those are the four I see. I wanted to have this discussion with you so you can be thinking about it over the next two weeks. Maybe there's an option or course of action that -- that's not obvious to me that you can think about. COMMISSIONER BALDWIN: Let me ask you a question. Doesn't it -- didn't they say in their -- I think the first document that they sent out on this issue, didn't they say something like that the County chose to do it that way or something? I don't remember the language, but something like that. Is it possible that they could have called over here and talked to some financial person in the county system, and that person said, "Sure, that's a good way to do it"? COMMISSIONER NICHOLSON: It's possible, but I can't find that person. I've talked to -- nobody at this table did it. The Auditor's Department didn't do it. I don't know who Nobody would, really. COMMISSIONER WILLIAMS Dave, didn't the original 1-9-06 81 1 -m- 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 letter from Mr. Patterson indicate a check would be forthcoming? COMMISSIONER NICHOLSON: Yes, sir. JUDGE TINLEY: It did, by October 15th. COMMISSIONER NICHOLSON: By a specific date. JUDGE TINLEY: With regard to the inquiry of who may have authorized it, in my letter to Interim City Manager Don Davis, I specifically asked for any information they had relative to who, purporting to act on behalf of Kerr County, may have authorized that, and -- and there was no response indicating that anyone on behalf of Kerr County did so. COMMISSIONER NICHOLSON: In rereading our minutes, our discussions in budget, besides our recollections, it's very clear that we thought we were going to get the $99,000 and we were only budgeting 323. COMMISSIONER LETZ: I think the -- you know, I think there's another option. I'm just going to toss this out, 'cause I don't want to get into deliberations, certainly, now, but a lot has happened since that took place. Unless there is some evidence that that money was used for something other than the library, I think that it's the -- yes, the City didn't do what they -- what they told us they were going to do or we told them to do, but this -- the County, whether it be this Court or the accounting functions in the county, didn't track this either, so I think the County has a lot of i-9-u~ 82 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 responsibility in that as well. I think that if it was a -- if there was the same Council over there, the same Manager over there and the same -- there hadn't been other changes, I think there's one course of action. I see a different course of action probably needs to be pursued, considering there's been a change in the management and a change in the Council. And I think, you know, I would like to probably get some sort of recognition that -- and put this to bed; that they made a mistake and they're sorry, basically. But the money wasn't misused. And, you know, it was used for the library, where it should have been used. And I think -- I think the County needs to bear some of the responsibility for not following up on it better than we did. I don't -- it doesn't make sense to me to request the money back. That's just my personal feeling. COMMISSIONER WILLIAMS: I agree with that. COMMISSIONER LETZ: But -- COMMISSIONER WILLIAMS: Maybe a credit against future commitments or something of that nature, but -- COMMISSIONER LETZ: But, anyway, we can discuss it next time. JUDGE TINLEY: Okay. Do we have any -- any reports other than those already scheduled on the agenda for elected officials or department heads? COMMISSIONER WILLIAMS: Yes, sir. We've got Road 1 9 0 5 83 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L1 22 23 24 25 and Bridge. He just came in. DODGE TINLEY: I think they're -- they come under the reports section already. They're separately scheduled already. COMMISSIONER WILLIAMS: All right. JUDGE TINLEY: Okay. If we might, we'll get ahead of the curve here and we'll go to the 11 o'clock item and start that early. We've got reports from various departments. The first one is Information Technology. Mr. Trolinger. MR. TROLINGER: Good morning. COMMISSIONER NICHOLSON: Morning. MR. TROLINGER: I gave out a written report, one page that details the past two months' activity. COMMISSIONER WILLIAMS: Saw it. MR. TROLINGER: It summarizes it. COMMISSIONER WILLIAMS: It was in our boxes; saw it. MR. TROLINGER: Quickly, the highlight is The Software Group project is underway. I've got a web page link from the County home page that can keep track of the dates and the schedules. The electronic voting equipment's interesting. We've completed training on that, and I've become part of that process, since there are two computers involved and some technical work. Not sure how involved I'll be in it, but definitely on -- on planning/preparation, and then probably on election day, I'll be required to be present to insure that 1 9 06 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 84 the -- the computer's set up and ready, and that the data backup is complete once the -- once the tally is complete. I think that's going to be my major role, is backup. COMMISSIONER WILLIAMS: You touched on an issue that I was going to ask you about. Are you involved in any way with the County Clerk in this process? That involves a lot of electronic equipment that she, at this point, is not familiar with. MR. TROLINGER: Yes. COMMISSIONER WILLIAMS: Okay. MR. TROLINGER: And I feel that the training's been very good, and the County Clerk's got a handle on the majority of it. It's just a few steps that require the database crackup were not completely documented, or the documentation was not complete when we had training, so I offered to be available to do the backups. COMMISSIONER LETZ: To follow up on that, this morning we asked, at our next meeting, for Jannett to have Hart Graphics here and really go into this $2,100 fee that -- the assessment thing, and really go into that. And what if we were to buy that software? Whatever that cost is, that we need to know what the costs are, and really how detailed and how difficult is that program? And it's not something Jannett can do or that you could do. And it's on our next agenda, but you might want to visit with Jannett specifically about that 9 U 6 85 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 ~~ 23 24 25 area. MR. TROLINGER: I have. And -- I have this morning, and will continue discussing it once we get the quote back. COMMISSIONER LETZ: Okay. COMMISSIONER BALDWIN: Is that something that you do? MR. TROLINGER: Probably not, because of the election law and the knowledge of the election laws that go into creating that ballot. It's -- it's really just a procedure, following step-by-step instructions that Hart's already written -- Hart InterCivic has already written. COMMISSIONER LETZ: On that agenda item, if you would please be present for that next time? MR. TROLINGER: I will. Let's see. The -- the Junction District Attorney's office is now online to the County network, and that completes the -- the outer ring, so to speak, to bring Odyssey online and to integrate the previously isolated offices into the Courts package. Quite a bit of work's been done on the web site over the holidays. I've had some time to sit down and concentrate on the various web pages. Of note, Environmental Health has a new web page, and it's -- it's probably one of the nicer looking web pages. They gave me some nice graphics to go along with their -- with their write-up and their documents. Quite a few documents are online; I think they'll find that helpful. And I encourage i-9-uo 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 86 other departments to do the same; to pass on that information to me so I can put it available on their web pages. And the rest of this -- and I would like to thank the Daily Times. The newspaper article was outstanding, and I received two additional volunteers from the Adult Probation Department -- or community service workers. And one of them has a Master's degree in computer science and is very knowledgeable on networks, so very timely. COMMISSIONER BALDWIN: Really? MR. TROLINGER: So, thanks to Adult Probation and the Daily Times. COMMISSIONER BALDWIN: Super. MR. TROLINGER: That's all I have. JUDGE TINLEY: Any questions for Mr. Trolinger? Thank you, sir. MR. TROLINGER: You're welcome. DODGE TINLEY: The next report is from Road and Bridge. MR. ODOM: Yes, sir. You -- I believe Commissioner Williams had a question, but I'll go through this, and then it will be open for any questions. The holidays, of course, like everybody, we had vacation time; we have reduced crews. And what we've done is work on complaints, try to work them down. Some of them are ongoing and working, will take a while, like Bear Creek and cutting brush on that and other places. A lot 1 - 9 - ~ 6 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 of brush complaints. But the winter months also involve this brush cutting, and -- and we r_an't burn, so we've got a lot stockpiled. And we're hoping that it will rain soon, enough to lift the burn ban so we can burn this. We've also -- already have the aggregate for our sealcoat program delivered. By doing this, we've saved $20,000 for the price increase; it would be going up. So, we got everything in place and saved that 20. The others are subdivision plats, as you see what are completed and what needs a final, and then violations of Subdivision Rules, what we have, whether it's complete or in the process of being completed. And then floodplain, either construction permits, pending or complete, or determinations made or notices, letters of compliance. So -- COMMISSIONER NICHOLSON: Len, tell me about construction permits. Why does somebody building out on the South Fork or on 1340 need a construction permit? Why does Truett Airhart adding onto a house on the South Fork on Highway 39? MR. ODOM: Which one? Airhart? COMMISSIONER NICHOLSON: Yeah. MR. ODOM: I'm -- I'd have to look at it. I don't know offhand which one that is. You say on the South Fork right there? COMMISSIONER NICHOLSON: Is it because he's in the floodplain? ~-y-~i5 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 88 MR. ODOM: I would assume that it was determined he was in the floodplain. COMMISSIONER NICHOLSON: Okay. That would be -- MR. ODOM: If a piece of property, a large tract, and just part of it -- as we had on the Lower Turtle Creek; you had two pieces of property that touched the floodplain and one that didn't. And in that, you have to have a finished floor elevation, so someone has to meet -- even if it's in X, the 500-year, you still have to show -- COMMISSIONER NICHOLSON: I see. MR. ODOM: -- that, and in all probability, that's the case. We've had several on 39 that have come in, and then letters of notifications have been sent out in the past. So, there's different things going on. But if you're in the floodplain -- COMMISSIONER NICHOLSON: That's the explanation. MR. ODOM: If you're in that floodplain, you still need to have a determination made, or particularly a permit that gives me an elevation certificate, where that finished floor is. COMMISSIONER BALDWIN: And this has to be in the floodplain, 'cause we don't go off out in the pasture and require people to get construction permits. MR. ODOM: If they're in Zone X, no. COMMISSIONER BALDWIN: That's right. i-y-oh 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 MR. ODOM: No, they don't get charged anything. But if there is a permit, that means that they're probably in the A or AE somewhere. COMMISSIONER NICHOLSON: I know that property; that's the explanation. COMMISSIONER WILLIAMS: So, what you're saying, leading into the question I had for Leonard, in the case of Martin Marietta, "River RD permit for additional property, C, construction permit complete," that would be for this road that was probably a quarter -- MR. ODOM: It's for mining. COMMISSIONER WILLIAMS: Pardon? MR. ODOM: It's for mining. COMMISSIONER WILLIAMS: My question is, -- MR. ODOM: Okay. COMMISSIONER WILLIAMS: -- the construction permit would be for the construction of a road in the floodplain -- MR. ODOM: Okay. COMMISSIONER WILLIAMS: -- from CP River Road to the pit -- MR. ODOM: Okay. COMMISSIONER WILLIAMS: -- adjacent to CP River Road in the floodplain. Is that correct? MR. ODOM: The permit is for the whole thing, Commissioner. You and I have discussed that before. That i-S-oE 90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 road was already there. They -- all they've done -- that's not a community -- that's not a public road. That's a traveled road from -- COMMISSIONER WILLIAMS: I know it's not a public road. MR. ODOM: -- back over there. But that is -- we gave them a permit -- a development permit, $200 -- $400 for them. COMMISSIONER WILLIAMS: I don't care about the dollars. MR. ODOM: Okay. But I'm saying that that's the fee for commercial. Residential's a little bit different because of the money, but we had that permit done because we wanted to be able to insure where they were working and what they were doing, because there's no mining regulations, and they're in the floodplain. So, what we did was to take a look at their proposed project to give us the detail of where they were at, what they were going to do, and how they were getting back to the pit. So, that's -- COMMISSIONER WILLIAMS: The reason I asked the question, two -- two reasons I asked the question. First of all, when I inquired about it, Road and Bridge said, "Oh, there was always a road there." That was the answer I got. MR. ODOM: Mm-hmm. COMMISSIONER WILLIAMS: The folks who live on the 1-9-~~ E 91 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 other side of the river say there was never a road there. MR. ODOM: There was a road there. There was a road that went back between the properties. COMMISSIONER WILLIAMS: I'm relating to you the sequence of events. MR. ODOM: Okay. COMMISSIONER WILLIAMS: Now there is a road there. MR. ODOM: Sure. COMMISSIONER WILLIAMS: I mean, it's major in terms of -- of depth and width and the type of equipment that rolls over it -- MR. ODOM: Mm-hmm. COMMISSIONER WILLIAMS: -- continually. So, what you're saying is, one, they can do it, they did do it, and they have done it. MR. ODOM: That's right. COMMISSIONER WILLIAMS: Second question -- MR. ODOM: Okay. COMMISSIONER WILLIAMS: -- has to do with a private business putting out a flag man on a public road and stopping public traffic to allow its traffic to cross the road. Legal? Illegal? MR. ODOM: Legal. COMMISSIONER WILLIAMS: Really? MR. ODOM: If their property is adjacent to that, 1 - 9 - 0 V 92 1 L 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Commissioner, then they are to flag and put the signs out, as they properly do, other than for us to be there. Their property is contiguous to the while thing. They own across River Road. COMMISSIONER WILLIAMS: I understand, and I'm not suggesting that that's something we want to do in terms of putting a flag man out there to assist them. MR. ODOM: Surely. COMMISSIONER WILLIAMS: What I am suggesting is, if anybody's stopping traffic, that flag man should be stopping their traffic and letting the general public flow. MR. ODOM: Well, it's a decision, I guess, that they need to make. I don't see a problem if it's properly signed, which it is. And they have a flag man out there coordinating with the driver going across that one stretch of road, which is -- essentially belongs to them, because it's prescriptive easement down through that. COMMISSIONER WILLIAMS: Whoa, whoa, whoa. That section of CP River Road belongs to them? MR. ODOM: Well, they pay taxes on it, okay? It's prescriptive easement. It belongs to the -- to the taxpayers, because it's a public road, but that land mass is going from their pit all the way across and all the way back. That's -- that is a lease that they have on that property. COMMISSIONER WILLIAMS: I understand that. 1-Q-ob 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 MR. ODOM: And so I don't have any jurisdiction to stop them from mining. COMMISSIONER WILLIAMS: No, not going there. MR. ODOM: Neither does TCEQ. COMMISSIONER WILLIAMS: I'm not going there. MR. ODOM: And, so, what we have done is permit them to be able -- someone to look at them to find out what they're doing. And that's -- that's a direction from TCEQ. They suggested doing that. COMMISSIONER WILLIAMS: Well, needless to say, when there is major mining activity and road-type construction activity in the floodplain on the Guadalupe anywhere in the county, but particularly right now, because it's hypersensitive in the eastern part of the county, there are going to be lots of questions, so what I'm doing is asking the questions. But I want to go back to whether or not they can stop the general flow of public traffic with a flag man to accommodate their own use and their own operation. MR. ODOM: We have it right out in front. We have a contractor being responsible for their own jobs. That's no different. I don't construe that any different. And I certainly don't want tort liability on us at this point, as long as it's properly flagged. If I have a utility contractor wanting to make a cut across a road, we make him put the signs out; they have to do their flagging. 1-9-06 94 1 3 4 5 6 7 8 9 10 11 12 .._ 13 14 15 16 17 18 19 20 21 22 23 '" 2 4 25 COMMISSIONER LETZ: I think they're -- I mean, I They're required by law I mean, this is kind of a city project over here -- or state project, but, you know, there are rules of how you do something like that. If it becomes a -- I guess an obstruction, if they're doing it so much that it becomes an obstruction of county traffic, I see that being a problem. But if they're just doing it in the course of their business, you know, and then maybe -- you know, I think, you know, you have to kind of look at it the same way. If it's really causing a problem to county people moving along, then maybe it's something the Court needs to look at or you need to look at. But if it's just sporadically -- when they're needing to move a big truck across the road, they do it -- I'd rather have them have flag men doing that than have these trucks going along there. Just because people drive -- I don't know where they're even doing this, Bill, but when I'm on that road -- I don't use River Road because the traffic's so fast on there, it's dangerous. And the way those people whip around that corner above Peterson Crossing, which I suspect is where this is going on, kind of right in that area where those little corners are, I would rather have a flag man there than not have a flag man. COMMISSIONER WILLIAMS: Well, it's in the vicinity 1-N-u6 95 1 2 3 4 5 h 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 of where Sutherland Road intersects with CP River Road, before you get -- or after you get to Brinks Crossing, whichever direction. COMMISSIONER LETZ: That's what I meant, Brinks Crossing. I'm sorry. COMMISSIONER WILLIAMS: I understand your analogy, and, yeah, certainly we want a warning if it's a massive piece of equipment going down in traffic. I'm just hearing about it, Leonard, and I want to get it clear. MR. ODOM: Yeah. Well, that's the first time I've heard it in relation to that. But other than the road -- I mean, that was a trail that was down through there, and what was suggested to them was -- came from our office, is that you build it up some; that you make sure that you don't have a pumping a~~tion; that you bring up groundwater if you even have a question to support that equipment going across there. The worst thing I could do, as the Commissioner says, is to put two signs out there that says "Truck Crossing." That's what happens, and then you wouldn't have a flag man out there with a sign, other than this. And I assure you, people on River Road, as they come down -- because we've changed the speed limit to 45. Before, it wasn't even signed. And I think speed is a problem still with 45 there. I would certainly want them to have a flag man with the signs out there that says "Flag Man Ahead" or "Truck Crossing" there. i-~-on 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 COMMISSIONER WILLIAMS: Len, I'm not going to the public safety awareness issue. I clearly understand that. I think that's quite appropriate, and if you require that to happen, I commend you for that. I'm just talking about the convenience. At whose convenience are we operating this? At their convenience? Are they stopping their traffic, or stopping the general public? That's where I'm going. MR. ODOM: I -- COMMISSIONER LETZ: I don't know how often they're doing it. I mean -- MR. ODOM: I don't know how much is there. COMMISSIONER BALDWIN: I've got a question about all this before you get off -- COMMISSIONER LETZ: I have a question too, but go ahead. COMMISSIONER BALDWIN: -- get off this. I know that we regulate structures in the floodplain. This is the first time I've ever heard of us regulating a road in the floodplain and actually charging fees and all that. I just -- I'm just blank to that. MR. ODOM: Well, the fee has to do with mining down in the floodplain. That was a -- COMMISSIONER BALDWIN: We're charging people to mine on their property? MR. ODOM: This is a lease on somebody -- they have i-~~-u5 97 1 2 3 4 5 6 7 8 9 10 11 l~ 13 14 15 16 17 18 19 20 21 22 23 24 25 leased this property, okay? COMMISSIONER BALDWIN: Okay. MR. ODOM: And they're in the floodplain. So, the only way for me to record and to give them a -- a final file number is to, you know, charge a fee. What is the best way to handle this? Because it is a sensitive situation. Not only there, but Mr. Wheatcraft; they are in the floodplain. If they're down there in the floodplain working, then I think that we should be able to find out what they're proposing to do, how they're going to go about it, and the concerns we have in floodplain, whether it's runoff or anything like that, and to give us some type of idea of what they're doing. Mr. Wheatcraft had a design engineer or a firm to do that. Martin Marietta had internally, and their -- their department gave us a plan. So, it's just a control. It's $400, and it's renewable next -- you know, next year. COMMISSIONER BALDWIN: Okay, I hear your explanation. I'm sorry, my mind can't go there, but whatever. I guess I just never heard of it. COMMISSIONER WILLIAMS: I've got a follow-up on what the Commissioner said. You got a plan from Martin Marietta? MR. ODOM: We have a -- essentially a plan for Martin -- yes, sir. COMMISSIONER WILLIAMS: That, in fact, sets forth what? 1 - 9 - U b 98 1 2 3 4 J 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 MR. ODOM: It sets forth that they only stay on that side of the river. That there may be a time in the future which they would go across the road, at which time they will have to come to us for a new permit and a design for that land, and particularly that drainage down there. COMMISSIONER WILLIAMS: We're not giving them a permit to mine in the floodplain; we're giving them a permit to construct a road. Is that what you're saying? MR. ODOM: Well, construction of a road and -- and to -- and to just be down in the floodplain redesigning it some. So there's -- JUDGE TINLEY: Doesn't this all relate to the drainage issue? MR. ODOM: That's right. JUDGE TINLEY: About not diverting or -- isn't that why it comes into the flood -- MR. ODOM: Exactly. Not to get into the river. To keep the embank -- the integrity of the embankment of the river there, and they can still mine. Because we don't have anything to go by, because TCEQ -- Texas is one of the few states that has no mining rules. COMMISSIONER WILLIAMS: I appreciate that. That's a deficiency on Texas' part. MR. ODOM: That's right. COMMISSIONER WILLIAMS: The Judge's point is valid, 1 9 11 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 99 in that if we get a major rain -- and I hope we do get a major rain -- once they get their equipment out of that hole, that's going to be a new lake and we're going to meet here to name it, because they have dug a pit down there halfway to China right on the banks of the river, as you know. And I -- there's no regulation going to take place; there's nothing going to take place, and it's going to be a major, major disaster once it's finished. COMMISSIONER LETZ: I think the issue -- I mean, I hear what you're saying, and -- but I've had one in my precinct, and I've heard the same thing for about 20 years, way before I was a Commissioner, about Drymala. There's a hole from here to China. Hasn't caused any problems, really. Fills up with gravel a little bit, gets a little water in it, and no change, you know. So, I think -- but I think the bottom line is, we don't have any authority. COMMISSIONER WILLIAMS: I know we don't -- MR. ODOM: And that's before me. COMMISSIONER WILLIAMS: -- when it comes to people pulling gravel or mining, as it's now being called, along the river. But what I'm hearing you say, Len, and I would support this, we do have authority to -- we can't tell them -- COMMISSIONER LETZ: We have authority to review construction and have things -- certain things done in the floodplain. 1-9-05 100 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: That's right. COMMISSIONER LETZ: But we can't tell them no, you can't mine. We can say, "Well, if you're going to mine, you have to do some things -- MR. ODOM: Some things. COMMISSIONER LETZ: -- to make it better." MR. ODOM: That's right. Protect the floodplain, protect the river. And -- and once the hole fills up with water, it will drain out that gravel strata right back to where it's always gone, down below the river or to the river, as long as the integrity is there. I -- you know, we -- I think it's better for us to charge them to review and have them give us an idea of what they're doing down there, other than not to do anything other than say TCEQ doesn't do anything. I don't have any authority to regulate; even the State doesn't give me that. But I can say in the floodplain, to have a general idea, to be responsible to look at the floodplain and how the drainage goes down to the river, and to make sure that's not blocked, which would affect my road, which would back up the water on my road, which I don't need. COMMISSIONER WILLIAMS: Would you provide me a copy of Martin Marietta's plan, please? MR. ODOM: Sure. COMMISSIONER LETZ: Rex? Are we assuming any, I guess, liability by having -- by Leonard getting permits for i-a-o6 lol 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 major construction activity in the floodplain? MR. EMERSON: I don't think Leonard has a choice, because I think he's the appointed floodplain manager -- MR. ODOM: Manager. MR. EMERSON: -- for the county. COMMISSIONER LETZ: I mean, but that's something that's a -- what he's doing is a reasonable thing for a floodplain manager to do, is to -- if someone's going to do work in the floodplain from a commercial standpoint, to get a -- a plan of what they're planning to do. MR. EMERSON: Yeah. From what I've read, yes, I think he has an obligation to protect the drainage that's there. MR. ODOM: What's there. COMMISSIONER LETZ: My question is that, I mean, if we get a plan like we have with Martin Marietta, and, you know, there's a big hole or a big -- becoming a bigger and bigger hole there, if a flood comes along and it does something, and then someone downstream then claims that that big hole caused the problem, and the County has said yes, you're okay to do what you've done, even though we couldn't stop them, do we have any liability there? MR. EMERSON: I don't think so, because our only regulatory authority is to make sure that it does not adversely affect the flow of water from the floodplain. i-a-o~ 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 25 MR. ODOM: And TCEQ has been down there. I've demanded that TCEQ meet with them, and they have met with them and gone over that. And that design -- you know, I'm not into -- COMMISSIONER LETZ: I just think that we need to -- MR. EMERSON: The only problem I can see from the County standpoint, hypothetically speaking, okay, in the situation you're talking about, is that -- say Martin Marietta goes in there and builds up their big road that all of a sudden dams water on the back side of it, flooding the neighboring property. I still don't think it's a County liability, but it's a problem for Martin Marietta. COMMISSIONER LETZ: All right. COMMISSIONER WILLIAMS: That's probably not the case. COMMISSIONER LETZ: All right. MR. ODOM: It's not probable. COMMISSIONER WILLIAMS: I said it's probably not the case. MR. ODOM: That's what I say; it's not probable with what they've done. We've tried to stay within 6 inches; they put the big rock. It will sink, but it's a better -- it's better than having ruts and all like that and pumping. So, I -- you know, I went along with that. I mean, there was an existing -- it wasn't the road, as you say, Commissioner, but 1 5 0 6 103 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 there was a path down through there that vehicles had traveled in the past. COMMISSIONER WILLIAMS: Len, I think it's important; these issues are of significance to the community sufficiently that when this happens, you should give the -- whatever Commissioner a copy of these plans. I'd like to see a copy of that plan, and I'm sure anybody else would want to see it as well, because I have to answer the questions. MR. ODOM: I understand, but we have been in communication with you, so I -- I will take that in as such. But this is not a new -- you and I have discussed this several times. COMMISSIONER WILLIAMS: We've discussed Wheatcraft. MR. ODOM: Well, we have also discussed that down there. COMMISSIONER WILLIAMS: Well, please give me a copy of the plan. JUDGE TINLEY: Mr. Odom, I note that you have one employee indicated to be out on worker's comp. Do you have any idea about how much lost time we're going to have as a result of that? MR. ODOM: I'm going to guess January -- what did he say? February the 3rd, I think, that he goes back to the doctor to see if he can come back to work. We have taken a look at that. He came to us and said, "Is there anything I 1 9 0 6 104 1 2 3 9 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 can do?" But the doctor gave him standing six hours and sitting eight hours, and nothing else on the other -- zero picking up or bending or standing. And we just -- I just felt like I'd be better off just to let him stay there instead of getting hurt and extending it any longer. And that's an incident that was preventable by our committee; that he had tripped and left something, stepped on the stuff that he had left there the night before, and it was preventable. And I'm with that right now. So, I just felt like to bring him back, I just didn't know what I could do. JUDGE TINLEY: But the -- the safety investigation and remediation aspect of the committee -- MR. ODOM: Was done. JUDGE TINLEY: Okay, good. Thank you. MR. ODOM: But it's -- it was a preventable accident. JUDGE TINLEY: Any other questions for Mr. Odom? COMMISSIONER BALDWIN: Yeah. I'm looking at your sealcoat thing here. MR. ODOM: All right, sir. COMMISSIONER BALDWIN: Out of the 498 county miles, how far along are we of having every inch of it paved? MR. ODOM: Everything is probably at 98 percent, maybe. We're probably in the single digits, -- COMMISSIONER BALDWIN: Okay. i ~-ec 105 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 MR. ODOM: -- miles. Artlett's one. Artlett is one. That's in Precinct 4; that's 4 miles for four people. I'm putting that off. I've got six-tenths of a mile on Cutback -- Cuthbert, and then I have yours with Evans and -- COMMISSIONER BALDWIN: Well, I've got a couple on this. MR. ODOM: Well, I have Echo; that one is still left out there for you, for that maybe three or four people on that ranch right there. COMMISSIONER BALDWIN: So, not much. MR. ODOM: Not much. 98 percent of our roads are sealcoated, if not more. COMMISSIONER BALDWIN: All right. Thank you, sir. MR. ODOM: Couple more years is the way I planned on getting it, if budget stays good. JUDGE TINLEY: You're making some headway. MR. ODOM: I'm making headway. But when you start paying $1.20 versus 99 cents for oil, things do slow down a little bit. JUDGE TINLEY: Any more questions for Mr. Odom? Thank you, sir. We appreciate you being here. MR. ODOM: Thank you. JUDGE TINLEY: Maintenance and Facilities? MR. HOLEKAMP: I gave y'all a sheet in your box last week as to November and December, bookings and uses of the 1 Q - ~ ~ 106 1 3 4 5 H 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 facility at the Exhibit Center, indoor arena and Onion Church. Looks very nice, Glenn. MR. HOLEKAMP: We -- thank you. We are in the people that do that that are in jail. I was -- been dragging my feet hoping I would find somebody in there that -- because it's very labor-intensive. The light fixtures, I got a call last week -- or week before last, I should say, from Bandera Electric Co-Op, and they are relocating their building to a place out of the floodplain, Bandera Electric in Bandera, and they had offered fixtures, furniture out of the old building to any taring entity that would be interested. Well, of course, I called back, and he said, "You're the first one that's called, so I'll let you have first shot at it." There are lights, fixtures and that sort of thing in the building. So, I'm waiting for him. As soon as they -- the demo people get started over there, or get lined up to do it, he's going to call me; I'm going to make a trip over there and see if there are enough drop light fixtures to utilize down there. Because they shouldn't -- I mean, drop light 4-footers are just that, so hopefully that's going to work out. And there i-3-oc 107 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 ~5 probably is some desks and stuff, too, that we'll be able to use. COMMISSIONER LETZ: Those who are ratepayers to Bandera Co-Op will be very happy to see the new Taj Mahal they've built down there in Bandera as well. It's nice. It's big. MR. HOLEKAMP: I think they had to move out of -- what, the floodplain? Is that correct? COMMISSIONER LETZ: That -- COMMISSIONER WILLIAMS: Yeah, they just moved it back on their property. Real nice looking building. MR. HOLEKAMP: So, that's kind of in the mill, and that's kind of the reason why we're kind of at a standstill down here on this after we got the floor done. We've had several large repair issues at Juvenile Detention. Most of it has been related to alarms, fire -- sprinkler systems. The requirements there are pretty strict on -- because you're housing juveniles, everything has to be in compliance, and we've had some issues with that right now. It's requiring quite a bit of time coordinating getting them corrected and -- and trying to get the City to cooperate in a reasonable manner with their inspection process. It's been rather taxing at times. We had a break-in in the middle of November out at the Ag Barn in the office area; somebody came through and they kicked the doors in. And what they did is, they kicked -- i-y-oh 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 some of the doors broke, and then some of them, just the jams were knocked out, so we had to replace three or four doors and there, if you -- fingerprints, I mean, every criminal in town's touched things, because they work out there. So, you have a pretty good idea it's probably one of the -- one of them that knew what was there. So, as far as monetary loss, I think there was $35 or something that was in a box there. The rest of it, they did not -- they didn't take tools or anything this time. They -- evidently, they weren't that ambitious to planning based on requests at the last meeting on possible utilization of the Juvenile Detention annex. I've walked it, done some measuring. And, of course, you know, as I made my comments, is it can be used for just about anything if it's deemed that that's what y'all want. Currently, they're still using part of it for a classroom, and I think there are two offices that are currently still occupied. And so, you know, until the decision is -- is definite, I think it would be -- I'm not going to shut off any water or anything like that. Oh, and that reminds me; in that last meeting, the discussion was made of the -- the lighting displays and that sort of thing. I went to the meeting last Thursday, and I encouraged the i-9-oh 109 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 lighting committee to -- to house their lighting elsewhere if they could possibly do it, and they did. They found some storage buildings. And I'm -- I'm sure they weren't real happy, because they're having to pay for it, but they chose to move there. And currently, our space down here is completely empty. JUDGE TINLEY: Didn't they already have other space contracted for -- MR. HOLEKAMP: They had one small -- small one. JUDGE TINLEY: They just increased the amount? MR. HOLEKAMP: And they had to go elsewhere, where there was bigger units. They got two 20-by-40's, as I was told Saturday when we were picking up all of the displays and that. So, there is no storage out there, and I -- I will take responsibility. I discouraged it from the standpoint it would have really been very difficult, because they have a -- the nature of those -- of the people that are involved in the Christmas lighting is they want to come and go to check their lights. That wouldn't work out there -- if you were having juveniles in that building, it wouldn't work. So, I encouraged them -- and they understand. I don't think there's -- I think this was a catalyst to crank them up, put all their stuff in one place. COMMISSIONER WILLIAMS: I think you're right. MR. HOLEKAMP: I -- so -- so we're probably getting i-y-ne 110 1 2 3 4 5 6 7 8 9 10 11 1~ 13 14 15 16 17 18 19 20 21 2G 23 24 25 pretty close to being able to move Jannett's stuff over there. The only thing is that the heaviest stuff that she received, you put them in a rack, and there are no wheels on those racks, and they lock them. I mean, they're locked up, those computers, I guess, aren't they? MR. TROLINGER: Yes, sir, they are. MR. HOLEKAMP: But I'm going to have to try to find some wheels or -- to put on those things. MR. TROLINGER: We discussed using felt on the bottom to be able to slide them out. The requirement is that before and after each election, that we need access to the rear of those racks, and that's what -- that's why they need to be moved when they're in the storage area. MR. HOLEKAMP: Yeah, but they're going to have to go down there, I imagine. MR. TROLINGER: That's a one-time move. MR. HOLEKAMP: Oh, that's one time? The racks won't be moved after that? MR. TROLINGER: Correct. MR. HOLEKAMP: Oh. Well, then, don't need wheels. All we need to do is prop them up in there. But we got that ready to go. COMMISSIONER BALDWIN: Somebody's got -- has to address, though, getting those units out into the voting places at some time, and that's not going to be an easy task i-y-nH 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 either. MR. HOLEKAMP: Yeah. That'll be addressed by the County Clerk or the election personnel, I would imagine. COMMISSIONER BALDWIN: Yeah. Well, I -- MR. HOLEKAMP: I haven't heard anything. COMMISSIONER BALDWIN: All of us probably will get somewhat involved in that, you know. I suggested that they talk -- somebody has a trailer that we haul around a bunch of lawnmowers and stuff, and we have trucks and vans and things. Somebody just needs to coordinate all that. I didn't know if you'd been asked to do that or not. MR. HOLEKAMP: No. COMMISSIONER LETZ: Commissioner, you're thinking more of our elections? COMMISSIONER BALDWIN: Yeah. COMMISSIONER LETZ: The other elections, they pick them up here. COMMISSIONER BALDWIN: I understand. But in March, the primary, those things got to go to -- a whole bunch of them go to a whole bunch of places. MR. HOLEKAMP: Yeah. The other question, then, is rain. We'll have to have a contingency on those black boxes. They -- I don't know what's in them. MR. TROLINGER: Computers. MR. HOLEKAMP: In the black -- the big black boxes L c. n E 112 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 too? MR. TROLINGER: Yes. MR. HOLEKAMP: So, something's going to have to be done to -- you know, in case it does rain, so that we have a place to put them. We can -- if something happened or whatever. U-Haul? Or -- COMMISSIONER LETZ: Maybe rent a U-Haul truck. May be the smart thing to do. COMMISSIONER BALDWIN: Maybe. MR. HOLEKAMP: They can do the delivery the day before or whatever. COMMISSIONER LETZ: Day before, and pick them up at home; I don't know. Whatever they decide. But that does enter into another whole issue, though, because previously, with the ballot boxes they throw in the back of the pickup and they come down here, they get picked up and dropped off by the precinct officer. MR. HOLEKAMP: Mm-hmm. COMMISSIONER LETZ: I don't know if that's the -- how we want this stuff handled or not. I would suspect it's fairly sensitive equipment. John, is this stuff -- MR. TROLINGER: It is sensitive, and it needs to be handled and kept in a -- it's a modest environment, but it can't be exposed to the back of a trailer running down the road. i e ~~~ 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 MR. HOLEKAMP: Yeah. JUDGE TINLEY: The big item -- the big stand-up garbage container-looking item, you could pull the -- you can pull the electronic components out of that, can't you? MR. TROLINGER: That's true, but we've discussed that. We prefer that it remain mounted when it's transported, so it doesn't require assembly at the polling place. COMMISSIONER LETZ: But I think this brings up a pretty biq issue, because a lot of these locations where we do the voting are not real secure for the next day, and I don't see -- we're going to probably have to go around at -- MR. HOLEKAMP: 5:00 in the morning. COMMISSIONER LETZ: Well, 5:00 in the morning and put it out, and 7:00 at night and pick this stuff up. And we're going to have to arrange for -- we're going to have to pay for the election judges to stay till the stuff gets picked up. Onless we have three or four different vehicles going around, it's going to be four or five hours to get to all these locations. MR. HOLEKAMP: There's several issues that will probably need to be addressed. I'm glad Buster brought that up, because -- COMMISSIONER LETZ: Buster's -- that's two of us. COMMISSIONER BALDWIN: We're going to have to get a -- an administrator to do this thing, and then probably going 1 9 0 G 114 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to have to get a secretary or two. JUDGE TINLEY: Assistant. COMMISSIONER BALDWIN: Assistants, and then vehicles. COMMISSIONER NICHOLSON: Vehicles. COMMISSIONER WILLIAMS: Whole new department. COMMISSIONER BALDWIN: Oh, yeah. Well, that's another question, whole new department. MR. HOLEKAMP: Seeing those -- COMMISSIONER BALDWIN: Bumper stickers. MR. HOLEKAMP: -- those boxes, we could -- we have some real large trash bags, heavy-duty. COMMISSIONER WILLIAMS: We only put one of these units in each polling place, right? We still have the ballot boxes and all that other stuff has to go out. MR. HOLEKAMP: Yes, sir. COMMISSIONER WILLIAMS: Only one electronic unit per polling location, so far. MR. HOLEKAMP: But we can -- we can wrap them up enough to where they -- the water wouldn't get into them. COMMISSIONER NICHOLSON: I'm beginning to get more and more concerned about pulling off the next primary election. COMMISSIONER LETZ: I mean, you said one machine. Isn't there -- doesn't the judge have to have a little 1-9-Or 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 machine, the election judge? And doesn't -- and then you -- don't you vote on a little machine? MR. TROLINGER: The primary problem is with the tub, the large piece that has the electronic -- the paper scanner that scans the paper ballots. It just won't fit in the back of a vehicle. But there are two other pieces of electronic equipment; one's a suitcase-sized disabled access unit, voting equipment, eSlate, and the third piece is a -- is also a suitcase-sized box, the judge's ballot control, the JBC. COMMISSIONER LETZ: What are the -- so the public, we just fill in the little -- like the -- like we have been doing. The public's still using the same paper-type ballot; you just feed them into a machine on site? MR. TROLINGER: There are two options. Jannett made a really good decision with the equipment purchase. There's the existing -- you know, mark the paper ballots just like you did last year, and there's the new electronic -- you know, no paper, eSlate. There's a choice of both. We expect that the paper will be the majority of the voting. COMMISSIONER NICHOLSON: I'd like to see a plan sometime before -- sometime in the next few weeks, "Here's how we're going to pull off the next election." COMMISSIONER BALDWIN: Sounds like it's going to involve some baling wire and duct tape, to me. I hope. COMMISSIONER LETZ: I'll bet we've got plenty of 1 5 0 6 116 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 baling wire and duct tape in Maintenance. MR. HOLEKAMP: Yes. Yeah, we do; we can get it done. COMMISSIONER BALDWIN: So, if you can get them just thrown in the back of a stock trailer somewhere and put some garbage bags on it, and then put the IT guy back there to hold onto everything so it doesn't -- MR. HOLEKAMP: So they don't shake too much. COMMISSIONER BALDWIN: Yeah. MR. TROLINGER: Yeah. COMMISSIONER LETZ: Okay. MR. HOLEKAMP: I will -- one just quick comment. When you mentioned IT guy, let me tell you, Mr. Trolinger's really been helpful in our department. Not necessarily on my computer, but on assisting when we have electrical issues in the courthouse, which affect him also, he's been very responsive, and I really appreciate his efforts. He's really helped me a bunch. COMMISSIONER NICHOLSON: One more question. Is the audio equipment in the hog barn in good working order? MR. HOLEKAMP: Yes, sir. MR. ALFORD: I was going to bring that up. MR. HOLEKAMP: We are going to -- if Mr. Langley brings back the equipment from -- when is that goat-milking thing? Is that next week? ~ v u~ 117 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 2 J COMMISSIONER BALDWIN: Friday. This coming Friday. MR. HOLEKAMP: This Friday? COMMISSIONER BALDWIN: Yes, sir. MR. HOLEKAMP: We are going to do a -- what we call a dress rehearsal on the equipment next week, probably Wednesday or Thursday of next week. And -- COMMISSIONER NICHOLSON: It doesn't matter much to me, but Commissioner Williams promised at least 500 people that he was going to solve that problem. COMMISSIONER BALDWIN: I heard him say that. COMMISSIONER WILLIAMS: Two years ago. COMMISSIONER NICHOLSON: Yeah, two years ago. MR. HOLEKAMP: But we are going to -- in fact, Mr. Langley has that equipment, checking it out. COMMISSIONER NICHOLSON: Okay. It's been very disruptive, the judge not being able to talk. The judge -- livestock judge. COMMISSIONER WILLIAMS: Would that mean cleaning the mud dauber nests out of the inside of it, or is that something extra? MR. HOLEKAMP: Way above that, I'm sure. JODGE TINLEY: I think the mud dauber nests serve as a baffling -- COMMISSIONER WILLIAMS: It might. COMMISSIONER BALDWIN: A tweeter. 1 - 9 - 0 6 118 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 (Discussion off the record.) COMMISSIONER BALDWIN: Before we get to this next one, who' s doing the go at milking? COMMISSIONER WILLIAMS: Not me. JUDGE TINLEY: The excitement is in your voice. COMMISSIONER WILLIAMS: Must be you. JUDGE TINLEY: Has you right at the top of the list, yeah. De bbie told me o f your abilities to goat-milk. COMMISSIONER BALDWIN: Oh, she d id? JUDGE TINLEY: She did. COMMISSIONER WILLIAMS: You the boy. JUDGE TINLEY: You're a r_ountry boy from out west. COMMISSIONER BALDWIN: I couldn' t get a drop out of that goat last year. N ot a drop. MR. HOLEKAMP: Don't look at me. I didn't have anything to do with it. COMMISSIONER BALDWIN: Maybe I n eed to find out what a goat is. MR. ALFORD: Was it a manny? COMMISSIONER WILLIAMS: You got another year to prove yourself out. COMMISSIONER BALDWIN: Who's doing it this year? JUDGE TINLEY: Okay, Collections. Pardon? COMMISSIONER BALDWIN: Is anybody from this Court milking? 1 9 n h 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 JUDGE TINLEY: You're -- COMMISSIONER BALDWIN: No, I'm not. JUDGE TINLEY: You're on the ready. COMMISSIONER WILLIAMS: Must be you. MR. ALFORD: We're at $112,000 so far this budget year. One of the new programs that we're trying to start that we hope will have a quick currency impact is something they're doing statewide, where if you come in and pay your -- you receive community service, you come in and pay in full in 30 days, we will get Probation to waive 50 percent of your community service. Which gives them incentive to come in and pay us $500 or $600 real quick, instead of dragging it out over sir, or seven months. So, hopefully we'll be able to build up the bottom line quicker. We went through the County Attorney's office, Probation, and Judge Brown to get that done. I don't know -- you know, we're not expecting a large amount, but we are expecting it to be a quicker turnaround. COMMISSIONER BALDWIN: Did he adopt it? I mean, is he going to do that, or is he doing that? MR. ALFORD: Well, no, he -- Judge Brown and actually the County Attorney's office don't have anything to do with it. We just wanted them to be in the loop. It's strictly between us and Probation. COMMISSIONER BALDWIN: I see. MR. ALFORD: Probation handles and maintains the 1-9-06 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 community service. Once they get it on the judgment, it's their baby. Then what we'll do is send them a letter saying, "Johnny has paid off all fines and court costs. Would you please give him credit for 50 percent?" And then, on the other hand, what this is going to do is, if they don't do the community service, well, then it stays just like it is. Does that kind of make sense? COMMISSIONER BALDWIN: Sort of. MR. ALFORD: We're on the web page now. John has showed me how to give me access to the web site so I can get in -- we built a web page that shows credit card information, so hopefully whenever somebody calls and says, "Can we pay by credit card?" "Yes, please go to this web site; there's all the instructions." And they can go in and pay it by credit card. That's really about the two or three things I had. COMMISSIONER WILLIAMS: Question, Brad. MR. ALFORD: Yes, sir? COMMISSIONER WILLIAMS: 1, 2, 3, 4 -- Column 4, it says 'O5 Total. MR. ALFORD: Yes, sir. COMMISSIONER WILLIAMS: 806 on one line and 648 on the second line, and the next column shows '03 to 'O5. MR. ALFORD: Right. COMMISSIONER WILLIAMS: Are those totals inclusive of the previous column, or are they in addition to? i-~-o~ 121 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. ALFORD: It's total of all columns. COMMISSIONER WILLIAMS: Total of all columns? MR. ALFORD: Yes, sir. What I did, I just ran a report that shows how much money we made from '03 to 'OS -- '03, '04, '05. COMMISSIONER WILLIAMS: Got you. MR. ALFORD: Then I just ran that last -- 2005. COMMISSIONER BALDWIN: Let me see. How much have you collected so far in this -- in this year? MR. ALFORD: One thousand, one hundred and -- or $12,000. COMMISSIONER LETZ: $112,000? MR. ALFORD: $112,000. I'm having a Monday. COMMISSIONER BALDWIN: And $430? MR. ALFORD: Yes, sir. COMMISSIONER BALDWIN: All right. How much did you collect during this enact same period -- MR. ALFORD: 99. COMMISSIONER BALDWIN: -- last year? MR. ALFORD: 94,000. And -- COMMISSIONER BALDWIN: Okay. And $59, the very first column. So, you're -- you're ahead of -- keep it up. MR. ALFORD: Yes. Well, we're ahead because the County Attorney's doing more. We're getting a bigger piece of the pie now. 1 - 9 - 0 F 122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 2 9 25 COMMISSIONER BALDWIN: You don't have to blow smoke at these guys. MR. ALFORD: Well, hey, it never hurts. I might need him sometime. I guess I'll see y'all next week. I hope y'all's sound system gets fixed up. Don't we go next week? COMMISSIONER LETZ: Next week. MR. ALFORD: 'Cause Gillespie County's this Saturday, so I think we're next week, aren't we? COMMISSIONER LETZ: Yeah, we're next week. COMMISSIONER WILLIAMS: Anything you can do to make sure the sound systems works. MR. ALFORD: I told them by Wednesday or Thursday, y'all will be talking, and I sure don't want y'all grouchy this year. Thank you, gentlemen. DODGE TINLEY: One other item. We need to have a Board of Trustees meeting for the Detention Facility to approve the policies as required under the Human Resources Code adopted by the Court. Thursday, the 19th -- we need to have it on 18, 19, or 20; preferably 18 or 19. COMMISSIONER BALDWIN: Both of those are stock show days. DODGE TINLEY: Well, I was thinking about early in the morning. That -- COMMISSIONER LETZ: But the hogs start at 7:00. COMMISSIONER NICHOLSON: They don't end till about 1 9 - 0 6 123 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 7:00. COMMISSIONER WILLIAMS: The 18th for me is an AACOG day. COMMISSIONER LETZ: I'd say on the 18th, it's better to do it late. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: That would help me. COMMISSIONER LETZ: Just because, I mean, the stock show is -- on Thursday, the -- COMMISSIONER WILLIAMS: It's the county show, right. COMMISSIONER LETZ: The county show is usually over by -- for the swine, ~ o'clock or so. I think 2:00 or 3:00, so I'd say a 3 o'clock meeting will work. JUDGE TINLEY: On the 19th? COMMISSIONER LETZ: Whatever. COMMISSIONER BALDWIN: 18th. COMMISSIONER LETZ: 18th, Thursday. JUDGE TINLEY: I've got a commitment at -- COMMISSIONER LETZ: Wednesday. JUDGE TINLEY: -- at 3:00 on Wednesday. We could do it earlier on Wednesday , or what time does everything end up on Thursday on the coun ty -- that's the county show. COMMISSIONER LETZ: About 3:00, we could do it. JUDGE TINLEY: On Thursday? COMMISSIONER BALDWIN: You and I have a speech to i ~ oh 124 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 give that night at 5:30. COMMISSIONER WILLIAMS: Is that the -- (Low-voice discussion off the record.) COMMISSIONER BALDWIN: Let's see. So, what you're wanting us to do is come back to the courthouse and sit down in here and do something? COMMISSIONER LETZ: Yeah, at 3:00. JUDGE TINLEY: The -- the Human Resources Code requires that the County approve the policies and procedures of the Detention Facility under the current Board of Trustees setup, and so that needs to get done, and that needs to be -- be forwarded to T.J.P.C. not later than Friday. So, that's why we're looking at Wednesday or Thursday. COMMISSIONER WILLIAMS: Ms. Harris is putting those changes together? JUDGE TINLEY: Yeah, they're in the process of being put together. COMMISSIONER BALDWIN: When will we receive the actual document? JUDGE TINLEY: Probably the 17th. COMMISSIONER LETZ: I think Thursday afternoon, if it were -- I mean, works for me. I mean, I don't see that taking more than 30 minutes, that meeting. JUDGE TINLEY: I don't see it taking more than 10 minutes. -~~-oF 125 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Shouldn't be. COMMISSIONER BALDWIN: What time? COMMISSIONER LETZ: 3:00. JUDGE TINLEY: 3 o'clock? Okay. COMMISSIONER BALDWIN: Policy and procedure? Is that the words you just used? COMMISSIONER WILLIAMS: We did that last year. Remember that big, thick book? COMMISSIONER NICHOLSON: Is that January 18th? COMMISSIONER LETZ: 19th, I think. COMMISSIONER NICHOLSON: 19th. COMMISSIONER LETZ: If I had my -- there's my calendar. JUDGE TINLEY: Yeah, 19th. 19th. COMMISSIONER LETZ: The next Thursday is our birthday. JUDGE TINLEY: Okay. Anything else? COMMISSIONER LETZ: I have something, going back to the reports section under that Commissioners' general heading. JUDGE TINLEY: Okay. COMMISSIONER LETZ: And it's a little -- probably more to Rex. We received a copy from you of the emergency declaration for fireworks and all that stuff. This appears to me to be a very new direction for this Attorney General when it comes to fireworks. I mean, in prior years, my 1 - 9 - 0 6 126 1 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 ~, 23 24 25 recollection is that we've been in a bad drought situation, as bad as this year, and it was just flat no, you aren't doing it. You have fireworks. You're doing -- we get -- every year, we get this December 15th date for aerial -- blab, blab, blab, and end of discussion. All of a sudden this year, as I disaster darn near anytime we want and say no fireworks. Are they pretty much -- am I reading this right, that the State has -- or the Attorney General, anyway, has totally changed the Attorney General's opinion on how we can ban fireworks? MR. EMERSON: Well, the Attorney General has said this is one of the tools you can use. COMMISSIONER LETZ: But previously he said we couldn't do anything. MR. EMERSON: Yeah Probably it's a little bit of a lot of counties didn't get it done on time. COMMISSIONER LETZ: Right. But it's just -- it seems this is a -- a huge different thing, and I can see the -- a very strong lobby having an absolute fit over this new opinion, because we -- we're -- last year we were in a drought almost as bad as we are right now at this time of the year, and we were -- you know, all of a sudden, someone has looked at things differently and decided we can do something. Anyway, so your answer is kind of that, yeah, they're kind of i-S-aF 127 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 saying we have a lot more authority in this area. My next question kind of goes to -- I'm looking at your memo that says the -- the Judge declares that whenever he wants, or he can MR. EMERSON: Well, what the statute says is that the presiding officer of the governing body, which in this case is the Judge or the Commissioners Court, is the one that has the authority to declare it, and then Commissioners Court has to ratify it within seven days or it dies. COMMISSIONER WILLIAMS: Commissioner, my -- I went back and checked on that Comal County thing, 'cause that really, you know, kind of set off an alarm bell, not only in my head, but a lot of people's heads who called -- I'm sure called all of us. My understanding was that Comal County, in doing what it did, by banning the sale -- not only the use, but the sale -- did so acting under an authority they believed they had stemming from the governor declaring the state in a state of emergency because of fire threat. So, they acted under the governor's banner or the governor's declaration, and that's how they did what they did. COMMISSIONER LETZ: But when I read the backup -- and this opinion that we got from Rex is primarily a bunch of stuff that came from somebody else; I mean, through Chief 1 9-06 128 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Holloway on down. I don't see that it talks about the governor. COMMISSIONER WILLIAMS: No, I know it doesn't. What I'm saying is, they did what they did based on the governor's declaration of an emergency situation in the state of Texas. COMMISSIONER LETZ: Yeah, but they -- COMMISSIONER WILLIAMS: They just did that recently. MR. EMERSON: I think what he's saying, Jonathan, is that they utilized the disaster statute on the premises that the governor had declared a disaster area on the fires. COMMISSIONER LETZ: So, what I -- what I'm saying is, does the governor have to do something before they can act, or this is -- you know. So, the -- the County Judge -- it's now the County Judge can ban fireworks whenever he wants. I mean, it's got to be a little bit of a drought, but -- MR. EMERSON: Sure. COMMISSIONER LETZ: Which that's a very new law, or interpretation of the law. I just want to make sure that I read it right. When I read it, I was going, "This is different." I wanted to bring that up. My other question is to the Judge. We received a letter -- or you received a letter; you gave us a copy, about disaster of our agricultural stuff. JUDGE TINLEY: Mm-hmm. COMMISSIONER LETZ: Did you do that, or are you i-y-ue 129 1 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 going to -- is it coming to the Court? Or -- JUDGE TINLEY: I finally got ahold of the F.S.A. rep; he and I have been missing one another back and forth -- as to what action was required. And he said the only action that was required was that I, on behalf of the County, make a request to the governor's office to declare Kerr County a disaster area, attaching that sit-rep to it, and forward it on. I've done a draft of that letter. The final should go out today. COMMISSIONER LETZ: Okay. So, that's something that -- this isn't one that needs to be reaffirmed by us? This is just -- you do this -- you do this disaster stuff? JUDGE TINLEY: According to the F.S.A. representative, who takes the lead on this thing, he said that's all that needs to be done. COMMISSIONER LETZ: All right, good. Thank you. JUDGE TINLEY: Anything further? Hearing nothing, we'll stand adjourned. (Commissioners Court adjourned at 11:41 a.m.) i-~-a c. 130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~5 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 13th day of January, 200ti. JANNETT PIE PE R, Kerr County Clerk BY: Kathyy Ba~p~ County Clerk Certified Shorthand Reporter 1 9-06 ORDER NO. 29520 PROCLAIM JANUARY 13, 2006 AS AGRICULTURAL DAY IN KERB COUNTY Came to be heard this the 9th day of January, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Adopt Resolution to Proclaim January 13, 2006 as Agricultural Day in Kerr County. ORDER NO. 29521 RENTAL FEES FOR ELECTRONIC VOTING EQUIPMENT PER TEXAS ELECTION CODE 123.032 Came to be heard this the 9th day of January, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 to: Approve charging a fee to the entities using the new voting equipment of 1- 1/2% ofthe cost of the equipment used by that entity for that election, plus a $50.00 administrative fee per election. ORDER NO.29522 EXECUTE WRITTEN AGREEMENT AUTHORIZING CRIME VICTIMS' RIGHTS COORDINATOR TO UTILIZE OFFICE SPACE IN COURTHOUSE AND ESTABLISH VALUE OF LEASED SPACE Came to be heard this the 9th day of January, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve execution of written agreement authorizing Crime Victims' Rights Coordinator to utilize office space in the courthouse during the grant period, and establishing value of leased space for purposes of an in-kind match for Victims of Crime Act Grant #VA-17504-01. ORDER NO. 29523 FINAL PLAT OF HEARTLAND ACRES, PCT. 2 Came to be heard this the 9th day of January, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the final subdivision plat of Heartland Acres, located in Pct. 2. ORDER NO. 29524 AWARD BIDS ON LEASE OF TWO ALL WHEEL BACKHOES WITH POWER TILT ATTACHMENTS Came to be heard this the 9th day of January, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Award bid for the lease of two all wheel backhoes with power tilt attachments to Holt Caterpillar Equipment. ORDER NO. 29525 APPOINT KATHY BANIK TO KERR COUNTY CHILD SERVICE BOARD Came to be heard this the 9th day of January, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 to: Appoint Kathy Banik to the Kerr County Child Services Board. ..~. ORDER NO. 29526 APPLICATION FOR GRANT FUNDS FROM TEXAS DEPARTMENT OF AGRICULTURE FOR ADVERTISING TEXAS STATE ARTS AND CRAFTS FAIR UNDER HOMETOWN STARS PROGRAM, AND APPOINTMENT OF BOB MILLER, EXECUTIVE DIRECTOR OF TEXAS STATE ARTS AND CRAFTS EDUCATION FOUNDATION AS AGENT FOR APPLICANT Came to be heard this the 9th day of January, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve grant application as proposed by Mr. Miller for grant funds from the Texas Department of Agriculture to be used for advertising of Texas m. State Arts and Crafts Fair. ORDER NO. 29527 MAKE APPLICATION ON BEHALF OF KERB COUNTY TO JOIN TEXAS YES PROGRAM ADMINISTERED BY TEXAS DEPARTMENT OF AGRICULTURE TO ENABLE KERRVILLE CONVENTION & VISITORS BUREAU TO OBTAIN MATCHING FUNDS FROM THE DEPARTMENT FOR EVENT TO BENEFIT KERRVILLE BOARDWALK PROJECT Came to be heard this the 9th day of January, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Approve application on behalf of Kerr County to join Texas Yes Program administered by Texas Department of Agriculture to enable Kerrville ..,_ Convention & Visitors Bureau to obtain matching funds from the Department for event to benefit Kerrville Boardwalk Project and authorize County Judge to sign same. ORDER NO. 29528 SET REGULATORY SIGNS IN VARIOUS LOCATIONS IN KERR COUNTY Came to be heard this the 9th day of January, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 to: Approve the Regulatory Signs in Kerr County as indicated in the agenda item and as discussed in the Public Hearing, as follows: Peterson Farm Road Hermann Sons Lane Valley George Muck Marilyn 35 mph 45 mph 45 mph Stop to Loyal Valley Stop to Greenwood ORDER NO. 29529 CLAIMS AND ACCOUNTS Came to be heard this the 9th day of January, 2006, came to be considered by the Court various Commissioners Precincts, which said Claims and Accounts are: Accounts Expense 10-General $ 129,389.40 14-Fire Protection $ 10,416.66 15-Road & Bridge $ 23,104.68 18-County Law Library $ 4,161.80 19-Public Library $ 25,000.00 26-JP Technology $ 2,118.75 50-Indigent Health Care $ 45,960.49 76-Juvenile Detention Facility $ 7,601.71 81-District Administration $ 899.90 °` Total $ $248,653.39 Upon motion made by Commissioner Letz, seconded by Commissioner Letz, and Commissioner Baldwin, the Court unanimously approved by vote of 4-0-0 to pay the claims and accounts. ORDER NO. 29530 MONTHLY REPORTS Came to be heard this the 9th day of January, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 the following monthly reports: Sheriffs Department JP #3