1 3 4 J 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 KERR COUNTY COMMISSIONERS COURT Regular Session Monday, February 13, 2006 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas PRESENT: PAT TINLEY, Kerr County Judge H A."BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner pct. 2 DAVE NICHOLSON, Commissioner Pct. 4 ABSENT: JONATHAN LETZ, Commissioner Pct. 3 1 ,, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 z I N D E X February 13, 2006 PAGE --- Commissioners' Comments 5 1.1 Consider/discuss, take appropriate action on rental fee of Exhibit Center for Boy Scout Law Enforcement Day g 1.2 Consider/discuss and take appropriate action to acquire software/equipment to program & print ballots from Hart InterCivic 10 1.3 Request to film on courthouse grounds -- 1.4 Consider/discuss, take appropriate action approving the AIS 150 ballot scanners surplus 15 1.6 Consider/discuss, take appropriate action to approve trading in 3 eSlate machines for a Disabled Access Unit & a Judge's Booth Controller 17 1.5 Approve annual accounts and status of investments pursuant to Texas Probate Code 27 1.7 Discuss/consider, take appropriate action to accept grant of real property donated by Nowlin and Becky McBryde to Kerr County 2g 1.10 Consider/discuss, take appropriate action on banning all portable heaters from county buildings 29 1.11 Consider/discuss, take appropriate action to set public hearing for Revision of Plat, Lots 3, 4, and 5 of Japonica Hills, Pct. 4 3g 1.12 Consider/discuss, take appropriate action for Concept Plan for Commercial Commerce Park west of Center Point, Pct. 2 39 1.8 Consider & take action on the resignation of F.C. Henson from Board of Commissioners of Kerr County Emergency Service District #2 53 1.13 Consider/discuss, take appropriate action to allow Road & Bridge to advertise for annual bids 54 1.15 Consider/discuss, take appropriate action for Final Revision of Plat for Block 8, Lots 5-9, Greenwood Forest No. 6, Ingram ET J, Pct. 4 56 1.16 Consider/discuss, take appropriate action to set public hearing for Revision of Plat, Lots 79 and 80, Cypress Park, Section Two, Pct. 3 57 1.17 Consider/discuss, take appropriate action for Preliminary Plat of Cypress Springs Estates, Phase 2, Section Two, Pct. 4 57 1.9 Consider & take action on nominations for Board of Commissioners of Kerr County Emergency Service District #1 63 1.18 Consider, discuss and take appropriate action to allow South Texas Blood & Tissue Center to provide a blood drive for Brenda Geurin 64 1 2 3 9 5 E 7 8 9 10 11 12 ^- 13 14 15 16 17 18 19 20 21 22 23 24 25 3 I N D E X (Continued) February 13, 2006 1.19 Consider/discuss, take appropriate action to correct public hearing date on Court Order 29531 from March 6 to March 13, 2006 1.20 Approve resolution for application for Victims of Crime Act (VOCA) grant for 2006-2007 grant year to fund Crime Victims' Rights Coordinator program 1.21 Consider/discuss, take appropriate action on request to use Flat Rock Lake Park on Easter weekend (Apr. 15-16) for annual Easter Fest 1.27 Consider/discuss, take appropriate action to accept sub-award under Homeland Security Grant program, authorize County Judge to sign acceptance and other documents 1.28 Consider/discuss, take appropriate action to accept Indigent Defense Grant award, authorize County Judge to sign same 1.29 Consider/discuss, approve submittal of AACOG grant application for equipment for Environmental Health Department 1.30 Consideration/possible action to authorize County to finance acquisition of computer hardware/software from The Software Group, approve and authorize the execution of all documents related to financing 1.31 Report from Animal Control Department 1.14 Presentation of County Safety Award from Texas Association of Counties for 2004 1.31* Report from Juvenile Detention Facility 4.1 Pay Bills 4.2 Budget Amendments 4.3 Late Bills 4.4 Approve and Accept Monthly Reports Reports from Commissioners/Liaison Committee Assignments 1.22 Consider/discuss Kerr County's authority under Texas Constitution and various laws to regulate and/or place restrictions on mining, rock-crushing and related operations 1.23 Consider/discuss relevance of Kerr County Flood Damage Prevention Order as it may apply to mining, rock-crushing and related operations 1.24 Consider and discuss S.B. 1354 and its relevance to current/planned mining operations in Kerr County; authorize official meeting to discuss possible introduction of legislation to protect river PAGE 68 69 70 75 76 78 81 88 91 96 109 112 130 130 134 134 135 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~1 22 23 24 25 9 I N D E X (Continued) February 13, 2006 PAGE 1.25 Consider/discuss matters contained in "Community Covenant" between Burnet County and Capital Aggregate of Austin, Texas; discuss methods by which similar agreement might be negotiated between Kerr County and Wheatcraft, Inc. 135 1.26 Consider/discuss, take appropriate action regard- ing report from Environmental Health Director, Miguel Arreola, identifying unpermitted septic system installation on Jerry Wheatcraft property 135 1.6* Consider/discuss, take appropriate action to approve trading in 3 eSlate machines for a Disabled Access Unit & a Judge's Booth Controller 177 --- Adjourned 183 1 3 4 5 E 7 8 9 10 11 1L 13 14 15 16 17 18 19 20 21 2 2 23 24 25 5 On Monday, February 13, 2006, at 9:00 a.m., a regular meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S DODGE TINLEY: Good morning, ladies and gentlemen. Let me call to order this regularly scheduled meeting of the Kerr County Commissioners Court scheduled for this date and time, Monday, February the 13th, 2006, at 9 a.m. It's that time now. Commissioner Williams? COMMISSIONER WILLIAMS: Will you please rise and join me for a word of prayer followed by the pledge of allegiance? (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 any matter that is not a listed agenda item, you're free to come forward. We'd ask that you tell us what's on your mind. If you want to speak on an agenda item, it's helpful to me if you fill out a participation form. They're located at the back of the room. It's not essential, but it helps me to be sure not to -- hopefully, not miss you when we get to that item, so that's why I ask that you do that. But if there's any member of the public that wishes to be heard on any item that is not listed on the agenda, please feel free to -13-06 t 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 2 j 24 25 6 come forward and tell us what's on your mind at this time. (No response.) JUDGE TINLEY: Seeing no one coming forward, we'll get on with the business. Commissioner Williams, what do you have for us this morning? COMMISSIONER WILLIAMS: Well, Judge, my mother used to tell me a long time ago, it's a good day if you learn something; it's a bad day if you go without learning something. Saturday night, at the -- at the Center Point school cafeteria, Alliance Club over there had its annual pancake supper, and I knew that my colleague to the right was a tub-thumper; he can do that tub-thumping thing and he stomps his foot and he can keep time and he can help make music, and he did that. He did a good job. What I didn't know, however, was that that quiet lady who sits in front of this dais who -- with her hands on that keyboard is a very good singer, and she does so karaoke-style with three other of her friends, and entertained us royally -- or I should say the crowd; there was a very large crowd of local folks. We had a good time eating pancakes and listening to music, so that was a good day. I learned something. COMMISSIONER BALDWIN: Maybe she can join my tub-thumping band -- COMMISSIONER WILLIAMS: Maybe she can. COMMISSIONER BALDWIN: -- and sing. _-is-oa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 7 COMMISSIONER WILLIAMS: Anyhow, a good time was had by all, Judge. Ready to do business here. JUDGE TINLEY: Thank you. Anything else? COMMISSIONER WILLIAMS: No, sir. Commissioner 4? COMMISSIONER NICHOLSON: I'll pass. JUDGE TINLEY: Commissioner 1? COMMISSIONER BALDWIN: Yes, sir, I have a couple items. I wanted to remind you guys, I saw in the paper a few days ago, in regards to the 150th birthday -- the parade, I think that Mrs. Steele was quoted in there as saying that the entry for the parade is the 15th. That would be day after tomorrow. That's what I read, anyway. So, I have a feeling maybe they'll cut us some slack, but we'll see. But, anyway, we need to start thinking in those terms. I wanted to talk about NIMS training, and I won't talk much about it, because I don't know what it is. I know it has something to do with Homeland Security, and the State is requiring us to take this four or five hours of training and be certified, and I just wanted to let you guys know that your -- your association is offering that free in Wichita Falls when we are there on Tuesday, the 21st. So, if you're -- if you're there -- if you get up there on Tuesday, that class is available in the afternoon, and -- and get that done and get it out of the way and comply with the State. That's all. Thank you. COMMISSIONER WILLIAMS: Judge, I did have one other _-i~-aF 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 8 item. JUDGE TINLEY: Yes, sir? COMMISSIONER WILLIAMS: I received a copy, as you did, of the letter from Te::as Water Development Board, which the staff has -- has scored the application -- Kerr County's application high enough to be recommended for funding for the preliminary planning and engineering. They're having their public hearing tomorrow in Austin. If I can rearrange my schedule, I intend to be there to hopefully speak for it, and we hope that it will get the stamp of approval. JUDGE TINLEY: As I understand it, Commissioner, our -- our scoring system was such that it appears there's very good possibility we're going to get some -- some funding for -- for going forward with that -- with that engineering study; is that correct? COMMISSIONER WILLIAMS: Yes, sir. And, as you recall, if they fund that with $60,880, the Upper Guadalupe River Authority will put up the match, so that'll give us the requisite number of dollars to get the engineering underway -- preliminary engineering. JUDGE TINLEY: And the Center Point project will be launched at that point? COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: Okay, thank you. Let's get on with the agenda, if we might. We've got a lengthy one today. And -i~-nc 1 3 4 5 6 7 8 9 10 11 1L 13 14 15 16 17 18 19 20 21 „ ~, 23 24 25 y first item on the agenda is Boy Scout Law Enforcement Day; consider, discuss, and take appropriate action on rental fee of the Youth Exhibit Center. Dr. Smith? DR. SMITH: Yes, sir. Good morning. I just want to bring to your attention on the item, you have some information on the Law Enforcement Camporee. We've been in discussion with Sheriff Hierholzer, and we are privileged to be able to introduce to you an opportunity for young people, especially the young boys and the Boy Scouting in our district and in this community, in this county, to be able to have a Law Enforcement Camparee where we can bring the people together who are involved in law enforcement in the Sheriff's Department, and they will be able to give us different kinds of law enforcement activities, venues to allow these young people to see what really goes on, in some cases behind the scenes, by seeing how they coordinate and so forth. It's an investment in the future of the youth, and it is also a positive reinforcement of the Sheriff's Department. We would like to ask that we have permission to use the Exhibit Center, and waive the fee for that, please, sir. COMMISSIONER NICHOLSON: I move to approve that. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the use of the Exhibit Center, and that the fee for the use be waived. Looks like that's Saturday, October the 14th, 2-s oe 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 10 2006? DR. SMITH: Yes, sir, that's correct. JUDGE TINLEY: No conflict on that date, is there? MS. DAVIDSON: None whatsoever. JUDGE TINLEY: Motion and second. Any discussion on the motion? COMMISSIONER BALDWIN: Super idea. Like it. COMMISSIONER WILLIAMS: I do as well. JUDGE TINLEY: All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Thank you for being here today, sir. DR. SMITH: Thank you. JUDGE TINLEY: The next item on the agenda is to consider, discuss, and take appropriate action to acquire the software and equipment necessary to program and print ballots from Hart InterCivic. MS. PIE PER: Gentleman, Charles Scott, our Hart rep, is not here today. He called the other day and said that they do not have a loan source. The sources that they deal with deal in large amounts of money, and -- and so, to their sources, this is a wimpy amount. And he suggests that if we -13-u6 11 1 2 3 4 5 5 7 8 9 10 11 12 13 19 15 16 17 18 19 ^0 21 22 2 J 29 25 choose to do this, that we seek out a source from our local entities -- or local banks. COMMISSIONER WILLIAMS: Does any money remain from the state grant that we were given to purchase this equipment? MS. PIEPER: There might be about $1,800 is all. COMMISSIONER BALDWIN: I bet there was a time that Hart -- the Hart Company relied on people -- little deals like us. What do you suggest? What is your suggestion that we do? MS. PIEPER: If y'all choose to do this, then I guess we can go to our local bank and see if they will do the funding on it. JUDGE TINLEY: The issue, as I see it, it looks like we've got better than 50,000 going in. I'm concerned about the ongoing annual licensing costs, annual maintenance costs, and getting all these numbers. I'm not sure that we can make an informed decision till we have all of these numbers and figure out how we're going to amortize it and -- and make this thing work. It's a cons~derabLe sum of money to try and recoup, even if we're -- we're charging a -- a small portion of that to each entity that may initially begin leasing this equipment or renting this equipment from us for their elections. I think we need to be looking at some sort of a -- a commitment from them that it will be an ongoing thing. If we're going to put out this kind of money, we need to know that we've got it covered by our use and the use of other -i ~-ue r 12 1 2 3 4 5 6 7 8 9 l0 11 12 13 19 15 16 17 18 19 20 21 Z2 23 24 25 entities before we jump off and spend that kind of money. COMMISSIONER WILLIAMS: Jannett, I'm still confused as to why this is necessary now, this close to the election. MS. PIEPER: It is not necessary now, sir. COMMISSIONER WILLIAMS: Why is it on the agenda now? MS. PIEPER: Well, it's been an ongoing issue, different entities that do want to have the option of being able to program and print our own ballots. I would like to be able to print my cwn ballots, but it's not necessary that I am able to do it right now. COMMISSIONER WILLIAMS: Would this -- would this be better left for budget time? i MS. PIEPER: That is very possible, yes. And that then, that way, we can have time to get more figures together to see if it's even feasible for us to go this way. COMMISSIONER WILLIAMS: I would prefer that, frankly. COMMISSIONER NICHOLSON: Yeah. I'm wondering why we would be thinking about borrowing some money. COMMISSIONER WILLIAMS: I don't want to think about that. COMMISSIONER NICHOLSON: We don't need to be borrowing money. There's other thing I'm wondering about, and that is, I've got an uneasy feeling about the election coming up. Can you -- can you give me some assurances that things i~-ob 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~, 23 24 25 13 aren't going to go badly wrong because of our new methods? MS. PIEPER: Well, Thursday and Friday, I was up here till 10 p.m. helping to train all the Election Day workers, so I'm hoping that we've got them trained. It's a very easy system for the general public. You're still going to come in; you're going to mark your square and you're going to put your ballot in the scanner. As with any new system, there's always room for errors. COMMISSIONER NICHOLSUN: What's the worst thing that could happen? MS. PIEPER: Une of the machines go down and I don't have a backup. COMMISSIONER NICHOLSON: And hand-count? MS. PIEPER: Yes. COMMISSIONER NICHOLSUN: So we're going to be okay even if the machines don't work? MS. PIEPER: If a scanner goes down, we do have the DAU that we would still be able to use without having to hand-count. However, the line is going to get long. COMMISSIONER NICHOLSON: Okay. COMMISSIONER WILLIAMS: You're only placing one of these units in every polling place; is that correct? MS. PIEPER: That is correct. COMMISSIONER WILLIAMS: So, even if it goes down, I can't see that it's going to cause a major problem at the -i~-n~-. _ - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ LL 23 24 25 14 polling place. Can you? MS. PIEPER: The only major problem if it goes down is just that there's going to be a longer line, but nobody will be turned away from the polls, as long as they get to the polls by 7 p.m. COMMISSIONER BALDWIN: Jannett, let's get back to this agenda item. I agree with the Judge that we need to have the really bottom-line number that would include maintenance contracts and upgrades or whatever. I'm sure there are many things involved in that, so when we -- in May or whenever it is we start peeking at the budget, that -- that you'd have the bottom line, you know. And if these folks don't want to come in and visit with us, that's -- MS. PIEPER: Well, it's not that they didn't want to. COMMISSIONER BALDWIN: But they were way too busy with big clients. MS. PIEPER: No, sir. They -- he asked me if it was necessary, and I told him I did not think so. COMMISSIONER BALDWIN: Okay. MS. PIEPER: I didn't see -- COMMISSIONER BALDWIN: Whatever. I mean, if you're -- MS. PIEPER: He didn't need to drive this far just to tell you that they don't have a source for funding because -i3-oe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 of a smaller amount. COMMISSIONER BALDWIN: Yeah, I understand. I wouldn't want to come tell a government body all that, either. The -- well, if you're comfortable in bringing those numbers, that's fine with me. I don't -- that's your job. But if you feel more comfortable about asking these folks to come and appear at some point with the real, firm numbers, I think that would be good. MS. PIEPER: Okay. JUDGE TINLEY: Anything else from any other member of the Court on this? COMMISSIONER WILLIAMS: I just have a question, Judge. I'm wondering how closely Item 1.6 ties to this discussion. COMMISSIONER BALDWIN: We'll know when we get there. JUDGE TINLEY: I think it's a totally separate issue. Involves the same equipment, but it's a totally separate issue, according to my understanding. Any other member of the Court have any -- anything further to offer on this particular agenda item, Item 2? Okay. Item 3 -- it's not quite 9:20, but the -- the person who is desiring to be heard on that issue has asked that it not be considered and it be passed on the agenda today, so we'll pass Item Number 3 and we'll go to Item 4; consider, discuss, and take appropriate action approving the AIS 150 ballot scanners surplus. -i~- ~r, 16 1 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Ms. Pieper, what -- what is that particular item all about? MS. PIEPER: Gentlemen, this is our old election equipment that I would like to get declared surplus so we can get rid of it. JUDGE TINLEY: Question. Worst case scenario, if the equipment doesn't work like Commissioner Nicholson mentioned, will that equipment still be useful in scanning or counting -- MS. PIEPER: No, sir. JUDGE TINLEY: -- the ballots? If it doesn't work on the new Hart equipment -- MS. PIEPER: No, sir. JUDGE TINLEY: -- it won't -- couldn't serve any possible function in connection with future elections? MS. PIEPER,: NO. COMMISSIONER NICHOLSON: I move to declare the AIS 150 ballot scanners surplus. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item as indicated. Any question or discussion? COMMISSIONER BALDWIN: Usually when we declare things surplus, we're provided an itemized list of those things that are -- you know, by County number and the whole thing. But -- MS. PIEPER: This is two machines. They're ballot -13-. a 17 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 scanners that we used. COMMISSIONER WILLIAMS: Is there a market for them anyplace? MS. PIEPER: No, sir. Tt would cost more to upgrade those than what they're worth. That's why we're no longer using them. And then I was told that they were not even sure ii could be upgraded to be usable. JUDGE TINLEY: Any other questions or discussion on that motion that's pending? A11 in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: Alt opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Let's go ahead and take up 6, as long as we're on voting matters. Consider, discuss, and take appropriate action approving trading in three eSlate machines for a Disabled Access Unit and a Judge's Booth Controller with Hart InterCivic. MS. PIEPER: Gentlemen, whenever we were negotiating the contracts with Hart InterCivic, there was a lot of things that I was not clear on because I was not completely trained in their system. So, I'm requesting to trade in three of the eSlates to get an upgrade on a DAU. I know that doesn't make sense to you. COMMISSIONER WILLIAMS: No, it doesn't. -i~-oe 1 2 3 4 5 5 7 8 9 10 11 1L 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 18 MS. FIE PER: But it is necessary. COMMISSIONER WILLIAMS: I know you're going to tell us why, though. MS. PIEPER: Because right now, if one goes down, I don't have a backup. COMMISSIONER WILLIAMS: How many did you buy originally? MS. PIEPER: Twenty -- COMMISSIONER NICHOLSON: 21? MS. PIEPER: 24. Well, this is hard to explain. We have 21 DAU's, which are used for the handicapped, and then we have -- in addition to that, we have three eSlates that basically can only be used, like, for early voting, but I don't need that. I need to trade these three in so I can get one of them upgraded to a handicapped accessible unit in case one goes down on Election Day. JUDGE TINLEY: Ms. Pieper, the -- the DAU I assume you're speaking about is the DAU 5000 Upgrade Disabled Access Unit? MS. PIEPER: That is correct. DODGE TINLEY: And the eSlates that you're talking about are the eSlate 3000 Electronic Voting Appliance? MS. PIEPER: That is correct. When you look at them, you do not know the difference, other than if it's not upgraded, a handicapped person would not be -- it would not _ ,~ ue 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 19 function for a handicapped person. JUDGE TINLEY: The Judge's Booth Controller that you're talking about is a JBC 1000 Judge's Booth Controller? MS. PIEPER: Yes, that controls the -- the voting device. JUDGE TINLEY: Let me tell you what I got a problem with. MS. PIEPER: Okay. JUDGE TINLEY: Three eSlates, as indicated, have an equivalent value of $7,500. The booth controller and the Disabled Access Unit together have a combined value of $3,000. That doesn't seem like a very good trade to me. And we haven't used this equipment. MS. PIEPER: I don't -- I don't know the numbers. I know there will be a savings to us, but then I also know that I don't need these three eSlates that cannot -- that the handicapped voters cannot vote on. I need one that they can vote on in case one goes down out in the county. JUDGE TINLEY: I'd be more inclined to return two of the eSlates for credit, trade one of them in at $500, and get the -- MS. PIEPER: Well, we're basically trading in three, but we're getting one back that's upgraded, if that makes any sense. JUDGE TINLEY: Does that make any sense, that we -14 06 20 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have to upgrade the equipment that we got just got through buying and haven't even put into use yet? MS. PIEPER: Well, but we didn't upgrade those. When we bought them, I didn't realize the difference between a DAU and an eSlate. When you look at it, it all looks the same. COMMISSIONER WILLIAMS: What is the difference? MS. PIEPER: The difference is -- is the audio, and a regular eSlate does not accommodate handicapped. COMMISSIONER WILLIAMS: So, if you acquire these disabled units -- DAU's, as you call them -- you made mention earlier you're going to take in -- take three of your eSlates and trade them in. Where does that leave you in terms of backup if one of them goes down in your 21 polling locations? MS. PIEPER: Well, we're trading in three and we're getting one back that is upgraded to the DAU. It's got whatever components in it that makes it accessible to the handicapped. COMMISSIONER WILLIAMS: I'm kind of wondering whether the Judge's arithmetic is not bad. If the Judge's arithmetic is good, we're -- we're coming out on the short end of this. But I have another question, Jannett. Where was Hart InterCivic when all this came about in terms of our order? Didn't they tell us this stuff? COMMISSIONER BALDWIN: We're too small to be _-1~-oc 21 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 explained things. MS. PIEPER: They were with me and we were discussing this, but because of my -- I didn't have the knowledge that I have now. I mean, the rep was good. You know, he was thinking, okay, at early voting I will have the one DAU unit and these three eSlates, because he thought I wanted more electronic voting -- anyway, he and I were not on the same page. I mean, it's not his fault and it's not my fault. I just didn't have the understanding that I have now. But when more of the voters come in, they're still going to be handed that paper ballot and they'll still mark in their square. Therefore, I don't need the three extra eSlates. I need the extra DAU in case one of them should break or go down. COMMISSIONER NICHOLSON: What's wrong with the -- the proposal that -- to send the unused new equipment back for credit and buy this other device? MS. PIEPER: Because if we buy it, we're going to be out more money. If we just do it this way, we're not out any money. COMMISSIONER NICHOLSON: I thought we'd get a bigger return on the cost of the new machine. MS. PIEPER: It's the same price that we purchased it for, so we're getting refunded the exact same price. But by trading in two other ones, then that's -- that's able to - 1 ' U F 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 take care of cur license and our software on that. COMMISSIONER WILLIAMS: Is this necessary for the upcoming election? MS. PIEPER: If I can get it in time, I -- I'd feel a little bit more easier. These units will be taken out of their case, more than likely taken out to curbside. I know they're very durable, but if there's -- if they're dropped the wrong way, then they could break. JUDGE TINLEY: Do you suppose it would be possible for this Hart individual that's so extremely busy handling these large accounts to maybe get down here for a few minutes? I'd like to talk to him and see if m}~ numbers are right. MS. PIEPER: We11, he's not aware of this agenda item. This is strictly me. The Hart rep that I've been dealing with -- I mean, I've been dealing with my account manager from Hart on this particular item, JUDGE TINLEY: Well, where's that individual? MS. PIEPER: She'll be here sometime this week, but I'm not real sure when. JUDGE TINLEY: Well, maybe that would be a good start to be talking to that individual about adjusting these. If my arithmetic is wrong here, let me know. I'm working off of your numbers. And the unit prices of these pieces of equipment and the way I calculate it, we're giving up 7,500 worth and we're getting back three grand, and that doesn't 1 i U 6 23 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 jive for me. MS. PIEPER: Well, this bottom section says that we're saving $1,890. COMMISSIONEk WILLIAMS: Where do I see that? MS. PIEPER: Should be on -- it's on the backup. Or, do you know what? I'm probably working off of a different backup than you. COMMISSIONER WILLIAMS: I think so. JUDGE TINLEY: That would make a difference. MS. PIEPER: Well, I may not have received this in time whenever I put that on the agenda. JUDGE TINLEY: Okay. MS. PIEPER: But that's what I'm wanting to trade in, and I'm wanting to receive an upgraded DAU. And by doing that, it`s not costing the County anything. I've also ran that by Jennifer Holliman from the Secretary of the State's office that works on the grants, because we would have to modify the grant if this is approved. COMMISSIONER WILLIAMS: That was going to be my next question. What do we have to tell the State? MS. PIEPER: I would have to fax them a copy of the court order for the approval, and modify the grant. COMMISSIONER BALDWIN: What have you got there, Judge? JUDGE TINLEY: Well, I'm showing that in one place _-1?-ua 24 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 G 1 22 23 24 25 it Calks about delete two of the eSlates, and that shows a credit of 5,1)00, and add -- I mean, the numbers are correct. Add the DAU and the -- and the booth controller for a total of 3,000. But then it refers to deleting three eSlates -- MS. PIEPER: But we're getting one of those back thaC's upgraded. COMMISSIONER WILLIAMS: So, we're not actually trading one in; we're sending it back for an upgrade? MS. PIEPER: Right. COMMISSIONER WILLIAMS: We're going to get it back? MS. PIEPER: Right. JUDGE TINLEY: But they're showing that we're getting the benefit of the trade of -- to the good of $1,890, and I don't see it from these numbers. Maybe somebody else can figure it out from that. COMMISSIONER BALDWIN: Well, for the sake -- JUDGE TINLEY: Or maybe where it says "net cost of change" is referring to our net cost, and shows a negative 1,890, so that we're losing two on the deal. COMMISSIONER WILLIAMS: That would be a loss of value. JUDGE TINLEY: Yeah, mm-hmm. COMMISSIONER WILLIAMS: Doesn't cost us anything, but there's a loss of $1,900 of value. JUDGE TINLEY: Mm-hmm. i? ne 25 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 ~4 25 COMMISSIONER WILLIAMS: That we've already paid for. Would that be -- MS. PIEPER: No, we haven't paid for it yet. COMMISSIONER. WILLIAMS: Somebody paid for it. JUDGE TINLEY: No, Commissioner. That's probably the good news. I don't think we've totally paid for it yet. MS. PIEPER: No, we haven't paid for any of the election equipment yet. JUDGE TINLEY: We may have more control over this item than we thought. COMMISSIONER WILLIAMS: Is the State still intending to pay for it? MS. PIEPER: Yes. That's why I have talked to the Secretary of State on this, just to make sure that we're still okay with it. COMMISSIONER EALDWIN: The way I think that this needs to be handled -- I mean, I don't think that we're going to be able to deal with this here today. Or it doesn't appear that way to me, anyway. But I think the best way to handle it is to -- we can postpone an agenda itern for two days? JUDGE TINLEY: One, 24 hours. COMMISSIONER BALDWIN: One 24-hour period. We can try that, and if her lady friend can get down here and sit down with you and -- you know, if we can come back in here in 24 hours and -- when will she be here? -1J-o6 1 3 4 5 5 7 8 9 10 11 1~ 13 14 15 16 17 18 19 2U 21 22 23 24 25 26 M5. PIEPER: I don't have my calendar, sir; I don't know for sure. COMMISSIONER BALDWIN: Or we can -- we can approve it contingent on the Judge and this lady meeting and them working the numbers together. Or we can throw this whole thing in the trash can and start over. But I just don't see -- MS. PIEPER: Well, they're giving us the full purchase price back. I mean, it's -- you know, like if you trade a vehicle, then it's the depreciation. They're giving us the full purchase price back. COMMISSIONER BALDWIN: I hear what you're saying. The Judge's numbers -- he's sitting over there figuring these things out and adding and subtracting. If they don't jive with this company, cae're not voting on this thing today. It's that simple. Somebody from the company needs to come down and tell us what they want to do. COMMISSIONER NICHOLSON: I'm not going to vote on it either way, Commissioner; I don't have enough information. COMMISSIONER BALDWIN: Absolutely not. COMMISSIONER NICHOLSON: l don't even know what I'm voting on, COMMISSIONER WILLIAMS: Jannett, if you look at the numbers that you just gave us -- MS. PIEPER: Okay. -1~-~,r~ I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~l ?~ 23 24 ~5 z7 COMMISSIONER WILLIAMS: -- and the Judge is correct. While it's not costing us anything, what it shows on the bottom is a negative number, which is a loss of value. Now, if the State is willing to accept that somehow or other, that's a different ball game, but that's what I see. COMMISSIONER BALDWIN: But we don't know that. COMMISSIONER WILLIAMS: We don't know that. MS. PIEPER: Okay. JUDGE TINLEY: Anything further by anybody on the Court on that agenda item? COMMISSIONER BALDWIN: Call your little friend; tell mer her to hop the next Greyhound and come down here. Oh, that's right, Greyhound's too way below them. JUDGE TINLEY: Let's move to Item 5, approve the annual accounts and status of the investments pursuant to the provisions of the Texas Probate Code. Ms. Pieper, this is an annual requirement, I think, for the investment -- individual investment accounts that are maintained in your office? MS. PIEPER: Gentlemen, this is just a formality we go through once a year, that I have to notify you of the -- of the investments that my office has made, and this is each one of them. COMMISSIONER WILLIAMS: Move approval of the annual accounts and status of investments pursuant to provisions of Texas Probate Cade 887(b). _-13-CiF 1 3 4 J 6 7 8 9 10 11 12 13 14 15 16 17 18 19 LO 21 2Z 23 24 25 28 COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. 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. Let's move to Item 7; consider, discuss, and take appropriate action to accept grant of real property donated by Nowlin and Becky McBryde to Kerr County. Mr. Emerson? MR. EMERSON: Yes, sir. This is a grant -- it's my understanding that 14 and a half years ago, the McBrydes generously donated land to Kerr County to expand a road, and they have nor had use of that property. Kerr County did, in fact, build that road. And somehow in the process, the grant was never completed, so the McBrydes have owned property that they couldn't do anything with and paid taxes on property that they couldn't do anythinq with for 14 and a half years, and this grant will remedy that situation. COMMISSIONER WILLIAMS: Where is the road? MR. EMERSON: Out where Avery and Harper Road intersect, out in that area. I also think it's important to tell you that I offered, on behalf of the McBrydes, to go back and try to make restitution for taxes paid on property that _-~ ;-o~ 29 1 2 3 9 5 h 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 was a county road, and they very generously said, "No, thank you." COMMISSIONER NICHOLSON: I move to accept the grant of real property donated by Nowlin and Becky McBryde to Kerr County. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item and for the property indicated in the materials furnished. Any question or discussion? COMMISSIONER BALDWIN: I just want to reiterate what the attorney said. These good folks paid taxes on this property that they had given to the County for 18 years, and never one time made a -- raised a peep about it. Just smiled and went on, and -- and we're finally getting to that after all these years. Great citizens, and I appreciate them very much. And thank you, Rex, for finally getting this done. JUDGE TINLEY: Any other 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: That motion does carry. Let's go to Item 10, if we might. Consider, discuss, and take appropriate action on banning all portable heaters from county buildings. MR. HOLEKAMP: Okay. That's the agenda item. The -13-n6 30 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 way I worded it might be a little bit -- COMMISSIONER NICHOLSUN: Little bit of overkill? MR. HOLEKAMP: -- little brash. I know I got some people's attention. We've -- we have a problem -- several issues -- problems in the old part of the courthouse; i.e., the second floor -- first floor on the south side. We have too much load for the amount of equipment that's being plugged in. When we first went to computers back in -- what, '89? '90? Anybody remember? SHERIFF HIERHOLZER: '89. MR. HOLEKAMP: '89. We upgraded designated lines for computers to be plugged in. Currently, there is a breaker box back there with just those in it, but the sockets on the walls are -- you can't tell by looking at them what is what. And what's happened through the years is, we're plugging in heaters, we're plugging in refrigerators, we're plugging in radios, we're plugging in -- all of these items are being plugged into electrical sockets, whether it -- and what's happened is, is we use power strips; some people call them surge protectors, but they will not protect against overheating. So, I need some help. I need -- Mr. Trolinger sent me an e-mail last week or week before last about a particular computer that burned up due to -- got too hot; space heater was blowing right on it, on the CPU part. He brought it to my attention, and his request was -- is can you -i, oc 31 1 2 3 9 5 h 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 2 S -- can we cosponsor to do something? Well, I understand -- I do understand people getting cold in the winter. But I -- I think we're going to have to start looking at the practicality of spending $20,000, $25,000 for upgrading electrical versus somebody bringing a throw, you know, or somethinq to put on their legs if they're cold. I don't know how we get there. You know, I don't have the authority to go in there, and I'm not going to go in there and unplug them and take them out. We did that three, four years ago, five years ago, and they've all reappeared -- or a lot of them have, not all of them. So, what I'm asking is, I need cooperation. John -- John Trolinger needs cooperation, because not only is it a danger with the -- the electrical overloading, it's a fire danger. Some people forget to turn them off ar_ night. And y'all know what a radiant heater does. It's like, well, these old bathroom heaters. It pulls about 13 and a half amps. A computer probably -- I don't know. John's not here; he walked out. You know, they barely run two, three amps to run a CPU. Very little. So, we could extend the life of our electrical considerably if we would take the extras off the circuits. COMMISSIONER BALDWIN: So, you're tellinq me that the entire electrical system down there is designed for computers? MR. HOLEKAMP: No, no, no. No, I'm sorry. It -13-:i6 32 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 was -- that was added in 1980 -- what? COMMISSIONER BALDWIN: '89. MR. HOLEKAMP: '89. Designated breakers for computers only. In fact, we -- there's a little sign on the breaker box that says, "Do not touch - computers only." So -- and what we're finding, my people, when there is a power outage, they stay away from that one, because that's not ours. That's basically the I.T. fellow's. Well, those are being plugged into for other things other than computers, so what's happening is that they can't handle it. JUDGE TINLEY: Do I understand you that the power strip, or a surge protector, which is plugged into that dedicated circuit for the computers -- MR. HOLEKAMP: Mm-hmm. JUDGE TINLEY: -- also has these heaters, for example, plugged into them? MR. HOLEKAMP: For example, yes. JUDGE TINLEY: And that's what's creating the problem on the computers? MR. HOLEKAMP: A lot of the problems, yes. Yes. Flus the overheating. COMMISSIONER NICHOLSON: Glenn, what if -- MR. HOLEKAMP: Go ahead. COMMISSIONER NICHOLSON: I wasn't too sure I understood that you don't have the authority to regulate -~ ~ ~~~ 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 personal property in the courthouse. But what if you had the authority -- a requirement that any employee that brings personal electrical property in here has to be approved by you, and the connection has to be approved? MR. HOLEKAMP: That would be acceptable. I don't have a problem -- I -- I think there's a mentality -- and I'm not sayinq any -- any particular place, because we have it in our own -- own little worlds, where people think as long as there's a receptacle, they got electricity. It doesn't necessarily mean that, because we have some incidences and places where there's a power strip plugged into a power strip. That is nine plugs off of one breaker. COMMISSIONER NICHOLSON: Is this just an issue in the courthouse, or is it the Sheriff's Office and -- MR. HOLEKAMP: In the Sheriff -- the Sheriff and them are real good about -- they don't have any little extra stuff hardly at all over there plugged in. I mean, and a lot of ours has been through the years. I mean, it's -- blaming is not what I'm here for. I'm trying to figure out a solution. I mean -- COMMISSIONER WILLIAMS: Well, sounds like you have, you know, a problem with two parts of it. Mr. Trolinger reported that the space heater was aimed at the computer and caused the computer to burn out, right? MR. HOLEKAMP: Correct. That was his -- >-i; of 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: You're talking about the draw-down on a particular circuit, aren't you? MR. HOLEKAMP: Mm-hmm. COMMISSIONER WILLIAMS: So it's really two different problems. MR. HOLEKAMP: Yes. COMMISSIONER WILLIAMS: County-owned or are these person in? Because I know in my little you provided -- MR. HOLEKAMP: They're COMMISSIONER WILLIAMS: Are these -- are these ~l things that people bring annex office at Center Point, some of each. -- the space heater over there. MR. HOLEKAMP: There's some of each. COMMISSIONER WILLIAMS: It's best to unplug them when you leave; I understand that. MR. HOLEKAMP: Yeah, there's some of each. I'm not -- some of them say Maintenance, and that was before my era in -- in Maintenance. Mr. Speakman, he had a lot of heaters in the building, and -- and I -- there's certain areas that they're not a problem, where the electrical has been upgraded, where you're not trying to put six or seven things onto one area. COMMISSIONER WILLIAMS: Would it be helpful if the Court, by direction -- well, there's no action styled in this _-~3-uo 35 1 L 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 c L 23 24 25 agenda item, but I'm just kind of talking out loud, thinking out loud here. MR. HOLEKAMP: Mm-hmm. COMMISSIONER WILLIAMS: Would it be helpful if, in a future agenda item, the Court gave the Maintenance Department the authority to approve the installation of any, before they're put in use, no matter where? The type, the electricity draw-down, which receptacle they put it in and so forth? MR. HOLEKAMP: That would be helpful. COMMISSIONER WILLIAMS: Why don't we come back with that styled that way? JUDGE TINLEY: Ms. Nemec wanted to be heard. MS. NEMEC: Judge, Commissioners, I'm thinking maybe that this is something that should be turned over to the Safety Committee and have the fire department come in here and walk through with us and see what is appropriate and -- and what needs to be pulled out and stuff like that, and then the Safety Committee report back to the Court with the findings. And, you know, Mr. Holekamp is part of that Safety Committee, so we could -- JUDGE TINLEY: It would seem that the safety -- safety issues would be one component of it, and getting the Safety Committee involved in it very well would be appropriate. _-13-OF 36 1 2 3 9 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 MS. NEMEC: So, if that's, you know, okay with the Caurt, then Glenn and I and the Safety Committee can get together on a date, get the fire department out here, and do a walk-through of what is dangerous and what is not. MR. HOLEKAMP: I don't know if this Court's ready for the expense we`ll get into when -- SHERIFF HIERHOLZER: Fire department's going to tell you what you have to do. MR. HOLEKAMP: That's my point. And -- JUDGE TINLEY: It may be necessary that we can wind our way through this thing without the necessity of getting them here, and still consider the safety issues? Is that what you're saying there, Mr. Holekamp? SHERIFF HIERHOLZER: They may be here tomorrow, after this meeting. MR. HOLEKAMP: Well, you know, I'm just trying to -- to get to a common-sense resolution. I know Mr. Trolinger's got some issues with the overloads, and believe me, he -- he gets very animated when you start messing with his equipment and it gets too hot. We've spent a lot of money keeping this new equipment that just came in -- trying to keep it cool enough, It's very expensive. COMMISSIONER BALDWIN: Glenn, on the issue of the heater pointed toward the computer -- MF.. HOLEKAMP: Mm-hmm. _-i~i-c,~r~ 37 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~9 25 COMMISSIONER BALDWIN: -- and possibly doing -- I mean, it seems to me that I would tell the employee, "Do not point your heater toward the computer." And if they do, then take their heater away from them or take their computer away from them. I mean -- MR. HOLEKAMP: Oh, I don't have that authority, Commissioner. COMMISSIONER BALDWIN: You don't have the authority to take somebody's heater? MR. HOLEKAMP: I don't know. COMMISSIONER BALDWIN: Bill Williams does. MR. HOLEKAMP: I don't want any more knots on my head. (Laughter.) But you understand what I'm saying, is -- is we're talking -- COMMISSIONER BALDWIN: I do, but you're also asking for a solution. That's a solution. MR. HOLEKAMP: I will make an attempt at it. COMMISSIONER BALDWIN: If they're damaging County property and putting this building at risk fire-wise, unplug the damn heater and haul it out. MR. HOLEKAMP: Okay. COMMISSIONER BALDWIN: It's simple as that. It really is. COMMISSIONER WILLIAMS: In any case, it's -- where you notice that the heater is pointed at a computer and their ?-13-~6 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 feet are near the heater, you know that there's something wrong there, too. MR. HOLEKAMP: Yes, sir. JUDGE TINLEY: I think you probably already received more authority than you really came here to get. MR. HOLEKAMP: Thank y'all very much. JUDGE TINLEY: Anybody on the Court have anything further to offer on this item? COMMISSIONER BALDWIN: I've got to turn my heater down down here. (Laughter.) JUDGE TINLEY: Let's -- let's move, if we might, to Item 11; consider, discuss, and take appropriate action to set a public hearing for the revision of plat for Lots 3, 4 and 5 of Japonica Hills located in Precinct 4. Mr. Odom? MR. ODOM: Yes, sir. This is proposed to be done in the alternate plat process, so at this time, all we need to do is set a public hearing. What we're doing is moving lot lines on three lots. We're not increasing or decreasing; we're just moving the lines out, making some a little bit smaller and one just a little bit bigger. And I suggest March the 13th, 2006, at 10:10 a.m. for the public hearing. COMMISSIONER BALDWIN: One more time? March what? MR. ODOM: March 13th at 10:10 a.m. COMMISSIONER NICHOLSON: I move to set a public hearing for revision of plat, Lots 3, 4, and 5 of Japonica .-13 O e, 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1fl 19 20 21 22 23 29 25 Hills, Precinct 9, for March 13, 2006, at 10:10 a.m. COMMISSIGNER EALDWIN: Second. JUDGE TINLEY: Motion made and seconded to set the public hearing as indicated. 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: That motion does carry. Let's move to Item 12; consider, discuss, and take appropriate action for a concept plan for Commercial Commerce Park of 6.59 acres west of Center Point, and located in Precinct 2. MR. ODOM: Yes, sir. Hi, Danielle. What we have, Ms. -- Mrs. Cunningham here is proposing to build a commercial park in Center Point, and what she's proposed -- you can see the layout in her narrative of her concept for commercial. At this time, she wishes -- are you going to subdivide this into five or into two? MS. CUNNINGHAM: Into five. MR. ODOM: Into five, okay. And I believe that Commissioner Williams, as well as Commissioner Letz -- I had talked to Jonathan about it. What -- what it says in our rules is that commercial is to be taken on a case-by-case proposal. We've only had one, and that is off of Precinct 4 area there; Mr. Vlasek, I believe, built that one down there, _-~3-n~ 40 1 G 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 so we don't have much precedents. But what I see and what Commissioner Letz and I, and some of the differences in -- that came from that meeting, potential suggested differences as opposed to the memo the Court had, and then we'll see what questions the Court has after that. MR. ODOM: Okay. COMMISSIONER WILLIAMS: Where Mrs. Cunningham is proposing that there be a variance granted for the right-of-way from 60 to 40 feet, upon which would be constructed a country lane, the suggestion from our meeting came out that it would be a better situation to have a 60-foot right-of-way and a local road constructed, because of the type of traffic that would be serving this particular commercial development. That, of course, takes some property away from Ms. Cunningham, for she and her husband for future development on Lots, 1, 2, 3 and 9 -- or is it the other way around, 2, 3, 4, and 5? Whichever it is, it was her hope that she could subdivide the remaining lots into 1-acre parcels, and from the discussion that we had, it was also suggested that having a 1-acre lot is not -- not totally written in stone. That the -- the acreage could be a little bit less than 1 acre, because -~"5-! 6 1 °.° 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 41 we're going to do the road properly without a variance and so forth, so any variance that might be forthcoming from the Court would be on the lot size being less than -- if necessary, on the lot size being less than 1 acre. Water does not play into it, based on Commissioner Letz' point of view, and he's our accepted expert on water matters in Region J, because the accountability for the water usage in Kerr County has already been included for these individuals, and so we're not really talking about a lot of water on -- on five parcels of ground that would be developed as commercial. So, with that explanation, Danielle, anything you want to add to it and enlighten the Court? MS. CONNINGHAM: One thing we talked about in relation to the reduction in the easement, the reason for that is, you know, we tried to require more property so that we -- you know, we'd have that room, but we only have 250 feet in width. And for the type of structures that we want to allow to go in there, mostly warehouse-type spare, we felt like having too narrow of a lot would minimize the opportunities for different types of businesses there. And, you know, one concession we'd be more than willing to make is maybe widen the road over what -- what y`all would require if -- if you'd 24 25 going t 13-n6 COMMISSIONER NICHOLSON: Ms. Cunningham, you're be willing to lessen that easement width. 1 3 4 5 6 7 8 9 10 11 1~ 13 14 15 16 17 18 19 20 .'I 22 23 24 ~'S 92 MS. CUNNINGHAM: Yes, sir. COMMISSIONER NICHOLSON: What kind of businesses do you expert would be on 2, 3, 4, and 5? MS. CUNNINGHAM: You know, at this point, I don't know. I hope -- hope we can attract, you know -- COMMISSIONER NICHOLSON: Retail? MS. CUNNINGHAM: No, not retail. I think more, you know, manufacturing and industrial. COMMISSIONER NICHOLSON: How many people da you employ? MS. CUNNINGHAM: Three. COMMISSIONER NICHOLSON: Thank you. COMMISSIONER BALDWICd: But you don't have any intention of building a home on any of this -- MS. CUNNINGHAM: Absolutely not. COMMISSIONER BALDWIN: -- of these properties, or rnoving a mobile home in there and moving the children in there to be night watchmen, or -- MS. CUNNINGHAM: No, we -- we haven't thought about that. COMMISSIONER BALDWIN: It's all industry? MS. CUNNINGHAM: Right. And -- and we're going to be pretty protective of what type of businesses we allow in there, because we're making a significant investment in our own business in the back lot, and we obviously would want _-13-06 43 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 things that are going to help -- help the value of our property rather than take away from it. Mobile homes would definitely not fall into that category. COMMISSIONER WILLIAMS: There was one other suggestion that came out of our meeting, you recall, and that had to do with a need for either a cul-de-sac or a greater turnaround area on the -- on the Parcel Number 1 that you intend to be for your business. MS. CUNNINGHAM: Well, we feel like, you know, we do need to add a cul-de-sac probably at the end of Lot 2. And it may -- may go up onto Lot 1 as well, just to allow, you know, cars or trucks that go in wherr we're closed and our -- you know, we have a gate closed, so that they could turn around. And I think Commissioner Letz said that wasn't a requirement, but I think it's something we all agree would -- would make common sense. COMMISSIONER WILLIAMS: Mm-hmm. You do have 18-wheelers coming and going? MS. CUNNINGHAM: We do. COMMISSIONER WILLIAMS: We don't want them backing out on Highway 27. MS. CUNNINGHAM: No, I don't think -- I don't think that would be a good -- good situation, COMMISSIONER BALDWIN: Is this -- this is the Thomason property? _ - 1 's - U 5 1 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ZL 23 24 25 94 COMMISSIONER WILLIAMS: Yes, and this is Thomason's purchasing from -- COMMISSIONER SALDWIN: Right. Is this the Little League area? COMMISSIONER WILLIAMS: The Little League is totally to the right, I believe. Is that correct? Little League fields are totally to the right? I MR. ODOM: Yes. COMMISSIONER WILLIAMS: Totally to the right. MR. ODOM: Yes. COMMISSIONER WILLIAMS: And the parcel immediately between the prcposed site and the Little League is still Mr. Thomason's? MS. CtJNNINGHAM: No, he sold that. And, supposedly, the people who purchased it, in the long-term, plan to put mini storage in that area. COMMISSIONER WILLIAMS: Okay. Okay. MR. ODOM: Also, I believe that -- talking to Commissioner Letz, that he was talking that we didn't have a problem. Our setback's 20 foot. Because this -- because this is so narrow, and because we wish to go with a 60-foot, that a modification, which is a case-by-case, but maybe a 10-foot setback for the buildings. JODGE TINLEY: Side setback, you're talking about? MR. ODOM: Yes, sir, off the road there, instead of z-i-.-n~ 45 I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a 20-foot, would give them a little bit more room to build a commercial park, because it is so narrow. But I am in agreement with a 60-foot easement, and I think that we should qo to maybe 8 inches of crushed base instead of 6 inches because of the commercial load. COMMISSIONER WILLIAMS: 8 inches? MR. ODOM: 8 inches. Build a better -- better road with a cul-de-sac, and I think she could design that or have that designed some way, maybe a half -- back up in there, but let someone design it that we can have a turnaround back there and have a little bit more. Normally, commercial is a little bit thicker pavement, and -- and I think we should have something that if we maintain, we don't lose it. COMMISSIONER WILLIAMS: Do you think, Leonard, that on a commercial, since -- since the rules indicate these things are taken on a case-by-case basis, do you believe it's necessary to also have a variance for the lot size for Lots 2, 3, 4, and 5? MR, ODOM: I think it should be addressed that that's what she's wanting to know, if there should be a variance. I don't know that -- I think that will probably come as you design this for a preliminary, that we could see where that's at. But I'm like Commissioner Letz, that commercial is not like a home, and you're not going to use that much, and -- and we should encourage. 13-~G 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 46 COMMISSIONER NICHOLSON: We should encourage -- MR. ODOM: We should encourage commercial development. COMMISSIONER NICHOLSON: Here's an opportunity to -- MR. ODOM: This is unique. COMMISSIONER NICHOLSON: -- maintain and expand a local business, and maybe get four more, maybe some jobs. We don't have very much opportunities -- MR. ODOM: We don't have many. And that area's beginning to grow, and I think that this is a pilot thing. This is a step-by-step. We don't have much to go by, but 1 don't think we should be setting -- personally, be set at 1 acre. I think we should look at it and try to fit it. COMMISSIONER NICHOLSON: We don't -- don't need to make so it difficult tha*_ the deal doesn't get done. MR. ODOM: We would like for her to stay here and build. JUDGE TINLEY: Ms. Cunningham, let me ask you, if I might, what is going to be the difference in the remaining four lot sizes, reducing from a -- or increasing from a 40-foot to a 50-foot? What -- what's going to be the effect on the remaining lot size? MS. CONNINGHAM: Well, it would -- obviously, we've got about 1,000 feet in length. And if you look -- you know, by 20, you're looking at another half acre. -ie-oa 47 1 2 3 4 5 6 7 8 4 10 11 12 13 14 15 16 17 18 19 20 21 ~2 23 24 25 MR. ODOM: Then again, if you -- if you take your setback and go 10-foot -- JUDGE TINLEY: I'm getting there. MR. ODOM: Okay. JUDGE TINLEY: If we -- if we reduce the side setback on the side lot lines by 10-foot on either side for your improvements, won't that kind of be pretty much an even trade-off there? MS. CUNNINGHAM: In some respects, I think so. Obviously, it might reduce the market value, you know, from my point of view, you know, for selling it by the square foot. It's going to take away some. But -- MR. ODOM: If -- JUDGE TINLEY: What do you think it will have -- what effect will that have on being able to get the deal done? And I realize we're dealing in speculation here, but I just want your -- off top of your head thinking. MS. CUNNINGHAM: I think that it allows -- it just creates more opportunity for -- for larger businesses to go into those lots. Instead of -- you know, we've been in a search for property for our business for about three years, and, you know, just a tenth of an acre could make a difference on whether our building would fit on that property or not. And that's -- that's my perspective. It's coming from frustration from not being able to find property for our _-~~-! 48 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 business. And I really just want to have the most usable land that we can. JUDGE TINLEY: Well, it does occur to me that if we're looking at building footprint, by modifying the setbacks, that would -- certainly would appear to be at least an even trade, it not better. What's the rear setback? Also 10 foot? MR. ODOM: I'm sorry, rear? Yes, I believe so, 10 foot off the rear. But she's up against the L.C.R.A. -- JUDGE TINLEY: Okay. MR. ODOM: -- easement there. COMMISSIONER WILLIAMS: That's part of the problem, Judge. Got that big L.C.R.A. easement -- MR. ODOM: She's got the big L.C.R.A. It really hampers her to one side where she could build the road, how to make this work more efficiently. MS. CUNNINGHAM: As Leonard put it, we're basically hemmed in at this point. JUDGE TINLEY: Mm-hmm. COMMISSIONER WILLIAMS: This will be a private road, correct? MS. CUNNINGHAM: Yes. COMMISSIONEP. WILLIAMS: Built to county specs, but it will be a private road. MS. CUNNINGHAM: Yes. - i i 0 6 49 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2q 25 COMMISSIONER WILLIAMS: What problem do you have with -- with a -- a 50-foot right-of-way constructed to local road standards? Do you have a problem? Let me ask it that way. MR. ODOM: Directed to me? COMMISSIONER WILLIAMS: Directing the question to you gentlemen. MR. ODOM: Oh, okay. If we can get a 20-foot pavement, 8 inches of base, and some type of cul-de-sac down there to turn that traffic around, we got a different type of traffic, and it's bigger trucks, so that's a compromise that's probably -- I could live with it. She could -- we could get the truck traffic in and out; that's what I'm concerned about, then hit that -- hit 27 down there to get them out. COMMISSIONER BALDWIN: 40 foot? COMMISSIONER WILLIAMS: No, make it 50 foot. COMMISSIONER BALDWIN: With 20-foot surface? MR. ODOM: 10-foot setback. DODGE TINLEY: Mm-hmm. COMMISSIONER WILLIAMS: Yes, sir. DODGE TINLEY: If we modify that, also, I think we're goinq to allow you a little bit bigger building footprint. COMMISSIONER NICHOLSON: That just seems big enough to me for a dead-end private road. Now, I realize it's got to - 1 ~ - G F 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 be built well enough that it can handle heavy trucks, but that seems like -- COMMISSIONER WILLIAMS: You think it is or is not? COMMISSIONER NICHOLSON: I think that's a good compromise. COMMISSIONER WILLIAMS: Okay. Does that work for you, Danielle? MS. CUNNINGHAM: Absolutely. MR. ODOM: She'll -- it should basically give you a 60-foot right-of-way, what she got with a 10-foot setback. That's probably very astute. COMMISSIONER WILLIAMS: Okay. Since they're -- JUDGE TINLEY: That gives her more flexibility as far as the building footprint, is what I'm looking at. And also more -- more versatility of the types of businesses to go in, if you've got a larger footprint for the building. MR. ODOM: She's just -- JUDGE TINLEY: I'm like Commissioner Nicholson; I want the deal to get done. MS. CUNNINGHAM: I do as well. MR. ODOM: So, may we go over what she expects to do so she can get with her -- COMMISSIONER WILLIAMS: I think the Commissioner has a question. COMMISSIONER BALDWIN: I have probably the most -is-rye 51 1 2 3 4 5 F 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~4 25 important question of -- out of the whole thing. What is Specialty Blends? MS. CUNNINGHAM: That's a secret. COMMISSIONER BALDWIN: Is it a secret? MS. CUNNINGHAM: No. We're a commercial winery. COMMISSIONER BALDWIN: Commercial winery? MS. CUNNINGHAM: Yes. Believe it or not, there's one in Kerr County. We do liquor-flavored wines, and we sell to amphitheaters, sports stadiums, restaurants, mostly businesses that have a beer and wine license here in Texas, but we're also expanding to other states. COMMISSIONER NICHOLSON: Is your product for sale locally? MS. CUNNINGHAM: I'm sorry, sir? COMMISSIONER NICHOLSON: Is your product for sale locally? MS. CUNNINGHAM: No, we're really a commercial operation. COMMISSIONER NICHOLSON: Okay. MS. CUNNINGHAM: We sell mainly to other beer and wine licensees. So -- COMMISSIONER BALDWIN: So, you can get a wine with a bourbon flavor? MS. CUNNINGHAM: Exactly. COMMISSIONER BALDWIN: Is that what you're saying? _-~ i-~,e 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1R 19 20 21 2~ 23 29 25 Order pina colada? MS. CONNINGHAM: Our biggest product is our tequila flavor, so restaurants that have beer and wine licenses can serve margaritas. That's the concept. COMMISSIONER BALDWIN: I've got all these pictures dancing through my head here. Have a glass of wine and dance on the tables. This is good. I like this. COMMISSIONER WILLIAMS: Let's see if we can recap it here. MR. ODOM: Yes, sir. COMMISSIONER WILLIAMS: This is a concept plan. MR. ODOM: Right. COMMISSIONER WILLIAMS: And the Court appears to be looking favorably upon a 50-foot right-of-way instead of 60, a 20-foot pavement surface built to county standards with an 8-inch base, a 10-foot side and back road setback, as opposed to -- that would be a variance, and some kind of a turnaround -- I guess a cul-de-sac? MR. ODOM: Cul-de-sac. COMMISSIONER WILLIAMS: That would be partially on Lot Number 1 and Number 2? MR. ODOM: However the engineer thinks he can make it fit. COMMISSIONER WILLIAMS: Is that what I'm hearing? COMMISSIONER BALDWIN: Yes, sir. -i~3-uh 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER NICHOLSON: Is that a motion? COMMISSIONER WILLIAMS: That work for you, Danielle? MS. CUNNINGHAM: Yes, sir. COMMISSIONER WILLIAMS: Concept plan. Thanks for coming. MR. ODOM: Come back to us with a preliminary, all right? Just have them contact me. MS. CUNNINGHAM: Thank you all. Appreciate it. JUDGE TINLEY: Get the deal done. Okay, let's go back to Item 8, if -- if we might. It was a timed item for 10 a.m. It's a little bit past that now. Consider and take action on the resignation of F.C. Henson from the Board of Commissioners of Kerr County Emergency Service District Number 2. COMMISSIONER NICHOLSON: Well, I'm told that, as a formality, it's necessary for the Court to take action to accept the resignation of an appointed ESD Commissioner. I don't know what we would do if we didn't approve it. I guess Mr. Henson would have to go back to work. But I move that we approve the resignation of F.C. Henderson (sic) from the Board of Commissioners of Kerr County Emergency Service District Number 2. COMMISSIONER BALDWIN: Second. F.C. Henson? JUDGE TINLEY: Yes. COMMISSIONER NICHOLSON: Henson. What did I say? 13-ii6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1J 16 17 18 19 ~0 21 22 23 24 25 54 COMMISSIONER BALDWIN: Henderson. JUDGE TINLEY: A lot of Hendersons out there in that part; it's understandab]e you'd qet them confused. COMMISSIONER NICHOLSON: I usually call him Corky Nelson. I think that was a football coach, wasn't it? JUDGE TINLEY: Motion made and seconded for approval of the resignation of F.C. Henson from the Board of Commissioners, Ferr County Emergency Services District Number 2. Any question or discussion on the motion? All in favor of the motion, signify by raisinq 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 1~, if we might. Consider, discuss, and take appropriate action to allow Road and Bridge to advertise for annual bids on trap rock, aggregate, asphalt, emulsion oils, corrugated metal pipe, road base material, black base, and cold mix. COMMISSIONER WILLIAMS: 13, you mean, Judge? JUDGE TINLEY: What did I call it, 12? It's Item 13. My apologies. h7R. ODOM: Our annual bid expires April the 1st of '06 here. Therefore, we ask that you allow us to advertise for bids on road materials listed above. It's for our -- all our working items; asphalt base, cold mix, emulsion. With the 13-Oti J J 1 L 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~1 22 23 24 25 price of fuel-related products being so unstable, and continuing to be unstable, we've already had companies who are unable to deliver to us at our current bid prices; therefore, we are considering a cost-plus bid on all related items. That is an informational statement to say that we wish to look at that. I'm not quite sure how the State of Texas has started to do that, because they're having the same thing with their bids, and I wanted to review how they went through that process or what they did and how it works. But, with the surcharges in fuel, it is -- it's frightening of where we set the budget in May, and we'll be setting a new one. Where's petroleum going to -- we just don't know, but the related products are just going higher and higher. COMMISSIONER BALDWIN: I move for approval. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Any question or discussion? Mr. Odom? MR. ODOM: Yes, sir? JUDGE TINLEY: Did I understand you correctly that some of the bids which we were submitted last year that are still valid bids, that our vendors are unable to supply us? MR. ODOM: That's -- well, let's put it this way; we've got -- most of our bids have been where they're at. Petroleum is one thing -- we're not shooting petroleum; we just know that it's going up. And that -- you know, just -- -ii o~, 56 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 just in general. I mean, fuel and everything is just going higher. And we normally take a bid of three -- get three bids locally, and have been successful in holding our prices down there. We're holding in there as far as the budget. When you look at it, we're right at where we need to be for January 31st. So, we just see it going higher. I see $75 a barrel or higher, you know, so it's -- we're just running out of time. 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. Let's go to Item 15, if we might. Consider, discuss, and take appropriate action for final revision of plat for Block 8, Lots 5 through 9, Greenwood Forest Number 6, located in the Ingram ETJ and in Precinct 4. MR. ODOM: Yes, sir. At this time, we'd like to pass on this. We were waiting till the end of the week; they were to be at Ingram. They had to go to City Council to have that signed and have the mylar signed, and they do not have that. So, I'm sorry. We put it on there with -- hoping that that would come about, but it did not, so we wish to pass on _-i~>, ua 1 3 4 5 b 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 this until they get all the signature blocks that they need. JUDGE TINLEY: Very good. Let's move to Item 16; consider, discuss, and take appropriate action to set a public hearing for revision of plat for Lots 79 and 80 in Cypress Park, Section Two, located in Precinct 3. MR. ODOM: Yes, sir, This is -- this will be done on the alternate plat process, so at this time, all we need to do is set a public hearing. I suggest March 13th, 2006, at 10:15 a.m. for the public hearing. Basically, what they're doing is moving a lot line over. They're not increasing anything. COMMISSIONER NICHOLSON: Move to approve. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded to set a public hearing for the revision of plat for Lots 79 and 80 in Cypress Park, Section Two, for March 13th, '06, at 10:15 a.m. Any question or discussion on the motion? All in favor, 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. Item 17, consider, discuss, and take appropriate action Por the preliminary plat of Cypress Springs Estates, Phase 2, Section 2, located in Precinct 4. _~-oe 58 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 G2 23 24 25 MR. ODOM: Yes, sir. This is before you again. We had this, I think, about two weeks ago. This is basically the same concept. There are some minor changes from the last time that we spoke. There are now 71 lots instead of 75, and that is because of that relocation of the road that we talked about. As we discussed, this was approved in 2001. It's a master plan, so it hasn't changed. Mr. Morrow is asking Court approval on the following: That the preliminary plat approval as presented today under the December 11th, 2000 Subdivision Rules. The fees, we have that; last time the Court waived those fees, because he'd already paid them. As -- and that the drainage issues to comply with the upcoming rules. As far as drainage is concerned, he has three detention ponds and five structures designed in this preliminary plat, and that if Les -- Mr. Harvey should be here. I don't -- MR. HARVEY: Yes, sir. MR. ODOM: Les is here. If there's any question as far as drainage, we'll -- I would have Les to be here. But I do not see a problem. This is what we discussed. This is what's been trying to be put together, and I suggest that you accept the preliminary plat and let Mr. Morrow get on with the subdivision. COMMISSIONER NICHOLSON: Let me just say that the engineers and the owner and Len and the surveyor worked pretty hard on this, and there's been several meetings, and we know a _-i~ u~ 59 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 lot about this subdivision. I've got a real good feeling that the drainage issues are going to be taken care of in a first-class fashion, so I don't -- I'm supportive of this. There is a change. We'll have four fewer lots than was approved in the master plan, and that's usually a pretty good way to go. Fewer is better than more. So, I'm -- I'm supporting this, and I want to make a motion that we approve the preliminary plat of Cypress Springs Estates, Phase 2, Section 2, in Precinct 4, and set a public hearing for March 13th at 10:30 a.m. COMMISSIONER BALDWIN: Second. However... JUDGE TINLEY: I have a motion and second to approve the preliminary plat of Cypress Springs Estates, Phase 2, Section 2, located in Precinct 4, and set a public hearing on the same for March 13, '06, at -- 10 a.m.? COMMISSIONER BALDWIN: 10:30. JUDGE TINLEY: 10:30. COMMISSIONER NICHOLSON: Wait a minute. I must have the wrong date, Judge. MS. HARDIN: We don't need a public hearing. MR. ODOM: Don't need one. JUDGE TINLEY: Yes. That's why it's not included in the agenda item. And I'm not sure we can get there, anyway. COMMISSIONER NICHOLSON: What's the next step? COMMISSIONER BALDWIN: Just approving the -13 ah 60 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 preliminary plat. MR. ODOM: Preliminary, and then he's got a year from this time to -- COMMISSIONER NICHOLSON: Okay. MR. ODOM: -- get the construction done. MR. HARVEY: One year to present the final plat. MR. ODOM: That's right. JUDGE TINLEY: Do you want to delete the public hearing portion? COMMISSIONER NICHOLSON: Yes, delete the public hearing. I'm just trying to move it along, start building some houses in there. JUDGE TINLEY: Okay. We have a motion and a second to approve the preliminary plat of Cypress Springs Estates, Phase 2, Section 2, located in Precinct 4. Any question or discussion? COMMISSIONER WILLIAMS: Just one quick question. Commissioner, this is not in the proximity of that development where we had a lot of discussion from the Bumble Bee Hills people? COMMISSIONER NICHOLSON: It is close to that, and probably that prompted a little closer examination of drainage issues than it would normally get. But, again, I'm very confident that that's under control. COMMISSIONER WILLIAMS: Okay. _-ia u~ 51 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 NICHOLSON: I don't want to be hearing from Bumble Bee again. COMMISSIONER BALDWIN: Judge, I just wanted to make a comment. DODGE TINLEY: Yes, sir? COMMISSIONER BALDWIN: To the untrained eye, this may seem a little goofy, the way some of this verbiage is here, but we -- it appears that the preliminary plat approval today comes under the 2000 rules. COMMISSIONER NICHOLSON: Yes. COMMISSIONER BALDWIN: And then the drainage part of it will come under rules that we haven't even adopted yet. COMMISSIONER NICHOLSON: That's correct. DODGE TINLEY: But are in draft form. COMMISSIONER BALDWIN: That are in draft form. Well, I'm glad we're doing that, and that's fine with me, but that's -- that's almost goofy that we're doing that thing. We've got to get down the road and get these things adopted and concrete, and -- COMMISSIONER NICHOLSON: Developers would like for us to do that also, so they know where they stand. COMMISSIONER BALDWIN: It's almost -- to me, it's almost foolish that you adopt -- that you approve something under something that might happen, and may not happen. But -- COMMISSIONER WILLIAMS: Or could change before it -13-06 62 1 2 3 4 5 6 7 R 9 10 11 12 13 14 15 16 17 18 19 20 21 2 L 23 24 25 does happen. COMMISSIONER BALDWIN: Yeah, absolutely. But, anyway, I'm so proud of y'all, and happy for you too. JUDGE TINLEY: The one thing it does indicate that I think is -- is favorable to the Court is it indicates that the developers have confidence in the Court that we're going to do something that's appropriate and fair. COMMISSIONER BALDWIN: Wait a minute. Wait a minute. COMMISSIONER WILLIAMS: I see a yes and I see a no. (Laughter.) COMMISSIONER BALDWIN: Maybe we shouldn't have gone there. JUDGE TINLEY: I opened that one up, didn't I? COMMISSIONER WILLIAMS: Yes, you did. MR. ODOM: I'm sorry for the wording, if it confused you. But that's the way -- COMMISSIONER BALDWIN: I'm not confused. Believe me, I'm not confused about it. MR. ODOM: I just think, you know, lay it out on the table, "This is the way we're doing it," and we're taking the new rules and stepping forward. JUDGE TINLEY: Any other question or comments on the pending motion? A11 in favor of the motion, signify by raising your right hand. _ 1 3 u f, ~ _ _~ 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 L S (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Let us go back to Item 9, if we might. Consider and take action on nominations for the Board of Commissioners of Kerr County Emergency Services District Number 1. That was a timed item for 10:15. It's past that time now. Commissioner Nicholson? COMMISSIONER NICHOLSON: This is a -- a request to approve three nominations to serve on the ESD Number 1 Board. ESD Number 1 is largely Precinct 4, but it's Precinct 1 also, and their major focus, of course, is on working with the Ingram Volunteer Fire Department to provide fire protection for that part of west Kerr County. They do a terrific job, and the progress over the last two or three years is just -- just amazing. And these two entities, the ESD Number 1 and volunteer fire department, work very well together. So, I'm going to nominate for two-year terms reappointments of Commissioners Kenneth Wood and Donald Oehler, and for a new two-year term, Mrs. Jo Ann Varner. COMMISSIONER BALDWIN: I'll second that, if that's a motion. COMMISSIONER NICHOLSON: Yes. DODGE TINLEY: The motion is made and seconded for the appointment to two-year terms on the Kerr County Emergency 1., or, 64 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,~ 23 29 25 Services District Number 1 the following: Kenneth Wood, Donald Oehler, and Mrs. Jo Ann Varner. Any question or discussion on that motion? COMMISSIONER BALDWIN: I'll just make the comment that Ms. Varner's been there a lifetime, and a lady of integrity. She's a good, solid person, and I'm proud to vote for her. JUDGE TINLEY: Any other question or comment? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. That motion does carry. Let's move to Item 18, if we might. Consider, discuss, and take appropriate action to allow for South Texas Blood and Tissue Center to provide a blood drive for Brenda Guerrin. Ms. Hardin? MS. HARDIN: Good morning. As most of you know, Brenda is the wife of Dietert Guerrin, who is one of our employees. She's having stomach cancer surgery this morning. She's already had two blood transfusions, and South Texas Blood and Tissue Center was here on January the 26th, but we only had, like, a day's notice. We got five pints, but they need to -- she needs more, so we're asking the Court to allow us to park -- actually, Mrs. Rita Holberg -- Holmberg called me and asked me if we would like to do it again, and requested that it be done on the courthouse square. So, we would like -i~-uh 65 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 permission from the Court to park the unit on the courthouse square March the 17th from 10 a.m. to 2 p.m. We ask that we be allowed to put some flyers out, and that you participate in any way you can. And I talked to Glenn Holekamp, and he suggested that we park the unit on the Sidney Baker/Main Street corner at an angle for that day. COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Any question or discussion? COMMISSIONER BALDWIN: Talking about the flyers, now, are these flyers that we're going to hand out to all the County employees asking them to participate? Or -- MS. HARDIN: I e-mailed -- COMMISSIONER BALDWIN: -- going around town? MS. HARDIN: I e-mailed some. I would like to post them in a couple places in the courthouse. Camp Verde Store is the company that she works for. We would post some there. COMMISSIONER BALDWIN: I see. MS. HARDIN: I was going to ask the credit union and some of the places of business that these people -- Dietert's going to give me a list. COMMISSIONER BALDWIN: Okay. MS. HARDIN: And she is in surgery today, this morning. _-i~-ob 66 1 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 ~0 21 ~2 23 24 25 DODGE TINLEY: The -- the blood unit would not be exclusively for the purpose of -- of accepting donations solely for that purpose. Anybody could give blood, but those that -- that want to designate it to bank it for this individual would be able to do that, but anyone could give blood. MS. HARDIN: I believe that's the case, as that was for the 26th. And we just made a little flyer like this, and the people who went just took it with them. And she got my name and asked me if we would do it again. COMMISSIONER BALDWIN: Truby, as I understand it now, Ms. Guerrin that's in surgery this morning, her husband is one of our employees. MS. HARDIN: Yes, he is. COMMISSIONER BALDWIN: Road and Bridge employees that is having cancer problems himself. MS. HARDIN: That's correct. He's had surgery and is being treated, too. COMMISSIONER BALDWIN: And now his wife is having some serious problems. Not to say that his wasn't serious, but hers is really serious. MS. HARDIN: That's correct. COMMISSIONER BALDWIN: And I just think that we need to do everything that we can, because this is our family here, a family member. And I would call on all of our employees and _ i~~ ~~F 67 1 G 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 everybody within hearing distance, including the Kerrville Daily Times, -- MS. HARDIN: Thank you. COMMISSIONER BALDWIN: -- to see what they can do to help these people out. They're County employees. JUDGE TINLEY: The -- even though the -- the collection of the blood might be after the fact, they can retroactively bank that blood to her account? MS. HARDIN: That's correct. I asked them that, and they said that would be -- that they could do that. They can -- for the transfusion she's already had, they will go back and contact the hospital at which it was done. JUDGE TINLEY: You had a question or comment? MR. EMERSON: I was just going to say I'd be happy to contribute, but so long as the caveat's there that we're not expending County assets for the benefit of any particular individual. We're not allowed to statutorily do it. JUDGE TINLEY: Yeah. MR. EMERSON: So, if you need somebody to pay for copies or something, call me. I'll donate. MS. HARDIN: Okay. All right, thank you. But it's okay to send it over the Internet, right? MR. EMERSON: What part of the Internet falls in -- JUDGE TINLEY: The motion before the Court is to allow the South Texas Blood and Tissue Center to place the i~ oe 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 2] 2~ 2: 2~ L~ unit here on the courthouse property at that particular time indicated. MS. HARDIN: Thank you. ,7UDGE TINLEY: Any further question or comment on the motion? All in favor, 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 19. Consider, discuss, and take appropriate action to correct public hearing date on Court Order Number 29531 for March the 6th to March 13th, 2006. MS. HARDIN: I apologize for having to bring this back. And in a senior moment, I looked at the calendar incorrectly, and y'a11 are not having court on March the 6th, so I would ask that it be done on March the 13th. COMMISSIONER NICHOLSON: Move to approve. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. 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. Let's move tc 13-06 1 2 3 4 5 6 7 8 Q 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 29 25 69 Item 20, if we might. Approve the resolution for application for Victims of Crime Act Grant for 2006-2007 grant year, that grant year being from July 1, 2006, through June 30th, 2007, to fund the Crime Victims Rights Coordinator program. Ms. Lavender is unable to be with us here today; she had a death in -- in her family, and it was necessary for her to be away. Mr. Emerson, you -- did you want to say anything about that? MR. EMERSON: I was just going to throw in that she isn't here because her husband's brother passed away, and this is a continuation of the same grant that the Court has currently funded, which I don't have the numbers in front of me, because they're in Rosa's care, but the stats that she's produced in that position are significantly above what was initially furnished to the grant program, so it has been very successfully implemented. JUDGE TINLEY: And the net cost to Kerr County in cash or in in-kind is essentially the same as -- MR. EMERSON: That's my understanding. JUDGE TINLEY: -- as what it was? MR. EMERSON: Yes, sir. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval -i3-oti 70 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 for application to the Victims of Crime Act Grant for 2006-007 as indicated in the agenda item. 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: That motion does carry. Let's see if we can get 21 out of the way right quick. Consider, discuss, and take appropriate action on a request from Karl Buehler to use Flat Rock Lake Park Easter weekend, April 15th and 16th, for the annual Easter Fest. Commissioner Williams? COMMISSIONER WILLIAMS: Karl, you want to tell us about this year? MR. BUCHLER: Well, the Easter egg's ready to lay the golden egg again. Last year, we had several hundred kids that come out to participate. We had a good time. It's growing every year. We're having more vendors and more participation in the chili and -- and barbecue cook-off. Last year we held the first annual world championship venison cook-off, and we had about 30 cooks in that event, so this year we're expecting more. We raised several thousand dollars last year to give to the Ladies Crisis Center here in Kerrville. This year, the benefactor will go to the Kerrville Elks Lodge for their scholarship fund. And the Kerrville Elks _-, -oE, 71 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 Lodge doesn't only give the money to Kerrville itself; it's in Kerr County. We gave some scholarships last year to Center Point and Hunt, and it did -- it goes throughout the county, not just Kerrville. But we would like to use the park again this year. We will have to come in on Thursday -- Wednesday to start getting ready for the vendor spots and putting up the tents, and Thursday people will start showing up a little bit, and then Friday we'll have the -- the cooks' party, and Saturday will be the cook-off. COMMISSIONER WILLIAMS: Let me see if I have the dates correct, Karl. We need to have the dates correct. MR. BUCHLER: April the 15th, excuse me, will be -- the actual day of the cook-off is Saturday, April the 15th. COMMISSIONER WILLIAMS: Okay. MR. BUCHLER: But we will start preparing on the 13th, and then the 14th we'll start actually -- people will start showing up. COMMISSIONER WILLIAMS: So, we should be -- you should be looking for approval from the 13th to the 15th; is that correct? MR. BUCHLER: Yes, sir. And -- yes, sir. COMMISSIONER BALDWIN: Karl, how many years will this make, if we get this approved? MR. BUCHLER: I think I asked to move it to Flat Rock Lake -- I think it was, like, five or six years ago. 72 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2z 23 24 25 COMMISSIONER WILLIAMS: I think so. MR. BUCHLER: And prior to that, they was having it at the Schreiner College, and prior to that they was having it at Louise Hays Park, and so it's been around for quite a while. COMMISSIONER BALDWIN: You're doing well. Now, how much of the park do you -- do you take up? How much actual space? MR. BUCHLER: We actually use most of it, yes, sir. COMMISSIONER BALDWIN: Most of it? MR. BUCHLER: Yes, sir. COMMISSIONER BALDWIN: So, if we -- this is just a comment to the Court. If we were to designate a quarter or a half of that park as a dog park, then these kind of functions and the grants and -- I mean the -- the moneys that they pass down through the community would be stymied, wouldn't it? COMMISSIONER WILLIAMS: Would be impaired. COMMISSIONER BALDWIN: Impaired. COMMISSIONER WILLIAMS: Significantly impaired. I agree with your question. COMMISSIONER BALDWIN: I just wanted to throw that out, 'cause that's an issue that's kind of looming out there. COMMISSIONER WILLIAMS: It is. COMMISSIONER BALDWIN: So, I like what you're doing. That's cool. is-~,~6 73 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 MR. BUCHLER: Yeah, it's -- COMMISSIONER BALDWIN: I wish we were invited to it sometime. MR. BUCHLER: One of the reasons -- I would like to invite y'all, the members of the Court, to come down and be judges for the contest. You'll eat -- COMMISSIONER WILLIAMS: Can't eat anything? MR. BUCHLER: You'll get some very good barbecue and some very good chili, I'm telling you. COMMISSIONER BALDWIN: What do you think, Rex? Do you want to go? MR. EMERSON: Absolutely. COMMISSIONER WILLIAMS: I move approval -- MR. BUCHLER: We have -- we have -- every year, we'll have two or three participants that's in the -- the chili cooking contest that's been winners of the Terlingua Championship out in Terlingua. They're there; they actually come to this cook-off. COMMISSIONER WILLIAMS: I move approval of the request by Mr. Buehler for use of Flat Rock Lake Park for their annual Easter weekend, dates to be April 13th through 15th, period. JUDGE TINLEY: 13th through 15th? 13 through 15; is that correct? MR. BUCHLER: Yes, sir. - 1 3 U F 79 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER WILLIAMS: 'Cause Easter Sunday's the 16th, and you're finished. You're not there on Easter Sunday. MR. BUCHLER: No, we'll be out. JUDGE TINLEY: Okay. COMMISSIONER NICHOLSON: I second that. JUDGE TINLEY: Motion made and seconded for approval of the agenda item for April 13 through 15. Any question or comment 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: That motion does carry. MR. BUCHLER: Thank y'all very much. JUDGE TINLEY: Thank you, sir. Why don't we take about a 15-minute recess. (Recess taken from 10:32 a.m. to 10:50 a.m.) JUDGE TINLEY: Okay, let's come back to order, if we might. For those of you that have an interest in the mining and related issues, we'll be taking those up after lunch. We're going to try and finish the other portions of the agenda, including the reports from departments that we'd originally scheduled for 2 o'clock, and the approval and information agenda prior to lunch, so that we can devote our _ i~ nE, 7s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L 1 22 23 24 25 time after lunch to those items. COMMISSIONER NICHOLSON: Judge, do the departments know we're moving them up? JUDGE TINLEY: I have notified -- I've left messages with all of them. I see at least one of them here. I talked with another one a little bit ago. Two others, I left messages with that I hope to start with them at some time a little bit after 11:00. COMMISSIONER NICHOLSON: Good. JUDGE TINLEY: So that's why Ms. Harris is here. But right now, let's go to Item Number 27, if we might. It would appear to be the next item. Consider, discuss, and take appropriate action to accept sub-award under Homeland Security Grant Program, authorize County Judge to sign acceptance and other documents in connection with that sub-award. I'm sure you've noticed the Homeland Security award out of the Governor's Office of Emergency Management is considerably down this year; in this particular instance, 550 bucks, roughly. But we've got to do all this paperwork in order to get those funds. COMMISSIONER BALDWIN: Judge, I move that we accept the sub-award under the Homeland Security grant program, and authorize the County Judge to sign the acceptance. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval _-19-ui ~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 of the agenda item as indir_ated. 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: That motion does carry. Let's move to Item 28, if we might. Consider, discuss, and take appropriate action to accept the Indigent Defense Grant award and authorize the County Judge to sign same. Very similar type situation. The good news is, the money's a little 'a it greater, about a little over 29,000, based on the form of the grant as awarded out of the Task Force on Indigent Defense. Bad news is, it's not going to come close to covering our total indigent defense cost. But -- COMMISSIONER WILLIAMS: Any idea of what that is, Judge? What the cost will be, total cost? JUDGE TINLEY: I don't have my budget with me, and it's contained in at least three different budgets to be totaled up, but my recollection is somewhere in the neighborhood of $300,000. COMMISSIONER WILLIAMS: This does not include -- that 300, Judge, that doesn't include that most recent mandate that we take care of indigents who are involved in child protective cases? _ i 3 - ~ 6 77 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 JUDGE TINLEY: No. No, it does not include that. The C.P.S. cases where parents whose rights are going to be affected by the -- just the removal, albeit even temporary, of a child from the home, and the requirement that a lawyer be appointed to represent the interests of those parents who are indigent, no, it does not include that. That's a whole separate -- a whole separate item that came down the pike this year. COMMISSIONER WILLIAMS: Mm-hmm. Move acceptance. COMMISSIONER NICHOLSON: Are these funds collected by court costs or fees? Where's the money come from? JUDGE TINLEY: I'm sure there's a combination of sources and economics, Commissioner. I'm -- I don't have the enact information for you. I know it's a combination of sources. Some of it's federal, and I'm sure some of it's state. It's administered through the task force that's presided over by the Court of Criminal Appeals' presiding judge. COMMISSIONER BALDWIN: You mean these grants, or the rest of it? COMMISSIONER NICHOLSON: Grants come from the state. Where do they qet the money? Is that general funds? Court fees? Or -- COMMISSIONER BALDWIN: That's probably federal money that's just flowing through, I would think. _-1,-nF 78 1 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: A lot of it. A lot of those grants are. COMMISSIONER BALDWIN: Like a block grant type thing. But -- COMMISSIONER WILLIAMS: I think that's correct. COMMISSIONER NICHOLSON: I do notice that we have to -- if we're going to get this money, we'll have to submit an expenditure report by May 1, so somebody needs to stay on top of that and make sure it doesn't fall between the cracks. JUDGE TINLEY: The Auditor's office has -- has handled that, and we've always handled it in a timely manner, at least insofar as I'm aware. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: We have a motion and a second to approve the agenda item to accept the Indigent Defense grant award and authorize the Judge to sign same. Any question or discussion? All in favor, 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, Number 29, is to consider, discuss, and approve the submittal of an AACOG grant application for equipment for the Environmental Health Department. Is Mr. Arreola here? MR. NORTH: He had to be out of town today, Your _-i+ 06 79 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Honor. Tish is supposed to be here to make the presentation. JUDGE TINLEY: Pardon? MR. NORTH: Tish is supposed to be here to ask to apply for that, because we're just asking for permission to apply for the grant. COMMISSIONER WILLIAMS: Is this Solid Waste -- for Solid Waste only, or -- MR. NORTH: No, it's for Environmental Health. Environmental Health Department, the grant. COMMISSIONER WILLIAMS: For what purpose? MR. NORTH: Sir? COMMISSIONER WILLIAMS: Solid Waste, or for other environmental -- MR. NORTH: Mostly for Solid Waste. I believe some surveillance equipment. JUDGE TINLEY: That's my recollection. COMMISSIONER NICHOLSON: Sergeant, this would be surveillance equipment? MR. NORTH: Yes, sir, I believe. That's my understanding. Miguel's handling the grant. I'm really a little fish in a big pond here. I'm not real familiar with what he's doinq. COMMISSIONER NICHOLSON: Yeah, but you've got a lot of law enforcement experience. Is this an effective way to go about enforcing the law? _-13-05 80 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 L2 23 24 25 MR. NORTH: There are some places in the county we just can't cover as much as we'd like to. For instance, Madrona Road, up in there, that's a real bad site. We'd like to set up some kind of surveillance on that, at least get some tag numbers. And with the equipment we have now, it's just not working. Something wrong with it; it's not doing the job. Not getting the job done. And this money's available for us, so we thought we'd try to apply for one. COMMISSIONER WILLIAMS: I don't have any problem with it. I'll move approval of it. COMMISSIONER BALDWIN: I'll second it. JUDGE TINLEY: Motion made and seconded for approval of the agenda item, to approve the submittal of an AACOG grant application for equipment for the Environmental Health Department. Any question or discussion? COMMISSIONER BALDWIN: I think -- I think, as far as Commissioner 4 is probably concerned, we're not going to spend a lot of money and have three or four of you guys lay out in the brush for three or four days waiting for somebody to throw a beer can out on the side of the road. MR. NORTH: That doesn't happen. No, that's not it. COMMISSIONER BALDWIN: All right. JUDGE TINLEY: I think -- I think. Mr. North can verify that's not going to happen. COMMISSIONER BALDWIN: That's not going to happen, _ 1 3 - u h 81 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 or at least not him. COMMISSIONER NICHOLSON: Just the general idea of surveillance of citizens bothers me. COMMISSIONER BALDWIN: Yeah, me too. COMMISSIONER WILLIAMS: Well, we had some equipment, as you may recall. For reasons I don't know, it never functioned properly. We got it through an AACOG grant. MR. NORTH: We still have that; it's just not working properly, Commissioner. JUDGE TINLEY: Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Let's move to Item 30, consideration and possible action to authorize the County to finance the acquisition of computer hardware and software from The Software Group, a division of Tyler Technologies, Incorporated, by either entering into a financing lease with Bank of America Leasing and Capital, L.L.C., or issuing maintenance tax notes to be purchased by Frost Bank or another financial institution, and to approve and authorize the execution of all documents related to either financing. I can give you a little bit narrower description. -13-~ih 82 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 The financial adviser to the County, Mr. Bob Henderson, and his staff have negotiated what they think is the best deal. This involves the -- the computer upgrades, software and hardware, that were approved by the Court to go into this budget year, begin installation this budget year. And the best deal they've negotiated is through Bank of America under a lease arrangement. The interest factor on the equipment, the amount is $1,030,000 with an interest rate of 4.015 percent. COMMISSIONER WILLIAMS: What was that again? DODGE TINLEY: 4.015 percent, and that's based on a five-year -- five-year payout. We have been furnished formats of documents that are required by Bank of America typically in connection with these types of transactions, albeit we do not have the specific documents that are -- that would be called upon for us to approve and execute. But the format of the documents for the type of transaction that Bank of America requires in these situations, we got belatedly this morning. And I think -- I think everybody was provided with a copy of those just shortly before the meeting. COMMISSIONER NICHOLSON: Judge, this is a proposal that's either/or? Financing lease or maintenance tax notes? DODGE TINLEY: At the time the agenda item was prepared and posted, we didn't know which way it was going to go, and the two apparent finalists were Bank of America and 3 13-Uh 83 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 Frost Bank, Bank of America on a lease transaction, Frost Bank in another type of transaction. And since the posting occurred, the best deal that our financial adviser's been able to cut for us was with the Bank of America transaction, which is the one I indicated to you. COMMISSIONER NICHOLSON: How are tax notes different than certificates of obligation? JUDGE TINLEY: I don't think there's any essential difference. You're -- they -- they're tantamount to being general obligations. COMMISSIONER WILLIAMS: Isn't that the difference? A tax anticipation note is one that -- where you might have to increase the taxes that are -- or anticipate the taxes to pay it. The other is a certificate of obligation; the funds are already there. Isn't that kind of how it boils down? Revenue you already have? JUDGE TINLEY: I -- I don't have a clear answer to that. It -- they're essentially both general obligations of the County. COMMISSIONER NICHOLSON: Certificates of obligation are a lot easier to do than -- than bonds or some other sorts. Is there a limit on the amount of money you could raise under a certificate or payback period or -- JUDGE TINLEY: My -- my understanding -- what you're speaking of are -- are bonded indebtedness and certificate of =-i~~ ut, s9 1 2 3 4 5 6 7 8 A 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 obligations, I think. Bonded indebtedness is -- is a matter that's submitted to the voters. Certificates of obligation are typically not submitted to the voters, but there's a provision in the law that in the event the C.O.'s exceed a certain amount, the -- the voters can petition for a referendum on certificates of obligation. COMMISSIONER NICHOLSON: That's helpful. Thank you. JUDGE TINLEY: Yeah. COMMISSIONER WILLIAMS: Judge, when would the amortization begin on this? JUDGE TINLEY: They would actually begin in the next coming budget year. COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: And we had anticipated that when we were talking about it during our last budget year and authorizing the computer upgrade. COMMISSIONER WILLIAMS: I thought so. I just wantec to hear you say it again. JUDGE TINLEY: Mm-hmm. COMMISSIONER BALDWIN: Well, the -- the documents from the lawyer arriving minutes before the Commissioners Court meeting is nothing new. That's a pretty regular business for them, and there is no way that I would -- I mean, there's no way I can approve doing this thing just going on the -- look -- looking at the cover sheet here. So, I guess -13-06 __~ 85 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 we can approve it contingent on the County Attorney going through this document and making sure that everything is in line. JUDGE TINLEY: That's actually the actual documents submitted in connection with our transaction, I would think. COMMISSIONER BALDWIN: Excuse me? JUDGE TINLEY: The actual documents relative to our transaction, rather than the -- just the general format documents. COMMISSIONER BALDWIN: Correct. JUDGE TINLEY: Yeah. COMMISSIONER BALDWIN: Just whatever that -- that we have to deal with. JUDGE TINLEY: Yeah. COMMISSIONER BALDWIN: And -- and based on his approval, then -- then the agenda item is approved. COMMISSIONER WILLIAMS: Well, I agree with the Commissioner, and -- but I want to ask a question, because part of this is -- is typical boilerplate, right? And the front three or four pages is the certificate for order, which effectively is the Court's resolution authorizing this. JUDGE TINLEY: Mm-hmm. COMMISSIONER WILLIAMS: Are we -- are we -- has the County Attorney reviewed that? Are we okay on this? JUDGE TINLEY: The County Attorney has not reviewed _-i~ ~~F 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the documents before you. COMMISSIONER BALDWIN: He got it the same time we did. JUDGE TINLEY: Yeah, he just got them early this morning, shortly before the meeting, like we did. I don't think he had any prior -- prior look. MR. EMERSON: That's correct. JUDGE TINLEY: The other option, of course, would be to put it on the -- on the next court agenda and have the documents before us. County Attorney would have had an opportunity to review them then, and -- and -- COMMISSIONER BALDWIN: I like that a lot better. JUDGE TINLEY: Yeah, that might be better. COMMISSIONER BALDWIN: Mm-hmm. COMMISSIONER WILLIAMS: I agree. I like that better, too. 'Cause we're not under any real time constraint here, are we? JUDGE TINLEY: None that I'm aware of, and nothing indicated by the lawyers. COMMISSIONER BALDWIN: Oh, okay. JUDGE TINLEY: I think part of the difficulty was that we -- we -- apparently, the deal on the -- on the lease financing with Bank of America only was nailed down late Friday, so that's what would cause the delay in getting the type of format documents. So, we can defer that until the -is-~~h 87 1 2 3 4 5 5 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 next -- okay. COMMISSIONER WILLIAMS: Judge, I see Ms. Hulett just came in. Can we just get a minute's explanation from her as to exactly what it is the AACOG grant is all about? JUDGE TINLEY: Surely. Ms. Hulett? MS. HULETT: Yes? JUDGE TINLEY: The -- Item 29; consider, discuss, and approve the submittal of an AACOG grant application for equipment for the Environmental Health Department. MS. HULETT: Yes, sir? JUDGE TINLEY: The question that the -- some of the members of the Court had is, what is the purpose of this equipment? Solid Waste? O.S.S.F.? What's the basic purpose of the grant and the type of equipment? MS. HULETT: It is for Solid Waste, for surveillance purposes. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: We're just asking for a specific amount. Do we know exactly what we want to purchase or what? MS. HULETT: Yes, and all that will be in the grant. I believe y'all have a copy of that? I'm not sure. COMMISSIONER BALDWIN: You got it separately a few days ago. COMMISSIONER WILLIAMS: Okay. It's not in the _-is-or 88 1 2 3 4 5 5 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 packet, but we got it. COMMISSIONER BALDWIN: Right. MS. HULETT: Okay. And it is detailed in the proposal. That was -- will be submitted with the application for the actual surveillance equipment. COMMISSIONER WILLIAMS: Okay, thank you. JUDGE TINLEY: Any other questions for Ms. Hulett? Thank you, ma'am. Appreciate you being here. MS. HULETT: Okay. COMMISSIONER BALDWIN: Judge, what happened to Items 1.14? COMMISSIONER WILLIAMS: 11 o'clock item. COMMISSIONER BALDWIN: Just waiting for him? He's still on? JUDGE TINLEY: I don't see him. I don't see him yet. COMMISSIONER BALDWIN: All right. JUDGE TINLEY: Let's move, if we might, to our reports from the departments that were originally scheduled for 2 o'clock. Ms. Roman, Animal Control. MS. ROMAN: Good morning. JUDGE TINLEY: Good morning. MS. ROMAN: I just basir_ally want to report on the expansion. Everything's going as planned. The forms are up for the kennels and everything's on schedule, on time. It -- -is-oe 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 according to the gentleman that donated the funds for -- for the facility, the grand opening should be in mid-April, so everything's pretty much on track. And everything in the facility is going well. Some of the -- the problems that we had in Center Point have all been solved, and everything's going well. COMMISSIONER WILLIAMS: You get that bad dog eating that man's sheep? MS. ROMAN: Pardon me? COMMISSIONER WILLIAMS: Did you catch that bad dog that was eating that man's sheep? MS. ROMAN: No -- yes. Yes, that dog was picked up. So -- COMMISSIONER WILLIAMS: How many new runs are being built? MS. ROMAN: We have a total of 24. COMMISSIONER WILLIAMS: New? MS. ROMAN: Yes, 24 new runs. And everything's pretty much on schedule and on track. JUDGE TINLEY: Any questions for Ms. Roman? COMMISSIONER NICHOLSON: Janie, I need to visit with you for about 15, 20 minutes sometime today. MS. ROMAN: Okay. COMMISSIONER NICHOLSON: Is lunchtime a good time? MS. ROMAN: That's fine. _ i3-n.+. i L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 90 COMMISSIONER NICHOLSON; We'll probably quit here around noon, so if you could be here. MS. ROMAN: Sure, that's fine. I can be here. Y'all have any questions? COMMISSIONER NICHOLSON: I don't. It's a good facility. It's -- it's well designed. MS. ROMAN: It's very well designed. COMMISSIONER NICHOLSON: Easy to maintain and everything about it is good, sc we're very fortunate to have it. MS. ROMAN: We're very excited. Very excited. DODGE TINLEY: Our benefactor, S understand, has, in the interim, agreed to underwrite some additional things that weren't in the original plan, too. Is that not correct? MS. ROMAN: Yes, we're going to have -- he's going to add a sidewalk all the way around, and there will be a chain ]ink fence with barbed wire on top all the way around the new area. And the reason that he's putting -- that he's adding that sidewalk around the perimeter of it is so that we -- we will have room for expansion in the future, and we can use that walk between the -- the buildings. So, that was -- that was great, that he's willing to do that. So -- JIIDGE TINLEY: Okay. MS, ROMAN: Any other questions? DODGE TINLEY: Thank you. -13-uc 91 1 2 3 9 5 6 7 8 9 10 11 12 13 74 15 16 17 18 19 20 2I L~ 23 24 25 COMMISSIONER BALDWIN: Thank you. COMMISSIONER WILLIAMS: Thank you, Janie. MS. ROMAN: Thank you. COMMISSIONER NICHOLSON: And the other comment is we'll have some data together for you about our activity fairly soon. MS. ROMAN: Yes. COMMISSIONER NICHOLSON: And the good news is, it's going to show that euthanasias are down. And you have to sort of speculate as to what causes that, but hopefully the cause is education; that people are taking better care of their pets and spaying and neutering and that sort of thing. So, that's a win-win. We don't -- we don't like to have to put those animals down, and -- and our constituents don't like to hear about it. MS. ROMAN: Well, and like I've said, we're working a lot closer with some of these other organizations, like the Humane Society, different breed rescues and such, so our euthanasias are definitely down. Our adoption rate is a lot higher, and so are our reclaims, so we're obviously doing -- doing something right. And we're working on a few other changes, and we'll get back with you on -- on that. Okay? COMMISSIONER WILLIAMS: Thank you. MS. ROMAN: Thank you. JUDGE TICSLEY: Let me move back to Item 19, if I _-1~-0~~ 92 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 25 might, which was an 11 o'clock timed item. Mr. Larry Boccaccio is with us here today. He's from Texas Association of Counties, and Mr. Boccaccio was very helpful to us in -- in our safety program and our -- our insurance filings and a number of other related areas. And Mr. Boccaccio indicated to me here a week or so ago that, by virtue of our safety program, that he had an award that he wanted to present to us from Texas Association of Counties, so I'll turn it over to you, Mr. Boccaccio. MR. BOCCACCIO: Thank you, Judge. Good morning, all. COMMISSIONER WILLIAMS: Morning. MR.. BOCCACCIO: For those of you that don't know me, my name is Larry Boccaccio. I'm one of four safety field reps that Ter.as Association of Counties has, and my territory is basically west Texas and southwest Texas, so I kind of slowed down in the road today as I'm heading west. So, I did want to bring this safety award. It was actually earned in 2004, and presented last year at the County Management Institute 2005 in Austin. What -- what we did, and the Judge was instrumental in this, was getting the -- the then Texas Workers Compensation Commission kind of off our backs. There had been several injuries, and at that point in time, the State kind of stepped in and said, "You need to do this, you need to do that." So, we got things rolling. We got a safety committee. _-13 -~~ 6 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~4 25 The education was -- was wonderful, from not only Road and Bridge, but the courthouse as well. It's something that has definitely helped your worker's comp premium, and anytime that you can save money off of that, it just goes to all the other issues that you've got funding things with. So, I brought it along, and it's -- it says basically, "County Safety Award presented to Kerr County in recognition of its ongoing record of safety in the workplace, 2004, Ter>as Association of Counties, Worker's Compensation Self-Insurance Fund." (Applause.) MR. BOCCACCIO: Very good. COMMISSIONER BALDWIN: Is there -- any cash come along with that? JUDGE TINLEY: $18,000 credit against our worker's comp premium. MR. BOCCACCIO: That's true. COMMISSIONER BALDWIN: Good. MR. BOCCACCIO: I forgot to mention that that -- at that point in time, that was 10 percent of your worker's comp premium for that year. So -- COMMISSIONER BALDWIN: Super. MR. BOCCACCIO: So -- yeah. And it's -- I tell you what, it's paying dividends to this day. And I missed Cindy Nix for helping with it, but it's still going on. We've got a few things to massage and tweak a little bit, but we'll keep _-13-Ub 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 94 it going. COMMISSIONER. WILLIAMS: That's for the year '04? MR. BUCCACCIO: '04. COMMISSIONER WILLIAMS: Have you done any -- have you done a review of Kerr County for 'OS? MR. BOCCACCIO: You Y.now, I haven't done that yet. Our County Management Institute, that is in May of this year, first week of May, and I'm going to be Looking at figures probably early March, 'cause I'm the one that's actually -- I've been dedicated to the safety -- as the safety person this year responsible to, you know, qet all the data together and get ~t to the folks down in education for publishing. But I'll be glad to share that data with you as soon as I sit down and actually look at it, 'cause this is -- we've -- we switched third-party administrators. J.I. Systems came in last year, and up until about two months ago, the two computer systems didn't like each other. I mean, they -- they had their data; we had our data. And I'm not a computer guru, by any means, but the bottom line is they wouldn't talk to each other. So, now we're able to get live data that -- that J.I.'s inputting on a daily basis, and -- and it helps the safety reps and you folks as to what's going on with claims and losses and things like that. So, it's -- it's going to only get better from here on out. COMMISSIONER BALDWIN: Super. -1';-uh 95 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. BOCCACCIO: And I don't know -- did y'al1 want to do a photo shoot or anything? JUDGE TINLEY: We haven't got a camera. COMMISSIONER BALDWIN: I don't think there's -- a camera's not in the building. COMMISSIONER WILLIAMS: A member of the press is here without a camera? MS. ARNOLD: Being used elsewhere. SHERIFF HIERHOLZER: They're on a budget. MR. BOCCACCIO: Okay. ,7UDGE TINLEY: Mr. Boccaccio, we appreciate you being here today. COMMISSIONER NICHOLSON: Thank you. MR. BOCCACCIO: You're more than welcome. I'll let y'all pass that around. JUDGE TINLEY: The -- the number of on-the-job injuries and the -- the amount of worker's comp awards and -- and payout requirements have significantly reduced since we started this program. MR. BOCCACCIO: I bet it has. JUDGE TINLEY: It's an ongoing savings to us, because, as we all know, worker's comp is essentially a retroactive charge, and, you know, it's a "pay me now or pay me later" situation, but you end up paying. So, everything we can do to improve safety with our employees is -- is going to _-13-uo 96 1 3 9 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be of benefit to them and to us, so .it's a win-win deal. MR. BOCCACCIO: That's true. Thank you, Judge. JUDGE TINLEY: We thank you for being here. MR. BOCCACCIO: Okay. COMMISSIONER WILLIAMS: Thank you, Larry. JUDGE TINLEY: Let's go back, if we might, to the report from department heads. I gave a note to the Extension Office. Surely they've received it by now. I put it on their voicemail. Juvenile Detention. Ms. Harris, I note that you're here. COMMISSIONER NICHOLSON: Did you catch your rabbit? MS. HARRIS: Yes, sir. COMMISSIONER NICHOLSON: Good. MS. HARRIS: He has been snared, yes. SHERIFF HIERHOLZER: A fine young man, I might add, too. COMMISSIONER NICHOLSON: You know him well, huh? SHERIFF HIERHOLZER: Oh, we do now. COMMISSIONER WILLIAMS: Where was the rabbit? SHERIFF HIERHOLZER: In Ingram. MS. HARRIS: Good morning, by the way. I'll qo over the report that I sent y'all the other day. Average populatLon for January was 32, and that's~5 post and 7 pres. We had seven discharges. Those discharges, five of them were successful graduations, completions of the program. There was _-13-05 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E 17 18 19 20 21 22 23 24 25 97 one administrative release on one juvenile. There was a -- a death in his immediate family, and his probation officer let him qo home. And the other one was an unsuccessful discharge. Intakes, we had one intake in January. And I think, if you recall, we had talked about this numerous times, that you normally sae a decrease in referrals and placements towards the end of January -- end of December, January, and sometimes it bleeds into February. Sometimes it does, sometimes it doesn't. Pending intakes, we had three E1 Paso, one Guadalupe, one in Kerr County, and we have all three of those now. They've all come in. We have all three of those intakes now. JUDGE TINLEY: These are long-term? MS. HARRIS: Yes, these are long-term. JUDGE TINLEY: Okay. MS. HARRIS: These are long-term post kids. COMMISSIONER WILLIAMS: So that puts your population at 35? MS. HARRIS: No, sir. When I made this report, we had not gotten those three intakes. We now have those three intakes for the month of February. When I do my February report, then they will show up on my February report. COMMISSIONER WILLIAMS: That's kind of what I'm asking. MS. HARRIS: No, I'm sorry. _-13-u6 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ L L ~3 24 25 COMMISSIONER WILLIAMS: Your Census today is 35? MS. HARRIS: My census today is 31. My census today is 31, because of the pre's coming and going. COMMISSIONER WILLIAMS: Got you. MS. HARRIS: Okay. Our revenue for January is $92,436, which is a decrease of $24,144 for December. Expenditures was $142,615.94, which is a decrease of $10,160.67. We have reduced our romp time another 368.8 hours, so to-date, we have decreased that comp time right at 1,000 hours since December the 10th. So, the people -- staff are taking -- taking their comp time, so we can get that comp time reduced. DODGE TINLEY: Based upon the rate at which that comp time is being reduced, you should easily have that rolled off by June 30? MS. HARRIS: "Yes, sir. Yes, sir. I just discussed the first paragraph in the report as to reasons for what I think -- reasons for our drop in referrals. The Austin News -- COMMISSIONER BALDWIN: Before you go there, let's -- MS. HARRIS: Sure. COMMISSIONER BALDWIN: -- let's go back. I've got a couple questions about your first paragraph here. MS. HARRIS: Sure. COMMISSIONER BALDWIN: You talk about the reasons for the drop in referrals and the conference in Austin and all -ld-Oh 99 1 2 3 4 5 E 7 8 9 10 11 12 13 19 15 16 17 18 19 zo 21 22 23 24 25 those things, but that last part -- MS. HARRIS: Mm-hmm. COMMISSIONER BALDWIN: -- I'm going to read your last sentence -- or last two sentences. MS. HARRIS: Sure. COMMISSIONER BALDWIN: "Another factor that is impacting the referrals at the facility is the political rhetoric circulating the county. Rumors and gossip reach counties that contract with the facility and, once again, counties call the facility inquiring upon the stability of the facility." I don't -- I wouldn't -- would be hesitant putting a sentence like that in my report. But rumors and gossip, I'd have to share with you that I heard a rumor and some gossip the other day. A lady told me on the street that -- and I know this is not true, but 7 wanted to pass it along to you -- that we had a juvenile actually escape from our facility. And I know that if that were true, that I would be -- as a Commissioner, I would be notified that we had actually had an escape, that citizens that I represent possibly could be -- lives and property be put in danger. That if we had an escape, much like we did in the adult facility almost a couple of years ago, the Sheriff immediately called me and let me know. But -- so I know that that's not true, and I know that's a rumor and a gossip floating around that -- that we had an escape, 'cause I hadn't been notified by anybody about .~ ae, 100 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 ~5 that. And I just -- I know rumors and gossip do float around, and I just experienced it with that -- with that one issue. But could you tell me what rumors and gossip -- gossip you're referring to here? MS. HARRIS: Remarks being made that the facility would be possibly closed depending on who gets elected and who doesn't get elected. COMMISSIONER BALDWIN: Well, there's always a possibility of the facility closing. I mean, you disagree with that? MS. HARRIS: I disagree with how the comments are being made. And I don't hold much store into gossip and rumor either, just like you don't hold much score into gossip or rumor either. So -- but what I'm saying in that sentence is that gossip and rumors, whether they be true or not, which gossip and rumors normally are not, do affect the facility, 'cause we do get phone calls asking us if this gossip or this rumor is true. That's what I meant by that comment, which I think is pretty clear. COMMISSIONER BALDWIN: Yeah, it is very clear, and you've used this several times through the last couple of years. MS. HARRIS: I haven't been here two years. COMMISSIONER BALDWIN: The -- well, clarify for me right quick. We did -- of course, we did not have an escaped i~-~~c; 101 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 juvenile, did we? MS. HARRIS: I don't know. That's gossip and rumor, isn't it? COMMISSIONER BALDWIN: Did we, Judge? MS. HARRIS: My liaisons were informed. COMMISSIONER BALDWIN: We did, didn't we? JUDGE TINLEY: Sure we did. COMMISSIONER BALDWIN: Yeah. MS. HARRIS: My liaisons were informed the day that it happened. COMMISSIONER BALDWIN: Well, I'm glad they were. I wasn't. That's all. Thank you -- MS. HARRIS: You're welcome. COMMISSIONER BALDWIN: -- for your explanation. MS. HARRIS: You're welcome. The Austin News, I did not attend that conference, as I was working on the policies and procedures. Mr. Wilbanks came back and gave this report to me. And the announcement that Vicki Spriggs, the Executive Director of T.Y.C., made in regards to the mental health standards, they've been working on revisions of the T.J.P.C. standards since this summer, and one -- some of the standards is in regards to mental health care. And it seems to be that they're building the climate that juvenile probation departments and facilities would be required to provide more extensive mental health services for kids. She did make a -i3 ne 102 1 2 3 4 5 E 7 8 9 10 11 12 -- 13 19 15 16 17 18 19 20 21 22 23 "°" 2 4 25 statement that they were not going to implement the mental that's quite an expensive venture. One of the proposed standard changes is requiring a ratio. A mental health professional would be allowed to take care of just so many kids. There would be a ratio; it's clinician-to-resident ratio. I'm not clear on this standard, if that's strictly going to be for facilities, or if that's also going to be required for probation departments. COMMISSIONER WILLIAMS: That would be the Legislature meeting in its biennium? MS. HARRIS: Yes, sir. COMMISSIONER WILLIAMS: Or in special session? MS. HARRIS: In the biennium, because it's indicated on the document that was given at that conference that the new standards would not go into effect until September of '09, is when the new standards would go into effect. COMMISSIONER WILLIAMS: That's not something to be concerned about immediately? MS. HARRIS: No, sir. No, sir. I'm just wanting to give y'all some factual information that this is being discussed at this point in time. I got word the other day that the Colorado County -- which is that Eagle Pass -- the 1 3 n 6 103 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 Colorado County facility is closing. I don't know if you remember, there was a private company that was operating that. JUDGE TINLEY: You said Eagle Pass? MS. HARRIS: Not Eagle Pass. Eagle Lake, excuse me. JUDGE TINLEY: Okay. MS. HARRIS: Eagle Lake, sorry. There was a private company that was running that facility for quite some time. They discontinued their contract -- oh, I think it's been about a little over a year. And I don't know what precipitated that closure, why it -- why it was decided to close this. I just got word that they were closing. We've had a couple of counties that's called us, and inquiring about placement. Some -- one of the counties that called was wanting to place females, and then another county was wanting to acquire our contract, 'cause they had not contracted with us before, with possible placements, because they normally sent kids to Colorado County. So, let's see. Oh, and the facility in Canadian has closed, but it was a preadjudication, and I -- we would not foresee any -- any placements, because it is preadjudication. It's too far for them to send pre kids. Tarrant County, I got a phone call from Tarrant County, and they have expressed interest in placing kids at the facility once again. They used to some years ago. They haven't in a while, and they have a new chief. A new chief - 1 3 - ~ h 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was put into place a few months ago, so they're lookinq to -- to place kids at the facility again. And our NSLP, we had our regional Auditor; he did find some record -- recordkeeping noncompliances. Certain forms were just -- were not being filled out properly, so we have rectified that. Plan of action has been written and submitted to this auditor, and it has been approved. The plan of action has been approved, and these forms that were not properly filled in are now being properly done. We have rectified that. COMMISSIONER WILLIAMS: Ms. Harris, you and I had an exchange of e-mails -- MS. HARRIS: Mm-hmm. COMMISSIONER WILLIAMS: -- just within the last week or so -- MS. HARRIS: Yes, sir. COMMISSIONER WILLIAMS: -- relative to a couple issues, one of which was the breakout that Commissioner Baldwin didn't know anything about, and the other is -- has to do with the expense load and the revenue stream -- MS. HARRIS: Mm-hmm. COMMISSIONER WILLIAMS: -- of the facility. MS. HARRIS: Mm-hmm. COMMISSIONER WILLIAMS: And in that exchange of e-mails, I asked you if the breakout showed that we had facility or security issues. _ i3-n,, 105 1 2 3 4 5 6 7 8 Q 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. HARRIS: Mm-hmm. COMMISSIONER WILLIAMS: So, I'll ask you that same question in public. MS. HARRIS: Okay. I don't believe that we have a staffing/security issue, because this escape was not the fault of a -- of anyone. The staff was doing exactly what he was supposed to be doing. This was just one of those unfortunate incidents where this kid was at the end of the line going into the building, turns around and climbs over the fence, gets up on top of that fence before anybody can do anything. So, as far as the staffing issue, no, sir. Even the fence itself, it -- that fence does not have barbed wire or razor wire on top. At one time, my understanding was that there was a net tnat -- they had a net that covered it, and over time, there was holes that were worn through the net. And, too, the weight -- it started to sag, and the weight of the net was pulling the fence inward, so the net was removed. I -- I have not kept up with prices of -- of barbed wire and razor wire. I have no idea what the expenditure would be if you wanted to add that to the top of the fence. COMMISSIONER WILLIAMS: Which suggests you did not talk to Mr. Holekamp about it. MS. HARRIS: No, I -- no, sir, I have not visited with him. No, sir, I haven't yet. I will if you would like for me to; I can visit with him to get some kind of an ~_, ;-06 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 estimated cost on what that would cost. COMMISSIONER WILLIAMS: Second issue has to do with -- with cash flow. MS. HARRIS: Mm-hmm. COMMISSIONER WILLIAMS: And expenses versus revenue. MS. HARRIS: Right. COMMISSIONER WILLIAMS: And tax -- dedication of a certain portion of our budget. And I just want you to know that I've had a discussion with the Auditor about this. MS. HARRIS: Okay. COMMISSIONER WILLIAMS: And I know what we budgeted. We budgeted $288,000 -- MS. HARRIS: Yes, sir. COMMISSIONER WILLIAMS: -- as tax revenue to cover the shortfall in revenue based on projections that you had given us at budget time. MS. HARRIS: Yes. COMMISSIONER WILLIAMS: We're going to do a six-months review here of our budget coming up in March. MS. HARRIS: Okay. COMMISSIONER WILLIAMS: And I certainly hope that we're not in a situation where it's -- MS. HARRIS: I know. COMMISSIONER WILLIAMS: -- the shortfall is too great. _-is-o~ 107 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 MS. HARRIS: I know. I know. That was what I had indicated to you in the e-mail; I'm concerned as well. COMMISSIONER WILLIAMS: Because, political rhetoric to the r_ontrary, notwithstanding -- MS. HARRIS: Mm-hmm. COMMISSIONER WILLIAMS: -- I don't -- I don't see the will of this Court to go beyond a $288,000 commitment this budget year. MS. HARRIS: I know. Whenever -- when we were doing the budget process, you know, we all discussed this, and I -- the Court made itself very clear what the Court was willing to do and not willing to do. We at the facility clearly understand that as well. Everyone at the facility is aware that we're on, you know, an extremely tight budget, and everyone at the facility is aware of that, and everyone at the facility is aware that the population being low as it is right now, the revenues are -- is not as great, and they know the repercussions of that. We're doing everything that we possibly can to get more kids in. We have gotten more phone calls in regarding information in February than we did in January. We didn't get very many phone calls in January, but we -- we're getting a few more phone calls in February. Now, if these phone calls produce, great. If they don't, we'll address that too. But, yes, we -- we are aware of the repercussions of the cash flow not being there, so we -13-( 6 108 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 understand. COMMISSIONER WILLIAMS: Thank you. MS. HARRIS: And we're working on it very diligently. COMMISSIONER WILLIAMS: Thank you. JUDGE TINLEY: Anythinq else for Ms. Harris? Thank you, ma'am. MS. HARRIS: You're welcome. JUDGE TINLEY: Appreciate you being here. COMMISSIONER BALDWIN: We didn't have any of those other departments? JUDGE TINLEY: I left e-mail messages -- or not e-mail, voicemail messages with both the Extension Office and Environmental Health that I was hopeful that we could start these reports shortly after 11:00 this morning. COMMISSIONER BALDWIN: Well, no big deal. COMMISSIONER WILLIAMS: Mr. Arreola is out of the city. JUDGE TINLEY: Well, and Tish was here a little bit ago. Maybe she didn't take the message off. I don't know. COMMISSIONER BALDWIN: I don't think the County will shut down if we don't get these two reports. JUDGE TINLEY: No, we're probably okay. We probably can go ahead and work on our bills and those sorts of things, if we could get the Auditor in here. And -- -l3-GF 109 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 COMMISSIONER WILLIAMS: Can I say something, Judge? JUDGE TINLEY: Yes, sir. COMMISSIONER WILLIAMS: My good friend Nina Kinney is sitting there, and I know why Nina's here. She's not here for the entertainment; she's here to find out about the rock crusher, and we're going to pick that up immediately after lunch. MS. KINNEY: Okay. And what time will that be? JUDGE TINLEY: Not sure just yet. It's probably going to be 1:15 -- MS. KINNEY: Okay. JUDGE TINLEY: -- or after. MS. KINNEY: Okay, that will be good. Thank you. JUDGE TINLEY: Thank you, Mr. Williams. COMMISSIONER WILLIAMS: You're welcome. Nina, you're welcome to stay, if you like. MS. KINNEY: Okay. I have some... JUDGE TINLEY: Talking about some of these bills we got here, okay, let's move, if we could, to -- first off, let me ask if there's any member of the Court that has anything to go into executive or closed session? COMMISSIONER WILLIAMS: Not I. JUDGE TINLEY: Didn't think so. Let's go to the approval agenda. Payment of the bills, 4.1. COMMISSIONER NICHOLSON: I move we pay the bills. _ is ne 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 29 25 110 COMMISSIONER BALDWIN: I second that emotion. COMMISSIONER. WILLIAMS: I think I have one question. COMMISSIONER BALDWIN: Oh, good. JUDGE TINLEY: All right, sir. COMMISSIONER BALDWIN: I like these. COMMISSIONER WILLIAMS: I got to find it. JUDGE TINLEY: Go ahead. COMMISSIONER WILLIAMS: It's on the last page. What is 81, District Administration? COMMISSIONER BALDWIN: Oh. COMMISSIONER WILLIAMS: And what -- and after you've told me that, then maybe that will explain the line item H.S.B.C., whatever, whatever. COMMISSIONER NICHOLSON: What page? MS. WILLIAMS: Business Solutions? COMMISSIONER WILLIAMS: On the very last page, 26. COMMISSIONER BALDWIN: Next-to-last page. COMMISSIONER WILLIAMS: I'm sorry. You got 27 pages? COMMISSIONER BALDWIN: That has to do with the district courts. MS. WILLIAMS: It's the districts courts, and it also is where we record and keep track the LEOSE money that the constables, the Sheriff's Department, and the District Attorney get every year, and that moneys is what -- they can -1s-oe 111 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 1G 17 18 19 20 21 22 23 24 25 use it for training, whatever. It is their discretion to use it. It's money that we receive from the State. And the item that Commissioner Williams was asking about is some stacking chairs that the Sheriff's Department purchased out of their LEOSE moneys, and I believe it was for training. SHERIFF HIERHOLZER: It's for all the revamping of that training room so it fits in with AACOG grant stuff. COMMISSIONER WILLIAMS: There is training, too, coming out for the distance learning that's coming up. SHERIFF HIERHOLZER: Yes, we're already online. We're waiting for AACOG to get on that. It's all been installed. COMMISSIONER WILLIAMS: I saw you nodding your head; I figured you had something to do with it. SHERIFF HIERHOLZER: That's the chairs and that, instead of the old metal folding chairs, and that's purchased out of that, and it's able to be out that LEOSE account. COMMISSIONER WILLIAMS: Thank you. JUDGE TINLEY: Okay. I got one question. Page 1, Tetra Tech, preparation of funding application, T.W.D.B. COMMISSIONER WILLIAMS: That was the money approved by the Court for up to 5,000 to assist us in the preparation of the funding application. DODGE TINLEY: Is -- we do have an opportunity to get reimbursed for that out of grant funds from T.W.D.B.? _-13-OH 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: I don't know, but I'll certainly ask that question, Judge. JUDGE TINLEY: That was my question. COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: I know we approved the funding; I just didn't know whether we could -- COMMISSIONER WILLIAMS: I'll ask the question. JODGE TINLEY: That prompted me to have the other question. Any other questions? 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. Budget amendments. Budget Amendment Request Number 1. MS. WILLIAMS: Okay. This budget amendment, we have a bond payment that is coming up due on February the 15th. It is for the detention facility. We are short $177,000 in the cash account being able to pay -- to pay that bond payment, so what I'm asking the Court to allow us to do is move the money out of general fund. When more ta.i revenue's received during the year and we build up enough cushion, we'll transfer the money back into the general fund. COMMISSIONER WILLIAMS: A temporary transfer? MS. WILLIAMS: Yes, sir. _-'_3-05 113 1 2 3 9 J 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 2q 25 DODGE TINLEY: Interim transfer. MS. WILLIAMS: We're anticipating tax revenues to be received; we just don't have enough at this point in time in order to make this payment. And since it is a separate bank account, we have to have the money there before we do the wire transfer. COMMISSIONER NICHOLSON: We're making ourselves a temporary loan? MS. WILLIAMS: Basically. COMMISSIONER NICHOLSON: Out of the general fund? MS. WILLIAMS: Mm-hmm. COMMISSIONER BALDWIN: By declaring an emergency? MS. WILLIAMS: Yes, sir. COMMISSIONER NICHOLSON: This doesn't have anything to do with the budgeted cost for these certificates of obligation? MS. WILLIAMS: No, sir. COMMISSIONER NICHOLSON: They're fixed. COMMISSIONER. WILLIAMS: So, you need a motion that embodies a declaration of emergency to do this; is that correct? MS. WILLIAMS: Yes, sir. Because, basically, we have to have the money to make the bond payment, and I would consider it an emergency, taking it out of surplus in the general fund. 13-Uh 114 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 24 25 COMMISSIONER WILLIAMS: I would move that we declare an emergency and authorize an interim and/or temporary transfer of sufficient funds, $177,000, to make the bond payment which is due on February 15, '06, and that when the tax revenues have arrived, that that be replaced in the general fund. MS. WILLIAMS: Yes, sir. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 1 as indicated in the motion. Any question or comment? COMMISSIONER BALDWIN: Question. JUDGE TINLEY: Yes, sir? COMMISSIONER BALDWIN: How did this happen? How did we -- how did we miss February 15th, 2006, in our payment scheme? MS. WILLIAMS: I don't understand your question. COMMISSIONER BALDWIN: Well -- MS. WILLIAMS: We -- COMMISSIONER BALDWIN: Why don't we have this budget -- money budgeted, is my question. MS. WILLIAMS: We budgeted tax revenues. COMMISSIONER BALDWIN: Were we planning on declaring an emergency and -- MS. WILLIAMS: No. _-15-U6 115 1 L 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 z5 COMMISSIONER BALDWIN: -- going into the reserves, the County's reserves? MS. WILLIAMS: Not that I know of. COMMISSIONER BALDWIN: Okay. How did this come about? MS. WILLIAMS: Basically, because -- COMMISSIONER BALDWIN: And you can't blame it on the -- blame it on the politicians walking around talking. MS. WILLIAMS: No comment. We have not collected enough tax revenues in this new budget year in order to make up the payment that's due. There wasn't enough at the end of September in the cash account to cover it. A lot of people have not paid their taxes until probably the 31st of January. They hold off to the very last minute. We haven't received those revenues from the Tax Assessor yet. COMMISSIONER WILLIAMS: Okay. That's a -- I was going to say, does that mean "yet" or "ever"? MS. WILLIAMS: No, yet. COMMISSIONER WILLIAMS: Yet, okay. There's a difference MS. WILLIAMS: Yes, big difference. COMMISSIONER BALDWIN: So, by the bad luck of the draw, February 15th is a bad date for us. MS. WILLIAMS: No, sir. It just happens to be one year from the date that the bonds were -- _-i~-oe 116 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 L y 25 COMMISSIONER BALDWIN: It's a bad day because we haven't received any money in. MS. WILLIAMS: Yes. COMMISSIONER BALDWIN: Probably March 15th, the money would probably be there, huh? Okay, April 15th. You're difficult to get along with. MS. WILLIAMS: It's Monday. COMMISSIONER BALDWIN: Okay, I'm through talking. JUDGE TINLEY: Any other questions or comments? All in favor of that 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. Budget Amendment Request Number 2. MS. WILLIAMS: You'll like this one also. COMMISSIONER BALDWIN: Oh, boy. JUDGE TINLEY: Same story, just a different subject. It's the radio. MS. WILLIAMS: Same story. It's just that we have a bond payment coming up on the 15th of February for this one also, and at this point in time, we are short appror.imately $7,500 in the account in order to be able to make the payment, so it will be another one where we're going to declare an emergency and transfer it out of Fund 10. Once the revenues _-i~~ o~ 117 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 -- tax revenues are received, we build up enough of a cushion, we'll transfer it back over to Fund 10. COMMISSIONER WILLIAMS: If we don't do this, the Sheriff has to stop talking; is that correct? SHERIFF HIERHOLZER: Sir? JUDGE TINLEY: Is that part of a motion? COMMISSIONER WILLIAMS: I don't know. I'm going to let somebody else do this one. COMMISSIONER NICHOLSON: I move to approve. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded as indicated, declare an emergency and approve Budget Amendment Request Number 2. Any question or comment? 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. Budget Amendment Request Number 3. MS. WILLIAMS: Number 3. I think we just discussed this, maybe at an earlier court meeting. We have come to the point where we need to transfer the $12,000 that we had budgeted under Software Maintenance and Indigent Health Care up to our Third-Party Administration line item. Due to reasons with the VeriClaims contract, we are not able to bring -~~ o~ 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 the indigent health care processing in-house this budget year. We do have expenses that we need to pay her for claims that have already been taken care of and that we are paying, so I'm asking the Court to allow us to move that $12,000 up there to use that. COMMISSIONER NICHOLSON: Move to approve. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 3. Any question or comment? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Budget Amendment Request Number 4. MS. WILLIAMS: The 198th District Judge's computer died, and we need to move moneys out of Special Trials line item -- looks like we haven't used any of that at the present time -- up to the Operating Equipment line item in order to do that, so that we can get our I.T. guy to order him a replacement computer and monitor. COMMISSIONER BALDWIN: That was going to be my question. Certain -- I'm certainly in favor. I move we approve this. _ 13-06 119 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 WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval of Budqet Amendment Request Number 4. COMMISSIONER BALDWIN: The -- the district -- this particular district judge and our I.T. guy have had a little spat not too long ago, and I'm wondering, are we kissing and making up and just -- our I.T. guy up there going to reinstall this computer, and -- MS. WILLIAMS: Oh, I imagine he'll install it. He's the one who got the information and passed it on to Judge Prohl through Becky Henderson. COMMISSIONER BALDWIN: Okay. Okay. So, we are -- MS. WILLIAMS: Talking again? COMMISSIONER BALDWIN: Not kissing and making up, but maybe we're holding hands and skipping at this point. MS. WILLIAMS: So -- COMMISSIONER BALDWIN: We should be. I don't like to see that kind of stuff, that anger deal. I never get angry. Did I -- did I tell you that I'd like to make a motion? JUDGE TINLEY: You did. COMMISSIONER BALDWIN: I love this country. JUDGE TINLEY: Any further question or comments? All in favor of the motion, signify by raising your right hand. -13-Gti 120 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Do we want to talk about -- MS. WILLIAMS: Sir? Excuse me, Judge. I do have three additional budget amendments that I had to do late Friday afternoon. I will -- if you'll hand one to Cheryl, too, please? And there's also one for you, Kathy. JUDGE TINLEY: You want to talk about the EMS contract with the City of Kerrville while we pass these out? COMMISSIONER BALDWIN: Yes. MS. WILLIAMS: You got my letter? JUDGE TINLEY: We read our mail, yes. MS. WILLIAMS: Basically, I think we, being our office and the Treasurer's office, did not realize that the amount that was budgeted in that line item was supposed to be split 12 ways and paid out every month. The Treasurer's just been paying what the old contract amount was. I got a call from Sandra Yarbrough at the City the other day, wanting to know what was going on, and I told her that I would try to find out from the Court what the intentions were supposed to be. I've already heard from Commissioner Williams and Commissioner Letz as to -- go ahead and let's get caught up what we still owe them and get on track paying them what we're -is-~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 25 121 supposed to be paying them. COMMISSIONER BALDWIN: Yeah, it's pretty clear. JUDGE TINLEY: What says the EMS liaison? COMMISSIONER BALDWIN: Oh, absolutely. I mean, I don't know how we -- MS. WILLIAMS: I think it was just an over -- COMMISSIONER BALDWIN: -- can go by last year's numbers. MS. WILLIAMS: I think it was just an oversight. COMMISSIONER BALDWIN: The budget went from 23,000 to 200,000, so that's kind of hard for me to overlook. But, absolutely, I think we need to pay up. MS. WILLIAMS: Okay. COMMISSIONER BALDWIN: And get in the groove. We don't need a motion to do that. I mean, just do it. JUDGE TINLEY: We budgeted it and it's in the budget, so I don't -- I just wanted to bring the issue here. I want -- I think she was looking for direction, and I -- MS. WILLIAMS: Yes. I just wanted to make sure that there wasn't something unusual out there, that maybe they were supposed to come and ask for the largest part of that budget at some other time. So, that was basically the only reason I did the letter. COMMISSIONER WILLIAMS: Which begs a question. MS. WILLIAMS: Yes, sir? - 1 3 Il h r ___ _~ I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 122 COMMISSIONER WILLIAMS: Is our increment that's being remitted to the City for the library where it needs to be? I thought we had adjusted -- MS. WILLIAMS: We stayed -- I think -- COMMISSIONER NICHOLSON: They're still billing us for -- MS. WILLIAMS: 25,000. COMMISSIONER NICHOLSON: -- the 300,000 rate instead of $350,000 rate. COMMISSIONER WILLIAMS: That's why I asked. COMMISSIONER NICHOLSON: Yeah. They're -- MS. WILLIAMS: We're still paying whatever they are billing us for. COMMISSIONER NICHOLSON: We're paying what they bill us, but it's not -- it's not what we budgeted. COMMISSIONER WILLIAMS: That was my question. COMMISSIONER NICHOLSON: We'll pay it, and they'll catch on to it soon. COMMISSIONER WILLIAMS: Sooner or later. COMMISSIONER NICHOLSON: Get short of money. JUDGE TINLEY: Budget Amendment Request Number 5. MS. WILLIAMS: Okay. This one, we received the renewal on the storage tank pollution liability coverage for Road and Bridge. At this point in time, we're showing enough money in the Insurance line item to be able to make this - . 3 - U f~. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 123 payment. And I spoke with Truby, who spoke with, I believe, Leonard, and they decided we could take the money out of Contingency so that we can set this up next court date, get this paid, and keep the policy in effect. JUDGE TINLEY: This is the Nondepartmental Contingency? MS. WILLIAMS: No, sir, it's Road and Bridge Contingency. They have a line item, yes, sir. COMMISSIONER WILLIAMS: $827? MS. WILLIAMS: Yes, sir. COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 5. Any question or comment? All in favor, 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. You got another one? MS. WILLIAMS: Yes, sir, I've got this one and then one more after this. JUDGE TINLEY: Budget Amendment Request Number 6. MS. WILLIAMS: The -- the Sheriff had called me the other day and said that we needed to find roughly $25,000 to i~-oe I 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 29 25 124 cover the salary for one task force officer who will be covered by the grant up until the end of March, but April 1 through September 30th, he will have to pick up the salary in his budget. Going from the information they gave me, we figured out what his step and grade would be, and then I was able to calculate what dollar amount we would need for the transfer, and what we want to do is take a separate amount out of each of the Sheriff's Group Insurance line item and the jail's Group Insurance line item. There is enough moneys there, because we did budget high on group insurance this year, and move that up to Deputy Salaries line item. COMMISSIONER BALDWIN: This is -- let me see here. Let me read this little footnote down here, "TO cover salary for one officer after the grant expires." Now -- so what I'm seeing here is that you're moving $22,866.50 to a person after the grant expires. Now, is this -- is this for the remainder of the year? JUDGE TINLEY: Mm-hmm. SHERIFF HIERHOLZER: Yes. COMMISSIONER BALDWIN: Or is this an annual salary? SHERIFF HIERHOLZER: No, that's the remainder of this year. COMMISSIONER BALDWIN: What is the full salary? SHERIFF HIERHOLZER: This person's -- COMMISSIONER BALDWIN: What is the full salary? -1? ae 125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L 1 ,~ ~~ 23 24 ~5 SHERIFF HIERHOLZER: This person is a lieutenant, and that -- the same lieutenant just lire I have. He would be a 25-6, because he's already been an employee for years; he's just been assigned, and his annual salary would be 45,733, which is about a $7,000 deduction in what he's making at the current time as a commander of the task force. So, he's taking about a $7,000 pay cut to continue to be a Kerr County employee. 7,000 a year. So, this is based on half of that, or the remaining of what that 45,000 would be, not the 52 he's currently being paid under that grant. COMMISSIONER WILLIAMS: This is part of your new plan to deal with -- SHERIFF HIERHOLZER: The narcotic division, yes. COMMISSIONER WILLIAMS: Okay. SHERIFF HIERHOLZER: And we have a meeting at 2 o'clock today with the private -- the possible private donor on -- on some equipment stuff and that, because that bill, in itself -- and we haven't brought that to the Court, 'cause we're hoping to fund it in a different way, but County vehicles and equipment and that is a little over $200,000 that it's going to take to get us and the City off the ground, 'cause all their equipment they had over there is -- most of it is unusable, 'cause over the last several years, the State's been cutting their budget to begin with. So, we'll see where that goes. _-i~-uc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 126 COMMISSIONER BALDWIN: Well, have we done anything? I move for approval. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 6. Any question or comment? All in favor, 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 BALDWIN: There's more? MS. WILLIAMS: One more. One more. COMMISSIONER BALDWIN: I hear a catfish calling. JUDGE TINLEY: I thought it was barbecue on Mondays. COMMISSIONER BALDWIN: Barbecue. COMMISSIONER WILLIAMS: He only goes if the place is closed. COMMISSIONER BALDWIN: I'm on a diet; that's what I do on my diet. JUDGE TINLEY: Keeps his weight down. Budget Amendment Request Number 7. MS. WILLIAMS: Okay. On this one, I got a call from Becky Harris -- I believe it was Thursday afternoon, and she stated that they had a couple of bills for food expenses that were going to need to be paid. And when she looked at her i~~ oe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 127 expenditure report, .she noticed that there was only, like, $3,300 left in that line item. These two bills alone totaled up to $6,700, plus some. She wanted me to go through her budget and see if I could find a line item somewhere that we could move moneys out of. Again, we budgeted a little high in the Group Insurance line item, because at the time we weren't sure what the premiums were going to be, so there's ample money to take the $3,388.73 out of the Insurance line item, move it to the Food line item, and at least get these two bills paid, and then we will have to worry about any other bills as they come in. But since I didn't have a total on the H.E.B. bill, which would probably be the only other one at this point in time that I know of, I couldn't -- I can't really request more than what we just need for this present time. COMMISSIONER NICHOLSON: Does this mean that we don't have any more budgeted funds for food for the rest of the year? MS. WILLIAMS: Yes, sir, that's what it means. JUDGE TINLEY: That's what concerns me. How did we end up that low for -- for the food budget? COMMISSIONER WILLIAMS: That would be my question. And I was wonderinq, does this have anything to do with the 16 or 18 extra youth that we took in from T.Y.C. over a projected period of time? _ -13-~~ h 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 128 MS. WILLIAMS: I'm not sure. I ran a printout for October through Friday, and just kind of looked at what we've been spending. It looks like our October expenses ran $9,356.26. Our November expenses ran $11,532.62, and our December expenses ran $5,772.87, for a grand total of $26,620.91. COMMISSIONER WILLIAMS: You're talking about food only? MS. WILLIAMS: Just food. Food only. COMMISSIONER NICHOLSON: Out of a total budget of $30,000. It's February, and we're broke in that account. That's a little early. DODGE TINLEY: Yeah. That thing spiking in November -- MS. WILLIAMS: I'm not sure why that -- JUDGE TINLEY: Well, the -- it would be expenditures in October as a result of that hurricane -- very well could be a possible contributing factor, but it -- MS. WILLIAMS: Could be. JUDGE TINLEY: I don't see that as anywhere close to being all of it. MS. WILLIAMS: No. I'm not real sure. JUDGE TINLEY: It appears that we just had some bad numbers when we initiated the budget, possibly. I don't know. COMMISSIONER WILLIAMS: Well, covering this one _ - , ~ - i o 129 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 doesn't bother me as much as what we're looking at here in the future. JUDGE TINLEY: Mm-hmm. COMMISSIONER WILLIAMS: May do a review sooner than March. COMMISSIONER NICHOLSON: We may not have any money to pay elected officials come September. COMMISSIONER WILLIAMS: That would be something, wouldn't it? I move that the transfer be approved as presented. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 7. Any further question or comment? 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: This motion does carry. MS. WILLIAMS: That's it. JUDGE TINLEY: Any more budget amendments? MS. WILLIAMS: No, sir. No late bills. JUDGE TINLEY: Late bills? MS. WILLIAMS: No, sir. JUDGE TINLEY: I've been presented with monthly _-i3-n~ 130 1 2 3 4 5 6 7 8 9 10 11 12 I3 14 15 16 17 18 19 40 21 22 23 29 25 reports -- COMMISSIONER BALDWIN: Thank you, Mindy. MS. WILLIAMS: Thank you. JUDGE TINLEY: -- from the Sheriff's Department; Justice of the Peace, Precinct 2; Justice of the Peace, Precinct 3; Justice of the Peace, Precinct 4; County Clerk, both general and trust funds; and the District Clerk. Do I hear a motion that these reports be approved as submitted? COMMISSIONER WILLIAMS: So moved. COMMISSIONER NICHOLSON: Motion that we approve as submitted. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval of the reports as submitted. Any question or comment? All in favor, 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 go to reports from Commissioners. Committee or liaison assignment reports. Anybody? COMMISSIONER BALDWIN: Yes, sir. I just want to remind you gentlemen that we have our EMS committee group coming in here soon, the end -- the end of next month, so just -- you ];now, it's time to roll your sleeves up, 'cause _-i~ o~, 1 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 2~ 23 24 25 131 it's going to be a big one. That's all. JUDGE TINLEY: You got anything, Commissioner Williams? COMMISSIONER WILLIAMS: No, sir. COMMISSIONER NICHOLSON: A couple things, Judge. We've had a project with the Library Advisory Board to do some planning and thinking about the future and provide input to both the City and the County on what our thoughts are on that. We met last week, and that's going very well. Good meetings, good exchange of information. We were able to establish a couple of short-term priorities and a long-term priority, and you'll get a report. And the short-term priorities will be rehabilitation of the current library; windows need sealed, light fixtures need replaced, things that have been neglected need to be done. And then they've done some work on the balcony to make it more usable, and I don't pretend to understand all that, but it would be some -- some remodeling. And then longer-term recommendation would be everything bigger and better; more building, more of everythinq. We thought a little -- a little bit about what the future of public libraries is, and there's a whole spectrum of thought on that. You know, the -- there's one way of thinking that says that the -- the Internet will doom brick-and-mortar Libraries. Who knows? Ten, 20 years from now, that could be true. The other -- on the other extreme, it's sort of -- _-, -u~ _.~ - ~.m.__ ~. 132 1 2 3 4 5 6 7 8 9 10 11 12 ®.- 13 14 15 16 17 18 19 20 21 22 23 °- 2 4 25 well, sort of like 500-some years ago, when the Gutenberg Press was invented and scribes were running around saying, "I'll never -- we'll never get rid of our scrolls; people like these scrolls." There's a lot o£ tradition and a lot of emotion that's got to do with libraries, and -- and I think probably it would be normal that people be defensive about making major changes in institutions like that. So, I'm telling you all that so that I -- that we have a long-term recommendation. Whether or not it's pointed toward the right target, we don't know. There's no consensus on it. They're working on the -- I think they finished this -- the bylaws of the Library Board, and we'll present those to the two government bodies for receipt or approval, whichever the contract requires; I can't recall right now. Okay. I want to pass out a document. In our budgeting process, we talked about getting together in the off-season and considering organization issues, how we'd get our work done, and -- and to try to determine if there was an opportunity for improvement. Commissioner Letz and I have worked on a survey, and that's what I've given you, and I think the process we envisioned is that the department heads and elected officials would get this survey and respond to our questions, and then we get all that back in and we would assimilate it in a way that is easy to understand, and then that we would -- this body would set aside some time, a _-is-n~; 133 1 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 workshop to go through that information we collected, and try to find opportunities to do things better or more economical or whatever the opportunities were presented. I don't think this has to be anything real formal, I think this could be sent out by the Judge or Commissioner Letz, or just about anybody. It's -- COMMISSIONER WILLIAMS: This goes out to all county departments, or just those that report to Commissioners Court? COMMISSIONER NICHOLSON: A11, COMMISSIONER BALDWIN: Commissioner, have you thought about possibly making a list -- I mean, you're dealing with the Texas Constitution here. The list of things that counties are -- mandated duties? COMMISSIONER NICHOLSON: I think we're trying to take the -- the easy way out on that, Commissioner. We're -- we're expecting that elected officials know better than we do what's mandated, and they -- that question is asked in here. "What are you doing that's mandated by the Constitution, and what are you doing that is not?" And that'll get -- that'll give us some information we need to see about how things might be rearranged or done differently. COMMISSIONER BALDWIN: Yeah, okay. COMMISSIONER NICHOLSON: Any major concerns about this tactic? COMMISSIONER BALDWIN: I don't have any. --13-:" ~ 139 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 COMMISSIONER NICHOLSON: That's all I've got, Judge. JUDGE TINLEY: Any other reports to be received by the Court? We'll be in recess until 1:30, at which time we'17 take up Agenda Items 1.22 through 1.26. (Recess taken from 12:08 p.m. to 1:30 p.m.) JUDGE TINLEY: Okay, let's come back to order. We were in recess until 1:30. It's that time now. We have several more items on the agenda, and they all revolve around one general subject, so unless there's objection from any member of the Court, what I intend to do is to call all five of those items, and I think we can probably more efficiently dispose of them that way, and then just open it from there. Any objection from anybody on the Court? COMMISSIONER BALDWIN: No, sir. COMMISSIONER WILLIAMS: No, sir. JUDGE TINLEY: Item 22, consider and discuss Kerr County's authority under Texas Constitution and various laws for regulating and placing restrictions on mining, rock crushing and related operations, particularly those in or near the floodplain of the Guadalupe River and/or its tributaries. Item 23, consider and discuss relevance of Kerr County Flood and Damage Prevention Order Number 26463, approved June 26, 2000, and subsequent Court Order Number 28420 adopted November 24, 2003, which amended the original _ - 1 3 - 'i G 1 2 3 4 5 6 7 S 9 10 11 12 "` 13 14 15 16 17 18 19 20 21 22 23 24 25 135 order, as it may apply to mining, rock crushing and related operations in or near the floodplain of the Guadalupe River and/or its tributaries, and take appropriate actions to strengthen the same. Item 24, consider and discuss Senate Bill 1359, Code, its relevance to current and planned mining operations in Kerr County on the Guadalupe River and/or its tributaries, and authorize an official meeting between Kerr County, U.G,R.A. officials, concerned area citizens, and state legislators to discuss possible introduction of similar legislation to protect the Guadalupe River. Item 25, consider and discuss matters contained in the Community Covenant between Burnet County and Capital Aggregate of Austin, Teas, methods by which a similar agreement might be negotiated between Kerr County and Wheatcraft, Incorporated, addressing activities related to mining and rock crushing such as noise, truck traffic, blasting, stormwater discharge, et cetera, if legally possible to do so. And Item 26, consider, discuss, and take appropriate action regarding report from Environmental Health Director Miguel Arreola identifying an unpermitted septic system installation on Jerry Wheatcraft property located at 5133 Highway 27 in Center Point, and its current status. _-li-nF 1 .... 2 3 4 5 6 7 8 9 10 11 1~ "~ 13 14 15 16 17 18 19 20 21 2~ 23 24 ~5 136 Commissioner Williams, I think you were the -- you placed the majority of these items on the agenda, so I'll turn it over to you at this time. COMMISSIONER WILLIAMS: Thank you, Judge. I did, indeed, put all these items on the agenda, and there was one very basic reason. There are a lot of folks in the county, particularly in the eastern part of the county, who really have a strong belief that the county may have more authority to do some of these regulatory matters than we have heretofore believed we had. So, I've asked the County Attorney to come and tell us exactly what our authority is in some of these items, particularly the items -- basically, the first item and the second item dealing with the floodplain, I've asked, through Road and Bridge, Mr. Howard to come from the T.C.E.Q. and talk to us about the floodplain issues. And so I think -- and I appreciate your willingness to consolidate all these items. It is one agenda item, but each of those topics are separate in terms of the dimension. And the question is, if we have additional authority, what is it? How best to use it. If we don't have, what would be a good approach to -- to go to work on this particular issue? With your permission, I'll deal with the very last one first, because I have the answer in my hand, and that had to do with a report I had from the Environmental Health Director with respect to an alleged violation of our On-Site _ - 1 ~ - 0 6 1 ._. 3 4 5 6 7 8 9 10 11 12 ~°° 13 14 15 16 17 18 19 20 21 22 23 ~~ 2 4 25 137 Septic Facilities, and Mr. Arreola has written to me reporting the following information. This is dated February 10. "And, therefore, to keep you informed of the previously discovered illegal septic system at the above-referenced location," -- above-referenced location is Wheatcraft, Inc., 6133 Highway 27. Parts -- he writes, "Parts of the original illegal septic system at the site were uncovered for our inspection. Professional Reqistered Sanitarian Charles Digges performed the site evaluation and uncovered parts of the essence of the septic system necessary for inspection. Mr. Digqes also provided the required documentation by signing and submitting sealed plans as per the requirements -- minimum requirements T.A,C. 30, Chapter 285, O.S.S.F." Mr. Arreola says, "I performed a preliminary inspection and confirmed Mr. Digges' findings on 11/28, and performed a final inspection on 12/30, after reviewing the plans. The system," he says, "now meets minimum state standards required for on-site sewage facilities. The final installation was performed..." blab, blah, blab, blah. So, that one is dispatched. Without getting any further into it, I think it's appropriate, Judge, if you will -- I've asked the County Attorney to review exactly what the law says we have the authority to do, and he's going to tell us that. And then, without any further ado, unless -- the Court will have a bunch of questions, I'm sure. We'll -- we'll go to the T.C.E.Q. _-13-i1 t, 138 1 .s L 3 4 5 6 7 8 9 10 11 12 -° 13 14 15 16 17 18 19 20 21 22 23 24 25 findings report with respect to floodplain order. Mr. Emerson? MR. EMERSON: Thank you. I'm going to start this out with somewhat of a basic rendition of what I think you're all familiar with. But counties are created under the Texas Constitution of 1876, and we're created as a subdivision of the state for the sole purpose of doing the duty of the state. Now, the problem with that is, is that -- and I hate to use this analogy, but we're kind of like the state being an owner, and we're the dog on a leash. We're supposed to do what the duty -- or whatever the owner; i.e., the State, wants us to do, but we only have as much room to move as the leash they give us, and we cannot exceed the statutory authority that's specifically given to us by the Legislature. Now, this is somewhat comprehensive, but in the last two and a half to three months, I -- in searching for authority for the County to become involved in quarries in general on the Guadalupe River and what our Limitations and our authority was, I talked to Harris County, Comal County, Limestone County, U.G.R.A., Headwaters, Texas Association of Counties, Texas Commission on Environmental Quality, the National Resource Commission, the Lower Colorado River Authority, the Texas Water Development Board, David Brooks, who is a county law attorney working out of Austin that specializes in advising counties and Legislature on county _ ~s ~.~E, 139 1 ..~ ,~ 3 4 5 6 7 8 9 10 11 12 " 13 19 15 16 17 18 19 20 21 2~ 23 24 25 authority, the Health and Safety Code, the Water Code, the National Resource Code, the Local Government Code, and last but not least, the Brazos River Test Area that was authorized by the Legislature, I've looked into that, at the last legislative session. The long and the short of it after all that investigation is that we're right back to square one. Unless something specifically fits within the County's purview under subdivision development, or fits within our ability to regulate the river according to floodplain management, we really don't have much authority. If you take a look at the Health and Safety Code, we have some limited authority over solid waste. That doesn't necessarily fit within quarrying and mining along the Guadalupe River. The Texas Clean Air Act under the Health and Safety Code authorizes us to step in and enforce issues under those matters, but once again, we're back to ambient air source contamination as far as dust and so forth. Doesn't necessarily trigger that. The T.C.E.Q. is the monitoring agency. Waste transportation. There's no indications of anything from a quarry or a mine in this particular instance, or the other issues along the Guadalupe that would trigger that. Regulations of subdivision and platting. There's no subdividing of land going on. We don't have anything to stand on. It's not a county road running along these facilities; it's a state highway, so the County can't regulate heavy -l; ~e t 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L 1 2~ 23 24 25 140 trucking on those roads. Water pollution issues fall under the Water Code, but once again, you're back to T.C.E.Q, and/or the Upper Guadalupe River Authority having the authority to do anything. The County can step in under the Federal Flood Insurance Act if any of the mines do any kind of development that would cause an increase in -- in the rate along the Guadalupe River. So long as they do not do anything to affect the flood rate outside the statute, then our hands are bound. As much as we would like to do something or the citizens would like the County to step in, we just don't have the authority. Even if you look ~n the Health and Safety Code under the nuisance statutes, it just doesn't fit under the definition that's allowed for the County to take any action. The only possible action there would be after the fact somewhat; if the water retention ponds create a health and safety hazard, then we can step in. But our hands are tied. COMMISSIONER WILLIAMS: You mentioned roads. There is concern -- public concern that has to do with traffic, acceleration lanes, deceleration lanes, tarping of trucks, load limits, all that stuff. Is that anything the County can deal with under our -- our statutory authority, or is that all TexDOT? MR. EMERSON; It's TexDOT, 'cause you're looking at a state highway, not on a county road. _-13-Uh 141 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: TexDOT, okay. Under the Texas -- under the Clean Air Code, there's nothing there? don't have. In other words, if they license a particular facility, then you're back to the all the monitoring and enforcement is basically through T.C.E.Q. We can act as a -- as an informing agency for the state, or police agency in the stance of providing it with information, but it's up to T.C.E.Q. to take the action or authorize the County, as a subdivision of the state, to take an action. We can't do it on our own. COMMISSIONER WILLIAMS: Rex, there was recently a T.C.E.Q. public meeting in Center Point with respect to the air quality permit that was filed by Wheatcraft, Incorporated, and those folks came down and they conducted that meeting, and they -- they dealt solely with that particular issue. They didn't go far afield and try to deal with water issues, because that's a separate branch of T.C.E.Q., and that -- that splits us off in a different direction. My question is, in your opinion, does the County have sufficient standing with the T.C.E.Q. that we could go and make a -- a presentation or a case or submit any evidence or information with -- before T.C.E.Q. on air quality? -i~-_~ 142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 L y 25 MR. EMERSON: As it stands right now, the County essentially has the same authority as any other citizen, or the same standing as any other citizens, even in Center Point, that wants to complain. We don't have any more; we don't have any less. COMMISSIONER WILLIAMS: The word "affected," a-f-f-e-c-t-e-d, applies to those who are in close proximity, or would it allow the County as well in? MR. EMERSON: The County is somewhat tied in that, unlike a city, we don't have general police protection to step in for the health, safety, and welfare of the citizens, except on a very limited basis. COMMISSIONER WILLIAMS: Okay. MR. EMERSON: And I think that's probably an extremely gray area, whether we -- whether we could initiate a lawsuit or step into a lawsuit as a party with standing, quote, in the legal capacity. COMMISSIONER WILLIAMS: That -- that would be a possibility if the Court authorized that? Based on what? MR. EMERSON: Well, what I'm saying is -- is right now, there's no information to indicate that we would have the ability to do that. COMMISSIONER WILLIAMS: I see. Okay. And the same would apply to water regulation? Those things are in the hands of either the river authority, for surface water, or the -i~ nc; 193 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 L S underground -- Headwaters Underground Conservation District with respect to drilling and the use of the water, or the diversion of the water from -- from the river, or the return of water to the river. Those things are not County authority issues? MR. EMERSON: That's correct. We -- they're of interest to the County, but we don't have any statutory authority to do anything. And perhaps the main difference in this particular case is, if you look at the Upper Guadalupe River Authority, my understanding is that they do not have any rules for the river corridor at this time, whereas if you look at the Lower Colorado River Authority and some of the others, they have very specific rules for development along the river corridor and how the land can be used. And we just don't have any -- any of those ordinances or -- or rules to work under. COMMISSIONER WILLIAMS: You provided me with a large packet of information regarding Lower Colorado River Authority's rules, which they put in place, I guess, as an authority. Would the same apply to the Guadalupe-Blanco River Authority? Do you know? MR. EMERSON: I -- I don't know the answer to that. COMMISSIONER WILLIAMS: Okay. MR. EMERSON: My understanding is they're a lot more active than the Upper Guadalupe River Authority, but I don't know to what extent. 13 Oh 149 1 2 3 9 5 6 7 8 9 t0 11 12 13 14 15 16 17 18 l~ 2C 27 2: 2: 2~ 2' COMMISSIONER WILLIAMS: Okay. DODGE TINLEY: What authority, if any, does our floodplain administration capability give us with regard to this subject? MR. EMERSON: We can step in and we have right of access to the property. we have a floodplain permit that would have to be applied for and approved. But Mr. Odom, in this particular case, his authority is limited by whether or not the -- in this particular application, the gravel or mining operation would have any effect on the rise of the water. COMMISSIONER WILLIAMS: I want to get the T.C.E.Q. gentleman to talk to us about the floodplain. DODGE TINLEY: Okay. COMMISSIONER WILLIAMS: Anything else you can shed? MR. EMERSON: I wish I could, but despite all the research, and probably thousands of pages of it we've gone through in the office, there's just not anything there we have to hang our hat on at this time. COMMISSIONER WILLIAMS: Nothing, to your knowledge, prevents the Court from weighing in with respect to seeking our legislators to introduce legislation, does it? MR. EMERSON: No, sir. And, in -- in fact, there's a pilot program in effect that I referred to earlier along the Brazos River that was enacted by the Legislature in 2005, but _ 13-~6 1 2 3 4 J 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 195 it's a very specific, limited section of the Brazos River wherein it gives the county authority to weigh in and regulate mining and quarries along the river. COMMISSIONER WILLIAMS: That's one of the topics I thought we'd touch on, because that raises a couple other issues. But I appreciate your comments. MR. EMERSON: Any more questions? JUDGE TINLEY: Anybody have any questions for Mr. Emerson? Thank you, sir. COMMISSIONER WILLIAMS: Can we deal with Mr. Howard? Mr. Howard, can you talk to us about the floodplain and operations in the floodplain, as to where we are with our current order and -- MR. HOWARD: Sure. COMMISSIONER WILLIAMS: -- and whether or not that order could be strengthened in my way? MR. HOWARD: Okay. My name's Mike Howard. I'm State Coordinator for the National Flood Insurance Program with the Texas Commission on Environmental Quality. Actually, I think I was here back in October-November last year on a -- on a different subject. FEMA, which is the driving force behind this, defines "development" as any man-made change to the floodplain. When we have a mining operation, potentially we do have a man-made change to the floodplain. What FEMA requires is that this be reviewed and permitted, which it has _-13-nh 146 1 2 3 4 5 6 7 8 9 10 11 12 --. 1 3 14 15 16 17 18 19 20 21 22 23 24 25 been done. In this case, according to Mr. Odom, we do have an issue with the floodway. The floodway is the area that's necessary to convey a 100-year flood. It's an area that needs to be left open so that it does not restrict flow. What FEMA requires in that case is an engineering study which would show that there is no rise resulting from the development; in this case, the mining operation. All of these have been satisfied. I've received a copy of the -- the permit that was issued to Wheatcraft, and Mr. Odom and I have discussed the engineering study, and those are continuing, as I understand it, as work goes on out there. Most of the work that I went out and saw today is actually outside the 100-year floodplain, outside the floodway as well, so most of the work really doesn't -- it's not a floodplain issue. Those parts that are in, though, like I said, they have been permitted; we do have engineering data to -- is this correct? Right? We do have engineering data? MR. ODOM: Yes. MR. HOWARD: The substantial nature, we're not going to see an increase in any flood heighth as a result of this work. COMMISSIONER WILLIAMS: A lot of the questions that I give have to do with -- with excavation or digging in the floodplain, whether floodway of the river or the floodplain as a whole. Am I given to understand from what you say, then, that there is no regulatory authority which the County has, _ i~ u~, 147 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 through its Flood Damage Prevention Order, that would prevent or in any way limit digging or mining in the floodplain? MR. HOWARD: No, sir. Not in your order as it reads COMMISSIONER WILLIAMS: Okay. There's another mining operation, not the one that is particularly in question, that filed with Mr. Odom's office a plan -- what do you call it, Leonard? A plan for whatever work is going on in the -- execute a plan of action, I guess it is. MR. ODOM: Yeah. COMMISSIONER WILLIAMS: For whatever work is going on in the floodplain. Different mining operation, not the one we're -- that's got the community so upset. But there are segments of the community that are upset because they see this humungous, heavy equipment in what appears to be the floodway, not the floodplain. Who monitors that? Does you -- does T.C.E.Q. monitor that? Does the River Authority monitor that? Does the County monitor that? Who monitors that? MR. HOWARD: It is the County's responsibility. When -- when a -- when a county joins the National Flood Insurance Program, they actually issue three documents to FEMA. They adopt a resolution, which is a promise to do floodplain management. They do a court order -- in this case, it's for a county -- which really outlines the specific task that will be taken; i.e., getting the permit, requiring an -i~-uc 148 1 2 3 9 G 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2L 23 24 25 engineering study if the work's going to be done in the floodway, and then a one-page application form. COMMISSIONER WILLIAMS: Floodway or floodplain? You said floodway. MR. HOWARD: Floodway or floodplain. COMMISSIONER WILLIAMS: Okay. MR. HOWARD: Floodway or floodplain. The -- and for the sake of clarification, the floodway normally is considered considerably smaller than the floodplain itself. It's the area where we have the highest velocity of flow. It is the County's responsibility, to the best of their ability, to see that any work that is done out there is permitted, does have an engineering study, et cetera, et cetera. COMMISSIONER WILLIAMS: Okay. And if we find that that's not being -- happening, then that's for this Court to take up with the County Attorney and -- and proceed along that way? MR. HOWARD: Yes, sir. COMMISSIONER WILLIAMS: That's not something w= could call your agency into? MR. HOWARD: No, sir. No, we have no regulatory authority in that matter. COMMISSIONER WILLIAMS: Okay. MR. HOWARD: 'Cause it would fall under your court order. And I think whatever penalty clause is contained -1.-00 149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 zl 22 23 24 25 within that court order would dictate, you know, how you would proceed on something like that. COMMISSIONER. WILLIAMS: To your knowledge, is there a penalty clause, Leonard? MR. ODOM: Yes. JUDGE TINLEY: What is it? MR. ODOM: $25 a day. Each incident's -- each day's an incident, till it's rectified. COMMISSIONER WILLIAMS: Okay. So, as long as they're working in the floodplain, they can dig very near the river. How deep? MR. HOWARD: There is no specified depth. COMMISSIONER WILLIAMS: No specified depth? MR. HOWARD: No, sir. COMMISSIONER WILLIAMS: In any regulations anywhere? MR. HOWARD: None that I'm aware of. COMMISSIONER WILLIAMS: They can go to China if they think they can get equipment there? MR. HOWARD: Again, none that I'm aware of. COMMISSIONER WILLIAMS: Interesting. MR. HOWARD: I think -- and this came up, I think, when I was here in November. We were talking about development in the floodplain itself. Like I say, the floodway's a very touchy issue. If at all possible, it's good to leave that open. We have golf courses, things like that, -i~ oe 150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that go in up and down various rivers. The more open it is, the better. But there is no -- nothing that prohibits development or mining, in this case, from the floodway. It only says if you're going to do these things in the floodway, you have to show through engineering studies that there will not be any resulting increase in flood heighth. It's commonly referred to as a no-rise. COMMISSIONER WILLIAMS: Mm-hmm. So, I guess it stands to reason that the digging of a huge hole to take material from would probably not contribute to a rise in the level of the river on -- when it's on flood -- MR. HOWARD: Correct. COMMISSIONER WILLIAMS: And, therefore, it wouldn't come under the aegis of the Floodplain Prevention -- Damage Prevention Order. We're only dealing with what causes the river to rise. MR. HOWARD: Yes, sir. COMMISSIONER WILLIAMS: Okay. Anybody else have any questions? JUDGE TINLEY: Any questions for this gentleman? COMMISSIONER NICHOLSON: I've got some opinions. JUDGE TINLEY: Well, I suppose that's the next best thing. COMMISSIONER NICHOLSON: Do we have anybody else to hear from? - l i - ~ h 151 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: We've got some participants that have asked to be heard, and I intend to get to them -- COMMISSIONER NICHOLSON: I think I'll wait. JUDGE TINLEY: -- as we progress here. COMMISSIONER BALDWIN: I do have one question. MR. HOWARD: Yes, sir? COMMISSIONER BALDWIN: T.C.E.Q., formerly known as T.N.R.C.C., and that I think the Legislature labeled as a super-agency maybe at one time, which -- which included the old Air Control Board, Texas Water Commission and some other agencies. MR. HOWARD: Yes, sir. COMMISSIONER BALDWIN: That is correct? MR. HOWARD: Parts of the Health Department, I think, were brought in and so forth, yes, sir. COMMISSIONER BALDWIN: Okay. That's a -- my memory's working, then. Very good, thank you. COMMISSIONER WILLIAMS: Does your division of T.C.E.Q. have anything to do with how water's returned to the river? MR. HOWARD: No, sir. COMMISSIONER WILLIAMS: Which part of your agency does deal with that? MR. HOWARD: I would start with the regional office, Region 13 out of San Antonio. Begin there, and then if they _-~+-u~ 152 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 want to pass it on up to Austin, they'll know the appropriate people that they're going to need to deal with. But I think Bobby Caldwell is head of the water program there in -- in San Antonio. COMMISSIONER WILLIAMS: C-a-1-d -- MR. HOWARD: C-a-1-d-w-e-1-1, yes. COMMISSIONER BALDWIN: He's only been there about 50 years. COMMISSIONER WILLIAMS: I appreciate you coming down, Mr. Howard. I really do. MR. HOWARD: You bet. JUDGE TINLEY: Thank you, sir. MR. HOWARD: You bet. COMMISSIONER WILLIAMS: Judge, while we're going through there, the next item that we had on there has to deal with -- has to do with Senate Bill 1354. And, as the County Attorney noted, that's a piece of legislation that was enacted in the last -- I believe the last regular session of the Legislature, and has to do with the John Graves Scenic P.iverway, which is a portion of the Brazos River Basin and its contributing watershed located downstream of the Morris Sheppard Dam on Possum Kingdom Reservoir in Palo Pinto County and extending to the county line between Parker and Hood Counties. My understanding is that's a single-river piece of legislation. That's a pilot piece of legislation, and it -13-Oh 1 .... G 3 9 5 5 7 8 9 10 11 12 °°^ 13 14 15 16 17 18 19 20 21 22 23 24 25 153 does -- and it's -- periodically the folks up on the Brazos or those counties involved, through whatever their efforts are, I suppose, to report back to the state water -- and talk about water quality and -- and whatever, so forth. So, the real issue is whether or not that makes any sense to have a similar piece of legislation in Kerr County for the -- our section of the Guadalupe River, and if so, how do we get there? I note our friends from the Upper Guadalupe River Authority are here today. Mr. Buck, Janet Robinson, do either of you want to say anything about that as to whether or not that makes any sense? Would your Board of Directors be inclined to join with Kerr County in seeking assistance of our state legislators in a similar venture? I don't know where that will take us, but we never know till we try. MS. ROBINSUN: Commissioner Williams, I don't know that everyone on the Commissioners Court has met our new director. This is Mr. Raymond Buck, and he's here with me today. I'm chairing the Quarry Committee, and it's early days. We just got a copy of this legislation last week. Of comes to mind, thar we would not wish to go forward in pursuing this if they were in conflict with the setbacks that are required under this legislation. This was tailored to their individual situation, and it may not work in our .-i+-oE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 159 situation. Now, whether or not we would seek some other legislative remedy to this problem, of course, we're very interested in Senator Fraser's bill that has to do with quarries, and his representative had come and spoken to the committee and to the public that was invited. And I think that one of the recommendations of the committee may be to support this legislation in the future. But the committee hasn't reported to the board, so I certainly couldn't speak for the board. We are studying the -- the legislation that you mentioned to see if it does conflict with some of the uses of the -- along the river at the present time. Our river -- that section of the river is more pristine than what goes through Kerr County, which already has quite a bit of development along it, so it may not be appropriate to take that bill and try to lay it over our situation. But we're reviewing all those possibilities. We're finding the same situation that you're finding. We, at this time, have no rules as other river authorities do. We haven't ever used a rule-making capacity, so we're kind of at ground zero to see where we might go from here. I think that's all I wanted to say. COMMISSIONER WILLIAMS: Okay. There's a couple other things I just wanted to mention. I appreciate it. Thank you for coming, Janet and R.ay, both of you. County Attorney mentioned Limestone County, and I believe you i3-oE 155 1 3 9 5 6 7 8 9 10 11 12 ~-- 13 14 15 16 17 18 19 20 21 ?2 23 "` 2 4 25 mentioned Hays County. Is that right, Mr. County Attorney? In Hays County, they have a very similar situation, and that Commissioners Court is doing its best to seek legislation as well, and they have been in touch with their legislator, who happens to be Patrick Rose. I believe he introduced legislation last time, but it didn't go anywhere. And the information I have -- I'll condense it here -- is that during the legislative interim -- and this is Mr. Rose's writing, nobody else; not our legislator or anybody else. "Our office will also continue to reach out to like-minded legislators to build a bipartisan delegation that is ready to work on and pass legislation in the next session to prevent situations like ours in Hays County." Theirs is very identical to the situation that we're experiencing here right now. "I will refile," said Mr. Rose, "legislation to require a quarry permit to be obtained before quarry operations begin. The quarry permit would include a site plan assessing the environmental soundness of the proposed operation, including a report from an independent hydrologist, a blasting plan, including a requirement that all blasting be monitored with a seismograph or vibration monitor, and a requirement that quarry operators properly construct and maintaLn all access driveway, acceleration/deceleration lanes, turn lanes," blab, blab, blab, blab, blab. so, there are others who are also working on this. I'm not going to ask the -1 <-Ge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~1 22 23 24 25 156 Court to do anything with me today, or for this. I just want to air the subject at a subsequent meeting. I -- I will try to draft a resolution that the Court can weigh in on, take a look at, about seeking assistance from our legislators in this regard. I'm also going to ask the Court to consider at a later -- at a subsequent meeting, a resolution that would enable your agency, the Commissioners Court, to see what, if any, assistance we can get from Guadalupe'Blanco River Authority. I think, probably, together we can do things maybe equal to or maybe better than we could singularly, and the more weight that we have coming out of Kerr County, it seems to me, the better that would be. The other item I think we had deals with a legislation issue. There was -- and I gave this to the County Attorney; I hope he had an opportunity to review it -- a community covenant that was negotiated between Burnet County and Capital Aggregates of Austin, and it dealt with issues, I assume, that were issues aside from what T.C.E.Q. typically deals with, like air quality and water and so forth and so on. Rex, did you have a chance to look at that, and do you have any comments on that? MR. EMERSON: I did have a chance to look at it, Bill, very briefly, and this covenant is basically just an agreement between the county and the operating entity. It -- mostly, it addresses issues in addition to the T.C.E.Q. i;-oh 157 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 issues, and it's a concession of operating conditions to minimize the impact on the community. But it's important to note that this was voluntarily agreed to between the operating entity and the community. I mean, it's not something that we could step in and -- and force a quarry to do up front. COMMISSIONER WILLIAMS: It was a voluntary agreement between the aggregate operator and Burnet County? MR. EMERSON: That's correct. And as part of that -- and I don't mention -- I don't think I mentioned this earlier, but the actual regulation of the mining of the quarries and the pits is out of Austin. COMMISSIONER WILLIAMS: I'm sorry? MR. EMERSON: The actual regulation of mining quarries and pits is out of a specific regulatory agency in Austin. So, this is over and above whatever that commission is doing. COMMISSIONER WILLIAMS: Okay, thank you. Judge, I think it would be proper to take comments from people or ask questions or whatever. JUDGE TINLEY: We've had some individuals who've indicated a desire to participate, and I want to give them the opportunity to make their comments. The first one is Mr. Robert C. White. Mr. White? MR. WHITE: Thank you, Judge Tinley and Commissioners. And I especially appreciate what you've been _ L 3 - ~ ~ ~ 1 ..~ 2 3 4 5 h 7 8 9 10 11 12 '°' 1 3 14 15 16 17 18 19 20 21 22 23 ~' 24 25 158 doinq, Mr, Williams, and I hope Mr. Letz is in line with you; he's my Commissioner. I live at 6723 State Highway 27, which is approximately halfway between Center Point and Comfort, and about three miles downstream from where Mr. Wheatcraft has this facility. And I'd like to bring up what my concerns are, and concerns of others who live around me. Air quality is a concern. It's not as much of a concern to me, because I live due east of the place, and seldom do we have a due west wind that would affect me that much. I do live 3 miles downstream, so whatever he does to the river is going to affect me considerably, We have guests come up and swim in the river and fish in the river and all of that, so anything that he does to that river will affect us. Noise is a concern. And I understand at the air quality meeting, from Marci Downing, who lives next door to him, that they're making considerable noise over there. She says she hears the trucks going "beep, beep, beep" ail the time, and when they back up. And I suppose when they get their rock crusher going, that will be even more noise. Traffic is a concern. As you mention, there will be a lot of big trucks moving -- going in and out of the place. One of my main concerns is, what are they going to do to our aquifer if they get this well permit? I think the number was something like 700 gallons a minute they'd be drawing out of the aquifer. My well is in the same aquifer that their well would l~-ac 159 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 be in, and in 2000 I had to lower my well because of not enough water available in that aquifer. And my neighbors on the flood people might look at that I think will affect it, and that is I believe there were cypress trees along that river at one time, and I think it's illegal to cut down cypress trees. And I don't see any cypress trees over there on that side of the river when I drive down the 1341. And I'd like to just state to the Court that, in my observation, Mr. Jerry Wheatfield (sic) is not a law-abiding citizen. He has broken the law, and he's been cited for mining without a permit, for using water out of the river without the proper permit, and it sounded like today they brought up that he didn't quite get his septic system up to snuff without a permit. So, I would just like y'all to consider that any limitations we place on him may not be obeyed, because he does not have a record of doing so. And I also wondered if anybody has contacted the federal EPA to see if they can do anything to help us out. Thank you. JUDGE TINLEY: Thank you, Mr. White. Frances Lovett. Ms. Lovett? MS. LOVETT: I'm Frances Lovett. I live at 6749 Highway 27, with a Comfort address, actually. But I -- I was wanting to speak to you in reference to 1.24, an effort to get some legislators and everyone involved in this interested, _ is-oo 160 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because, obviously, the gravel industry will continue to grow. I'm sure you gentlemen are all aware that the -- that it -- the gravel produced in Kerr County is much cheaper than the gravel produced in the pits around San Antonio. Therefore, it's very cost-effective for contractors and road -- and people doing road construction to drive up here, even with our high gas prices, and haul gravel back to San Antonio. Certainly, the road construction won't settle down. Construction won't slow down, and so I perceive that our gravel industry will do nothing but e:ipand in the county. And right now, I would guess most of the operations are in east Kerr County, but I can see that with the ongoing need for gravel, it will probably extend even west to our more pristine areas of the county. And as -- so, for that reason, I feel like we need to get together with our state legislators and get some legislation -- legislation in place similar to Mr. Fraser's bill, because -- Senator Fraser's bill, because apparently his bill was soundly defeated in the last Legislature; there was just no interest. And there's just a couple of real -- real quick other things. I -- I would hope that if we can arrange a meeting with all interested parties, that there would be someone there to address the heavy traffic, those -- I haven't seen such huge trucks. They're the size of semis who go by my house every day. I live on Highway 27. So, does the County 2-13-~~6 161 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 pay anything on road maintenance along Highway ~7? If it's a high -- if it's a state highway, I'm not sure, but certainly the maintenance is going to be increased along Highway 27 with those huge trucks. Safety, I think everyone's already brought up maybe the DOT could help us with that if we could get a stale water, mosquito breeding and West Nile virus, so that's an ongoing issue for all of us. And as far as river rise, as far as -- as the consideration for -- within the floodplain, river rise may be the common denominator or the thing we look at, but I guarantee you, when -- when the river bed is cleared out, the velocity picks up. I live down river, and I have lived there for 35 years, and every little bit of vegetation, cypress trees or whatever, that is cleared off along the riverbank, as Mr. Wheatcraft has cleared it off, increases the river velocity and the damage to his next-door neighbor and the rest of us downstream. Thank you. JUDGE TINLEY: Thank you Ms. Lovett. Mr. Robert Ligon. MR. LIGON Wheatcraft Quarries. My concern continues to be that our school children are required by law to attend school, yet the possibility of -- of them developing new health problems or -is-oh 162 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 aggravating health problems they may already have is quite possible that it can rise with the -- with the quarrying that is -- that is anticipated to take place at Wheatcraft. And I just can't understand why we don't have some kind of law in our county that is going to protect these children from this abuse that they're going to be subjected to. You know, the ag barn, the F.F.A., the football field, the baseball field, all of those practice fields are -- are right down there on the river. The wind is predominantly northwest, so it blows up through the school, so the children that are in the school yards will be subjected to the dust and things that come -- that come up the river. The noise will be something that the classrooms will have to deal with. The kids, when they go on breaks and they go outside and there's a lot of noise, they're going to have to talk louder to -- just to converse. I mean, there's just a multitude of things that's going to happen to the school up there, and no one, you know, seems to really be looking at the effects that this is going to have on the school children. And, as has already been pointed out, a quarter of the children there in school suffer from respiratory problems, and I really feel like we need to do something. There should be something that we can do to make sure that our children are not -- do not suffer if this permit gets issued and Mr. Wheatcraft starts doing his quarrying. That was my -- my first thing. There -- there are i3-oh 163 1 2 3 9 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 some federal laws that pertain to -- I think it was the Clean River Act or the Clear River Act. I don't know exactly how it works, but it would seem like -- I don't know; maybe the County doesn't have any authority, but it seems like they would be able to turn on someone that does have the authority. not there's something that we may be missing, you know. Ms. Robinson had indicated that there seems to be, maybe, a -- a conflict here between -- was it the Graves? COMMISSIONER WILLIAMS: Senate Bill 1359. MR. LIGON: Right, and what we have now. But it seems like we could -- we could pass something so that this won't happen in the future. We may not be able to do anything about what's happening today, but maybe we can do something to control these things in the future. I certainly hope that we would do something like that, and I would certainly hope that you gentlemen on the Commissioners Court would also consider some kind of boundary. I mean, to just let someone come into a town and start mining and just -- you know, just seems like, you know, there should be a mile, 2 miles, 3 miles or something, that an operation such as this cannot come into a school or a hospital area. I mean, there should be something definitely stated so that people know that there are perimeters that they have to operate within, and it seems _ 3 - 0 6 164 1 2 3 4 5 F 7 8 9 10 11 12 -- 13 14 15 16 17 18 19 20 21 22 23 "' 2 4 25 right now there's nothing like that. The T.C.E.Q. seems to be interested that -- if there's a school within 3,000 feet of the operation, but if they are, so what? There's nothing that seems to control if they are within this 3,000 feet. You know, "Oh, we got 3,000 feet." I mean, I don't -- I haven't been able to find anyone that can tell me what's gained by being -- what's gained by asking the question, are there schools or churches within 3,000 feet. And you answer yes, and that just seems to be it. You just check a box off, and nothing transpires from that. And it seems like there should be a trigger that says that if you're within 3,000 feet, then you can't do this. You got to be 4,000 feet or a mile or 2 miles or something like that. So that ordinary persons like myself can -- can look at something and say, well, that's, you know, not within the law. And I -- I've downloaded a lot of laws from the Internet and gone through them, and I can't find anything. And I've talked with people at T.C.E.Q., and no one seems to be able to tell me anything about, you know, any restrictions. He can -- Mr. Wheatcraft can run his operation right up into the school, apparently, and unless people really get sick or something, there's -- you know, there's -- no one cares. And -- COMMISSIONER WILLIAMS: Robert, I think that's an issue that is currently before the T.C.E.Q. That information was placed into the record at the T.C.E.Q. public meeting in -is-ae 165 1 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 °' 24 25 Center Point with respect to his operation in proximity to the local school, churches, et cetera, so that information is in their hands. And I don't -- they haven't rendered a decision on that yet, so I think it's preliminary to indicate that they won't. I don't know that they won't. MR. LIGON: Well, I'm -- COMMISSIONER WILLIAMS: It is an issue. There's no question about that. MR. LIGON: Right. Well, I'm just stating that from the laws I've read and the people I've asked, you know, we say, "Are you within 3,000 feet?" Yes, you are, but -- and that's it. Okay, you just check the box off, and like you say, something might come back, but I'm not sure. But if we can get something like the Graves Act passed for our own area, we can specify something like that in there so that the people that want to open this type of business here and the citizens of the county also will know that -- you know, what the parameters are, is what I'm trying to get at, for our own benefit in the future. And you mentioned that was one of the reasons why we're kind of having this hearing today, is to bring these things up, and I just really feel like, you know, that they are real concerns. Like I said, our school children are required by law to go to school, and yet we're going to turn right around and, you know, we don't know whether there's going to be a problem with the dust or not. .-,~ n~ 166 1 ` 2 3 4 5 6 7 8 9 10 11 12 -- 13 14 15 16 17 18 19 20 '' 1 22 23 "" 2 4 25 But the thing to me is that in so many cases, after the fact, we find that there's a problem, and what I would reasons why I came up here today. I just wanted to kind of point it out. I don't know that you gentlemen on the -- on the Court have -- have been involved in this very much, except what you've read in the newspaper. And I just -- that's one of the reasons why I'm bringing all this up, Mr. Williams, is so that everyone's aware of what's going on, and food for thought for everybody. And I really feel like this is a county-wide problem. It's not something that's going to get smaller. Like the lady here mentioned before, you know, this is a prime area, and so I can see we're going to have a lot more of this in the future. And I'm not trying to -- I'm not trying to put these people out of business, but I'm also trying to make it so that we can -- we know -- everybody knows where we stand and what's going to be required, and I think that would benefit everybody. And it would certainly cut down on a lot of aggravation and doctor bills. COMMISSIONER WILLIAMS: Thank you, Robert. Appreciate that. I want to direct a question to the County Attorney as a result of what you indicated. With respect to the school, we both know that -- that the issue of the proximity was raised at the public meeting, and there is -- =-i~-~~e 167 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 is something about the air quality rules that indicates that -- that that can become an issue. It's up to the T.C.E.Q. to determine to what extent that is an issue and what remedy it would propose; is that correct? MR. EMERSON: That's correct. COMMISSIONER WILLIAMS: My second question -- well, I have a couple other questions. Is there anything that the County -- any authority the County has to be involved in issues that -- with respect to what it would appear are the issues that the school Board of Trustees should take up? Other than to make them aware. MR. EMERSON: Are you talking about the effect on the school, itself? COMMISSIONER WILLIAMS: And anything related to that that goes to air quality or -- or health and safety of the children. MR. EMERSON: That's really the school that has standing. The health -- the County's limited. You know, it falls back on the T.C.E.Q. as the regulatory authority to make that decision, and the County just does not have the statutory authority to do it. The school, with the information that was presented at the hearing in Center Point, would have much more proper standing than the County does in stepping in and raising the issue. It's a direct impact on their teachers, their facilities, and their students. And 3,000 feet -1,-n5 168 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 specifically triggered certain action in the T.C.E.Q. area. COMMISSIONEP. WILLIAMS: To the extent you know, has the EPA -- the federal EPA ceded its jurisdiction in this matter to the T.C.E.Q.? MR. EMERSON: I don't know the answer to that. COMMISSIONER WILLIAMS: Do we know? We don't know. So, a letter from yours truly or anybody else who wishes to invite the federal EPA into the -- into the act would not be counterproductive to what the T.C.E.Q. is doing? Or would it be helpful, or do we know? MR. EMERSON: All they can do is say no, if you notify them. COMMISSIONER WILLIAMS: Okay. MR. EMERSON: And the same issue -- I assume you're going to get to this eventually, anyway. The same issue is the Corps of Engineers being involved in a navigable river in the floodplain. And I don't know to what authority -- or to what extent they've ceded their authority to the state, either. COMMISSIONER WILLIAMS: Judge, I want to go back to what Mr. White asked and talked about for just a second. It has to do with the use -- the proposed use of the water. If I remember the application correctly, Mr. Wheatcraft had indicated he was going to use something like 700 gallons a minute, and this had to do with, I assume, dampening the dust _-1's Ob a. __ 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 169 or whatever. MR. WHITE: Yes. COMMISSIONER WILLIAMS: An operation -- MR. WHITE: Can I say a little bit more? COMMISSIONER WILLIAMS: That's 700 gallons a minute -- come on up. If you think about that, that translates into a tremendous amount of -- MR. WHITE: Yes. COMMISSIONER WILLIAMS: -- of a~~re feet per year. And it did raise some questions that -- and I know that the U.G,R.A.'s looking at some of those questions in terms of how that water -- if he takes it from the river, how that water will be returned to the river. That's an issue they need to look at. MR. WHITE: What was stated at the Center Point meeting was that they're going to have some retention ponds down there that catch the water and recycle it. What they didn't mention is, those retention ponds are gravel, porous gravel, They don't hold anything. COMMISSIONER WILLIAMS: Probably not. MR. WHITE: And, also, when they spray water out on the things, they said they can collect a certain amount of that back. I have my doubts, because lots of that evaporates or it's -- you know, it's gone. It doesn't ever get back down into the river flow. _-13-OG a 170 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 WILLIAMS: The other part of your concern had to deal with taking water from the underground aquifer. MR. WHITE: Yeah, that was -- COMMISSIONER WILLIAMS: He had made an application to Headwaters for another -- for another deep well. Two already exist on the property, and I think Headwaters properly deferred action on his application until he can provide information as to the depth of the two existing wells and all the information they require about that. But I think the public's concern, as you registered, is valid about the impact of the new one he's talking about on all of the other area wells. MR. WHITE: Yes. COMMISSIONER WILLIAMS: And I believe that's in front of them to take a look at. MR. WHITE: Okay. As far as what they have done down at the river, the cutting down of the trees will cause the river to flow our way faster. He's got a lot of gravel piled up around these ponds and stuff he's doing down there that'll probably wind up down at our place and Ms. Lovett's place. I may even see some of his equipment on my property, 'cause he's got it down below the 100-year floodplain. Thank you. COMMISSIONER WILLIAMS: Thank you, sir. _-i;-nF 171 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: Thank you, Mr. White. Is there anyone else here today that wishes to be heard relative to these issues we've been discussing? Anyone at all out there that wishes to be heard in any respect with regard to -- MS. KINNEY: I want to be heard. DODGE TINLEY: Yes, ma'am. Please come forward and give your name and address to the reporter. MS. KINNEY: Yes. I'm Nina Kinney. Bill Williams' our Commissioner. I would like to know -- everybody -- it seems like FEMA, they can't do anything. We have no laws. The County can't do anything. So, can you -- and you can't do anything. Your hands -- everybody's saying, "Our hands are tied," you know. So, where -- what's happened to our law makers? Where are they? What's happened? Why has not some of this -- it's just like saying, no, you can't -- we can't do this, we can't do that, you know. So, these issues -- COMMISSIONER WILLIAMS: They don't go away, Nina. MS. KINNEY: Huh? COMMISSIONER WILLIAMS: The issues don't go away. They're still out there. MS. KINNEY: The issues are there, but there's no law. COMMISSIONER WILLIAMS: The issues are there, but what the County Attorney is telling us is that the County doesn't have the authority to -- -i~-oh 172 MS. KINNEY: The County can't -- yes. So, who's passing these laws in the county? COMMISSIONER WILLIAMS: I'll give you his name if 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E 17 lE 1~ 2C 2. 2: 2: 2 2 you -- MS. KINNEY: Okay, I just wanted to say that. COMMISSIONER BALDWIN: He's nat in this room. COMMISSIONER WILLIAMS: He's not present today, but Commissioner Baldwin reminds me. JUDGE TINLEY: Thank you, ma'am. Is there anyone else? Anyone else that wishes to be heard in any respect with regard to these issues? You had some more comments, Mr. White? MR. WHITE: Yes. I'm just wondering if -- you know, like they got the mafia, if you guys just can't tax them out of existence. (Laughter.) COMMISSIONER NICHOLSON: We're trying our best. MR. WHITE: Consider that. COMMISSIONER WILLIAMS: That's not a bad thought. JUDGE TINLEY: Anyone else wish to be heard on this issue in any respect? Novel approach, Mr. White. Very novel. COMMISSIONER WILLIAMS: I thank you, Judge, for -- and the Commissioners for allowing all this -- go ahead, Dave. COMMISSIONER NICHOLSON: I want to take three or four minutes and give you my thinking on it. I tried to simplify all of this, and certainly, it makes it simpler to _l~_~r, 173 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 learn that we don't have any authority to directly act on this issue. But I boil it down to, if we could satisfy four needs, most of our problems go away. And the first need would be to protect the river, make sure the river's not being hurt. Second need would be to protect the health and safety of our citizens, make sure that no one's safety or health is being adversely impacted by the operation. The third one would be to protect property rights, and one of the property rights issues is Mr. Wheatcraft's. He's got a -- he's an entrepreneur. He's got an investment in this. He's producing a needed product. He's providing jobs and he's paying taxes. I sense a whole lot of piling on going on when it comes to his property rights. And then the fourth need we have is for those materials. We can't import materials from Waco to build our roads and -- and infrastructure. We need caliche and gravel and local construction materials. So, all -- with all the other issues, we almost -- I thought I was going to hear that this gravel pit was going to be the ruination of high school football. (Laughter.) COMMISSIONER WILLIAMS: Not yet. COMMISSIONER NICHOLSON: Not yet. And I wonder if what's happening isn't just part of the "not in my back yard" syndrome. Yeah, we need gravel, but don't mine it across the street from me. Maybe the -- for those who are frustrated that there are no regulatory bodies that are stepping forward -i~-a c. 174 1 2 3 9 5 E 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 to give you any help, maybe the answer is the civil courts. That's why we have civil courts. That's what judges and COMMISSIONER BALDWIN: I've got a comment before you JUDGE TINLEY: Commissioner Baldwin? COMMISSIONER BALDWIN: Thank you, sir. I appreciate I think that's a little different slant, and very things like that, but I do appreciate those views. But, you know, if I were -- if I was sitting in Mr. Wheatcraft's chair right now and I was hearing that the county government was breathing down my neck, and the river authority was breathing down my neck, and the state agency was sitting here looking at me, and we're talking about the health of our children and our neighbors being angry with us, I think if I were Mr. Wheatcraft, I would cease and desist, fold my tent and go home. Now, I don't -- I've known old Jerry a pretty good while, and he's as hard-headed as I am, and I don't think he's going to do that. But, you know, it doesn't appear that there's any law that we can drop on him to tell him to quit doing what he's doing. But just out of -- out of courtesy, if nothing else, to the overall picture, if I were you, buddy, -1 3-(I b 175 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 I'd head to the hills. But I'm not you. But that's my only comment. That's it. JUDGE TINLEY: Do you have any further comments? COMMISSIONER WILLIAMS: No, Judge, just except to say thank you to the Court and to you for letting us have this discussion. I think it's helpful, and I believe that if we have an opportunity, we have an opportunity -- we have the opportunity to attempt to engage other agencies, and I think our best interest for that is to work with our River Authority and our Underground Conservation District and see if we can convince the state Legislature that additional laws are necessary on the books to protect the health and safety of the citizens. JUDGE TINLEY: One more chance out here. MR. WHITE: Item 1.24 mentions authorizing -- authorize an official meeting. Is that going to be done? COMMISSIONER WILLIAMS: I'll bring that back to the Court, Mr. White. I'll frame a resolution and I'll bring it back to the Court. JUDGE TINLEY: Anything else by anyone out here? I want you to have every opportunity to be heard and to have whatever input that you want, for whatever purpose. I appreciate your participation. From my standpoint, I'm -- sometimes it's real difficult to strike an acceptable balance between private property rights and what's perceived as needed -i~ nh 176 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 regulatory authority. I can certainly understand that -- that Mr. Wheatcraft has a legitimate stake in his investment and wanting to conduct his business, as long as he can do so lawfully. And maybe the Legislature or the regulatory agencies that implement the legislative policy are a bit behind the curve. Onfortunately, legislation is generally reactive instead of proactive. I think we all recognize that, and sometimes it takes a problem before there's even an attempt to find a solution. In any respect, I would hope that there would be continued communication, both to and from the parties in interest, and while it may not solve the problem, it at least gives us an opportunity to work on a solution, and we might narrow the issues and -- and diminish the scope of the problem, at least as it's perceived from either side, and I'd encourage that. I wish I had a real easy answer. I'd throw it out I -- I think what might be helpful is if each of us would try and put ourselves in the shoes of the other participants here, and maybe we'll have a better feeling about the competing interests and -- and the need to find some sort of middle ground and compromise solution. But sometimes it's tough to do, and I understand that. The Legislature, obviously, is going to be looking at this. Maybe not necessarily because of what has occurred here or very nearby, but they're already _-13-U6 177 1 2 3 4 5 6 7 8 9 10 11 1G 13 14 15 16 17 18 19 20 21 22 23 24 25 looking at it. They have looked at it before, as indicated by some previous committee reports which we've seen. But we'll continue to work on the problem, and I hope you will too. Anything else, gentlemen? Thank you. We'll stand adjourned. MS. PIEFER: Judge, before you adjourn, can we go back to Item 1.6? I called Hart and I did get that corrected. I see what you were talking about. The reason I -- COMMISSIONER NICHOLSON: We need to hear this. We're facing a deadline on paying a penalty. JUDGE TINLEY: Let me withdraw my declaration of adjournment here, and I'm going to let these people clear the room here. (Discussion off the record.) MS. PIEPER: Judge, the backup that was on the other one is the actual invoice, without these changes. JUDGE TINLEY: Stand at ease here a minute till we get where we need to be. (Discussion off the record.) JUDGE TINLEY: Okay, let's come back to order. The County Clerk wanted to go back to agenda Item Number 2. COMMISSIONER BALDWIN: 6. JUDGE TINLEY: Excuse me? MS. PIEPER: 1.6, I believe. JUDGE TINLEY: To 6; consider, discuss, and take appropriate action approving trading in three eSlate machines -13-i r 178 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 for a Disabled Access Unit and a Judge's Booth Controller with Hart InterCivic. COMMISSIONER BALDWIN: Judge, are we still -- JUDGE TINLEY: Is that what we got? MS. PIEPER: Yes. That was just faxed in a while ago. COMMISSIONER BALDWIN: So we're still operating on two different pieces of paper? JUDGE TINLEY: Well, now we're operating on three different pieces of paper. COMMISSIONER BALDWIN: Oh, good. MS. PIEPER: The backup -- I realize your backup is an invoice that I received January 26th, and now we're going to work off this backup, this backup I just gave you, which is a change order. COMMISSIONER BALDWIN: Okay. MS. PIEPER: And I need this change order approved. It now lists that we are trading in three eSlates, and it is giving us credit for that. JUDGE TINLEY: At $7,500 credit, which fits with my numbers at 25 a copy. And it says add one eSlate and a disabled assistance -- actually, access unit upgrade, which is a $500 charge, on top, which that's a plus $3,000. That's -- that squares. Add one 2,500 Judge's -- MS. PIEPER: Judge's Booth Controller. -~?-uh 179 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ L L 23 24 25 JUDGE TINLEY: -- Booth Controller. That number squares. And then there are some other adjustments, and it appears to me like they're going to give us an $1,890 credit. MS. PIEPER: That is correct. JUDGE TINLEY: Okay. We're giving up three, they're turning around and giving us one back with a $500 upgrade. So -- COMMISSIONER BALDWIN: That upgrade allows the hearing-impaired to -- MS. PIEPER: Yes. COMMISSIONER BALDWIN: -- to hear all the candidates, et cetera? MS. PIEPER: That is what makes us in compliance with the H.A.V.A. COMMISSIONER BALDWIN: Yeah, okay. COMMISSIONER WILLIAMS: What? MS. PIEPER: That is what makes us in compliance with H.A.V.A. COMMISSIONER WILLIAMS: Havinq just one of them available, or all of them? MS. PIEPER: No, we will have one in each polling location. COMMISSIONER WILLIAMS: And they'll all become -- MS. PIEPER: And they are all A.D.A. complaint. COMMISSIONER WILLIAMS: Okay. -13-i~6 180 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,~ 23 24 25 MS. PIEPER: However, this will give me one for a backup. COMMISSIONER WILLIAMS: Okay. COMMISSIONER NICHOLSON: Jannett, I heard a question earlier that I didn't know the answer to. How does this help hearing-impaired? MS. PIEPER: It doesn't, because normally they're going to read their ballot. If they're hearing-impaired, we have written instructions in English and in Spanish, and then they can read their ballot. COMMISSIONER NICHOLSON: Do we have any way of knowing how many people are going to benefit from this quarter-of-a-million-dollar solution? MS. PIEPER: I have no idea. COMMISSIONER NICHOLSON: Is it one at each polling place, or a handful? MS. PIEPER: I see several in early voting, but it's not a lot. Not what I would call a lot. COMMISSIONER NICHOLSON: I guess it doesn't make any difference. IT Washington says we do it, we do it. COMMISSIONER BALDWIN: Tell me about if we don't do it, quickly. What happens? MS. PIEPER: Well, I -- COMMISSIONER BALDWIN: There's a penalty? MS. PIEPER: I received the original invoice _-13-06 1 2 3 4 5 5 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 ~3 29 25 181 January 26th. I have it as backup on the first agenda item, because that's all I had at that point. Now, if y'all approve me to do this, to trade in the three eSlates and get the one DAU, I use the Judge's Internet user code and password. I need to go in and modify the grant, and then I need to go in and seek reimbursement using the Auditor's password and user ID so we can get this invoir_e paid, because it's -- because it's already -- it's dated January 26th, and if we don't get it paid within a month, I don't want that 10 percent penalty coming back on me. COMMISSIONER NICHOLSON: That would be bad. COMMISSIONER WILLIAMS: So, we haven't paid the 272,162.50? MS. PIEPER: No, we have not. JUDGE TINLEY: Well, the numbers as you've presented them here on this modified change order, when they wash through, we would be entitled to an $1,890 credit, and based upon the bottom line which they're now showing, that credit would be -- would be reflected there. I -- I assume it wouldn't be a problem getting it changed over at the Secretary of State's office under that grant, but -- MS. PIEPER: No. I talked to Jennifer Holliman. JUDGE TINLEY: Lesser funds. MS. FIEPER: She's fine with it. COMMISSIONER NICHOLSON: Do we need a motion? _-lj-~ih 182 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 29 25 MS. PIEPER: Yes, please. COMMISSIONER NICHOLSON: What's the motion need to do? MS. PIEPER: To allow me to trade in three eSlates and obtain one DAU and one JBC. COMMISSIONER NICHOLSON: And receive an $1,890 credit? MS. PIEPER: Yes. COMMISSIONER NICHOLSON: I'll make that motion. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item as indicated. Any question or discussion? COMMISSIONER BALDWIN: I will be -- well, we'll all be with these nice folks next month at our convention, and I'm going to give them a piece of my mind. JUDGE TINLEY: And you're going to try and increase our credit? COMMISSIONER BALDWIN: No. I really don't want to have anything to do with them, to be honest. COMMISSIONER WILLIAMS: The Secretary of State or H.A.V.A. people? COMMISSIONER BALDWIN: Hart. COMMISSIONER WILLIAMS: Oh, Hart InterCivic. COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: Any or questions or comments? All in _-13-0~, 183 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 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. Anything else, gentlemen? COMMISSIONER WILLIAMS: That's enough for one day, Judge. JUDGE TINLEY: Now we're adjourned. (Commissioners Court adjourned at 2:47 p.m.) - 1 3 - U F 184 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1J 1H 17 18 19 20 21 22 23 24 25 STATE OF TEXAS COUNTY OF KERR The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 21st day of February, 2006. JANNETT PIEPER, Kerr County Clerk BY: ____ __ _ ------ - Kathy anik, Deputy County Clerk Certified Shorthand Reporter -i.-~~c ORDER NO. 29546 BOY SCOUT LAW ENFORCEMENT DAY Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 3-0-0 to: Approve of the use of the Exhibit Center, and that the fee for use be waived, for Saturday, October 14, 2006. ORDER NO. 29547 APPROVE AIS 150 BALLOT SCANNERS SURPLUS Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Williams. The Court unanimously approved by vote of 3-0-0 to: Declare the AIS 150 Ballot Scanners surplus. ORDER NO.29548 APPROVE ANNUAL ACCOUNTS AND STATUS OF INVESTMENTS Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 3-0-0 to: Approve the Annual Accounts and status of investments pursuant to the provisions of the Texas Probate Code 887(b). ORDER NO. 29549 ACCEPT GRANT OF REAL PROPERTY DONATED BY NOWLIN AND BECKY McBRYDE Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Williams. The Court unanimously approved by vote of 3-0-0 to: Accept the grant of real property donated by Nowlin and Becky McBryde to Kerr County. ORDER NO.29550 SET PUBLIC HEARING FOR REVISION OF PLAT LOTS #3, 4 & 5 OF JAPONICA HILLS, PCT. 4 Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 3-0-0 to: Set public hearing for Revision of Plat Lots #3, 4 & 5 of Japonica Hills, Pct. 4 for March 13, 2006 at 10:10 a.m. ORDER NO. 29551 ACCEPT RESIGNATION OF F. C. HENSON FROM BOARD OF COMMISSIONERS OF KERR COUNTY EMERGENCY SERVICE DISTRICT #2 Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 3-0-0 to: Approve the resignation of F. C. Henson from the Board of Commissioners of Kerr County Emergency Service District #2. ORDER NO. 29552 ALLOW ROAD & BRIDGE TO ADVERTISE FOR ANNUAL BIDS ON TRAP ROCK AGGREGATE, ASPHALT EMULSION OILS, CORRUGATED METAL PIPE, ROAD BASE MATERIAL, BLACK BASE, AND COLD MIX Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioner Williams. The Court unanimously approved by vote of 3-0-0 to: Approve Road & Bridge advertising for annual bids on Trap Rock Aggregate, Asphalt Emulsion Oils, Corrugated Metal Pipe, Road Base Material, Black Base, and Cold Mix. ORDER NO.29553 REVISION OF PLAT LOTS 79 & 80, CYPRESS PARK, SECTION TWO, PCT. 3 Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Williams. The Court unanimously approved by vote of 3-0-0 to: Set a public hearing for the Revision of plat for Lots 79 & 80, Cypress Park, Section Two, Precinct 3 for March 13, 2006 at 10:15 a.m. ORDER NO. 29554 PRELIMINARY PLAT OF CYPRESS SPRINGS ESTATES PHASE 2, SECTION TWO, PCT. 4 Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 3-0-0 to: Approve the Preliminary Plat of Cypress Springs Estates, Phase 2, Section Two, Precinct 4. ORDER NO. 29555 NOMINATE BOARD OF COMMISSIONERS OF KERR COUNTY EMERGENCY SERVICE DISTRICT #1 Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 3-0-0 to: Appoint to two-year terms on the Kerr County Emergency Services District Number 1 the following: Kenneth Wood, Donald Oehler, and Mrs. Jo Ann Varner. ORDER NO. 29556 ALLOW SOUTH TEXAS BLOOD & TISSUE CENTER TO PROVIDE BLOOD DRIVE FOR BRENDA GEURIN Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 3-0-0 to: Allow the South Texas Blood & Tissue Center to provide a blood drive for Brenda Geurin and to place the unit here on the Courthouse property at the time indicated. ORDER NO. 29557 CORRECT PUBLIC HEARING DATE ON COURT ORDER #29531 FROM MARCH 6 TO MARCH 13, 2006 Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 3-0-0 to: Approve the correction of the public hearing date on Court Order #29531 from March 6, to March 13, 2006. ORDER NO.29558 APPROVE RESOLUTION FOR APPLICATION FOR VICTIMS OF CRIME ACT (VOCA) GRANT FOR 2006-2007 GRANT YEAR (JULY 1, 2006 TO JUNE 30, 2007) TO FUND CRIME VICTIMS' RIGHTS COORDINATOR PROGRAM Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 3-0-0 to: Approve the Application to the Victims of Crime Act Grant for the 2006- 2007 grant year (July 1, 2006 to June 30, 2007) to fund the Crime Victims' Rights Coordinator Program. ORDER NO.29559 FLAT ROCK LAKE PARK, EASTER WEEKEND, APRIL 15-16 FOR ANNUAL EASTER FEST Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 3-0-0 to: Approve request by Mr. Karl Buehler to use Flat Rock Lake Park, for their annual Easter Weekend, dates to be April 13 through 15. ORDER NO. 29560 ACCEPT SUB-AWARD UNDER HOMELAND SECURITY GRANT PROGRAM AND AUTHORIZE COUNTY JUDGE TO SIGN ACCEPTANCE Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioner Williams. The Court unanimously approved by vote of 3-0-0 to: Accept sub-award under Homeland Security Grant Program and authorize County Judge to sign acceptance. ORDER NO.29561 INDIGENT DEFENSE GRANT AWARD Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 3-0-0 to: Accept an Indigent Defense Grant Award and authorize County Judge to sign same. ORDER NO. 29562 SUBMIT AACOG GRANT APPLICATION FOR EQUIPMENT FOR ENVIRONMENTAL HEALTH DEPARTMENT Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 3-0-0 to: Approve submission of an AACOG Grant Application for equipment for the Environmental Health Department. ORDER NO. 29563 CLAIMS AND ACCOUNTS Came to be heard this the 13th day of February, 2006, came to be considered by the Court various Commissioners Precincts, which said Claims and Accounts are: Accounts Expense 10-General $ 170,066.22 14-Fire Protection $ 11,416.67 15-Road & Bridge $ 110,832.10 18-County Law Library $ 3,546.79 19-Public Library $ 25,000.00 21-TITLE IV-E $ 396.70 26-JP Technology $ 706.25 50-Indigent Health Care $ 104,558.06 70-Permanent Improvement $ 17,971.00 76-Juvenile Detention Facility $ 9,360.93 81-District Administration $ 1,319.70 TOTAL $ 455,174.42 Upon motion made by Commissioner Nicholson, seconded by Commissioner Baldwin, the Court unanimously approved by vote of 3-0-0 to pay the claims and accounts. ORDER NO. 29564 BUDGET AMENDMENT CERT OF OBLIGATION S. 2005 GENERAL FUND Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Nicholson, the Court unanimously approved by vote of 3-0-0 to declare an Emergency and authorize an interim and/or temporary transfer of sufficient funds, $177,000, to make the bond payment which is due on February 15, 2006, and that when the tax revenues have arrived, that they be replaced in the general fund: Expense Code Description 58-390-015 Transferln 10-700-015 Transfer Out 58-700-015 Transfer Out 10-390-015 Transferln Amendment Increase/()Decrease + $177,000.00 + $177,000.00# + $177,000.00 *-Balance of funds needed to pay Principal & Interest payment on bonds due 02/15/06. #-Set up reimb to GENERAL FUND from anticipated ad valorem taxes yet to be collected. ORDER NO. 29565 BUDGET AMENDMENT CONTRACTUAL OBLIGATIONS S. 2001 GENERAL FUND Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Williams, the Court unanimously approved by vote of 3-0-0 to declare an Emergency and transfer the following expense codes: Expense Code Description 59-390-015 Transferln 10-700-015 Transfer Out 59-700-015 Transfer Out 10-390-015 Transfer In Amendment Increase/()Decrease + $7,500 00* + $7,500 00 + $7,500.00# + $7,500.00 *-Balance of funds needed to pay Principal & Interest payment on bonds due 02/15/06. #-Set up reimb to GENERAL FUND from anticipated ad valorem taxes yet to be collected. ORDER NO. 29566 BUDGET AMENDMENT INDIGENT HEALTH CARE Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin, the Court unanimously approved by vote of 3-0-0 to transfer the following expense codes: Expense Code Description 50-641-486 Third Party Administration 50-641-563 Software Maintenance Amendment Increase/()Decrease + $12,000.00 - ($12,000.00) ORDER NO. 29567 BUDGET AMENDMENT 198TH DISTRICT COURT Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioner Williams, the Court unanimously approved by vote of 3-0-0 to transfer the following expense codes: Expense Code Description 10-436-569 Operating Equipment 10-436-417 Special Trials Amendment Increase/()Decrease + $595.12 - ($595.12) Current expense is for replacement computer and monitor for District Judge. ORDER NO. 29568 BUDGET AMENDMENT ROAD AND BRIDGE Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by vote of 3-0-0 to transfer the following expense codes: Expense Code Description 15-611-480 Insurance-Vehicles 15-611-599 Contingencies Amendment Increase/()Decrease + $827.47 - ($827.47) ORDER NO.29569 BUDGET AMENDMENT SHERIFF'S DEPARTMENT COUNTY JAIL Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioner Williams, the Court unanimously approved by vote of 3-0-0 to transfer the following expense codes: Expense Code Description 10-560-104 Deputies Salaries 10-560-202 Grouplnsurance 10-512-202 Grouplnsurance Amendment Increase/ODecrease + 22,866.50' - ($11,433.25) - ($11,433.25) *-To cover salary for 1 Task Force officer from 04/01/06-09/30/06 after Grant expires. ORDER NO.29570 BUDGET AMENDMENT DETENTION FACILITY Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Nicholson, the Court unanimously approved by vote of 3-0-0 to transfer the following expense codes: Expense Code Description 76-572-332 Food 76-572-202 Grouplnsurance Amendment Increase/()Decrease + $3,388.73 - ($3,388.73) ORDER NO. 29571 MONTHLY REPORTS Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Williams, the Court unanimously approved by vote of 3-0-0 the following monthly reports: Sheriffs Department JP #2 JP #3 County Clerk -General and Trust District Clerk ~--. JP #4 ORDER NO. 29572 TRADE IN 3 eSLATE MACHINES FOR A DISABLED ACCESS UNIT (DAU) AND A JUDGES BOOTH CONTROLLER (JBC) WITH HART INTERCIVIC Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 3-0-0 to: Allow County Clerk to trade in 3 eSlate machines for one Disabled Access Unit (DAU) and one Judges Booth Controller (JBC) with Hart Intercivic and receive a credit for $1,890.00.