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 KERR COUNTY COMMISSIONERS COURT Regular Session Monday, April 10, 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 JONATHAN LETZ, Commissioner Pct. 3 DAVE NICHOLSON, Commissioner Pct. 4 _9 v V <,j 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 z I N D E X April 10, 2006 PAGE --- Commissioners' Comments 5 1.1 Consider/discuss approval of Proclamation for National Day of Prayer 12 1.2 Consider/take action to approve contract between Kerr County and Mountain Home Volunteer Fire Department for the long-term lease of 2.1 acres of land owned by Kerr County 13 1.4 Consider/discuss, take appropriate action on request to install sign(s) at Flat Rock Lake Park 19 Consider/approve proposed Bylaws of the Advisory Board of the Butt-Holdsworth Memorial Library 28 1.5 Consider/discuss, take appropriate action for Revision of Plat for Lot 60, Wood Trails Ranch, and set public hearing for same 33 1.6 Consider/discuss, take appropriate action to award annual bids for road base, cold mix, aggregate, emulsion oil, corrugated metal pipe, and equipment by-the-hour 53 1.7 Consider/discuss, take appropriate action to consider abandoning, vacating, and discontinuing approximately 89.83 ft. of Drummund Drive, set a public hearing for same 56 1.8 Revision of resolution in support of Special Prosecutor's application for renewal of VAWA grant funds for F.Y. 2006-2007, to include language required by CJD 61 Consider/discuss, take appropriate action on interlocal agreement between UGRA and Kerr County that provides match funding required in TWDB contract for preliminary planning & engineering for Center Point wastewater collection system 63 1.10 Consider/discuss, take appropriate action to authorize Request for Proposals/Qualifications process for consultants and registered engineers to provide basic and special engineering services for Center Point wastewater facilities project 67 3 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 N D E X (Continued) April 10, 2006 PAGE 1.11 Consider/discuss, take appropriate action on hiring consulting engineer to review subdivision engineering documents 69 1.12 Consider/discuss responses to organization development survey, plan an approach to identify changes in the organization of County's work that will improve productivity and/or functioning 70 1.13 Consider/discuss, take appropriate action regarding restructuring the Kerr County Juvenile Detention Center, including, but not limited to, personnel, salaries, and building configuration 89 1.14 Reports from the following Departments: Animal Control -- Extension Office 90 Environmental Health 96 4.1 Pay Bills 99 4.2 Budget Amendments 100 4.3 Late Bills --- 4.4 Approve and Accept Monthly Reports 112 5.1 Reports from Commissioners/Liaison Committee Assignments 113 --- Adjourned 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 On Monday, April 10, 2006, at 9:00 a.m., a regular meeting of the Kerr County Commissioners Court was held in the JUDGE TINLEY: Let me call to order this regularly scheduled meeting of the Kerr County Commissioners Court posted for this time and date, Monday, April the 10th, 2006, at 9 a.m. It is that time now. Commissioner Baldwin? COMMISSIONER BALDWIN: Yes, sir. If you'll stand, have a word of prayer with me, and then we'll do the pledge of allegiance. (Prayer and pledge of allegiance.) COMMISSIONER BALDWIN: Thank you. JUDGE TINLEY: 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, we're happy to have you come forward at this time. If you wish to speak on a listed agenda item, we would ask that you wait until that item is called. And it would help me if you would fill out a participation form at the back of the room so that I don't miss you when we get to that item. However, if you haven't done that and you wish to be heard on that item, get my attention in some way, shape, form, or fashion, and I'll give you the opportunity to be heard. But right now, if there's 9 io ~~6 5 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 any member of the public that wishes to be heard on any matter (No response.) JUDGE TINLEY: COMMISSIONER BALDWIN: I just wanted to say that I had a good time through the 150th birthday functions that we had. Got a little hangover from the city park, and I don't even drink. But -- little bit wild for me, but it was great, and I think that the old-timers were honored and the right thing was done, and it was a great happy birthday party. If anybody's looking for a sporting event to see this week, tomorrow and Wednesday is the 27-9A district track meet championship, and it'll be held here at Kerrville, Tivy, on the brand-new nine-lane track. And it's a beautiful venue for a track meet, you know, got all the new aprons and the finest quality of field and all of that. So, tomorrow and Wednesday is -- and I think there's one in Ingram starting today, but I don't know for sure. But a great sporting event, and it's happening right here in Kerrville, so I just want to remind you of that. That's all I have to say. e-io-o~ 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 JUDGE TINLEY: Thank you. Commissioner Williams? COMMISSIONER WILLIAMS: I just want to follow up on -- on Commissioner Baldwin with respect to the sesquicentennial activities. There's so many people to thank, it's just incredible. I tried to make a list of them, and particularly Joe Herring, Jr., for chairing the 150th committee; and the Chamber of Commerce people, B.K. Cody and Brian Bondy and his staff; Sue Steele and all the ladies that worked with her in putting together the parade; Walter Schellhase and the Historical Commission, Clarabelle Snodgrass working on static displays at the Union Church; and Republican Women of Kerr County, Janet Maltman, all the fine preparations they made for the governor's luncheon. It really was a splendid weekend, and what was great about it was to see how many people participated. It really was neat. Had a good time. Thanks to everyone who had a part in it. JUDGE TINLEY: Commissioner Letz? COMMISSIONER LETZ: Echo what the first two said, They did a really good job of getting that parade route set up and taken down. I don't see how they did it so fast, really. I mean, I knok 30 minutes ahead of time, all the traffic was flowing everywhere, and 30 minutes after it was over, it was back all flowing again. They did a good job of really organizing that 4-10-06 1 2 3 4 5 6 7 8 9 10 11 12 °~ 13 14 15 16 17 18 19 20 21 22 23 24 25 and having their departments out. COMMISSIONER BALDWIN: That's true. COMMISSIONER LETZ: I noticed that. But other than It's green, but it is dry. I just echo bounty, of course, is the fire. We had two pretty serious fires starting on Friday. One started on the Hill Country Youth Ranch west of Ingram, and spread -- got very close to a residential housing area in Ingram, and thankfully, nobody was injured there, or had -- no structures were -- were damaged or destroyed. And then the bigger fire started Friday afternoon on Cherry Springs Ranch. It's an old ranch that was broken up years ago and sold off in 10-, 25-, 100-acre plots, populated largely by hunters and campers, but -- so there's a lot of little hunting camps back in there, and there's also some million-dollar houses, so it's a hodgepodge. It's really rough. It's behind -- the fire started behind the Guadalupe Ranch Estates; you probably know where that is. You pass -- the entrance is there on 1340 just before you get to Mo Ranch. We don't know for sure what started both -- either of the two fires. I've got some clues, and probably will 4-io-ob 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 pursue -- be worth pursuing. The firefighters -- the Hunt firefighters think that somebody burned a brush pile; that's about the first thing they found when they got out there, was a large pile of brush burned, so we may need to do some follow-up on that. Those men and women worked about -- right at 48 hours. Over 40 hours, I know. They were still working Sunday afternoon; got out there Friday afternoon. When I first got there, the first people I ran into, for example, was a retired -- a guy about my age who was vice president for a big company. COMMISSIONER BALDWIN: He's your age, you say? COMMISSIONER NICHOLSON: Yeah. COMMISSIONER BALDWIN: God, what was he doing out there? COMMISSIONER NICHOLSON: Fighting fire. And a woman that's not much younger than me was, with all her protective gear on, crawling up and down the sides of the ravine. And some of the firefighters were having to -- we got the beast in there, and they got close enough, some of them, where they could get a hose to where the fires were, but it was down in some really steep ravines. Quite a number of firefighters were carrying water down there on their back. They have about a 15-minute supply of squirting water, and climb back up the ravine, get some more water. So, those men and women do a terrific job for the county. 9-io-oe 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 29 25 9 COMMISSIONER BALDWIN: Yes, they do. COMMISSIONER LETZ: If I can follow up on fires just briefly, the -- and I haven't decided if I'm going to put the burn ban back on in my precinct or not. It's still not on, COMMISSIONER LETZ: They were not -- when the what they were last Friday, you can't burn in the state of Texas, so -- under T.C.E.Q. rules. And I really -- you know, I don't know; there may be a way to get some attention to that. Maybe we can put it on the next agenda. I think I'll have to have Rex kind of go over what the penalties are, and I would really like to see our law enforcement people and the County Attorney socking it to these people that do fires. I don't care if there's a burn ban on or not; if they're not following state law, I'd like to see some pretty big fines levied, and maybe they'll quit doing this stuff. It's ridiculous when you have, you know, 5, 10 percent humidity and 25 mile-an-hour winds, like we did last week, to be lighting any kind of a fire. And, so -- you know, so the other side of that is, under certain conditions right now, this may be the best time to be burning. There's certain -- you know, certain 9 i~~-uE 10 1 2 3 4 5 6 7 8 9 70 11 12 13 14 15 16 17 18 15 20 21 22 23 24 25 bit of cloud cover, a little bit of drizzle. And that's why I'm leaving it off in my precinct, because it's illegal to do these fires -- start these fires that have been the problems, and it's going to get worse, it looks like, before it gets better, unless we get some substantial rain. JUDGE TINLEY: I was -- COMMISSIONER NICHOLSON: Let me follow up a little bit, Judge. Last Friday, we were under a red flag order, and one opinion I've heard from over the weekend is that -- that to cause a fire like this when there's a red flag alert on is a felony crime. I don't know that that's right, but it's -- it's certainly very serious. COMMISSIONER LETZ: And that's another thing. The burn ban was on in Precinct 4 when these fires started, so, I mean, I think this burn ban issue -- certainly, we can draw some attention to it, but it's not -- the fact that we say you can burn has nothing -- is not -- state law has to be followed either way. COMMISSIONER WLLLIAMS: I think your point's a valid point, but the problem is, while state law prevails and they shouldn't have been burning in this particular instance, people don't look that far. All they look to see is whether the burn ban is on in Precincts 1, 2, 3, and 4, or whether it's off. Nothing else makes any difference. COMMISSIONER LETZ: But it was on in his precinct, 4 10-0~ 11 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 and they were still burning brush piles. COMMISSIONER NICHOLSON: To get to where the -- if started, you have to pass the Ingram Fire Department and the Hunt Fire Department, and both of them have signs up that says burn ban on, so I don't -- it'd be pretty hard to claim ignorance. ~ JUDGE TINLEY: Well, I think the ignorance issue is probably more prevalent here, irrespective of whether the -- irrespective of whether there's a burn ban or not. What we need to rely upon more than anything else is good judgment and common sense. Even if there's not a burn ban in effect, anyone with a modicum of common sense knows if the wind's blowing 15 or 20 miles an hour, that's not a real smart move. And if they've got any question about it, what they ought to do is just pick up the phone and call a representative of the local fire departments or law enforcement and say, "Hey, burn ban's not on and I'm thinking about burning. Anything I need to know about that?" It`s probably more of a common sense issue than anything else, and it's unfortunate that some people don't -- don't rise to that. And with respect to the sesquicentennial, as thank; of course, the lead organizations, the Historical Commission, the Kerrville Area Chamber of Commerce, Mr. Bondy ~-io-o~ ,~,. 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 Y 25 12 and B.K. Cody, and, of course, the committee headed up by Joe Herring, Jr. All of those people did -- did the lion's share of the work, and the committees that they formed with them, as indicated by Commissioner Williams, Sue Steele and, of course, the Republican Women did a wonderful job at their luncheon. Our own Maintenance and Facilities people did a -- did a great job out here getting things ready for our celebration, the kickoff on Friday afternoon, when the governor was with us. And, of course, we're grateful to Grimes for furnishing the tents and some hydration for the people that were there. And we're really happy for all of those who participated. Primarily, I was just ecstatic over the parade crowd; I think it was far in excess of -- of anything we've had in any parades here previously, at least that I've been involved with for 35-plus years. And events down at the park went well, and as Commissioner Letz said, we owe a lot to the City, too. Their -- they provided a lot of law enforcement assistance. Their Public Works people did an absolutely fabulous job with their barricades and their -- and the work that they did in all of these events through the entire weekend, and it was just a huge, huge team effort that I think was a tremendous success, and I thank everybody who participated. Let's get on with the business at hand. First item is to consider, discuss, and approve a proclamation for the National Day of Prayer. I put this on the agenda at the 4-10-OF 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 13 request of Reverend Fern Lancaster. This is an annual thing that has occurred. Ms. Lancaster has asked that the representatives of the Court participate in that, as they have in the past, and I'm sure, assuming this is approved, she'll be contacting the members of the Court to take part in this ceremony. COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item and the proclamation for the National Day of Prayer. 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. i (No response.) i JUDGE TINLEY: That motion does carry. Let's go to Item 2, if we might; consider and take action to approve a contract between Kerr County and the Mountain Home Volunteer Fire Department for the long-term lease of 2.1 acres of land owned by Kerr County located on State Highway 27 in the Mountain Home community. Commissioner Nicholson? Looks like we're right on target, time-wise. COMMISSIONER NICHOLSON: This morning in your in-box was the latest and maybe last version of the contract. So, the one that was attached to your -- the agenda item there has 4-io-o6 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 14 been changed some. Not - - not significantly, just tweaked. But about two years ago - - less than two years ago, this Court approved a contract to lease this property to the Mountain Home Volunteer Fire Department, with some quid pro quo's, particularly understanding that they would provide us with a stable water supply for our Raad and Bridge truck and provide us an area to store materials. The -- the fire department have met with the fire department board, I'd say about five times over the intervening 18 months or so, addressing some of their concerns, and recently they've developed some energy for finding funds to expand and improve their -- their department. So, they -- they've changed their strategy and now, instead of just using the facility that we have there for parking some of their vehicles and storing some stuff, they want to start from scratch acid build a new firehouse, and they think that they can get grants and raise funds to do that. So, the deal that we approved something less than ~ Bridge use. In earlier schemes, we were going to tap into one of the neighbor's wells, and now they plan to drill their own well. We have a large tank out there. I can't remember what size it is. Len, is it 12,000? 9-lU-OF J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L1 22 23 24 25 15 MR. ODOM: 15,000. COMMISSIONER NICHOLSON: 15,000 gallons. And they'll keep that full so that when -- they'll use it to fill therr trucks, and when we're out there working on roads, we'll have a readily accessible supply of water. They'll fence in a space that -- to store Road and Bridge materials, provide some security for that. There's an asphalt tank on that property that we use, and they'll keep that and maintain it. They'll allow us access to the restroom facilities for employees in the new -- new firehouse. In exchange for that, they get a 25-year lease with two 25-year guaranteed renewal options. Essentially, we'd be entering into an agreement that would provide them the opportunity to build on that and know that they're going to be there for up to 75 years. So, I make a i motion that we approve the contract for the lease of 12.1 acres near Mountain Home to the Mountain Home Volunteer Fire Department, and authorize the County Judge to sign same. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item as indicated. Any question or discussion? COMMISSIONER BALDWIN: Commissioner? COMMISSIONER LETZ: Go ahead. COMMISSIONER BALDWIN: Is there any monetary considerations here at all? COMMISSIONER NICHOLSON: No. 4-10-Oh 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 16 ~ COMMISSIONER BALDWIN: Okay. ~ COMMISSIONER LETZ: Is the -- this is to the County Attorney. He's approved the form, and by that -- or he's I~ involved in this, so I presume that there's no problem with the length of the term? It seems long, but -- MR. EMERSON: That's up to y'a11. It's a policy decision. COMMISSIONER LETZ: It's longer than we've done, but I don't have a problem with it, really, JUDGE TINLEY: The other considerations are, of course, there's going to be a well on the premises that the Department is going -- it will be obligated to drill within, what, 180 days, I believe? COMMISSIONER BALDWIN: I didn't see that anywhere, Judge. JUDGE TINLEY: Maybe that was in the earlier agreement. COMMISSIONER LETZ: Well, there's -- I'm looking at the older version. There is a version, "within five years," the one that I'm looking at, Paragraph 2. COMMISSIONER NICHOLSON: No, that's -- COMMISSIONER LETZ: I'm looking at that. I didn't bring in the newest version from my box. MR. EMERSON: There's not any time requirements in the current version. 9-10-06 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 JUDGE TINLEY: Okay. MR. EMERSON: Up to y'all to put them in there. The five years that Commissioner Letz is referring to is in the version that was forwarded from the fire department. JUDGE TINLEY: Okay. And they are going to build a permanent structure there, which, of course, will -- will revert at the end of the lease term and become part of the property, so those two will remain with the property at the end of that lease term, whatever it may be, 25, 50 or 75 years. COMMISSIONER NICHOLSON: It's the intention to do it right as soon as they have the money to do it, and it's probably more to their advantage to get that water supply than it is to ours. They -- it's a very -- it's a nuisance for them to get water in their trucks now, and this will make it real handy. COMMISSIONER LETZ: Is the term important to them, to have it that long? COMMISSIONER NICHOLSON: Yes. COMMISSIONER LETZ: 75 years? COMMISSIONER NICHOLSON: I don't know what the magic number is; 50 years might be -- might be acceptable. The issue is, they're probably going to have to go for some financing, and whoever's going to loan them some money is going to want to make sure that they have that facility long 9-io-oh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 [^ 5 18 enough to pay for it and amortize it. We want -- we're discussing it in our negotiations. I said, "Well, 50 years is quite a long time; won't any of us be left around here then." And Tom Syfan pointed out that he's been a member of the department for 50 years. He says it's not a long time. (Laughter.) COMMISSIONER LETZ: My only concern is that it's a little bit of a longer precedent. 7 think a lot of our leases are in the 40- to 50-year period. But I -- the reality is that once that's used for this purpose, they're going to have it as long as they want it, whether the term's 25 years or 75 years. So, it's more a precedent issue to me, but I don't -- I don't have that big a problem with it if that's what they feel they need. JUDGE TINLEY: Any more questions? COMMISSIONER WILLIAMS: I was looking for the reversion clause, Judge. I don't see that. Where is that? JUDGE TINLEY: Reversion? COMMISSIONER WILLIAMS: Yeah. You mentioned it, and I -- JUDGE TINLEY: Well, of course, by law, any -- any improvements that are affixed to the land automatically go with the property at the end of the lease tezm, whether -- COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: Irrespective of -- of whether you got 9- 1 Q Q 6 -~..._ w.-.....se.....~m>. .a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 anything in the lease or not. Any other comments? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) DODGE TINLEY: All opposed, same sign. (No response.) DODGE TINLEY: The motion does carry. Let's now go to Item 4, if we might. Consider, discuss, and take appropriate action on the request to install signs at Flat Rock Lake Park. I put this on the agenda at the request of -- of Mr. Bob Palmer. Is he here today with us? MR. PALMER: Yes. JUDGE TINLEY: Oh, there you are. Okay. MR. PALMER: Thank you. I have some show-and-tell that I'd like to -- would y'all like one of these? -- give to each one of the Commissioners. COMMISSIONER BALDWIN: Just hand them all up and I'll pass them around. MR. PALMER: Okay. See if there's enough. Missing one? COMMISSIONER NICHOLSON: Thank you. MR. PALMER: My name is Robert Palmer, and I -- actually, I think I live in Precinct 3, but 1 utilize the park that's in Precinct 2, which is Flat Rock Lake Park, I believe. And, like I've said, I discovered this park after I'd been here only 15 years, and one of the reasons is I didn't know it 4-io-oe 20 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 there, even though I probably passed by it. What I'm suggesting is that there be a park sign be placed there which would inform the public just exactly, one, that it's Kerr -- that it's Flat Rock Lake Park, and it's also a Kerr County park. And I don't believe there are any signs on any of the Kerr County parks or -- and I'm suggesting that that would be a really good thing to do to improve the -- it'd be a good P.R. thing and enhance overall the -- Kerr County. If you look at this picture, there is the main entrance to Flat Rock Lake Park, and it's a beautiful setting along the river. And you -- one reason you know it's a park is 'cause it says, "No Overnight Camping. Deputy Checks," so that gives you a pretty good idea that you're going into a park and you better not stay overnight. So, what I am suggesting -- and there's an idea for a park -- a sign that I put -- that I made up myself, and as you can see at the bottom, I tried to indicate exactly some characters there who were doing the things that most people do in Flat Rock Lake Park. There's a person there walking their dog; there's some people there who are there with their own barbecue pit making some hamburgers, and then the fishermen -- the fishing and the boating. And people come there and just hang out or enjoy the park, but those are -- these are what I've observed have been the main activities in the park. So, that's just an idea for a sign. So, if y'all see that big 4 10-06 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tree right at the beginning on the left, right behind the sign, I thought that that would be an ideal place to put a post up and put a sign, perhaps a wooden sign that informs you that it's Flat Rock Lake Park, and it's Kerr County. It would be well out of the way of the traffic, and would be a nice -- right under the arch of that tree would be a fine place for a sign. One reason you know that's Flat Rock Park is there -- there is the flat rock. I think there might be two or three right there at the entrance, and that is -- that makes it Flat Rock Lake Park. So -- so, I'm asking y'all if you'll put a park sign there. COMMISSIONER LETZ: Okay. JUDGE TINLEY: Any -- any member of the Court have any questions for Mr. Palmer? COMMISSIONER NICHOLSON: I qot a question in general. What kind of facilities do we have there? Do we have boat ramps? COMMISSIONER LETZ: Yes. COMMISSIONER WILLIAMS: Yes. COMMISSIONER NICHOLSON: Restrooms? COMMISSIONER LETZ: Not yet. COMMISSIONER WILLIAMS: Not yet. COMMISSIONER LETZ: They've been in the works for years. (Discussion off the record.) 9 is-~r . _.._. .. 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 22 COMMISSIONER LETZ: I think it's a good idea. I think -- and there's -- we should probably sign all our parks, including the Lions Park and Ingram Park, to show that They're used and It's a matter of finding the with making the public aware that this is a dog-friendly park. I see you've changed that somewhat from the first time we spoke. MR. PALMER: Well, I know that it's -- it's a dog-friendly park, but it's not only a dog-friendly park. We want to, you know, have everybody who wants to come to the park to utilize it, and everybody share the park together. And so -- you know, so this is just not one interest. COMMISSIONER WILLIAMS: My idea for signage is -- is a wooden-type, probably cypress, which we'd carve into the face of the wood boards what the park is and so forth. In this particular case, however, I think any signage that we do would have to call recognition to the fact that a lot of the funding for improvements have come from the Lower Colorado River Authority. They certainly deserve credit for their involvement with this -- this particular park. Other parks n-io-o6 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 23 that the County owns and provides funding for improvements And that I'm COMMISSIONER LETZ: My thoughts are -- I mean, I think that what we can do right now, 'cause budget is an issue, is to have a plaque similar to a street sign made for all parks so people are aware they are Kerr County parks. I think our sign machine should probably be able to handle that. Leonard, is that correct? We can make a couple, put it on a post? I think we can probably get that done within our budget, and I think it's appropriate. I also think that this park, which is kind of the crown jewel of the county parks anyway, probably deserves a nicer entrance, and I think that we might look at that, you know, maybe in the next budget year, look at it. I think a sign is probably appropriate to recognize L.C.R.A. They may even pay for it. COMMISSIONER WILLIAMS: Never know. rock there; maybe we can incorporate it into it and do something a little bit fancier at the main entrance. I don't 9-10-06 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 24 know if Mr. Palmer's aware; we're in the process, I think, of installing a bridge across Third Creek, 'cause the park's also on the other side of Third Creek, and somewhere in that area may be a good location, make that more of the main entrance of the park where it splits off in two sides. I think we have appreciate you coming forward and pointing out this deficiency, 'cause I think it is -- we have neglected to sign JUDGE TINLEY: Commissioner Williams has been the one who's primarily taking the lead in areas relating to parks, at least from the time that I've been here on the Court, and it might be well if we -- if he'd be willing to allow us to task him to kind of get together a preliminary plan to handle that signage at all the parks, what his thoughts are, and take a look at who's been responsible for improvements at the various parks so that appropriate recognition might be given, and maybe come up with a proposed plan on how to do that. COMMISSIONER WILLIAMS: That's fine; we can do that. MR. PALMER: So, are you suggesting that they just temporarily put -- or not temporarily, but put up some signs that are -- that would indicate that those are parks? COMMISSIONER LETZ: Right, similar to like you see 9 io of 25 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 on the state park -- like on the state highway signs. MR. PALMER: Right. COMMISSIONER LETZ: That just say, you know, "State Park." Put up a "Kerr County Flat Rock Park" sign. MR. PALMER: That'd be -- COMMISSIONER LETZ: And maybe a couple of them. I'm thinking, you know, one where you're speaking of, at that entrance, and one further down where there's kind of another entrance towards Third Creek; put one in both locations. MR. PALMER: Maybe one right off the loop where it comes in at Riverside -- COMMISSIONER LETZ: Right. MR. PALMER: -- Drive, so people will know when they can turn off the loop and get on -- COMMISSIONER WILLIAMS: That's probably where a metal sign on a post should be, would be there. COMMISSIONER LETZ: Right. MR. PALMER: Right. COMMISSIONER LETZ: So, similar to more informational-type signs, and that can be looked at, you know, maybe next budget, or look for a source of funding for an entrance -- you know, a little bit nicer sign for Flat Rock specifically. We could probably -- you know, I would imagine we could raise the money relatively easy in the community if we, you know, didn't have it in our budget to -- I mean, we're a-in-oh 26 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not talking about that much money, and through community you bringing those ideas to us. MR. PALMER: Well, I'd really appreciate it if you'll do that, 'cause I think the parks deserve it. All of the city parks have it, and, you know, it would be really good for the whole county. Some people just know the county from those parks. They come off the highway, off of I-10, and -- and I put out a flyer indicating that dogs -- people with dogs can come over there at different motels and hotels, and so you've got people coming there from all over the state, and just stopping here sometimes because of that park. JUDGE TINLEY: Visitors to our city? MR. PALMER: Visitors. JUDGE TINLEY: Well, that's great. I'm glad that they're being made aware of that. If that makes it more accommodating to our visitors, we certainly want that. MR. PALMER: Well, there -- so when -- now, like, when in the future do y'all deal with things like this? JUDGE TINLEY: Well, for a permanent solution, we're probably going to be looking at some budgetary things, and 9-io-oc 27 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's going to be coming up in the summer and on into the early fall when we finalize those. The one thing I would mention to you, Mr. Palmer, is that government is frustratingly slow on occasion. MR. PALMER: I understand. JUDGE TINLEY: So, just bear with us. Like I say, I think you've planted the seed, and I think we'll get there. The timetable, I can't give you today. MR. PALMER: Okay, thank you. JUDGE TINLEY: I'd like to, but I'm sure I'd end up getting a telephone call and saying, "You said this; why aren't we there yet?" MR. PALMER: Right. JUDGE TINLEY: But I appreciate you coming to us with the idea and planting the seed, and I think -- I think we're going to go forward with it. i MR. PALMER: Thank you. ~ COMMISSIONER WILLIAMS: Just one thing I wanted to add. Since -- since the entrance to Flat Rock Lake Park is Riverside Drive and it connects to two state highways, I would imagine we could talk to TexDOT and get the road signage up in a reasonable period of time. MR. PALMER: That would be great. COMMISSIONER WILLIAMS: The road signs. But I think if I'm going to bring back a plan with respect to signing Flat 9-10 06 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 28 Rock Lake Park, Ingram Park, or Center Point, I'm going to do so in a manner that would be a long-term sign, suitable for each, that reflects the hill country, not just a metal sign with plastic numbers and letters on it. MR. PALMER: Right. Sounds good. JUDGE TINLEY: Something of permanency. Thank you, sir. MR. PALMER: Thanks. JUDGE TINLEY: We appreciate you being here with us ~ today. MR. PALMER: Thank you. JUDGE TINLEY: Let's move to our 9:30 agenda item, Number 3; consider and approve the proposed bylaws of the Advisory Board of the Butt-HOldsworth Memorial Library. Commissioner Nicholson? COMMISSIONER NICHOLSON: Interlocal agreement between the City of Kerrville and Kerr County requires that both governing bodies approve the bylaws of the Butt-Holdsworth Library Board of Directors. And we -- the bylaws were significantly changed in that the operation of the Advisory Board was significantly changed, particularly to give it a -- a direct role in formulating budgets. So, on -- on the 13th of March, the bylaws were reviewed by this Commissioners Court, and there was some concern about detailed language in there that dealt specifically with definitions of 4 I n n h 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 capital budget items and that sort of thing, so the Court language that -- saying this agreement deals with that; that needs to be dealt with in the language. And then on March 27th, we had it on the agenda again, and we had revised bylaws that had been prepared by the City of Kerrville and approved by them, but the package inadvertently did not include the revised bylaws, so it's back on the agenda again for your review and approval, and I move to approve. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the bylaws of the Advisory Board of the Butt-HOldsworth Memorial Library as presented. Any question or discussion? I have one minor language issue. And the language that cleared up the redundancy I think is appropriate, but when we mention interlocal agreement, "in accordance with the provision of the interlocal agreement," nowhere else in these bylaws is the interlocal agreement referenced by that name, and so it's for that reason. And in the second paragraph, the very end of it, where it says, "by written contract between the two entities," that that be referred to "by interlocal agreement between the two entities," because then it will tie together. It's a -- it's a technical thing, but that identifies what the interlocal agreement is. I can't find "interlocal agreement" 9-10-OG 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 anywhere else in those bylaws. COMMISSIONER WILLIAMS: Are you proposing it's going to say "between Kerr County and the City of Kerrville"? Is that what you -- JUDGE TINLEY: Or at the tail end of -- of the I Section 2 -- COMMISSIONER WILLIAMS: Mm-hmm. JUDGE TINLEY: -- of the interlocal agreement, you can add, "between City of Kerrville and Kerr County." Either way. That will tie it together. It's more of a -- more of a housekeeping and reference situation more than anything else. It has nothing to do with substance, but, you know, 25 years from now, if somebody's looking at this, if it lasts that long, they're going to say, "What is this interlocal agreement that we're referring to?" And we need to be able to tie it to something else to identify it. COMMISSIONER NICHOLSON: How do you propose to proceed from here? Do you want to send it back to the City of Kerrville with recommended changes? JUDGE TINLEY: Well, the logistics -- it's unfortunate, but I think we need to tie those two together. That's my feeling. The Court may have other feelings. COMMISSIONER LETZ: Mr. Martinez? JUDGE TINLEY: Yes, sir. Mr. Martinez? MR. MARTINEZ: If I may make a suggestion, I can a-io 06 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 prepare an agenda bill for City Council's next meeting. If you will prepare your documents and let me have two signed copies by Thursday, I can have that agenda bill prepared and have your language presented to City Council. JUDGE TINLEY: That would be at the second meeting of this month? MR. MARTINEZ: It would be the April 25th meeting, but I need to get it in by the end of the week. JUDGE TINLEY: Okay. COMMISSIONER LETZ: It would be a consent agenda item for them, so they wouldn't have to spend much time on it, I would suspect. COMMISSIONER BALDWIN: So, our motion's going to stand contingent upon us tying these words together? JUDGE TINLEY: You know, I -- COMMISSIONER BALDWIN: I mean, let's move forward with it. JUDGE TINLEY: Yeah. COMMISSIONER BALDWIN: And get it over there. MR. MARTINEZ: Well, what I'm suggesting is that you can go ahead and approve your language, and let us have written copies -- two copies with signatures, and I'll present those to Council. JUDGE TINLEY: You've got the -- the bylaws on disk, I presume, and could make that change very readily and furnish 9-1n-06 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 32 it to us? MR. MARTINEZ: Yes. JUDGE TINLEY: Okay. Okay. COMMISSIONER NICHOLSON: Specifically, what language are we adding? JUDGE TINLEY: I would suggest in the second paragraph, where it says, "by written contract between the two entities," to have it read, "by interlocal agreement between the two entities," and I think that'll solve it. And then that'll tie back. COMMISSIONER NICHOLSON: I'll amend my motion to include the revision that Judge Tinley just referred to, and to authorize him to sign the -- well, we don't sign this. I just -- the motion's to approve the agreement with that change to add -- change "written contract" to "interlocal agreement." JUDGE TINLEY: And your second -- COMMISSIONER BALDWIN: My second stands, yes, sir. JUDGE TINLEY: All right. Any further question or discussion? 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: If you'd be kind enough to run those bylaws with that change, and then we -- the clerk can get you 9-io-oE 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 a copy of the court order to attach to that, and you can carry that to the Council. MR. MARTINEZ: Okay. And the agreement with your language also? I'll need that. You approved it at your last meeting with your language. JUDGE TINLEY: Okay. MR. MARTINEZ: But I need a written copy with signatures of that also. JUDGE TINLEY: Okay. Okay. MR. MARTINEZ: Okay? COMMISSIONER NICHOLSON: Right there. MR. MARTINEZ: Thank you. JUDGE TINLEY: Anything else on that particular agenda item? Let's move forward, then, to Item Number 5; consider, discuss, and take appropriate action for the revision of plat for Lot 60 of Wood Trails Ranch, as set forth in Volume 4, Page 98, and located in Precinct 4, and set a public hearing on that. MR. ODOM: Yes. Good morning. May I ask -- I will have Truby get with Commissioner Williams, I guess, on the wording for these -- for the parks that you want -- want to put on a sign. Am I correct in that assumption? COMMISSIONER WILLIAMS: Let's meet and talk. MR. ODOM: Okay. Lee Voelkel has requested this revision of plat be done in the alternate plat process. It is 9-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 39 up to Commissioners -- to the Commissioner of the precinct to interpreting the new rules correctly, these are the items that need to be considered by the Court. One is the lot size. An existing subdivision within a community water system which is approved by T.C.E.Q. is allowed to divide until it reaches an average of 3 acres, with the smallest lot being 1 acre. Wood Trails is 506 acres, and currently has 125 lots in it, giving them an average of 4.04 acres. This additional two lots will make it 3.98 acres. This revision of Lot 6 is acceptable if they use the Wood Trails water system. However, Wood Trails water is not currently approved for any new water connections, and -- but may be in the future. With this agenda item, we sent you the letters that we had from -- I think from the water system to Lee saying that -- I thought they implied that it would be this month, sometime in April, they might get a decision from T.C.E.Q. to upgrade their -- their property. Also, you have a letter from Headwaters from Mr. Williams -- Gene Williams, and in relation to that, the possibility of drilling a well for a 5-acre tract. Headwaters' current rules still support the 5-acre rule. Therefore, you should approve this -- should you 9 io-oE 35 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 All lots meet the lot frontage of 150 feet. Two of the proposed lots are in the special flood hazard area, and the finished floor has been set on each lot. There's a structure on Lot 60, as shown on the aerial photograph, and it will be shown on the final plat. Lee has already made -- addressed that, but I didn't think it was necessary till the final plat. And the date for the public hearing is May the 22nd, 2006, at 10:30 a.m. So, the Court needs to consider whether or not you would go to this alternate plat process, and I would assume that on -- the idea is that if they couldn't -- and correct me if I'm wrong, but if the water system is not updated to put them on, I guess that they propose to drill a well on 5 acres as it is now, but if you subdivide this, I would assume that it would be a -- an agreement. It would not be a water system, because it's not 15 connections. COMMISSIONER BALDWIN: Let me ask you a question. The new rules say 3-acre average. MR. ODOM: 3-acre average. COMMISSIONER BALDWIN: And that is based on -- MR. ODOM: Community water system. COMMISSIONER BALDWIN: -- water availability, for the lack of better words? MR. ODOM: Right. COMMISSIONER BALDWIN: And we don't know, today, 4-ln-Oti 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 36 whether they -- T.C.E.Q. will allow the existing system to add on more hookups, and we don't know if they're going to drill a well? MR. ODOM: That's right. And I have -- Mr. Voelkel's here -- COMMISSIONER BALDWIN: Stop, stop, stop. How can we -- how can we approve a plat when we don't know where the water's coming from, period? MR. ODOM: I don't know. That's -- COMMISSIONER BALDWIN: I mean, just -- I'm not being argumentative. I just -- that's a question that needs to be answered for me. COMMISSIONER NICHOLSON: Let me ask Lee. Isn't there currently a water well on this property? MR. VOELKEL: Do you want to come up, too? Let me introduce to the Court Mr. Joe Siff. He's from Houston. He's the owner of the property. And either one of us -- you go ahead. We'll address that. MR. SIFF: Well, gentlemen, the answer to your question, there is a -- a very shallow well on the property now, but we have a permit to build -- to build a much deeper well, and that's what we would do if the Wood Trails water system weren't allowed to increase its size. But, according to the owner of the system, they've been verbally told that they will be approved, and they should be able to start work a-io-o6 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 37 in the summer, but I have a choice either way. I mean, if they are approved, I can elect to use the Wood Trail water supply system, or I could drill a well. Frankly, at this point, I probably will drill a well if I'm approved. COMMISSIONER BALDWIN: So, are you -- are you -- MR. SIFF: I have a permit. COMMISSIONER BALDWIN: You're basing your decision whether to wait on the State to move or drill a well on what we do today? Is that -- MR. SIFF: Sure. COMMISSIONER BALDWIN: Well, I see it the other way around. I see our -- us making a decision on whatever you do. MR. SIFF: Well, I have a permit -- COMMISSIONER BALDWIN: That's the way I see it. Show me where I'm wrong. COMMISSIONER LETZ: I think I -- I looked at our rules and how -- you know, trying to -- you know, what our rules say is a plat note goes on here that says no individual water wells will be drilled on any of these three lots, period. If they -- if you choose to drill a well and put in a small community system, then that would not be an individual well, and you can do that, but you're going to have to get a -- you know, do an agreement for a community water system. But it'll be a -- you can use your personal community water system or you can use your -- T.C.E.Q. or Wood Trails' water 9-iu oh 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 38 system, but you cannot use individual wells. COMMISSIONER NICHOLSON: Looking at it from the water availability standpoint, there's a well there now that is inadequate. He wants a better well. He's going to abandon that well, drill a better well, so there will still be the same amount of wells. One now, and there will be a replacement. Under our rules, I think it is okay for one well to serve three properties. COMMISSIONER LETZ: Yes, but they have to do -- they have to form a -- do a -- it'd basically be a water system. JUDGE TINLEY: Joint well agreement. COMMISSIONER LETZ: Joint well agreement. JUDGE TINLEY: It wouldn't qualify -- it wouldn't be required to be registered with -- COMMISSIONER LETZ: No. JUDGE TINLEY: -- the State? Or -- MR. ODOM: Doesn't have 15 connections. JUDGE TINLEY: I think it's got to exceed five connections before that's -- is it 15? MR. ODOM: 15. COMMISSIONER NICHOLSON: Is that sort of agreement Commissioners Court business? JUDGE TINLEY: No, that's a private, civil matter between the owners. COMMISSIONER NICHOLSON: We have other properties 9-10 06 39 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 where water wells are shared. COMMISSIONER LETZ: All we need is a plat note that says no individual water wells, period. Now, you know, that's just -- you're going to -- that tells you and future owners that they're going to have some sort of water system, whether it's a small one or a part of the Wood Trails. COMMISSIONER NICHOLSON: I certainly agree, they can't drill two more -- three more wells. They can only drill one replacement well. COMMISSIONER LETZ: And I think, actually, we have language in the Water Availability Requirements as to what that plat note should say. It's fairly simple. MR. VOELKEL: My question would be, he's already permitted for one well on a 5-acre tract. We put that on one of those tracts, and then the note says that no other wells will be on any other tracts. Is that my understanding? COMMISSIONER LETZ: I think it's a -- well, if they're -- it's not an individual water -- he's not drilling an individual well. It's -- he's drilling a community well. Our note says no individual wells. Now, if it's a 5-acre tract, -- MR. VOELKEL: I hear you. Yes, okay. COMMISSIONER LETZ: -- if he leaves it as platted, then it's -- you know, it's not an individual -- it's an individual well, but it meets minimum requirements. Now, you n i~ on 40 1 2 3 4 5 6 7 8 9 10 11 1L 13 14 15 16 17 18 19 20 21 22 23 24 25 can't -- what you couldn't do is -- I don't know why you'd want to do it anyway, but you can't do this revision and then drill individual wells -- an individual well. It has to be a community well. MR. SIFF: Sure. And that would be the purpose of getting the revision to do a community well? COMMISSIONER LETZ: Right. MR. SIFF: If Wood Trail water supply didn't get what it expects to get. For the Commissioners' information, I don't intend to need a community well, or need additional taps for at least six months, if not a year or so. I have -- my son and I have one house on the property now. My intent over time is to build a second house for my daughter, and a third house, ultimately, if there's any money left over, for myself. I figure in the meantime, one of the two of them will let me stay with them, you know. (Laughter.) MR. VOELKEL: Hopefully. MR. SIFF: Yeah. I've got my fingers crossed. COMMISSIONER LETZ: Okay. So, we -- MR. SIFF: That's my plan. MR. ODOM: But my understanding would be that he needs to drill the well now under the 5 acres without platting this? COMMISSIONER LETZ: No, there's just a plat note needs to be on there, no individual wells -- water wells. And 4-lU 06 41 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 that will -- they can do a community well. MR. SIFF: Yeah. The only reason I'd drill a well would be for it to be a community well. COMMISSIONER WILLIAMS: How does -- how does the memorandum from Mr. Gene Williams of Headwaters fit into the equation here, where he says once a well is drilled on the property, the current Headwaters GCD 5-acre rule should be enforced by Kerr County repLating. This scenario would not be acceptable to Headwaters under present rules? MR. ODOM: Well, sir, I have Mr. Williams here now. And -- COMMI5SIONER LETZ: Back here. MR. ODOM: Back here? Okay. Would you like to address that, sir? MR. WILLIAMS: I'll answer whatever questions you have. When Mr. Voelkel first came to me, I related to him that the current rule is 5 acres to drill an individual well, and he wanted to know about drilling a well and then subdividing the property. So, I guess that comes under the Court's jurisdiction. If you make it a community well, it will no longer be what he's applied for, an exempt well. It would have to be a permitted well. I guess our concern is on just shared wells, we have no jurisdiction over shared wells, and if you have ownership changes and the person on the lot that has the well cuts the other two off, and then they come 9-io aF 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to Headwaters and say, "We have no water," then we have no choice but to allow them to drill another well. COMMISSIONER LETZ: But you could enforce our plat note, which says no wells. I mean, you can -- you can enforce our laws, so to speak. MR. WILLIAMS: Well, if you get into a scenario where they have no water, I don't think we can. I don't think we can tell them they cannot have any water. COMMISSIONER LETZ: But I think we can tell them through the County Attorney that they can't drill a well. I mean, if it's our rules that they cannot -- there's a plat note that says no individual water wells, I mean, 7 can see civil -- I can see a lawsuit starting over that, but I don't see how it is going to force another well to be drilled, unless the District Court says it or something. MR. EMERSON: My only comment would be -- and I think this is what Buster was saying, is that your Subdivision Rules say that you can't subdivide unless you have water availability, and you're subdividing, but you do not have any water. COMMISSIONER BALDWIN: Absolutely. MR. EMERSON: Through either way at this time. COMMISSIONER LETZ: So he has to decide. MR. EMERSON: Which I think is the same thing that Headwaters is saying. 9-iu of 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 43 COMMISSIONER LETZ: So, they need to -- he needs to decide how he's going to do it, and then put a plat note on to that effect. MR. EMERSON: I'm not sure how you can subdivide and stay under the rules if you don't have any water, which is the situation they're in. MR. WILLIAMS: We've issued the application -- or the authority to drill on the 5 acres, and if he changes that prior to drilling, then the application will not be good. You know, it will have to be -- it would have to be an exception from the Board to allow him to drill, like, on 2 acres or whatever that division would be. COMMISSIONER LETZ: But, I mean, I think -- I guess -- I understand that, but I'm going back -- well, he can revise his application and make a small community system. The issue that I would say, though, is that, you know, you said that what if he cuts off water to those two lots. Well, what i if T.C.E.Q. cuts off water to someone 'cause they won't pay their bill, and those people come to you to drill a well? It's no different, whether it's a public system or a -- I mean, a small public system or a big public system, to me. MR. WILLIAMS: Well, I don't know. If they're already tied onto a public water system, then that's a whole different problem. If you've got a house on a lot that has absolutely no access to water other than drilling a well, then 9-iu-oF 44 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 I think Headwaters will be bound to allow a well there. JUDGE TINLEY: If I'm hearing what you're saying, sir, the -- what you see chronologically is that this property owner drills his well on his 5 acres under your permit, then comes to this Court and says I've got the water availability requirement satisfied by virtue of a joint well agreement that runs with the land for the benefit of each of those owners, whoever they may be from time to time, where their rights are set forth in a document in the public Real Property Records, and that along with the request for the platting that otherwise satisfies our rules. Is -- is that what I'm hearing? MR. WILLTAMS: (Nodded.) COMMISSIONER LETZ: So, the individual needs to decide how he's going to do it first, do the revision or -- or apply for a community well, and then come to us for the revision and have a community well as part -- you know, approved. COMMISSIONER WILLIAMS: Wherein the joint well provision contracts come in play? JUDGE TINLEY: That -- that's his responsibility with the private landowners. That's a civil matter between the owners. And it's not a particularly complicated one, but it's one that needs to be done. COMMISSIONER BALDWIN: Where are we with the water 9-in on 1 "` 2 3 4 5 6 7 8 9 10 11 1L 13 14 15 16 17 18 19 20 21 22 23 45 system? Have we applied to T.C. E.Q. to expand? Lee? MR. SIFF: I can tell you what the owner and the owner's operator have told me verbally. Neither of them would put this in writing, although they did sort of -- Mr. Mayhew did, sort of. He said in his letter that he expects approval from that organization that you just mentioned in the month of April, and assuming approval, he would start the work on the expansion of the water system in the early summer, June or July. And I don't know how long it would take him to get increased capacity, but at whatever time he got increased capacity, then I would have a choice, I believe, if I had the replatting done now, of using water from his -- applying for two additional taps from his system. And we have an example of Lot 56 -- I'm Lot 60 -- which is virtually contiguous to me, that subdivided into four or five sub-lots. I'm asking for three. And -- and each -- when there was capacity from the water supply, Wood Trails Water Supply Company, they each -- each of these smaller approximately 2-acre lots got -- got a tap. So, one concern I have is, if I don't get a subdivision now -- and the subdivision we've applied for would make an average for the entire deed-restricted -- you know, the whole Wood Trails Subdivision, the average lot size 29 becomes 3.9. As -- as the gentleman, Mr. Odom, stated, you 25 know, I don't -- if you drive out there, there are lots of 9-io of 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 people with less than 1-acre lots, and I don't know how many more will come to you or -- or independently decide, whatever process takes place. I don't want to be left high and dry if the average size gets below 3 acres, and not be able to do this just for my own family. COMMISSIONER LETZ: I think we can -- we can set a public hearing today, but you're going to have to have the water issue resolved one way or the other before we do a final plat. We can do the public hearing in 30 days, and if you have permission from Wood Trails to add on, then that will -- then we can -- that solves it. And if not, you have to have an agreement and apply for a community well through Headwaters, and have that agreement in place. COMMISSIONER BALDWIN: It just seems to me the simplest way to do this thing is -- is go with the -- the water company that's out there now. MR. S1FF: And I intend to do it as soon as they have capacity. COMMISSIONER BALDWIN: So you don't have to deal with hardheads like Gene and Buster Baldwin and those nuts. And, to me, it's a lot easier to do. COMMISSIONER NICHOLSON: Let's go ahead and set the public hearing. COMMISSIONER BALDWIN: Let's do it. JUDGE TINLEY: Yeah. 9-ln-Oe 47 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 COMMISSIONER NICHOLSON: And things may clear up more by that time. And they still haven't given final approval. So, I'm going to make a motion we set a public hearing on the revision of plat for Lot 60, Wood Trails Ranch Subdivision, for 10 a.m., May 22nd. COMMISSIONER BALDWIN: 1 second it. JUDGE TINLEY: Motion made and seconded to set a public hearing for the revision of plat for Lot 60 of Wood Trails Ranch at 10 a.m. on May the 22nd of this year. Any question or discussion? COMMISSIONER LETZ: I'll make a brief comment. This is just really for Mr. Voelkel, so I don't have to call him later. We are looking at some additional -- there was a revision made in 2003 in the Subdivision Rules, the state law. We're looking at that to see -- there's some question about whether that really applies to Kerr County, and that may make this process easier on some of these revision of plats, and be able to get rid of public hearings, but still have to go through the same process, not really save any money. It will save the County, not -- well, it's not going to probably save the landowner or the developer any money, but will save the County possibly money from having to do public hearings all the time. But we're looking at that; Rex and I are looking at that. That's just a comment before Lee leaves. COMMISSIONER NICHOLSON: I've got a question for 9 10-nb 48 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 Letz, our water guru. COMMISSIONER LETZ: I should be quiet. COMMISSIONER NICHOLSON: I've talked to some other water gurus about this. The reason for restricting the number of lots in a subdivision under the average size is, in our part, water conservation, protecting the aquifer. What difference does it make if three residences are using one well or three different wells? COMMISSIONER LETZ: I think you get into a -- a -- the more penetrations into the aquifer, the higher the likelihood of problems, of damaging the aquifer. And also, you get into usage, things of that nature. You have septic systems that can leach into it. So, I mean, we've kind of taken a policy that fewer wells are better. COMMISSIONER NICHOLSON: So, it's science. COMMISSIONER LETZ: Within a -- yeah, it's a reason to do it. Rather than have a well every acre, it's better to have one well every 10 acres. MR. SIFF: At the risk of seeming like I want to lengthen this hearing, and I don't, I -- I want to make sure you realize that my goal really is to just have one penetration, and that's the deep well I want to drill. That would be one well, but there would be branches to the other two sub, you know, plots. And, frankly, real estate agents and other residents have told me that this particular water 9-10-05 49 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 supply company has said a lot of things in the past that have never come true. And there are many lots for sale, physical pieces of property for sale in the subdivision that the real estate agent is obligated to say up front to a prospective buyer, "There's no water taps, and we have no idea when there will be." COMMISSIONER LETZ: That's what we're saying. If you decide to drill your own community well, it needs to be noted on the plat that these lots are served by this community system, and you can call it whatever you want. And that way, anyone that -- down the road, there's some recourse that, yes, there's a community water system, and here's the name of it, and they're going to serve these plats. At least it would give someone some civil action down the road if someone tries to cut somebody off. JUDGE TINLEY: If you didn't get the right warm, fuzzy feeling from the community water supply people out there that you're -- you have the appropriate assurances that you'll have the number of taps that you need, I -- I think what you may be looking at is spending some of your children's inheritance a little bit early, instead of looking to the end to see what's left, for you to drill a well to serve all of you. MR. SIFF: Well, that's my dilemma. If I -- I have no debt on this property right now, frankly. And my goal is 9-io oh 50 1 2 3 4 5 6 7 8 9 10 11 12 l3 l9 15 16 17 18 19 20 21 22 23 24 25 to subdivide the property so that when I do get debt on the house that I've spent a lot of money to build, it's just on the land that's under that house, not on the entire land, so that then I have two more pieces of land that I can build two more houses on, and that's part of the thinking behind all this. MR. VOELKEL: Question. I'm not real clear. If he decides to do his own well and do the shared with the other lots, is the permit he has for that well adequate now, or does he need a new -- COMMISSIONER LETZ: I don't believe so. Headwaters says it's not adequate. MR. VOELKEL: Okay. He'd have to reapply for a different type of permit? JUDGE TINLEY: Well, or would he? Before he plats, if he goes ahead and drills a well now on his 5 acres, he's good to go under your permit now. MR. WILLIAMS: Yes, on the 5 acres. Yes, he is. MR. SIFF: And then, if I do a subdivision of those 5 acres, I can reapply for a community -- or a branch system? JUDGE TINLEY: I'm not sure you have to. When the well's in place, I think -- I think it's then a civil matter to do a joint well agreement for the -- to run to the benefit of the three tracts that you're asking to subdivide it into. MR. ODOM: And you could make that decision before 9-iu-oF 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this date, what you're going to do. Or you can -- MR. SIFF: So, before the 22nd of May. COMMISSIONER LETZ: I think that that's circumventing the rules a little bit, though. I think if the intent is -- when you drill that well is to be a community i well, it needs to be permitted properly to start with. MR. WILLIAMS: That's correct. COMMISSIONER LETZ: I think you're -- that's, you know, just -- I don't think that's ethical. You know, I don't think it's a problem. I don't see how it's going to -- I mean, maybe the fee's a little bit more. It probably won't change the cost of the well particularly, but I don't know what it -- I have no idea. MR. ODOM: They can't -- it's not going to be a water system, because it's not 15 connections. That's what Gene is saying. COMMISSIONER LETZ: You can have a water system less than 15 connections. It's just not regulated by T.C.E.Q. COMMISSIONER NICHOLSON: Yeah. COMMISSIONER WILLIAMS: Up to 15. COMMISSIONER LETZ: It's still a water system, just not regulated by T.C.E.Q. We have many in this county that are less than 15 connections. COMMISSIONER WILLIAMS: Right. Anything 15 or over is T.C.E.Q. 4-10-ii b 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ODOM: Okay. COMMISSIONER WILLIAMS: Or 15 -- 14, whatever it is. 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 -- MR. SIFF: I'm confused on what the motion was, I'm sorry. JUDGE TINLEY: To set a public hearing. COMMISSIONER LETZ: To set a public hearing. JUDGE TINLEY: That's all we've done at this point. COMMISSIONER NICHOLSON: May 22nd at 10 a.m. MR. SIFF: No recommendation -- COMMISSIONER LETZ: You have to decide what you're doing prior to that date -- or prior to us taking action. We'll do the public hearing, but then prior to us finalizing it, you're going to have to decide if you're going to Wood Trails or your own community system. MR. SIFF: Okay. I don't know how I can decide that before I have some idea of if and/or when Wood Trail Water Supply will ever get additional plats, and then if they do, 9-:0 Ob 53 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 whether they'd grant me to -- COMMISSIONER LETZ: Well, I don't think we can -- all we can do is a public hearing until we know how water's going to get to those lots. MR. SIFF: And if I told you that I was going to build the well, I'd have to build it before you could take action? COMMISSIONER NICHOLSON: No. COMMISSIONER LETZ: No. All we're doing is a public hearing right now, which is a requirement of the state law that we do a public hearing before you can revise. MR. SIFF: Okay. Thank you very much. JUDGE TINLEY: Let's move to Item 6; consider, discuss, and take appropriate action to award the annual bids for road base, cold mix, aggregate, emulsion oil, corrugated metal pipe, and equipment by the hour. Mr. Odom? MR. ODOM: Yes, sir. I thank y'all for the opportunity to be educated on water. COMMISSIONER WILLIAMS: It's a continuing education. MR. ODOM: Continue -- it will continue May the 22nd. What I have before you is our recommendations for acceptance of the bids, and it is as follows: Wilson Culverts, the corrugated metal pipe; Ergon for emulsion oils; Martin Marietta for cold mix, black base; Vulcan Materials for trap rock or paving aggregates. The equipment by the hour is a-in o6 59 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 by Mr. Schwartz, who is the low bid, and we recommend as first contractor, but to retain that option for the others in case there's certain equipment that we need that's bigger sizes and all. Also, that we recommend that Lucky 3 gets the base material, our Type A, our limestone rock. We put out 23 bids -- or we contacted 23 people, sent out the packages to 23 people. I think there were seven to eight that were in materials, whether it was Type C material or Type A. We got one bid there as far as material, and that was Lucky 3, but we did send out 23 packets. We called each one of them to make sure that the address was correct, that we didn't miss it, and they talked to them personally, and so we sent it out. We thought we had a -- we had pretty good bids. And -- COMMISSIONER BALDWIN: Where is Lucky 3? MR. ODOM: Lucky 3 is towards Center Point, right before you get into Center Point, to the left there. COMMISSIONER WILLIAMS: Just right -- right after Sutherland Road going east. MR. ODOM: Yes. There's that tractor place that does -- Corky's, and then there's a tractor place, and right past that is a road that leads back down in there a couple of miles back. JUDGE TINLEY: Caldwell place. COMMISSIONER WILLIAMS: The old Caldwell place on the north side of the road. 9-io-oe 55 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 MR. ODOM: Right now, we also recommend that there's other places. I don't know why Jerry Wheatcraft didn't bid. Walter Masters is out on 479. I've just been contacted by Alan Keller Quarry; they have one out Harper Road. So, we want that option to do that. And we certainly will use Lucky 3, but we still have by law that we can use other people up to a certain point, and that has to do with location and trucking and all. And even if I'd got that, I would have asked the Court for multiple bids. COMMISSIONER LETZ: So, you will use Lucky 3 if they're the cheapest? MR. ODOM: If they're the cheapest, they're the closest in there, but we'll give them the opportunity to have the first choice on it. But if I'm out there on 479, I certainly don't wish to truck it from Center Point there. I would go to Walter Masters out there. COMMISSIONER LETZ: I move approval of the bid awards as recommended. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the award of the bids as recommended by Mr. Odom. Any question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. e ir.-o6 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 (NO response.) JUDGE TINLEY: The motion does carry. Thank you, Mr. Odom. MR. ODOM: Yes, sir. JUDGE TINLEY: Let's go to the next item, if we might; consider, discuss, and take appropriate action to consider abandoning, vacating, and discontinuing approximately j 89.83 feet of Drummund Drive and set a public hearing for the i same. MR. ODOM: I don't see Mr. Jons here. Do you, I Buster? COMMISSIONER BALDWIN: No, I do not. MR. ODOM: This is an item that came up last week, and so I didn't get the chance to talk to Rit. He had left it up here and talked to Buster, but this has to do with about 89 feet of road going into his boy's place right there. Rit owns land, as well as his son owns property, and I've tried to lay that out. It also fronts Lot 1 and 2 -- I'm sorry, Lot 2, and Mr. Jons owns that, Lots 1 and 2. He also owns the one to the left of Lot 2, as well as his boy owns up above. We have no problems abandoning that. I had not had a chance to talk to Rit, but on this -- on this plat for the property here, you can see Paul Avery comes in within 23 feet of the corner of Lot 1, and in Lot 2, there is a 30-foot private easement, and we can -- and it's just on Lot 2. Our question would be -- or e-io-o~ 57 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 mine to Mr. Jons would be, does anybody else have access -- some type of access to -- to Drummund? Whether it's Paul Avery or whether it's MacRae; I don't know. COMMISSIONER BALDWIN: I asked him that question, and he told me no. MR. ODOM: Okay. That would be the question I had. COMMISSIONER BALDWIN: I'd rather for him to say that in here, but -- MR. ODOM: If he doesn't, then, like I say, I -- we have no problems. It's just 89 feet. The road turns back to the left. It's of no use. It belongs to the property owners. Mr. Jons owns the property around it. As long as no one has access -- to my knowledge, from what he said to Buster, nobody else has access. COMMISSIONER BALDWIN: Also, in the -- in his petition to discontinue a road, a long time ago -- and we haven't done -- we really haven't discontinued very much roads '' in Kerr County through the last 20 years, but a long time ago, when we were going to discontinue some footage like we're talking about today, we would -- we would put a sign at the beginning of the discontinued area and a sign at the end of it. You know, somewhere in the law, it said that. But I think there's a -- I don't know under what statute that is, but there seems to be maybe a little bit of confusion over which statute we're dealing with here. Do we -- and it seemed 9 io-o~ 58 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to me that's what he was saying, or that's what he said to me verbally, is that, you know, you all -- the County has to go out and put a sign at the beginning of the -- the property and at the ending of the property. And we used to do it that way. But I think Rex doesn't think that way. And I -- and I'd like MR. EMERSON: Well, my theory on this matter is that when you have a general law like the Transportation Code, and you have a specific code that addresses subdivisions, which is the case here, 'cause you're in a platted subdivision, the specific statute takes precedence. And because of that, I think you have to follow the rules that you have adopted under your Subdivision Rules to discontinue this section of road. MR. ODOM: And that's 6.OS.C, and it says that if you abandon the -- the plat, or an easement or road, then there is a procedure -- you go under B and C to do that. And that's taken directly out of 232 Governmental Code. So, we've always -- for 15 years, we've done that you have to put a public notice for three weeks prior to that -- to that abandonment. Now, Rit is saying 20 days, and I don't know where that comes from, that he can post a petition. But this is a platted subdivision. And, I mean -- COMMISSIONER BALDWIN: And that brings my real 9-10-06 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 77 23 24 25 something, but does Mr. Jons understand where we're coming from? Does he need to understand? We don't care what he thinks? We're just going to do it the way we think is right? Or should we postpone this thing, or -- you know, I'm just a little hesitant about doing something. JUDGE TINLEY: Your question is do we need to follow both, I think. COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: Both our Subdivision Rules and some more general provision of state law that may indicate you got to put a sign out there. COMMISSIONER BALDWIN: Well, he's thinking one way. I don't -- you know, I don't want to cram something down his throat until we understand. Did you have a visit with him? MR. EMERSON: I called him and left a message, and did not get a return phone call. COMMISSIONER BALDWIN: Okay. COMMISSIONER LETZ: Why don't we set the public hearing? We can act -- we can have the public hearing; they can do their lawyer stuff and talk to each other. COMMISSIONER BALDWIN: Work out the details. That's fine. That's what I'd like to do, but I'm just a little bit hesitant of having -- having him thinking that we're doing one thing, and we're really doing something else. COMMISSIONER LETZ: He needs to be comfortable we're 9-io-o~ 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 60 doing it the legal way. COMMISSIONER BALDWIN: He needs to get his chops up and fall in line with government. MR. ODOM: What are we proposing? Are we saying, "County maintenance ends here"? Is that what we're proposing to do? COMMISSIONER LETZ: No. Buster's saying that under the Transportation Code, we have to post notice on the segment of road for "X" number of days that says we're abandoning this portion of it. COMMISSIONER NICHOLSON: I didn't understand that, I either. COMMISSIONER BALDWIN: That's the way it used to be ~ done. COMMISSIONER LETZ: And Rex is saying, well, that's well and good if you're not in a subdivision. If you're in a subdivision, we follow Subdivision Rules. MR. ODOM: Follow Subdivision Rules. COMMISSIONER BALDWIN: I move we set a public hearing at 10:15 on May 22nd. MR. ODOM: 10:15 or 10 o'clock? COMMISSIONER BALDWIN: 10:15. COMMISSIONER WILLIAMS: Second. COMMISSIONER BALDWIN: Actually, I'd like to do it about 10:13, just to -- you know, they stay -- e-io-ac 61 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: Is that your motion? COMMISSIONER BALDWIN: It is my motion. JUDGE TINLEY: And you want to make it -- COMMISSIONER BALDWIN: 10:13, please. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: 10:13 it is. Motion made and seconded to set a public hearing for discontinuing -- consider abandoning, vacating, discontinuing approximately 89.83 feet of Drummund Drive on May the 22nd, 2006, at 10:13 a.m. COMMISSIONER BALDWIN: Thank you, Judge. JUDGE TINLEY: Any question or discussion on that motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (NO response.) JUDGE TINLEY: The motion does carry. Let's move quickly to Item 8, resolution in support of Special Prosecutor application for renewal of the V.A.W.A, grant funds from the Office of the Governor, Criminal Justice Division, for Fiscal 2006-'07, to include language required by the Criminal Justice Division. Yes, ma'am? COMMISSIONER BALDWIN: Before you launch into this, I just have one question, and then I'm a very happy camper. The word "revision," does that mean that we've changed 9-io-nc 62 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 something since last year in the verbiage? MS. BAILEY: Actually, you've changed something since a month or two ago, when you actually approved this resolution. There were two typographical errors on there that needed to be fixed, but more importantly, what I did when I ~ brought it to you a couple months ago was just copy the previous year's resolution which had been approved by them. In the interim, I guess they've added the requirement for the i last two lines there in the resolution that says, "In the event of loss or misuse of grant funds, the governing body will return all funds to the Office of the Governor, Criminal Justice Division." That, apparently, must be in there or they won't approve the grant. So -- COMMISSIONER BALDWIN: So, that's a revision that's I added? MS. BAILEY: That's what I added from a couple months ago. Otherwise, you've already approved it all. The other two corrections were I had a typo on the date in the first paragraph, and I was told that what I had done previously is put the last -- this current year's grant application number on there, and they're giving us a new number, which is going to be e-mailed to Judge Tinley sometime very soon, and then he'll be providing that to me, and that will be the new number. COMMISSIONER LETZ: I move approval of the revised e-io of 63 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 resolution. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval i of the revised resolution as presented. MS. BAILEY: Thank you. ~ JUDGE TINLEY: Any question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: Al] opposed, same sign. i (NO response.) JUDGE TINLEY: The motion does carry. We'll move to Item 9; consider, discuss, and take appropriate action on interlocal agreement between the Upper Guadalupe River Authority and Kerr County that provides match funding required in the Texas Water Development Board contract for preliminary planning and engineering for the Center Point wastewater collection system. Commissioner Williams? COMMISSIONER WILLIAMS: Thank you, Judge. There currently exists an interlocal agreement between U.G.R.A. and Kerr County with respect to the responsibilities of the parties for the Kerrville South wastewater project. That was pretty detailed; goes into a lot of things that at this point are not necessary for the Center Point wastewater study, which is partially -- will be partially funded by T.W.D.B. What this proposed agreement does is memorialize what's taking 9-iu-o~ 64 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 place; that the County has, in fact, received -- got favorable approval of an agreement from T.W.D.B. for 50 percent of the match required to do the study, and the U.G.R.A. is putting up over $60,880, or 50 percent. And it talks about our responsibilities as the contractor, which is required under certain that happens and so forth. This has not yet been reviewed by the County Attorney, and if the Court moves forward with an approval, I would ask that it be pending approval pending his final review of it. There are a couple places in the agreement that need to be changed. I would look -- under 3c, on the third line, it talks about, "Similarly, County agrees it shall have no responsibility for payment..." That should be "U.G.R.A. agrees that it shall have no responsibility for payment to the engineering consultants)." By contract with T.W.D.B., we would be the ones to do that. Mr. Buck called to my attention also that the signature line on the last page should be changed to reflect Ronnie Pace as president, as opposed to Janet Robinson. So, those are the explanations. Ready to take questions, or I would move -- move its approval pending final review by the County Attorney. COMMISSIONER LETZ: I want to discuss it before -- JUDGE TINLEY: This proposed agreement is similar to one that was provided in the earlier arrangement when U.G.R.A. 9-1~-06 65 1 2 3 4 5 6 7 8 9 10 11 1L 13 14 15 16 17 18 19 20 21 22 23 24 25 assisted with the Kerrville South wastewater project? COMMISSIONER WILLIAMS: It's different, Judge, and it doesn't go into such things as ownership, which that agreement goes into, construction, turning over the project to U.G.R.A., and how they -- and then, finally, their dealings with the City with respect to treatment of wastewater. This merely deals with -- JUDGE TINLEY: Preliminary engineering. COMMISSIONER WILLIAMS: -- preliminary engineering and the requirements of the match and so forth, and doesn't go beyond that. COMMISSIONER LETZ: My concern is that -- I mean, i unless there's a time reason that we have to do it today, I would rather get a final version the County Attorney has looked at before we vote on it. COMMISSIONER WILLIAMS: We can do that. We are under -- well, I guess we still have time. We're under a June constraint to have everything signed and put together as a package for T.W.D.B. COMMISSIONER LETZ: 'Cause I just -- I hate to have things approved that -- while they're still working copies. JUDGE TINLEY: Let's assume for the moment that the Court takes this up at our second meeting of this month. Is there going to be adequate time for the U.G.R.A. Board to staff it and work it and approve it before the deadline that 9-io-ob 66 1 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you're looking at? COMMISSIONER WILLIAMS: Mr. Buck, do you know the answer to that? MR. BUCK: The answer is yes. Yes, we can. COMMISSIONER WILLIAMS: You still have plenty of time for your Board and so forth? MS. BOCK: We can accommodate that. JUDGE TINLEY: If we can still get under the June wire for T.W.D.B., that's fine. We'll send it down to the County Attorney and get his point of view. Okay. Anything further on that particular agenda item? COMMISSIONER NICHOLSON: I've got one question. What is a regional wastewater facility plan? If I had one here, what would I be looking at? COMMISSIONER WILLIAMS: Regional wastewater facility planning is how T.W.D. designates a certain pot of money, and i that money can be for either water or wastewater purposes. i That's more their designation than it is ours. COMMISSIONER LETZ: I think your question is, what are we -- what's the end result of this 120,000? What are we going to get for 120,000? COMMISSIONER NICHOLSON: Will it show me all the connections, for example? COMMISSIONER WILLIAMS: What we're going to get is a plan -- an engineering plan that will detail for us the -- the 9 i~~-o~ 67 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 scope of the project, territory. It will detail for us the best options in terms of which way the effluent goes, east or west. It will -- it will give us enough information so that we can refine that down and know what the ultimate cost to the ratepayer after hooking on should be per month and so forth, all that detail. I misunderstood your question, Commissioner. JUDGE TINLEY: Anything further on that agenda item? We'11 move to the next agenda item; consider, discuss, and take appropriate action authorizing a Request for Proposals/Qualifications process for consultants and registered engineers to provide basic and special engineering services for the Center Point wastewater facilities project. COMMISSIONER WILLIAMS: This, too, is required. We have to do RFQ's to find engineers or consultants willing to move forward and do this work for us for the prescribed amount, in accordance with the scope of work that was approved by Texas Water Development Soard. Grantworks has offered to do the administration of the RFQ process for us pro bono, and all I need is the Court's approval to get this process underway. COMMISSIONER NICHOLSON: I like that pro bono part. COMMISSIONER LETZ: Was that a motion? COMMISSIONER WILLIAMS: Yes, sir. COMMISSIONER LETZ: I'll second it. 4-lu-Oo 68 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 JUDGE TINLEY: Motion made and seconded for approval of the agenda item in accordance with the -- with the materials furnished. Any question or discussion? COMMISSIONER LETZ: Yeah, I do have a question. Why are they doing it pro Bono? I mean, I know Grantworks is -- we've done work with them before. They're -- I can't imagine them doing it unless they're expecting something at the end of this or at some point during the process. COMMISSIONER WILLIAMS: Well, because they've done a lot of work for us and have been paid for it. They don't typically do work of this nature under T.W.D.B. It's a little new for them. I think they'd like to do it. They've not managed the process under T.W.D.B. guidelines in the past. They also were probably anticipating future opportunities with Kerr County. COMMISSIONER LETZ: So, they're -- because of future and -- past and future dealings, they're -- this will be a good way for them to keep their foot in the door. COMMISSIONER WILLIAMS: That's the way I see it. COMMISSIONER LETZ: Okay. 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.) 9-10 06 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 JUDGE TINLEY: The motion does carry. Item 11; consider, discuss, and take appropriate action on hiring consulting engineer to review subdivision engineering documents. Mr. Letz? COMMISSIONER LETZ: Brief comment before we ultimately pass on this today. The -- I was hoping to have some names to bring forward, or a way to approach this, really, and I really don't have that finalized. The -- I've talked with some engineers about this, and what I've come up with is -- what I'm hoping to bring back next court is, one of our adjoining counties has some engineers that do this basic function for their counties, and trying to maybe bring that engineer in on a contract basis. The reason I like that approach is that it avoids any conflict or having local -- one local engineer pointing the finger at another engineer, which they're very reluctant to do. COMMISSIONER BALDWIN: I agree. Great thought. Are you talking with somebody in Kendall or Gillespie? CQMMI5SIONEF. LETZ: Gillespie. COMMISSIONER BALDWIN: Good, I'm liking it more. Good deal. Great thought. MR. WILLIAMS: So, anyway -- and, again, I just missed -- Wayne Wells is the individual, and we just have not been able to hook up by phone to see if he has any interest in pursuing this or not, so I have no idea. 9-io-or 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 L S 70 COMMISSIONER BALDWIN: I like it. COMMISSIONER LETZ: So I'll bring that back at the next meeting, hopefully. That's it. JUDGE TINLEY: Okay. Anything else on that agenda item? COMMISSIONER BALDWIN: Judge, I need a break. I'm having to think. JUDGE TINLEY: Be patient. Be patient, I'm going to get there. You're reading my mind. I want you to know that your mental telepathy is working very, very well. COMMISSIONER BALDWIN: And it's wearing me down; that's what I'm trying to tell you. JUDGE TINLEY: We are at the witching hour now, so we'll be in recess for 15 minutes. Is that going to be adequate? COMMISSIONER BALDWIN: That's pretty close. Pretty good. (Recess taken from 10:31 a.m. to 10:47 a.m.) JUDGE TINLEY: Okay, let's come back to order, if we might, and get back to our agenda. Item Number 12, consider and discuss the responses to the organizational development survey and plan an approach to identifying changes in the organization of the County's work that will improve productivity and/or functioning capability. Commissioner 4-10 Ob 1 .- 3 4 5 6 7 8 9 10 11 12 '°' 13 14 15 16 17 18 19 20 21 2~ 23 24 25 71 Nicholson? COMMISSIONER NICHOLSON: l put this on the agenda we're going to make any decisions today about how we might do things differently. I gave each of the members of the Court a -- a document that I prepared, just going through them, that had ideas about big pots of organization functions, how -- how things could be grouped together. T did that from a point of starting up Kerr County tomorrow, would we organize our work like it's organized now? The answer is probably no. It's evolved over time and you've picked up different things, and it's a bit of a patchwork organization. So, I -- I went through the various functions of work that are performed in the county and classified it into basically six different buckets of work that has -- has some similarity in function, and then tried to place each of those in those categories. The first one I called Code Enforcement, and that's one -- I don't pretend that these are accurate or the way that you would sort things out if you were starting from scratch. It's just a document that might stimulate some thinking about opportunities for doing things different. So, when you look at the work that's done in terms of the function, being enforcing court orders or laws, you include, for example, 9 lU U6 72 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 O.S.S.F., Solid Waste, Animal Control, subdivision rules, floodplain rules, perhaps county engineer work. And then I went on with the category of General Administration, Law Enforcement, Buildings and Maintenance, Financial Administration, Judicial, and some miscellaneous functions. Here, again, they're -- sorting things out that way is not the start of a proposal or a recommendation to do anything differently. It's just a document that might stimulate our thinking about how we can better organize our work. Really, what I'd like to see come out of our discussion today is a plan for where -- what we're going to do next. We got a lot of information from supervisors and elected officials, and what do we want to do with that information? COMMISSIONER LETZ: I think one of the things I'd like to see is that we've received surveys back about what they're doing. I would like to put it out for the elected officials and department heads to let us -- give us some feedback back. And I see Barbara sitting in the audience, so I'll pick on her. You know, she has her constitutional duties, and then she has a bunch of other stuff that we've, one way or another, got into that office. I don't know if it was before her or after her, when you first came -- MS. NEMEC: Before. COMMISSIONER LETZ: Before. Do those -- does that make sense from your standpoint? I mean, is there an easier 9-lo-oE 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 73 way to organize? And I'm just kind of -- kind of thinking out of the box on a lot of this stuff. I know we -- the Auditor and that department reports to the District Judges. You know, some of what they do, can they come under -- it seems we have a real duplication there. I know we've got to follow the logic for Auditors being under District Judges. Okay. we -- that's the law; we have to do it that way. But a lot of the auditing function of paying bills and going through that, it seems to me, could come out of the Treasurer's office. I mean, it's just -- I don't understand what really -- so I'd be really interested to hear from -- you know, because, to me, an audit function is very different from what our Auditor is doing, or our Auditor's office is doing. "Audit" means to check to make sure things are done right. We pay all our bills through the Auditor's office. Well, why? Anyway, so that's the kind of thing that I look at as to -- you know, I would like to put it out for other elected officials and department heads to kind of say, do they see some things that we could reorganize, reshuffle things a little bit? MS. NEMEC: There are a lot of counties that have the Treasurer's office. How it got switched around, that was before my time; I don't know what the logic was for it. a-ic-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 74 COMMISSIONER LETZ: And I'm -- it's a little bit of a -- on that, the reason I brought that one up, it's a little -- somewhat self-serving, I guess, from the Court's standpoint, is that things under the District Judges, we don't have a whole lot of control over, And we don't have a whole lot of control over things in your office either, but we probably have a little bit more control over how things operate in your office than we do things that operate out of the District Judges. And not that I want -- you know, and I just think we need to kind of look at how things are organized, and just the whole thing, I think now is a good time to look at it. The other thing, you know, a lot of the -- the personnel side of it, you know, to me, there's no reason or logic that it's in the Treasurer's department. I mean, that's not a logical thing, in my -- that's an H.R. function; it's not a Treasurer's function necessarily. But there's some other things that we do that are probably more in that -- to me. So, anyway, I'd just be interested to see what they think about it, get some feedback from them. And, probably -- I don't -- it's such a big topic; I don't know how you cover it in a workshop and get something meaningful done. But also, I know everyone's busy, and just by putting it out, asking for them to give us feedback, they probably don't have the time and likely won't do it. 4-iu-on 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 7s COMMISSIONER NICHOLSON; Well, our questionnaire asked for feedback, and we got -- we got some. Not -- COMMISSIONER LETZ: No. COMMISSIONER NICHOLSON: Some chose not to answer. COMMISSIONER LETZ: Maintenance had a -- go ahead, Bill. COMMISSIONER WILLIAMS: I just had a couple -- just a couple notations here. I'm curious about it. I appreciate Dave taking the time to study county government and its organization, 'cause it's unlike anything else in our -- in our life, however it's structured. But we've already -- and we've made some departures, which I wonder how we get things back together. For example, Dave shows subdivision and floodplain under Code Enforcement. The reality is that it's under Road and Bridge, and Road and Bridge is a separate department totally from Buildings and Maintenance. The Auditor and the District Courts are linked because the District Courts', I guess, appointment of the Auditor is a check-and-balance type function, which the District Courts, by state law and Constitution, becomes a check and balance on our budgetary and -- and things we do, and so I'm curious about that. I'm also curious about Juvenile Probation, as to whether or not it is under law enforcement, or does it fall under judicial? And then I note that voter registration, which is an important thing, must -- unless I missed it, I 9-1U-06 r _~ . . . .-.._. - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 76 didn't see it there, and that -- that falls under Tax COMMISSIONER NICHOLSON: One of the things that organization experts look at when they look at organizations, the cost of management, and they usually measure things like span control; what's the average number of employees reporting to a supervisor? So, if one organization's got 14 reporting to a supervisor, and the other one's got seven, well, the cost of management might be twice as -- twice as much. And the other one is levels of management; do you have different levels of supervision you can -- when you can do it with two? And then the third thing is whether or not you ought to be i doing the function at all, and that's where outsourcing comes i gin; things that can be done better and less expensively by somebody else, they should be done that way. So, when you -- when I group them into these large organization buckets, I can see that we -- compared to some organizations, we've probably got too many chiefs compared to the Indians. And, again, a whole lot of that's driven by -- by state law. You have to have one of these and one of those, and so you're limited to what you can do. JUDGE TINLEY: Well, as Commissioner Williams said, the anomaly of organization of county government puts some mandates on us to -- that are a given start point, and that may not comport with using the normal management practices or 9-io uc 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 ~~ personnel management or structuring of function like you're ~ attempting to do here. You're basically coming with a function-based breakdown, but I think the start point necessarily is, as the -- as the survey went out, what are your -- what are your constitutional duties in this department? And that's a given, and you can't change the model there. You've got to start with that, because state law mandates that or Constitution, one or the other. But then, beyond that, you get to look at functionality. Which is -- which makes better sense? Which flows better? Commonality of function, things of that nature, and that gives you a -- maybe some efficiencies that you don't otherwise have if they're located somewhere else. But as to the nonconstitutional or state law-mandated functions of each of those offices, I would certainly be interested in what each elected official or department head was doing now that they feel is more appropriate somewhere else, and why they feel that way. And, on the other hand, as to those aren't doing now, but they feel like would be appropriate because of function or -- or particular abilities that they have wLthin their office, would be more appropriate in their office, and why as to -- as to that change. That's what I'd really like to see, are those kinds of responses from those two areas. a-io-o~ 78 1 "' 2 3 9 5 6 7 8 9 10 11 12 --- 13 14 15 16 17 18 19 20 21 22 23 "' 2 4 25 COMMISSIONER BALDWIN: I still -- I still think -- and I think we're getting close to what we're trying to do here. I actually have not been able to really capture your vision on this deal, but there's some things I like about it, and I think -- and my thinking is, I want to go a step outside is -- is constitutional duties. If we could list those things is to provide for the County Clerk and her office to run in an efficient manner -- I can't remember how all that's worded, but we're -- we're supposed to do all these wonderful things, and then have the separate list of the things that we do do, throughout the years that we've added on. As an example, all the social organizations; Big Brothers, Big Sisters -- COMMISSIONER LETZ: CASA. COMMISSIONER BALDWIN: CASA, all of those. You Constitution, and evaluate those things. I mean, Constitution -- as the Judge says, you know, I clearly see that that's not a debating point at all. We do those things. But I think that we will see layers and layers of things that we do and spend public money on that's just been laid on top of our -- our duties, and I'd really like to see -- and I've been talking about this for years. I'd really like to see us sit down and evaluate all of those things and see what we can 4-1n-ne 79 1 2 3 4 5 6 7 8 9 10 11 1L 13 14 15 16 17 18 19 20 21 22 23 24 25 live with and what the taxpayers -- I think we've come to that point financially, I really and truly do, of what the taxpayers can -- what can they afford? That's the question. We'd love to do lots of things, but what can you afford to do? And I think that this county is at that point. What can you -- what can we afford to do? And look at those things that are outside the Constitution that we do, and see what we can live with and what we can live without. That's what I'd like to see. I don't think that there is -- in the County Clerk's office, I don't think that they do many things outside the Constitution at all. I think probably Barbara does, because she's been asked to, like insurance and personnel and those kinds of things. But we do a bunch. I think this Court probably does all of them combined; spend money on things that we're not required to do, it's just a nice thing to do, back when Kerr County was a bunch of rich kids, that we had a lot of money. Before the juvenile facility broke us, we had the money to do all these things, and through the years, just added them on, added them on, added them on, and added them on. And now is a super appropriate time to take a look at that and be real about it, I think. COMMISSIONER NICHOLSON: So, for a little bit, I think, from the lack of an economy of scale, if our population in Kerr County doubled overnight, we wouldn't have to increase a-io o~ 80 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 our employment by double. In other words, I think small counties like us have more difficulty being efficient on a per capita basis than a big county like -- like Harris County. I don't know that. That's pretty extravagant, but logically, you might think that might be the case. COMMISSIONER WILLIAMS: It's amazing how population drives all of this. A former County Commissioner gave me a copy of a budget about 13, 14 years ago, that this Court approved, and it was about one-fourth the size of the current budget. Population drives a lot of things. COMMISSIONER NICHOLSON: Yeah. COMMISSIONER BALDWIN: Did it -- has the budget grown in proportion with the population growth? COMMISSIONER WILLIAMS: Population and the tax base, mm-hmm, sure. COMMISSIONER NICHOLSON: Where do we go from here? COMMISSIONER BALDWIN: Lunch. (Laughter.) COMMISSIONER LETZ: I think, you know, I recommend putting it back on the next agenda again. I think there's a -- I'd like to recategorize your categories a little bit. COMMISSIONER NICHOLSON: Yeah. COMMISSIONER BALDWIN: I think a little bit different. I think -- like, the library's not on here. COMMISSIONER NICHOLSON: I made some notes while everybody was talking. 4-10 06 1 ~. 3 4 5 6 7 8 9 10 11 12 -- 13 14 15 16 17 18 19 20 21 22 23 24 25 81 COMMISSIONER LETZ: A few things that aren't there. I'd probably structure it a little bit different. We're going i to have a County Clerk; we're gong to have a Treasurer. Kind of look what's under there, and, I mean, that's the framework we have to work within. Then you have to figure out what works best in those departments. I mean, they have their constitutional duties, obviously, but some of these things are more flexible. As an example of something, I mean, Collections. To me, that's a financial thing, and it ought to be tied in with other financial offices; doesn't need to be a whole department. I mean, basically, we're paying the supervisor there and paying a supervisor somewhere else for doing the same thing. Or it should go under -- maybe under judicial. I mean, they're mostly -- the collections that they're doing are coming out of the judicial side. Maybe ~ that's where that belongs. But it seems that, you know, the functions are necessary, but I don't know that we need departments for each of these. I mean, we have a lot of one- or two-people departments. COMMISSIONER NICHOLSON: Yeah. COMMISSIONER LETZ: I think we could have some I think that`s where Commissioner Nicholson was originally coming from. He's got a pretty lengthy background in -- in management, particularly personnel e-io-o~ 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 management, and I think he should be the chosen one to keep wrassling with this problem for us. That's not to mean that the rest of us don't have input, but I want to keep massaging it. COMMISSIONER WILLIAMS: Well, as Commissioner Letz mentioned, the library and two other three other things that -- as I glance at it, that are also part of it. EMS, a big-ticket item for us. Indigent health care, big-ticket item for us. These are things that we're called upon to do; in some cases, mandated to do, like indigent health. JUDGE TINLEY: In connection with the indigent health care, there's a kind of sort of proposal out there that maybe we're going to bring that back in-house, as opposed to continuing to handle it -- the administration aspect of it outside. And you -- we're kind of at the beginning point, as you said, if we were, 150 years ago, figuring out how we were going to structure this. So, that would certainly be one of those items. COMMISSIONER LETZ: And another thing just to keep in the back of our minds. We will be making a change out here within -- at the end of the year, as our -- as Kathy goes on to her new judicial responsibilities, and we need to keep that into the mix as to how that fits in. And whatever that replacement -- whoever that replacement is, you know, look at needs that we're looking for. 4 1n-OE 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 83 COMMISSIONER BALDWIN But turned into a major, major expense for the taxpayers of the county. First of all, I -- I'm a fan of the indigent health care program. I -- I believe that the government -- the local government, if we're required to do anything, is to take care of our needy neighbors and our needy citizens, those folks that truly -- that truly make the indigent health care list. I think that government is supposed to take care of those folks that are down and out, have absolutely no other place to go. That is what government does. However, I believe that the indigent health care ]ist has -- the criteria -- I just think it's turned into an unfair issue. We have people on there that are tapping into the system that are property owners, that are vehicle owners, that are -- you know, that kind of thing, and so it's -- I didn't know about the move to move it back into the county system, but I'm all for that. I just think if we ran -- if that thing was run right, then we would be doing the right thing. Those people that are really in need are the ones that would be used. But I was going to ask Number 4 -- you said a io-oc 1 3 4 5 6 7 8 9 10 11 12 13 14 15 lti 17 18 19 20 21 22 23 24 25 84 that he was the chosen one? Is that like -- JUDGE TINLEY: In my mind, he's the chosen one. COMMISSIONER BALDWIN: Or is that ordained, "The Ordained One"? Or, "0 great and mighty one"? Or -- JUDGE TINLEY: A11 of the above. COMMISSIONER BALDWIN: All of the above, COMMISSIONER LETZ: Or the retiring-soon one. COMMISSIONER BALDWIN: Yeah, that's what I'm afraid I of. COMMISSIONER NICHOLSON: Well, at least I'm here to defend myself, unlike when I was assigned to be liaison to the library. JUDGE TINLEY: We might be able to figure out a way to make that more permanent, if you'd like. COMMISSIONER WILLIAMS: Permanent? COMMISSIONER LETZ: I recommend we put it on the next agenda and kind of discuss it again, and maybe try to come up with a formula that Dave can look at. COMMISSIONER NICHOLSON: Let's all of us come up I with some more thoughts about it between now and then. COMMISSIONER LETZ: Glenn has a -- JUDGE TINLEY: Mr. Holekamp? MR. HOLEKAMP: I have a comment, possibly question. When we -- I know we got into a new computer system here in the courthouse. Now, we've been using the same format, the 9-1U-06 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 85 same line items for as long as I can remember here. At some point, it would really be nice if we could retool that thing, shuffle stuff around and get them properly placed, See, we -- each year we compare line item to line item. I'm going to -- just for example, I might be unusual from the standpoint I got four budgets, but if we could move them around a little bit, not change the bottom lines, total, but change them around to where they would reflect more closely what those people actually do and where they work, it would be very helpful. And, you know, I -- I'm not faulting the Judge by any means, because he has these numbers that he's given on -- on the schedule. But I think -- I think we're at a point where we could identify and place these budgets properly. I -- I think it would reflect better what they actually do, especially my department, where I've qot so many different areas that we do. COMMISSIONER LETZ: I think -- in that vein, I think we could do a whole ]ot of simplification in that process. We have office supplies; we have -- I mean, there's so many different categories. Lease copier supplies, regular office supplies, lease copier maintenance. I mean, those are all basically office functions, and it would give -- we could get rid of all these budget amendments we're doing if we could have broader categories that, you know cover running your office. I mean, I really don't care if it's going for lease copier paper or -- it real]y doesn't make a bit of difference 4-i~-oE 86 1 L 3 4 5 6 7 8 9 10 11 12 .... 13 14 15 16 17 18 19 20 21 22 23 z9 25 JUDGE TINLEY: What you're talking about is -- is, rather than a narrow line-item budget method of budgeting, a more general category of budgeting personnel, office equipment and supplies, and maybe capital expenditures. Very broad items, and, you know, how they handle it within that particular office. You know, it doesn't have to be posted. It doesn't have to be office supplies. It doesn't have to be other items of -- of minor equipment purchases. But -- COMMISSIONER LETZ: And maybe that's something we could ask the Auditor's office to come up with some categories that work a little bit easier, and I think that would also save a lot of efficiency and a lot of time. It takes a lot of time to code all this stuff down to all these lengthy codes and figure out, well, is it a -- what kind of a purchase is that? To me, it's unnecessary. COMMISSIONER WILLIAMS: It would certainly do away with a lot of $1.50 budget amendments throughout the course of the year. COMMISSIONER NICHOLSON: That's pretty antiquated, I think, the budgeting categories. I was thinking about this. Relative to this subject, I think John Trolinger gave us a copy of something about e-government, electronic government. And I got -- that struck me, and I got to thinking about that. When I fly -- it's either Southwest or Northwest Airlines. 9 10-06 87 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 With one or two of the airlines now, when I get to the airport, I, you know, touch the screen, -- COMMISSIONER LETZ: All of them. COMMISSIONER NICHOLSON: -- get my ticket and do some other stuff, pick my chair and all that. The time will come when -- it could happen now -- when a citizen comes to the courthouse to transact business; he doesn't have to talk to a person. COMMISSIONER LETZ: Well, I think that the -- in that area, the computer system is supposed to get us closer there, of letting people do more and more of this online, so we don't need to have them come to the courthouse. And, you know, one of the ways to encourage people not to come to the courthouse is if they have to wait a little bit when they get here. You know, you don't want to make it unreasonable, but I know that you -- you know, I'm not into the Tax Assessor's office every day getting a license or paying something for a vehicle, but rarely do you wait more than two or three minutes, if that, in there. Well, I mean, I think a -- to me, a 5- to 10-minute wait is not inappropriate to get a license tag. Or same in Jannett's office. I mean, you know, you don't want people waiting 30, 40 minutes for a service, but I don't think in this day, it's -- you know, we need to have counters open all day long. I mean, a short wait is not a problem. And I think if -- if people don't want that, 'cause 9-10-06 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 L 4 25 -- and I think one of the reasons we probably have that -- that open space is 'cause I think a lot of people do stuff online. A lot of people send their license thing in through the mail. The work needs to be done still, and you may not have an actual personnel change, but you can at least get a little bit more efficient use of the personnel. COMMISSIONER BALDWIN: I just want to say one more thing. My goal, what I would really -- my wish, what I'd really like to see come out of here, is the time that this Commissioners Court approves a budget, and it's a real -- the real thing, and we don't have department heads and other elected officials coming back 15 days later amending the budget. Now, I don't -- we've done -- we've done budgets 49 different ways, and I don't know the answer to it, other than get the elected official and department head to build their budget what -- you know, that's reasonable, and we approve it, and say, "See you next year." Do not walk back in here until next year. I don't know how you do that, but I -- that's my goal, is to see that. COMMISSIONER WILLIAMS: Some of that can be accomplished like Mr. Holekamp mentioned earlier -- COMMISSIONER BALDWIN: That's what's he's talking about. COMMISSIONER WILLIAMS: -- in terms of line items, what they are, and we can establish better categories instead a-io-oF 89 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 COMMISSIONER LETZ: All that takes time, and takes DODGE TINLEY: We fleshed that one out? Let's move on to 13; consider, discuss, and take appropriate action regarding the restructuring of the Kerr County Juvenile Detention Facility Center, including, but not limited to personnel, salaries, and building configuration. COMMISSIONER WILLIAMS: Judge, I'm going to ask that that be taken off of the Commissioners Court agenda, and it has already been suggested for placement by an addendum to the Kerr County Juvenile Facility Board of Trustees agenda, and that would be a more appropriate place for that discussion to take place. DODGE TINLEY: Very well. Anybody else on the Court have anything to offer on that? Let's quickly take up our department reports, then, under section -- under Item 14. Animal Control, I've been advised that they're working a special case in connection with abuse to an animal, I believe I heard, and will not have the opportunity to be with us today. If I'm not mistaken, I think we fairly frequently get 9-io-o6 90 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 reports from them out there at the facility. Let's move to the Extension Office. I note that Mr. Walston is with us. MR. WALSTON: Good morning. JUDGE TINLEY: Good morning, sir. MR. WALSTON: Good to see you gentlemen this morning. I appreciate the opportunity to come visit with you and give you an update as to what we've been getting accomplished over the last couple of months out in the County Extension Office. To start with, our Ag/Natural Resource subjects, and on February 7th, we hosted a fruit tree management workshop, which is an annual event, out at Ingram and Hunt area, and Dr. Larry Stein -- we had about 40 homeowners, gardeners, producers come out, and Dr. Stein worked -- worked us through a cool season management program, pruning, selection on varieties as far as planting, and some things like that. And it's always a well-attended program, and the producers always really enjoy it. March the 28th, Dr. Michael Masser -- we hosted a pond management program at Stablewood Springs, and had a really good program on identifying various aquatic weed types, how to control those weed types, as well as stocking ponds with the various aquatic species of fish types -- species, and we had, I believe, about 40 producers at that one as well. It was really well received, and the producers enjoyed it and got a lot out of it. He also covered pond management as far as 9-10-06 .... ..._ - ,.,~-. - - - ..._.a__.r__~ - ..~,___. _.___._. 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L1 22 23 24 25 fertilization and numerous other subjects. Of course, our private applicator certification, we just had that, I believe, this last week, and we're still certifying private applicators, and also recertifying those that have got their license and continuing to need to get those CEU's, and so we try to offer those as much as possible and at every event. Our Hill Country Master Gardeners have just finalized their last -- their fifth class. They're actively working on hosting the 2007 State Master Gardener meeting. We'll be hosting about 600 Master Gardeners in April of 2007. We're trying to get -- our host hotel is -- will be at the Inn of the Hills. It's a three-day program. They'll come in on Thursday, tour the Hill Country on Friday, and Saturday have a full day of meetings and educational seminars. COMMISSIONER BALDWIN: How many did you say? How many people? MR. WALSTON: There will be about 600. COMMISSIONER BALDWIN: How do you tour 600 people? MR. WALSTON: With a lot of buses. COMMISSIONER BALDWIN: Really? Who pays for this? MR. WALSTON: It'll have to come through sponsors, and -- and they'll be paying for it themselves. It'll come in as part of the registration fee. COMMISSIONER BALDWIN: Okay. MR. WALSTON: And, so, it was quite an undertaking a 9-10-U6 92 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 year ago when we started this. And they were excited about it and wanted to do it, and so they said, of course, you know, 600 is -- is -- they can pretty well get 600 anywhere, so when we're talking about coming to the Hill Country, we may be pushing over 700, 750. So -- COMMISSIONER LETZ: Are they going to have a trade show and things of that nature as well? Or exhibitors, or just -- MR. WALSTON: They'll have some exhibitors. We'll have exhibitors that -- sponsors that will -- and we're working on all the -- everything's going to be set up there at the Inn of the Hills, and we're going to have the booths and things there inside. So -- COMMISSIONER LETZ: Good. MR. WALSTON: Trying to find a place to house 600 was -- you know, and transportation is our big deal. But they're going really well, they're really active, and everything is -- they're helping out on the phone banks and at the office, and things are moving along real smoothly. Moving into our 4-H and youth areas, of course, the past three months, I've been pretty well tied up since the middle of January with going to stock shows at Forth Worth, San Antone, Houston, San Angelo, and Austin, along with our district show, and this year we had 88 Kerr County 4-H members competed in the five major shows. They generated $14,700 in premium from a-i~ 06 1 3 9 5 6 7 8 9 10 11 12 " 13 14 15 16 17 18 19 20 21 22 23 24 25 93 the sale of their livestock. Also, we -- this year, we hauled some wool and mohair and livestock judging teams. The wool team won champion wool team at San Antonio, as well as San Angelo, and then was reserve wool judging team at Houston. So, the kids were pretty excited about going into Houston and trying to win the triple crown. So, unfortunately, they were a little short, but they're excited and they're going. We just got back Saturday from going to Ozona, so the judging teams are active and going. We also are moving into -- JUDGE TINLEY: Let me ask you, if I might, approximately how many entries -- judging team entries were there at Houston? MR, WALSTON: Houston is -- this was their first five teams. And in San Antonio, I believe they had 16 teams, and in San Angelo, six to eight teams, I think. So, it's -- it's one of those things that there's -- it's not a real large program -- contest, but those teams that are there are there year-in, year-out, and it gets pretty competitive with our neighbors in Kendall and Kimball and Sutton. And, so, it's -- you know, we're a pretty close-knit bunch, but we don't mind competing against each other. So, moving into our educational presentations and our method demonstrations, what we've known for a long time is what we call our share-the-fun method demonstrations, and which we'll be having our county roundup 9-10 06 94 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 April the 30th, I believe, is that Sunday, and I want to invite y'all to come out. All our kids will be giving their presentations on that Sunday afternoon, and -- COMMISSIONER LETZ: The 30th? MR. WALSTON: If that's a Sunday. It'll be that Sunday. I believe it's the 30th. COMMISSIONER BALDWIN: Yes. COMMISSIONER LETZ: Yes. MR. WALSTON: Okay. That Sunday afternoon, we'll be -- we'll be having it, I believe, starting at 2 o'clock. And we've got 31 Kerr County 9-H'ers that will be competing at our district roundup, and that includes method demonstrations, share-the-fun public speaking opportunities for these kids, and it will be individuals as well as teams. So, we're excited about that. That will -- our district contest will be May the 6th. And, so -- and another thing I want to be sure and mention; Laurinda has just gotten back from Washington, D.C., and we've talked to y'all about our Salvation Army program that we've worked with them. That is operated off of a grant; that's a Building Community Inclusion grant. That is to include handicapped as well as any other youth in -- in the 4-H program. She traveled to Washington, D.C. and represented Kerr County as well as Texas 4-H on that S.C.I. grant, and I thought she did an excellent job. And with that program, she's starting to get some recognition from that, and she's 9- 1 0 U b 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 also going to be going to Texas A & M in the next week or so to be recognized, and she was recognized at the district level last week on the work she's doing for those kids. So, I think our program's off and running really smoothly. Another thing I'd like to mention, our 9-H clubs donated -- raised $2,000 for the M.L. Chartier scholarship fund, and in hopes of helping that scholarship fund get started. So, everything's moving -- moving real smoothly. And we'll be, like I say, gearing up with 4-H as far as our judging teams and things. We've also got numerous other field days and programs coming on here in April and May as far as our Hill Country Living 101, which is for new land owners that are coming in the county. It's a two-day program to where they're able to come in and learn about what it's like living in the hill country and what programs are out there for them to look at. So -- COMMISSIONER BALDWIN: Do you tell them about the burn ban? MR. WALSTON: Well -- COMMISSIONER BALDWIN: Kind of like that? MR. WALSTON: Yeah. And that's -- that's some of the things that -- you know, sometimes we don't promote to certain people, but sometimes we do. COMMISSIONER BALDWIN: You're way too nice. JUDGE TINLEY: Anybody on the Court have any 9-io-oh 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 96 questions for Mr. Walston? COMMISSIONER HALDWIN: Thank you, sir. JUDGE TINLEY: Thank you, sir. Appreciate you being ~ here. MR. WALSTON: Thank you. COMMISSIONER LETZ: Good report, JUDGE TINLEY: Environmental Health. MR. ARREOLA: Good morning. JUDGE TINLEY: Good morning, sir. MR. ARREOLA: I want to try this real quick and just have some charts to give you, be self-explanatory. (Discussion off the record.) MR. ARREOLA: The first one there is just an overall performance of the O.S.S.F. department. It just tells what our goal is for the year, and how we're doing in the middle of the year. Six months passed, and we're right at the mark where we think we should be. Applications and revenue are up from last year, and going just on target on that. The complaints are under control; they're being investigated on time, and we have been receiving less than last year, so that's a positive. We also been developing a 1Lttle bit of computer programs to make it more efficient and make it faster, and it is working. The second chart you have in there is, we are responding -- our response time to the professionals in the 9-io-o~ 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2L 23 24 25 97 industry, how we -- how we're responding, and to give them approvals for installations. State law requires 30 days for us to respond, and you can see there, 95.5 percent, it's 1 to 15 days. It's normally three days, but we just mark it as less than 15 days. So, it's -- we're doing pretty good in that area too. The other chart is a requirement by the state law also. We are supposed to track all the aerobic treatment units. We are doing that, and we are having people out of compliance getting back into compliance. Total units in the county, it's 1,353. That's aerobic units only. And of those, only 81 are without a contract, so that it's a -- by percentage, there's about 6 percent of the total is without it. And then the breakdown of why they are out -- without a contract is also there, if you have any questions on that. That's basically how O.S,S.F. is doing. The next chart is for solid waste. The numbers you have in front of you, it's the same period of time from last year to this year. It's fiscal year, so it's October 1st to last day of March. We've been receiving a little knit more I i cases this year than last year. The response time has been a lot slower because of the personnel problem, but we're still working on it as hard as we can. The next is just the -- the monthly report. And that's basically what I have, and if you have any questions? JUDGE TINLEY: Any questions for Mr. Arreola? 4-io-o6 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 25 COMMISSIONER WILLIAMS: Enforcement. How many have been turned over to the County Attorney for enforcement? How many cases? MR. ARREOLA: Number of cases, I don't have exactly a number year-to-date. Last month, we did -- I can tell you real quick. Four -- no, let me see where that is. I don't have the number here with me. I can get you that, but we've been doing probably about four or five that we turned in. COMMISSIONER WILLIAMS: Last year? MR. ARREOLA: No, last month. COMMISSIONER WILLIAMS: Last month. MR. ARREOLA: Yes. Most of them -- all of them got i resolved. And that includes violations of aerobic units also, so those are not too difficult to deal with. But what we've turned in as an enforcement, we're now at zero that is pending I to be resolved. COMMISSIONER WILLIAMS: Thank you. i JUDGE TINLEY: Any other questions for Mr. Arreola? ~ Thank you, sir. Appreciate you being here. MR. ARREOLA: Thank you. JUDGE TINLEY: What's the Court's pleasure on winding up the Court's business quickly on the payment of the bills and then going to -- COMMISSIONER WILLIAMS: Okay. COMMISSIONER LETZ: Go ahead. 4-10-06 99 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: Yeah, okay. Let's move on, then, to Section 4 of the agenda, if we might, payment of the bills. COMMISSIONER BALDWIN: Do we have an Auditor? JUDGE TINLEY: We got a Sheriff going to summon the Auditor. Do we have any questions on the bills? COMMISSIONER BALDWIN: No. A comment here, though. I really like this new -- the new program. One -- first thing about it that I like a lot, I don't see any -- not one bill from the Commissioners Court. So -- COMMISSIONER WILLIAMS: Next month. JUDGE TINLEY: Well -- COMMISSIONER BALDWIN: Well, I'm just saying it looks good right now. But I know the County Judge is a pretty heavy spender, $40 for the month. JUDGE TINLEY: Yeah, I jumped out there and put a pretty good size dent in my budget. Anybody else have any questions about the bills? Comments? COMMISSIONER NICHOLSON: i move we pay the bills. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded to pay the bills. Any 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.) a zo-o6 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 L1 22 23 24 25 100 JUDGE TINLEY: The motion does carry. Budget amendments. Budget Amendment Request Number 1. MS. WILLIAMS: Yes, sir. We have a bill to pay a Court-appointed attorney out of the 216th District Court, and we are short $72.47. This will be an ongoing thing, I have a feeling. We want to go ahead and move it out of the Civil Court-Appointed Attorney line item up to Court-Appointed Attorney. COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 1. Any question or comment? COMMISSIONER BALDWIN: Question. I just want to be clear here. We're six months into the budget, and we budgeted $90,000 for Court-appointed attorneys in 216th District -- MS. WILLIAMS: Yes, sir. COMMISSIONER BALDWIN: -- and they're out of money? MS. WILLIAMS: (Nodded.) COMMISSIONER BALDWIN: Okay. MS. WILLIAMS: Yes. COMMISSIONER BALDWIN: Thank you. MS. WILLIAMS: You're welcome. JUDGE TINLEY: Any other questions or comments? All in favor of the motion, signify by raising your right hand. 4- 1 ~ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 L2 23 24 25 101 (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. The motion does carry. Budget Amendment Request Number 2. MS. WILLIAMS: Basically, this is the same as Budget Amendment Number 1, only this is in the 198th District Court. We have a couple of bills, but these are on Court-appointed services. These are for a couple of bills to pay an investigator on a Court-appointed case. We want to move $1,]52.68 out of Civil Court-Appainted Attorneys line item and move it up to the Court-Appointed Services in 198th District Court. COMMISSIONER WILLIAMS: Question, Ms. Williams. MS. WILLIAMS: Sir? COMMISSIONER WILLIAMS: In your opinion, have we underbudgeted in both of those categories, or are the expenses extraordinarily high this year? MS. WILLIAMS: I think the expense are just a little high this year. These are things that we can't really anticipate. COMMISSIONER WILLIAMS: So moved. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded to approve Budget Amendment Request Number 2. Any questions or comments? COMMISSIONER BALDWIN: Let me make it clear here. We're six months into the budget, and this line's broke. ~-io-o6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 102 MS. WILLIAMS: Yes, sir. COMMISSIONER BALDWIN: Thank you. MS. WILLIAMS: You're welcome. 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. Budget Amendment Request Number 3. MS. WILLIAMS: Okay, This involves the Detention Maintenance budget in general fund. We have a couple of bills that we're holding that we need to pay, and there are not adequate funds in either one of these line items, the first one being the Maintenance and Custodial Supplies. We have a bill for $425 that needs to be paid, and in the Detention Repairs line item, we have a bill for 1,695.50. We need $1,010.64 to be able to pay that. Again, as -- like when I was here last court meeting, there is nowhere in the general i fund that I can see to take the money from, so I'm leaving it I up to the discretion of the Court to guide me. COMMISSIONER BALDWIN: Fund 10-515, is that -- that's under Glenn? MS. WILLIAMS: Yes, sir. COMMISSIONER BALDWIN: Okay. ~ -io- o~ _. ._. ~ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 103 COMMISSIONER WILLIAMS: Have we used the other moneys that -- unexpended moneys in the Marketing line item? Have those been used up? MS. WILLIAMS: No, sir, We do have some moneys Left in that Marketing line item that we could probably reallocate over here to take care of these bills. COMMISSIONER SALDWIN: How much? MS. WILLIAMS: I would say probably around $4,000, because I do have -- the next budget amendment will address that. I have some bills that we need to pay out of the Detention Facility budget that I wanted to reallocate moneys out of Marketing to different areas. COMMISSIONER WILLIAMS: Okay. So, you don't really want us to make a precipitous move here. MS. WILLIAMS: No, that would be fine. We're only looking at needing $1,900. What I need -- what I need to move out of this next budget amendment is, like, 3,300-plus, so we're still going to have a little bit of cushion there. JUDGE TINLEY: You're going to have 3,893 left after that next budget amendment. MS. WILLIAMS: Yes, sir. So, I -- if we want to take it out of that Marketing line item in Fund 76, that would be fine with me. COMMISSIONER SALDWIN: I do. COMMISSIONER WILLIAMS: That would be my preference. 9 io-on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 104 COMMISSIONER LETZ: Yes. So moved, with the money to come out of the Marketing line item. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 3, with funds to come from 76-572-980, Marketing, Detention Center. 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. Budget Amendment Request Number 4. MS. WILLIAMS: Okay. On this budget amendment request, we have a couple of line items that we really need to put money into, and when I did the budget amendments, I was anticipating a couple of months down the road. We have -- at present, we have food expenses of 383.02. We need to get those paid as soon as possible. We have resident medical -- the budget amendment says 2,030.73, but we have gotten additional bills in to the tune of over $2,000, so we're looking at about $4,200 in resident medical that we need to pay pretty quick. Some of these I have set up to request hand checks, as late bills, so that we can get them in the works get them out. The others I think we can easily process at the 4-10-OE __-_.__.._...._.~r.--,._ .. ~ r ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 105 next court meeting. I don't think there'll be a problem with the vendors. On the Resident Medical line item, I was asking for $5,000. I still want to leave it at that, because I think that's enough to cover what we've got pending. We can look at what we get in later. Lease Copier, there are two copiers out there that are under contract, and I think we just probably underbudgeted for those. I'm anticipating -- the $3,300 that I'm requesting, I'm anticipating to carry through the end of September. That could all change; I don't know. Either way, I think with the contract, if we cancel one, we're going to have to buy it out, unless we can work with Canon, get them to just pick one up and call it square. These other line items, Ms. Harris and I went over these at that time, and we feel pretty comfortable that we can move these moneys out of those ~ line items without damaging them too much. COMMISSIONER BALDWIN: Let me ask a question. Let's go back to the food thing again. MS. WILLIAMS: Okay. COMMISSIONER BALDWIN: You have a current expense of $383? MS. WILLIAMS: Yes. COMMISSIONER BALDWIN: And you're moving into that ]ine over 10,000. Now, why is that? MS. WILLIAMS: I was anticipating the bill from Sysco, I believe, for March and April's expenses. Sysco and 4-io-oF 1 2 3 4 5 6 7 8 9 10 11 12 13 19 I5 16 17 18 19 20 21 L2 23 24 25 106 Oak Farms, they're running right at $5,000 a month. COMMISSIONER BALDWIN: So, you think -- do you think that if the place completely shut down tomorrow, -- MS. WILLIAMS: Mm-hmm? COMMISSIONER BALDWIN: -- do you think that this would cover all the grocery bills? MS. WILLIAMS: It may. It may not. I have no idea what's sitting out there. I really don't know. COMMISSIONER BALDWIN: But you happen to know about a few things? MS. WILLIAMS: Yes -- yeah. And, like I said, the amount that I put in there is just a projected amount, based on what we figured they've been spending on average per month for the last month or so. COMMISSIONER WILLIAMS: That was going to be my question, how did you project that amount. 'Cause I think the budget was 30,000, and we've long since expended that. MS. WILLIAMS: Oh, yes. But the early part of the fiscal year, October-November-December, we had a lot of kids; the expenses were higher. The last month or so, like January-February has not been quite as high, and it's -- I took those and kind of averaged them and figured we're going to probably stay along that even line, I hope. COMMISSIONER LETZ: Move approval. COMMISSIONER WILLIAMS: Second. 4-1U-06 107 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 MS. WILLIAMS: I have -- excuse me. I have copies of the invoices that I would like to get the Court to approve as late bills. JUDGE TINLEY: But we're not handling it with this budget amendment. MS. WILLIAMS: Yes, sir, I -- I do need to have it handled with this budget amendment so we can go ahead and get the checks out. JUDGE TINLEY: What you're saying is you need hand checks as part of this budget amendment? MS. WILLIAMS: Yes, sir. JUDGE TINLEY: To H.E.H. Credit Receivables for $363.57, Gold Star Food Service for $19.45, Ackman Pharmacy for $1,377.99, and for Walmart Community to -- for 191.76? MS. WILLIAMS: Yes, sir. JUDGE TINLEY: Who made that motion? COMMISSIONER LETZ: I did. It includes -- JUDGE TINLEY: You included that as part of the motion? COMMISSIONER LETZ: Yes, it does, including the hand checks. JUDGE TINLEY: Any further question or discussion on the motion to approve Budget Amendment Request Number 4 with the hand checks added? All in favor of the motion, signify by raising your right hand. e io of 108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Do we have any other budget amendments? MS. WILLIAMS: Yes, sir, I have one more that I had to work up. Here you go. This is mine. Okay, this budget amendment, I spoke with the Tax Assessor about the midd]e or so of last week. When she prepared her request for the '05-'06 budget, she requested the full amount of money that she had the previous year for her software maintenance. For some reason, she didn't get that full amount; she only got $8,772. I'm not sure why there was a difference, but I am kind of guessing that maybe we were anticipating that we would be on the new software earlier than what we are. With delays and whatnot, I'm not sure what happened. Bottom line is, we have a bill for $2,189 that we need to pay to Software Group, and she's only got $332 left in her budget. And I spoke with her; she's looked through her budget. She can't find it. I really couldn't find $1,857 in any other of her line items either. And if we take it out now, we're just going to have to come back later on and do something different later. So, I'm wondering if the Court has any direction for me to look at? COMMISSIONER WILLIAMS: I want to ask a question. 4 1 0 0 6 _. ._..... _ ..__ ~ t _ _.a ~ ~~_.~~ 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 109 Ss this for software maintenance on the system that's being -- MS. WILLIAMS: The current -- COMMISSIONER WILLIAMS: -- replaced? MS. WILLIAMS: The current system. They are having to run -- and especially for this bill, this is on the automated tax collection system. They're having to run the two systems concurrently side-by-side. It was something that Paula said they required her to do so that they could kind of compare and make sure that everything on the new system is jibing with the old system. And she anticipates probably running that through the end of this budget year. Hopefully not that long, but we're not sure. So, this budget amendment request is strictly to take care of the bill that we have that covers the period of April 1st through June 30th. COMMISSIONER NICHOLSON; This software is software that the County owns? Does anybody know? JUDGE TINLEY: I think it's software that the County presently owns, but as soon as this new system is online, will become obsolete and no longer needed. But that's part of an annualized software maintenance amount? MS. WILLIAMS: Yes, sir, and they bill it quarterly, COMMISSIONER BALDWIN: Help me -- help me just a little bit. We budgeted 19,000? MS. WILLIAMS: The previous year. COMMISSIONER BALDWIN: 14,000. 4-10-Ob 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. WILLIAMS: The backup that I gave you. COMMISSIONER BALDWIN: What did we budget for '06? MS. WILLIAMS: $8,772. The backup that's attached to the budget amendment is strictly what the Tax Assessor gave me. It was copies of her worksheets where she had requested the full amount, with her explanation about the line item remaining unchanged. But when the budget was approved, evidently it had been cut down to the 8,772. JUDGE TINLEY: If that 2,189 is a quarterly charge, looks like the 87 was right on the mark. MS. WILLIAMS: But that is only for automated tax collection, client support. She also has vehicles -- let's see. There's one other one that she has that we pay every quarter. JUDGE TINLEY: Okay. Maybe that's where the mistake occurred, then. MS. WILLIAMS: It could very well be. JUDGE TINLEY: Okay. COMMISSIONER LETZ: Is there any money in contingency for Commissioners Court left? MS. WILLIAMS: I believe there's $3,000. Don't hold he to it, but I believe we have $3,000 in that line item. COMMISSIONER LETZ: Why don't we take it out of -- I make a motion we approve the budget amendment and take the funds from Nondepartmental Contingency. 9-10-Ob 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 111 COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded as indicated. Any question or discussion? COMMISSIONER BALDWIN: Yeah. Yeah, absolutely. I just want to say that we're six months in this budget, and we're -- this is unbelievable. Isn't this unbelievable? Y'all find this funny? This is absolutely incredible. What is the answer to this thing? I have another Number 5 here. Where'd it come from? MS. WILLIAMS: It's the court reporter's copy. COMMISSIONER BALDWIN: Well, it's a different Number 5, though. Different information. JUDGE TINLEY: May have been last week's. MS. WILLIAMS: What's the date underneath it? COMMISSIONER BALDWIN: Three -- MS. WILLIAMS: No, under the 5. COMMISSIONER BALDWIN: 3/13. MS. WILLIAMS: Okay, that was two sessions ago. COMMISSIONER BALDWIN: Okay. Well, I appreciate you keep pumping the information to me so I don't get lost. I really appreciate it. MS. WILLIAMS: You're welcome. COMMISSIONER BALDWIN: Okay. JUDGE TINLEY: Any other questions or comments? All in favor of the motion, signify by raising your right hand. 9-10-Oti __._ ~~ r 112 1 2 3 4 5 6 7 8 9 10 11 l2 13 19 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: The motion does carry. Do we have any late bills? MS. WILLIAMS: No, sir, that's it. JUDGE TINLEY: Other than the ones we've taken care I of. MS. WILLIAMS: Yes, sir. JUDGE TINLEY: I have before me monthly reports from the -- COMMISSIONER BALDWIN: Thanks, Mindy. JUDGE TINLEY: -- District Clerk -- MS. WILLIAMS: You're welcome. JUDGE TINLEY: -- and the County Clerk, general fund report. Do I hear a motion that these reports be approved as submitted? COMMISSIONER NICHOLSON: So moved. COMMISSIONER LETZ: Second. JUDGE TINLEX: Motion made and seconded that the indicated reports be approved as submitted. Any question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. a-in-o6 _._ _..._ ,___.._~.w_.. 1 ._. 2 3 4 5 6 7 8 9 10 11 12 ,_ 13 14 15 16 17 18 19 20 21 22 23 24 25 113 (NO response.) JODGE TINLEY: The motion does carry. Any of the Commissioners have any reports as their committee and liaison assignments that they wish to render now? COMMISSIONER NICHOLSON: I do. Let's talk about the meeting, I gave you a copy of the Kerrville City Council's budget schedule, and what was due April 3rd was the so-called base budgets, working documents, current-year estimates. And those were provided to the City Manager on the 3rd of April. We met in a workshop on the 4th of April -- the Library Board, "we" meaning the Library Board -- and we reviewed those documents in some detail, line by line. This is essentially a forecast of what costs are going to be for this fiscal year. It doesn't include escalation for pay raises and things like that. I did learn some things about the library budget that I want to share with you, and I wouldn't mind having some -- some feedback or direction from you about how -- directionally, on preparing the library budget. I think the library budget is going to be about $940,000, plus pay increases -- no, about 823,000 -- I got it wrong again. It's going to be about $940,000 plus pay increases, which would mean, I'm guessing, that the budget proposed by the Library Director is going to be about $970,000. If -- if we decided, for example, to pay half of 9-10-06 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 114 that budget, that would be about $130,000 more than we approved for payment this year. I analyzed the budget, and it's not unlike other government functions; 80 percent of the costs is people -- pay, benefits, taxes, health insurance. And about 12 percent is literally -- literary materials, books and tapes and things like that. And the balance of it, pens and pencils and computers, paper and all that, is 8 percent. So, if you were concerned about controlling the costs to your library, attacking that "All Other" category of only 8 percent is not going to yield very much. COMMISSIONER BALDWIN: Mm-hmm. COMMISSIONER NICHOLSON: You're not going to have much impact trying to control pencils and paper. If you're in the library business, you need to be buying new books, so, probably attacking the $110,000 a year or so budgeted for those materials is counterproductive. That leaves people. We've got about somewhere around 13, 13 and a half equivalent full-time employees there, so that's what we're looking at. We're looking at -- COMMISSIONER BALDWIN: Out of those 13, how many are degreed librarians? Do you know that? COMMISSIONER NICHOLSON: I don't know. COMMISSIONER BALDWIN: That's an interesting number to have. COMMISSIONER NICHOLSON: I know they're very -- 9-10-06 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 115 appear to be very particular about who can work dealing with the users. We've got a whole lot of -- of volunteers; I'm going to say 30, maybe 90. We had more than that in the past. They don't let them deal with the users. COMMISSIONER LETZ: "Users" being the public? COMMISSIONER NICHOLSON: Yeah. In fact, my neighbor is a retired degreed librarian, and she's a volunteer, and she doesn't fill one of the roles of giving materials to people, answering questions. They're background people. COMMISSIONER LETZ: Is -- do you anticipate the Advisory Board delving into this personnel issue? COMMISSIONER NICHOLSON: No, I don't sense much motivation on the part of the Library Board to control costs. COMMISSIONER BALDWIN: Would that be a Commissioners Court function, by any chance? COMMISSIONER NICHOLSON: I'm looking for a little direction here, Commissioners. I -- there's strong support, I think, on the -- certainly, on the Friends of the Library, and probably on the Library Board, for expanding. COMMISSIONER LETZ: Budget or library, or both? COMMISSIONER NICHOLSON: Both. COMMISSIONER BALDWIN: Building, staff, budget. COMMISSIONER WILLIAMS: How does -- how does that big figure, Commissioner, comport with what they will tell us, and probably have already told you, is the average number of 9 io-oh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 116 dollars per resident of the county that they'd like to see spent on library services? The per diem expenditure -- or not per diem. JUDGE TINLEY: Per capita. COMMISSIONER WILLIAMS: Per capita. COMMISSIONER NICHOLSON: Well, at a minimum, $13.50 per capita is the state minimum. You have to spend that much money to be eligible for -- to participate in their programs. I think that only generates about six, seven -- or 13.50 times 95,000, whatever that is, somewhere around 600,000 or 700,000. And we're probably looking at 970,000. COMMISSIONER LETZ: I know that there's frequently mentioned to us the number of library cards that are outstanding, and we've looked at -- and one or two things I'd like to know is, one, are these cards or people -- patrons that are actively using the library, or cards that have been issued in the last 50 years? And what's -- you know, I'd like to get a handle on the number of people that are actually using the library. COMMISSIONER NICHOLSON: I think I can probably answer that. JUDGE TINLEY: 610,000. COMMISSIONER BALDWIN: How much? JUDGE TINLEY: 610. COMMISSIONER WILLIAMS: That would be 13.50 times 4-10-ub ~ r ~.~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~5 117 what? JUDGE TINLEY: 45,000. COMMISSIONER LETZ: So, they're asking -- well, go back to this question. They're -- the budget is requesting funding almost 30 percent above what the state recommends. Is that what you -- JUDGE TINLEY: State minimum, yeah. COMMISSIONER LETZ: State minimum. JUDGE TINLEY: At the minimum level of 13.50 per capita, it would come out just a little over 600,000. COMMISSIONER LETZ: So, we're -- 900,000 is about 30 percent more -- 50 percent more. COMMISSIONER WILLIAMS: 50 percent. JUDGE TINLEY: 50. COMMISSIONER NICHOLSON: Gate count, that's the total number of people that walk through the door. And 2006 is projected to be 175,000. COMMISSIONER LETZ: Is there any -- is there any idea as to how many different -- I'm trying to figure out the usage. That counts one person going five times in one day as -- the gate count doesn't really give you a distribution. COMMISSIONER NICHOLSON: I don't know what the registrations are, but I think included in that may be somebody that registered 40 years ago. COMMISSIONER BALDWIN: Did you do the gate count 9-10-06 ~~_ ~~ - ~_ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 118 II times -- COMMISSIONER LETZ: Have they looked at -- and they don't charge? There's no charge for a library card? COMMISSIONER NICHOLSON: No. They -- if they charge anything for the library services, they lose their eligibility for state program participation. COMMISSIONER LETZ: Can we require -- can we get new library cards? Can we say, "Okay, we want to update our records"? We want to get every -- you know, just a one-time thing. That would at least find out how many are really using it county-wide, and get a name and address from everybody. COMMISSIONER NICHOLSON: Right. COMMISSIONER LETZ: That might be a way at least to get a handle on the usage side of it a little bit better than what we have right now. I mean -- COMMISSIONER NICHOLSON: In case you're interested, there's some interesting learnings. The library is much, much more than a place to go learn something from a book or other materials. They laugh and say on the weekends, the library is the Chamber of Commerce. People come in there and get information about Kerr County, maps and directions. I got in trouble last time I said this, but I'll say it again. It's also an internet cafe. Snowbirds, travelers, and local people go in there to check their e-mail and do other things on the internet that are not related to literacy. It's a place where 9 io on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 119 you can go get your taxes done. I'm not saying there's anything wrong with all these things. It's just -- the only question is, do you -- should -- are those the kind of things that taxpayer funds should be used for? COMMISSIONER LETZ: And all those are free. COMMISSIONER NICHOLSON: Oh, yeah. JODGE TINLEY: But -- but could we charge a fee for those services and not jeopardize the state funding? COMMISSIONER NICHOLSON: I'm afraid to answer that. I've raised that question about some products. Some said no, you can't do that. COMMISSIONER LETZ: Be interesting to know. Or maybe -- maybe we should ask the state licensing -- or the state agency may be a better source of that information. COMMISSIONER NICHOLSON: What do we do that we can charge for? COMMISSIONER LETZ: That's the bottom line. Because especially if we're using things like, you know, e-mail, or using the computers and stuff, I mean, I think it's great, and I don't mind spending public dollars to provide a spot to do it, but I also think the users should pay a -- pay for that. COMMISSIONER WILLIAMS: That gets us right back to the point Commissioner Baldwin made earlier, when we were talking about the budget matter. Things that we are required to provide and things that we have opted to provide over the 9-10-OE 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 L2 23 24 25 120 years. I think you can make the same analysis for the library. COMMISSIONER LETZ: And I think that's a good starting point, 'cause I think -- I mean, I personally am very much in favor of -- we want to provide a library service. But, as we've said -- I've said the past couple of years, it's getting to a point that it's real hard to do that at the level that the library wants. I mean, a million dollars, or half of a million dollars a year is something that is getting harder and harder to fund. And I hear from my constituents that a large number of them use another library that doesn't get any Kerr County funding right now. COMMISSIONER BALDWIN: Mm-hmm. COMMISSIONER LETZ: And a large -- which is a very good library in Comfort. And, you know, it's getting Kendall County funding, but they also -- COMMISSIONER BALDWIN: I have numerous neighbors that use the library at Schreiner University. COMMISSIONER LETZ: Yeah. And I brought that up last year, the thing that -- you know, is there a way we can do some kind of a joint endeavor with Schreiner University? The same issues that I had on the table last year when we went through this debate have not been resolved and really looked at seriously, in my mind. And, you know, it's just something that we -- you know, we -- 4-io-u~_ 121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Are these not questions, however, that we need to ask? They need to be asked, but should we not ask them at the time we have a -- hopefully have a joint meeting with the City and discuss it? Because they have the same problem. They have -- they have 50 percent of ~ this operational budget, so the same concerns should be theirs as we're registering here today. COMMISSIONER NICHOLSON: I'm not -- that's -- we need to talk with our brothers on the City Council, that's for sure. The complexity is, I don't know if it is or not. The library is going to give me, and I'm going to give you, budget recommendations by June 30th, as required by the interlocal i agreement. And we're going to meet -- according to the City, we're going to meet on August 19th. So, that said, we've got June, July, and half of August that the library budget will be i sitting on our desks before we are scheduled to talk to the City Council about it. COMMISSIONER LET2: I mean, I think what Bill said, and what you said, I think the timing's going to be -- by the time we meet with the City, it's going to be a done deal. At our initial meeting -- COMMISSIONER NICHOLSON: That's what I'm worried i about. COMMISSIONER LETZ: But I think that the -- I mean, we have gotten into this adversarial relationship, 9-i~-o~: 122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 25 unfortunately, over the library with the City, and that's not my intent at all. And I think if we can get the communication back with the Library Advisory Board, it's not cutting the library budget; it's really -- it's a way to expand it and make it better. But it's got to be -- that has to be done through other sources of revenue somewhere, whether it be user-pay for the, you know, little bit of the computer time, or -- or other sources that we can start charging. It's not that we're trying to cut back our funding, necessarily. We're trying to figure out how we can continue to fund it at a high level. COMMISSIONER NICHOLSON: I've commented to the Board that -- I think I said it would be a mistake for us to assume that the Commissioners Court is going to rubber-stamp a budget. And a couple of times, I've said I think it would be a good idea to tell the Court what a $13.50 budget would look like, what the library would look like at $13.50. I would -- if I were the Library Director, I would want to do that, just I for the purpose of selling the bigger budget to you. Say, "You want a bare-bone budget? Here's what the library is going to look like, so you better approve my needed budget." COMMISSIONER BALDWIN: $13.50 per person? Is that -- but that's per capita. i COMMISSIONER NICHOLSON: Yeah. COMMISSIONER BALDWIN: Not actual use. 9-10-05 __._.. _..__....~..___..a.... ~ - _i .. _....._.. 123 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: 13.50 times 45,000. COMMISSIONER BALDWIN: But not all those 45,000 use the thing. That's -- II COMMISSIONER NICHOLSON: Well, that's just a state ~ criteria. COMMISSIONER LETZ: I think that the -- you know, I there's going to be a lot -- we can get a bigger and better library if the Library Advisory Board -- the Library Board, you know, if they can figure out ways to help us bring in more i revenue so we can make it a bigger and better library. I i mean, I just -- I think the days of public funds driving this, ~ you know, budget are -- you know, we've got to relook at it. And I'm all in favor of the library, and I'm all in favor of ~ funding it, but I can't fund it at a higher and higher level ~ when a lot of these services are not -- or can be charged for by the users. COMMISSIONER NICHOLSON: I've qot three questions, and I'm hoping I'll get some direction from you. I got three questions I've said I'll ask the Board. One is what products or services do we provide that we can charge for? And two is, what products and services do we provide that are not traditional to libraries? Which is partially the first question, I think. And what about joint ventures? Is there any opportunities for synergy in terms of working with other local libraries? a-1u-nF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L I 22 23 29 25 124 COMMISSIONER BALDWIN: One other area that I'm surprised that you haven't brought up is the user fee issue. Can we pinpoint the actual users, and the citizens that live outside the incorporated city of Kerrville pay a $25 annua] fee to use the library? That would be me. COMMISSIONER WILLIAMS: That's done in other I counties. COMMISSIONER LETZ: And also other counties. COMMISSIONER BALDWIN: Huh? COMMISSIONER LETZ: Other counties as well. COMMISSIONER BALDWIN: Yeah. And, I mean, we're back to the user fee thing that this Court seems to embrace on i most occasions. I just think that's an option. An option I I like, -- COMMISSIONER NICHOLSON: Yeah. COMMISSIONER BALDWIN: -- actually. And then there wouldn't be any question. Our people pay a flat fee, and then we'll see you next year. COMMISSIONER LETZ: Can -- on the minimum fee that we have to our standards, can we change -- or can the county residents pay a fee and not the city residents, or county residents cannot pay a fee? Or do you know? COMMISSIONER NICHOLSON: I know one of our hill country counties, close-by county, that a few months ago -- COMMISSIONER BALDWIN: Comal. 9-10-OE 125 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER NICHOLSON: -- the county wasn't helping the city enough, and they said, "We're going to charge a non-city resident, the other people in the county that come in here." I think that was challenged. Commissioner Baldwin, do you remember if that was challenged? Or -- COMMISSIONER BALDWIN: No, I don't. COMMISSIONER NICHOLSON: That was Comal. COMMISSIONER WILLIAMS: It was Comal, and I think Bexar does the same thing. JODGE TINLEY: Comal County was in a very similar situation to what we're in, and the request was made by the City for the traditional participation that had occurred in previous years, and I think they offered a nominal amount, and that wasn't adequate. And they said, "Okay, our option is you charge our people $25 for a library card, and that'll be our contribution," And I'm not aware of any challenge. If there was, I'm certainly not aware of it. COMMISSIONER NICHOLSON: One thing I sense is that there's a good bit of thinking around the city, the library, and maybe in the county, that a -- a library district is a taxing entity that's going to be approved by Kerr County voters, and that white horse will charge in here and bail us out of this expensive operation. You all are more experienced in these things than I am, but I -- I don't sense a lot -- a lot of voters will want to vote for more taxes. 4-io-o~, 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: I would be -- I don't think it would be very close, and I would be surprised if it passed, personally. What I hear from my constituents, I know a lot of my constituents use the library, but there's a lot that don't. COMMISSIONER WILLIAMS: Well, a lot of people look upon it -- and I've discussed this before, and I, frankly, thought that it's an idea that bears discussion. COMMISSIONER NICHOLSON: Yeah. COMMISSIONER WILLIAMS: But a lot of people look upon it as another layer of tax over and above what we're already paying. And for me to support it, I'd want to know that we remove our line item in favor of the library district. I don't know if that'll would fly or not. COMMISSIONER NICHOLSON: I don't either. COMMISSIONER BALDWIN: I would vote for a district if you assured me that you're going to drop it out of the county budget. COMMISSIONER NICHOLSON: And when you told me you were, I wouldn't believe you. (Laughter.) JUDGE TINLEY: Commissioner, let me ask you this. You mentioned -- I appreciate you issuing those caveats to the Library Board people. When you asked for the 13.50 per capita budget, what kind of response did you get? COMMISSIONER NICHOLSON: I didn't -- it wasn't met with great enthusiasm. 9-10-06 127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Did you get the indication that you would see one of those, or that it was just going to be -- COMMISSIONER NICHOLSON: I can't tell you. JUDGE TINLEY: I would renew that request -- COMMISSIONER NICHOLSON: Okay. JUDGE TINLEY: -- also. COMMISSIONER LETZ: Have you visited one-on-one with the City Council liaison about some of these issues? COMMISSIONER NICHOLSON: No. COMMISSIONER LETZ: It may be a good idea to follow what Bill says, because, as I recall, we have one appointee and they have one appointee. Then we appoint two at-large, they appoint two at-large, and then the Friends representative. But it may be a good way to get some support. COMMISSIONER WILLIAMS: Who is the City Council representative, Commissioner? COMMISSIONER NICHOLSON: David Wampler. And in attendance a couple times have been Mayor Smith and the Public Works Director. I can't recall his name right now. COMMISSIONER LETZ: Charlie Hastings. COMMISSIONER NICHOLSON: Maintenance -- they got a lot of maintenance issues there, so for some reason -- COMMISSIONER WILLIAMS: Who is the current Advisory Board Chairman? COMMISSIONER NICHOLSON: John David Lipscomb. 4-10-06 128 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 DODGE TINLEY: Lipscomb. COMMISSIONER WILLIAMS: Mr. Lipscomb? COMMISSIONER NICHOLSON: Mm-hmm. He's a very effective chairman. COMMISSIONER LETZ: Appreciate your update. I mean, this is -- I think we're further into the budget -- or into the budget earlier than ever before, at least in a broad sense, which is good. COMMISSIONER WILLIAMS: Now, just one other comment, though, Commissioner. Not only the library, but we have -- we have the same sticky wicket with respect to EMS that we have to deal with, and there's a high expectation for some airport funds which we have not yet dealt with. The sooner we meet with representatives of the City, the better it's going to be. That's my point. COMMISSIONER LETZ: Well, I thought we brought that up, and the City was pretty reluctant to meet with us until August. COMMISSIONER WILLIAMS: Well, that was then and this is now. COMMISSIONER LETZ: I mean, I have no -- I think it would be a very good idea just to put those -- possibly those three items on a joint -- you know, either a joint agenda, or just kind of discussion, at least to get the issues on the table, and funding in generalities, because these are all 4-10-06 129 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 big-ticket items. Now, I think the airport's going to be trimmed quite a bit before it gets to the county budget, but I think the other two are -- the library and EMS -- you know, just philosophical discussion. I think the airport too, really more on the philosophical side as to how we're going to proceed in the future; not necessarily numbers, but what the funding level's going to be. I think that's an important discussion to have. COMMISSIONER NICHOLSON: If you want to go through this detailed budget, I'll leave it -- I'm going to leave it with Ms. Mitchell. I just didn't want to use up that much paper to have it reproduced. JUDGE TINLEY: Thank you, sir. Anybody else have any reports from any of their respective assignments? Any other reports from elected officials? It appears that that concludes the agenda for the Commissioners Court, so the Commissioners Court will stand adjourned. (Commissioners Court adjourned at 12:19p.m.) 9- l U- 0 6 130 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 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 17th day of April, 2006. JANNETT PIEPER, Kerr County Clerk Kathy nik, Deputy County Clerk Certified Shorthand Reporter 9-io-oti ORDER NO.29625 PROCLAMATION FOR NATIONAL DAY OF PRAYER Came to be heard this the 10th day of April, 2006, with a motion made by Commissioner Williams seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the Proclamation for National Day of Prayer. „w. ORDER NO. 29626 CONTRACT BETWEEN KERB COUNTY AND MOUNTAIN HOME VOLUNTEER FIRE DEPARTMENT FOR LONG-TERM LEASE OF 2.1 ACRES, OWNED BY KERB COUNTY, LOCATED ON STATE HIGHWAY 27 IN MOUNTAIN HOME Came to be heard this the 11th day of April, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the Contract between Kerr County and the Mountain Home Volunteer Fire Department for the long-term lease of 2.1 acres of land, ,,._ owned by Kerr County, located on State Highway 27 in the Mountain Home Community, and authorize the County Judge to sign same. ORDER NO. 29627 APPROVE PROPOSED BY-LAWS OF THE ADVISORY BOARD OF BUTT-HOLDSWORTH MEMORIAL LIBRARY Came to be heard this the 10th day of April, 2006, with a motion made by Commissioner Nicholson seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the By-Laws of the Advisory Board of the Butt-Holdsworth Memorial Library Board as presented, to include the revision that Judge Tinley referred to in the second paragraph, where it says, "by written Contract between the two entities," to have it read, "by Interlocal Agreement between the two entities," and authorize County Judge to sign same. ORDER NO. 29628 REVISION OF PLAT FOR LOT 60 OF WOOD TRAILS RANCH, VOL 4, PAGE 98, PCT. 4, AND SET PUBLIC HEARING FOR SAME Came to be heard this the 10th day of April, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Set a Public Hearing on the Revision of Plat for Lot 60 of Wood Trails Ranch, Vol. 4, Page 98, Pct. 4, for May 22, 2006 at 10:00 a.m. .... ORDER NO. 29629 AWARD ANNUAL BIDS FOR ROAD BASE, COLD MIX, AGGREGATE, EMULSION OIL, CORRUGATED METAL PIPE AND EQUIPMENT BY THE HOUR Came to be heard this the 10th day of April, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Awards bids as follows: Wilson Culverts, for corrugated metal pipe _.. Ergon for emulsion oils Martin Marietta for cold mix and black base Vulcan Materials for trap rock or paving aggregate Mr. Schwartz for equipment by the hour, who is low bid, and we recommend as first contractor, but to retain that option for the others in case there's certain equipment that we need that's bigger sizes and all. Lucky 3 for base material, our Type A, our limestone rock ORDER NO. 29630 ABANDON, VACATE AND DISCONTINUE APPROXIMATELY 89.83 FT. OF DRUMMOND DRIVE AND SET PUBLIC HEARING FOR SAME Came to be heard this the 10th day of April, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 to: Set a Public Hearing for May 22, 2006 at 10:13 a.m. for considering abandoning, vacating, discontinuing approximately 89.83 feet of Drummond Drive. ,,,. ORDER NO. 29631 RESOLUTION IN SUPPORT OF SPECIAL PROSECUTOR'S APPLICATION FOR RENEWAL OF VAWA GRANT FUNDS FROM OFFICE OF GOVERNOR, CRIMINAL JUSTICE DIVISION FOR FISCAL YEAR 2006-2007 Came to be heard this the 10th day of April, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve revised Resolution in support of Special Prosecutor's application for renewal of VAWA grant funds from the Office of the Governor, ,, Criminal Justice Division for fiscal year 2006-2007, to include language required by the Criminal Justice Division. ~, ORDER NO. 29632 AUTHORIZE REQUEST FOR PROPOSALS/QUALIFICATIONS PROCESS FOR CONSULTANTS AND REGISTERED ENGINEERS TO PROVIDE BASIC AND SPECIAL ENGINEERING SERVICES FOR CENTER POINT WASTEWATER FACILITIES PROJECT Came to be heard this the 10th day of April, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Authorize the Request for Proposals/Qualifications process for Consultants and Registered Engineers to provide basic and special engineering services ~.,. for the Center Point Wastewater Facilities Project, in accordance with the materials furnished. ORDER NO. 29633 CLAIMS AND ACCOUNTS Came to be heard this the 10th day of April, 2006, came to be considered by the Court various Commissioners Precincts, which said Claims and Accounts are: Accounts Expense 10-General $ 96,037.18 14-Fire Protection $ 29,908.87 15-Road & Bridge $ 16,716.82 19-Public Library $ 25,000.00 26-JP Technology $ 2,825.00 50-Indigent Health Care $ 40,578.57 63-Lake Ingram Est Rd Dist $ 1,000.00 71-Schreiner Road Trust $ 5,120.00 76-Juvenile Detention Facility $ 838.22 TOTAL $ 218,024.44 Upon motion made by Commissioner Nicholson, seconded by Commissioner Williams, the Court unanimously approved by vote of 4-0-0 to pay the claims and accounts. ORDER NO. 29634 BUDGET AMENDMENT 216TH DISTRICT COURT Came to be heard this the 10th day of April, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-435-402 Court Appointed Attorney + 10-435-403 Civil Court Appointed Atty - Amendment Increase/QDecrease $72.47 ($72.47) ORDER NO.29635 BUDGET AMENDMENT 198th DISTRICT COURT Came to be heard this the 27th day of March, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-436-401 Caurt Appointed Services 10-436-403 Civil Court Appointed Atty Amendment Increase/QDecrease + $1,152.68 - ($1,152.68) ORDER NO.29636 BUDGET AMENDMENT DETENTION MAINTENANCE Came to be heard this the 10th day of April, 2006, with a motion made by Commissioner Letz, seconded by Commissioners Nicholson, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-515-350 Maint. & Custodial Sup 10-515-451 Detention Repairs 76-572-480 Marketing Amendment Increase/()Decrease + $425.00* - ($1,435 54) *Amount needed for invoices held in Auditor's office pending payment as of 4/24/06. ORDER NO. 29637 BUDGET AMENDMENT LATE BILL JUVENILE DETENTION FACILITY Came to be heard this the 10th day of April, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes and issue a hand check in the amount of $363.57 to FiEB Credit Receivables for February 2006 Food Charges, issue a hand check in the amount of $19.45 to Gold Star Food Services for February 2006 Food Charges, issue a hand check in the amount of $1,377.99 to Ackman Pharmacy for February and March 2006 Juvenile Medical Expenses, and issue a hand check in the amount of $191.76 to Wal-Mart Community for March 2006 charges, all for the Juvenile Detention Facility. Expense Code Description Amendment Increase/()Decrease 76-572-332 Food + $10,234.00 76-572-309 Postage - ($1,200.00) 76-572-331 Vehicle Transportation - ($2,200.00) 76-572-351 Kitchen Supplies - ($500 00) 76-572-426 Transport Travel - ($3,000.00) 76-572-480 Marketing - ($3,334.00) 76-572-333 Resident Medical + $5.000.00 76-572-461 Copier Lease + $3,300.00 76-572-109 Contract Services - ($8,300.00) *Additional resident medical billings received +$565.25 and +$1,580.87 ORDER NO. 29638 BUDGET AMENDMENT TAX ASSESSOR COLLECTOR Came to be heard this the 10th day of April, 2006, with a motion made by Commissioner Letz, seconded by Commissioners Nicholson, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description Amendment Increase/QDecrease 10-499-563 Software Maintenance + $1,857.00 10-409-571 Non-Departmental Conting. - ($1,857.00) ORDER NO. 29639 MONTHLY REPORTS Came to be heard this the 10th day of April, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 the following monthly reports: District Clerk County Clerk -General