._..: 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 KERR COUNTY COMMISSIONERS COURT Special Session Monday, April 24, 2006 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas i PRESENT: PAT TINLEY, Kerr County Judge H A. "BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, CommissionerPCt. 2 JONATHAN LETZ, Commissioner Pct, 3 DAVE NICHOLSON, Commissioner Pct. 4 ,~ O 2 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 G 4 25 I N D E X April 24, 2006 --- Commissioners' Comments 1.1 Presentation on Kerr County 4-H Youth Building Community Inclusion Project Update on local activity of Kerr Crime Stoppers Board 1.3 Consider/discuss, take appropriate action to rescind Commissioners' Court Order #29624 regarding Kerr County Juvenile Detention Center 1.4 Consider/discuss, take appropriate action on interlocal agreement between UGRA and Kerr County that provides match funding required by TWDB contract for preliminary planning and engineering for Center Point wastewater collection project PAGE 5 9 15 19 21 1.5 Consider/discuss, take appropriate action on request to display at Kerr County Courthouse flags of all nations participating in World Cup Shooting event in Kerr County 5-4-06 through 5-11-06 23 1.10 Consider/discuss, take appropriate action to apply for membership in "Texas Yes!" program administered by Texas Agricultural Department 1.11 Consider/discuss, take appropriate action regarding updating telephone system and renewing contract with Kerrville Telephone Business Systems 1.6 Report & presentation from Kerrville Area Chamber of Commerce and Kerr County Sesquicentennial Committee on sesquicentennial celebration Public Hearing concerning revision of plat of Kerrville South Ranches No. Two, Lot 51, Pct. 1 1.7 Consider/discuss, take appropriate action to approve revision of plat of Kerrville South Ranches No. Two, Lot 51, Pct. 1 1.9 Public Hearing concerning revision of plat of Falling Water, Lots 117-A & 116-D into 117-R, Pct. 3 28 32 48 53 53 59 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 24, 2006 PAGE 1.12 Consider/discuss, take appropriate action to request TexDOT to consider lowering speed limit on SH-27 in vicinity of the Kerrville/Kerr County Municipal Airport to 55 mph 59 1.13 Consider/discuss, take appropriate action on hiring consulting engineer to review subdivision engineering documents 62 1.14 Consider/discuss, approve appointment of Steve King to the Kerrville/Kerr County Joint Airport Board 65 4.1 Pay Bills 68 4.2 Budget Amendments 76 9.3 Late Bills -- 4.4 Approve and Accept Monthly Reports 88 5.1 Reports from Commissioners/Liaison Committee Assignments 88 1.15 Consider/discuss, take appropriate action to modify or change status of Kerr County Juvenile Facility from a facility operated pursuant to Chapter 63, Human Resources Code, to a status which is appropriate for a short-term preadjudication juvenile detention facility 108 --- Adjourned 112 4 1 ". 2 3 4 5 6 8 9 10 11 12 -- 13 14 15 16 17 18 19 20 21 22 23 "° 2 4 25 On Monday, April 24, 2006, at 9:00 a.m., a special meeting of the Kerr County Commissioners Court was held in the Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE TINLEY: Let me call to order the regular Commissioners Court meeting scheduled for this date and time, Monday, April the 24th, 2006, at 9 a.m. it -- best I can tell, looking through that screen, it's that time now. Commissioner Williams? COMMISSIONER WILLIAMS: Will you please rise for a moment of prayer and join me in the pledge of allegiance to the flag? (Prayer and pledge of allegiance.) JUDGE TINLEY: Thank you. At this time, if there's any member of the audience or the public that wishes to be heard on a matter that is not a listed agenda item, please feel free to come forward at this time and tell us what's on your mind. If you wish to be heard on an agenda item or in participation form. They're located at the back of the room. ~ 1t's not essential, but it helps me to not overlook you when we qet to that item. If we get to the item and you haven't filled out one of those, get my attention, or if you don't wish to be heard now, but when we get there, you do wish to be ¢-za-o6 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 heard, why, get my attention some way or another, wave your ~ hand, speak up so that I can recognize you. But if there's any member of the public or the audience that wishes to be heard on an item that is not listed on the agenda, please feel free to come forward at this time. Seeing no one coming forward, we'll move on. Commissioner Williams, do you have ~ anything for us this morning? COMMISSIONER WILLIAMS: Well, sir, just glad we had some rain. I see a lot people doing some burning; I hope they get it done correctly. JUDGE TINLEY: Thank you. Commissioner Letz? COMMISSIONER LETZ: Just ditto those comments. I That's it. JUDGE TINLEY: Commissioner Nicholson? COMMISSIONER NICHOLSON: The same issues with the -- in the 600-square-mile Precinct 4, we got a lot of weather. We got as little at three-quarters of an inch of rain, and I understand some places got as much as 2 inches, and a pretty good hailstorm and a lot of wind, and there was some damage. The subject of the burn ban is one I hear a lot about, and before the burn ban was lifted, we did have some illegal burning going on. And what I do is call the Sheriff's Office or the constable and ask him to qo out and issue a citation. I'm told a citation is -- the penalties for that are misdemeanors. Depending on the circumstances, it can be an A, s z9-ah 6 1 2 3 4 5 F 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 B, or a C; anything from a fine, really, like a traffic ticket, to jail time. So -- in fact, one of the calls I got on Thursday was complaining about the burn ban being on, and I got it on my cell phone. I had to tell the person at that ~ time that I was on the scene of a runaway fire that was deliberately set and unlawfully set, so I'd have to talk to them later about -- about whether or not we needed a burn ban. It's off now, and the people can burn, and they are. The whole -- whole North Fork valley was full of smoke Saturday and Sunday, so I presume a lot of people got their burning done. It's still dangerous. I talk to the fire chiefs pretty regularly. There's still a lot of fuel out there, so I hope people use good judgment. For the foreseeable future, I've lifted the burn ban in Precinct 4. That's it. JUDGE TINLEY: Thank you. Commissioner Baldwin? COMMISSIONER BALDWIN: Yes, sir. I just wanted to echo all the comments about fire and burn bans. The burn ban is on in Precinct 1. It's too dangerous for me; I'm just not going to take that chance out there. They had an opportunity to burn Friday, Saturday, and Sunday, and if they can't get it done then, they need -- they're going to wait a while until it rains. I wanted to talk about congratulations to Rex and his family. He has a daughter, and she's not a giant of a person. She's a little old -- dried-up, tiny little skinny little girl that is absolutely precious. She's in the 9th grade at Tivy a-za-on 7 1 Z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 High School, and she's kind of new to this athletic thing, particularly varsity track at Tivy, but she runs the 800-meter run, which is one of the better runs -- more fun runs in the II game. Which is -- for some of the old geezers, that's the old 880 or the half-mile, basically. I saw her break the Tivy High School record twice in one week. We were down in San Antonio at Judson High School this last weekend, and she -- doggone if she didn't break it again down there. And she goes to regions this week at Alamo Stadium, and she -- down there, they take the top -- first and second place that goes to the state championship, and she really and truly has a shot at ~ that thing. And it's just neat to see a little old kid excel like that and just come out of absolutely nowhere to do this in the last couple of weeks. So, we're proud of Leigh Ann. Congratulations, Rex. That's all. MR. EMERSON: Thank you. COMMISSIONER LETZ: Judge, if I may add one more comment on burn ban, and it's -- even though I know we all take a little bit of heat as Commissioners from having to deal with this on an almost daily basis this time of year, I think we have developed what I consider probably the best system I know of in the state. Many -- in most of the other counties surrounding us, it's up to the Court to do the whole burn ban, I know Kendall County has not had -- has had their burn ban on with no possibility of variance because of the way they do it a-za-oE e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 all year, and there are so many brush piles scattered throughout that county right now that if they ever lifted -- and hopefully they may lift it today; I don't know. But I a pretty good system overall for the county. COMMISSIONER BALDWIN: I agree. JUDGE TINLEY: Thank you. The only thing I would add with regard to the burn ban is, even if the burn ban is lifted, I think it behooves people using good common sense to -- if they're going to do a burn, that they call their local volunteer fire department or whatever -- whatever fire department has jurisdiction in the area where they live or are going to conduct the burn; let them know what their plans are, for a couple reasons. Number one, if the thing does get out of control, they'll have a better handle on where it is and be able to get there quicker. And, secondly, if there's a call for an out-of-control burn, and they already have knowledge that the burn was being done as a control burn or -- or brush piles or things of that nature, they may avoid a responding to false alarm. And the other reason is, if they're talking with the -- with the fire department officials, while a burn ban may be lifted, the wind conditions, humidity, all these other factors that come into play, the fire department people may 4-29-06 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 say, "Well, notwithstanding the fact that the burn ban's been lifted, you probably ought to wait till the wind lays a little bit or -- or the humidity gets up a little bit higher, where it's not near as conducive to getting out of control." Let the people who have the experience knowing about how to keep those things under control give you a little guidance. So, just use some good common sense and coordinate that with your fire department. Let's get on with our agenda, if we might. The first item on the agenda is a presentation by the Kerr County 4-H Youth Building Community Inclusion project. Ms. Boyd? MS. BOYD: Boys? JUDGE TINLEY: If you gentlemen would be kind enough to identify yourselves so that the court reporter will know who we've got giving us these presentations, we'd appreciate it. MR. MUEHLSTEIN: All right. I'm Chance Muehlstein, and we're all from the Kerr County Senior Council. I'm the chairman, and I'm from East Kerr 4-H Club. MR. SAVER: I'm Lance Bauer. I'm the first vice chairman, and I'm from the West Kerr 4-H Club. MR. WEAVER: I'm Bryan Weaver. I'm the second vice chairman, and I'm from Center Point 4-H Club. MR. MUEHLSTEIN: We'd just like to tell you about some of the activities we focus on, and these are leadership 4-29-06 to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 development, teamwork, community service, community -- building community inclusion, and character building. One of the main projects we do is the fishing derby, which we hold in July. We've done it for the past 2U years. We hold it behind come out, and when they catch a fish, we have many awards, and they just have a great time. MR. SAUER: Last July, we conducted a mini-camp for the Salvation Army day care. At the mini-camp, we exposed all the kids to different activities that are available through 4-H, such as rocketry, food and nutrition, animals, and leadership skills and sport fishing. At the end of the day -- the kids had a great time, and at the end of the day, they got to make their own rockets. And then at the camp, we also had a petting zoo. At the petting zoo, we had turtles and horses and goats and other animals, and the kids had a great time there, because this -- for a lot of kids, it was their first time to ever get to see and handle the animals and have a lot of fun with them. MR. WEAVER: In September, council members and the lot about how to handle different situations with role-playing and learned hands-on projects to do at the after-school program at the Salvation Army. The Salvation Army 9-z~-or, 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 after-school Dream Team 9-H Club is a club that we helped create at their after-school program. Council members go there the first Friday of every month after school and lead their club meetings, and a lot of different other activities they have there. At the after-school program, we have skits, we mentor to the kids, lead -- and lead the other activities, and the kids have a lot of fun. MR. MUEHLSTEIN: This year is our first year for the friends and family night at Billy Gene's Restaurant. We had this in November. The -- this was to raise money for the Salvation Army Angel Tree project. We served as hosts and hostesses. We cleaned tables, wrapped silverware, greeted people at the front door. It was a lot of fun. We raised about $1,200 for the Salvation Army Angel Tree, and our council then went to Walmart with this money and picked an angel from the angel tree. We each got a certain amount of money that we were allowed to spend on this, and we learned budgeting skills and leadership skills and decision-making skills to buy stuff for each angel. This year, some of the junior council members went to the Junior Leadership Retreat at the Texas 9-H Center in Brownwood. They train ages from 6th to 8th grade, and they learn leadership skills, teamwork, and social skills. They played games and met new kids from all across the state. MR. BAUER: And then also up in Brownwood, a little 9-'4-06 12 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 later we had a group of our senior council members. We went up there, and there was a leadership ambassador and recreation training camp. There we learned different team-building activities, different leadership activities and games that we could bring back and share with everybody else in 4-H. And we had a whole -- a lot of fun, and we met a whole lot of new people up there. And then we also sponsored an Any Baby Can Christmas party at the Ag Barn this year. And we -- it was for Any Baby Can, and it just helped us to learn to give back to the community. And we decorated, provided entertainment, and served the meal that evening. We had a lot of fun. We had people dressed up as reindeer and elves, and we had a great time just interacting with all the kids and everybody else. MR. WEAVER: Each May, the 4-H council cohosts the Ag Awareness Day. 500 area 4th graders come into the Exhibition Center, and we -- so we teach them a lot about the agriculture. Many of them don't know where their food, milk, clothes come from; they think it just comes from a store, and we help them -- we help teach them that it comes from farms, ranches, that sort of thing. We -- we each get a group of kids and lead them around, make snacks for them, and we all have a great time. MR. BAUER: Our 4-H council strives to promote education through 4-H club work, provide learning situations 9-24-06 13 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 for the development of leadership responsibility and effective citizenship, and we also strive to help each member experience personal growth and achievement, as well as being a -- or as MR. MUEHLSTEIN: I just wanted to share a little part of my District 4-H council speech that I gave over the summer. I was just thinking the other day about how much 4-H'ers and rednecks are alike. Think about this. If you look in your closet and all you see are Green Out T-shirts and Wrangler jeans, you might be a 4-Her. If you use Mane and Tail instead of Head and Shoulders to wash your hair, you might be a 4-Her. If you chant the 4-H motto and pledge instead of counting sheep at night, you might be a 4-Her. If your 4-H animal eats better and is sweeter-smelling than you, you might be a 4-Her. If your mom cuts your hair with the same clippers you just trimmed your heifer or your goat with, you might be a 4-Her. If getting up at 7 a.m. is your idea of sleeping in, you might be a 4-Her. If everything you do somehow becomes an item for your record book, you might be a 4-Her. If every "yes" or "no" is immediately followed by "sir" or "ma'am," you might be a 4-Her. And last, if you were more respectful, more appreciative, and have goals for your life, you might be a 4-Her. Do y'all have any questions? COMMISSIONER WILLIAMS: I don't have a question; I just have a comment. 4-29-06 14 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 MR. MUEHLSTEIN: Sir? COMMISSIONER WILLIAMS: I got to tell you how personally proud I am of each of you and your colleagues. MR. MUEHLSTEIN: Thank you. COMMISSIONER WILLIAMS: And if there are any kids in this community on the path of good citizenship, it's you guys. MR. MUEHLSTEIN: Thank you so much. COMMISSIONER BALDWIN: Hear, hear. COMMISSIONER NICHOLSON: Steve Bauer, don't you work at the feed store there in Ingram? MR. BAUER: Sometimes. COMMISSIONER NICHOLSON: I don't know if any of y'all have been in there. They got a new -- two or three years ago, they built a new facility, and they got a whole lot more than corn and hay in there. And one of the things I like about -- about Lance is, when I go in there, they load the stuff for me, those 50-pound bags. If I can figure out some way to get them to follow me home and unload it, I'll be even happier. It's a great store. Thanks for all you guys do. MR. MUEHLSTEIN: Thank you. COMMISSIONER LETZ: Thank you. You're on the right road, definitely. COMMISSIONER WILLIAMS: Thank you. (Applause.) JUDGE TINLEY: Thank you. We appreciate you young 4-24-OF 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 men being here with us today, and your work that you're doing in 9-H. Are you really going to let me see the clock up there? MS. BOYD: Well, yeah we're fixing to. Won't take us but a second and we'll be out of here. (Discussion off the record.) JUDGE TINLEY: Thank you for your presentation. MS. BOYD: Thank y'all for having us. JUDGE TINLEY: Let's go to Item 2 on the agenda, if we might, and that is an update on the local activity of the Kerr County Crime Stoppers Board. COMMISSIONER WILLIAMS: Tough act to follow, Mr. I Alford. MR. ALFORD: Be real hard to follow these guys. MS. BOYD: Actually, if Alford hadn't shown up and fixed my computer, y'all wouldn't have had it. MR. ALFORD: Gentlemen, I gave y'all a handout; I laid it on your -- in front of you before you arrived in the office. What I'd like to talk to you about is just some of the items that we've done here in Kerr County locally. They have loosened up our guidelines on what we can and cannot do with reward moneys that we receive from Kerr County. The District Judges -- both District Judges, County Court at Law, whenever they have a conviction, part of the court costs is paying Crime Stoppers an amount of court costs. So we, in 4-^4-OH 16 1 _, ~ 3 4 5 6 7 8 9 10 11 12 -- 13 19 15 16 17 18 19 20 21 ~~ [. G 23 "' 2 4 25 return, take that money; that's what we pay our tips from. Well, now they loosened up the guidelines and allowed us to kind of use that money to do our tips also into Crime Stoppers. We also have Crime Stoppers on campus. We have one at Tivy, at Hal Peterson, have them in Ingram Tom Moore, Ingram Middle School, Center Point High School and Middle School. Last year we paid out a little over $5,000 in swards on campuses directed towards weapons, narcotics, tobacco, and other items. Our local coordinator here for law enforcement is George McHorse, and through the Sheriff's Office, he and Rusty play a very important role in our local Crime Stoppers and helping us and assisting us in all kinds of different matters. But this money that we're able to spend this year, I want it to be known that the criminals gave us this money to spend. Not necessarily to thank them for anything, but I think it's kind of ironic that the criminals themselves helped us support local law enforcement. We've bought over 36 hand-held radios for the -- I believe the Sheriff's Office Command Center. And what this allows you to do is come in in national disasters, such as floods and our local wildfires, and we're able to pass these radios out and have a generalized communication system throughout a]1 the fire departments. We also purchased a repeater for the command center, along with all the licensing and equipment we needed to get it up and running. Bought two 9-29-Oh 17 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 new computers for the Kerr County Jail booking room. We feel like that was very important, 'cause that would help all law enforcement agencies speed up the booking process. Ingram City Marshal's office, we've purchased a desktop computer for them in their patrol room, along with four laptops that Marshal Zachry hopes to be able to mobilize in their patrol units. We've also purchased recording equipment, cameras, computers, and furniture for the police department to help upgrade their interview rooms, and we've purchased several of the -- I call them drunk glasses, the DWI glasses. When the kids put them on, they simulate being drunk. We've bought some of those for the local schools so they can kind of get a grasp on that. Also, we purchased a computer for constable Precinct 1. We've purchased several laptops for the Doyle Community Center for use of the after-school program. And as these funds keep coming in through the prosecutor and courts, we'll keep spending this money back into the community through our local law enforcement, which I think helps y'all a little bit on the bottom line. As we all know, it's coming up pretty quick. So, that's really it. We just wanted to tell y'all that, that we're trying to help out in the community. JUDGE TINLEY: How much money comes into this program on an annual basis? MR. ALFORD: Probably $50,000 to $60,000. Our -- 9-29-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 18 what really allowed us to do this over the last couple years, our rewards account had got upwards of $100,000, and that allowed to us transfer $50,000 out to put back in the community. COMMISSIONER LETZ: So, you keep a balance of ~ $50,000? MR. ALFORD: Yes, in our rewards account alone. We always keep it at $50,000, and that comes in real important -- such as in a murder case, we're able to really offer a large amount. In the recent hit and run here in the community, a fatality, we were able to offer a larger reward. So, we try to keep a very big amount in there. COMMISSIONER LETZ: How many rewards do y'all pay out on average a year? MR. ALFORD: You've got me on that one. Probably, I would say, between 75 to 100. And it ranges from misdemeanor warrants all the way up to murder, so there's a very -- just any crime in general. MS. LAVENDER: 100 on misdemeanors. MR. ALFORD: And that's something we do do. We're one of the few agencies in the state that pay on misdemeanor warrants -- misdemeanor crimes. We feel like, fortunately, we have a lot of misdemeanors here, and that helps the Sheriff's Office keep their misdemeanor warrants down. So, we have what they call a quick 100. You'll see every once in a while a 9- 2 4 0 6 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 19 warrants list. Caller calls in, we get an arrest; that makes $100 for them, no questions asked. Of course, we don't have any questions on anything. We just simply -- we want them to remain anonymous. In order to be eligible for Crime Stoppers, they must remain anonymous. So, the first thing that law enforcement agencies try to do is, we'll time-out, call Crime Stoppers and go through that system, It helps protect them. i MS. LAVENDER: $300 for felonies. MR. ALFORD: And $300 for our felony warrants. ~ Thank you. JUDGE TINLEY: Anybody have any questions for Mr. Alford? COMMISSIONER BALDWIN: Thank you, sir. COMMISSIONER WILLIAMS: Just one quickie, Brad. MR. ALFORD: Yes, sir? COMMISSIONER WILLIAMS: The eight items on the first i page, that's essentially the 50,000 which you transferred out? MR. ALFORD: Yes, sir. Thank you. JUDGE TINLEY: Thank you, sir. We appreciate that update. Let's move to Item 3. Consider, discuss, and take appropriate action to rescind Commissioners Court Order Number 29624 regarding Kerr County Juvenile Detention Center. Commissioner Williams? COMMISSIONER WILLIAMS: After we took action on Court Order 29624, it was subsequently called to our attention 9-ze-oe zo 1 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 the action of the Court was to Kerr County Juvenile Facility Board of Directors, so therefore, this court order should be rescinded. We've got a subsequent action to replace it. So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item rescinding Commissioners Court Order Number 29629 regarding the Kerr County Juvenile Detention Center. Is there any question or discussion? All in favor of the motion -- COMMISSIONER NICHOLSON: I've got a question. JUDGE TINLEY: Excuse me. COMMISSIONER NICHOLSON: We're -- earlier on, we had a court order to set it back to preadjudicated only and have that organization headed by the Juvenile Probation Officer, and now we've gone a different route; we're going to have two different managers there. Is this undoing the order that did the -- COMMISSIONER WILLIAMS: No, this is the very first I one we did in Commissioners Court. It should have been done and was done a week later as the Board of Trustees. COMMISSIONER NICHOLSON: And, again, we made that decision at one time to combine those two jobs. COMMISSIONER WILLIAMS: Right. COMMISSIONER NICHOLSON: Do we have to take steps to 9-29-06 21 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 undo that decision? COMMISSIONER WILLIAMS: I think we've already done that. COMMISSIONER NICHOLSON: We've already done that? That's all I needed. 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 move to Item 4; consider, discuss, and take appropriate action on interlocal agreement between the Upper Guadalupe River Authority and Kerr County that provides match funding required by the Texas Water Development Board contract for preliminary planning and engineering for the Center Point wastewater collection project. Commissioner Williams? COMMISSIONER WILLIAMS: I had this before the Court two weeks ago. It had not been reviewed by the County Attorney at that time. It has been reviewed by the County Attorney. There are a couple of corrections that were made to the document which is now in front of you. The only notation I would add to what Mr. Emerson penned in his comments has to do with scope of work. The scope of work was approved by the 9-^_4 06 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Texas Water Development Board, and it will be incorporated in a subcontract that we do with whomever it is we select to do the work. Not necessarily -- doesn't have to be in this document. Move approval. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item and approval of the interlocal agreement between U.G.R.A. and Kerr County relating to the match funding required by the Texas Water Development Board contract for preliminary planning and engineering for the Center Point wastewater collection project. Any question or discussion on the motion? COMMISSIONER BALDWIN: I have a question. Is this -- is this agreement exactly the same as the previous project, other than names and amounts, numbers and et cetera? COMMISSIONER WILLIAMS: It's not quite as complicated as the one with Kerrville South, because all this deals with is U.G.R.A.'s willingness to put up the match funds. Once we get the engineering and all that stuff, then we get into some serious interlocal agreements. COMMISSIONER BALDWIN: Okay. JUDGE TINLEY: Any other question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) 9-29-Oti 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. COMMISSIONER WILLIAMS: Thank you, Ray. JUDGE TINLEY: It is -- thank you, Mr. Buck. It is 9:30, effectively, so we'll take up Item 5; consider, discuss, and take appropriate action on the request to display at the Kerr County Courthouse the flags of all nations participating in the World Cup shooting event in Kerr County from May the 4th of this year through May the 11th of this year. I placed this on the agenda at the request of Ms. Sudie Burditt at the Convention and Visitors Bureau. There are a number of different nations that will have shooters participating in the World Cup shoot out at the Hill Country Shooting Sports Center in the early part of May coming up. It's going to be a major, major event. My recollection is that there are some 600 or 700 shooters total that will be participating, and they will be from a multitude of nations, because it is a world cup match. It's -- this match, combined with the match that's already been conducted, will -- the scores will be combined in order to determine placement at future international shoots, official representation at -- at official international shoots. In order to commemorate and give recognition to the countries who have participants there, the Convention and Visitors Bureau requested that they be permitted to display 9-29-U6 24 1 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 flags of the nations having participants here at the courthouse during the time period indicated. COMMISSIONER BALDWIN: Judge, I have a question. I assume that you're talking about these -- the little flag holes around the driveway out here? JUDGE TINLEY: Yes, around the perimeter of the courthouse. And I think there's going to have to be some more installed. And they're working with the -- I believe it's the Heart of the Hills Lions -- or would work with the Heart of the Hills Lions in order to make those inserts at the appropriate places, I think across the front here, in order to accomplish that. COMMISSIONER BALDWIN: Is it an issue -- it is to me. Is it an issue to you that the other nations' flags fly at the same level as the United States flag? JUDGE TINLEY: I'm not certain of -- of whether or not they intend to fly the U.S. flag out there with those other flags, rather than on the flagpole. I think Mr. Miller i can -- MR. MILLER: Yeah, I'm here for Sudie, 'cause Sudie could not be here this morning. JUDGE TINLEY: Come tell us what your -- MR. MILLER: Thirty seconds late. You guys are on time today. JUDGE TINLEY: The Commissioner has a very valid 9-29-06 25 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 question. The U.S. flag, of course, needs to be in a position of slightly elevated stature. MR. MILLER: Should be larger or more of them or whatever? COMMISSIONER WILLIAMS: All of the above. COMMISSIONER BALDWIN: Higher. MR. MILLER: Higher, okay. MR. ODOM: Only Texas. MR. MILLER: At this point, there's 50 countries attending. We've got flags for all 50 countries that will be here. The only American flags that I'm aware of at this time that would be available would be those that the Lion's Club has. You know, Sudie's been in contact with the Lion's Club. They've offered the use of the holes that are out here at the courthouse, and we're going to -- Sudie's group is going to go install -- I think they need seven more holes. There's 40-something-odd holes; they need 50. I'd like to fly the Texas flag, too, at the same time. I don't know what it would take to do that, but I'm sure we can do something. I'm not sure how it gets prominence, knowing where those holes are around the street. I mean, that's -- happy to try to do whatever we can. I understand your concern. COMMISSIONER LETZ: If there's -- it appears to me that if there's -- if you're just going to fly the American flag on the flagpole, if you put the other ones around the 4-24 0~ 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 a 2 23 24 25 perimeter, that solves the problem. JUDGE TINLEY: Yeah, I think that's the solution to it. The U.S. and Texas flags be on the flagpole where they're displayed daily, and -- and the other flags of the other nations be spread around, would probably be the solution that would occur to me. MR. MILLER: And those are already in place? That will already happen, right? COMMISSIONER LETZ: Right. JUDGE TINLEY: Oh, yeah. Yeah, we keep that up. It's up 24/7, because it's lighted and it's all-weather flags. MR. MILLER: Anything else? COMMISSIONER NICHOLSON: On a related issue, I like -- well, I like the idea that these kinds of events come to Kerr County. I don't have any idea of the scope of the economic impact, but if we've got people coming from 50 countries, it's got to have a good impact on our local economy. The last two weeks out at Camp Stewart and Camp Waldemar, we've had polocrosse matches, the Irish national team and the U.S. national team. And, of course, that's in my neighborhood, and I drive back and forth there going to church and town, and it brings in a lot of people, hundreds. So, those kind of activities have a beneficial impact on our community economically, and I sure would like to encourage that kind of thing any way we can. 9-%9 06 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 COMMISSIONER BALDWIN: Yeah. MR. MILLER: On your comment, Commissioner Nicholson, just the entries that are coming to shoot or be coaches, there is right at -- there was 426 before the last five countries were added. So -- plus whatever family members they bring. Some of those will be bringing some family members. So, have y'all seen the breakout of who's coming? COMMISSIONER WILLIAMS: Not yet. MR. MILLER: I've got a copy of it here, part of another bid which I can pass around to you. It is impressive. COMMISSIONER NICHOLSON: Just about everybody. MR. MILLER: From countries we can't even pronounce. COMMISSIONER WILLIAMS: Does the U.S. Olympic flag -- or not the U.S. Does the Olympic flag also fly? MR. MILLER: I don't think it does. This is a U.S. shooting sports -- COMMISSIONER WILLIAMS: Okay. MR. MILLER: -- World Cup. COMMISSIONER WILLIAMS: Okay. MR. MILLER: So I think that is the -- the event. But I'm not sure. JUDGE TINLEY: I'm not certain whether this has any Olympic connection or not. Of course, as I'm sure most of you know, the -- the Hill Country Shooting Sports Center has now been officially designated, and the contract signed, as an 9-z9-oH 28 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 official United States Olympic training center. COMMISSIONER WILLIAMS: Yes. JUDGE TINLEY: So, there is an official Olympic designation out at this facility now. COMMISSIONER WILLIAMS: Move approval. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item, I assume on the basis indicated with the American flag? COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: Okay. Any question or discussion? ', All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. COMMISSIONER WILLIAMS: Judge, I asked for 10:15 on Item 10, just to give Mr. Miller a time certain. There's no other public, I think, involved, and if no one has any objections, since he's here, we could take that item up. JUDGE TINLEY: Any objection by anybody on the I Court? COMMISSIONER BALDWIN: None. JUDGE TINLEY: Let's move, then, to Item 10, which 9 29-06 29 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 was otherwise a timed item for, I understand, the convenience JUDGE TINLEY: And we'll take up that item. Consider, discuss, and take appropriate action to apply for membership in the "Texas Yes!" Program administered by the Texas Agricultural Department. Mr. Miller? MR. MILLER: In January 2006, I came before you all to submit a grant application under your name, with me as the applicant's agent, for the "Texas Yes!" Program. "Texas Yes!" is a Department of Agriculture program specifically designated to promote rural tourism, and the grant program is a matching grant to reimburse you for marketing dollars. There's two of them available to a county. I think it's on a one-time basis, or maybe a four- or five-year basis; it's not an annual grant. In January, you all approved both my application and the application of another gentleman whose name I do not remember who has a B and B, who is going to do an event for the benefit of the Boardwalk, I believe, which is really inside the city, but that works somehow. We have been -- I think both of us have been awarded the grant, a $10,000 matching grant. I thought we were done. I got a letter in the other day saying that the County needs to be a member of "Texas Yes!". There is no cost to being a member; it's literally filling out the application form and sending it in. It also gives you, as a 9-z9-aF 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 county, an opportunity to put other events in the county on their web site and get promoted by the Department of Agriculture. I can't imagine any negative to be attached to it at all. COMMISSIONER WILLIAMS: I asked the administrative assistant of the Court to call the Department of Agriculture because we did, in fact, do what you said in January, and join in order to enable that grant. And she did so and reminded those good folks that we had joined, and their response was, "Well, join again. Everyone requires a new application." JUDGE TINLEY: Okay. MR. MILLER: I'm just following letters, as you all are too. COMMISSIONER WILLIAMS: Move approval of the Court's application to participate in the "Texas Yes!" Program administered by the Texas Agricultural Department, and with the understanding Mr. Miller will fill out the paperwork and file the grant for the purpose of the Texas -- MR. MILLER: The grant's been filed. The application, you all need to sign. I'll be happy to fill it out -- COMMISSIONER WILLIAMS: We can sign it, -- MR. MILLER: -- if you still have it. COMMISSIONER WILLIAMS: -- can't we, Judge? JUDGE TINLEY: Yeah, if that's part of your motion. 4-'4-n6 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 I assume it is. COMMISSIONER WILLIAMS: It is part of the motion. JUDGE TINLEY: Okay. MR. MILLER: Do you still have that application? COMMISSIONER WILLIAMS: The clerk does. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item -- MR. MILLER: Thank you very much. JUDGE TINLEY: -- as indicated. Any question or discussion on the motion? All in favor of the motion, please indicate by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. COMMISSIONER LETZ: Quick comment before we leave that related to this. That facility looks great. Y'all have done a great job out there. MR. MILLER: Oh, thank you. Thank you. COMMISSIONER LETZ: Really, you've made a lot of improvements. MR. MILLER: We have our brand-new pavilion out there that is done. COMMISSIONER LETZ: Between the park benches -- I, a-za-oe 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 obviously drive by it twice a day, three times a day, and it's -- y'all have done a lot of work, and hats off to y'all. MR. MILLER: Thank you. '~ JODGE TINLEY: Got some of those shade trees starting to get a little size on them now. It's going to be a great facility. Let's move to Item 11. Consider, discuss, and take appropriate action regarding the updating of the telephone system and renewing the contract with Kerrville Telephone Business Systems. Mr. Sheriff? SHERIFF HIERHOLZER: Same thing, just brought it back. Curtis did go in and do some other proposals, but the first part I wanted to address was the memorandum that the Judge sent to me concerning, you know, what problems we had in the voice over IP situation and things like that. Okay. To start that off with Kerrville Telephone Company, I have no problems at all. I'm not having problems with the equipment that we have. I haven't had problems. And under our lease contract which expires next month or the month after, we haven't had any problem getting replacements. My phone went out last week; they brought a new phone, put it in. No problems. I haven't had any kind of service-type problems. The situation we're at is, there are times now that when you call the Sheriff's Office, you may get a busy signal, or when we try and call out, we get a busy signal. We don't have enough lines coming into the Sheriff's Office. The current 9 29-06 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 system and the current modules, or whatever it is they have in the phone closet, will not allow us any more extension -- or expansion on the system. We're full. And, so, what the upgrade would do is give us the came capability of adding more incoming lines and outgoing lines so that we can expand the system as we need to expand it. It doesn't install those lines; this is just taking care of the equipment problem. What -- the other problem with the voice over IP that Jonathan had mentioned last time we were here, one of the things that I can express to you in that was the memos that I had from Todd Burdick, who -- Todd Burdick was the D.A. investigator that had an office out at our office, and he was the one that kind of got stuck being the guinea pig using the one voice over IP line that we had had for a while. In nis e-mails back and forth at the time to Trolinger -- John Trolinger, the I.T. guy, he said that on several occasions, he was calling -- and he gave three different numbers, and it appeared to me that the majority of the problem was out to the west and not towards the big cities, if that makes any sense. He wasn't able to get through, wasn't able to get lines through, wasn't able to get phone calls through. Then the last part of his trouble stuff was, he said a lot of the lines sound like I'm talking inside a tunnel. I hear the other party, but they do not hear me, or sometimes in my conversation with -- he said sometimes they hear him, but, you n-z4 0~ 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know, he doesn't hear them. Sometimes it sounds like they're on a speakerphone when they're not. And the clarity for being recorded, 'cause we record all our incoming, was not capable, so he even quit using it. And when I talked to Trolinger the other day, it's even been kind of disabled or deactivated out at our office at this time, just 'cause nobody would use it any more. So, that's the situation we were at with voice over IP. JUDGE TINLEY: Okay. So, what we got before us is an equipment lease. If there are additional service lines installed, those will be line service charges for each particular line? SHERIFF HIERHOLZER: That's correct. JUDGE TINLEY: But what we're dealing with here today is equipment only. And the initial presentation which you gave us was for a continuation -- in essence, a continuation of a lease of existing equipment, but with the proviso that as that equipment becomes inoperative, it would continue to be replaced under this agreement. The options that the Court asked you to get are a one-year and three-year for brand-new equipment, which you included. One year would be $3,652 a month. Three years would be $1,504 a month. A five-year new equipment would be 1,217, with a purchase option of -- a purchase feature; we would purchase all that equipment at 40,000-plus, weighed against the original proposal for the 9-^9-Oh . . ~._ 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 existing equipment to be replaced under a warranty of $618 a month. SHERIFF HIERHOLZER: Right. But the original -- and that's true on equipment. The only addition that this does is -- such as, like, right now, our voicemail system's full, not just the incoming lines. And the Narcotics Division have one phone to share between five of them, because we have no more phones back there in that office we added, all right? This does put phones in there. The -- you know, any of these options goes ahead and puts the phones in there, expands those systems and all that, so that's all on a level playing field with the options. The -- the first proposal I gave y'all, which is on the page by itself, which is the $618, you wire exactly right, Judge. What that does is, it's a new five-year lease, all right, where we're paying 580 or 590-something right now. This ups that to 618 a month, which I can handle in my budget as it is. And as our equipment -- like my phone going out last week, they just come in and replace that phone, okay? It keeps that lease deal going to where I don't have any problems with equipment. If we do, they respond very well and come out to fix it. It does not replace all our phones like all these other proposals do, all our phones and equipment. And I -- my phone's working fine right now; I don't see a need to replace it right now. If it goes bad, I want them to come out and replace it. n-%4-o5 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: The additional monthly charge is the expansion that's going to be built into the existing equipment so that it'll accomplish what you need do right now? SHERIFF HIERHOLZER: That's correct. JODGE TINLEY: Anybody got any questions for the I Sheriff? COMMISSIONER LETZ: Is there a -- the first page is 618? SHERIFF HIERHOLZER: Yes. COMMISSIONER LETZ: Increase. Is there an option to -- or a cost to do that on a three-year or a one-year? SHERIFF HIERHOLZER: Well, the purchase price with the one-year of that equipment is right below that, $12,260. COMMISSIONER LETZ: And that would eliminate -- that eliminates the monthly charge? SHERIFF HIERHOLZER: It would not eliminate all of our monthly charge, no. But it may -- Curtis, do you know what part of that will be eliminated? MR. THOMPSON: I'm Curtis with Kerrville Telephone Company. The $12,260 covers the upgrade on equipment only, with no maintenance. The $618 a month for five years covers the finance of this equipment, along with the maintenance built in, so if the Sheriff's phone dies or the phone system quits, we'll go out and replace it. So, I built in maintenance in the lease. 4-~4-OC 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 25 COMMISSIONER LETZ: If we go with a three-year lease, what does maintenance -- what does that number become? MR. THOMPSON: I would have to do some numbers on a three-year. The typical telecommunications lease is generally five years, so -- but I could make provisions to do a three-year if you would like to see that. SHERIFF HIERHOLZER: I believe our current one is five that we're fixing to run out on. MR. THOMPSON: That's correct. COMMISSIONER WILLIAMS: Yeah, we've already done a five on the same equipment. SHERIFF HIERHOLZER: We've done a five. This is another identical one, except adding a little bit more equipment than we had. We did a five right after I took office, and we added four more lines then at that time, 'cause we were getting busy signals, and it has -- it lasted us right at five years. COMMISSIONER LETZ: Rusty, I guess my hesitation with going to a five-year lease is that, one, I think it's a -- well, technology is changing rapidly in this field. The courthouse system is now seven or eight years old. COMMISSIONER WILLIAMS: Easily. MR. THOMPSON: Eight. Yeah, it's a little over eight -- well, I think it's nine, actually. It's nine years old. 9 29-06 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 L S COMMISSIONER LETZ: So I think the courthouse will have to get upgraded before long. And it seems we -- it's -- to me, it makes a lot more sense to try to do it all at once, so we don't do your department and then Road and Bridge, as they have their own separate deal, and the courthouse is our separate deal, and then who knows what's going on at Ingram at the annex. It seems if we could get all these things under one thing, we should get a better deal. And -- SHERIFF HIERHOLZER: Well, this -- and I can understand -- COMMISSIONER LETZ: But I know you need something right now. SHERIFF HIERHOLZER: I'm just getting to the point where -- it doesn't happen every day; about once -- once, maybe twice a week, you know, I can pick up the line to call out and have a busy signal. It's starting to happen more than I'm -- COMMISSIONER WILLIAMS: Could you put in some expansion cards on your rack and take care of your needs? MR. THOMPSON: That's what this is. This -- he's maxed out right now. He's maxed out on lines. He's maxed out on extensions and voice mailboxes. And, so, what we have done is -- it's a modular system, very good telephone system. We've added some modules to it for expansions, and at the same time, upgraded the software. Because right now, we're at 9-29-~6 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Release 7 on software, brand-new, right off the shelf. You're at a Release 1 on that phone system. So, what we did is, we upgraded the software, and that will enable you guys to use brand-new phones, so when the Sheriff's phone quits, we can go get brand-new phones and put them in on the telephone system as we go. So, I built in maintenance for this. SHERIFF HIERHOLZER: So, the upgraded technology, Jonathan, that you're talking about, this includes that as the basic deal, and you can go from there. And -- MR. THOMPSON: This takes care of the Sheriff's Office only. SHERIFF HIERHOLZER: The upgrade in technology. JUDGE TINLEY: If I'm -- if I'm getting the drift of what Commissioner Letz, I think, is inquiring about, we've got a separate lease for Road and Bridge; we've got a separate lease for Extension, we have a separate lease for Sheriff, we have a separate lease for courthouse. I believe those are the four. MR. THOMPSON: No, sir, this one's purchased. This one is paid for here at the courthouse. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: We have a maintenance contract? MR. THOMPSON: No maintenance. It was purchased several years back. e-zn-nh 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 90 JUDGE TINLEY: I think what Commissioner Letz may be suggesting is that maybe you pull those -- all of those, and you take a look at trying to come up with one concurrent lease term where we can incorporate everything under one lease so that it suits our needs, the Sheriff's needs, Road and Bridge, Extension and so forth, with the idea in mind that maybe if we wrap it all up into one, maybe the bottom line gets more attractive for all of them. Ts that unrealistic to think that way? MR. THOMPSON: No, sir, it's not. We -- we could upgrade -- I believe we're at Release 4 here at the courthouse, going from memory. It starts at 1, goes -- we're at 7 right now, so we could look at upgrading the phone systems and giving you a price for one -- one upgrade for all. COMMISSIONER NICHOLSON: Pulling it all together makes real good sense to me. I'd like to see that done. However, that doesn't deal with the issue of obsolescence and the way things are -- I fully agree with Commissioner Letz. The way things are moving, anything you buy today in the area of electronics and communication is likely to be obsolete in five years. JUDGE TINLEY: Well, there certainly could be other options that he could present to us on pulling all these together. Let me ask a question, if I might. If we had a -- a service problem here at the courthouse -- we own the 9-^9-06 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 equipment. If we have a service problem here, take me through ~ that. What am I looking at in terms of obtaining service and the cost? MR, THOMPSON: The cost is our hourly rate, and we're at 60 bucks an hour. And then we -- it's just equipment charge. Whatever equipment has failed, we'd replace it. COMMISSIONER LETZ: Do we -- do we have problems here? I mean, probably a stupid question. MR. THOMPSON: Very few. It's -- Northern Telecom's top of the line, and the good thing about Northern Telecom, they have green philosophy, back to the obsolescence. They always have a good migration path to the new telephones, new softwares, and it allows you to keep your existing phones, existing equipment. Just a matter of upgrading when -- when new phones come out, new technology comes out. They allow you to migrate your existing path to save your in-house phones, dollars on cards, phones, and equipment. COMMISSIONER LETZ: Is Kerrville Telephone looking at, or do they already have the broadband capability, or are they going to expand into that market? MR, THOMPSON: I'm assuming you're talking about voice over IP. At this time, voice over 1P has not been a very reliable option, so what we do as far as reliability and security, we have conventional telephone lines. For you guys, that's what we recommend. 4-24-u~ 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 COMMISSIONER LETZ: Right, I know you do for us. But I'm saying -- I mean, you know, as voice over IP improves, is that something that Kerrville Telephone -- MR. THOMPSON: Then we'll look at it at that point. SHERIFF HIERHOLZER: My understanding from Curtis is that this upgrade, you know, and the additional equipment with the technology, that it is capable of doing voice over IP. If voice over IP ever gets stable enough, you don't have to replace all this equipment again. So, the technology is where they're under digital or voice over IP. COMMISSIONER NICHOLSON: What is voice over IP? JUDGE TINLEY: Internet. COMMISSIONER WILLIAMS: Voice over internet protocol. MR. THOMPSON: Yeah, and it's not necessarily over the internet. It could be on your net -- computer network. Like, I can make a call from my phone in-house to your phone in-house across your computer network using IP. COMMISSIONER NICHOLSON: I thought that's what it was, but -- MR. THOMPSON: And then you take a different -- you take a different step when you get -- you start using your trunking there. That's quite different. Then you start competing over bandwidth for other files that are being transmitted on the internet, so that's why you have the 9-?a-oF 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 quality of service issues that you have to address. COMMISSIONER LETZ: Curtis, one more question. Of the 618 a month, what portion of that is maintenance? MR. THOMPSON: Let's see if I've got that listed out. You know, I may not have that listed out right here with me. SHERIFF HIERHOLZER: I have a contract. MR. THOMPSON: I believe that is -- let's see, somewhere in the neighborhood of $177 a month, I believe. That may be wrong; I may have to get back with you on that. COMMISSIONER LETZ: Okay. My preference would be really to have you take a look at -- it doesn't sound like the situation is critical for the Sheriff. It does need to be addressed, but I think that -- ycu know, could you look at all the other -- the four other systems that y'all are handling right now, what it would cost to tie it all together, get them to the same phase or level, whatever you -- you know, whatever the word -- Level 7 now, or -- MR, THOMPSON: To upgrade it to get to the current software at each location. COMMISSIONER LETZ: Mm-hmm. MR. THOMPSON: And what that will do is, that will give you the capability of using the newer type phones that are in place right now. We have some -- right now, we're at the M series phones. Good telephones, but when we upgrade to ~-29-06 44 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 L1 22 23 24 25 the newer software, there's a few buttons on it that it does The message-waiting light on it does not work. Message waiting works fine on the display. Speakerphone works fine if we put it on a different button, but there's a few little buttons that just will not work until we upgrade the telephone system. SHERIFF HIERHOLZER: My only concern, Jonathan -- and you're right, we're not at a critical stage right now. Like I said, there are times you get a busy signal. My concern is -- one, of course, the lease is up, but that's a month-by-month after it's expired. But two is, going into the summer months and -- and the storms and the fires and different things like that, it would not take a very large event to pretty well shut down our phone system; that everybody's going to get busy signals. I won't say that adding four more lines will solve that problem either if we get something major, but it is a risk factor, and what we're -- we're taking on getting busy signals. COMMISSIONER LETZ: Curtis, could you have that new number back to us in two weeks? MR. THOMPSON: Yes, sir. DODGE TINLEY: I think as many options as you can give us. My thinking is, since we already own the -- the courthouse system, two different options there; a lease 9-_'9-OG 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 95 option, a purchase option, and maintenance factors on there. I don't know if we want to buy a maintenance factor as we continue to own, or if we want to purchase the new upgrade and merely want to do an outright purchase and then acquire maintenance for that. My point is, as many options as you can give us to -- to review so that we can try and make an overall good decision. MR. THOMPSON: Okay. COMMISSIONER LETZ: And term is important, from the standpoint of trying to get them all so that we're not doing one this year, one the newt year. We can at least get them all -- figure out how to get them all, so a year from now, we're going to look -- MR. THOMPSON: The same level. COMMISSIONER LETZ: Same level, same time. COMMISSIONER WILLIAMS: I agree with that. I`m just curious, does any member of the Court remember why we purchased these to begin with, as opposed to leasing? MR, THOMPSON: Well, at -- COMMISSIONER WILLIAMS: The courthouse system? MR, THOMPSON: At the end -- I don't know, but at the end of a contract, you have options that you can either -- you can purchase it for a dollar, you can upgrade. Of course, that's kind of like what we're doing to the Sheriff's Office; they're doing an upgrade and adding some more dollars to it. ~-~4-G6 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 46 Gr you can surrender the equipment and start all over. COMMISSIONER WILLIAMS: Is that what we did originally, a lease-purchase? MR. THOMPSON: It was -- COMMISSIONER WILLIAMS: On the courthouse system? MR. THOMPSON: That one was a lease, fair market value, and at the end of the fair market value, you owe the fair market value amount. So, we -- what we did was, instead of purchasing that fair market value amount at that time, we extended that contract three years and financed the fair market value over 36 months. COMMISSIONER WILLIAMS: I see. All right. MR, THOMPSON: And so now we're at the end of that; now we've got these other options. You can either purchase it with upgraded equipment or lease with upgraded equipment, and that will get you up to the newest software level. Then the other option -- the last option was a brand-new telephone system, all new phones, all new software, al] new equipment, and that -- that option was the one that we talked about; it was 40,000. That phone system will allow you to do voice over j IP. The existing one we have right now, we would have to upgrade the KSU, the key system on the -- on the brain on the wall, to get you the voice over IP, if that's the way you want to head. COMMISSIONER LETZ: Is that part of the reason that 4-_' 4-0 F 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there was problems with the voice over IP when they tried to use it? The equipment didn't mesh well? MR. THOMPSON: It's the -- on our side, on the telephone system, what we've done is put just regular conventional trunks that are very reliable, and the equipment, of course, the Nortel network. And we do not propose voice over IP trunking inbound/outbound. We can propose voice over IP between the phones, and basically instead of using your Category 3/Category 5 wiring that is outside of your computer network, we would put it on your network on all your switches. That way it's basically like a computer; all the programming is across your network. All your phone calls are across your network, and so is the -- so is the bandwidth. Your bandwidth for file-sharing transfers, printing, and your voice calls would be on your network at that point if they -- if we did that. COMMISSIONER BALDWIN: I just want to remind everybody that we're dealing with emergency services here. And there are -- not everyone uses a 9-1-1 service to get in to him, and they use the -- these land lines at times to call Rusty with an emergency, and I'd hate to see us get caught with our -- in a deal with that. So, I would hope that the next time we're in here dealing with this, that we're ready to do something. If we're not ready to do the entire system, that at least we'd take care of the emergency services. 9-z9-a c. 48 1 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: The quicker you can get us that information, you know, we'd be most appreciative. We really would. MR. THOMPSON: Sure. Thank you. SHERIFF HIERHOLZER: Thank you. JUDGE TINLEY: Any other member of the Court have anything further to offer on that item? Let's, if we might, go to our 9:45 item. I apologize for being a little bit late. I have a report and presentation from the Kerrville Area Chamber of Commerce and the Kerr County Sesquicentennial Committee relative to the Kerr County Sesquicentennial celebration. Mr. Bondy, Mr. Herring, thank you for being here today. MR. BONDY: Thank you very much, Judge and Commissioners. We really just wanted to come before you all to kind of give you an update on the weekend's activities. Most of you were there, and we probably don't need to spend a lot of time on it, but really, it's a way for us just to say thank you for letting us create history, because that's, in essence, what we did. The turnout at all the events was stellar. The timing on all the events was as smooth as you could anticipate for planning an event of this magnitude, and we had a lot of really good people that -- that made the whole thing come together. Joe and I were just cogs in the wheel, but the entire steering committee put a lot of time and effort 9 - ~' 9 U 6 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 into it, and as you all saw, it was a very successful weekend. MR. HERRING: Also, our moms taught us to say thank you, and that's why we're here today. JUDGE TINLEY: Listen, gentlemen, I want to thank both of you and the organizations you represent. You're being entirely too modest when you say you were merely cogs in the wheel, 'cause I watched you, and you guys were scrambling and hustling and -- and really grabbed hold of this thing and ran with it, and I am just most, most appreciative of everything that you guys did. And it's because of your efforts and the efforts of your organizations and the committees that you formed to handle the various facets of this thing that that entire celebration was the success that it was, and I want to thank you for it. COMMISSIONER BALDWIN: It was the biggest party I've been to in 150 years. MR. BONDY: That was the goal. MR. HERRING: We have a little token of our appreciation for each of you. MR. BONDY: As you know, we have a commemorative coin that was commissioned for the event, and some of the foresight that Joe had was to have a few of them cast in fine silver. And, as our discussions rolled out, we decided that a good way would be to share those with some of the people that made it possible, so we hope that you'll accept these tokens 9=9-os 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of our appreciation in the way of commemorating each of you for your participation in the Kerr County 150th Sesquicentennial celebration. We have one for each of you. I'll work my way around the room. Mr. Baldwin, this would be for you. COMMISSIONER BALDWIN: Thank you very much. I saw the governor get one of these and I got a little mad. Thank you. COMMISSIONER LETZ: Thank you. JDDGE TINLEY: It wasn't his birthday; it was ours, right? MR. BONDY: Judge Tinley, this would be for you. COMMISSIONER BALDWIN: Golly, what an honor. JUDGE TINLEY: Thank you, sir. COMMISSIONER NICHOLSON: That's too good. Thank you. MR. BONDY: Who didn't get one? That would be Commissioner Williams. MR. HERRING: If you don't want it, you can always give it back and we'll scratch through your name. COMMISSIONER WILLIAMS: Thank you very much. COMMISSIONER NICHOLSON: I'm going to put this on the wall of my library until we celebrate 200 years, and remind me of it then. COMMISSIONER BALDWIN: I'll see you there. 9-za-oh 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 COMMISSIONER WILLIAMS: Thank you for everything you did. JUDGE TINLEY: Thank you. COMMISSIONER NICHOLSON: Thank you so much. COMMISSIONER WILLIAMS: Thank you for this. MR. BONDY: One last thing. I'm not sure if you were aware, Joe pointed out that there were several other counties in our state that also celebrated their sesquicentennial this year, and -- what were they? MR. HERRING: I believe it's Burnet, Lampasas, and Bandera Counties, at least. ', MR. BONDY: And the best that the rest could do was ~, an evening reception, and there wasn't any organization that came close to what we all collectively did for Kerr County. So, thank you again. I~ MR. HERRING: Thanks. ', COMMISSIONER BALDWIN: It's my understanding -- and you can help me here. I think that the County Progress, which is a statewide county magazine, is going to do a little story on us. MR. BONDY: Yes, sir. In fact, we uploaded, I think, 10 or 15 photos from the parade to them, and they're going to be using them in the next issue. COMMISSIONER BALDWIN: Super. Thank you so much. MR. HERRING: We note that the city of 9-24-06 52 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 Fredericksburg is celebrating its 160th birthday in May, but they don't have the governor or fireworks or -- so I e-mailed a friend; he said, "We just didn't want to show off." DODGE TINLEY: I recall you gentlemen telling me that part of the challenge that you folks accepted in taking this thing on was you wanted to put the bar way on up there so when it came time for the bicentennial 50 years from now, that there'd be a real nice target to shoot at, and if they could top it, fine, but you wanted to make them hustle to do it. MR. BONDY: That's right. And the last thing I will add before we leave is that the event paid for itself, 100 percent. The balance right now is about $2,000, with still a couple of bills to come in, so it was a break-even proposition, which is what our goal was going into it. Didn't make money, didn't lose money. The event stood on its own. So -- MR. HERRING: The plane will come into the landing strip with just a little gas. (Laughter.) COMMISSIONER LETZ: Thank y'all very much. DODGE TINLEY: Thank you, thank you, thank you. Let's move now to our 10 o'clock timed item, Item Number 8. At this time, I will recess the Commissioners Court meeting, and I will convene a public hearing concerning the revision of plat of Kerrville South Ranches Number Two, Lot 51, located in Precinct 1. 4-29-06 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (The regular Commissioners Court meeting was closed at 10:10 a.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G JUDGE TINLEY: Is there any member of the public that wishes to be heard concerning the revision of a plat of Lot 51 in Kerrville South Ranches Number Two? Any member of the public wishing to be heard concerning the revision of a plat of Lot 51 of Kerrville South Ranches Number Two? Seeing no one stepping forward, I will close the public hearing, and I will reconvene the Commissioners Court meeting. (The public hearing was concluded at 10:10 a.m., and the regular Commissioners Court meeting was reopened.) I JUDGE TINLEY: And we'll take up Item 7; consider, discuss, and take appropriate action to approve the revision of plat of Lot 51 in Kerrville South Ranches Number Two located in Precinct 1. Mr. Odom? MR. ODOM: Yes, sir. Thank you, Judge. I have the mylar before you with the pen, so -- if the Court approves this. This is a family division of property, from the father to a son. It's on Monroe Drive. These lots -- they chose to plat it. Could have been done by metes and bounds, but it's cleaner. Also, Jacks Road -- Jacks Drive, I believe, has one lot there. There's 13.72 acres. It's four lots. It's community water out there, and the average is 3.93 acres per 9-z9-oE 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 L S lot. I don't have a problem. I would ask the Court to give a final approval on this plat. COMMISSIONER LETZ: Do we have to give a variance on that -- on 51-B because of the amount of -- it's only 60 foot frontage. MR. ODOM: Well, since it is -- COMMISSIONER LETZ: Or can it be done under that rule? MR. ODOM: 1.03, we have no discretion; they can divide it up. I mean, there's no -- no specification under 150 feet. COMMISSIONER LETZ: Well, but if we're going to plat it, we have to -- I mean, we have to give a variance to it. I'm not saying don't do it. I'm just saying you can't not -- you can't have a plat and then not follow the rules. MR. ODOM: Right. COMMISSIONER BALDWIN: 1.03, is that the family issue? MR. ODOM: Yes, sir. There's about eight exceptions in there, and that falls under the family. The father's giving all the rest of it. COMMISSIONER BALDWIN: Let's talk about that for a minute. That is a little bit cloudy. 1.03 says that if it's a family transaction, then you don't have to go through the platting process, so how would you -- 9-z9-ob 55 1 L 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: They chose to go through the platting process. COMMISSIONER BALDWIN: I understand, but how would you address -- if they didn't go through the platting process, how would you address the frontage issue? COMMISSIONER LETZ: It wouldn't be addressed, 'cause it's not -- MR. ODOM: It would be on metes and bounds. COMMISSIONER BALDWIN: Yeah. COMMISSIONER LETZ: Yeah. COMMISSIONER BALDWIN: But it could be 100 feet. MR. ODOM: Could be 100 feet. It could be 60 feet. COMMISSIONER LETZ: Or it could be 20 feet. MR. ODOM: Could be 20. COMMISSIONER WILLIAMS: No variance of record. COMMISSIONER LETZ: But I just think if we're going to do the plat, we should give them a variance on that, and we could have a problem with that variance. I mean, I think -- if -- I can't remember the language offhand, but we may be able -- I believe we have some latitude on the frontage. MR. ODOM: Well, we discussed that before. This has come up before, but we decided at this point there was nothing in the statutes that said specifically that you would follow. So -- COMMISSIONER LETZ: Right, but I thought there was e-za-oE 56 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 discretion there that we may -- we can just do a variance. MR. ODOM: I don't think so. I would ask for a variance, then, on Lot 51-B at 60 foot. COMMISSIONER LETZ: Yeah, which is fine. COMMISSIONER BALDWIN: Is -- can we do that under this -- COMMISSIONER LETZ: Sure. COMMISSIONER BALDWIN: -- verbiage? ', COMMISSIONER LETZ: We're approving it subject to granting a variance and doing it. COMMISSIONER BALDWIN: Well, I move for approval of the revision of plat of Kerrville South Ranches II, Lot 51, and grant a variance on the frontage issue on Lot 51-B. COMMISSIONER LETZ: Second. JODGE TINLEY: Motion made and seconded in accordance with the language of the motion. Any question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. COMMISSIONER BALDWIN: Leonard, let me ask you a question about this. MR. ODOM: Yes, sir? 9 ?g-o E, 57 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 BALDWIN: If I didn't have a steel-trap mind and remember absolutely everything I've ever done in life, I would have come up here today not knowing what the revision was. I mean, I can't -- I can't look at this and tell what we were revising from/to. MR. ODOM: It was one lot -- COMMISSIONER LETZ: No, he means -- I saw that same thing, Commissioner. COMMISSIONER BALDWIN: Yeah. COMMISSIONER WILLIAMS: Glad you mentioned that. COMMISSIONER LETZ: There's no picture of the before I and after. MR. ODOM: Oh, the before and the -- COMMISSIONER BALDWIN: The before and after. But we all remember absolutely everything, and I knew what we were dealing with here. But I -- I can see how a lesser person could get on this Court and not be up to snuff like that. So, I don't know if you -- if it's -- MR. ODOM: I missed it. COMMISSIONER BALDWIN: -- a phone call or a picture. I don't know. COMMISSIONER WILLIAMS: It doesn't show previously platted or whatever. MR. ODOM: It wasn't platted well, I take that back. I missed it. It was -- I mean -- I've been working with 4-29-06 58 1 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 -- it wasn't going to be done, and then it came up to be done, to be platted. COMMISSIONER BALDWIN: Just remember that we don't work with it every day like you do, and we're not -- maybe not quite as in-tune with what we're -- what the change is. MR. ODOM: Well noted. COMMISSIONER LETZ: Commissioner, we do not require a variance. He has authority to grant one. COMMISSIONER BALDWIN: Oh. COMMISSIONER LETZ: "Minimum lot frontage distances may be reviewed by the Commissioners Court and lesser distances may be approved based on lot density, topography and other mitigating factors recommended by the County Subdivision Administrator." So, it's not a variance; it's your recommendation. Since you're recommending it... COMMISSIONER BALDWIN: I'll remember that. JUDGE TINLEY: Thank you. At this time, I will recess the Commissioners Court meeting -- MR. ODOM: Sir, may -- before you do that, may I just point out that I had a final, but we did not receive the finals, and what this is -- I don't know if you received any documentation. We sent it up for a public hearing as well as a final, and I had to pull that final. And what you have before you is -- no action is needed other than a public hearing for this, but it was a revision of two lots into one. 9-zs-oa 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We were reducing two into one, is what the information is about. Precinct 3. I just need a public hearing. JUDGE TINLEY: That's what I'm about to give you. MR. ODOM: Yes, sir. JUDGE TINLEY: I will at this time recess the Commissioners Court meeting, and I will convene a public hearing concerning the revision of plat of Falling Water, Lots 117-A and 116-D, into 117-R, all located in Precinct 3. (The regular Commissioners Court meeting was closed at 10:17 a.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G JUDGE TINLEY: Is there any member of the public that wishes to be heard concerning the revision of plat of Falling Water, Lots 117-A and 116-D, into 117-R? Any member of the public that wishes to be heard with regard to that revision? Seeing no one coming forward or otherwise asking to be heard, I will close the public hearing concerning the revision of plat of Falling Water, Lots 117-A and 116-D into 117-R, and I will reconvene the Commissioners Court meeting. (The public hearing was concluded at 10:17 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE TINLEY: And we will move to Item 12, that item being consider, discuss, and take appropriate action to request the Texas Department of Transportation to consider 9-29-OG 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 29 25 lowering the speed limit on State Highway 27 in the vicinity of the Kerrville-Kerr County Municipal Airport to 55 miles an hour. Commissioner Williams? COMMISSIONER WILLIAMS: I placed this on the agenda, gentlemen, because I've had numerous people contact me subsequent to the most recent accident that resulted in the death of -- of one individual and the serious injury to another. It's not the first accident that's happened on that stretch of highway. We've had deaths occur in proximity of the airport entrance. And my purpose is to ask you to think about, or the Court to take an action requesting that -- can't do anything but request TexDOT to take a look at the posted speed limit. Seems to me that that stretch lends itself to higher speeds than are necessary, and you know what the result is when that occurs on some occasions. So, I'm open to discussion; see if we can head in this direction. COMMISSIONER LETZ: I fully support this action. I think that that area -- that stretch needs to -- more needs to be done. I think it's on their long-range plan, and because of this most recent accident, the way TexDOT works, I would not at all be surprised to see some upgrades of that coming soon, next couple of years. I'm just saying that based on serious accidents like recently occurred, a fatality gets their attention in a hurry at TexDOT, and I suspect they may want to put a -- you know, do something with the widening or 9 z9 oh 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 LS put a turn lane in part of that stretch. But speed limit certainly can be done right away. It would certainly -- and for the entire stretch. COMMISSIONER WILLIAMS: The folks who contacted me asked me to support it. That's fine. I indicated I would do that, but it carries a great deal more weight and support if Commissioners Court as a whole makes a request formally for that purpose. COMMISSIONER LETZ: And it can even be done, in my mind, by just a letter. Draft a letter, and -- COMMISSIONER WILLIAMS: Which -- COMMISSIONER LETZ: I make a motion that we -- do you want to make the motion? COMMISSIONER WILLIAMS: I'll move that the Court support a request to Texas Department of Highways to reduce the speed limit on the 3.1-mile stretch of highway on Highway 27 parallel to Kerr County Airport. That, essentially, is from Al Mooney Road to just a bit west of Center Point. COMMISSIONER LETZ: I would rather see it go all the way to Center Point. COMMISSIONER WILLIAMS: Well, it does reduce down; that's where I'm talking about. It reduces down to -- there's a sign there for that purpose. ~ COMMISSIONER LETZ: Okay. Second. JUDGE TINLEY: Motion made and seconded that the 9-~9-~ti 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 Court express support for the reduction of the speed limit on Highway 27 from Kerrville-Kerr County Municipal Airport all the way to Center Point, or where it reduces prior to getting to Center Point, to 55 -- to the posted speed limit of 55 miles an hour. Any question or discussion on the motion? II COMMISSIONER LETZ: And authorize the Judge to sign that letter -- or write the letter. COMMISSIONER WILLIAMS: Yes, that's part of the I motion. JUDGE TINLEY: Okay. Any 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: Motion does carry. COMMISSIONER WILLIAMS: Thank you. JUDGE TINLEY: Let's move to Item 13, if we might. Consider, discuss, and take appropriate action on hiring a consulting engineer to review subdivision engineering documents. Commissioner Letz? COMMISSIONER LETZ: There won't be any action on this today again, but there is movement on this item. I'm trying -- I have a meeting set up today at 3 o'clock with Mr. Wayne Wells, who is an engineer in Gillespie County. He 9-24-06 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 does work for Gillespie County Commissioners Court similar to this; he's interested in doing it for us. I visited with him by phone, but we're to meet today at 3 o'clock, and at that it point, after I visit with him, I really want to hear a little bit about how they do it in Gillespie County. I want to get with Leonard and see how -- you know, and see how we -- how we get some idea of meshing the two. We really haven't discussed how this would work directly. So, a little bit more exploratory talk this week, and it'll be on our next agenda ~ hopefully to be able to -- COMMISSIONER. BALDWIN: Let me ask you a question. What all is included in subdivision engineering documents? COMMISSIONER LETZ: It's pretty much drainage and street design. It's only those two items. It's -- we have engineering required for -- and, of course, there's surveying and all that part of it, but that's not -- that's -- COMMISSIONER BALDWIN: Yeah, that's a different -- COMMISSIONER LETZ: Different issue, in my mind. It's specifically for drainage studies and street layout and design and specifications. COMMISSIONER BALDWIN: It's street design, but not inspection type thing? COMMISSIONER LETZ: No. It would just be that the -- the drawings that are submitted by the developer, just to have an engineer -- those that are prepared by an engineer, 9-z4-oh 64 1 G 3 4 5 6 7 8 9 10 11 12 -- 13 14 15 16 17 18 19 20 21 22 23 '° 2 4 25 to have an engineer look at those as state law requires, problem, I'm not sure how we'd go -- I presume at that point, ~t would go back to Leonard; Leonard would bring it to court, or whoever the engineer may be would bring it to court to how that proceeds, which is that the County hires another engineer to, you know, look at them. But I'm really interested to see how they're doing it in Gillespie County, 'cause they're doing the exact same thing that we're looking at doing, and see how that works and what the inter -- the whole relationship is between both their permitting subdivision department and also the Commissioners Court. COMMISSIONER WILLIAMS: I appreciate you doing it, because -- COMMISSIONER BALDWIN: Me too. COMMISSIONER WILLIAMS: -- the creation of roads and the layout of roads makes for a more impervious surface, changes the velocity of water, and I think we really need that expertise when that happens to know exactly what's taking place. COMMISSIONER NICHOLSON: I really like the concept of finding out how somebody else can do it and borrowing their good ideas instead of us trying to reinvent it. So -- 4_za-o r, 65 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: I think the other thinq -- the other -- when we make a decision on this, I think we'll also revisit a little bit about how Kerr County evolved into the i system that we have of having a non-engineer over our Road and Bridge Department. And this, I think, is a -- you know, I've talked to Rex a little bit about this. It's probably a good idea to -- there may be some recent Attorney General opinions, and actually an Attorney General opinion request -- to put everyone in the public on notice as to why we did this when we did. I think we had pretty good justification for it. 50, anyway, it should be back on the agenda next time. JUDGE TINLEY: Anything else to be offered in connection with that particular agenda item? Let's move on to Item 14; consider, discuss, and approve appointment of Steve King to the Kerrville-Kerr County Soint Airport Board. COMMISSIONER LETZ: Y'all probably will think you did this once. COMMISSIONER WILLIAMS: Only did half of it. COMMISSIONER LETZ: It's a convoluted process. Under the governance agreement, the way it actually works is that there's nominations that go in to the four constituent representatives, which Bill and I are two of them, and out of that group of four -- two others are on the City Council -- then those four appoint the person subject to approval by the two governmental bodies, being us and the City Council. So, e ze-oE 66 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 i I'll make a motion that we approve the appointment of the -- of Steve King to the Airport Board. COMMISSIONER NICHOLSON: Second. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded that Steve King be appointed to the Kerrville-Kerr County Joint Airport Board. Is there any question or discussion on the motion? COMMISSIONER WILLIAMS: Well, I'll just make a -- reserve a comment later, Judge. Not on the motion. Motion's good. COMMISSIONER BALDWIN: So, is it going to take this time? COMMISSIONER LETZ: I think it takes this time. COMMISSIONER WILLIAMS: Hope so. COMMISSIONER LETZ: It was a little iffy in between. JUDGE TINLEY: Any further question or comments on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY": All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. You had a comment, Commissioner? COMMISSIONER WILLIAMS: I just think it's important for the Court to note that we, as the constituent agency 9-_4-06 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 representatives, had a -- had an in-depth discussion about the process, and we are -- we still represent -- three of us represent the four that negotiated the agreement, but this Ss the first time that it has practically been put into effect, or the process has been initiated; maybe that's a better way to state it. All of which is to say that we four also agree that the governance agreement needs to be revisited for the purpose of refining this process. And we, by motion at a past board meeting, a posted meeting, agreed to do that. COMMISSIONER LETZ: In other words, we -- the three II of us and the one that's no longer -- former Mayor Fine, we negotiated a horrible agreement in this one area. It was -- it's a convoluted mess trying to figure out how to get a replacement. COMMISSIONER WILLIAMS: Just not a smooth process. COMMISSIONER LETZ: It definitely didn't work smoothly this time. It's going to be resolved. But we got through it. COMMISSIONER WILLIAMS: We did. Using the mayor's words, we muddled through it, successfully. JUDGE TINLEY: What the board did was, the board has agreed to rework that portion? COMMISSIONER LETZ: Right. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: Yes, sir. 4-~4-OF 68 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: And that will come back to the City and the County. COMMISSIONER WILLIAMS: Right. JUDGE TINLEY: Oh, okay. Sure. COMMISSIONER LETZ: Between the City and the County. JUDGE TINLEY: Okay. Okay. Why don't we stand in recess until a quarter of? (Recess taken from 10:28 a.m. to 10:49 a.m.) JUDGE TINLEY: Okay, let's come back to order. We were in recess, and let us resume our Commissioners Court meeting. First off, is there any member of the Court that has any item that they feel is appropriate cae go into executive session about? Okay. Let's get down to the approval agenda. Ms. Williams? Let's go down to item -- Section 4, payment of the bills. Anybody have any questions question about the bills? COMMISSIONER WILLIAMS: Move we pay the bills. COMMISSIONER LETZ: Second. COMMISSIONER BALDWIN: Judge, I'd like to second that motion. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: Thank you. JUDGE TINLEY: We have a motion and second to pay the bills. Any question or comments concerning the motion? e-~g-or, 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1S 19 20 21 22 23 24 25 I've only got a comment. In looking at Indigent Health Care, we've got over $93,000. In reviewing that, it appears that over 62,000 of that amount went downstream to San Antonio. COMMISSIONER WILLIAMS: I noted that. MS. WILLIAMS: Yes, sir. And Beth Taylor is going to be here at the next Commissioners Court meeting to go over the Indigent Health Care programming, and bring to you gentlemen some concerns she has with the program. I did talk to her, and she said that these bills that we are paying to providers out of the Kerrville area, she verifies that they have been referred by a Kerrville physician before she even processes them. So, unfortunately, they are legitimate expenses. COMMISSIONER BALDWIN: Well, do we want to invite that physician over here to meet with us privately out in the yard? Or -- MS. WILLIAMS: You might want to. I mean, that's your option. COMMISSIONER BALDWIN: I'm -- you know, I'm sure that that guy, whoever that person might be, doesn't see it like we do. MS. WILLIAMS; It's possible. COMMISSIONER BALDWIN: You know, people don't understand that taxpayers -- I mean, this is kind of a strange animal anyway, but indigent health Care, sending our ~ z~ a~ 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 taxpayers' money out of the county, that's distasteful, period. JUDGE TINLEY; Good terminology. COMMISSIONER BALDWIN: "Distasteful"? JUDGE TINLEY; Good terminology. COMMISSIONER BALDWIN: Thank you very much. MS. WILLIAMS; I'm sure that Ms. Taylor can probably give you more information on that -- that area. COMMISSIONER BALDWIN: Is that the lady at Sid Peterson? MS. WILLIAMS: Yes, sir. JUDGE TINLEY: I've been into some discussions with her, and I think we're going to be in a position to lay some things before the Court, hopefully, that will give a little bit more definition and certainty to the program, and -- and be clear on qualification under the program. Whereas there may be some aspects of it that are a little loose right now, and we're going to try and tighten that up a little. COMMISSIONER WSLLIAMS: Mindy? MS. WILLIAMS: Sir? COMMISSIONER WILLIAMS: I'm just jumping ahead, but it's related. If I'm Looking at Budget Amendment Number 1 correctly, we're saying that Indigent Health Care expense, we've already -- we're down to $175,000; is that correct? MS. WILLIAMS: Yes, sir, correct, 9-.'4-Oe 71 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Out of almost 750,000. We I still have five months to go; is that correct? MS. WILLIAMS: Basically, yes. Because the bills that we are paying right now that are being processed are -- some of them are up through March. Majority of them are February. But we still have April, May, June, July, and August. Right, five months. COMMISSIONER WILLIAMS: Sort of sounds like we've got a hook of misery looking at us in the face. MS. WILLIAMS: Very -- very possible. Beth told me that it seems like it has slowed down a little bit, but there's always a possibility of people coming in and applying. Doesn't mean that they're eligible. They still have to meet the eligibility criteria, and she is going over it with a fine-tooth comb, you know, really trying to make sure that these people are eligible. COMMISSIONER WILLIAMS: And she'll be here to address the Court next time? MS. WILLIAMS: Yes, sir, the 8th meeting. I believe May the 8th. JUDGE TINLEY: That's what we're working on, is trying to have things all lined up to come here on the 8th. COMMISSIONER LETZ: One other question is, if you or maybe the Judge would ask her, is it an all-or-nothing? Is there any way that you can do any sort of a graduated type c-~q-u~ 72 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 program? it seems like you have it -- I mean, it's either you are indigent or you're not indigent. And if you can -- if there's some sort of a way to get them to pay a portion of it up to a -- you know, kind of -- you know, the totally destitute get 100 percent coverage. If you have some funds, you get 75 percent covered, and something like that, if you can do that. MS. WILLIAMS: I'm not real sure what the answer is to that. I think that she probably can address that better than I can. I do know that she has to follow state guidelines. COMMISSIONER LETZ: Right. So, anyway, that's just something I'd be interested in. Be interesting to see if there's something we can do, 'cause this is a problem area. Do you know what we budgeted this year, the maximum amount? Or did we go a little bit under, based on historical -- MS. WILLIAMS: I believe our general revenue tax levy, 8 percent maximum, is 840-some thousand dollars, I believe. So -- COMMISSIONER LETZ: So, we're under a little bit. MS. WILLIAMS: Yeah. JUDGE TINLEY: About 100,000. COMMISSIONER LETZ: About 100,000. MS. WILLIAMS: Yeah. COMMISSIONER LETZ: All right. 4-29-D6 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JODGE TINLEY: But looking at these numbers, as Commissioner Williams indicated, we -- we might get there. COMMISSIONER LETZ: Right. But it -- MS. WILLIAMS: Yes. COMMISSIONER LETZ; We're almost certainly going to need to go into reserves, it looks like, or find money somewhere in the budget. MS. WILLIAMS: And just an F.Y.I.; Alice Simms, who is our third-party administrator at the present time, is going to be here next Friday, I believe the 5th, and the reason she's coming by is because she's a little concerned that we're getting close to the 6 percent amount of our general revenue tax levy. And at 6 percent, we have the option to either notify the state or not. If we notify them, and we go and hit the 8 percent, then they will come in and they will do an audit of this year's records, go through it. If we qualify, they will help us. If they find anything that is out of the ordinary, they'll throw it out, and then we basically have to pay that again. So, that -- that's what she wants to address. She wants to meet with Beth and myself and Mr. Tomlinson. He said he would sit in on the meeting also. COMMISSIONER LETZ: All right. COMMISSIONER BALDWIN: I have a question -- one question, Judge. 7 just want to clear up something I spotted here. I don't know -- I don't think I understand everything. 9-ze-a6 74 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 I know about it. On Page 20 -- MS. WILLIAMS: Okay, which department? COMMISSIONER BALDWIN: Let's see. Department 495. MS. WILLIAMS: Okay, County Auditor. COMMISSIONER BALDWIN: That would be you. MS. WILLIAMS: Yes. COMMISSIONER BALDWIN; Let me see here. 01-1047. MS. WILLIAMS: Mm-hmm. COMMISSIONER BALDWIN: Okay. That's Contract Services, from the third month to the -- from third month, 30th day, through fourth month, 12th day. Is that what I'm reading here? MS. WILLIAMS: Yes, sir. COMMISSIONER BALDWIN: And it's $1,387.50 for two weeks of part-time work? Or tell me how that works. How does this thing work? MS. WILLIAMS: He bills so many hours at a certain set rate. COMMISSIONER BALDWIN: I see. Is that -- I know -- I I can't remember. I know we shifted some things around in your -- in your office. MS. WILLIAMS: Mm-hmm. COMMISSIONER BALDWIN: These moneys are part of the budgeted moneys? MS. WILLIAMS: Yes. We moved some of the money that 9-?9-OG 75 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 was budgeted under Official Salary, and I believe Assistant Salary, down to Contract Services, to pay him out of that line item instead of Official Salary. COMMISSIONER BALDWIN: Okay, that's what I thought I was reading. Thank you for the explanation. COMMISSIONER LETZ: A follow-up to that. What -- how long have the District Judqes decided that they're going to have Mr. Tomlinson paid on a contract basis? MS. WILLIAMS: The contract that they signed with him is through September 30th. COMMISSIONER LETZ: September 30. At this point, I mean, have they given any indication that they plan on hiring a full-time auditor at this point, or what their plan is? MS. WILLIAMS: Mm-hmm, but I can't say at this ~ moment. COMMISSIONER BALDWIN: Oh, come on. MS. WILLIAMS: Yes. I can tell you it will not be me. But if you ask me next week, I can tell you. JUDGE TINLEY: Because you will know anyway. MS. WILLIAMS: That's right. COMMISSIONER BALDWIN: Is it me? MS. WILLIAMS: No. COMMISSIONER LETZ: They're planning on an auditor? MS. WILLIAMS: Yes, sir. COMMISSIONER LETZ: Okay. 9-29-U6 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER NICHOLSON: Did you all know that Tommy Tomlinson and I attended the same accounting classes together? COMMISSIONER LETZ: What happened? COMMISSIONER NICHOLSON: He got better grades and he turned into an auditor. JUDGE TINLEY: Did you apply for the auditor's job? COMMISSIONER NICHOLSON: No, sir, I did not. I'm not looking for more work; I'm looking Eor less. JUDGE TINLEY: Any other questions or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Budget Amendment Request Number 1. MS. WILLIAMS: Okay. This budget amendment is for the Indigent Health Care program. We have a bill that I'm holding for our third-party administrator. It is for one of the batches of claims that we paid this go-around, but we didn't have enough money to process her fee for that particular batch of claims. The bill is for $2,498.64. We need to move 2,119.57. I'm suggesting we move it out of Eligible Expenses at this point in time. I looked at the Admin. line item in Indigent Health Care, and there is not 9-29-06 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 enough money there to make up this difference. I took into consideration what we will be paying the hospital for Beth Taylor's salary through the end of September. There's not enough there, and I can't see taking it out of there and then taking a little bit out of here. We're probably going to wind up having to come back and maybe amend this -- this Eligible Expense line item at a later date in the budget year. Hopefully not. I'm hoping that we'll make it, but at this point in time, I couldn't see asking the Court to declare it an emergency and take it out of surplus. COMMISSIONER BALDWIN: So moved. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 1. Any question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (NO response.) JUDGE TINLEY: The motion does carry. Budget Amendment Request Number 2. MS. WILLIAMS: Okay. This budget amendment is for the Juvenile Detention Facility. Again, we have some medical expenses that came in after the last court date that we need to set up to pay. Total on those expenses is $3,451.76, and I 9-Z4 06 ~... __~~.-._.r. 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would like to get the Court's approval to basically move the balance of the money out of Marketing, which is $2,408.28, and tYien take the difference of $138.76 out of 109, Contract Services, move it up to Resident Medical so that we can pay the bills. COMMISSIONER LETZ: So moved. COMMISSIONER NICHOLSON: Second. COMMISSIONER WILLIAMS: No, I had a question. JUDGE TINLEY: Motion made and seconded for the approval of Budget Amendment Request Number 2. Any question or discussion? COMMISSIONER WILLIAMS: Are these expenses for Kerr County juveniles, or are these some that were expended in advance of being reimbursed by other counties? MS. WILLIAMS: I believe that this is a child that belongs to another county. Do you know if Francisco Salazar is one of ours? MR. STANTON: No, he's not. MS. WILLIAMS: No, this young person is one of the other counties', and I believe they have been billed for those expenses. If not, I will doublecheck and make sure that they are billed so that we do recoup the moneys. COMMISSIONER LETZ: Okay. COMMISSIONER WTLLIAMS: Thank you. JUDGE TINLEY: Any further question or discussion on 4-24-06 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. i (No response.) i JUDGE TINLEY: The motion does carry. Budget Amendment Request Number 3. MS. WILLIAMS: Okay. This budget amendment affects the Detention Facility Maintenance line item, which is in general fund. We have bills totaling $1,627.12. Basically, there is no money left in the Maintenance and Custodial Supply line item in Fund 10. I would like to move the $1,627.12 out of 76-572-334, which is the Resident Supplies line item. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 3. Any question or discussion? COMMISSIONER BALDWIN: Resident Supplies? What is Resident Supplies? MS. WILLIAMS: Supplies that they use for the residents out there, like cleaning -- COMMISSIONER BALDWIN: Toothbrush? MS. WILLIAMS: Toothbrush, hand soap, things like I that. 4_9-06 SO 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 COMMISSIONER LETZ: Question, also. Kevin, can you get with Mindy and go through the budget out there, and let's do, at the next meeting, a one-time change to get some of these -- like, the categories we're obviously going to need more money in, get a good idea for the rest of the year. MR. STANTON: Y'es, sir. JUDGE TINLEY: Any other 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. This also affects the Detention Facility Maintenance budget in Fund 10. This bill came in after I had already done the previous budget amendment, but this one is for detention repairs. We have a couple of bills here that total up to $5,249.72. I left the "transfer out of" line item open, because I wasn't real sure what the Court -- what direction you wanted me to go on this one. We could take it out of 109 like we did on the other one -- (Discussion off the record.) MS. WILLIAMS: Okay, Kevin just told me we can take 9=9-ob 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it out of the Juvenile Detention Officers Salary line item also. I think there's probably a large surplus in that line item. COMMISSIONER BALDWIN: Shhhh. MS. WILLIAMS: It won't be after a while, though. COMMISSIONER LETZ: Do that. I MS. WILLIAMS: Okay. COMMISSIONER BALDWIN: The cat's out of the bag. COMMISSIONER WILLIAMS: Question. MS. WILLIAMS: Yes, sir? COMMISSIONER WILLIAMS: Is this for the old building or the newer building? MS. WILLIAMS: That's a good question. MR. HOLEKAMP: Mindy, what is the bills -- from who? MS. WILLIAMS: One of them is from Compton's. MR. HOLEKAMP: That's old building. MS. WILLIAMS: Is that the old building? The pest control services, is that both buildings? MR. HOLEKAMP: Yes. MS. WILLIAMS: Okay, the pest control services would be for both buildings. The Compton's bill which was $3,337.50, that was for the old building, and there's another one for 1,862.22, and I believe that's the old building also. Correct, Glenn? MR. HOLEKAMP: Compton also? 9-L4-uE 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 MS. WILLIAMS: Yes. MR. HOLEKAMP: Yes, they both are the old building. COMMISSIONER WILLIAMS: And these are for repairs already made? MR. HOLEKAMP: Yes, sir. MS. WILLIAMS: Yes, sir. COMMISSIONER WILLIAMS: So moved. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: I have a motion and a second for approval of Budget Amendment Request Number 3. 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. Wait a minute. That was Budget Amendment Request Number 4, wasn't it? MS. WILLIAMS: Yes, sir. JUDGE TINLEY: All right. Budget Amendment Request Number 4 was just approved. Let's go to Budget Amendment Request Number 5. MS. WILLIAMS: Okay. This one deals with -- one of our Sheriff's patrol cars was hit by an individual. Their insurance has paid off on the claim. We've gotten the check, 9-zn-oh 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 ~, LG 23 24 25 and I need now to go ahead and recognize those funds that we've received into the revenue area, and also in the expenditure area, so that we can pay for having the Sheriff's patrol car repaired. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 5. Any question or discussion? COMMISSIONER BALDWIN: Is this that Various Refunds line that you put the money in, and then you move it out into other places? I I MS. WILLIAMS: Basically, what we do -- COMMISSIONER BALDWIN: Is that a recommendation from the outside auditors to do it that way? MS. WILLIAMS: Right. And, actually, we're not moving the moneys. What we're doing is we're increasing the revenue side that we budgeted to account for the moneys that we're getting in, because this money really wasn't budgeted during the year. This came in -- COMMISSIONER BALDWIN: I see, okay. MS. WILLIAMS: -- as an exception, and then we have to budget on the expenditure side so we raise that to where we can pay for it. COMMISSIONER BALDWIN: Okay, good. Thank you -- 9-~9-06 84 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 MS. WILLIAMS: You're welcome. COMMISSIONER BALDWIN: -- for that explanation. JUDGE TINLEY: Any other 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. Budget Amendment Request Number 6. MS. WILLIAMS: Okay. This one involves Road and Bridge Department. We added two pieces of equipment, I think leased equipment. The insurance coverage costs $138. Their Insurance line item at this point in time is zeroed, so I got with Truby and she got with Leonard, and they said we should move -- we could move it out of the Contingencies line item if the Court will so approve. COMMISSIONER NICHOLSON: Move to approve. MS. WILLIAMS: Need 138 bucks. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 6. Any question or discussion? COMMISSIONER BALDWIN: These are things -- vehicles that we have leased just this year? 9 29-06 85 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 MS. WILLIAMS: Yes, sir. They're the two new backhoes. DODGE TINLEY: Mm-hmm. MS. WILLIAMS: Loaders that we just got not too long ago. COMMISSIONER BALDWIN: When we talk about the tractor and the cost of it and all that, do we -- did he talk about insurance? JUDGE TINLEY: I think we knew there was a requirement that -- you've got the option of rolling -- letting the vendor or the lessor in this case procure the insurance, and then you pay them, or we can add it into our existing policy and they can pay the premium direct. I think experience has shown that it's cheaper for us to add it to our existing policy and pay that additional expense like we're doing here, rather than letting the vendor or the lessor roll it into their coverage and -- and we just include it as part of the -- part of the payment. COMMISSIONER LETZ: It's a lot cheaper. JUDGE TINLEY: Yeah. So, that's why we're here. COMMISSIONER BALDWIN: Good. Thank you. DODGE TINLEY: Any other question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) 4-24-06 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Budget Amendment Request Number 7. MS. WILLIAMS: Okay. This one involves the 216th District Court. We received a check from the State Comptroller reimbursing us for attorneys expenses on a capital j case. If you remember back a couple meetings ago, there was a I question about -- we were paying an attorney out of San Antonio $25,000 on a capital case. We recovered $6,550 of that 25,000, and the reason being is the State will only go back the current year and two previous years. His time went back a little farther, so they could only pay us from, like, I I believe September 1st of two years ago till now on his time sheet, and all we got was the 6,550. But I wanted to go ahead and, again, increase the revenue line item, and then put this money in Court-Appointed Attorneys in 216th so that we can pay some existing attorneys' timesheets that we have pending right now. COMMISSIONER BALDWIN: Second. COMMISSIONER LETZ: Second -- so moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 7. Any question or discussion? 9-z9-u~, 87 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: Just curiosity. We go to San Antonio to appoint a -- or we appointed a San Antonio attorney. Does that mean that attorneys in Kerr County aren't -- don't have the capability to handle capital cases? MS. WILLIAMS: I think this was on an appeal, and I believe that perhaps the State may have appointed him; I'm not sure. Not sure how the process works. JUDGE TINLEY: By way of explanation, Commissioner, the -- there is a separate eligibility for court appointments of capital cases, and they maintain a separate list. We have a number of lawyers here locally that are on that list. I don't know the particular case that Ms. Williams is talking about, but we've got three or four, or maybe even more than that, that are on the eligibility for capital case appointments here locally. Four? Okay. Any other question or discussion on the motion? All in favor, indicate by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Any other budget amendments? MS. WILLIAMS: No, sir, that's it. JUDGE TINLEY: Any late bills? MS. WILLIAMS: No, sir. 9-29-Ob 88 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 JUDGE TINLEY: I have before me the monthly reports as submitted by the Sheriff's Department, Justice of the Peace, Precinct Number 2, Justice of the Peace, Precinct Number 4, County Clerk Trust Fund, Justice of the Peace, Precinct Number 3, Justice of the Peace, Precinct Number 1, and the District Clerk. Do I hear a motion that these reports be approved as submitted? COMMISSIONER WILLIAMS: So moved. COMMISSIONER LETZ: Second. ~~ JUDGE TINLEY: 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. (No response.) JUDGE TINLEY: The motion does carry. Is there any member of the Court that has anything they wish to offer with respect to their committee or liaison assignments respective functions? COMMISSIONER WILLIAMS: Only one -- I'm sorry, Dave. COMMISSIONER NICHOLSON: Go ahead. COMMISSIONER WILLIAMS: There's a meeting coming up in Fredericksburg on Thursday, co-sponsorship by Alamo Resource and Conservation, U.S.D.A. and oil conservation ~-'z9-o6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L 1 22 23 29 25 89 people and one other agency, and the purpose of it is to advise elected public officials of funding opportunities for public events facilities. I confirmed attendance for Commissioner Letz and myself, and one or the other or both of That's good. I want to questions to John David Lipscomb, our chairman of the board -- of the Library Board, the questions that we raised in this Commissioners Court. And the first document that you see there is a copy of an e-mail that lists those six questions that were raised in Commissioners Court. And I don't -- I'm not suggesting we go over this item by item in detail; it's mostly for your information. I wanted to clarify a couple things. Second page is answers to those six questions prepared by the Library Director and provided to the members of the Library Board. I'll draw your attention to the Question Number 9, which would -- the question is, What would be the impact of charging library users who are not Kerrville residents for -- a fee for using the library? And the Library Director says, "I think Commissioner Nicholson meant users who are not Kerr County residents." And that's not what I meant. So, we had -- what we asked here is, if you charged a fee for 4-24 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 90 those Kerr County residents who were not residents of the City of Kerrville, what's the implications of that? So, coincidentally, I did at the same time get a document that would tend to provide the answers to that question; it's the third document there. Or it actually answers a couple questions. And I think Commissioner Letz was the one who said that we need to re-enroll. Do we have a real handle on how many patrons there are? And here's the answer to that question. And it would also provide information needed to know what it would take to -- to charge for library cards of Kerr County residents who are not city residents. We have some different numbers here. You can see there the active patrons, adult Kerr County, juvenile Kerr County, retired Kerr County. If you -- if you total those three categories and then divide that into, oh, some $460,000 or $470,000, which might be the amount of money we might be asked to pay for the next year, if every single one of them paid and got a new library card, it would be on the order of $135 per year apiece. Just a piece of information. I don't know what to do with that information. COMMISSIONER BALDWIN: Help me understand this. I think I understand what an active patron is. COMMISSIONER NICHOLSON: Yeah. COMMISSIONER BALDWIN: What is an expired patron? Is that a person that's no longer an active patron? 4 ? 9 0 6 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER NICHOLSON: Yes, Commissioner. And I think the definition is, if you haven't used your card in two years, then you're deemed not to be an active patron. That's my recollection. But it's a time period. COMMISSIONER LETZ: Do they -- and -- COMMISSIONER BALDWIN: Let me -- one more. So, if I were going to play with some numbers and do some ciphering here, I would really only use the Active Patron column. COMMISSIONER NICHOLSON: Yeah. COMMISSIONER LETZ: My question, I guess, is the -- when you enter the library, you only show your card if you're using the materials or something like that, correct? (Commissioner Nicholson nodded.) COMMISSIONER LETZ: There's no idea -- there's no -- I mean, you can use the library, and I'm sure many do, that are not members. COMMISSIONER NICHOLSON: I've done that. COMMISSIONER LETZ: And the -- COMMISSIONER NICHOLSON: Now, if you've got a transaction of some kind, your library card -- I looked at the library cards. They're bar-coded, so there is a way of recording and accumulating that transaction data. COMMISSIONER LETZ: Is there -- I mean, and I'm just recalling back to many years ago when I was in Houston as a child. It seems I had to show my library card to get into the 9 - : 4 U 6 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 library back then. I was wondering, is there a way -- I mean, they have -- you mentioned they had the bar code. Seems to me it would be a pretty simple task to just have a bar code machine. That way you could keep track of exactly who's using the library, and we get the -- and it would solve a lot of the uncertainty about who is using it and when they're using it and how much they're using it. COMMISSIONER NICHOLSON; I'm going to get the answer to that, and I don't know. I do know that we -- in addition to this data, we have what we call "gate count," and it may be they're doing exactly what you're saying, but -- I don't know if you go through a turnstile or what, but somehow or another, they -- I don't know the answer to that, 'cause I enter from the back way up the elevator. COMMISSIONER LETZ: My other comment would be, I guess I would question slightly Item 5, the second sentence, that there would be a substantial cost of labor and customer anxiety to reregister people. I don't know that I quite agree I that customer anxiety would happen. And from a budget standpoint, it's not a huge concern. I mean, I think we need to get a handle on who's using the library first, and if that means we reregister people, we should reregister people. COMMISSIONER NICHOLSON: Commissioner, the -- what I see in these answers and other indicators dealing with the library is that there's a very strong reluctance to change. ~-z~-ae 93 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: Question, Commissioner. If someone goes into the library and uses the computer, are they required to log in in some way with their library card, or do they just sit down and use it? COMMISSIONER NICHOLSON; I think they're -- MS. VAN WINKLE: You don't use a card; you just sign your name. The only time you use the card is if you take a book out. COMMISSIONER LETZ: So, nonmembers can use the ~ computers? MS. VAN WINKLE: Mm-hmm. There is a gate, and they may be able to count bodies as they go through. COMMISSIONER LETZ: Is it -- MS. VAN WINKLE: There's a little gateway. COMMISSIONER LETZ: Okay. COMMISSIONER NICHOLSON: If you're wondering -- I think some time ago, I said something about how libraries are changing; I used the term "internet cafe." And, by the way, some libraries are making deals with Starbucks and others and changing the way they do business. But if you're wondering whether or not the users of computers are doing literary i research, they're not, 'cause you can see what's on there; i it's e-mail, 'cause I walk through there and look over their shoulders. St's -- it's a service. It's a valuable service. I don't know if taxpayers ought to be underwriting it, but a-29 ob a - - - - 94 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 going to the library to use the Internet is -- is very attractive to a lot of people. COMMISSIONER LETZ: Sure. COMMISSIONER WILLIAMS: If I understand your -- this chart correctly, only about 25 percent of the utilization comes from outside the city limits; is that correct? Would that be a fair assumption? COMMISSIONER BALDWIN: How do you see that? COMMISSIONER WILLIAMS: I just totaled up the three categories, adult Kerrville, juvenile Kerrville, retired Kerrville, and I got a total of 12,427. And the total is 16,339; that tells me it's about 25 percent. Or, in the alternative, three-quarters of the percent of utilization comes from within the city limits. COMMISSIONER BALDWIN: So, "Adult Kerrville," that means inside the incorporated -- COMMISSIONER WILLIAMS: That would be my interpretation. I'm looking for somebody to tell me that's not correct. COMMISSIONER BALDWIN: I think that's a good question. And then you have the adult Kerr County. Is that outside the -- or does that include the city of Kerrville? COMMISSIONER LETZ: I would think it would be in the county, not the city. COMMISSIONER WILLIAMS: Mm-hmm. 4 ~4-u6 ~ i. 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 COMMISSIONER LETZ: Otherwise, they wouldn't break it out that way. COMMISSIONER NICHOLSON: That's true. COMMISSIONER WILLIAMS: That would be my assumption. COMMISSIONER BALDWIN: I don't know about that. COMMISSIONER LETZ: Well, I think you can clarify that, but I think it's useful information to -- even what we have here, and I appreciate the discussion we're continuing to have on this and appreciate your efforts in trying to get it, and the whole Library Board's. COMMISSIONER NICHOLSON: I think it will be helpful in our budgeting discussions. COMMISSIONER WILLIAMS: Mm-hmm. COMMISSIONER LETZ: Is that all you have? COMMISSIONER WILLIAMS: Thank you. COMMISSIONER LETZ: I want to talk a little bit about Airport Board. We received, Commissioner Williams and I, the first pass at the proposed airport budget. And Commissioner Williams had to leave due to illness, and he was not present for the discussion. It was very limited, so he didn't miss much. But what -- and the numbers, basically, from my standpoint, were thrown out, and said, "Go back to the drawing board, City of Kerrville." The issue that the airport has I think is very similar to what the library has, in that the -- it is very difficult for the City to divorce itself 9 - L 9 l ~ 96 1 2 3 4 5 6 7 8 9 10 11 12 ^- 13 19 15 16 17 18 19 20 21 22 23 "` 2 9 25 from its ownership feeling of the airport, even though they clearly understand that they don't own it; it's half -- it's 50-50. I think the same thing happens at the library, but I think the Airport Board has a little bit stronger position, and I think it will require the City to justify every penny that they put in their budget. Their first blush that they handed out at the meeting, there were some extremely out-of-line items. As an example, the one that just -- you know, the City's looking at -- they were billing the Airport Board for 12 hours per week of the City Attorney's time, 25 -- almost 25 percent of -- and it may not have been the City Attorney; maybe it's the assistant, but one of the two were being billed at that hourly rate, or hourly amount. I couldn't see it, and I asked them -- I said we wanted to see justification for how they came up with that, and Councilman Coleman agreed with me on that. And we basically threw it back to the City, and said -- City staff, and said any -- the top six categories that they have in their budget for man hours, we want to see a line-by-line breakdown at our next meeting, which will be in early May. So, anyway, it's just a -- I think it's just a difficult situation both the library and the airport are going under. And I think the airport is, like I said, at a point that it's going to get the information this year, and it's 4-'4-OG 97 1 2 3 4 5 6 7 8 9 10 11 12 --^ 13 14 15 16 17 18 19 20 21 22 23 '°' 2 9 25 going to be real information. There are -- we may have a -- a lengthy spring in budget hearings over at the airport, but the board will understand, I think, by the time we're done, and so will the City and the County, where every penny goes. And we're looking at -- Commissioner Williams and I have talked about it; we're really looking at a lot of these numbers, you know, to see whether they should even be billed to -- some of the -- the economic development number they had on there, I'm having a hard time wrapping my brain around why this Airport Board should be paying for economic development when the County is funding it and the City is funding that through KEDF. I know the City has their own economic development group, but I don't know that that -- you know, I'm still trying to wrestle with how all that ties together. So, I think the good news is, though, the members of the City Council on the Airport Board, and certainly the County and, I think, at-large members all are very interested in getting a very clear picture of the airport operation and the true budgetary impact to the County and the City. COMMISSIONER WILLIAMS: Want to talk about the terminal? COMMISSIONER LETZ: Oh, yeah. Go ahead. I'll let you go ahead and do that. Or do you want me to do that? COMMISSIONER WILLIAMS: Well, I was in that part of the discussion before I lost my voice and my brain and took 4-'_4 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 98 leave of the meeting. There was an item to amend the -- to Commissioner Letz and I saw this project, it was $300,000-plus underfunded. So, using the Judge's word, one with reasonable sensibilities would ask the question, where did the $300,000 come from? And we were told that there were funds remaining in other airport and capital improvement projects that TexDOT had funded on a 90/10 basis in the past, and that all that was required to use those funds was a budget amendment. So, that clarified which budget, because we weren't told which budget. So, it turns it to be the terminal budget, And a lot of questions ensued about where those dollars were, and how did we get the authority to use those dollars? We were assured by staff and staff's immediate executive in charge, which would be the City Manager, that budget amendments of this type and effect are not uncommon. What would you like to add, Commissioner? COMMISSIONER LETZ: Only thing I want to add to that Construction. The bid was still $300,000 short of what the And TexDOT agreed to go -- as Commissioner Williams said, go back and use unexpended funds from other projects at the ~-z9 ot~ 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 airport and apply those funds to the terminal project, which they had told Commissioner Williams and I they wouldn't do previously, but they agreed to do that. We did ask the question, what happened -- I mean, are these funds that come back to the City and the County if we don't -- if we choose not to do this? And the answer was, no, they don't. They have to be expended at the airport. They're not dollars -- COMMISSIONER BALDWIN: So, the 10 percent match is City/County. COMMISSIONER LETZ: Right. COMMISSIONER WILLIAMS: It's in place. COMMISSIONER LETZ: Part of it came from the fencing project we did several years ago, and I think a large portion of that project came in under bid or under project. COMMISSIONER BALDWIN: Mm-hmm. The apron project. COMMISSIONER LETZ: And the apron project did. So these unused portions of that fund were -- the grant funds will then be applied to this new project, and they -- there was not an option for the City or County to take the funds out in cash or anything. They had to be used on an airport project. COMMISSIONER BALDWIN: And, so, in -- with that, in that thinking right there, there was over $300,000 laying around? COMMISSIONER LETZ: Yes. 9-24-06 100 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Good way to put it. COMMISSIONER LETZ: The good news -- COMMISSIONER BALDWIN: Doesn't that sound like a lot of money? COMMISSIONER LETZ: It is a lot of money, in my mind. But the very good news is -- a couple. One is that it's a positive thing; terminal's going up, which is very good for Kerrville airport and everybody else. The other thing is that it shows a lot of work and imaginative thinking by TexDOT Aviation, and we -- the Kerrville airport has been the recipient of a lot of funds, huge grants in recent years, and this is kind of -- kind of goes onto TexDOT Aviation is somewhat taking Kerrville airport under its wing and is doing everything I think it can to push grants our way. 'Cause, I mean, the whole thing was very -- is very good. I think there's -- you might have little bit of a -- COMMISSIONER WILLIAMS: Surprise. COMMISSIONER LETZ: -- surprise, as Commissioner Williams said, and I think the surprise goes in that the Airport Board was left out of the loop in all of this. COMMISSIONER WILLIAMS: It is positive. It is positive, and I don't want to reflect any negative connotation to it, because we will get the terminal built. And TexDOT has -- has seen fit to pour a lot of its capital improvement moneys and grant moneys and all that kind of funds that they 4-29 06 101 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 have into this airport, and that's very, very wonderful. there is a formal terminology for this, but highway intrusion into landing -- into the landing strip air space. And Highway 27 does, in fact, intrude into this particular air space that they have -- delineate as bare minimums in two locations, and if you drive it as often as Commissioner Letz and I do, you'll know exactly where those two spots are. And the question is, what do you do about that? It could rock along the way it is and nothing happen, and the taxiways will continue to be improved, but that would -- that would not allow us to do an instrument landing system at a later date because of these highway intrusions. And the F.A.A. has not granted us a waiver for these two highway intrusions. COMMISSIONER LETZ: And will not. COMMISSIONER WILLIAMS: And has said they will not means you either move the runway or you move the highway, either of which is a very, very costly, costly project. COMMISSIONER NICHOLSON: Yeah. COMMISSIONER WILLIAMS: The last time I had any level, there was no inclination in their immediate future to e-z9-ob 102 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 moving that highway at their expense. Now, they'll consider anything if you want to fund it, but they're not too sanguine I about doing it. COMMISSIONER BALDWIN; Are there other holdups other We could continue to -- and this is a question that Commissioner Letz and I have asked and will continue to ask. Air traffic can continue to move up and down the way it does right now, unimpeded because of this refusal to grant this waiver. Instrument landing becomes an issue, but also, there is other technology out there, the geo-positioning type technology which very soon, within the next four or five years, could replace instrument landing as we know and love it. So, I -- you know, I think we have a lot of brainstorming to do about this issue, but you need to know about it. It's an issue that has to be resolved. COMMISSIONER LETZ; It's real important. Under current technology, it halts the instrument landing system -- I.L.S. system we're trying to get. There are other options. There's options that they're -- I mean, there's -- you know, it's -- the road does run parallel to the runway; it runs at an angle to the runway, and it angles closer and closer as you get to Center Point. There's a couple of things that can be done. You can shift -- there's a problem at that end, and also a problem at the Kerrville end. You can shift the 4-L4-OE 103 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 landing zone down the runway a little bit and you can solve the problem in near Kerrville where there's -- Central Freight around. That can be solved by shifting where you land on the runway coming from that direction. The other end is a little bit harder, 'cause there you have to either shift -- pivot the runway or pivot the highway; one of the two have to get moved further apart. But there are other things that we can look at, and there's other -- and there's ways to fund it, possibly. Dr. Davis let us know that the same situation occurred at Ruidoso airport, and he flies out there a fair amount, and he inquired as to how they were able to solve the problem, and it was solved through a line item in the federal budget. That's how -- the dollars we're talking to move the highway is about 10 million; probably to move the runway, about the same, so we're probably talking about a bunch of money on this thing to get it done. And it's the type of items that other airports, when they do get them solved, are basically going into the federal budget through our congressional representation and getting a line item that this needs to be done, and it's funded that way. That's really the only chance to get it funded under the current I.L.S. system. COMMISSIONER BALDWIN: We would call it pork. COMMISSIONER WILLIAMS: I think they're "earmarks." ~-z9-ue 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2L 23 24 25 Congressional earmarks. COMMISSIONER BALDWIN: Earmarks. They call it pork in some other -- COMMISSIONER LETZ: No, it's national security I issues. COMMISSIONER BALDWIN: I see. COMMISSIONER WILLIAMS: A lot of ways to examine it. COMMISSIONER LETZ: Lots of things there are being looked at. COMMISSIONER NICHOLSON: Your comments about -- issue about the Airport Board being out of the loop on some of the decision-making process reminded me of a conversation that we had about a year and a half, two years ago, a couple of City Managers ago, where we were acknowledging that, unlike some boards, the Airport Board has some pretty clear and direct management responsibility. And I think we may have had a consensus that it would be good if the Airport Manager reported to the Airport Board, and I personally believe that would be a step-rate improvement. And then not long ago, I see where the Airport Manager has been pushed further down in the Kerrville organization. Not only does he not -- now not report to the City Manager, but he reports to a level of management below that. I really think it would -- that we could do a lot better job of managing our airport if that Airport Manager reported to the Airport Board. 4-'_4-06 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: That will probably come up at budget time, COMMISSIONER NICHOLSON: I hope so. COMMISSIONER LETZ: And there's some way it's -- I think it can be handled. And it is -- I would suspect, anyway, that with his insurance and benefits and that type of package, it has to do with interlocal agreement -- COMMISSIONER NICHOLSON: Yeah. COMMISSIONER LETZ: -- with the City or the County. Anyway, we're looking at making progress, bottom line on that. And they also -- the good news is that the -- it's just a -- it's working through the municipal system of City staff. We have, it appears to me, full support from the two City Councilmen to try to -- that entered in this agreement with us. It's not like they're saying, "No, no, no," and trying to protect the City staff. And they're not doing anything wrong; they're just not used to operating in this manner. COMMISSIONER WILLIAMS: Just -- the final note I have is that it was Huser Construction of Kerrville was the low bidder. JUDGE TINLEY: And the Airport Board did, in fact, award that? COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: Okay. COMMISSIONER LETZ: It's basically awarded by 9-z9 of 106 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 ]8 19 20 21 22 23 24 25 TexDOT; we just nod our heads and agree. COMMISSIONER WILLIAMS: Yeah, TexDOT actually does I it. JUDGE TINLEY: Do we have any other -- before we move on, it was my understanding, because of the new technology that's coming on stream, that the F.A.A. had at some point declared a moratorium on new I.L.S. systems being installed. COMMISSIONER WILLIAMS: They declared the moratorium on -- they have taken the position not to fund them. They used to be involved in the funding mechanism to some extent. They no longer will provide direct funding for I.L.S. I don't know about geo-positioning. COMMISSIONER LETZ: I believe on the others, the i geo-positioning system and some of the other systems coming online, they have not -- you have to be specifically cited as approved, and I think 35 have been approved up till now to try as test cases. I think the direction is that the idea -- or the thought of people I've talked to in the industry is that more airports will be, and they're going that direction to make that the -- the format. But right now, they're just -- it's not -- anything other than I.L.S. is not approved without an exception or some kind of a test designation. JUDGE TINLEY: Is it realistic for us to think that, without some F.A.A. or other federal funding for an I.L.S. 4-24-Oo 107 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 system, that we could go forward, even with an I.L.S. system? COMMISSIONER WILLIAMS: I don't think we can go forward with the road -- JUDGE TINLEY: Let's leave that out of it. I'm just talking about the cost. COMMISSIONER LETZ: There's -- we've -- actually, we have been able to do -- about half of it's already paid for. The only components of the I.L.S. that we don't have now is the guide slope -- glide slope, which is a -- that's, like, 400-some thousand. And it is -- I think if the road issue is resolved, that can probably be overcome. There's -- JUDGE TINLEY: With federal funding? COMMISSIONER LETZ: There's a match -- or, yes. JUDGE TINLEY: Any other member of the Court have anything to offer in connection with their liaison or committee assignments? Any elected officials have any reports they wish to give the Court today? Any other reports? At this time, I'm going to recess the Commissioners Court meeting, and I will convene a meeting of the Kerr County Juvenile Facility Soard of Trustees posted for Monday, April the 24th, 2006, at 11 a.m. It's past that time now. We were delayed because of Commissioners Court business. (The Commissioners Court meeting was recessed at 11:41 a.m., and a Kerr County Juvenile Facility Board of Trustees meeting was held, the transcript of which is contained in a separate document.) a-29-o6 1 w..~ L 3 9 5 6 7 8 9 10 ]1 12 •-- 13 14 15 16 17 18 19 20 21 22 23 24 25 108 (The Kerr County Juvenile Facility Board of Trustees meeting was concluded at 11:55 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE TINLEY: I will reconvene the Kerr County Commissioners Court agenda, and let's come to Item 15, the last item on our agenda. Consider, discuss, and take I appropriate action to modify or change the status of Kerr County Juvenile Facility from a facility operated pursuant to Chapter 63, Human Resources Code, to a status which is appropriate for a short-term preadjudication juvenile detention facility. I put this on the agenda because there was recently a change in the nature of use of the detention facility. It had previously been a long-term post- and a short-term preadjudication facility, and last year, while it was being used for that purpose, the Court adopted an order to operate it pursuant to Chapter 63 of the Human Resources Code, which provides for the ownership, establishment, operation, and staffing of a long-term residential facility. And as I see it, with the change in the type of operation we've got out here, it's no longer a long-term residential facility, but rather a short-term. And what status would be appropriate, I'm not sure, but it appears that the status of the long-term under Chapter 63 of the Human Resources Code is not appropriate. And I think the County Attorney has some thoughts or ideas on this issue. 9-29-u6 109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. EMERSON: Yes, sir. The status actually requires a one-digit change; y'all need to move from 63 to 62, everybody a copy of the statute this morning. Under 62.001, it states that any county may establish detention homes. And "detention homes," while it doesn't say exactly preadjudicated facilities, has been interpreted by T.J.P.C. to include, pursuant to the Family Code, secure juvenile preadjudication detention facilities. And, so, if you move from Chapter 63 to II Chapter 62, that'll alleviate the problem. Practically speaking, it means that you -- technically, you don't need your trustee status any more„ either. It also means that Commissioners Court can make direct decisions about the facility without moving into an additional status. COMMISSIONER LETZ: How do we do that second point? Do you -- how do the trustees eliminate themselves? Not permanently; just from being trustees. MR. EMERSON: I think Commissioners Court itself can take care of that, because Commissioners Court established the trustees to start with. COMMISSIONER LETZ: We'll need a separate agenda item to specifically do that, I presume? MR. EMERSON: Yes, sir. COMMISSIONER WILLIAMS: A separate agenda item at a subsequent date? Or can it be addressed today under the 9=a-oe 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 current -- under the styling of the current agenda item? MR. EMERSON: I don't have the styling in front of me, I'm sorry. But -- COMMISSIONER WILLIAMS: It says change the status from a facility operated under 63 to a status which is appropriate. MR. EMERSON: Yeah, I think -- DODGE TINLEY: It seems like we've got both ends covered. MR. EMERSON: I believe so. ! COMMISSIONER WILLIAMS: All it requires is a motion ! to discontinue operating the Juvenile Detention Facility under Chapter 63 of the Human Recourses Code and establish as a Commissioners Court that we are going to continue the operation under Chapter 62-point whatever -- 001? Is that correct? MR. EMERSON: Yes, sir. COMMISSIONER WILLIAMS: So moved. COMMISSIONER NICHOLSON: Second. ! DODGE TINLEY: Motion made and seconded to discontinue the operation of the Kerr County Juvenile Facility under Chapter 63 of the Human Resources Code, and to change it to an operation under Commissioners Court under Chapter 62 of the Human Resources Code. Does that correctly state your motion? e-za-oE 111 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 COMMISSIONER WILLIAMS: I believe so. If the County Attorney's happy, I'm happy. MR. EMERSON: Yes, sir. JUDGE TINLEY: Okay, I have a motion and second. Any question or discussion? COMMISSIONER LETZ: And that includes 62.001 and 62.002, the way I heard that motion. COMMISSIONER WILLIAMS: It would be the entire chapter, would it not, Mr. County Attorney? '. MR. EMERSON: Yes, sir. COMMISSIONER LETZ: Now, the other question I have is that the -- if there was a reason or something came up to use it as a postadjudicated facility in the future, we would just go back and change it back to a 63 and a 62, maybe, or something like that, and then do -- set up the trustees if necessary again? MR. EMERSON: Correct. COMMISSIONER LETZ: All right. JUDGE TINLEY: Any other 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. 4-z9 oh 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: This could turn into our new burn ban. COMMISSIONER WILLIAMS: It's on and it's off. JUDGE TINLEY: Any member of the Court have anything further to offer on the agenda for today? We'll stand adjourned. (Commissioners Court adjourned at 12:00 p.m.) STATE OF TEXAS COUNTY OF KERR The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 27th day of April, 2006. JANNETT PIEPER, Kerr County Clerk BY: __ ________ _ Kathy ik, Deputy County Clerk Certified Shorthand Reporter 4-29-U6 ORDER NO. 29643 RESCIND COMMISSIONERS' COURT ORDER #29624 REGARDING KERR COUNTY JUVENILE DETENTION CENTER Came to be heard this the 24th 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 rescinding Commissioners' Court Order #29624 regarding the Kerr County Juvenile Detention Center. ..., ORDER NO. 29644 INTERLOCAL AGREEMENT BETWEEN UPPER GUADALUPE RIVER AUTHORITY AND KERR COUNTY FOR PRELIMINTARY PLANNING AND ENGINEERING FOR CENTER POINT WASTEWATER COLLECTION PROJECT Came to be heard this the 24th day of April, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 to: Approve the Interlocal Agreement between Upper Guadalupe River Authority (UGRA) and Kerr County that provides match funding required .., by the Texas Water Development Board (TWDB) Contract for Preliminary Planning and Engineering for the Center Point Wastewater Collection Project. ORDER NO. 29645 DISPLAY AT KERB COUNTY COURTHOUSE FLAGS OF ALL NATIONS PARTICIPATING IN WORLD CUP SHOOTING EVENT Came to be heard this the 24th 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 display at the Kerr County Courthouse the flags of all Nations participating in the World Cup Shooting Event in Kerr County from May 4, 2006 through May 11, 2006, with the American Flag and the Texas Flag to fly on the flag pole, where they are displayed daily. ORDER NO.29646 APPLY FOR MEMBERSHIP IN THE "TEXAS YES" PROGRAM Came to be heard this the 24th 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: Approve the Court applying to participate in the Texas Yes Program administered by the Texas Agricultural Department and with the understanding Mr. Miller will fill out the paperwork. ORDER NO. 29647 APPROVE THE REVISION OF PLAT OF KERRVILLE SOUTH RANCHES II, LOT 51, PCT. 1 Came to be heard this the 24th day of April, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Approve the Revision of Plat of Kerrville South Ranches II, Lot 51, Pct 1, and grant a variance on the frontage issue on Lot S 1 B. .._ ORDER NO. 29648 REQUEST TEXAS DEPARTMENT OF TRANSPORTATION TO CONSIDER LOWERING SPEED LIMIT ON SH 27 IN VICINITY OF KERRVILLE-KERB COUNTY MUNICIPAL AIRPORT TO 55 MPH Came to be heard this the 24th 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: Move that the Court express support for the reduction of the speed limit on Highway 27 from Kerrville-Kerr County Municipal Airport all the way to Center Point, or where it reduces prior to getting to Center Point, to 55--to ~.,_ the posted speed limit of 55 miles an hour, and authorize County Judge to sign, or write, that letter. ORDER NO. 29649 APPOINTMENT OF STEVE KING TO THE KERRVILLE/KERR COUNTY JOINT AIRPORT BOARD Came to be heard this the 24th day of April, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson/Williams. The Court unanimously approved by vote of 4-0-0 to: Approve the appointment of Steve King to the Kerrville/Kerr County Joint Airport Board. ORDER NO. 29650 CLAIMS AND ACCOUNTS Came to be heard this the 24th day of April, 2006, came to be considered by the Court various Commissioners Precincts, which said Claims and Accounts are: Accounts Expense 10-General $ 130,045.59 14-Fire Protection $ 7,891.00 15-Road & Bridge $ 34,982.81 18-County Law Library $ 4,288.28 50-Indigent Health Care $ 93,157.96 76-Juvenile Detention Facility $ 14,987.02 TOTAL $ 285,352.66 Upon motion made by Commissioner Williams, seconded by Commissioner LetzBaldwin, the Court unanimously approved by vote of 4-0-0 to pay the claims and accounts. ORDER NO. 29651 BUDGET AMENDMENT INDIGENT HEALTH CARE Came to be heard this the 24th day of April, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 50-641-486 Third Party Administration 50-641-200 Eligible Expenses Amendment Increase/QDecrease + $2,119.57 - ($2,119.57) ORDER NO.29652 BUDGET AMENDMENT JUVENILE DETENTION Came to be heard this the 24th day of April, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 76-572-333 Resident Medical Expense 76-572-480 Marketing 76-572-109 Contract Services Amendment Increase/()Decrease + $2,547.04 - ($2,408.28) - ($138.76) ORDER NO.29653 BUDGET AMENDMENT DETENTION MAINTENANCE JUVENILE DETENTION Came to be heard this the 24th day of April, 2006, with a motion made by Commissioner Letz, seconded by Commissioners Baldwin, 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 Amendment Increase/QDecrease + $1,627.12 76-572-334 Resident Supplies - ($1,627.12) ORDER NO. 29654 BUDGET AMENDMENT DETENTION FACILITY MAINTENANCE Came to be heard this the 24th day of April, 2006, with a motion made by Commissioner Williams, seconded by Commissioners Nicholson, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-515-451 Detention Repairs 76-572-104 Detention Officers Amendment Increase/QDecrease - ($5,249.72) *-Total of current invoices held in Auditor's office pending payment. ORDER NO. 29655 BUDGET AMENDMENT GENERAL FUND REVENUES SHERIFF'S DEPARTMENT Came to be heard this the 24th day of April, 2006, with a motion made by Commissioner Letz, seconded by Commissioners Baldwin, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-370-300 Various Refunds 10-560-454 Vehicle Repairs/Maint. Amendment Increase/()Decrease + $1,248.40` + $1,248.40` *-To recognize funds received from Texas Farm Bureau for accident claim on 04/04/06. ORDER NO. 29656 BUDGET AMENDMENT ROAD & BRIDGE Came to be heard this the 24th day of April, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioners Letz, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 15-611-480 Insurance -Vehicles 15-611-599 Contingencies Amendment Increase/()Decrease + $138.00 - ($138.00) ORDER NO.29657 BUDGET AMENDMENT GENERAL FUND REVENUES 216TH DISTRICT COURT Came to be heard this the 24th day of April, 2006, with a motion made by Commissioner Letz, seconded by Commissioners Baldwin, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-370-300 Various Refunds 10-435-402 Court Appointed Attorneys Amendment Increase/QDecrease + $6,550.00"' + $6,550.00' *-To recognize reimbursement received from State Comptroller on capital case attorney expense. ORDER NO. 29658 MONTHLY REPORTS 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 the following monthly reports: Sheriff s Department JP #2 JP #4 County Clerk -Trust Fund JP #3 JP # 1 District Clerk ORDER NO. 29659 MODIFY OR CHANGE STATUS OF KERR COUNTY JUVENILE FACILITY Came to be heard this the 24th day of April, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 to: Discontinue operation of the Kerr County Juvenile Detention Facility under Chapter 63 of the Human Resources Code and change to an operation under Commissioners' Court under Chapter 62 of the Human Resources Code.