1 2 3 4 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 Regular Session Monday, July 9, 2007 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas PRESENT: PAT TINLEY, Kerr County Judge H A."BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 BRUCE OEHLER, Commissioner Pct. 4 r 0 O r 2 1 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 July 9, 2007 --- Commissioners' Comments 1.1 Consider/discuss, take appropriate action to approve appointment of election judges and alternates for term of one year 1.2 Consider/discuss, take appropriate action approving and/or consolidating of polling locations 1.3 Consider/discuss, take appropriate action to direct payment of salary of the County Auditor and record actions of District Judges 1.4 Consider/discuss, take appropriate action concerning use of Road and Bridge surplus funds from items sold on eBay 1.5 Consider/discuss conceptual layout of project titled Champee Springs Estates, Precinct 3 1.6 Consider/discuss, take appropriate action for final plat of Alcorta Acres, Precinct 2 1.7 Consider/discuss, take appropriate action concerning concept plan and setting public hearing for revisions of plat, Lot 1 of The Homestead @ Turtle Creek 1.8 Consider/discuss, take appropriate action for concept of revision of plat for Lots 50 & 51 of Highlands Ranch and set public hearing for same 1.9 Consider/discuss, take appropriate action for revision of plat for Falling Water, Lots 130, 130A & 127R 1.10 Consider/discuss, take appropriate action to adopt a policy for adding items to Kerr County website to inform employees of non-official information 1.11 Consider/discuss, take appropriate action on new policy regarding payroll direct deposit 1.12 Consider/discuss, take appropriate action to modify plat filing requirements for Kerr County Subdivision Rules and Regulations PAGE 7 8 9 12 17 32 36 39 43 44 45 46 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) July 9, 2007 PAGE 1.13 Consider/discuss, take appropriate action to declare a limited number of horse stalls as surplus & sell them to 4-H Horse Club for $250 each -- 1.14 Consider/discuss, take appropriate action to authorize County Auditor to perform annual audit of ESD #1 and ESD #2 53 1.15 Consider/discuss, take appropriate action to adopt new policy and fee schedule for Kerr County Y.E.C. (Ag Barn) & rescind all previous orders -- 1.16 Consider/discuss, take appropriate action to set public meeting for purposes of presenting final draft of Feasibility Analysis for wastewater services for Center Point and eastern Kerr County 54 1.18 Consider/discuss, take appropriate action to set a public hearing regarding Kerr County's possible participation in 2008 Texas CDBG program for colonia planning in Center Point on July 12, 2007, at 5 p.m. 56 1.19 Consider/discuss, take appropriate action to appoint Janet Moseley to Library Board 1.20 Consider/discuss, take appropriate action to request unclaimed capital credits received from Electric Cooperative from Texas Comptroller of Public Accounts, authorize County Judge to prepare letter of request 1.17 Consider/discuss, take appropriate action to approve letter of intent with Kendall County W.C. & I.D. No. 1 to negotiate intergovernmental agreement to accept wastewater flows from proposed Center Point/Eastern Kerr County Sewer Collection/ Transmission System & provide wastewater treatment services and other related matters 14.1 Pay Bills 4.2 Budget Amendments 4.3 Late Bills 4.4 Approve and Accept Monthly Reports 5.1 Reports from Commissioners/Liaison Committee Assignments --- Adjourned 58 60 60 66 67 76 76 82 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On Monday, July 9, 2007, at 9:00 a.m., a regular meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE TINLEY: Good morning, ladies and gentlemen. Let me call to order this regularly scheduled meeting of the Kerr County Commissioners Court, having been scheduled and posted for this time and date, Monday, July the 9th, 2007, at 9 a.m. It's just past that time now. Commissioner Baldwin? COMMISSIONER BALDWIN: Yes, sir. Would you please stand, have a word of prayer with me, and join me in the pledge of allegiance. (Prayer and pledge of allegiance.) JUDGE TINLEY: Thank you. At this time, if there's any member of the audience or the public that wishes to be heard on any matter that is not a listed agenda item, feel free to come forward at this time and tell us what's on your mind. If you wish to be heard on any one of the agenda items, we would ask that you fill out a participation form. They can be found at the back of the room. That will give me a heads-up on the fact that there are folks that wish to be heard on that. If, for some reason, you don't fill out a participation form and do want to be heard on a particular agenda item, if you'll get my attention in some manner when we 7-9-07 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 get to that item, I'll see that you're given the opportunity to be heard. But right now, if there's anybody that wishes to be heard on any matter that is not a listed agenda item, feel free to come forward at this time and tell us what's on your mind. Seeing no one coming forward, we'll move on. Commissioner Baldwin, what do you have for us? COMMISSIONER BALDWIN: Not much, Judge. I just wanted to -- wanted to say what a great community we have. You know, dealing with my own personal little issue going on right now, old friends that I haven't seen in years have come out of the woodwork, and it's just a neat thing to see, neat thing to experience. We're getting -- I'm getting support statewide now, so I think I'm running for governor out of this deal. (Laughter.) AUDIENCE: You might as well. COMMISSIONER BALDWIN: Might as well. That's about it. I just thought I'd throw -- you know, that's my test balloon. Thank you for having me here today. JUDGE TINLEY: Thank you. Commissioner Williams? COMMISSIONER WILLIAMS: A week ago, the rain broke and we had the Republican golf tournament, and one of the things we gave the golfers was these pad -- padfolios, and there were a few of them left over, and I thought you gentlemen might find one of these useful. COMMISSIONER BALDWIN: Bill, I have to question your 7-9-07 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 gift-giving. Is there any public money involved in this? COMMISSIONER WILLIAMS: Not a penny. (Laughter.) Not one cent. COMMISSIONER BALDWIN: Is there private money involved in it? JUDGE TINLEY: Excellent inquiry, Commissioner Baldwin. COMMISSIONER BALDWIN: Thank you. JUDGE TINLEY: Anything else, Commissioner? COMMISSIONER WILLIAMS: No, sir. JUDGE TINLEY: Commissioner Letz? COMMISSIONER LETZ: Last week we had a good 4th of July celebration in Comfort. Parade went -- kicked off fine. Rain parted for that, and then a good barbecue followed, following the parade. Other than that, not much going on, just a lot of rain. Got another inch last night, or night before last, kind of which was -- I thought the forecast said the rain was over, so maybe it's over today. That's it. JUDGE TINLEY: Commissioner Oehler? COMMISSIONER OEHLER: I don't really have much. I was -- I talked to Billy Snow a while ago, and he informed me that on August 11th this year, they're going to have a 4-H Horse Club banquet, and any of us that would like to attend, we are invited to go. So, other than that, that's about it. JUDGE TINLEY: Thank you. Let's get on with our 7-9-07 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 agenda and see if we can get through it on a reasonably expeditious basis. First item on the agenda is to consider, discuss, and take appropriate action to approve the appointment of election judges and alternates for the term of one year in accordance with the Texas Election Code, Section 32. MS. PIEPER: Gentlemen, we're starting to gear up for the Constitutional Amendment election in November, and this is just one of the requirements that we're required to do. Both county chairs have submitted their appointments to y`all for approval. COMMISSIONER LETZ: I move approval. COMMISSIONER BALDWIN: Second. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Is there any question or discussion? Mr. Evans, I believe you had filed a participation form as to this item. Feel free to come to the podium, give us your name and address, and tell us what you have on your mind. MR. EVANS: Maury Evans for the Kerr County Democrats. I'm just here in case there were any questions on this item. JUDGE TINLEY: We appreciate your participation. Thank you, sir. Any questions for Mr. Evans? COMMISSIONER BALDWIN: No, sir. 7-9-07 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Any other questions or comments? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. We`ll move to Item 2; consider, discuss, and take appropriate action approving and/or consolidating of polling locations in accordance with Chapter 43 of the Texas Election Code. MS. PIEPER: Gentlemen, this is just another one of the requirements that we need to take care of, and I would ask that instead of using all 20 locations, that we consolidate to four like we did the last Constitutional Amendment election. And by doing this, we're going to be saving some money. COMMISSIONER WILLIAMS: I have a question with respect to your e-mail you sent me last week sometime. MS. PIEPER: Yes? COMMISSIONER WILLIAMS: Where you'd identified Precinct 2 on a consolidated basis as the American Legion Hall in Center Point. I don't recall it being -- I thought it was the Union Church. MS. PIEPER: You're correct on that. It was the Union Church. COMMISSIONER WILLIAMS: Okay, thank you. COMMISSIONER LETZ: What were the ones we 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 consolidated to last time, if you can -- MS. PIEPER: River Hills Mall, the Union Church, courthouse, and Ingram Presbyterian Church. COMMISSIONER WILLIAMS: Move approval. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded as indicated. I assume that Precinct 2 is Union Church? COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: Okay. Mr. Evans, do you have any questions or comments you'd like to raise with regard to this particular item? MR. EVANS: Just that I support consolidating into four precincts. I think it would save a lot of money. JUDGE TINLEY: I agree with you, sir. Any further questions or comments? All in favor of the motion, signify by '' raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Thank you, Ms. Pieper. MS. PIEPER: Thank you. JUDGE TINLEY: Let's move to item 3. Consider, discuss, and take appropriate action to direct payment of the salary of the County Auditor and record the actions of the 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 District Judges and in accordance with Vernon's Texas Civil Statutes, Texas Local Government Code Section 84.003. This matter shows to be placed on the agenda by the District Clerk, Ms. Uecker. I believe there was also involvement by the County Attorney, and possibly also our County Auditor -- outgoing County Auditor, shall I say, Mr. Tommy Tomlinson. Probably be a good idea to bring somebody forward, Mr. Tomlinson, and let us know who we got here, let everybody take a look at her. MR. TOMLINSON: Well, it's my privilege to introduce to the Court and to the public Jeannie Hargis. I think some of you have already had an opportunity to be -- be involved with her activities at the city, so I think that -- that this lady will do -- will do us an outstanding job, and I think that the District Judges feel the same way. So, I just -- just make her feel at home, and we're trying to put her to work today. COMMISSIONER WILLIAMS: We'll put her to work, Mr. Tomlinson. (Laughter.) I just want to say that my experience on the Airport Board -- and I know Commissioner Letz serves there with me. My experience in working with Ms. Hargis has been just absolutely excellent. Anything we needed done or any information we needed for her to provide, she willingly did it, and did it as quickly as humanly possible to do, and I thank you for that. I look forward to 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 your service here to Kerr County. MS. HARGIS: Thank you. I -- COMMISSIONER LETZ: I'll make a motion that we direct payment of salary of the County Auditor and record the act of the District Judges per the attached Second-Amended Order Appointing County Auditor. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded as indicated. Any questions or discussion? COMMISSIONER BALDWIN: I have a question. Serve a two-year term ending in 2009, and then they do a new one of these? MR. TOMLINSON: Yes. COMMISSIONER BALDWIN: Is that what happened -- what happens? MR. TOMLINSON: That's correct. COMMISSIONER BALDWIN: This is the first one I've ever seen, but -- I think. MR. TOMLINSON: We -- her bond will be ready this afternoon, so we plan to pick it up and get it to the District Clerk maybe -- maybe today. And so, at that time, she can -- you know, they can -- we can do the oath and she'll be ready. JUDGE TINLEY: Any other questions or comments? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Welcome aboard to the team, Ms. Hargis. MS. HARGIS: Thank you. I'm excited and very honored to work with all of you. Thank you. JUDGE TINLEY: We're proud to have you. Thank you. Let's move to Item 4, if we might. Consider, discuss, and take appropriate action concerning use of Road and Bridge surplus funds from items sold on eBay. MR. ODOM: Yes, sir. Enclosed is a copy of the Road and Bridge surplus items we've sold on eBay and the amounts for which they sold. We would like for you to consider using some of the funds for the following two items: Purchase of a FEMA surplus mobile home for the Ingram yard office. There have been numerous times -- nights this year when Road and Bridge crews have been called out to check crossings for high water and/or ice on roads, especially in Precinct 4. Since we do not close the roads until they are impassable, these men may be out all night to keep checking the water levels and ice accumulations. In Ingram yard there is no decent place for them to get out of the rain and/or cold or rest or go to the bathroom or eat. Texas Procurement in San Antonio currently has mobile homes that were purchased for the Katrina disaster, and they are being offered to government entities at very low 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 prices. The enclosed photos show the one that we would like to purchase. It is 14 by 64, and is simply outfitted with vinyl floors and an open concept. It is handicap-accessible with 36-inch doors, and can easily be equipped as an office. It has central air and heat, refrigerator, range and microwave, and furniture. By placing this mobile home in the Ingram yard, we can better serve the citizens in western Kerr County and have a clean and safe environment for the Road and Bridge employees. We ask that you allow us to purchase this mobile home with $8,000 from the surplus funds. And I believe that that is an '06 trailer, I think, off the top of my head. Number two that we request is make note on the zipper. We have a three-year note on this piece of equipment. First payment was made in October of '06. We have another payment October of '07. We ask that you allow us to use $28,987.89 of these funds to make a third and final note on this piece of equipment. In other words, if we pay it now -- prepay this with this $28,000, come October, I have sunset that one year ahead of time, and I think that would be appropriate use for this. I believe that also -- I did not say, but I think that this is $47,781.95 cents that we have collected so far on this old equipment, we still have some more that possibly will be sold, so we have -- we will have funds left over to go back in reserves. But I think this is 7-9-07 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 the best use of our -- of our money to buy this mobile home that our people can use. It is very cheap, and is an opportunity that'll pass us by if we don't -- it's not going to wait. And the zipper is self-explanatory; that's good business. JUDGE TINLEY: Mr. Odom, what about the transportation/setup of this modular unit? MR. ODOM: I believe that we should be able to take our service truck and be able to pull it down here with that. We feel like we don't have to hire anybody to do it. We can do it ourselves. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: Where's it located? San I Antonio? MR. ODOM: San Antonio, Ackerman Road. COMMISSIONER LETZ: First, I mean, I compliment y'all for deciding -- or figuring out to use eBay. We did really, really well -- MR. ODOM: Really well. COMMISSIONER LETZ: -- with that surplus. I can't imagine that all that stuff combined would bring more than $5,000, much less $47,000. I might be a little bit leery of having you transport that. It`s kind of a specialized -- you know, 64-foot, I'm sure your people are qualified and can do it, but it's not that expensive usually to hire a transport 7-9-07 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 company that that's their business, and they have the little trucks that go front and back. You might be able to get part of it. MR. ODOM: Surely. COMMISSIONER LETZ: I just -- that seems like a little bit of a liability issue, transporting a mobile home out of San Antonio, when we're not used to doing that. MR. ODOM: We are used to pulling a low-bed trailer, so -- COMMISSIONER LETZ: Right. But -- MR. ODOM: With equipment on it. However, we can afford to do that. I have contingencies. We -- our fund's still here -- right here to do that, and that's the discretion of the Court. ~ COMMISSIONER LETZ: What about the septic issue out there? MR. ODOM: The septic -- we already have a septic system. We feel like we could move it to the back side of the old barn right there where the septic system's at, and we should be able to tie into it, so we thought about that. We do have a -- a well that has non-potable water which would furnish the trailer. And -- not drinking water, but for the restroom and all, it would suffice. We think we can make it work on the back side and level it up and have a decent place that we can go. 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 COMMISSIONER LETZ: You might get with Environmental Health. MR. ODOM: Well, we will. We'll go through the permit just like everybody else. We'll not -- we won't make an exception out of us. COMMISSIONER BALDWIN: Judge, my question is -- is when there's moneys coming from this eBay issue back into the county, do they go into Road and Bridge general fund, or is there a special surplus fund line item set up somewhere? JUDGE TINLEY: I see the Treasurer nodding her head back there, I think to the latter part of your question, that there's a special surplus fund. MS. WILLIAMS: Yes, sir. JUDGE TINLEY: And it comes back in. So the payment of the authorization for these items, if I'm understanding correctly, will need to come back out of that specialized fund? MS. WILLIAMS: Either that, or we will probably have to do a budget amendment and maybe set up a line item for the purchase and increase the budget on that side, and also increase the revenue side. Because surplus moneys has not been budgeted. MR. ODOM: That's right. JUDGE TINLEY: Okay. Do you think it would be better to bring it back into the Road and Bridge budget? 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 MS. WILLIAMS: Yes, sir, I do. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: Well, that would work pretty well, given that you've got to get the estimated cost to move it. Just add that onto the total. MR. ODOM: Add it onto the total. COMMISSIONER BALDWIN: So, $28,987.89 for the zipper I note? MR. ODOM: That's correct. COMMISSIONER BALDWIN: And $8,000 for the mobile home? MR. ODOM: Yes, sir. JUDGE TINLEY: And the moving cost, is my motion. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded as indicated. Any further question or discussion? All in favor of that motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) I' JUDGE TINLEY: That motion does carry. Thank you for your good fiscal management, Mr. Odom. MR. ODOM: Well, I thank the Court for being open-minded, and this is a good move. JUDGE TINLEY: Let's move to Item 5; consider and 7-9-07 1 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 discuss conceptual layout of project titled Champee Springs Estates, located in Precinct 3. MR. ODOM: Yes, sir. If you don't mind, I would like to read this letter that was sent to me, and I had met with them previously and discussed the options and their questions that they have. It says, "Dear Mr. Odom, thank you for taking the time out of your busy schedule to discuss our submittal. The information you provided us was a great help in understanding the issues of Kerr County with regards to land development, as well as better understanding of the County's rules and regulations. As a result of that meeting, we have completed the conceptual layout for a project titled Champee Springs Estates. As discussed, the conceptual land plan is intended to be a vehicle to open a dialogue as to a possible alternative land plan in the future for the area north of Privilege Creek Ranch Subdivision. This concept plan does not include are within the Privilege Creek Ranch Subdivision. The attached prints of the conceptual layout of Champee Springs Estates are hereby being submitted to Kerr County for review and comments. The area being presented does not include any of the area known as Privilege Creek Ranch, which is presently under consideration by the County. Furthermore, the conceptual layout is a presentation of a future possibility for the use of the land that might occur a few years" down the road. 7-9-07 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "The concept is for a central water system to provide potable water to the individual lots. Sewage disposal would be provided by an on-site aerobic facility for each lot. A central sewer collection system could also be a possibility. In any case, a septic system with leach fields will not be allowed. Therefore, lots will range in size from 1 to 2 and a half acres with common green space open areas proposed for the remainder of the site. The overall density will not be less than 1 lot per 3 acres." Which is in compliance with the centralized water system. "Since the concept plan has a higher density than one lot per 5 acres, a higher storm water runoff would be expected. Mitigation of the storm water increase would be incorporated in the development plans. These control measures wcfnld likely be placed in the greenbelt areas. Since this is on a conceptual plan for a future possible land use, the type of facilities are not sized or shown on the concept layout. To the north of the concept plan area being submitted, there's approximately 400 acres to 1,000 acres that could be a logical extension of the conceptual plan and could be added into this planned development." And that is more toward the end of the current Lane Valley, is my understanding. It is not up front where our road maintenance ends. "I hope that this letter provides you the information that you desire concerning the submission of the 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 conceptual plan for Champee Springs Estates. We are looking forward to our dialogue with Kerr County on the possibilities of developing this property into an aesthetically pleasing subdivision. Should you have any questions or desire any additional information, please feel free to contact our office." I believe that I have Mr. Blume and the engineer for any questions that I might not be able to answer, or I may be I able to turn the time over to them to answer that question. I may not do it justice, but I have a concept of it. COMMISSIONER BALDWIN: Just -- you need to put me in the geographical area. Is this -- where is it from -- from the subdivision that's so stormy down there? MR. ODOM: It is -- COMMISSIONER BALDWIN: Are you going to talk during this? Okay. MR. ODOM: This location is on the back side of that. This is not inside -- COMMISSIONER BALDWIN: On the back side? MR. ODOM: Yes, sir. It has nothing to do with what we presented to the Court before. COMMISSIONER BALDWIN: Okay. MR. ODOM: That was Privilege Creek Ranches. COMMISSIONER BALDWIN: Okay. MR. ODOM: This is totally a separate -- behind that subdivision is, I would guess, 1,000 acres or so? Something 7-9-07 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 like that? Something like that. But, anyway, there's other land back behind that goes back -- the concept is back to Lane Valley. That's how they would enter, at that point. And in this subdivision -- COMMISSIONER BALDWIN: And Lane Valley goes to this property? MR. ODOM: It goes up adjacent. It stops -- COMMISSIONER BALDWIN: At that property? MR. ODOM: -- at that property line. Or the roadway easement, let's put it that way. Proposed roadway easement. COMMISSIONER WILLIAMS: So, when you say behind the Privilege Creek Subdivision that's currently matriculating through -- MR. ODOM: Yes. COMMISSIONER WILLIAMS: -- the conduit, -- MR. ODOM: Through the conduit. COMMISSIONER WILLIAMS: -- you're talking about the south side or the north side? MR. ODOM: That would be the north side. COMMISSIONER WILLIAMS: North side? MR. ODOM: Yes. COMMISSIONER WILLIAMS: Okay. So, that would mean that you would come to this off of Lane Valley Road first? MR. ODOM: This section would be off Lane Valley. COMMISSIONER WILLIAMS: First, before you got to the ~-9-0~ 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 MR. ODOM: That's correct. COMMISSIONER WILLIAMS: Okay, thank you. The other question -- MR. ODOM: The other side still comes -- COMMISSIONER WILLIAMS: Other question I had, there's a reference in this letter from this gentleman that talks about sewage disposal being on-site, and then it says a central sewer collection system could also be a possibility. Would that -- was that thought incorporated into the letter, keeping in mind the future plans that Kerr County is working on for a sewage collection system for the eastern part of the county? MR. ODOM: That wasn't really discussed. It was a system of their own, sort of like a M.U.D. If I'm correct under that assumption, it would be a M.U.D., municipal utility district, which would be in place for that area right there, and possibly future development that was proposed as an alternative. That they could reduce the size of the lots, still have the 3-acre average, stay up on the ridge lines, is my understanding. But I'll turn that over to Mr. Blume or the engineer on that. But looking at that, that's what was proposed, and more upscale, like Arizona-type thing. COMMISSIONER WILLIAMS: They could also consider a gravity flow line in the subdivision to the interceptor line 7-9-07 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 that's going to go down Highway 27 as well. MR. ODOM: Could be, but would you have lift -- I don't get into that aspect. COMMISSIONER WILLIAMS: Just a possibility. MR. ODOM: Possibility. Possibility. JUDGE TINLEY: How far off of 27 is this subdivision? MR. ODOM: Seven miles back there, maybe, something like that; 6, 7 miles. JUDGE TINLEY: Okay. MR. ODOM: To the -- to the end of my maintenance. And then this proposed 100-foot right-of-way goes down through here. JUDGE TINLEY: Okay. MR. ODOM: Along the property line here. JUDGE TINLEY: And then the -- projecting into the future, immediately north of this particular area is the 400 to 1,000 acres that might subsequently be developed that was mentioned in the letter? MR. ODOM: That is correct. You probably go in a quarter of a mile and -- well, actually, this 400 acres abuts right up against it, but that was something that was a possibility. But 400 acres is my understanding, and -- and I don't know if the individual would sell more or not. But that was a plan, but it has nothing to do with the south side of 7-9-07 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 project. It's all back up here where our county maintenance essentially ends. JUDGE TINLEY: What I'm getting to, Mr. Odom, is that the projected 400 to 1,000 acres, I believe we projected going closer towards Highway 27. MR. ODOM: Yes. JUDGE TINLEY: Which would give further emphasis possibility on the feeder line for wastewater, assuming that we can get this east Kerr County -- Center Point and east Kerr County wastewater system going. MR. ODOM: That is very possible, but I couldn't speak for the developer. I don't wish to do that. But anything's possible. Lift stations could -- I don't know what the fault is, what the drain would be down there. You would assume it's on a hill; there might be enough in there to do it. JUDGE TINLEY: Generally, it's going to be gravity flow, if my understanding of the topography is where I think it is. It's going to be pretty much gravity flow down to 27. MR. ODOM: Maybe. I just -- I just don't have that data. I haven't seen that data. JUDGE TINLEY: Okay. MR. ODOM: Would you like the -- Mr. Blume, would you like to incorporate anything in this discussion, or the engineer? 7-9-07 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BLUME: Well, I think Paul could probably bring you up to speed, and actually, this is a request. My lender on the project is back here, Greg Davis. It's actually a deal between him and the engineer here. I gave him my authority to do it, to look to the future. So, I mean, I'm there. I'm aware of what's going on. You've seen my plan. You've seen what I want to do. But I think it would be appropriate, since they hired him, to visit with him on that, any questions. MR. MORAWSKI: I'm Paul Morawski with Broadbent and Associates. As they said, I was hired sort of by the lender, just to take a look at just a concept of what the possibility you could do with this property other than just dividing it up into large-acre tracts. So, my idea was -- the other thing that I've done is to try to do kind of a cluster-type housing where we go on the top where it's flat and we put the houses there, and then you leave the open space, which are the steep areas that you don't want to really disturb, because you don't want the erosion, and see what kind of density we could come at with regards to following your guidelines as to density. And so I've looked at it from that point of view, and what we're trying to do is bring it to you and say, you know, here's a possibility of what could be done. What is y'all's feeling and what's your input? You know, are you opposed to it? Or, you know, just try to work with you to get a -- you know, a quality development out there. The idea of doing the 7-9-07 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 smaller lots, again, is you just -- you just develop those small areas that are flat, and then leave the open spots. And, you know, we understand there's a possibility, because there will be more lots per acre than, say, 1-to-5 or 1-to-10, that we'd have additional runoff, and what we'd look at doing is, in the bottom of these draws, you could put small detention ponds if it was necessary. So, it's really just an engineering issue. The same thing with the handling of the San Antonio sewer. You can do on-site aerobic systems, or we could collect it maybe. You'd probably use some lift stations and take to it a central area. It could be a M.U.D. or could just be a private disposal system, or we could tie in, and that's just really engineering issues. So, I think before you work -- those things are always going to be worked out to what the rules and regulations are, and to engineering practices. So, I think the issue of the land plan is to see how you feel about it and what your concerns are, you know, from the County, and so I'm here to answer any questions, whether it be engineering or from a land plan view. COMMISSIONER OEHLER: How does it work with the people that will buy into this concept? Are they going to have an undivided interest in the balance of the property, or what happens to the balance of the property when you have lots that are left basically as green space? MR. MORAWSKI: It would be held in common. There 7-9-07 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 would probably be a vehicle, such as a homeowner's association, and so there would be some type of dues that you would pay for maintaining it, especially if you have detention facilities, to pay for the upkeep, if there is any, you know, for the inspections, you know, those type of issues. In this, it's more or less in common. It's like green space for all to enjoy, so there would be access easements that they'll be able to, like, put -- if they like hiking trails, bike trails and -- I don't know, riding. COMMISSIONER OEHLER: It would be under the ownership and control of the homeowner's association? MR. MORAWSKI: Yes. Yes. COMMISSIONER OEHLER: Okay. COMMISSIONER WILLIAMS: How many lots are proposed in this? MR. MORAWSKI: I believe in that one, there's, like, approximately 475. COMMISSIONER WILLIAMS: 400-some-odd? MR. MORAWSKI: And it's -- you know, it's just, like I say, a concept. We kept the houses up on the top of the crest of the hills. They could be smaller, could be larger. I didn't really get specific. I think it's going to fit -- to really get down where, if you really did it, it would be fitting the lots to the terrain to give people access, keep the views as open as possible from some of the roads where 7-9-07 28 1 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's some scenic views. COMMISSIONER WILLIAMS: And the green acres would be left sort of in a natural state? MR. MORAWSKI: Yes. Yes. COMMISSIONER BALDWIN: 475 and 339, that's a lot -- there's a big difference in those two numbers. MR. MORAWSKI: Well, I guess the concept being is that the number of lots would not exceed the three -- a unit per 3 acres. So -- and it could be more or less, 'cause it's really -- that's the optimal density. I think what you're going to really look at is, when you put in a lot, that it makes sense. You don't want to -- you don't want to put in a runway lot where, like, 50 foot of frontage and it goes 1,000 feet long. Doesn't make sense, so you're trying to really fit the lot to the terrain. COMMISSIONER BALDWIN: Sure, I understand. COMMISSIONER OEHLER: Only thing I can see is it looks like some of those lots are very narrow and very long. MR. MORAWSKI: Right. And it's -- and I agree with you, and that's why I stated I hate runway lots. But, you know, we're keeping it a certain size acreage that people would want to have stuff, and so I think it could still be massaged. I think the idea is a concept to see what your feelings are, and then I think we'll take that -- if it were to occur, then we'd take your input and work with that further 7-9-07 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to bring it back to you again, and see if this is what you'd like. COMMISSIONER OEHLER: Which will, by, of course, making wiser -- using the same configuration, you're going to end up with less number of lots. MR. MORAWSKI: That's true. COMMISSIONER OEHLER: Which would be -- you know -- MR. MORAWSKI: And that's -- and it's whatever the land -- you don't want to rape the land, so you have to work with the land. COMMISSIONER OEHLER: I understand. MR. MORAWSKI: So, you know, I -- like I say, I did -- I put effort into it to come up with a concept, but it's really -- when you start laying it out, that's correct. COMMISSIONER OEHLER: That's the only thing that caught my eye. Some of those appear to be maybe not even 100 I, feet wide, just -- just guessing. They're probably wider than that. MR. MORAWSKI: Well, the concept that I laid out, some of them were 100 foot wide. But they go -- I was trying to make them somewhere between 100 and some get to 150, depending on the acreage. COMMISSIONER OEHLER: And then under that, it appears, just from looking -- MR. MORAWSKI: Uh-huh. 7-9-07 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER OEHLER: Looks like they may be as much as 400, 500 feet long and only 100 feet wide. MR. MORAWSKI: Correct. Some of them are, yes. And, really, particularly, some of them would fall off into -- would fall off into somewhere on the slopes where they wouldn't be developing, and I think in that case, if they were larger, we would probably put an easement and it would be maybe an open space easement so people wouldn't develop on the hillsides and cause problems. So, I think if something was like that, we would put something in like that. COMMISSIONER OEHLER: I like your concept, and I really like the concept about putting in a M.U.D. If you're going to have those lots like that and don't have to have them -- I really think it's going to be cheaper in the long run. Of course, it is maintenance. You know, there does have to be an operator of that system, but that would really be advantageous, and you could leave more of your green space and -- MR. MORAWSKI: Correct. COMMISSIONER OEHLER: -- and have maybe even more lots to offer that way, if people wanted to do that. I'm not one of them, but -- you know, I like bigger lots. But -- MR. MORAWSKI: I understand. COMMISSIONER OEHLER: ---the concept, I like the concept. 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 MR. MORAWSKI: Okay. COMMISSIONER WILLIAMS: Is there some sort of tentative timeline that's been established for this project? I' MR. MORAWSKI: The lender might be able to -- I i don't know if he had an idea, but I think it would be something -- my understanding would be, you know, nothing would be started on it really for a year and a half. Year to year and a half. COMMISSIONER BALDWIN: Well, I like the plan. I don't know that we -- we may be using the word "M.U.D." a little bit loosely here, but some kind of collection system to hook up to our plan would make us all very, very happy. But I really don't like the word "Boerne." (Laughter.) This is Kerrville. MR. MORAWSKI: I understand. COMMISSIONER BALDWIN: Okay. Thank you. MR. MORAWSKI: And to answer your question about the M.U.D., a M.U.D. is really only a vehicle. It could be, you know, a private operation, run by somebody. So -- COMMISSIONER WILLIAMS: Well, I would echo what the Commissioner is saying, and as you move forward with your plans, I would urge you to stay in tune with what we're attempting to do over there with respect to the sewer system and transmission line which is being proposed from Center Point to Comfort. And while you're at it, any numbers you 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 might want to examine of what the cost would be to run a feeder line down from your subdivision down to that transmission line. MR. MORAWSKI: Okay. JUDGE TINLEY: Any other questions or comments for Mr. Morawaki? COMMISSIONER BALDWIN: This doesn't require any kind of motion or anything? JUDGE TINLEY: Well, I think the agenda item is not going to permit any action. COMMISSIONER BALDWIN: Okay. Okay. JUDGE TINLEY: They're just here to show us what they're thinking about. And I think, in any respect, they're aware that they've got to comply with Subdivision Regulations in all respects, but they're just here to let us know. I think the developer's representative indicated that his lender wants this matter before the Court at this stage, is my understanding. He wants to be able to so advise his lender. MR. BLUME: Yes. JUDGE TINLEY: Any other questions, comments, or any other action -- any other activity on this item? Thank you. We appreciate you being here. MR. MORAWSKI: Thank you for your time. JUDGE TINLEY: We'll move to Item 6; consider and discuss and take appropriate action for the final plat of 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 Alcorta Acres located in Precinct 2. MR. ODOM: Yes, sir. This property was brought before the Court back in November as an illegal division of property recorded by Environmental Health. We worked with the seller and buyer, Commissioners Letz and Williams, because it's right at both of the -- if you fall to the right, you're in Jonathan's, and if you fall to the left, you're at Bill Williams' precinct right there, so the line's right there, as well as the County Attorney in an attempt to satisfy all parties. Even though this plat does not meet all of the Kerr County Subdivision Rules and Regulations, it does make a bad situation better. We're talking about a one-lot subdivision. Therefore, at this time, we ask that you approve the plat as presented, and be willing to answer any questions or turn that over to Commissioner Williams or Commissioner Letz. COMMISSIONER WILLIAMS: It's actually a two-lot subdivision. MR. ODOM: It is actually two lots. But we're -- my understanding is that the 13.1 acres up here, this individual doesn't wish to do it. I think that's been turned over to the County Attorney. But this was -- the young man that bought this was wanting to get a septic and to build a home, and this young man didn't do anything. COMMISSIONER WILLIAMS: That's correct. He got caught in the squeeze. 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 MR. ODOM: He got caught in the squeeze. And, you know, I'm not legal. I'm just saying we got a bad situation. This young man's trying to resolve this issue. This is a way to resolve the issue. COMMISSIONER LETZ: Well, my recollection is, I mean, the division was done before the individual bought the property. The guy who we're dealing with now had nothing to do with this division; he just bought it. MR. ODOM: Just bought it. COMMISSIONER LETZ: He thought he bought property. Ideally, the 13-acre tract would be Lot 2, but that individual won't -- won't do anything. Won't participate, won't work with the other individual. So, I think Bill and I looked at it. My recommendation was, let's at least get the guy who's trying to do it right -- okay, even though it's a small lot, let him do a one-lot subdivision, and then deal with the other individual that owns the remainder when he tries to sell that property. COMMISSIONER WILLIAMS: That's correct. MR. ODOM: That's right. COMMISSIONER WILLIAMS: And there's also a well on this Lot 1, is there not? MR. ODOM: Yes, there has been a well there. It was allowed to be drilled. COMMISSIONER WILLIAMS: Ample room for a septic, and 7-9-07 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 there's already a well. And this does solve, hopefully, a situation that was almost impossible, because the gentleman that bought what is identified as Lot 1 really got caught in a situation where he had no -- had no understanding or idea it was going to take place. MR. ODOM: He had no concept. The young man didn't know. COMMISSIONER WILLIAMS: So, I move approval. COMMISSIONER BALDWIN: Wait just a second. Is there another problem besides it being an acre and a half? COMMISSIONER WILLIAMS: I don't think -- you're not asking for any other variances, are you? MR. ODOM: No. COMMISSIONER WILLIAMS: Just the lot size. COMMISSIONER BALDWIN: And we're talking about a I variance? COMMISSIONER WILLIAMS: Yes, sir. COMMISSIONER BALDWIN: Okay. COMMISSIONER WILLIAMS: Be a variance for lot size, basically. COMMISSIONER LETZ: Variance on lot size. COMMISSIONER WILLIAMS: There's already a well on the property, so that's been done. I would move approval of the Alcorta Acres as presented, with a variance on lot size to allow Lot 1 to be structured -- recorded as 1.62 acres as 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 identified on the plat. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded as indicated. Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Let's move to Item 7 -- COMMISSIONER WILLIAMS: Just want -- JUDGE TINLEY: Excuse me. COMMISSIONER WILLIAMS: I just want to thank Leonard for his work on this. Appreciate your efforts on this, Leonard, and Rex as well, 'cause this solves a longstanding ~ problem. JUDGE TINLEY: Half of the problem. COMMISSIONER WILLIAMS: Yes, sir. COMMISSIONER LETZ: Other part -- we can deal with the other part when -- COMMISSIONER WILLIAMS: We can deal with that later. MR. ODOM: He's got to come to us. JUDGE TINLEY: Let's move to Item 7; consider, discuss, and take appropriate action concerning a concept plan and setting a public hearing for revision of plat, Lot 1 of 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 The Homestead at Turtle Creek, as set forth in Volume 6, Page 309, Plat Records. COMMISSIONER WILLIAMS: Also in Precinct 2. MR. ODOM: Did I -- we forget that? That is Precinct 2, I'm sorry. COMMISSIONER WILLIAMS: Okay. MR. ODOM: This revision of plat is being done under the alternate plat process. It does not create an additional lot, but adds to the greenbelt at the entrance of the subdivision. At this time, we'd like to request a public hearing for August 13th, 2007, at 10 a.m. And attached, you have a note from Mr. Voelkel explaining the situation, and I don't see a problem with it. I believe it would just set that public hearing and have a final. COMMISSIONER WILLIAMS: We'll do that, but the lot would be reduced from 1.98 to 1.65? MR. ODOM: That's correct. COMMISSIONER WILLIAMS: And in the process, that still is -- MR. ODOM: Is above the average. COMMISSIONER WILLIAMS: -- above the average of all the other lots out there? MR. ODOM: That's correct. COMMISSIONER WILLIAMS: Okay. I move a public hearing be set on the concept of -- public hearing for Lot 1, 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 The Homestead at Turtle Creek, for August 13, 2007, at 10 a.m. COMMISSIONER LETZ: Second, but a question. JUDGE TINLEY: Motion made and seconded as indicated. Question or comments? COMMISSIONER LETZ: Rex, does this fall within that new state law exemption for doing a revision -- or the notice for revision of plat? Do you recall? MR. EMERSON: I don't know. MR. ODOM: What was the new law -- your thoughts of a new law? Maybe I don't remember. COMMISSIONER LETZ: There's one that you -- on a minor change or a typo type thing, you don't have to go through the public hearing process. It was passed this legislative session. We haven't -- haven't changed our rules to match the new law, and I'm not sure what the effective date of the new law is. Maybe -- a lot of times they don't become effective until September 30th or September 1st. MR. EMERSON: I'd be happy to research it, but my legislative update doesn't happen until August 16th, so -- COMMISSIONER LETZ: I've got a copy. We can go ahead and set it now. We can always pull it if we need to. JUDGE TINLEY: Those were primarily -- my understanding, Commissioner -- clerical corrections that needed to be made. I COMMISSIONER LETZ: As opposed to lot lines? 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 JUDGE TINLEY: That's -- that's my recollection. I recall the one you're speaking of, though, that pretty simplified procedure. Those are mainly just clerical items. COMMISSIONER LETZ: All right. JUDGE TINLEY: Any other questions or comments? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. COMMISSIONER LETZ: When's that public hearing, Leonard? COMMISSIONER WILLIAMS: August 13. MR. ODOM: August 13th, 10 o'clock. JUDGE TINLEY: Let's move to Item 8; consider, discuss, and take appropriate action for a concept of revision of plat for Lots 50 and 51 of Highlands Ranch, as set forth in Volume 5, Page 233, Plat Records, and set public hearing for the same, that being located in Precinct 1. MR. ODOM: Yes, sir. This plat is being done under the alternate plat process. The landowners are moving a property line, and no new lots will be created. At this time, we need to set a public hearing for August 13th, 2007, at 10:05 a.m. COMMISSIONER BALDWIN: I've got a question for 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 Mr. Voelkel. MR. VOELKEL: Yes, sir. COMMISSIONER BALDWIN: Mr. Voelkel, you have written a letter to Mr. Odom, and the way I understand this is that you have -- you have a -- you have two lots with a line down somewhere. Don't know if it`s in the middle or not. MR. VOELKEL: Yes, sir. COMMISSIONER BALDWIN: And in your -- this is a little bit of voodoo here, pal. MR. VOELKEL: It was supposed to be. COMMISSIONER BALDWIN: Yeah, I know it. Adjust the lot line between the lots while maintaining the same acreage in each lot. How do you do that? MR. VOELKEL: That's a very tricky process. MR. ODOM: Very tricky process. COMMISSIONER BALDWIN: This is Aggie voodoo, fellas, I I'm telling you. MR. ODOM: The line shifted. It did shift, and you can look at it. You can see. But he did a good job. COMMISSIONER WILLIAMS: Aggie engineering. COMMISSIONER BALDWIN: Rex? COMMISSIONER OEHLER: Mr. Baldwin? You know, you can take and move that lot line over here this way and down here this way, and you can still -- COMMISSIONER BALDWIN: I see. ' 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 MR. ODOM: You still -- there was a little give. Give and take at both ends right there on that line. COMMISSIONER OEHLER: One gives, the other one takes. JUDGE TINLEY: Mr. Voelkel, what about the septic system on the lot that has a house on it? Is this new lot line going to be clear of that? MR. VOELKEL: Actually, it will give us more distance to the lot line -- or from the lot line to the septic system, so we're kind of improving that. JUDGE TINLEY: You're solving the setback, and also giving a little bit more clearance to the septic, huh? MR. VOELKEL: That's correct, and maintaining the same acreage. COMMISSIONER LETZ: This -- just as an aside, we made a change in -- a policy change regarding 0. -- MR. ODOM: O.S.S.F. COMMISSIONER LETZ: This is the one that, in my mind, needs to go through Environmental Health, because there are septics there and lot line issues we need to verify. Whereas the -- MR. ODOM: And -- COMMISSIONER LETZ: What's the one before this? Well, as an example, the next one on the agenda does not, in my opinion. 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 MR. ODOM: Yeah. COMMISSIONER LETZ: It's just kind of a -- MR. ODOM: Well, Lee and I had a discussion before court, and I reminded -- he wasn't here for this, but before the -- we set the public hearing for the final and all, make sure I have that, I have the routing slip that they received it to review it. That's what's important. COMMISSIONER LETZ: Right. MR. ODOM: That they review it to see if there is any septic problems, as well as the wording on that plat is correct, that whoever buys it will know to do it. Now, do they need to sign the mylar? No, they don't. Do they need to sign anything on final? No, but it should have been done at this point, but it wasn't. But it will be; I will have it, ~ or it will not go for final. I'll say that. COMMISSIONER LETZ: Okay. MR. ODOM: All right. COMMISSIONER BALDWIN: Judge, as Commissioner of that precinct, I move that we set a public hearing for August 13, -- what time of the day? -- 2007. MR. ODOM: 10:05 I believe is what I have there. I'm sorry, it wasn't on there, and we forgot it. COMMISSIONER BALDWIN: 10:05. COMMISSIONER OEHLER: Second. JUDGE TINLEY: Motion made and seconded as 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 indicated. Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.} JUDGE TINLEY: That motion does carry. We'll move to Item 9; consider, discuss, and take appropriate action for revision of plat for Falling Waters, Lots 130, 130A, and 127R, as set forth in Volume 6, Page 393, Volume 7, Page 29, and Volume 7, Page 260, Plat Records, and being located in Precinct 3. MR. ODOM: Yes, sir. This plat was done under the alternate plat process. The public hearing was February the 26th, 2007. The landowners are moving a property line, and no new lots will be created. Therefore, we ask that you approve the plat as presented. The mylar has just been brought to us, so I'll get that, but I would ask the Court to approve this. Mr. Spenrath has had this since February. We finally got everything done. COMMISSIONER LETZ: We approve it? MR. ODOM: This is alternate plat process. Yeah, we've already had a public hearing. COMMISSIONER LETZ: Move approval. COMMISSIONER OEHLER: Second. COMMISSIONER BALDWIN: Second. 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 JUDGE TINLEY: Motion made and seconded for approval of the agenda item as indicated. Any question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. We'll move to Item 10; consider, discuss, and take appropriate action to adopt a policy for adding items to the Kerr County website to inform employees of nonofficial information. Ms. Hyde? MS. HYDE: You're going to have to forgive me, 'cause I can barely talk. Which I know that -- COMMISSIONER BALDWIN: This is a blessing. MS. HYDE: -- makes you very happy. COMMISSIONER BALDWIN: Thank you, Lord. JUDGE TINLEY: It's a good thing? COMMISSIONER BALDWIN: This is a good thing. MS. HYDE: We have the policy completed. We have the policy completed, but it needs to be presented to y'all to read, so y'all will get it in an e-mail so that you can say yea or nay at the next meeting, if that's okay. COMMISSIONER LETZ: Okay. MS. HYDE: Thank you. COMMISSIONER BALDWIN: She's just so honored being 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 in our presence, she was -- choked her up. COMMISSIONER WILLIAMS: Did you get up off your sickbed this morning? MS. HYDE: Yes, sir. JUDGE TINLEY: Go back. MR. ODOM: Could she repeat that? I couldn't... (Laughter.) COMMISSIONER BALDWIN: What did she say? COMMISSIONER LETZ: We'll bring it back next time. COMMISSIONER BALDWIN: Okay. Which next time? COMMISSIONER LETZ: When we have the backup ahead of time. JUDGE TINLEY: Any further question, action, activity on that particular item? If not, we'll move to Item 11; consider, discuss, and take appropriate action on new policy regarding payroll direct deposit. We have Ms. Hyde and Ms. Williams. MS. HYDE: Right now we have automatic deposit for a lot of our employees, which is fantastic. What we're running into is, when employees separate from the county, their last paychecks. In trying to make sure that these paychecks are correct, both for the employee and for county funds, we're requesting that the policy be amended so that their final paycheck is a hard check, so that we can insure that it's correct. Because once they're automatically deposited, we 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46 can't take the funds back. COMMISSIONER LETZ: I agree. So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded as indicated. Any question or discussion on the motion? COMMISSIONER BALDWIN: Boy, she just gets so choked up in her job, doesn't she? JUDGE TINLEY: All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. We'll move to Item 12; consider, discuss, and take appropriate action to modify plat filing requirements for Kerr County Subdivision Rules and Regulations. Commissioner Letz? COMMISSIONER LETZ: This is something we discussed a ', while back, probably last time we did our subdivision review, and it was based on -- County Clerk was changing her plat filing process. They're scanning them now, and that was going to need -- or mean that we need to change our rules to accommodate that. I think we're at that point that we need to make that change now, and I think it's pretty self-explanatory. I don't believe, Rex, that this needs any kind of public hearing. This is more of a procedural type 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 change, not affecting our rules at all. But what it does, it will eliminate the mylars being required, and it'll also eliminate the size issue on plats, because the scanning is much more variable than what we've done in the past. And it's something that just, if this is approved -- I'll make a motion that we adopt this, and make it effective August 1st. That way we have a set -- the developers and people that do this sort of stuff know a fixed date that we're going to make this change. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded as indicated. Any further question or discussion on the motion? COMMISSIONER BALDWIN: I just have -- I just -- on the motion, no, but in this letter from the clerk, she says they no longer require that it be on a mylar. I understand that. And once it's scanned and indexed, I would not keep the ~, document. What I'm not real clear on is what the "document" is. COMMISSIONER LETZ: The plat. MS. PIEPER: The plat. COMMISSIONER BALDWIN: The plat itself? COMMISSIONER LETZ: It will be scanned. COMMISSIONER BALDWIN: There you are right there. COMMISSIONER LETZ: I think she's going to scan it and then throw it away. It won't be a -- 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 48 MS. PIEPER: We'll return it back to the filer. COMMISSIONER LETZ: Or -- COMMISSIONER BALDWIN: Yeah, okay. That's good. I just wasn't real clear what the word "document" meant here. MS. PIEPER: And I don't know if you actually need the language that it can be no wider than 36 inches. The length does not matter. COMMISSIONER LETZ: Okay. But it needs to be no wider than 36 inches? MS. PIEPER: Right. But the machine itself will handle up to 36-inch. COMMISSIONER LETZ: Okay. COMMISSIONER OEHLER: Question. Are you going to be able to scan all the previous plats up to date? Have you already done that? MS. PIEPER: Yes. I have not done that, but I will be doing that. And that way, that will also eliminate seven filing cabinets in my office. COMMISSIONER OEHLER: Good. MS. PIEPER: And then at that point, I'll come to -- look to y'all for directions of what can do I with the 3,000-plus plats I have in my office now. COMMISSIONER LETZ: I think two other things on this discussion. I think we need to put in some sort of a standard, Jannett, as to what this plat -- they can't do it on 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 a notebook piece of paper. It still has to be -- I think it's probably addressed in the other sections. MS. PIEPER: In the subdivision rules and regs, I have not read them very well, but I believe you have something to scale. And as long as you keep that, then I think we should be okay. COMMISSIONER LETZ: Okay. And Truby had a question, but before she has a question, I think -- how do we get prints of plats now? I mean, in the future? You know, they're scanned. You're going to have -- MS. PIEPER: I can hit the "print" button and print you one. COMMISSIONER LETZ: The other -- the other department that uses these, or the two -- well, one department. I wonder, does Road and Bridge need a scanner -- a printer to be able to do this at their office? You know, there at the office, they look at plats probably more -- MS. PIEPER: I gave them my old printer. COMMISSIONER LETZ: So they'll be able to -- MS. PIEPER: Mm-hmm. COMMISSIONER LETZ: -- print direct? MR. ODOM: And we won't have to come over here to make a copy -- get a copy. They can just access the file, print one there and move on? MS. PIEPER: Mm-hmm. 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 50 COMMISSIONER OEHLER: Sounds good to me. If it works, it sounds real good. JUDGE TINLEY: Does the motion include that the plat not be over 36 inches in width? COMMISSIONER LETZ: Yes. JUDGE TINLEY: Okay. I just wanted to be sure we had that in there. COMMISSIONER LETZ: Does Truby have -- MS. HARDIN: I have a question. The final plat to be filed with all the signatures and stamps is going to be a paper copy; is that correct? COMMISSIONER LETZ: Yeah. MR. ODOM: Okay. May I also ask -- Lee's not in here now, and I was hoping he was still here. The County Surveyor, does he -- I mean, it won't make any difference at all to him? I mean, it doesn't bother me a bit. I mean, that's efficiency, but I'm just wondering about his input on it, to whether he really needed a mylar or not. 'Cause that's what he basically -- you know, he'll take a copy of that ~ mylar. COMMISSIONER LETZ: He ought to be able to get a copy. I mean, he should be able to get the same copies. MR. ODOM: Okay. COMMISSIONER LETZ: Be on the same paper. MS. PIEPER: We have, like, a -- there's a list of, 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 like, 11 that we supply a copy of the plat for once it's filed, so that'll remain the same. COMMISSIONER LETZ: I mean, some of them, like County Surveyor, they may rather get it electronically. MR. ODOM: Yeah. COMMISSIONER LETZ: Or they may not want -- I mean, some of the people, you know, may not want all the hard copies any more if they can access them whenever they want. MS. PIEPER: They have some kind of system like ours. I'm not sure exactly what theirs is called, where they do scan theirs in as well. They've had it for several years. COMMISSIONER LETZ: For the time being, I think we'll keep our distribution the same, but it may be something to look at in the future. MR. TROLINGER: I just want to clarify the hardware side. Road and Bridge won't have the capability of directly printing from your new system to their office. You have to print it for them. MS. PIEPER: Correct. MR. TROLINGER: They will have a copier. They can ro~ke copies of paper documents, is what you're -- MS. PIEPER: Right. COMMISSIONER LETZ: How hard would it be to get them a -- I mean, if they need it. I'm not sure they're going to get it, but if they need access to print it directly rather 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 than spend man hours coming down here to pick these things up -- MS. PIEPER: In time, we're going to have web -- and I'm not sure. Will that be -- MR. TROLINGER: We have the capability with the new system to provide Road and Bridge with that, given if we get them on the County's network. That's a little bit of a hurdle for the budget process that we need to talk about. COMMISSIONER LETZ: All right. COMMISSIONER BALDWIN: Let's be sure to talk about that, though. I mean, we spent a lot of money. We need to be networked. MR. TROLINGER: Yes, sir. It's in my -- we're ready for budget workshops on that. MS. PIEPER: But right now, with the printer that I used to have, that I gave them, they can make copies of any plat that they have. COMMISSIONER LETZ: Okay. JUDGE TINLEY: Any other questions or comments? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.} JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Item 13. Are you pulling that item, Commissioner Oehler? 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 53 COMMISSIONER OEHLER: Yes, I'll pull that. JUDGE TINLEY: We'll pull Item 13 and move to Item 14. Consider, discuss, and take appropriate action to authorize County Auditor to perform an annual audit of the Emergency Services District Number 1 and Emergency Services District Number 2. Commissioner Oehler? COMMISSIONER OEHLER: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded as indicated. Any question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. We'll move to Item 15; consider, discuss, and take appropriate action to adopt a new policy and fee schedule for the Kerr County Exhibition Center and rescind all previous orders pertaining to such. Commissioners Letz and Oehler. COMMISSIONER LETZ: We're going to pass and bring this back next time. Ms. Hyde couldn't get it done. Just teasing. Just teasing; it's not Ms. Hyde. COMMISSIONER OEHLER: It's not Mrs. Hyde's fault -- Ms. Hyde, I'm sorry. MS. HYDE: Don't pick on me. 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 54 COMMISSIONER LETZ: We need to look at it a little bit more. We're still waiting on a little bit of information from Alyce. JUDGE TINLEY: Okay. COMMISSIONER LETZ: And Ms. Hyde, Bruce and I need to get together. COMMISSIONER OEHLER: Yeah, as soon as she gets I well. COMMISSIONER LETZ: We don't want to catch -- COMMISSIONER OEHLER: I'm not getting with her today, I promise. JUDGE TINLEY: Okay. We'll move on to Item 16; consider, discuss, and take appropriate action to set a public meeting for purposes of presenting a final draft of Feasibility Analysis for wastewater services for Center Point and eastern Kerr County, as required by contract with Texas Water Development Board. Commissioner Williams? COMMISSIONER WILLIAMS: Yes, sir. Thank you, Judge. Our agreement with Texas Water Development Board in the planning aspects of the Center Point/East Kerr County proposed system requires a second public meeting to take a look at the final draft with all various comments that are incorporated into the draft. And so, in keeping with that, and after checking with the Water Development Board, the gentlemen who oversee our project manager, we're going to ask the Court. to 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 55 authorize a public meeting for July 26 at 7 p.m. at the Center Point Independent School District cafetorium, and we'll advertise that and send out notices to everybody and anybody who should receive a notice. COMMISSIONER LETZ: What was the date again, Bill? COMMISSIONER WILLIAMS: July 26 at 7 p.m. at the C.P.I.S.D. cafetorium. COMMISSIONER OEHLER: Is this something we should attend or not? COMMISSIONER WILLIAMS: You can if you wish. COMMISSIONER OEHLER: Doesn't really matter? COMMISSIONER WILLIAMS: No. I'll be there, and I Commissioner Letz probably will look in, and we`ll invite the City. We'll invite U.G.R.A., we'll invite -- we'll put in a public notice for people, we'll ask the newspaper to develop a story for us. And -- but if you wish to, you are certainly welcome to. COMMISSIONER LETZ: If we're going to have more than Commissioner Williams and myself, probably ought to post it. COMMISSIONER OEHLER: That's why I asked the question, whether you want to post it as a meeting of Commissioners Court or have this public hearing. COMMISSIONER WILLIAMS: Well, if only two of us are there, it's just a public hearing; doesn't require any other posting other than that. 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 56 COMMISSIONER OEHLER: That was the essence of my question. COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: That was a motion on your behalf? COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: All right. COMMISSIONER LETZ: Second. JUDGE TINLEY: We have a motion and a second for a public meeting on the agenda item matter for 7-26-07 at 7 a.m. in Center Point school cafeterium, and 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: That motion does carry. Let's move to Item 18, if we might. Consider, discuss, and take appropriate action to set public hearing regarding Kerr County's possible participation in the 2008 Texas Community Development Block Grant Program for colonia planning in Center Point at 5 p.m. on July the 12th, 2007, in Commissioners Courtroom, Grantworks to conduct that public meeting. Commissioner Williams? COMMISSIONER WILLIAMS: There are some -- some moneys available, and we've availed ourselves of those in the 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 past with respect to planning grants. These are colonial-type C.D.B.G. block grant moneys. In this particular case, it's not a huge amount of money, but the Grantworks folks have notified us of the potential for this. And what we'll be looking at would be possible stormwater takeoff issues, flooding issues, housing issues and so forth. And Grantworks, as always the case in the past, conducts the public hearing. They prepare the application for us, and they do a lot of the work. I have a note here from Grantworks. When we originally talked about July 12, they are asking that we change that to 13, which will allow them ample time to get a newspaper advertisement in tomorrow. Public hearing would be this Friday at 5 p.m. It would be conducted by Grantworks, and I move the public hearing be set accordingly. COMMISSIONER LETZ: Second. JUDGE TINLEY: We have a motion and a second for setting of a public hearing -- public meeting for 5 p.m. on July 13th, 2007, in the Commissioners Courtroom on the agenda matter. Any further question or discussion? COMMISSIONER LETZ: This is -- this is possible participation? We have no plans at this time of submitting anything at this time? COMMISSIONER WILLIAMS: We'll come back with approval for the application itself, but you have to get the public hearing out of the way. 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 58 COMMISSIONER LETZ: The public hearing for us to look at it. I mean, do we think that this is something we're just going to pursue and we're going to -- how does this fit in with the rest of the project? COMMISSIONER WILLIAMS: It fits in in terms of housing, which could be assessing the need for various levels of housing, keeping in mind the sewer plan and how that land would be developed. Mapping or digital photography, upgrading, perhaps, the community survey, which is important to what we're doing, and drainage study. We have a lot of areas over there that have major drainage problems, not of our creation, but longstanding drainage problems, and these funds will available for those purposes. COMMISSIONER LETZ: So, these funds -- COMMISSIONER WILLIAMS: Planning grants. COMMISSIONER LETZ: These are planning funds? COMMISSIONER WILLIAMS: Planning grants, yes, sir. JUDGE TINLEY: Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. We'll move to Item 19; consider, discuss, and take appropriate action to 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 59 appoint Janet Moseley to the Library Board to fill the vacancy of Bruce Baker. COMMISSIONER OEHLER: I placed this on the agenda. Mr. Baker, I believe, resigned at the last Commissioners Court meeting from the Library Board, and I went and talked to Janet Moseley, who is -- is a friend, but she's also well qualified for this position. And you'll see, she has a B.S. degree from Texas Tech in 1965 in home economics. She has a Masters in library -- library science degree from Louisiana State in 1994, and she taught home economics in high school and library in elementary and high school. So, she is a certified librarian, and she has good business sense and has the education and the knowledge of things that we don't have on that board at the present time, so I recommend that we place her as our new county Library Advisory Board member, and I make that a motion. COMMISSIONER BALDWIN: I second that, and to say that she's also a quality person. JUDGE TINLEY: Motion made and seconded as indicated. Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Let's move 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 60 to Item 20; consider, discuss, and take appropriate action to request unclaimed capital credits received from Electric Cooperative pursuant to Section 74.602 of the Texas Property Code from Texas Comptroller of Public Accounts, and authorize the County Judge to prepare a letter of request. I put this on the agenda after receiving a letter from the Comptroller. Don't know whether -- whether there's any money involved in this, or if so, how much. We did get some last year, as I recall, and we submitted the request as required by the statutory format. A copy of -- of the draft of that letter is attached to your materials. COMMISSIONER LETZ: Move approval. COMMISSIONER WILLIAMS: Second. COMMISSIONER OEHLER: Motion made and seconded for approval. 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. We'll now go back to Item 17. Consider, discuss, and take appropriate action to approve a letter of intent with Kendall County Water Control and Improvement District Number 1 to negotiate an intergovernmental agreement to accept wastewater flows from the proposed Center Point/Eastern Kerr County sewer collection 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 transmission system and provide wastewater treatment services and other related matters. Commissioner Williams? COMMISSIONER WILLIAMS: Thank you, Judge. Commissioner Letz and I met with members of the Board of Directors of the Kendall County Water and Control Improvement District Number 1 on June -- July -- no, 18th of June -- I'll get my dates straight here in a minute. COMMISSIONER LETZ: June 18th. COMMISSIONER WILLIAMS: June 18th, I'm sorry. Thank you, Commissioner. June 18th, and we discussed the potential of the project. And that Option 1 of the two options that are being proposed would take a transmission line down Highway 27 from Center Point to the W.C. & I.D. lines and/or the treatment -- sewer treatment facility in Comfort. I see Keith Marquart, the General Manager, is back here. Thank you, Keith, for coming. The items in the letter of intent are those that we discussed, and what this would be is -- is a letter intending both parties would sit down and negotiate an intergovernmental agreement to discuss all of these items that embody a solution to these questions. The intergovernmental I agreement -- we sent a letter to the Board of Directors of W.C. & I.D. and asked them to consider it as well, or we're asking the Court's approval today to do this. This would be step one in a long process to work out the details of a connection between our proposed system and the sewage 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 62 treatment facility in Comfort. So, that's the sense of it. Commissioner Letz, do you have anything you'd like to add to that? COMMISSIONER LETZ: Only thing, I think we should add the word "nonbinding" explicitly in here. I think that this is not intended to be a binding agreement; it's more of a nonbinding agreement to give us a framework to move forward. I think that was something that I believe Mr. Bohnert or one of the board members that attended our meeting thought ought to be there. COMMISSIONER WILLIAMS: That's fine. COMMISSIONER LETZ: And the other thing I think we ought to -- well, we might want to more clearly state in here, this is our -- the primary -- you know, our prime -- I guess, like, our primary nonbinding letter of intent. There may be a secondary one with the City of Kerrville as a backup plan to -- kind of to have that in place as well. A lot of this, in my mind, is a -- the purpose is for the Water Development Board to know that we have a plan for the sewage. I mean, if they're going to give us money, we're actively negotiating, so they think that this is -- the Kendall County Water District is the way to go, definitely the primary one. But it wouldn't hurt to do another one, possibly, as well. But, anyway, the main comment I want to add, this should be a nonbinding letter of intent at this point, because we're pretty general still. 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 63 COMMISSIONER WILLIAMS: I don't have any problem with "nonbinding." I think in terms of the other potential letter of intent, we're certainly willing to sit down with the City and see if we can work out a letter of intent that way, both of which to be included in our -- supplement our application to the Texas Water Development Board. Keith, do you have anything you'd like to add or comment? MR. MARQUART: No. We'll be discussing it Thursday night at our board meeting. I think the -- individually, the board members have all looked at it. And, needless to say, I'm very excited about the prospect of this going through. COMMISSIONER WILLIAMS: Thank you. Appreciate you coming. I'm not sure, Commissioner, where you'd want to put "Nonbinding Letter of Intent." Doesn't bind you, just states your intention. That's what a letter of intent is. COMMISSIONER LETZ: Rex? MR. EMERSON: Sir? COMMISSIONER LETZ: Would you just say, "Letter of Intent, Nonbinding"? "Nonbinding Letter of Intent"? Put another sentence in here that -- MR. EMERSON: "Nonbinding Letter of Intent" is probably more grammatically correct. COMMISSIONER LETZ: Okay. So just add "Nonbinding" in front of "Letter of Intent." Okay. COMMISSIONER WILLIAMS: On the reference line? 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 64 COMMISSIONER LETZ: Reference line, and one time in the -- I think it's cited twice. We'll do that. JUDGE TINLEY: And there in the last paragraph on Page 1, "execute a copy of this nonbinding..." COMMISSIONER WILLIAMS: Yeah, and we need it on the execution line. Keith, we'll make these two modifications and send you a revised draft down. Doesn't change the body of it at all. Move approval of the letter of intent as submitted to the Court, and as amended. COMMISSIONER LETZ: Are you voting? (Discussion off the record.) COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded as indicated. Any question or discussion on the motion? COMMISSIONER WILLIAMS: I'll get with you on it. JUDGE TINLEY: All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. COMMISSIONER WILLIAMS: I'll forward it down to you. COMMISSIONER LETZ: I can take it later today. JUDGE TINLEY: Okay. (Discussion off the record.) 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 65 JUDGE TINLEY: Where's our Auditor? COMMISSIONER WILLIAMS: Which one? JUDGE TINLEY: Both of them. COMMISSIONER WILLIAMS: New one or old one? MS. UECKER: While we're waiting on them, you've already acted on Item 3? COMMISSIONER LETZ: Yes. JUDGE TINLEY: Of course we have. MS. UECKER: All right. Then you're done with me. But I understand that maybe the Treasurer has some questions about some of the money issues, but I'm done, right? COMMISSIONER LETZ: What was Item 3? JUDGE TINLEY: Has to do with the Auditor. COMMISSIONER WILLIAMS: Salary of the Auditor. COMMISSIONER LETZ: Oh, yeah. We did it all. MS. UECKER: Okay. Bye-bye. COMMISSIONER WILLIAMS: Bye. COMMISSIONER LETZ: Bye. COMMISSIONER BALDWIN: Nice to see you. MS. UECKER: Nice to see you. JUDGE TINLEY: Had you been here an hour or so sooner, you might have been able to get involved on that. MS. UECKER: Well, I was kind of busy doing District Clerk stuff. JUDGE TINLEY: Okay. I couldn't figure out what you 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 66 were on the agenda item for, anyway. This is auditor stuff. MS. UECKER: 'Cause you put me there. COMMISSIONER LETZ: Take a break? I, JUDGE TINLEY: Yeah, we're going -- here's the Auditor, okay. Let's move to Section 4, payment of the bills. COMMISSIONER BALDWIN: I move we pay the bills, but I've got a question. JUDGE TINLEY: I may have a question. COMMISSIONER BALDWIN: Should I do that now, or should I wait for a second? COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded. Any question or discussion? COMMISSIONER BALDWIN: Tommy, I was looking through the bills, and I am at 198th District Court, and I do not see any special prosecutor payment made here, so I'm wondering, is there anywhere in this group of bills any payment to any special prosecutor out of the 198th District Court? MR. TOMLINSON: Not in this batch. COMMISSIONER BALDWIN: Okay. If one comes, I'm going to ask the question. I want to -- I want a total accounting of it, how many hours, what he did, what he didn't do. You know, I want to know about his family reunion and the whole thing. And if we don't do that, I'm not going to vote to pay for the bills. I can tell you that right up front. 7-9-07 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 MR. TOMLINSON: Well, we will have -- you know, the documentation is furnished us. COMMISSIONER BALDWIN: Okay. And so that -- I've never seen one. Is that -- is that self -- does it explain details? MR. TOMLINSON: They will probably have the hours -- the hours worked. COMMISSIONER BALDWIN: Okay. MR. TOMLINSON: The ones I've seen before. But I can't tell you for sure. COMMISSIONER BALDWIN: Yeah. I don't recall ever seeing one, but we'll get to that point. I just wanted to give you a heads-up that I'm going to ask a lot of questions about that. MR. TOMLINSON: Okay. COMMISSIONER BALDWIN: Thank you. JUDGE TINLEY: Any other questions or comments? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Budget amendments. Budget Amendment Request Number 1. MR. TOMLINSON: Number 1 is for Nondepartmental and Commissioners Court. This amendment is to pay for the crime 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 68 policy that the Court agreed to purchase -- I think it was two courts ago, with Texas Association of Counties for $1,617. So, we're transferring $692 out of the Secretary line item and -- in Commissioners Court, $385 from Property Insurance in Nondepartmental, and $540 from the Mainframe Maintenance line item in Nondepartmental. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval. 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 carries. Budget Amendment Request 2. MR. TOMLINSON: Two is for the County Auditor's office, for payment of -- of software maintenance for the balance of the year, to transfer $220 from Conference line item to Software Maintenance. COMMISSIONER WILLIAMS: So moved. COMMISSIONER LETZ: Second. COMMISSIONER OEHLER: Second. JUDGE TINLEY: Motion made and seconded as indicated. Any question or discussion? All in favor of the 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 69 motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion carried. Budget Amendment Request 3. MR. TOMLINSON: Okay, 3 is for Human Resources. It's also for -- for software maintenance for the balance of the year. The request is to transfer $73.65 from Group Insurance to Software Maintenance. COMMISSIONER LETZ: So moved. COMMISSIONER OEHLER: Second. JUDGE TINLEY: Motion made and seconded. 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: Motion does carry. Budget Amendment Request 4. MR. TOMLINSON: Four is for the Jury. We're transferring $674 from Operating Supplies into the Interpreter line item. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 70 JUDGE TINLEY: Motion made and seconded. Any question or discussion? COMMISSIONER BALDWIN: Tommy, do you think that that is more than one court case, where there's -- MR. TOMLINSON: I have -- COMMISSIONER BALDWIN: -- more than one interpreter? Or -- that seems like a larger number. MR. TOMLINSON: No, it's -- there's two cases. One's for four hours plus travel, and the other one is for two hours plus travel. COMMISSIONER BALDWIN: So, it`s 100 bucks an hour? MR. TOMLINSON: $80 an hour. JUDGE TINLEY: Any other questions or comments? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion carried. Budget Amendment 5. MR. TOMLINSON: Okay. Five is for the County Jail, to transfer $8,525.14 from Jailer Salaries, with $150 to Employee Medical Exams, $1,255.57 for Operating Supplies, and $7,119.57 to Prisoner Medical. COMMISSIONER LETZ: So moved. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded. Any 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 71 question or discussion? COMMISSIONER BALDWIN: I do have a question. Where is the Sheriff? COMMISSIONER LETZ: Probably on holiday. MR. EMERSON: He's on vacation, I believe. COMMISSIONER BALDWIN: Again? COMMISSIONER LETZ: He was going to take the month of July off. He's in Colorado. JUDGE TINLEY: Any other questions or comments? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Budget Amendment Request 6. MR. TOMLINSON: Okay, 6 is for the 216th District Court and County Jail, to transfer $2,691.15 from Jailer Salaries, with $1,151.50 to Court-Appointed Attorney line item and $1,539.65 to Civil Court-Appointed Attorney line item. COMMISSIONER LETZ: So moved. COMMISSIONER OEHLER: Second. JUDGE TINLEY: Motion made and seconded. Any question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 72 JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Budget Amendment Request 7. MR. TOMLINSON: Seven is for the 198th District Court and the County Jail, to transfer $7,642.18 from Jailer Salaries, with $6,359.50 to Court-Appointed Attorneys and $1,282.68 to Civil Court-Appointed Attorney line item. COMMISSIONER WILLIAMS: So moved. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded. 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: Motion carried. Budget Amendment Request 8. MR. TOMLINSON: Okay, 8 is for the Sheriff's Department, to transfer $233.10 from Dispatchers line item to Employee Medical Exams. COMMISSIONER LETZ: So moved. COMMISSIONER OEHLER: Second. JUDGE TINLEY: Motion made and seconded. Any question or discussion? All in favor of the motion, signify 7-9-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 73 by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion carried. Budget Amendment Request 9. MR. TOMLINSON: Okay, 9 is for the Constable, Precinct 1, for $4.95, to increase his budget by that amount to recognize the donation -- or the balance of a donation of $4.95. COMMISSIONER BALDWIN: So moved. COMMISSIONER WILLIAMS: Second. COMMISSIONER OEHLER: Second. JUDGE TINLEY: Motion made and seconded. 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 10. MR. TOMLINSON: Okay, 10 is for Constable, Precinct 3, to transfer $50 from his Miscellaneous line item to Training. COMMISSIONER LETZ: So moved. 7-9-07 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER OEHLER: Second. JUDGE TINLEY: Motion made and seconded. 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: Motion carried. Budget Amendment Request 11. MR. TOMLINSON: Eleven is from the County Attorney, to transfer $1,000 from Office Supplies to Books, Publications and Dues. COMMISSIONER WILLIAMS: So moved. COMMISSIONER LETZ: So moved. Rex, your signature's getting worse the longer you're in office, by the way. MR. TOMLINSON: Is that a signature? COMMISSIONER LETZ: It used to be you'd be able to see an "R" and kind of an "E" and an "X," but now I kind of see an "R." JUDGE TINLEY: Any question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) 7-9-07 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Motion carries. Budget Amendment Request 12. MR. TOMLINSON: Twelve is for the District Clerk, to transfer $1,000 from her Part-Time Salary line item to Overtime. COMMISSIONER WILLIAMS: So moved. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. What caused that? MR. TOMLINSON: I'm -- I think she's anticipating some -- some overtime for the balance of the year. I think that's what she's trying to do. I think she's had overtime already. She's just increasing that line item. JUDGE TINLEY: She's overdrawn in that account, but in part it's to cover that also. 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: Motion does carry. Any other budget amendments? MR. TOMLINSON: No. JUDGE TINLEY: Do we have any late bills? MR. TOMLINSON: No. JUDGE TINLEY: I've been presented with monthly 7-9-07 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 reports from the Constable, Precinct Number 1, and Constable, Precinct Number 4. Do I hear a motion that these reports be approved as presented? COMMISSIONER BALDWIN: So moved. COMMISSIONER OEHLER: Second. JUDGE TINLEY: Motion made and seconded as indicated. Any question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Any member of the Court have any reports to offer in connection with their liaison or other assignments? COMMISSIONER BALDWIN: Judge, I have here in my hand the monthly report from J.P. 1 that I got out of my box. But did it come in too late to hit this meeting, or why didn't you do this? JUDGE TINLEY: I also got one of those. Apparently, it didn't make it in to the Commissioners Court clerk to be included with the monthly reports to be approved. COMMISSIONER BALDWIN: Okay. All right. I was just wondering. JUDGE TINLEY: Any other -- COMMISSIONER BALDWIN: No. ~-9-0~ 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 JUDGE TINLEY: -- words of wisdom you have for us? COMMISSIONER BALDWIN: No, sir, I do not. JUDGE TINLEY: Would you like to discuss the 198th District Court budget a little bit? COMMISSIONER BALDWIN: I would, very much so. I appreciate the offer, Judge. COMMISSIONER WILLIAMS: You're all heart. JUDGE TINLEY: Commissioner Williams? COMMISSIONER WILLIAMS: In case you haven't read it in the local print media, our colleague, Commissioner Letz, is now the president of the Airport Board, and we want to wish him well in his tenure in that role. And he will do an absolutely fantastic job, I'm confident. COMMISSIONER BALDWIN: Bill, was he there a full day before war was waged? COMMISSIONER WILLIAMS: He was there 30 minutes. COMMISSIONER BALDWIN: Thirty minutes, I see. He's getting better at this, isn't he? COMMISSIONER WILLIAMS: A full 30 minutes before the topic hit the desk -- table top. And so I want to wish him well. He's very cognizant of the issues, and he's already working to resolve some of them, and he'll do good. COMMISSIONER BALDWIN: Yeah, he will. JUDGE TINLEY: Anything else? COMMISSIONER WILLIAMS: No, sir. That's enough. 7-9-07 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 JUDGE TINLEY: Commissioner Letz? COMMISSIONER LETZ: I will follow it up. Shortly after the -- or two days after the fireworks started, which were unintentional, I had a long meeting with the City Manager, and we're working through some issues, and I think we will be presenting a plan to the Airport Board at our September meeting. COMMISSIONER BALDWIN: Everything's good as long as you get your way. (Laughter.) COMMISSIONER LETZ: And -- COMMISSIONER BALDWIN: That's the way it is. COMMISSIONER WILLIAMS: Would that be the A plan or the B plan? COMMISSIONER LETZ: The A plan. Another item, and Len didn't bring it up, but I want to bring it up. Hill Country Co-Op is in the process of putting a fiberoptic line out to Lane Valley Road, and Len and Doug Koennecke and myself and the whole staff are going to go up looking at where this line gets located. The reason is, there's a long -- it's nothing related to the future development out in Lane Valley that may or may not happen. There's some changes that -- a long -- I guess Len and I have felt for a long time need to be made in the right-of-way on Lane Valley. Hill Country Co-Op is -- they know where they want to put their line, but they want to put it right off into the private property outside the 7-9-07 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 fence line, which is right where we need to require some right-of-way, hopefully. And I met with Lee Voelkel and some of his people; we went out and did a -- got an idea as to what it's going to cost to do a survey of that whole road, as far as it goes right now, and kind of look at it so we can coordinate with Hill Country Co-Op before they start trenching early in the fall as to where that line should go, so the County doesn't have to spend a lot of money to move that line if we do require additional right-of-way on the road. The cost to do this is around $5,000 to $10,000, and this is to GPS the road itself and all the fence lines. These are all prescriptive easements. Len has that amount available in his right-of-way budget or in some projects he may not get to. Won't be a -- but I did want to bring it up, and if -- if it's felt by anyone on the Court that this needs to be an agenda item, this is a fairly large expenditure, though I think it is within Len's prerogative to do it under his right-of-way budget. He does too, but we just wanted to bring that up. So, if anyone has any comments, let me or Len know A.S.A.P. and we'll get it on the next agenda for Court approval. If not, we'll just proceed as we think it's his purview to do this, as I think it is. That's it. JUDGE TINLEY: Commissioner Oehler? COMMISSIONER OEHLER: Ag Barn -- we need to start calling it, I think, the Kerr County Exhibition Center rather 7-9-07 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 than the Ag Barn. But the progress out there, most of the stalls have been taken down. Part of them -- I think they took three up to Animal Control to use to hold some animals when they get them, like big animals, you know, horses or donkeys or mules, you know, snakes or whatever that they can put in some of them. Plus there's been a -- all the ones that we wanted to be put back up have been put up. They're ready for use on the southwest corner of the Exhibition Center and/or arena part. Animal Control has also built a shelter and a pen to hold animals so that whenever we're having a stray problem, they, you know, have a proper place to do it there where they don't have to run back and forth and feed and check, that sort of thing, as we get those animals at the Ag Barn. You know, we take them in as strays. Environmental Health, Mr. Shaver has gotten his certification to be a D.R., so he is -- he's been through all the whole job now as far as inspections and that sort of thing. And, let me see, what did I -- Library Board, now we have a new board member, and I'm looking forward to that. And that's -- I hope that's all. That's it. JUDGE TINLEY: Thank you. COMMISSIONER WILLIAMS: Judge, when is our first meeting with the City -- or our meeting with the City? JUDGE TINLEY: August something. COMMISSIONER LETZ: August 5th -- 6th. ~-9-0~ 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 MS. GRINSTEAD: 6th. COMMISSIONER WILLIAMS: August 6th. 9 o'clock? JUDGE TINLEY: 8 o'clock. COMMISSIONER WILLIAMS: 8 o'clock. Don't want to miss breakfast. COMMISSIONER OEHLER: Have you offered, Commissioner Letz, that maybe we just take over the airport and they could have the library? COMMISSIONER WILLIAMS: We suggested that before. COMMISSIONER LETZ: I brought that up in the past. I didn't bring it up in the past week. COMMISSIONER OEHLER: I really think it would be a good trade-off. COMMISSIONER WILLIAMS: We suggested that before. COMMISSIONER OEHLER: Then that way, we could hire our own person, or we could designate the Airport Board to be in charge of that person, as they should be, and do the hiring and the -- the direction that's needed. COMMISSIONER WILLIAMS: Get your speech ready on August 6th; you can deliver it again. JUDGE TINLEY: Do we have any reports from any elected officials or department heads? Any other business to come before the Court this morning? COMMISSIONER LETZ: Congratulations, Judge. This is a record. 7-9-07 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: We stand adjourned. (Commissioners Court adjourned at 10:35 a.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 11th day of July, 2007. JANNETT PIEPER, Kerr County Clerk BY: ~~---- Kathy anik, Deputy County Clerk Certified Shorthand Reporter 7-9-07 ORDER NO. 30353 APPOINTMENT OF ELECTION JUDGES AND ALTERNATES Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Letz, seconded by Commissioners Baldwin/Williams. The Court unanimously approved by vote of 4-0-0 to: Approve the appointment of Election Judges and Alternates for a term of one (1) year in accordance with the Texas Election Code Section 32. ORDER NO. 30354 CONSOLIDATING POLLING LOCATIONS Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve consolidating polling locations in accordance with Chapter 43 of the Texas Election Code: Precinct 1 -River Hills Ma11 Precinct 2 -Union Church Precinct 3 -Courthouse Precinct 4 -Ingram Presbyterian Church Early Voting -Courthouse ORDER NO. 30355 DIRECT PAYMENT OF SALARY OF COUNTY AUDITOR AND RECORD DISTRICT JUDGES' ACTIONS Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Letz, seconded by Commissioners Williams. The Court unanimously approved by vote of 4-0-0 to: Direct payment of the salary of the County Auditor and record the actions of the District Judges per the attached Second-Amended Order Appointing County Auditor. ORDER NO. 3 03 56 USE OF ROAD AND BRIDGE SURPLUS FUNDS FROM ITEMS SOLD ON E- BAY Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Approve payment of the Note on the Zipper in the amount of $28,987.89, purchase of a FEMA Surplus Mobile Home for Ingram Yard Office in the amount of $8,000.00 and the cost of moving the mobile home. ORDER NO. 30357 FINAL PLAT OF ALCORTA ACRES Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Williams, seconded by Commissioner Letz. "I'he Court unanimously approved by vote of 4-0-0 to: Approve the final plat of Alcorta Acres as presented, with a variance on lot size to allow Lot 1 to be recorded as 1.62 acres, as identified on the plat. ORDER NO. 30358 CONCEPT PLAN FOR LOT 1 OF THE HOMESTEAD cr TURTLE CREEK Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Set a Public Hearing for Lot 1, The Homestead @ Turtle Creek, for August 13, 2007 at 10:00 a.m. ORDER NO. 30359 CONCEPT OF REVISION OF PLAT FOR LOTS 50 & 51 OF HIGHLANDS RANCH Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Baldwin, seconded by Commissioner Oehler. ~I`he Court unanimously approved by vote of 4-0-0 to: Set a Public Hearing for the Concept of Revision of Plat for Lots 50 & 51 of Highlands Ranch for August 13, 2007 at 10:05 a.m. ORDER NO. 3 03 60 REVISION OF PLAT FOR FALLING WATER, LOTS 130, 130A & 127R Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Letz, seconded by Commissioners OehlerBaldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the revision of Plat for Falling Water, Lots 130, 130A & 127R, Volume 6, Page 393, Volume 7, Page 29 and Volume 7, Page 260, Precinct 3. ORDER NO. 30361 DIRECT DEPOSIT POLICY FOR PAYROLL Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. "The Court unanimously approved by vote of 4-0-0 to: Adopt the policy that a final payroll check for any employee will be made by a hard check, not by direct deposit. ORDER NO. 3036? PLAT FILING REQUIREMENTS FOR KERB COUNTY SUBDIVISION RULES AND REGULATIONS Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Modify plat filing requirements for Kerr County Subdivision Rules and Regulations by adopting, and making effective August 1, 2007, that a mylar is no longer required, and eliminating the size on plats, except that the width can be no wider than 3 6" . ORDER NO. 30363 ANNUAL AUDIT OF ESD #1 AND ESD #2 Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Oehler, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Authorize the County Auditor to perform an annual audit of ESD # 1 and ESD #2. ORDER NO. 3 03 64 FEASIBILITY ANALYSIS FOR WASTEWATER SERVICES FOR CENTER POINT AND EASTERN KERB COUNTY Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Set a Public Meeting for July 26, 2007 at 7:00 p.m, at the Center Point ISD Cafeteria for purposes of presenting a Final Draft of Feasibility Analysis for Wastewater Services for Center Point and Eastern Kerr County as required by Contract with Texas Water Development Board. ORDER NO. 30365 2008 TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROURAM FOR COLONIA PLANNING IN CENTER POINT Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Set a Public Hearing for July 13, 2007 at 5:00 p.m. in the Commissioners' Courtroom regarding Kerr County's possible participation in the 2008 `T'exas Community Development Block Grant Program for Colonia Planning in Center Point, with GrantWorks to conduct the meeting. ORDER NO. 30366 LIBRARY BOARD Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Oehler, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Recommend that we place Janet Moseley as the new County I_,ibrary Advisory Board Member. ORDER NO. 30367 UNCLAIMED CAPITAL CREDITS FROM ELEC1'IZIC. COOYEIZATIVE Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Williams. 'I`he Court unanimously approved by vote of 4-0-0 to: Request unclaimed Capital Credits received from Electric Cooperative pursuant to Section 74.602 of the Texas Property Code, from the i`exas Comptroller of Public Accounts, and authorize the County Judge to prepare a letter of request. ORDER NO. 30368 LETTER OF INTENT TO KENDALL COUNTY WATER CON"TROL Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Approve a Letter of Intent as submitted by the Court, to Kendall County Water Control & Improvement District No. 1 to negotiate an Intergovernmental Agreement to accept wastewater flows from the proposed Center Point/Eastern Kerr County Sewer Collection/Transmission System and provide wastewater treatment services, and other related matters. ORDER NO. 30369 CLAIMS AND ACCOUNTS Came to be heard this the 9th day of July, 2007, came to he considered by the Court various Commissioners Precincts, which said Claims and Accounts are: Accounts Expense 10-General $ 102,236.82 12-Election Services $ 1,767.62 14-Fire Protection $ 14,190.49 15-Road & Bridge $ 51,752.76 19-Public Library $ 36,972.25 50-Indigent Health Care $ 19,949.75 76-Juv Detention Facility $ 2,172.19 TOTAL $ 229,041.88 Upon motion made by Commissioner Baldwin, seconded by Commissioner Williams, the Court unanimously approved by vote of 4-0-0 to pay the claims and accounts. ORDER NO. 3 03 70 BUDGET AMENDMENT #~ 1 NON-DEPARTMENTAL COMMISSIONERS' COUR"T, Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Amendment Expense Code Description Increase/()Decrease 10-409-206 Bonds + $1,617.00 10-401-105 Secretary - ($692.00) 10-409-480 Property Insurance - ($385.00) 10-409-564 Mainframe Maintenance - ($540.00} ORDER NO. 3 03 71 BUDGET AMENDMENT #2 COUNTY AUDITOR Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Williams, seconded by Commissioners L,etz/Oehler, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-495-563 Software Maintenance 10-495-485 Conferences Amendment Increase/()Decrease + $220.00 - ($220.00) ORDER NO. 30372 BUDGET AMENDMENT #3 HUMAN RESOURCES Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-493-563 Software Maintenance 10-493-202 Group Insurance Amendment Increase/()Decrease + $73.65 - ($73.65) ORDER NO. 30373 BUDGET AMENDMENT #4 JURY Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Amendment Expense Code Description Increase/()Decrease 10-434-496 Interpreters + $674.00 10-434-331 Operating Supplies - ($674.00) ORDER NO. 3 03 74 BUDGET AMENDMENT #5 COUNTY JAIL Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Amendment Expense Code Description Increase/()Decrease 10-512-220 Employee Medical Exams + $150.00 10-512-331 Operating Supplies + $1,255.57 10-512-333 Prisoner Medical + $7,119.57 10-512-104 Jailer Salaries - ($8,525.14; ORDER NO. 30375 BUDGET AMENDMENT #6 216TH DISTRICT COURT COUNTY JAIL Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-435-402 Court Appointed Attorney 10-435-403 Civil Court Appointed Atty 10-512-104 Jailer Salaries Amendment Increase/()Decrease + $1,151.50 + $1,539.65 - ($2,691.15) ORDER NO. 30376 BUDGET AMENDMENT #7 198TH DISTRICT COURT COUNTY JAIL Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Amendment Expense Code Description Increase/ODecrease 10-436-402 Court Appointed Attorney + $6,359.50 10-436-403 Civil Court Appointed Atty + $1,282.68 10-512-104 Jailer Salaries - ($7,642.18) ORDER NO. 30377 BUDGET AMENDMENT #8 SHERIFF'S DEPARTMENT' Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-560-220 Employee Medical Exams 10-560-107 Dispatchers Amendment Increase/()Decrease + $233.10 - ($233.10) ORDER NO. 30378 BUDGET AMENDMENT #9 GENERAL FUND CONSTABLE PCT. # 1 Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Baldwin, seconded by Commissioners Williams/Oehler, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-370-300 Various Refunds 10-551-499 Miscellaneous Amendment Increase/ODecrease + $4.95 + $4.95 *-To recognize balance of donation funds received 06/11/07 by Constable Pct. 1 for use in his budget. Note: Budget Amendment dated 6/25/07 had incorrect amount listed of $50.05, should have been $55.00. (Please see attached copy of document.) ORDER NO. 30379 BUDGET AMENDMENT # 10 CONSTABLE PCT. #3 Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Amendment Expense Code Description Increase/()Decrease 10-553-487 Training School + $50.00 10-553-499 Miscellaneous - ($50.00) ORDER NO. 30380 BUDGET AMENDMENT # 11 COUNTY ATTORNEY Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Williams, seconded by Commissioner Lett, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-475-315 Books, Publications, Dues 10-475-310 Office Supplies Amendment Increase/()Decrease + $1,000.00 - ($1,000.00) ORDER NO. 30381 BUDGET AMENDMENT # 12 DISTRICT CLERK Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Williams/Letz, seconded by Commissioner Baldwin, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Amendment Expense Code Description Increase/()Decrease 10-450-112 Overtime + $1,000.00 10-450-108 Part-Time - ($1,000.00) ORDER NO. 3 03 82 MONTHLY REPORTS Came to be heard this the 9th day of July, 2007, with a motion made by Commissioner Baldwin, seconded by Commissioner Oehler, the Court unanimously approved by vote of 4-0-0 the following monthly reports: Constable Pct. # 1 Constable Pct. #4