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, December 8, 2008 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 00 D ~O O 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 December 8, 2008 --- Commissioners' Comments 1.1 Consider/discuss, take appropriate action on appointing an interim Subdivision Administrator 1.2 Consider/discuss, take appropriate action on presentation of County Treasurer's monthly report for October 2008 for examination and acceptance 1.3 Consider/discuss, take appropriate action on request from Kerrville/Kerr County Joint Airport Board for extension of audit due date 1.4 Consider/discuss, take appropriate action to reappoint Janet Moseley to Library Board for a 3-year term 1.5 Consider/discuss, take appropriate action on complaint from David L. John regarding action taken at October 27, 2008 Commissioners Court meeting which approved Environmental Health Department issuing an injunction against Dave's Place Backdoor Pottery located at 170 Center Point River Road East 1.6 Consider/discuss, take appropriate action to authorize request for funding from UGRA and other state agencies to assist with the cleaning of Flat Rock Lake and Ingram Lake 1.7 Consider/discuss, take appropriate action to designate Commissioners' and Judge's liaison appointments for various functions for calendar year 2009 1.10 Consider/discuss, take appropriate action to discuss swearing-in ceremony of newly elected officials in District Courtroom #1 at 10 a.m. on January 1, 2009 l.ll Consider/discuss, take appropriate action to adopt an order, based on the burn ban status, prohibiting the sale or use of restricted fire- works in any portion of the unincorporated area of Kerr County PAGE 6 12 16 17 19 19 21 23 25 27 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) December 8, 2008 PAGE 1.12 Consider/discuss, take appropriate action to appoint Coral Adema to represent Kerr County on Alamo Area Agency on Aging Advisory Committee 28 1.13 Consider/discuss, take appropriate action to approve an interlocal agreement between Kerr County and AACOG for collection and processing of data to designate census tracts for planning and census purposes 29 1.14 Consider/discuss, take appropriate action to approve contract with Divide Volunteer Fire Department; allow the County Judge to sign same 31 1.15 Consider/discuss, take appropriate action on joint resolution with City of Kerrville in support of gift by HEB and its initiation of efforts to rehabilitate/renovate & expand the Butt-Holdsworth Memorial Library facilities 31 1.17 Consider/discuss, take appropriate action to proclaim second Tuesday in January as Volunteers for Democracy Day 34 1.18 Consider/discuss, take appropriate action to approve Library Agreement between City of Kerrville and Kerr County 35 1.19 Consider/discuss, take appropriate action to approve resolution for submission of Victims of Crime Act grant proposal for 2009-2010 to Office of the Governor, Criminal Justice Division 38 1.20 Consider/discuss, take appropriate action to approve appointment of County Treasurer Mindy Williams as financial officer for the Victims of Crime Act grant; authorize County Judge to notify Governor's office of the change within 14 days of this court order 38, 84 1.21 Consider/discuss, take appropriate action to approve proposed Kerr County Indigent Health policy 42 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 I N D E X (Continued) December 8, 2008 PAGE 1.22 Consider/discuss, take appropriate action on joint agreement between Kerr County and City of Kerrville with Normandy Group for governmental relations assistance to obtain federal government funding or other assistance for economic development projects and infra- structure and facilities needs 45 1.8 Public Hearing to abandon, vacate, and dis- continue the 21.20-acre portion of land from recorded plat of Comanche Caves Ranch, Vol. 4, Page 209, Precinct 4 54 4.1 Pay Bills 55 4.2 Budget Amendments -- 4.3 Late Bills -- 4.4 Approve and Accept Monthly Reports 60 1.9 Consider/discuss, take appropriate action to abandon, vacate, and discontinue the 21.20-acre portion of land from recorded plat of Comanche Caves Ranch, Vol. 4, Page 209, Precinct 4 60 1.23 Consider/discuss, take appropriate action regarding new employee and three employees whose jobs have been changed due to employee termination 66 1.16 Consider/discuss, take appropriate action to determine status of right-of-way for Bayless Drive North in Hill Country Ranch Estates 99 5.1 Reports from Commissioners/Liaison Committee Assignments --- 5.2 Reports from Elected Officials/Department Heads 114 --- Adjourned 116 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 On Monday, December 8, 2008, 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 posted and scheduled for this time and date, Monday, December the 8th, 2008 at 9 a.m. It is a bit past that time now. Commissioner Oehler? COMMISSIONER OEHLER: Please rise for a moment of prayer, and followed by the pledge of allegiance. (Prayer and pledge of allegiance.) JUDGE TINLEY: At this time, if there's any member of the audience or the public that wishes to be heard on any matter that is not a listed agenda item, now is your time to come forward and tell us what's on your mind. If you wish to be heard on an agenda item, we'd ask that you fill out a participation form. They're located at the back of the room. It's not essential that you do that; it helps me to know that there's someone that wishes to be heard on that item when we get to it, so that I don't overlook you. But if we happen to get to an agenda item and you wish to be heard on that, and you've not filled out a participation form, just get my iz-s-os 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 attention in some manner and I'll see that you have the opportunity to be heard on that item. But right now, if there's any member of the public or audience that wishes to be heard on any matter that is not a listed agenda item, please feel free to come forward at this time and tell us what's on your mind. Seeing no one coming forward, we will move on. Commissioner Oehler, what do you have for us this morning? COMMISSIONER OEHLER: Well, one thing that's kind of a little positive news, I guess, the other day -- about our Ingram Lake cleaning project. It seems that there's a lot of interest in that silt that's in that lake, and that some of the contractors are able to sell that, and the landowners are not having to pay for the removal of it in some instances. So, that's food for thought for the upcoming draining of Flat Rock, and also maybe more work to be done at Ingram, that it could possibly be done at no cost to the County, or very minimal cost. COMMISSIONER WILLIAMS: Interesting. COMMISSIONER LETZ: Mm-hmm. COMMISSIONER OEHLER: Some food for thought. We'll figure out a way to go about it with the County Attorney's blessing, maybe getting RFP's or something at some point of how we can do that, and hopefully this could be a wonderful thing for people that want this material, and for us too, to 12-8-08 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 not spend the kind of money that we think we may have to. We may have to spend some, but hopefully, if everything were to work right, and it's -- no reason why it can't if we work at it a little bit, I believe. COMMISSIONER LETZ: Following up -- I can't discuss it, nevermind. I think that should be a good agenda item in the future. COMMISSIONER OEHLER: Okay. That's all. JUDGE TINLEY: Okay. Now, for the Tivy sports report, we'll go to Commissioner 1. COMMISSIONER BALDWIN: Well, before we get to Tivy sports, ask them to keep an eye out for my Tivy senior ring. (Laughter.) And there's a James Avery cross I lost in there about '66. COMMISSIONER OEHLER: There's some boys that are doing some digging, and they're finding things, but I'll tell them to be sure to look for that. COMMISSIONER BALDWIN: Yeah, I'd like to have my senior ring back. The Tivy Antlers are one of four teams left in the state of Texas. What else do I need to say? COMMISSIONER WILLIAMS: In Division 4? In their division? COMMISSIONER BALDWIN: In Division 2 of classification 4A, that's correct. We don't care about those other classifications. iz-s-os 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 COMMISSIONER WILLIAMS: I understand. COMMISSIONER BALDWIN: Yeah. That's all. JUDGE TINLEY: That's it for today? COMMISSIONER BALDWIN: That's it for today. COMMISSIONER WILLIAMS: Life is good. JUDGE TINLEY: Commissioner Williams? COMMISSIONER WILLIAMS: Couple things, Judge. There have been a lot of pieces of correspondence flying back and forth out of T.C.E.Q. with respect to Wheatcraft, and there's going to be an administrative hearing on some of the issues about the air quality permit that Mr. Wheatcraft seeks for his rock crusher. The date and time and place have not yet been decided, but with respect to place, I was in Center Point for a little Christmas gathering last Saturday, and the issue of where to conduct that hearing came up, and looking for a spot. So, with the Court's approval, I would like to be in a position to offer them either the Ag Barn, set up in auditorium style, at the proper time if there's not a conflict. Either at the exhibit hall, or perhaps the 216th District Court, depending on what's available for that administrative. hearing. COMMISSIONER BALDWIN: Courtroom would be cheaper, wouldn't it? COMMISSIONER WILLIAMS: Probably. COMMISSIONER BALDWIN: I'm kidding. I'm kidding, 12-8-08 9 1 I Bill. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Secondly, for those of you who have nothing to do next Sunday evening about 6 o'clock, the Center Point folks begin their Christmas celebration with their march down the street with the candle lights and Christmas lighting ceremony in the historical park. Everybody's welcome to attend. That's it. JUDGE TINLEY: Thank you, sir. Commissioner Letz? COMMISSIONER LETZ: For those that were able to attend the Christmas in Comfort, it was a really nice event. It was probably the best attended that I can remember; it was just absolutely packed, largely due to the beautiful weather we had. Even though it was dry, it was very pleasant to be outdoors, 60's, 40's. Huge turnout. Huge. I think there was 96 entries in the parade. It was big. A lot of the big floats out of San Antonio came up for it; the Lutheran Coronation, I think it was, one of the biggest. So, that was a good event. I spent a good part of last week in Austin visiting with representatives of various groups on some of the stuff I've been working on through the Hill Country County Coalition. It -- there's a great deal of interest on the 231 bill, which is to give additional authority to the 15 counties. A little bit less enthusiasm on trying to tackle the 232 changes, because they're afraid of getting beat up too much statewide. I think local bills are a lot easier for 12-8-08 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 them to tackle than statewide bills. But both of them are progressing, and I've got an additional meeting set up in the coming weeks. COMMISSIONER OEHLER: Judge, I have one more thing when Jonathan is through that I forgot to mention. COMMISSIONER LETZ: That's it. COMMISSIONER OEHLER: Last week I had some calls from constituents along Highway 27 that own businesses there between basically the city limits of Kerrville and Ingram, all the way in that area where you have all those little restaurants and glass companies and Bernhard's lockers and all those, and I was -- been working a little bit with Danny Edwards, or kind of getting information from him about the new sewer system that's supposed to be going into Ingram at some point in time. We don't know exactly when that's going to be, but it should happen or start happening before too long. There is -- there are two lines in the ditch that come from the elementary school going toward Kerrville. One of those lines is going to become a dead line. The school is going to gravity flow into the line in Ingram that they -- on the new system they're proposing. And so I contacted Todd Bock last week and asked him if there was some way that we could come to an agreement with Kerrville to take those other -- once that line becomes dead, for those businesses to be able to access that line and flow that water to the City of i2-s-os 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Kerrville for treatment so we can get those businesses off of septic. He was very receptive and said he would carry the ball forward. COMMISSIONER WILLIAMS: The existing line's going to be abandoned? Is that what you're saying? COMMISSIONER OEHLER: Existing line -- there are two lines that -- when they built the elementary, they put two lines in the same ditch for future -- you know, with Ingram, someday we'll maybe be able to hook on, and so one of those is a forced main. COMMISSIONER WILLIAMS: Okay. COMMISSIONER OEHLER: And it's a forced main right now from the Ingram school, but they're going to discontinue that. And even those businesses along there, some of them would be willing to hook into it right now, putting in their lift stations. COMMISSIONER WILLIAMS: If it's -- COMMISSIONER OEHLER: Pressurized -- COMMISSIONER WILLIAMS: If it's reactivated, will there have to be a pressure main? COMMISSIONER OEHLER: Well, we don't know that. I haven't gotten that far with the plans, but one way or the other, I'm pretty sure some of it will gravity flow. Some of it may not, but that remains to be determined. But I thought it was real good that the City of Kerrville and Todd said he 12-8-08 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would carry it forward and see what kind of an answer he can get. But they're -- they have -- they have capacity, and they think it's a good idea to get the people, as many as they can, off of septic as soon as possible. And that -- that would really be a big help along there, because we're using up a lot of valuable land for drainfields and what-have-you now that can be turned into residen -- I mean commercial property. Anyway, I just wanted to make that little report. JUDGE TINLEY: Future progress. COMMISSIONER OEHLER: Well, can't -- can't do anything if we don't ask. JUDGE TINLEY: That's right. Thank you, Commissioner. Let's get on with our agenda, if we might. The first item on the agenda is to consider, discuss, and take appropriate action on appointing an interim Subdivision Administrator. Commissioner Letz? COMMISSIONER LETZ: I put this on the agenda after a basic conversation I had with Kelly probably two weeks ago about what are we going to do in the interim. 'Cause there's a slot that has to be signed on our plats, to get a signature on, and there's -- we just need to make that decision. And the person that probably makes the most sense to me is Wayne Wells. And we'd incur a fee for it, but he's knowledgeable. He's familiar with our rules, and I think that he's going to 12-8-08 13 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 be looking at these plats for the most part anyway, so I think that he's the best choice. The other -- I talked to Kelly, and, you know, she's got a pretty steep learning curve. This is a little bit too much, I think, to ask her to do. And, you know, I guess the only -- whoever else. I mean, doesn't make any difference to me who it is, but someone needs to be designated, 'cause we actually may have one coming through pretty soon, maybe today. COMMISSIONER BALDWIN: What -- what does that consist of? What do they do, other than just signing off on it? Is he going to go out in the field? COMMISSIONER LETZ: I think he has to review, make sure that everything on the plat is correct. COMMISSIONER BALDWIN: So, that may be a considerable amount of money over and above, or what do you think? COMMISSIONER LETZ: What's his rate, 70? Kelly? MS. HOFFER: It went up to 60. COMMISSIONER LETZ: Up to 60? MS. HOFFER: I think it went up to $60. COMMISSIONER LETZ: $60, I would think that it -- you know, Kelly's going to be doing a lot of legwork, I'm sure, so probably one to two hours a plat, you know. One to three, something like that. MS. HOFFER: I did drop some plats off to Leonard is-s-os 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that he reviewed, so he may be open to signing on the one that I've got coming up for next agenda, but I still think it's a good topic of discussion, just in case something happens. COMMISSIONER OEHLER: Do we have very many plats that you know about that are pending? MS. HOFFER: No, we have one for the next agenda, the Cypress Springs. They're just putting those two lots together, that 46A and 47A. COMMISSIONER OEHLER: Oh, yeah. MS. HOFFER: That's it. Leonard has approved on there; we were just waiting for a final. COMMISSIONER OEHLER: Do you know if there's a tremendous hurry to get this done, or can it maybe wait three weeks or so until Leonard comes back? MS. HOFFER: I would have to call Lee Voelkel. COMMISSIONER LETZ: I mean, I think that there's a possibility that Leonard can do some of this, you know, while he's at home. This one, I think Leonard would sign off on. It's -- I mean, he's already said everything looks fine there. COMMISSIONER OEHLER: It's -- we've already done -- MS. HOFFER: Yeah. COMMISSIONER OEHLER: -- just about everything there is to do. iz-a-os 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 MS. HOFFER: We started on it before he was off. COMMISSIONER WILLIAMS: What do we know about Leonard's return in terms of time? MS. HOFFER: 5th of January is what he told me. COMMISSIONER OEHLER: That's not very far off. COMMISSIONER LETZ: No. JUDGE TINLEY: Commissioner, is it -- is it your intent by this agenda item to appoint an alternate that's available in the absence of -- of the regular Subdivision Administrator? COMMISSIONER LETZ: Yes, sir. JUDGE TINLEY: On an ongoing basis, for whatever reason that the primary is not available? Is that kind of where you're coming from? COMMISSIONER LETZ: I wasn't really thinking of it being permanent, but it'd probably make sense to do it that way. And I think where we can, it's not replacing him; it's just adding an addition if Leonard's not available for whatever reason, and then we have someone that -- I just hate to hold up work for the public just because we have someone who can't sign something, you know, even though they're -- COMMISSIONER BALDWIN: May or may not use it. COMMISSIONER LETZ: May or may not ever use it. COMMISSIONER BALDWIN: I'll second it. COMMISSIONER LETZ: I make that motion, that we 12-8-08 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 appoint Wayne Wells as our alternate Subdivision Administrator, and be compensated at rates under our contract. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: We have a motion and a second. Question or discussion on that motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. We'll move to Item 2; consider, discuss, and take appropriate action on the presentation of the County Treasurer's monthly report for October 2008 to Commissioners Court for the Court's examination and acceptance. Ms. Williams? MS. WILLIAMS: Yes, good morning. The County Clerk brought to my attention something that I had not been aware of, that I'm supposed to be providing the Court with a financial report every month. I didn't realize this was supposed to be done. I apologize for letting the ball drop. But, anyway, going forward, you will be getting a monthly report -- financial report. I basically used another county's format and just set it up to where it would accomplish what we needed here with all our accounts. It does need to be accepted and signed off by the Court, and 12-8-08 17 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 then it has to be posted on the County's web site. So, if there are any questions, I'll try to answer them for you. COMMISSIONER BALDWIN: I like the little report. Looks good. COMMISSIONER LETZ: Yeah. COMMISSIONER BALDWIN: I move to accept whatever it is. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made to accept the Treasurer's October 2008 monthly report. MS. WILLIAMS: And hopefully I'll be able to get the November report to you at the next court meeting. JUDGE TINLEY: Very good. COMMISSIONER BALDWIN: Fantastic. JUDGE TINLEY: Any further question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. MS. WILLIAMS: Thank you. JUDGE TINLEY: We'll go to Item 3; consider, discuss, take appropriate action on request from the Kerrville/Kerr County Joint Airport Board for extension of 12-8-08 18 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 audit due date. I don't see Mr. Bobertz here present. MS. GRINSTEAD: He was not able to attend. JUDGE TINLEY: Yeah. I think it's pretty self-explanatory with the backup material. COMMISSIONER WILLIAMS: I move approval, Judge. COMMISSIONER LETZ: Second. COMMISSIONER WILLIAMS: Of the extension. JUDGE TINLEY: To March 31? COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: Of '09? COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: Very good. We have a motion and a second. Further question or discussion on that motion? COMMISSIONER BALDWIN: Just a quick -- quick question. The audit, is it required by the State because there are TexDOT moneys in this thing? COMMISSIONER WILLIAMS: It's required by our new interlocal agreement with the City. COMMISSIONER BALDWIN: So we have the authority to move it any way we want to? COMMISSIONER WILLIAMS: Yes. COMMISSIONER BALDWIN: Very good. Thank you. JUDGE TINLEY: Further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) 12-8-08 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 JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. We will move to Item 4; to consider, discuss, take appropriate action to reappoint Janet Moseley to the Library Board for a three-year term. Commissioner Oehler? COMMISSIONER OEHLER: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Now we'll move to Item 5; consider, discuss, and take appropriate action on complaint from David L. John regarding action taken at -- on the October 27th, 2008 Commissioners Court, which approved Environmental Health Department issuing an injunction against Dave's Place Backdoor Pottery located at 170 Center Point River Road East. Mr. Johns? MR. JOHN: Good morning, Judge. Good morning, Commissioners. JUDGE TINLEY: Excuse me, Mr. John. 12-8-08 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. JOHN: Yes. COMMISSIONER OEHLER: Morning. MR. JOHN: I provided y'all with a sworn deposition; I think y'all got it. Just some things have come to light that I have to make you aware of this morning. We went to court on Wednesday. At that time, the County Attorney requested a continuance on the case in J.P. court. Friday afternoon, I received a phone call from my attorney that the County Attorney's office had contacted him and had asked me if I would table this item until the next Commissioners meeting. So, out of respect for the County Attorney, my attorney, and this Court, that's what I'm here to do. JUDGE TINLEY: Very good, sir. You will -- you will make a request to have this item put back on the agenda when you desire to be heard? MR. JOHN: Yes, that is my request now. JUDGE TINLEY: Very good. Are you specifically asking that it be put on the December -- MS. GRINSTEAD: 22nd. JUDGE TINLEY: -- 22nd agenda? Or are you asking that we wait until we hear from you to put it on the agenda? MR. JOHN: I guess wait till my attorney says something to me. JUDGE TINLEY: Okay. is-s-os 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 MR. JOHN: Because right now, -- JUDGE TINLEY: You'll let us know? MR. JOHN: -- everything is sitting in limbo. I don't know what's going on. JUDGE TINLEY: Okay. When you want it back on, you'll give us a call, and we can get it put back on. MR. JOHN: Yes, sir. JUDGE TINLEY: Very good. Thank you, sir. MR. JOHN: Thank you for your time. JUDGE TINLEY: Let's move to Item 6, if we might; consider, discuss, take appropriate action to authorize a request for funding from U.G.R.A. and other state agencies to assist with the cleaning of Flat Rock Lake and Ingram. I assuming you're talking about Ingram Lake? (Commissioner Oehler nodded.) JUDGE TINLEY: Okay. COMMISSIONER OEHLER: Yeah, I think we talked about both of them. Not sure what that level should be, but I think it would be a good idea to go and ask them if they'd be interested in doing that at some point, and give them the opportunity to have time to think about it before we actually ask for a certain specified amount. I don't think we're ready with any kind of a specified amount at this time, but I think it's a good idea to put them on -- on notice that we -- and see what their policy is, see if they would be willing to 12-8-08 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 maybe do that if it becomes necessary. COMMISSIONER WILLIAMS: May I offer a suggestion, Commissioner? COMMISSIONER OEHLER: Yes, sir. COMMISSIONER WILLIAMS: They have what they call a Finance and Operations Committee that meets in between board meetings where they talk about issues that are not yet on the agenda, or may soon be placed on the agenda. That might be a pretty good place to start. COMMISSIONER OEHLER: Okay. COMMISSIONER WILLIAMS: It's basically their executive committee, or their officers of the board. COMMISSIONER OEHLER: Kind of like the appropriations committee. COMMISSIONER WILLIAMS: Yeah, right. COMMISSIONER LETZ: Who's chair of that? COMMISSIONER WILLIAMS: It's usually the vice president chairs it, so that would be Lana Edwards now. But the president's also there, and it basically is the executive committee. COMMISSIONER OEHLER: Well, what's your suggestion, then? How should we go about this? Just meet with them and -- COMMISSIONER WILLIAMS: Yeah. Pick up the phone and call Ray Buck and say we'd like to make an appearance 12-8-08 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 23 before the -- their F & 0 committee. COMMISSIONER OEHLER: Okay. COMMISSIONER WILLIAMS: To talk about this request. COMMISSIONER OEHLER: Do you think we need a motion on this to do that, or just go do it? COMMISSIONER WILLIAMS: You and I can do it. COMMISSIONER OEHLER: Okay. COMMISSIONER WILLIAMS: Unless the Court screams and says, "Don't do it." JUDGE TINLEY: I don't think you're going to hear that, Commissioner. With our blessing. COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: Okay. Let's move on to Item 7, if we might; consider, discuss, take appropriate action to designate Commissioners' and Judge's liaison appointments for the various functions for the calendar year 2009. I put this on the agenda because it's something that we try and visit on somewhat of an annual basis, as I recall. COMMISSIONER BALDWIN: This list that we have in our packet, is this a repeat? JUDGE TINLEY: You've got one in your packet? I don't have one in mine. COMMISSIONER WILLIAMS: Here, I'll share with you, Judge. It's -- apparently, that's what it is right now. MS. GRINSTEAD: Yes. 12-8-08 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 JUDGE TINLEY: .Good place to start. Okay, thank you. COMMISSIONER BALDWIN: Looks like I'm overworked a little bit, but -- (Laughter.) -- but I will accept this list as it is. COMMISSIONER LETZ: If somebody wants to work in the jail with Rusty, they're more than welcome. If not, I'll continue. SHERIFF HIERHOLZER: I've been after Bruce to come do that. COMMISSIONER OEHLER: Hear that? COMMISSIONER LETZ: He wants you. Isn't it nice to feel wanted? COMMISSIONER OEHLER: Yeah, I'm just wanted. More time to lobby. SHERIFF HIERHOLZER: That's right. COMMISSIONER LETZ: But from my standpoint, airport, Ag Barn, I'd like to stay there, and I have no problem staying at the jail either. Just up to -- whatever. JUDGE TINLEY: Looks like nobody's got any big heartburn about changing anything from the current appointments; is that correct? COMMISSIONER BALDWIN: I think so. COMMISSIONER WILLIAMS: Move approval of the -- COMMISSIONER BALDWIN: Second. is-s-os 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 COMMISSIONER WILLIAMS: -- liaison appointments for the year -- calendar year 2009, as the list provides. JUDGE TINLEY: Under Court Order 30694? COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: All right. I have a motion and a second. 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 10; consider, discuss, take appropriate action to discuss the swearing-in ceremony of newly elected officials in District Courtroom Number 1 at 10 a.m. on January 1, 2009. Buster, you want to be in charge of this party? COMMISSIONER BALDWIN: Yes, sir, I do. I had a phone call last week from the holy land upstairs, and they wanted to know what -- what we were doing. What time is swearing-in? When is swearing-in? The whole thing. And I tried for 7 a.m. on New Year's Day, but there was some balking going on up there. I mean, just -- I don't know what's wrong with those folks. So -- but so we kind of decided 10 a.m. January 1, District Courtroom Number 1. Is that cool with everybody? So be it. That's it. COMMISSIONER WILLIAMS: I notice that this agenda 12-8-08 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 item notes that you are now representing Precinct 3. When did you make that change? COMMISSIONER BALDWIN: Well, Bill, Jon said he was going to be gone that day, so, you know -- COMMISSIONER LETZ: Picked it up. COMMISSIONER BALDWIN: Don't blink around here. COMMISSIONER OEHLER: You're saying 10 a.m. on the lst? COMMISSIONER COMMISSIONER really, right? COMMISSIONER to make sure we're all District Judge up them COMMISSIONER COMMISSIONER him with answers. BALDWIN: Yes, sir. Yeah. LETZ: That's just an announcement, BALDWIN: Well, we just kind of want riding the same horse. You have a new that's wanting to know. So -- LETZ: And we want to keep him happy. BALDWIN: -- we're going to provide COMMISSIONER WILLIAMS: Mm-hmm. JUDGE TINLEY: You aim to please, right? COMMISSIONER BALDWIN: That's what we do here. Thank you. JUDGE TINLEY: And you're in charge of the party, right? COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: Again. 12-8-08 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: That's fine. Sure. JUDGE TINLEY: Okay. COMMISSIONER OEHLER: There won't be any leftovers from the Christmas get-together, I promise. You'll have to come up with some others. JUDGE TINLEY: Okay, let's move on to Item 11; consider, discuss, take appropriate action to adopt an order based on burn ban status prohibiting the sale or use of restricted fireworks, that being skyrockets with sticks and missiles with fins, in any portion of the unincorporated area of Kerr County. Commissioner Letz? COMMISSIONER LETZ: I had some calls last week, so I thought we ought to put it on the agenda. Fireworks people want to know what they can sell and not sell, and my recommendation would be, with the weather as such, that we ban the rockets with fins, aerial projectiles, and whatever else is called for under that state law that we have authority to make. COMMISSIONER OEHLER: I wish we could ban it all, but we can't. COMMISSIONER WILLIAMS: So do I. I notice one of them's gone out of business. One of them on the Five Star Rental is gone. COMMISSIONER OEHLER: They can reappear pretty quickly. 12-8-08 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 COMMISSIONER WILLIAMS: In your precinct. COMMISSIONER BALDWIN: I kind of disagree with y'all. I like the free enterprise thing, and I like fireworks and all that. However, it -- the weather has caused a -- really, a dangerous, dangerous situation out there, so I'll second the motion, if that was a motion. COMMISSIONER LETZ: It was a motion, but I'm wondering if we may want to pass on this till we get the actual -- do we need to be more specific, Rex, on something like that, do you think? The actual -- to actually cite the statute that we're -- MR. EMERSON: No. COMMISSIONER LETZ: No? Okay. Okay, I move the agenda item. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. 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 go to Item 12; consider, discuss, take appropriate action to appoint Coral Adema to represent Kerr County on the Alamo Area Agency on Aging Advisory Committee. That's almost a is-s-os 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 tongue twister. COMMISSIONER WILLIAMS: It really is. And this is the one spot that has kind of bedeviled us for some time. We get somebody appointed, and they serve six months or so and then resign 'cause they don't like making the trip to San Antonio too often. Ms. Adema I've known for some time. She's a registered nurse, has served in many capacities in the county in that regard. I interviewed her here in the courthouse this past week. She's anxious to serve on this particular board, and anybody that's anxious to do so I think deserves an opportunity. I would move her appointment. COMMISSIONER OEHLER: Second. COMMISSIONER LETZ: Second -- third. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. 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. COMMISSIONER WILLIAMS: Judge, I might add, I asked Ms. Grinstead to send appropriate notification to AACOG of her appointment. Thank you. JUDGE TINLEY: Item 13; consider, discuss, take appropriate action to approve an interlocal agreement between 12-8-08 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 Kerr County and the Alamo Area Council of Governments for collection and processing of data to designate census tracts for planning and census purposes. Commissioner Williams, I think this is a follow-on to -- COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: -- something we looked at at our last meeting. COMMISSIONER WILLIAMS: The Court had agreed to do this and to get this data -- census tract data manipulated and processed so that it makes some sense for us, and this is merely the agreement with AACOG to do that. It's in conformity with what I reported to you earlier, and the only thing missing is I have not run it by the County Attorney for his review. But I would move its approval, if the County Attorney agrees that it's acceptable. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded as indicated. Question or discussion on that motion? COMMISSIONER LETZ: Where's the money coming from? COMMISSIONER WILLIAMS: I think we agreed it was coming out of Professional Services. COMMISSIONER LETZ: Okay. JUDGE TINLEY: That's my recollection. COMMISSIONER WILLIAMS: Yeah. JUDGE TINLEY: Further question or discussion? All 12-8-08 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed same sane. (No response.) JUDGE TINLEY: Motion does carry. We'11 move to Item 14; consider, discuss, and take appropriate action to approve the contract with the Divide Volunteer Fire Department; allow the County Judge to sign same. COMMISSIONER OEHLER: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval. 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 go to Item 15; consider, discuss, take appropriate action on joint resolution with the City of Kerrville in support of the gift by H.E.B. and its initiation of efforts to rehabilitate/ renovate and expand the Butt-Holdsworth Memorial Library facilities. I put this on the agenda as a result of a meeting which was held last week, I believe it was, or possibly latter part of the week before. The H.E.B. family, I believe, through -- possibly through its foundation, has 12-8-08 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 been discussing trying to assist in the renovation, rehabilitation, expansion of the existing library facility, and at that meeting it was announced that they had committed a million dollars towards that project, and intended to move forward with a fundraising effort in order to accomplish a significant renovation. The -- the schematics and -- and site workups proposed are being worked on presently, and the efforts are being made to put together teams to work on that. But in the interim, the mayor and I thought it would be well for both of the local government bodies to support a joint resolution in support of their gift and their initiation of those efforts, and that's essentially what it does. It doesn't commit us to any funds. However, should we at some point down the road agree to assist them financially, I'm sure it would be most welcome. But this resolution does not do that; it's merely a support of H.E.B. in its gift and initiation of these efforts. COMMISSIONER LETZ: Is there -- has it been written yet? JUDGE TINLEY: Yes. Yes. COMMISSIONER WILLIAMS: Judge? JUDGE TINLEY: Let me -- COMMISSIONER OEHLER: This has been going on for quite a while. They sent their architect and some kind of a site plan type fellow to meet with us at Library Board lz-s-os 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 meeting, and they kind of -- everything kind got jumbled up, because the City had already hired people to do an assessment of all of their buildings and what their needs were going to be for the future, and then H.E.B. came in with people saying, well, we're -- we have available staff to look into this and kind of do an assessment, but we don't want to get in the way of the people that you've hired. So, I'm glad to see that they have committed to some funds, and they're -- they want to be helpful and support that library. COMMISSIONER WILLIAMS: Got it. JUDGE TINLEY: Okay, you got it. COMMISSIONER WILLIAMS: Judge, you mentioned in your comments the foundation. This, of course, is very generous of the H.E.B. family -- the Butt family to do this. Is it the foundation, or is it the H.E. Butt Grocery Company? JUDGE TINLEY: Well, the resolution, I note, indicates that the -- COMMISSIONER BALDWIN: Howard. COMMISSIONER WILLIAMS: It says the company. JUDGE TINLEY: The company's gift. COMMISSIONER OEHLER: I also know that Charles Butt is also, with several of his -- he has three grocery stores that are still his, and he is also very supportive and wants to be involved in some way. And I think this is the way that he will find out how much he wants to be involved. lz-s-os 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: The -- the information for the resolution was passed along to the folks over at the City from -- oh, the lady with the San Antonio Library Foundation that is assisting on this. I don't recall her name off the top of my head at this point. But -- so I assume it must be the company that's providing the -- COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: -- the funding, as the resolution calls for. COMMISSIONER LETZ: Move approval. COMMISSIONER OEHLER: Second. JUDGE TINLEY: Motion made and seconded for approval of the resolution. Question or discussion? All in favor of that motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Let's move to Item 17; consider, discuss, take appropriate action to proclaim the second Tuesday in January as Volunteers for Democracy Day. A request was made that we place that on the agenda, and I have done so accordingly. COMMISSIONER LETZ: So moved. COMMISSIONER OEHLER: Second. iz-s-os 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 JUDGE TINLEY: Motion made and seconded for approval. 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 18; consider, discuss, and take appropriate action to approve the library agreement between the City of Kerrville and Kerr County. Commissioner Oehler? COMMISSIONER OEHLER: This was an agreement, I believe, that we came up with during our joint meeting back in the summer with them of what our funding level would be, and I believe it's a -- it would be a good idea for us to adopt this agreement formally so that the City knows for sure what our funding level will be. Would you like for me to read this into the record, or do you want to -- COMMISSIONER BALDWIN: I'd like to hear Number 5. COMMISSIONER OEHLER: You'd like to hear Number 5? COMMISSIONER BALDWIN: In the record. COMMISSIONER OEHLER: Okay, here comes Number 5. The parties agree that County -- the County's contribution for library services for Fiscal Year 2008-2009 shall be $400,000. The County shall pay its contribution to the City in 12 monthly installments on or before the 15th day of each 12-8-08 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 month during the term of the agreement, beginning October 15th, 2008. With the provision that funding is subject to budgetary appropriations as provided by law, the anticipated County contribution for library services for Fiscal Year 2009-2010 shall be $300,000, and the contribution for Fiscal Year 2010-2011 shall be $200,000. And this agreement shall remain in full force and effect for a period of one year, beginning October 1, 2008, ending September 30th, 2009. COMMISSIONER LETZ: Is that a motion to approve? COMMISSIONER OEHLER: I move approval of the funding agreement for the library. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval. Question or discussion on the motion? COMMISSIONER LETZ: A little just discussion, more for public awareness. The reason for these -- the dollar adjustment is that the County is taking up basically the same amount dollar increase of funding in each of those years for the airport, with the intent being that the County will take over 100 percent funding of maintenance/operations at the airport as of 2011,. and our contribution will remain somewhat static with the 200,000 for the library after that date. I just want to make sure the public is aware, and the press, that we're not reducing funding, really, overall. The 12-8-08 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 funding is staying the same between the joint operations. COMMISSIONER OEHLER: Just redistributing. COMMISSIONER LETZ: Just redistributing it so that there's less controversy. One's more -- well, each of us are responsible for one of the operations. COMMISSIONER OEHLER: Hopefully, this will not lead to some further arguments over library funding. COMMISSIONER LETZ: And airport funding. COMMISSIONER OEHLER: And airport funding. JUDGE TINLEY: Well, all of this grows out of a joint meeting which we held earlier this year in which those agreements were struck with regard to shifting the responsibility of the library more to the City, the airport more to the County, and essentially in accordance with the agreements that we've -- we've made with the City on a go-forward basis. We -- do we have a motion? COMMISSIONER WILLIAMS: Yes, sir. THE CLERK: We have a motion and a second. JUDGE TINLEY: All right. 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 i2-s-os 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to Item 19; consider, discuss, take appropriate action to approve the resolution for the submission of the Victims Of Crime Act grant proposal for 2009-2010 to the Office of the Governor, Criminal Justice Division. Purpose of the grant is to fund Kerr County Crime Victims Coordinator program. COMMISSIONER WILLIAMS: Move approval. COMMISSIONER LETZ: Second. JUDGE TINLEY: I have a motion and second for approval of the agenda item. 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. We'll move to Item 20; consider, discuss, and take appropriate action to approve the appointment of County Treasurer Mindy Williams as financial officer for the Victims Of Crime Act grant that funds the Crime Victims Coordinator position for the remainder of 2008-2009 grant year and for the new grant application for 2009-2010; authorize County Judge to notify the Governor's office of the change within 14 days of the court order. MS. HARGIS: Judge, as the Treasurer, Mindy cannot be the financial officer of this grant because the conflicts 12-8-08 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of internal control. She takes in the money. And, first of all, I have taken one full year and a lot of grief to fill in this application, and I was not notified of this at all. COMMISSIONER BALDWIN: Judge, where is Ms. Lavender? Doesn't she need to be addressing this Court? JUDGE TINLEY: I would think that -- it's her agenda item. She asked that it be placed on the agenda. MR. EMERSON: I can tell you she's at -- she told me she's at an AACOG meeting in San Antonio, 'cause I had to call and ask her a couple questions. MS. HARGIS: I can tell you that I would -- I was -- COMMISSIONER BALDWIN: Well, are you supposed to be presenting the agenda item for her? Or -- MR. EMERSON: I can present basically the information that she gave me. But I know she's at the -- she's at an AACOG grant funding mandatory workshop, and I don't know which grant it's for. But -- COMMISSIONER BALDWIN: Well, just from my point of view, I'm -- you know, we're talking about appointing a treasurer. Now we have the Auditor up here telling us something different. Seems like to me we have a cart pulling a horse here or something, maybe. I don't -- I'm not sure what's going on here. MS. HARGIS: I think this is something that she and 12-8-08 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I need to discuss. She put this on the agenda without discussing it. Also Item 21. I've not seen this. Half of this Indigent Health Care goes through my office, half through hers. These are actually items that should be discussed between the two of us before she puts them on the agenda. COMMISSIONER OEHLER: I think it should be discussed before us with the two of you present. COMMISSIONER BALDWIN: That's probably true. COMMISSIONER OEHLER: That's the way I think it ought to be discussed. MR. EMERSON: 21 is a separate agenda item. JUDGE TINLEY: I understand. COMMISSIONER LETZ: I think on the -- well, on this one, this is -- obviously, there's a difference of what we want to do. Why don't we pass? I don't see that that's a time-urgent -- JUDGE TINLEY: You're -- you're presently the -- MS. HARGIS: I'm presently the financial officer. JUDGE TINLEY: -- financial officer? MS. HARGIS: And I have -- the Auditor's office has been financial officer of all the grants, and that's the way that it's supposed to be set up. And -- COMMISSIONER BALDWIN: Well, she needs to be here to tell us why she's requesting a change. iz-a-os 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MS. HARGIS: Well, I can tell you why she's requesting a change. COMMISSIONER BALDWIN: No, I don't want you to tell me. MS. HARGIS: Okay. COMMISSIONER BALDWIN: I want her to tell me. That's the whole point of this thing. COMMISSIONER WILLIAMS: I agree with that. We need to hear from the person who put this on the agenda. And it's highly unusual that a paid staffer would put on the agenda the appointment of a county official. COMMISSIONER BALDWIN: Yeah. COMMISSIONER WILLIAMS: Highly unusual. JUDGE TINLEY: Okay. Are we going to pass that item, gentlemen? COMMISSIONER LETZ: Yes. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: Just a minute. MS. GRINSTEAD: Rosa had requested that they be put as last, hoping she would be here in time. So, since there is no timed item, if you can just -- I don't know what time she'll be here, but -- COMMISSIONER LETZ: We can pass, and maybe at the workshop -- 25~ JUDGE TINLEY: Pass for now. Okay, let's go to is-a-os 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Item 21; consider, discuss, take appropriate action to approve the proposed Kerr County Indigent Health Policy. Another item by Ms. Lavender. MR. EMERSON: Judge, I did tell Ms. Lavender I would present this one. JUDGE TINLEY: Okay. MR. EMERSON: Because what we've done is, Ms. Lavender and myself and the Indigent Health Care Coordinator have sat down and gone through the statutes, basically, for the last six weeks. And I think there's -- each of you received binders with suggestions for the program that I put together after I went through the statutes. There's a proposed Kerr County Indigent Health Care Policy in the front of it. It takes the existing policy that we have that is deficient, at best, takes the statutes, and fine-tunes it in order to limit the policy pursuant to statute. I realize this may be -- you know, you probably didn't have time to read this whole binder, but we would request that the Court review this policy, take it into consideration, and at the appropriate time, grant it. I think what the Court will find is it'll significantly control the cost of what the County's currently spending on indigent health care. JUDGE TINLEY: The suggestions that this review team has made would -- would tightly define eligibility 12-8-08 43 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 requirements, but still be within the law. MR. EMERSON: It'll -- from the best we can tell, it will be completely within the law. I compared it to the statutes. The Indigent Health Care Coordinator and Ms. Lavender went to state conference; they took the information there, and that's how we came up with this policy. The existing policy we have is -- is extremely loose. It was pieced together over a period of time, and in pieces -- puzzle pieces that were just kind of fit together. And what the statute says is that if we have a comprehensive policy that's adopted by the County, we can -- we can enforce that policy. JUDGE TINLEY: From a time frame standpoint, I notice that this policy was to become effective February 1? August -- January 31? Something like that. COMMISSIONER WILLIAMS: Next year sometime. JUDGE TINLEY: January 31. Is -- is there a lead time by which we must adopt the -- any new policy before it becomes effective? MR. EMERSON: Not necessarily a definite lead time, but there is a requirement in the statute for proper notice to the public. So -- JUDGE TINLEY: What's the notice requirement? MR. EMERSON: -- once the County -- it's not specified. 12-8-08 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Fourteen days? COMMISSIONER OEHLER: I thought it was 14 days. MR. EMERSON: That's what I would assume; it's the default, 'cause it's not specified. JUDGE TINLEY: Okay. So, if we take a look at it at either our next meeting or our first meeting in January, which is going to be on the -- COMMISSIONER LETZ: Before we can take a look at it on the 22nd, or the -- COMMISSIONER WILLIAMS: 22nd. COMMISSIONER BALDWIN: What is the reason we're not going to adopt it today? We're not familiar with it? We don't like it? We don't like each other, or what? COMMISSIONER OEHLER: I read most of this stuff. COMMISSIONER BALDWIN: I did too. I'm ready. COMMISSIONER OEHLER: I'm in agreement with what's being proposed. COMMISSIONER WILLIAMS: I read the summary, and the summary's very comprehensive. COMMISSIONER OEHLER: Sounds to me like what we're doing is tightening it up where it make it a little harder. COMMISSIONER BALDWIN: I like it. COMMISSIONER OEHLER: I like it a whole lot better than some of things that were in the existing one. JUDGE TINLEY: Well, gentlemen, it's before you. 12-8-08 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: I move for approval. COMMISSIONER OEHLER: I second it. JUDGE TINLEY: Motion made and seconded for the approval of the proposed Kerr County Indigent Health Policy. Question or discussion on the motion? MS. HARGIS: I still haven't seen it. I would like to have a copy of it. He says it doesn't affect the financials, but the financials are affected by the policy, so I'd at least like to have a copy to see if that's going to be a problem with the way we're currently paying in the program and things of that nature. MR. EMERSON: I can answer that. It doesn't have any effect at all on the current payment policy. It's strictly in the applications and the processing procedures. JUDGE TINLEY: And the eligibility requirements? MR. EMERSON: Correct. JUDGE TINLEY: 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. We'll go to Item 22; consider, discuss, and take appropriate action on joint agreement with the -- between Kerr County and the City iz-s-os 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 of Kerrville with the Normandy Group for governmental relations assistance to obtain federal government funding or other assistance for economic development projects and infrastructure and facilities needs. I put this on the agenda. You have before you some information from the Normandy Group that would provide assistance with contacts with Congress, federal agencies in order to obtain funding for various projects that we may have. The -- this was developed as a result of the trip to Washington that the mayor and I participated in, along with economic development representatives, the thought being that if we don't get more coming in than what we're paying out, we can terminate the relationship. Also, the thought would be that this would be a joint agreement in which the City and County would equally participate, inasmuch as the financial gains that could be enjoyed by either the City or the County or both, and the Normandy Group would -- would be pursuing on behalf of both the City and the County,. spreading the cost that way. COMMISSIONER WILLIAMS: That doesn't mean that they have to be joint initiatives, does it, Judge? Something that we both seek to have funding for? JUDGE TINLEY: No. No. COMMISSIONER WILLIAMS: A project of the County or project of the City, but not necessarily a project of both. JUDGE TINLEY: Or it could be a project which iz-s-os 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 benefited -- or primarily benefited some private or quasi-governmental operation, but which would have an economic development impact on Kerr County. COMMISSIONER WILLIAMS: Fine. Okay. COMMISSIONER LETZ: Judge? JUDGE TINLEY: Yeah. COMMISSIONER LETZ: I presume this is related -- my computer doesn't have backup on this one, but I've got a backup that I got in regular mail, and it refers to, like, a pretty hefty retainer. JUDGE TINLEY: Yes, it does. COMMISSIONER LETZ: Who's paying that? JUDGE TINLEY: Well, the City and the County will jointly pay that. COMMISSIONER WILLIAMS: You. COMMISSIONER BALDWIN: Jon comes up with the best questions, doesn't he? JUDGE TINLEY: Yeah. COMMISSIONER LETZ: Monthly retainer is 10,000 a month. COMMISSIONER BALDWIN: Let's go to the next item. COMMISSIONER OEHLER: That's 60,000 a year, the way I calculate my half. JUDGE TINLEY: That's exactly right, Commissioner. COMMISSIONER LETZ: Just -- you know, I mean, I 12-8-08 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 25 think it's a good idea, and we had another entity -- I mean, I like the fact that -- some of the principals with this one. I think they have some good connections to our area, and may be able to assist. We had another one that we did something with that was similar to this. COMMISSIONER WILLIAMS: Yeah, I brought that to the Court several months ago, and we sort of sat on it during budget time, because the fee structure was pretty high. And I did not continue those contacts. COMMISSIONER OEHLER: Was very high, from what I remember. COMMISSIONER WILLIAMS: Was very high. COMMISSIONER LETZ: So, I mean -- you know, I mean, is the City, with some of their other sources, going to come up with some of this funding? I guess it's a serious question. Where's the money coming from? COMMISSIONER WILLIAMS: It could -- JUDGE TINLEY: Jointly from the City and the County. COMMISSIONER LETZ: But -- okay. Then where's it coming from in the county? JUDGE TINLEY: Well, that would be for this Court to determine. COMMISSIONER WILLIAMS: Is this for next fiscal year beginning in January, or whenever we sign on? Starts 12-8-08 49 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 when we sign on? COMMISSIONER LETZ: I think it starts December lst. JUDGE TINLEY: Yeah. What you got to understand is that the next general session is going to crank up in January, and there's a whole lot of stuff already going on in connection with what's going to happen there. A lot of people getting in line. So -- COMMISSIONER OEHLER: Are we going to be able to pay for this out of some of the funding that we get, as administrative costs or something? JUDGE TINLEY: Probably not directly. But, as I indicated, the -- the proposition is such that very -- very frankly put, if -- if those efforts don't generate more financial resources coming our direction than are going their direction, we terminate the relationship. And if you can -- COMMISSIONER OEHLER: I'm afraid -- it is 60-day notice, what I remember, or is it 30-day notice? COMMISSIONER WILLIAMS: I think it's at 60. JUDGE TINLEY: Sixty. COMMISSIONER OEHLER: Sixty. JUDGE TINLEY: I believe 60. COMMISSIONER WILLIAMS: And, you know, you're going to have to give it time to work. JUDGE TINLEY: Yeah. COMMISSIONER LETZ: I guess -- this is something iz-s-os 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 new, and, I mean, the Hill Country county group has talked a lot about this, and some counties are doing this on the state level. Which I haven't -- I said Kerr County wasn't interested in participating, I didn't think. But, you know, maybe we should look at these things more. I've been one that's kind of been closed to these types of things. COMMISSIONER WILLIAMS: Well, you know, in terms of things that we'd like to try to accomplish over the next year or two or three or four, an investment like this really does make some sense. We're talking about Hill Country Junior District Livestock show. We've got infrastructure projects in the conduit, and there are just a raft of other things we could put into the -- into the conduit along with whatever issues the City would like to try to do. Basically, it makes sense. Question is, do we want to try to fund it? If we fund it, the -- if we fund it for this budget year, we'll have to find $45,000 before we get to next budget year. COMMISSIONER OEHLER: Where have you found it? COMMISSIONER WILLIAMS: I didn't. I didn't look. COMMISSIONER LETZ: Probably Jailers Salaries. COMMISSIONER WILLIAMS: The Judge probably knows. JUDGE TINLEY: No, I don't, sir. COMMISSIONER OEHLER: It's in gas in the Sheriff's Department. SHERIFF HIERHOLZER: Ha. 12-8-08 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: There you go. COMMISSIONER OEHLER: Gas and Oil, that's where it is. COMMISSIONER WILLIAMS: Jailers Salaries. COMMISSIONER OEHLER: And Jailers Salaries. JUDGE TINLEY: Well, I -- COMMISSIONER LETZ: Is there -- what's the possibility of getting a representative -- JUDGE TINLEY: It's a good possibility. COMMISSIONER LETZ: -- down here? I mean, I would be much more inclined after talking to them as to what they're looking at covering, what they're -- and at the same time, we can kind of think and really put it on paper what our projects are, 'cause we can say, "This is what we're looking at." What, you know -- COMMISSIONER OEHLER: What's the possibility of getting those things -- some of that funded? COMMISSIONER LETZ: Yeah, funded. COMMISSIONER OEHLER: And, you know, if -- if we were to get a million bucks, it's worth the $60,000 investment, or more. COMMISSIONER LETZ: And we do have some things pending right now that -- clearly, that need federal funding, and probably need a little bit of a nudge to get through that federal funding process. 12-8-08 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 JUDGE TINLEY: In our discussions with representatives of that group, the principals, there are some pots of money up there that -- that exist for the apparent purposes can be used for totally different purposes. A lot of transportation money, for example, that has flowed around, apparently. COMMISSIONER OEHLER: I would -- JUDGE TINLEY: And if you don't -- if you don't know how to play the game, you can't find the money. COMMISSIONER WILLIAMS: That's right. COMMISSIONER OEHLER: You have to have somebody that will play the game. JUDGE TINLEY: That knows how, exactly. COMMISSIONER OEHLER: I would sure like to talk to these people before -- JUDGE TINLEY: Okay. COMMISSIONER OEHLER: -- before we put them on the payroll. JUDGE TINLEY: We can do that. COMMISSIONER WILLIAMS: So this is really a better financial deal than the one I brought to the Court before. COMMISSIONER OEHLER: So, they're getting better every time. Maybe there's another one that will appear. COMMISSIONER LETZ: I think the principals on here 25~ are pretty -- iz-s-os 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 JUDGE TINLEY: Mm-hmm. COMMISSIONER LETZ: -- strong. COMMISSIONER OEHLER: I think the principals are fine. COMMISSIONER BALDWIN: I think it's just interesting, we're going to hire somebody to go to Washington to get some of our own money. COMMISSIONER WILLIAMS: Back. COMMISSIONER BALDWIN: To bring it back down here. JUDGE TINLEY: Rather than -- COMMISSIONER BALDWIN: Something wrong with this picture. JUDGE TINLEY: Rather than let somebody else hire them and your money goes to somebody else. COMMISSIONER BALDWIN: Well, you can put it that way. It's still our damn money. COMMISSIONER LETZ: And it's still -- and it's part of the big problem in Washington. JUDGE TINLEY: Mm-hmm. COMMISSIONER WILLIAMS: Exactly. COMMISSIONER LETZ: Are they going to get it fixed? Probably not. COMMISSIONER WILLIAMS: It's the squeaky wheel gets the grease syndrome. COMMISSIONER OEHLER: I can be pretty squeaky. 12-8-08 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Okay. We will -- well, we'll get you some enlightenment on that subject, sir, very quickly. COMMISSIONER LETZ: Thank you. JUDGE TINLEY: Let's go to our 10 o'clock timed item. At this time, I will recess the Commissioners Court meeting, and I will convene a public hearing to abandon, vacate, and discontinue the 21.20-acre portion of land from the recorded plat of Comanche Caves Ranch as set forth in Volume 4, Page 209, Plat Records, and located in Precinct 4. (The regular Commissioners Court meeting was closed at 10:00 a.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G JUDGE TINLEY: Is there any member of the public that wishes to be heard with respect to the abandonment, vacating, and discontinuance of the 21.20-acre portion of land from the recorded plat of Comanche Caves Ranch, as set forth in Volume 4, Page 209, Plat Records? (No response.) JUDGE TINLEY: Seeing no one coming forward with respect to that matter, I will close the public hearing dealing with the abandonment, vacating, and discontinuance of the 21.20-acre portion of land from the recorded plat of the Comanche caves Ranch as set forth in Volume 4, Page 209, and located in Precinct 4. (Public hearing concluded at 10:00 a.m., and regular Commissioners Court meeting reopened.) 12-8-08 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: I will reconvene the Commissioners Court meeting, and since it is not 10:10, we can't take up that next item. I go by the clock on the wall. COMMISSIONER OEHLER: Made her walk all the way up here. JUDGE TINLEY: Tell you what, why don't we -- why don't we -- why don't we pay the bills right quick? COMMISSIONER WILLIAMS: Yeah. JUDGE TINLEY: Our good friend Rob Kelly is here, and I told him I wanted him to be able to enjoy all of the excitement of a Commissioners Court meeting, and he assured me he wanted to stay for it all. So, we're going to let him have some introduction to this also. COMMISSIONER LETZ: Move we pay the bills. JUDGE TINLEY: Let's go to Section 4. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded to pay the bills. Question or discussion on the motion? Okay. I had some questions. Ms. Hargis, on Page 1, I don't know, about two-thirds of the way down the page where you say Court Appointment, Civil Attorneys? MS. HARGIS: Mm-hmm. JUDGE TINLEY: We created a separate account for the several attorney's fees. MS. HARGIS: For the -- yes, we did. 12-8-08 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 JUDGE TINLEY: Okay. For C.P.S.? MS. HARGIS: Yes. JUDGE TINLEY: Why is it, then, on Page 2, under 216th and 198th, there's a whole bunch of civil court appointment payments being made there? MS. HARGIS: It's going to a different account number. We haven't set up a separate fund for it, I don't think. JUDGE TINLEY: Did we just set up the civil for the County Court at Law portion? MS. HARGIS: Yes. JUDGE TINLEY: Okay. Not for the -- not for the 198th or 216th? MS. HARGIS: No, I wasn't asked to for Judge Brown's court. JUDGE TINLEY: Okay. I know Judge couple of years now, has wanted to get that of his budget, because he essentially has no MS. HARGIS: Right. The other two that. do that. Only Brown, for a gut of his -- out control over it. did not ask for JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: Judge, the ones on Page 1, that's Judge Brown? JUDGE TINLEY: The civil -- COMMISSIONER BALDWIN: That's out of his court? 12-8-08 57 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: Yes, that's true. COMMISSIONER BALDWIN: And these two are the two District Courts? JUDGE TINLEY: That's correct. COMMISSIONER BALDWIN: Okay. And it's going to be this way for next month too? MS. HARGIS: Mm-hmm. COMMISSIONER BALDWIN: All right, groovy. MS. HARGIS: Yeah, they come in like that, and they're actually posted separate so you can see them. And I think this report format just shows you a little bit better. COMMISSIONER BALDWIN: Okay, super. JUDGE TINLEY: And I put Commissioner Baldwin's name next to one of the payments under 198th District Court, about three-fourths of the way down. COMMISSIONER BALDWIN: I'm not going to say a word. JUDGE TINLEY: Okay. Let's go to Page 4. COMMISSIONER BALDWIN: Coward. Chicken. Quack, quack, quack. COMMISSIONER WILLIAMS: AFLAC. JUDGE TINLEY: I notice some dental payments there. That's excluded from the -- MS. HARGIS: From the medical. JUDGE TINLEY: -- medical contract? Okay. MS. HARGIS: And those are also coming in from 12-s-os 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 prior months. JUDGE TINLEY: Okay. Further on down, Constable 3, Capital Outlay. Tell me what that's about. COMMISSIONER OEHLER: More bells and whistles, probably. JUDGE TINLEY: MR. TROLINGER: JUDGE TINLEY: MR. TROLINGER: was approved in the budg JUDGE TINLEY: MR. TROLINGER: running. John, do you know what that is? What is the amount? C.D.W. Government, 782. That is his laptop computer that et process. Okay. And it's installed and up and JUDGE TINLEY: Okay. MS. HARGIS: Thank you, John. I'd forgotten about that. I had the other one I had a question about. COMMISSIONER WILLIAMS: Do all constables have a computer in their car? COMMISSIONER OEHLER: This was a test one, I believe, remember? MS. HARGIS: Remember, he requested to take out the lap -- the desktop and get a laptop, so he's using it for both places. JUDGE TINLEY: Yeah. COMMISSIONER WILLIAMS: Okay, I recall. 12-8-08 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER OEHLER: This way he won't get lost when he goes driving. COMMISSIONER WILLIAMS: Right, at night. (Laughter.) He's got Garmin on the big screen? JUDGE TINLEY: Now, that was tacky. COMMISSIONER OEHLER: It was tacky. I'm sorry. COMMISSIONER BALDWIN: Just mean. That is downright mean. JUDGE TINLEY: Mean-spirited, we could call that. COMMISSIONER BALDWIN: Mean-spirited. JUDGE TINLEY: Further question or -- COMMISSIONER OEHLER: I just got to it before you did; that's what happened. COMMISSIONER BALDWIN: Must be a Republican. JUDGE TINLEY: All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Do you have any budget amendments? MS. HARGIS: No, sir. JUDGE TINLEY: Any late bills? MS. HARGIS: No, sir. JUDGE TINLEY: I've been presented with monthly lz-s-os 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reports from Constable, Precinct 1; Constable, Precinct 4; County Clerk; Justice of the Peace, Precinct 3; and Environmental Health. Do I hear a motion that those reports be approved as presented? COMMISSIONER WILLIAMS: So moved. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of the reports as presented. 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. Looks like it's now 10:10. We will go back to the 10:10 timed item. COMMISSIONER WILLIAMS: Hurry, Kelly. JUDGE TINLEY: Consider, discuss, and take appropriate action to abandon, vacate, and discontinue the 21.20-acre portion of land from the recorded plat of Comanche Caves Ranch as set forth in Volume 4, Page 209, Plat Records. Yes, ma'am? MS. HOFFER: The Comanche Caves Owners' Association is requesting that the 21.20-acre portion of Naroni Ranch be abandoned, vacated, discontinued from the recorded plat of Comanche Caves Ranch, Volume 4, Page 209. Michael D. Vlasek 12-s-os 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and his wife, Sandra Vlasek, are the owners of this 21.20 acres of land. At this time, we ask that you accept the abandonment, vacating, and discontinuation of the said 21.20 acres of Naroni Ranch from the Comanche Caves Ranch recorded plat, Volume 4, Page 209. And attorney David Jackson, representing the Comanche Caves Homeowners' Association, and attorney Rob Kelly, representing the Vlaseks, are present if you have any additional questions. JUDGE TINLEY: Any questions for Ms. Hoffer? COMMISSIONER LETZ: Only question I have is probably more to Rex first, and he and I discussed this previously. I've talked to Kelly about this, as to the process to do it, and my point all long has been someone needs to prepare a new plat so we can have a good plat of record, and -- because that's just kind of the policy, I guess, we've operated under for a long time. And by my reading of the -- it appears to me this is coming under the cancellation of a subdivision portion of our subdivision rules, which is a part or all of a subdivision. And under that provision, I think that we can require that it be submitted and filed, and approve this and be done with it. COMMISSIONER BALDWIN: But done by Comanche Caves Subdivision, as opposed to Mr. Vlasek. COMMISSIONER LETZ: Yeah. The rules say Commissioners Court, by order, shall authorize the owner of 12-8-08 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the subdivision to file an instrument canceling the subdivision, in whole or in part. And, to me, that means Comanche Caves has to do it, and that it has to be -- you know, and that instrument, in my mind, is a revised plat that's filed of record. COMMISSIONER BALDWIN: I agree with you. COMMISSIONER LETZ: And if it's -- that's my two cents. JUDGE TINLEY: Mr. Jackson, obviously, you're going to have some input on this. MR. JACKSON: Well -- David Jackson on behalf of Comanche Caves. We're not opposed to any methodology, but the point's well made, something to record. Simply an approval today wouldn't be adequate. We probably need something signed by Mr. Kelly's clients. We probably need something signed by the Court. It could either be an order, it could be a plat. It could be -- it could show Naroni Ranch; this is in, this is out. COMMISSIONER LETZ: To me -- MR. JACKSON: I really think it's not something -- when I first visited with the office, nobody was real clear on how to do it. Everybody was okay with doing it, so -- COMMISSIONER LETZ: Right. To me, -- MR. JACKSON: -- I'm not opposed to that. COMMISSIONER LETZ: -- just a new plat of Comanche 12-8-08 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Caves with the portion that's no longer in it being shown to be out of the subdivision, and have it signed by both parties, like a normal -- and then go through like a normal plat. MR. JACKSON: My only comment there is, the whole Comanche Caves is a little more difficult, 'cause you have to get a surveyor. You have to prepare a new survey for all of Comanche Caves, when actually all that's in play is that little section there. COMMISSIONER LETZ: I think all that has to be done -- and we frequently have plats filed of record that -- even, like, for a lot line in a big subdivision, we just do that one lot. MR. JACKSON: I agree. COMMISSIONER LETZ: A11 that has to be done is just one -- one or two lots. COMMISSIONER OEHLER: Basically, just a new survey of what's been done. MR. JACKSON: That little survey's actually been done, so it's easy to put together. COMMISSIONER LETZ: Could even be that one lot -- one lot that's being revised, as I understand it, just revising that one lot. MR. JACKSON: That's correct. So, that's better than an order or something like that. Whatever you guys iz-s-os 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would prefer, that's fine with me. COMMISSIONER LETZ: Does that work, Rex? Rob? MR. KELLY: That's fine. MR. JACKSON: Just going to have a new map that will show what's platted, what's not, and it's going of record. And the point's well made that that's a good thing. MR. KELLY: We have no problem with that. MR. JACKSON: Okay. Do we bring that back to you? Or do you approve it today subject to -- subject to -- we have to probably come back with something that would actually be signed off on, and we'd have to have another meeting. JUDGE TINLEY: Be fine. MR. JACKSON: That's okay. COMMISSIONER LETZ: I'm not -- I don't think we do. I think we can do it today. I think -- obviously, you don't have the plat. I think once it's done -- 'cause I don't see that this has to go through -- this is not a revision of plat, so we don't need to get all those other signatures. All we need, I think, are the County Judge, the Subdivision Administrator person, and the parties. I mean, I really don't know -- and the surveyor, of course. I mean, that -- but I don't see -- MR. JACKSON: Fine. I'm okay. COMMISSIONER WILLIAMS: You already approved the revision, right? 12-8-08 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: I agree with Jon. What are you referring to, court order? What is -- MR. JACKSON: I've seen -- COMMISSIONER BALDWIN: What might that be? MR. JACKSON: When you abandon a road, you do a court order. It just occurred to me that might be a methodology. We have not -- COMMISSIONER BALDWIN: What we spoke today will be an order. MR. JACKSON: I agree. COMMISSIONER BALDWIN: On this agenda item. So, that may be adequate of what -- okay. MR. JACKSON: But something to go of record, so we're saying the same thing. The replays fine for revision of plat. JUDGE TINLEY: Any other question or discussion on the motion? COMMISSIONER WILLIAMS: What is the motion? COMMISSIONER OEHLER: We don't have a motion yet. JUDGE TINLEY: We don't? THE CLERK: We don't have a motion. JUDGE TINLEY: Okay. I was looking at -- at Cheryl. COMMISSIONER OEHLER: I move for approval of the agenda item, and also that Comanche Caves will provide a new iz-s-os 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 plat to be signed by the County Judge and both parties to be filed of record showing the -- the land that was vacated. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded as indicated. Question or discussion on that motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. COMMISSIONER LETZ: First one that we've done in about 12 years. COMMISSIONER BALDWIN: Maybe. JUDGE TINLEY: Okay. Why don't we -- thank you, gentlemen. Why don't we take about a 20-minute recess at this point? (Recess taken from 10:15 a.m. to 11:05 a.m.) JUDGE TINLEY: Okay, let's come back to order, if we might. We were in recess for a while, and we will recess the Commissioners Court meeting, go to Item 23; consider, discuss, take appropriate action regarding new employee and three employees whose jobs have been changed due to employee termination. Ms. Bolin asked that this be on the agenda. Is there any portion of it that can be handled in open or public 12-s-os 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 session at this point, Ms. Bolin? MS. BOLIN: It's discussing salaries and that. I don't know. JUDGE TINLEY: Probably need to get your guidance from the County Attorney. I don't know to what degree he's aware of the subject matter of what you're dealing with. MS. BOLIN: I'm sorry, I didn't talk to him. I talked to Eva. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: I'll be happy to ask some questions, kind of get it going, if you -- it would help. (Low-voice discussion off the record.) MS. BOLIN: Okay, they say I can do it in court. JUDGE TINLEY: Pardon? MS. BOLIN: In open. The last time I came before you gentlemen regarding an employee was one that we thought we were going to have problems with in termination. I did get her terminated with the help of Ms. Hyde and Rex. When she left, I did some changing around in my office. The person that I hired had nine years experience with us previously. She came in; she worked three days being retrained for the law changes, and went to work at the county by herself. I don't want to start her at a 14-1. I wanted to start her at a 14-3 because of her experience. COMMISSIONER BALDWIN: Question. 12-s-as 68 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. BOLIN: Yes, sir? COMMISSIONER BALDWIN: MS. BOLIN: Right now, COMMISSIONER BALDWIN: MS. BOLIN: Until I cc COMMISSIONER BALDWIN: Okay, go . What did you start her at? she's at a 14-1. Okay. uld come here. All right. All right. MS. BOLIN: I have an employee that I moved -- I do not have a supervisor position in my Tax Department. The employee that I moved there is doing the supervisor duties and the bookkeeping, and I wanted to take her from a 14-3 to a 15-3. COMMISSIONER OEHLER: How much of an increase is that? MS. BOLIN: 1,401.92. COMMISSIONER WILLIAMS: How much? MS. BOLIN: 1,401.92. COMMISSIONER OEHLER: Are these reclassifications, I guess is what you'd call them? Moving people around in your office? Is that going to have a budgetary impact over and above? MS. BOLIN: No. COMMISSIONER OEHLER: Or are you going to be able to take the money that was -- MS. BOLIN: Everything that was -- yes, plus with is-s-os 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 some left. So -- COMMISSIONER OEHLER: Okay. COMMISSIONER BALDWIN: All of these changes that you're talking about comes out of the salary line that -- MS. BOLIN: For the terminated person. COMMISSIONER BALDWIN: -- that was released? MS. BOLIN: Correct. COMMISSIONER BALDWIN: I say the word "released." MS. BOLIN: Okay. Yeah, she was released. Okay, sorry. And then I moved my supervisor from Motor Vehicle over to the Tax Department, because she is familiar with the taxes, and she is now going to be a full-time employee over there. She will be my cover for Ingram substation now, as well as backup supervisor, backup Motor Vehicle, and she works in Elections. So, I didn't want to change her at all as far as status or -- the only thing I could see to do so that I could leave my supervisor position open in Motor Vehicle was to move it to a -- move her to a 16-1. Salary won't change, just the step and grade. COMMISSIONER BALDWIN: From a 17-8 to a 16-1? Is that correct? MS. BOLIN: Mm-hmm. JUDGE TINLEY: I'm confused. MS. BOLIN: That doesn't sound right. COMMISSIONER WILLIAMS: Keeping the salaries the 12-8-08 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 same? MS. HYDE: No. MS. BOLIN: Which way does that go? (Low-voice discussion off the record.) MS. BOLIN: I bet that's supposed to be a 16-12. MS. HYDE: Yeah. Yeah, that's a 16-12. MS. BOLIN: Okay. MS. HYDE: The 2 didn't show up on that o ne. It's 16-12, not a 16-1. COMMISSIONER BALDWIN: Yeah. These damn computers these days, you can't trust them. MS. BOLIN: That's right. COMMISSIONER WILLIAMS: And the number -- the salary number remains the same? MS. BOLIN: Yes, sir. JUDGE TINLEY: And it was 17 what? MS. BOLIN: A 17-8 to a 16-12. That way I still have my supervisor position for Motor Vehicle, and the employee that I moved there is currently at a 14-6, and to move him to a 17-2 would give him a $1,500 increase a year. JUDGE TINLEY: Okay. 14-6 to -- MS. BOLIN: 17-2. JUDGE TINLEY: 17-2. And that's 1,500? MS. BOLIN: Yes. COMMISSIONER OEHLER: Why a 17-2 and not a 17-1? is-s-os 71 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 (Low-voice discussion off the record.) MS. BOLIN: It's the same? MS. HYDE: Yes. Okay, there was an error. It's a 16-10, not 12, so that it remains the same. COMMISSIONER BALDWIN: We're going back up? MS. HYDE: Yes, sir. COMMISSIONER BALDWIN: Okay. See how those computers will do this? (Low-voice discussion off the record.) MS. HYDE: Did you catch that, Judge? COMMISSIONER WILLIAMS: No. MS. HYDE: The 17-8 goes to a 16-10. 16-10. COMMISSIONER WILLIAMS: Just lowered it two more notches, huh? MS. HYDE: Yes, sir. That way there's no increase. COMMISSIONER WILLIAMS: What about the question Commissioner 4 asked? COMMISSIONER OEHLER: Why -- the last one, you just said, was -- MS. BOLIN: 14-6 to a 17-2. COMMISSIONER OEHLER: Why a 17-2 and not 17-1? What was a 17-1? MS. HYDE: Which one? 14-6? COMMISSIONER OEHLER: Is that a legitimate question? is-s-os 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: Hopefully we'll get a legitimate answer. COMMISSIONER BALDWIN: I've got my doubts. JUDGE TINLEY: I already know the answer, but -- COMMISSIONER WILLIAMS: That would be nice. I'm not going to say what's on my mind. JUDGE TINLEY: The answer is because there's a change in job description. He's getting additional supervisory duties, so instead of going to 17-1, where he'd be making the 17-1, we give him a one-step increase for more money. COMMISSIONER WILLIAMS: I want to hear it. MS. HYDE: That is the answer. COMMISSIONER WILLIAMS: We're waiting on you to tell us. MS. BOLIN: 'Cause I want him at a 17-2. (Laughter.) COMMISSIONER OEHLER: That wasn't the answer I was expecting. COMMISSIONER WILLIAMS: That's not the answer. MS. BOLIN: No, he actually -- actually, the clerk I moved is doing all of the duties except ordering as the supervisor. He does the training, he does all the reports, he does the deposits, everything for Motor Vehicle. is-a-os 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Increased job responsibility? MS. BOLIN: Absolutely. COMMISSIONER OEHLER: There you go. COMMISSIONER BALDWIN: So -- so, that person has taken over Nell's duties? MS. BOLIN: Yes. COMMISSIONER BALDWIN: Is Nell the person right above? MS. BOLIN: Yes. COMMISSIONER BALDWIN: Okay. All right. COMMISSIONER LETZ: I thought we -- didn't we discuss -- or did we defer? MS. HYDE: Deferred. COMMISSIONER LETZ: Until we get the H.R. thing? MS. HYDE: Yes, sir. COMMISSIONER LETZ: So, we really don't have a policy that people start at 1 when they get an increase. MS. BOLIN: And I don't -- normally I start at a 1. But with nine years experience and not having to train, and putting her on the counter the first day after a holiday, and her just picking up like she's never been gone, I feel like that's an injustice. COMMISSIONER LETZ: What's a 17 -- what's the pay of a 17-1? MS. HYDE: As a 17 -- I'm sorry? 12-s-os 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 LETZ: 17-1. JUDGE TINLEY: Probably the same as the 14-6. MS. HYDE: 17-1 is 30,562.56. COMMISSIONER OEHLER: How much is a 2? COMMISSIONER LETZ: Well, it's a -- about $800 difference. So that's -- well, $800 to get to the -- getting him to a 17-1 would be $800. An $800 raise versus $1,500 raise. MS. HYDE: The other part that she hasn't mentioned is that now her people are cross-trained, so that we're not sitting there, and if someone separates, it's no longer as critical as it was before. You know, there's cross-training throughout, and that makes it a heck of a lot easier if you have a separation of some sort. MS. BOLIN: Also, the new employee coming in worked in Voter Registration for a couple of years before she left us. JUDGE TINLEY: On your Motor Vehicle stations, -- MS. BOLIN: Mm-hmm. JUDGE TINLEY: -- how many stations do you have? MS. BOLIN: I have four at the counter, one for the supervisor, and one in Ingram. JUDGE TINLEY: Okay. Those are the ones that are tied into TexDOT? MS. BOLIN: Yes, sir. is-s-os 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: Okay. What -- on a normal day, how many of those do you have going up front? MS. BOLIN: All four of them. JUDGE TINLEY: All four? Okay. MS. BOLIN: Oh, yeah. JUDGE TINLEY: I didn't know whether one was -- MS. BOLIN: Like a backup? JUDGE TINLEY: Yeah. Or, you know, when things got -- got crowded, extra heavy business day, why, then you'd staff that one. MS. BOLIN: No. The only one that would be used any differently would be the one the supervisor uses, and he can do mail there while -- while the clerks at the front are working the customers. JUDGE TINLEY: At the counter? MS. BOLIN: At the counter. JUDGE TINLEY: Okay. And you have in place positions in all four of those stations? MS. BOLIN: Yes, sir. JUDGE TINLEY: That are staffed? MS. BOLIN: Yes. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: I'm not an argumentative type person, but if I were, I would argue with you about that very last one. An employee with nine years experience, and 12-8-08 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 you're really not doing much here at all. What's your reasoning behind that? That person needs -- that's the one that needs to be bumped -- MS. BOLIN: I really thought that a 14-3 was pushing it, since they're supposed to start at a 14-1. So, I pushed it. COMMISSIONER WILLIAMS: After nine years experience? MS. BOLIN: Well, she hasn't been here in six years, so she's considered a new employee again in Kerr County. COMMISSIONER BALDWIN: Oh, she hasn't been here in six years? MS. BOLIN: Yes. MS. HYDE: Right. COMMISSIONER WILLIAMS: The first line of your document, I assume that that individual that you're telling us is released -- MS. BOLIN: Mm-hmm. COMMISSIONER WILLIAMS: -- is not going to be replaced? MS. BOLIN: The -- COMMISSIONER LETZ: The position. COMMISSIONER WILLIAMS: The position. MS. HYDE: No. is-s-os 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 COMMISSIONER WILLIAMS: I'm seeing a no -- MS. BOLIN: Mm-hmm. COMMISSIONER WILLIAMS: -- from H.R. I am seeing a no from the Tax Assessor. MS. BOLIN: I still -- I have filled a position, but not that one. COMMISSIONER WILLIAMS: Well, that's what you're doing on the bottom here, the last entry? MS. BOLIN: Right. COMMISSIONER WILLIAMS: Okay. COMMISSIONER OEHLER: Still going to have the same number of people. MS. BOLIN: Right. COMMISSIONER OEHLER: Just reducing the overall cost. COMMISSIONER LETZ: And that means you're -- I mean, but I don't -- do you plan on replacing that position? MS. BOLIN: No. COMMISSIONER LETZ: Okay. So, you're going to leave it? You're going to go down one supervisor and kind of divide the supervisor to into two supervisors? MS. HYDE: Yes. COMMISSIONER WILLIAMS: Is that a yes? MS. BOLIN: I'm sorry, yes. COMMISSIONER LETZ: Or into kind of one supervisor. 12-8-08 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 I guess my only problem is that -- and I guess we've done it so much that it doesn't make any difference at this point -- is that our job description is getting -- in relationship to the position schedule seems to get further and further undone. Almost every time we do something, we make a change, we're just raising a salary here and raising here and changing job descriptions around and changing supervisors' responsibilities around, and getting, you know, just to -- I don't mean at the whim, you know, of the elected official or department head, but that's kind of what it is. Obviously, you know how you want to run your office. I'm in favor of letting you run your office your way, but I just wonder how -- what we're doing to our job descriptions, 'cause we're rewriting them to fit the salary that we want to pay these people, which basically -- why have job descriptions like we do? Why -- I mean -- COMMISSIONER BALDWIN: That's an excellent point. I agree with you too, and I've always wondered if it -- if it would be possible to have, like -- like, a window of time -- like, our insurance, you know, you have this window of time to change and fit things in. Maybe at the budget time of the year, that would be the time to rearrange some people, and you can't come back until that -- is there any way to do something like that? MS. HYDE: I guess that would be up to y'all. i2-s-os 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 MS. BOLIN: And my problem would be in that situation, is that I had no intention of releasing this girl that actually -- COMMISSIONER BALDWIN: I understand that. Releasing people is one thing, but I don't think that's anywhere near what he's talking about. But all these other things, like adding Mr. Huff's duties, changing his duties and those kinds of things, you only do that once a year. MS. BOLIN: What I -- what I tried to do was to put the people from my Tax Department -- to be trained at tax time would have just been a nightmare. The person I moved over there was familiar with it. Since we're not in executive session, I'm not saying names, but the person that I moved over there is familiar with it. She had been answering phone calls and trying to help people by looking things up, so she was familiar. She had worked mail as far as collecting. For me to bring someone in who had no idea about the system, no idea about collections, no idea about the laws, and put them there during tax time -- COMMISSIONER BALDWIN: Okay, your point's taken. Good. COMMISSIONER WILLIAMS: Well, I have kind of a follow-up question. MS. BOLIN: Okay. COMMISSIONER WILLIAMS: I don't understand, on the i2-s-os 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 Number 2, you talk about there's no supervisor category. MS. BOLIN: Right. COMMISSIONER WILLIAMS: For taxes. MS. BOLIN: Right. COMMISSIONER WILLIAMS: Are you telling me that we've operated all these years, and there's no supervision over that? MS. BOLIN: The supervisor is the -- COMMISSIONER WILLIAMS: Who's -- MS. BOLIN: -- chief deputy and the Tax Assessor. COMMISSIONER WILLIAMS: So, what's the matter with the chief deputy now? MS. BOLIN: Nothing. COMMISSIONER WILLIAMS: Why would you change that supervision? Why would you ask for a supervisor if that's been under the purview of the chief deputy? MS. BOLIN: The person that I moved up is the one who does the books, does all the monthly reports, writes the checks, does all the refunds. So, the person who was sitting at the counter now has taken on that additional duty, which the chief deputy did not do. The chief deputy basically overlooks the departments, all three of my departments, covers where it's necessary, helps to train where it's necessary. COMMISSIONER WILLIAMS: Mm-hmm. 12-8-08 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. BOLIN: But the duties that this person has taken on are tremendous. What with the amount of money that we bring in, and the bookkeeping, that's the reason that I wanted the increase for her. JUDGE TINLEY: Let me ask a question, if I might. As long as there's no budgetary impact, cannot an elected official restructure their department and reallocate funds as long as there's no budgetary impact? COMMISSIONER LETZ: I think -- JUDGE TINLEY: It seems to me like the only issue we got that's in our lap right now is a new employee coming on at a -- at a step greater than one, and that requires the action of this Court. Is that not all we're dealing with here? COMMISSIONER BALDWIN: Yes, sir. COMMISSIONER LETZ: Doing more than that. COMMISSIONER OEHLER: I think that's correct. COMMISSIONER LETZ: I think we're doing more than that, because right now there's two 14's, a 15, and a 17, and we're changing it to a 14, a 15, a 16, and a 17. We're changing one of the 14's allocated to that office to a 16, and that's a pretty significant change. The dollars aren't changing because of tenure, basically. MS. BOLIN: Right. COMMISSIONER LETZ: So we're making -- it will have 12-8-08 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 long-term budgetary impact, because we're changing a 14 to a 16. MS. HYDE: Well, the other part of that, Commissioner, is that, unfortunately, you can't see that that 14 to 15 falls into the realm that the rest of those folks who are in there are all 15's except for that one position, so it brings that person into the same 15 grade that everybody else is in. COMMISSIONER LETZ: No, the 14's going to a 16. MS. HYDE: I thought the 14 went to a 15. COMMISSIONER LETZ: There was two 14's, a 15, and a 17, and now we're at a 14, 15, 16, and a 17. MS. HYDE: So one of them went to a 15. COMMISSIONER LETZ: So, a 14 went to a 15; 15 went to a 16? (Ms. Hyde nodded.) COMMISSIONER LETZ: And that has long-term impact, and it's changing -- I mean -- I mean, I agree with what the Judge said on the budget from the dollars standpoint, but, you know, it -- it long-term does have a budget impact. MS. BOLIN: At this point, I'm not real sure what's supposed to be brought before y'all. My understanding -- JUDGE TINLEY: So you brought it all. There you go. MS. BOLIN: The -- I knew the new employee needed i2-a-oa 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 83 to be. The other ones I wasn't sure of. But H.R. has requested a court order so that they can adjust the salaries on these other folks. COMMISSIONER BALDWIN: See, that is exactly right, that you need -- I think that she needs to come before us to get these correct numbers. JUDGE TINLEY: If the position schedule designates something other than what she's -- COMMISSIONER BALDWIN: That's exactly right. JUDGE TINLEY: -- asking for here, okay. COMMISSIONER WILLIAMS: Yeah, I agree. COMMISSIONER LETZ: I think the third one on the list could be done without coming to the Court for approval. That's -- COMMISSIONER WILLIAMS: That's lateral. MS. BOLIN: Yeah. COMMISSIONER LETZ: Well, it's going down. COMMISSIONER WILLIAMS: Salary lateral, not going down. COMMISSIONER LETZ: Salary lateral, but -- see, I look at the situation as going from a 17 to a 16. MS. BOLIN: Right. COMMISSIONER WILLIAMS: But, in effect, the salary is red-circled. COMMISSIONER LETZ: Right. So that's -- you know. 12-8-08 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: And sometimes you kind of view it as a -- a courtesy of information, you know. A courtesy call type thing, which I'm glad of. JUDGE TINLEY: Mm-hmm. COMMISSIONER WILLIAMS: When in doubt, go for overkill. COMMISSIONER BALDWIN: Yeah. MS. BOLIN: I have a tendency to overkill y'all all the time, though. COMMISSIONER WILLIAMS: Move approval. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made for approval of the -- of the changes and restructuring as requested by the Tax Assessor. Question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (Commissioners Baldwin, Williams, and Oehler voted in favor of the motion.) JUDGE TINLEY: All opposed, same sign. (Commissioner Letz voted against the motion.) JUDGE TINLEY: Motion does carry. MS. BOLIN: Thank you, gentlemen. JUDGE TINLEY: Okay. Let's come back to Item 20, if we might; consider, discuss, take appropriate action to approve formal appointment of the County Treasurer, Mindy Williams, as financial officer for the Victims Of Crime Act 12-a-oa 85 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 grant that funds Victims Coordinator position for the remainder of the 2008-2009 grant year, and for the new grant application for 2009-2010; authorize County Judge to notify the Governor's office of the change within 14 days of court MS. LAVENDER: I apologize for being late, but I had to go to AACOG this morning. When they say you will be here for a grant hearing, you will -- I mean grant workshop, you will be there for a grant workshop, or you don't get to apply for the grant. So, again, I apologize. Four years ago, when I started this program -- and I think in that period of time, you all understand the program and understand what's going on, and would like to see the program continue. And I think you would like to see the program continued with the influx of federal funding as long as it's available. I think, in reality -- and we've talked about this before -- down the road, and it may be this year, that these federal funds are going to decrease or dry up. There's a lot of people with their straw in the bucket right now trying to -- to make up for funding issues, and agencies, nonprofits and government both, that dip into VOCA funding. And VOCA and VAWA have been combined in this next grant year, so there's going to be a broader group of people with more straws, I'm afraid, into the program. They put a question on the grant application this year that says sustainability. In other 12-8-08 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 words, what happens if you don't get the grant funding? So, I think AACOG and I think the Governor's office both are in a realization that these funds are not going to go on forever. But one of the things that's required of the funding is that a financial report be submitted in order to get the money back. You submit a report, then they pay you the money back. I've never even seen an FSR; I don't even know what it looks like. I can't -- I can't submit it. It's out of my realm of things that I can do. COMMISSIONER BALDWIN: SFL? MS. LAVENDER: FSR is the financial report. COMMISSIONER BALDWIN: Report, okay. MS. LAVENDER: Okay. In this backup information that I believe Rex gave you, I made a chronological record of what's happened in the last year and a half. And last week, I called the Governor's office and talked with Leslie Holmes up there, who is the new Governor's representative that handles the VOCA grant money, and she confirmed for me that last year, as Ms. Hargis did say, there was some software problems, but that those software problems have been corrected. And this year, the first report that was due in October again was not done on time, and that was bad. It's not good for us; it's not good for the grant program. COMMISSIONER BALDWIN: Can you explain that, please? What do you mean? Who is responsible? 12-8-08 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. LAVENDER: Ms. Hargis is responsible for getting them in on time. COMMISSIONER BALDWIN: And they were not? MS. LAVENDER: And it was not -- it was not done on time again. MS. HARGIS: Can I -- MS. LAVENDER: So there were five quarters -- let me finish, please. So five quarters in a row, or five reports in a row have not been done. The first four was the software issue. I don't know how long into that four deals the software issue was corrected, but the fifth one was not done on time, and it was her fault, according to the Governor's office. Okay? We do have an issue. COMMISSIONER BALDWIN: Okay. MS. LAVENDER: When I found out that that one was not done correctly, and then shortly after that, we were put on vendor hold, I talked with AACOG. And the Judge has talked with AACOG too, I believe. And they suggested that we appoint a new financial officer for the grant. I also -- COMMISSIONER BALDWIN: And that'll fix that problem of -- MS. LAVENDER: I believe it will, because, you know, the -- the instructions for doing the FSR is on e-Grants; it's on the web. It's a matter of going in, the way I understand it, and logging on, and putting in what your lz-s-oa 88 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 expenses have been for that quarter and logging off, and then they send you the money. And you -- she can correct that if I'm not quite right on it. You have an option of doing it monthly, or you have an option of doing it quarterly. We have chosen to do it quarterly. Her decision. Most VOCA grant recipients do it on a monthly basis, because they have to have the funding. In other words, they don't have a -- a cache of money that they can draw from, like Hill Country Crisis Council and Kids Advocacy Place. They do theirs every month because they need that money returned to them every month. But, anyway, I talked with them. I talked with Judge Ables, who is her supervisor, told him what had happened, and he also suggested -- and he said for me to tell you that he supported that we do something about this now, before we get into any more difficulty with this grant and lose the grant. Then early -- well, midway last week, I called the Governor's office and talked with Leslie Holmes, and the -- the big red flag in the deal -- and I don't want to embarrass you, but she said that when the October report didn't go in on time and the memo was sent out, that when -- when Ms. Hargis called her, that she was very rude to her. She said later she e-mailed and apologized, and I don't know the circumstances around any of that. But the impression that we -- we're leaving in Austin is not good. It's not the 12-8-08 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 89 impression I want to be representative of Kerr County. I have nothing -- this is totally out of my control. I have absolutely nothing I, personally, Rosa can do about this, other than ask that the financial officer be changed in this grant. I understand since I sent in this agenda item that she says that the County Treasurer cannot do it because if you receive funds, that you can't do it. So, I guess what we need to do is come to some resolution of what we want to do, and then look for somebody else to do it. I don't think there's anything in the law that says the County Auditor has to be the financial officer. And when I talked to the Governor's office, they didn't seem to think that it was a problem for the Treasurer to do it, but I'll yield to her expertise in that, because I don't have that expertise. But I know that I am very, very frustrated, and I am very concerned. I mean, I get up every morning, come to work and do what I need to do to make this program work, and I'm afraid we're going to lose something here. And it's the image issue that's part of it with me, too. COMMISSIONER WILLIAMS: Well, my initial reaction to the request was that that's not an appropriate function for the Treasurer. MS. LAVENDER: Okay. Then -- COMMISSIONER WILLIAMS: The Treasurer is not here to say yes, it is, and the Treasurer didn't put this on the 12-8-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 90 agenda, so I have three problems with it. MS. LAVENDER: Okay. COMMISSIONER WILLIAMS: I want to hear from Ms. Hargis as well. MS. LAVENDER: Okay. COMMISSIONER BALDWIN: Do we need to get you some oxygen? I mean MS. LAVENDER: No. COMMISSIONER BALDWIN: Are you hyperventilating? MS. LAVENDER: No. No. MS. HARGIS: When I first took over the grant -- first of all, I didn't pick quarterly; my predecessor picked quarterly. The grant had some tremendous software problems that I've been fighting almost on a quarterly basis. COMMISSIONER LETZ: What kind of problems? MS. HARGIS: Well, you fill in the little box -- COMMISSIONER BALDWIN: Software. COMMISSIONER LETZ: Oh. MS. HARGIS: -- boxes and you send it in. And we fix it on a quarterly basis. And then if you look down, it has a schedule, and on this schedule, it says -- for instance, it'll say 9/30, and it has a date, and it's required by that date. And then for the next month, it may say October, and it says optional, and then it says November, optional. Well, the problem is, it says optional, but if you 12-8-08 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 don't go into the grant and say "no report due," they put you on hold. So, every month I have to go in there, whether there's a report due or not, and say "no report due," which is kind of screwy, because they tell you you don't have to do that. The October grant did go in on time. Unfortunately, it was my fault, because one of the little boxes -- there's three boxes that have dates in them, and I put 9/30 in two of them, and 7/31 I didn't pick up in the other one. The report was there on time; I have a date of when the report was issued. I just put the date in the wrong box. I don't remember whether I was rude to the lady or not, but you can understand, after a year of frustration with this software. In September I corrected the grant, and Rosa received an additional $5,000 that she deducted from her salary that she shouldn't have, and I applied for that, which lengthened it out a little bit more. She didn't ask for that; I was the one who discovered that. MS. LAVENDER: I didn't deduct it. MS. HARGIS: And when I issued that, I asked the clerk if I needed to do a final, because we were dealing with whether or not we could do it, and I sent it in; they approved it, and they said no final grant is due. Well, then they send me the hold-back and said the final grant was due. I have paperwork and concise statements of everything that I've done. I'm -- I'm very cognizant of the fact that it has 12-8-08 92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to be in on time, and I've done my very best to make sure that I do it as soon as I can do it after the end of the month, and I do a spreadsheet on it. I have all my backup on it. I send the Judge a copy of it when I send it, and that one did get in on time, except it was put -- the date said 7/31 instead of 9/30 in one box. So, I apologize for that, but it's not a matter of me not doing it on time; it's a matter of the software situation. It's a totally different type of a deal. You have boxes that will open and boxes that will not open. You don't put the current expenses; you put cumulative expenses. And they have a lot of dates on different boxes, and if you don't happen to open that one up, you might miss that day. I've probably made every mistake that you can make on this one, and I've talked to them about it. But when I was on hold in this last case, I had to take a number because there were so many people on hold that they couldn't possibly deal with everybody. So, I'm not the only one having trouble with the software. I'm not doing this -- I'm -- I'm very precise about what I do. I realize this has been a problem. I do the Juvenile and Adult Probation and I get those in on time. In fact, they're in earlier than they -- than my predecessor -- excuse me -- got them in. So, I know what I'm doing. It's just that there's -- they don't know what they're doing. And Leslie Holmes is a -- followed in under Laura 12-8-08 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Bettencourt, and the turnover in the Governor's office is tremendous. So, one person will tell you one thing, and then another person will tell you another thing, so it's kind of difficult. JUDGE TINLEY: What about the issue of -- from a reporting standpoint, of who is capable or qualified to do the report? MS. HARGIS: Well -- JUDGE TINLEY: As opposed to who is not, and for what reasons? MS. HARGIS: I don't know anything about the qualifications. I would say that the financial officer that does the grant should be the County Auditor, because the way we have the software set up right now, we have everybody locked out of the detail and a lot of the things in the General Ledger so that we don't have a problem with somebody accidentally -- because everyone has access now, since we've done the budget process, to the G.L. Mindy doesn't even have total access to everything. But in an internal control system, whether it be from the state level or any level, you certainly don't want the person who is receiving the money being the same person that's filling out the grant and -- and doing the G.L. I'm not going to stand here and tell you I didn't make mistakes, because I did, but the reports were in on time. I was talking to the Governor's office immediately. lz-s-os 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I think the Judge is aware of this. And -- and as soon as I submitted them, there's a place that turns -- and it says, "Your report has been submitted." I send a copy of that page to both Rosa and to the Judge so that they'll see it. It's the only thing -- COMMISSIONER LETZ: This Judge or that Judge? MS. HARGIS: This Judge. I haven't talked to Judge Ables about it. I didn't realize that -- that Rosa had. But it seems a little --you know, in addition to getting her that $5,000, I also got her the $3,000 for this year, so I've gone out of my way to do the best that I can for her. But I'm not -- I'm not perfect, and I have made some mistakes with this particular system, and it's a difficult system. But I don't think there's anything else I can do that I haven't done. JUDGE TINLEY: Question. I think it's acknowledged that there were some software problems for -- I guess up to the reporting for this fiscal year, this current one that we're in now. After the resolution of the glitches that we've talked about for this most recent report, are you and the Governor's office that handles this on the same page now? MS. HARGIS: I'm already -- I've already gone in on the lst day of December and said no report was due for the month of November. And the gentleman that I talked to -- I didn't talk to Leslie Holmes when I did -- when I -- when I 12-8-08 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 called them about the fact they said the report was not there on time, and he had to look, 'cause he saw it. He said, "No, the report is here. You just -- you just sent it in as of 7/31 instead of 9/30." So, the report was there on time, and -- and he acknowledged that, and he assisted me with that. And he said the problem is that the -- is the quarterly situation. I don't care if we change to monthly. It's -- you know, now I know where all the dates are. He and I went over all of that. And that was the reason for -- that they said that one was not on time, is because I missed one date. JUDGE TINLEY: Okay. So, on a go-forward basis, you and that office, in the Governor's office where they administer these grants, are on the same page on a go-forward basis? MS. HARGIS: Yes, sir. JUDGE TINLEY: Okay. COMMISSIONER OEHLER: Hope it's not another smoke screen. COMMISSIONER BALDWIN: I'm curious about something that's really not that important to this thing, but I just -- I'm just curious about it. If somebody like Rosa was to come to me and say, "Buster, you're not doing your damn job," I would say, "Well, take this job and shove it. You do it yourself, or go get somebody else to do it." Why are you 12-8-08 96 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 fighting to do this? MS. HARGIS: Because I've spent a year learning it and trying to -- when Tommy was here, he was having the very same problems that I'm having. It was a -- and because I feel like it's my responsibility to make sure that it's right, just like I got her the money back. I want to be sure that I assist these people with getting the very best for any grant or anything that they have. That's my job. I feel like that's my job. And she -- COMMISSIONER BALDWIN: Well, it ain't working. MS. HARGIS: No. COMMISSIONER OEHLER: I can't imagine you're the only person that can do these reports. That, to me, is -- doesn't make sense. Mindy did them for a long time, I think, too. MS. HARGIS: Mindy was in the Auditor's office. COMMISSIONER OEHLER: That's right, but she knows how to do them. MS. HARGIS: She did not do it on the software program; she did them by hand. I spoke with Mindy this morning. COMMISSIONER OEHLER: I have a hard time believing that -- COMMISSIONER WILLIAMS: Was that a function of the Treasurer's office? 12-8-08 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 97 MS. HARGIS: No, she was actually in the Auditor's office when she performed those, and she did them by hand. The software program did not go into effect, I understand, till about a year and a half ago. COMMISSIONER OEHLER: This is the law according to Ms. Hargis, in my opinion. COMMISSIONER LETZ: I mean, I think the -- grant accountability is very important. It's critical, and I think one office needs to do it. I don't really care what office that is, whoever it needs to be. But having multiple offices, I think, makes it worse. I think we need to have one office, one individual, whatever, be in charge of all grant compliances. Because -- well, it's just the way it is. We've got to. I mean, we have too many -- the down side is huge on all these grants, and this isn't a real big one. But -- COMMISSIONER WILLIAMS: We have some big ones. COMMISSIONER LETZ: But we do have some big ones, and we're probably going to have more big ones coming up, and -- you know, hopefully. And I think the -- you know, I think the Auditor's office is probably the right spot to do it. But it's got to be done. COMMISSIONER WILLIAMS: I agree. JUDGE TINLEY: Anything further to be offered in connection with that agenda item? 12-8-08 98 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: And correctly. COMMISSIONER LETZ: Right. COMMISSIONER BALDWIN: Well -- JUDGE TINLEY: Let's move to our 11:30 timed item, if we might. COMMISSIONER BALDWIN: Judge? JUDGE TINLEY: I'm sorry. COMMISSIONER BALDWIN: Can we hang there just for a minute? JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: I feel like we're -- we're leaving this undone, kind of. And I don't know how to do it, other than to ask the County Auditor for some kind of commitment that we're going to do this correctly from this point on, and timely, and those kind of things. I know that she was saying that she wants to do it, but is she going to? JUDGE TINLEY: That was the intent of my question when I asked her if she and those in the Governor's office that are responsible for this grant accounting were on the -- on a go-forward basis, were on the same page, and she said yes. I took that as that commitment, Commissioner. COMMISSIONER BALDWIN: Mm-hmm. COMMISSIONER WILLIAMS: I did, too. JUDGE TINLEY: Maybe -- maybe it -- the answer needs to be a little stronger. Is that what you're 12-8-08 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 suggesting? COMMISSIONER BALDWIN: Well, no, I'm not suggesting anything. I just -- I just .felt like we were a little bit undone. You know, I -- I just wasn't real clear. Are you going to do it? MS. HARGIS: I am going to do it. COMMISSIONER BALDWIN: All right. That's good enough for me right there. JUDGE TINLEY: Okay. Let's go to Item 16, if we might, the 11:30 timed item. It's a bit past that. Consider, discuss, take appropriate action to determine status of right-of-way for Bayless Drive North in Hill Country Ranch Estates. Commissioner Letz? COMMISSIONER LETZ: Yes. This is a -- I put this on the agenda after discussing this with Ms. Rector, who is here, and she can probably explain it a lot more. But as I understand the situation, it's -- there's a right-of-way that goes -- provides her access to her property, Goldie access his to his property, and then two other lots access to their property. It's a county right-of-way with a private road. And the question that I had initially was, I know people can't give us roads without accepting them, and I'm not sure if people can give us right-of-ways without accepting them or not. And I put it on the agenda to kind of get this out in the forefront, because there's some issues with the property 12-8-08 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 owners. We need to find out if this is a county issue, a county problem, or if this is a civil, private issue, in a nutshell. And the -- the problems, I think, are not really relevant; it's just whether this is a county issue or not. And I told Ms. Rector we'd put it on the agenda, and I talked with Rex about it briefly last week, and kind of -- see what he has to think. MR. EMERSON: My understanding is Ms. Rector's currently researching that issue. COMMISSIONER LETZ: So, want to pass at this time? Until we determine whose -- MR. EMERSON: I think you need to talk to Paula. COMMISSIONER LETZ: If it's not a county right-of-way, we have no authority. MS. RECTOR: Right. Good morning. COMMISSIONER LETZ: Good morning, Ms. Rector. JUDGE TINLEY: No, we are not doing aerobics. MS. RECTOR: What we wanted to determine was if the right-of-way was actually accepted by the County. This plat goes back to, I think, 1964, when that subdivision came into being. Our county road -- well, our road on the very outside of that subdivision was never developed. All the other roads within that subdivision are under county maintenance except for ours. We maintain that road, and it's just a little tiny dirt road that comes down to our place, goes beyond us, down lz-s-os 101 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 Goldens' place, and then goes into a ranch at the end. There's one lot in that ranch that's within the subdivision. What I also would like to determine as to whether that part of the easement from his locked gate through his lot that's locked gate there, if that part of the road was ever abandoned, the county easement was ever abandoned. And I did not find any record of it. I did go to the County Clerk's office a couple of weeks ago. We found where the Judge was ordered to write a letter to the property owners at that time about the locked gate, because it is through that easement. I never did find anything. And I need to do some further research with Cheryl in the County Clerk's office and see if she can come up with something that talks about the abandonment of that easement through there. COMMISSIONER LETZ: The other little bit of the question is, if you -- this is kind of to Rex, to make sure I'm thinking kind of somewhat correctly. If the -- the right-of-way is clearly on the plat of Hill Country Ranch Estates. By us accepting and approving that plat at some point in the past, does that action make it a, one, county right-of-way, and two, or -- and/or a public right-of-way? MR. EMERSON: Does not make it a county right-of-way, necessarily. Now, the fact that it's on the plat -- I mean, it's hard to say without seeing the plat. iz-a-os 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 But -- JUDGE TINLEY: I'm looking at the plat. MR. EMERSON: -- it specifically says it does -- and does hereby dedicate to the public for public use forever all roads shown hereon, except as indicated otherwise. So -- JUDGE TINLEY: They're dedicated to the public, the roads. COMMISSIONER BALDWIN: Including her road. JUDGE TINLEY: All roads shown hereon. COMMISSIONER OEHLER: '64, I can imagine that that probably meant that was supposed to be a county road. JUDGE TINLEY: This was in May of 1970, it looks like, that this section was platted. COMMISSIONER BALDWIN: Well, the -- you know, what about the issue of -- Rex, what about the issue of these old plats that came along, and I think this developer was known to do this kind of thing, of dedicating right-of-way to the County, and so they come along years later and start selling that land and say, "Look, here on the plat it says this -- this road is dedicated to the county." But the County never accepted it. You can dedicate all day long. MR. EMERSON: There's a long line of court cases that says if the County doesn't accept it, it's not the County's responsibility to maintain. COMMISSIONER BALDWIN: To me, that's kind of where is-e-os 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we are. JUDGE TINLEY: But there's still -- public still has rights in it by virtue of the dedication, right? MR. EMERSON: Still a public right-of-way, just not subject to county maintenance. JUDGE TINLEY: Yeah. COMMISSIONER BALDWIN: Okay. MS. RECTOR: So, in that case, would the easement -- the 60-foot easement still be legitimate? I mean, -- JUDGE TINLEY: Public. MS. RECTOR: -- there's still a 60-foot easement. COMMISSIONER LETZ: It's open to the public. COMMISSIONER BALDWIN: Now, who's the jerk that's got his gate over our easement? MS. RECTOR: I'm not naming names. Name's on the plat. There's a gate here; there's a gate here. COMMISSIONER BALDWIN: Oh. MS. RECTOR: Through this easement. COMMISSIONER BALDWIN: Is that Carrol Golden? MS. RECTOR: Well, no. SHERIFF HIERHOLZER: Better not be. MS. RECTOR: This is Goldie's place. There's a gate here going into this -- COMMISSIONER BALDWIN: Okay. MS. RECTOR: He owns this one lot. The rest is is-s-os 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 acreage, and then he owns this lot. COMMISSIONER BALDWIN: Okay, got it. MS. RECTOR: You got it right there, yeah. COMMISSIONER LETZ: It goes back to whether -- I mean, there's no record that anyone knows about of this being -- the County accepting this. Therefore, it's probably not our problem. Sorry, Ms. Rector. MS. RECTOR: Okay. COMMISSIONER BALDWIN: Well -- JUDGE TINLEY: It's not a problem if somebody wants to abandon it. COMMISSIONER BALDWIN: Yeah. To completely get it out of the County's business, we'd have to abandon it. MS. RECTOR: Right. JUDGE TINLEY: Abandon and vacate. COMMISSIONER WILLIAMS: Tell us, Paula -- COMMISSIONER LETZ: How do we abandon a public right-of-way that we don't have a right to? That we don't have an ownership? MS. RECTOR: Abandon the easement? What's the difference between a right-of-way and an easement? MR. EMERSON: Essentially the same for the purposes of this. MS. RECTOR: Okay. COMMISSIONER WILLIAMS: Paula, when you talked to 12-8-08 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 us about it, you indicated that everybody has access to their property. MS. RECTOR: Yes. COMMISSIONER WILLIAMS: On this plat that we're looking at, Lot 25, which has been identified as Babb, I guess? Is that -- MS. RECTOR: Yes. COMMISSIONER WILLIAMS: How does that individual have access to the property? MS. RECTOR: He uses our road, or Bayless Drive. We call it our road. We maintain the road; it's our road. COMMISSIONER WILLIAMS: Okay. MR. GOLDEN: And the gate going into it is on our property. COMMISSIONER WILLIAMS: On your property? MS. RECTOR: Mm-hmm. COMMISSIONER BALDWIN: Uh-huh. COMMISSIONER WILLIAMS: Oh. COMMISSIONER LETZ: So what we can do, then, Judge, I guess, to follow up on your -- the same as you did this morning, little bit different. We go through an abandonment process for a subdivision, or revision of plat, either way. So, you can do it. And revise the plat and get that out of being a public right-of-way. COMMISSIONER BALDWIN: Where does the property 12-8-08 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lines go to if you do that? COMMISSIONER LETZ: Ms. Rector's -- well -- JUDGE TINLEY: Property lines are -- they're MS. RECTOR: We own across the road. COMMISSIONER BALDWIN: I see. MS. RECTOR: To the other side. COMMISSIONER BALDWIN: You too, Goldie? MR. GOLDEN: Yes. MS. RECTOR: Yes, he does. MR. GOLDEN: Commissioner Letz, do you remember when the flood was, what year that was? COMMISSIONER LETZ: Which flood? MR. GOLDEN: The 4 to 5 inches. 2002? COMMISSIONER LETZ: Yeah, 2002. And -- yeah, that was -- '97 and 2002 were the two most recent. MR. GOLDEN: Yeah, 4 to 5 inches. Our bridge washed out. COMMISSIONER LETZ: Right. MR. GOLDEN: Mr. Babb did not help us at all to put the bridge back in. He did pay a little money, but he did no labor at all. We were landlocked because of his gate. He has two -- three different ways into his property besides the place that we're talking about. MS. RECTOR: So he doesn't have a problem getting i2-s-os 107 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 in and out, except we were cut off and they were cut off, because the bridge is right before you go into our place. Washed the bridge completely out. MR. EMERSON: Based on the limited facts, if there's a public right-of-way and it's locked, and that easement or that right-of-way has not been abandoned, then you got a potential obstruction of a public right-of-way. JUDGE TINLEY: Open it up, yeah. COMMISSIONER BALDWIN: Road and Bridge bulldozers need to be out there this afternoon. MR. GOLDEN: I agree. JUDGE TINLEY: Not to improve the road, but to knock down the gate. MR. GOLDEN: You got that right. COMMISSIONER BALDWIN: Yeah. COMMISSIONER LETZ: Most of my neighbors just drive through them when that happens. MS. RECTOR: I think what -- the whole thing that prompted this issue is that we put a water storage tank to our well, and it was in the easement. We have since then moved that tank, but now he is also, in the letter from his attorney, asking that we move the fences. It's just the Goldens, it's us, and it's him at the end of the road. We really can't afford to start moving fences just because he wants the fences moved. 12-8-08 108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: I wouldn't know why you would have to move a fence, or have a fence, period. But, anyways -- COMMISSIONER BALDWIN: Is he this fine citizen that has the gate across the public -- MS. RECTOR: Yes -- yeah. But we don't know that easement was ever abandoned. We didn't find any record of it at the time that I was in the County Clerk's office. We did find the record of the letters that the Judge wrote to the landowners at that time about the locked gate, and that was all that the Commissioners Court minutes said, was to write a letter concerning the locked gate. Never found anything after that that abandoned the easement. COMMISSIONER BALDWIN: Was it to remove the gate? MS. RECTOR: Well, I don't know. It just said concerning the locked gate. COMMISSIONER BALDWIN: Okay. MS. RECTOR: Through a public easement. COMMISSIONER BALDWIN: I would think that means move it. COMMISSIONER OEHLER: Correct me if I'm wrong, but it looks like there are gates at each one of those property lines, and that it's not linked with a fence. Doesn't have a fence on both sides -- MS. RECTOR: No, hmm-mm. 12-8-08 109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER OEHLER: MS. RECTOR: Right, COMMISSIONER OEHLER: property line, but the roadway And you have gates at each one is that correct? Or not? -- of that easement. got along that easement. So, just fenced on the is inside of the property. of the -- one of the tracts; MS. RECTOR: Now, say that again? COMMISSIONER OEHLER: Okay. MR. GOLDEN: Paula doesn't have any gates. MS. RECTOR: We don't have a gate. COMMISSIONER OEHLER: Y'all come in from here. You come in over here, all the way around -- MS. RECTOR: We come through here, then the road -- we've got a little road that comes up here, which we do have a gate right here on our property. Then it goes around and goes to Goldens, goes around. There's a gate right here. COMMISSIONER OEHLER: Okay, that's what I'm saying. So, every one of these, wherever there's a property line -- MS. RECTOR: There's no gate. COMMISSIONER OEHLER: There is no gate? MS. RECTOR: No. The only gate is right here. COMMISSIONER OEHLER: None of this is fenced? MS. RECTOR: All of our -- no. Goldie's -- are you fenced all the way? MR. GOLDEN: No. 12-8-08 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER OEHLER: You're not fenced all the way, so none -- and what -- MS. RECTOR: There is a hill right here. COMMISSIONER OEHLER: Okay. MS. RECTOR: And we tried to contact these people. They were trying to buy. We fenced our property because we eventually want to put animals there. COMMISSIONER OEHLER: Well, if this is not fenced, why are there gates there, I guess is my question. MS. RECTOR: Well, his -- going into his place, this is his ranch back here. He's got 200-something acres back here. COMMISSIONER OEHLER: Okay. MS. RECTOR: So he -- and he owns over on this side to a certain point. COMMISSIONER OEHLER: Okay. MS. RECTOR: So, he leases some of this land for grazing cattle, and he's got some cows on this property here. COMMISSIONER OEHLER: Okay. JUDGE TINLEY: And, Paula, you're in the process of doing some more research on this? MS. RECTOR: Yeah. JUDGE TINLEY: As to whether or not there's been an abandonment of any portion of the roadways shown? MS. RECTOR: I just want to make sure that whatever 12-8-08 111 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 find, that Rex looks at to make sure that we're all on the same page, 'cause I don't want to pursue this unless -- and then somebody say, "You're all wet, you can't do that." So -- JUDGE TINLEY: Okay. So, until you get all your research done and -- and clear with him, you're not asking this Court to do anything? MS. RECTOR: No. I -- this was the beginning to get the ball rolling, was to get it on the agenda to determine the status of the road. And then -- JUDGE TINLEY: Okay. MS. RECTOR: -- wherever we need to take it from there is where we'll take it. JUDGE TINLEY: I think this plat says what the status of that road is. MS. RECTOR: Okay. COMMISSIONER BALDWIN: And it says that it's a public -- public right-of-way, or public whatever. JUDGE TINLEY: Yeah, dedicated for the public. COMMISSIONER BALDWIN: Now what are you going to do? What are you going to ask us to do now? MS. RECTOR: Depending on whether Mr. Babb backs off on asking us to move everything out of the easement -- 'cause we've got it fenced, and yes, the fence is in the easement. But we've moved the tank, which is what prompted 12-8-08 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this whole thing. And if he'll back off on that, then -- then we can all live happily ever after and use the little dirt road that we maintain. I have no intentions of putting gates up anywhere to keep anybody from ingress and egress to their property. That was not the point. COMMISSIONER BALDWIN: So we're just going to shove it up under the carpet and go on with life? MS. RECTOR: I would not mind seeing that easement abandoned. COMMISSIONER BALDWIN: Huh? MS. RECTOR: I would not mind seeing that easement abandoned. COMMISSIONER I'm looking for. MS. RECTOR: COMMISSIONER his gates wherever he MS. RECTOR: COMMISSIONER MS. RECTOR: property. BALDWIN: I think that's the answer So we can maintain the road ourselves. BALDWIN: Yeah. And then he can put cants to. Well, yeah. LETZ: So you can -- Which he already has through his MR. GOLDEN: One thing, though. That land-locks us if we lose the bridge again. MS. RECTOR: Mm-hmm. MR. GOLDEN: If he can put his gates wherever he 12-8-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 113 wants. MS. RECTOR: Well, but he's got them locked. It's not -- COMMISSIONER LETZ: He's not letting you through there. MR. GOLDEN: Yeah. We were hung there for a while. JUDGE TINLEY: Okay, enough. Okay. You'll report back to us? MS. RECTOR: I'll report back to you. JUDGE TINLEY: All right, thank you. MR. GOLDEN: If I could bring up one other thing, Harry Reeh has the cattle on Babb's place, and he says that every time he goes out there, and he goes -- he told my wife just about every time he goes out there, the gate codes have changed. MS. GOLDEN: He says he changes them about every three months; he's paranoid or something. COMMISSIONER LETZ: Maybe he wants to keep Harry out of his property. MS. RECTOR: Those are Harry's cows. (Low-voice discussion off the record.) JUDGE TINLEY: Okay, thank you. MS. RECTOR: Okay. Thank you. JUDGE TINLEY: Let's move on to Section 5 of the agenda. Do we have any reports from Commissioners in iz-s-oa 114 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 connection with liaison or other assignments? Four? (Commissioner Oehler shook his head negatively.) JUDGE TINLEY: One? COMMISSIONER BALDWIN: No. JUDGE TINLEY: Two? COMMISSIONER WILLIAMS: No, sir. JUDGE TINLEY: Three? COMMISSIONER LETZ: No. JUDGE TINLEY: Any reports from elected officials or department heads? MR. EMERSON: I've already put an agenda item on for next Commissioners Court, but we seem to have an issue with elected officials' bonds making it through for payment. I submitted the invoice for my bond several weeks ago. I received a final notice yesterday. COMMISSIONER LETZ: So did I. MR. EMERSON: They're stalled out across the hall for some reason, and the bonds won't be submitted until the invoice is paid. So, I personally would like to be re-elected January 1st, so it's on the agenda for next Commissioners Court. COMMISSIONER LETZ: I got a notice too. MR. EMERSON: Just giving you a heads-up. COMMISSIONER BALDWIN: I don't think the problem's over here, to be honest. I think the problem's with the is-s-os ll5 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 bonding people that -- well, I won't say that. But I wasn't very nice to them the other day either. MR. EMERSON: All I know is that my invoice has not been submitted -- or was submitted; has not been paid. COMMISSIONER BALDWIN: Yeah. COMMISSIONER OEHLER: That will leave one person. JUDGE TINLEY: Ms. Hyde? MS. HYDE: Just real quick. COMMISSIONER BALDWIN: No. MS. HYDE: If it has to be on the next agenda, then we'll put it on the agenda, but we talked during the break about the H.R. capital loan budget. There's approximately $15,000 to $25,000, and we give that freely to the -- transfer towards the video conferences that Rex requests. JUDGE TINLEY: But still an I.T. -- MS. HYDE: Within the -- yeah, within the I.T. for him. And then the second one is just to let y'all know, the Auditor requested that H.R. take over the vehicle insurance through TAC, so I got the file two weeks ago. We deleted 14 folks and added 18, and it is now current for our vehicle insurance. JUDGE TINLEY: Drivers, you're talking about? MS. HYDE: Yes, sir. JUDGE TINLEY: Okay. MS. HYDE: Legitimate drivers. 12-8-OS 116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Everybody was cleared? MS. HYDE: Everyone has cleared. JUDGE TINLEY: Thank you. COMMISSIONER OEHLER: Temporarily. JUDGE TINLEY: Okay. Any other reports from elected officials? Department heads? You're afraid we're going to ask you for money if you stand up. Right, Sheriff? SHERIFF HIERHOLZER: You're right. JUDGE TINLEY: Okay. And we will. SHERIFF HIERHOLZER: You won't get it. JUDGE TINLEY: Okay, we'll be adjourned. (Commissioners Court was adjourned at 12:05 p.m.) STATE OF TEXAS ~ COUNTY OF KERR ~ The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 11th day of December, 2008. JANNETT PIEPER, Kerr County Clerk BY: __ ____ ___ _ Kathy anik, Deputy County Clerk Certified Shorthand Reporter i2-s-os ORDER NO. 31114 INTERIM SUBDIVISION ADMINISTRATOR Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Appoint Wayne Wells as our Alternate Subdivision Administrator, at the same rate as under our Contract. ORDEK NO. 31115 COUNTY TREASURER'S MONTHLY REPORT Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Baldwin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0 to: Accept Kerr County Treasurer's Monthly Report for October, 2008. ORDER NO. 31116 KERRVILLE KERR COUNTY JOINT AIRPORT BOARD Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve extension of Audit Due Date to March 31, 2009 for the Kerrville Kerr County Joint Airport Board. ORD1=;R NO. ~ l 117 LIBRARY BOARD Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Oehler, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Reappoint Janet Moseley to the Library Board fora 3 year term. ORDER NO. 31118 COMMISSIONERS' AND JUDGE'S LIAISON APPOINTMENTS FOR 2009 Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin the Court unanimously approved by a vote of 4-0-0 to: Approve the Commissioners' and Judge's Liaison Appointments for the calendar year 2009, as submitted under Court Order 30694. ORDER NO. 31119 BURN BAN ORDER RESTRICTING FIREWORKS Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve burn ban status, prohibiting the sale or use of restricted fireworks (i.e.: skyrockets with sticks" and "missiles with fins" in any portion of the unincorporated area of Kerr County. ORDER NO. 31120 APPOINTMENT OF CORAL ADEMA TO THE ALAMO AREA AGENCY ON AGING ADVISORY COMMITTEE Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Williams, seconded by Commissioners Oehler/Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve appointment of Coral Adema to represent Kerr County on the Alamo Area Agency on Aging Advisory Committee. ORDER NO. 31121 INTF.RLOCAI_. AURI~,EMENT WITH nLAMO ARF~,A COITNCII. OP GOVERNMENTS (AACOG) FOR CENSUS TRACTS DATA COLLECTION Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve the Interlocal Agreement with Alamo Area Council of Governments (AACOG) for collection and processing of data to designate census tracts for planning and census purposes, as long as the County Attorney agrees that it is acceptable. ORDER NO. 31122 DIVIDE VOLUNTEER FIRE DEPARTMENT CONTRACT Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Oehler, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve the Contract with the Divide Volunteer Fire Department, and authorize County Judge to sign same. ORDER NO. 31123 JOINT RESOLUTION WITH CITY OF KERRVILLF. IN SUPPORT OF GIFT BY HEB FOR EXPANSION OF BU1°C-1lOLl~SWOR"I~H MEMORIAL, 1.IBfZ~1ZY Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve Joint Resolution with the City of Kerrville in support of the gift by H.E.B. to rehabilitate/renovate and expand the Butt-Holdsworth Memorial Library facilities. ORDER NO. 31124 VOLUNTEERS FOR DEMOCRACY DAY Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve Proclaiming the second Tuesday in January as Volunteers for Democracy Day. ORDER NO. 31125 LIBRARY AGREEMENT WITH CITY OF KERRVILLE Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Oehler, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve the Library Agreement with the City of Kerrville for the funding of the Library. ORDER NO. 31126 RESOLUTION FOR VICTIMS OF CRIME ACT GRANT FOR 2009-2010 Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve Resolution for the submission of the Victims of Crime Act Grant proposal for 2009-2010 to the Office of the Governor, Criminal Justice Division, for funding the Kerr County Crime Victims Coordinator Program. ORDER NO. 31127 KERR COUNTY INDIGENT HEALTH POLICY Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Baldwin, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve of the proposed Kerr County Indigent Health Policy as presented. ORDER NO. 31128 CLAIMS AND ACCOUNTS Came to be heard this the 8th day of December, 2008, came to be considered by the Court various Commissioners Precincts, which said Claims and Accounts are: Accounts Expense 10-General $ l 85,183.24 14-Fire Protection $ 23,880.00 15-Road & Bridge $ 9,631.96 16-2008 Capital Projects $ 24,400.00 18-County Law Library $ 509.50 19-Public Library $ 33,333.33 39-Grant H-Misdemeanor Div $ 10,080.99 50-Indigent Health Care $ 50,187.10 76-Juv Detention Facility $ 8,431.78 83-216t~' District Attorney $ 10,320.46 TOTAL $ 355,958.36 Upon motion made by Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously approved by vote of 4-0-0 to pay the claims and accounts. ORDER NO. 31129 MONTHLY REPORTS Came to he heard this the 8th day of T~eccmber_ ?008, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve the Monthly Reports from: Constable Pct # 1 Constable Pct #4 County Clerk JP #3 Environmental Health ORDER NO. 31130 ABANDON, VACATE AND DISCONTINUE 21.20 ACRE PORTION OF COMANCHE CAVES RANCH Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Oehler, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve abandoning, vacating and discontinuing the 21.20 acre portion of land from the recorded plat of Comanche Caves Ranch, located in Precinct 4, and that Comanche Caves will provide a new plat to be signed by the County .fudge and both parties, to be filed of record showing the land that was vacated. ORDER NO. 3113 I JOB STATUS CHANGES FOR TAX ASSESSOR'S OFFICE Came to be heard this the 8th day of December, 2008, with a motion made by Commissioner Baldwin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 3-1-0 to: (Commissioner I,etz voted nay) Move approval of the changes and restructuring as requested by the Tax Assessor.