o~a~o~r REGULAR COMMISSIONERS' COURT AGENDA MONDAY, JANUARY 28, 2008, 9:00 A.M. COMMISSIONERS' COURTROOM KERB COUNTY COURTHOUSE KERRVILLE, TEXAS 78028 THIS NOTICE IS POSTED PURSUANT TO THE TEXAS OPEN MEETINGS ACT. (TITLE 5, CHAPTER 551, GOVERNMENT CODE AND TITLE 5, CHAPTER 552, GOVERNMENT CODE.) This Commissioners' Court will hold a meeting at 9:00 A.M., Monday, January 28, 2008, at the Kerr County Courthouse in the Commissioners' Courtroom. CALL MEETING TO ORDER VISITORS INPUT Citizens wishing to speak on items NOT listed on the regular agenda, please fill out form for consideration at this time. Citizens wishing to speak on items LISTED on the regular agenda, please fill out request form for consideration during discussion on that specific item. In order to expedite the flow of business and to provide all citizens the opportunity to speak, the Judge may impose a three (3) minute limitation on any person addressing the court. COMMISSIONERS' COMMENTS Commissioners and / or the County Judge may use this time to recognize achievements of persons in their Precinct or to make comments on matters not listed on regular agenda. I CONSIDERATION AGENDA: (Action may be taken on Items listed below) 9:00 AM ~ 1.1 Consider, discuss and take appropriate action on request cam, from Pastor Santos Ortiz, on behalf of Vineyard Christian ~~ ~ ~a4~myo ~~.~ ©~ 1 Pte, KI3RR~!~Cf. CLERIC 7'~: Z? ~M 8 Fellowship, to use the Union Church Building on a regular basis for church services. (Pastor Santos Ortiz) 9:05 AM 1.2 / 1.3 ~~y 3° Consider, discuss, and take appropriate action to authorize Human Resources Department to seek application for open position of Department Head for Court Compliance Department. (Executive Session) (Comm. Baldwin, Pct. 1) Consider, discuss and take appropriate action on tying allowance to those who decline participation in Kerr County basic health benefits program to the premium amount paid by retirees for participation in Kerr County basic health benefits program. (Eva Hyde) 9:15 AM / 1.4 Complaint from Mr. and Mrs. Lara concerning the 8 ~ handling of OSSF issues. (Comm. Letz, Pct. 3) 9:30 AMA 1.5 Consider, discuss and take appropriate action on request 3 from St. Peter's School to utilize the Youth Exhibit 7j0~ ~ Center at a reduced rate for the "St. Peter's Spring Fling" on May 1, 2008. (Jody Behrens) 1.6 Consider, discuss and take appropriate action on fee ~~~ schedule for Kerr County Subdivision Rules and ~ Regulations. (Comm. Letz, Pct. 3) 10:00 AM 1.7 Public Hearing for Revision of Plat for Lots SA & SB of Grotto Springs Ranches 1, Vol. 7, Page 287, Pct. 3. ~ 'r `~~~r (Leonard Odom, Jr.) 10:05 AM/ 1.8 Public Hearing for Revision of Plat for Lots 14KR & 15, ~~~~ „~. Falling Water, Vol. 6, Page 300-306, Pct. 3 (Leonard ~~ ~""" Odom, Jr.) / 1.9 Consider, discuss, and take appropriate action for the O~ Revision of Plat~for Lots 14KR & 15, Falling Water, Vol. 6, Page 300-306, Pct. 3. (Leonard Odom, Jr.) ~.10 Consider, discuss, and take appropriate action to revise Infamous 1169, Vol. 8, Page 10; Release Letter of Credit; ~ 0~ ~ and set a Public Hearing if needed, Pct. 4. (Leonard `~~ ~0~ Odom, Jr. ) 1.11 Consider, discuss, and take appropriate action for the ,g(,~,Kr~ Concept of Jack Hall Lot 44-C-1 (unrecorded), Pct. 1. n1 ~ ~C v'" _ _ (Leonard Odom, Jr. ) 1' / 1.12 Consider, discuss, and take appropriate action concerning ~~ 0'1 the Road & Bridge Vehicle Policy. (Leonard Odom, Jr.) 1.13 Consider, discuss and take appropriate action for right- C of-way on Wilson Creek Road and how it relates to Kerr 0 ~( County subdivision platting requirements. (Comm. Letz, Pct. 3) 10:15 AM'/ 1.14 Consider, discuss, and take appropriate action on request ~^ by Kerrville VA Medical Center for water well sanitary ~ easement on Kerr County Juvenile Detention Facility property. (Billy Steiner) 10:30 AM~/1.15 Consider, discuss and take appropriate action on request ~ $~ from Kerr County YMCA to utilize the Union Church 3~~ Building at a reduced rate. (Brenda Chapman) /1.16 Consider, discuss, and take appropriate action to appoint Bud Fawcett as a new member to ESD # 1 and re-appoint ~b~ ~ Johnnie Hawkins, both for Z year terms. (Comm. Oehler, Pct. 4) / 1.17 Consider, discuss, and take appropriate action regarding p -the annual maintenance agreement with ABA Moriah 3~1~ Corporation for the Printonix P5209 Printer located in the Tax Office. (Judge Tinley) 1.18 Consider, discuss and take appropriate action to accept the annual racial profiling report for fiscal year 2007. ~~~ (Comm. Baldwin, Pct. 1 /Constable Lavender, Pct. 1) F /1.19 Consider, discuss and take appropriate action on the 3~1 ~at, Capital Projects Preliminary List for inclusion in the Capital Improvement Loan. (Jeannie Hargis) /1.20 Presentation of audits on the following departments: Tax ~~~~,~;d, Assessor Collector / ESD No. 2 /Mountain Home VFD / p ~`"''"'``~~ County Clerk /District Clerk. (Jeannie Hargis) 1.21 Consider, discuss, and take appropriate action to ~- authorize participation in TexPool and Designating ~j(`~1 ~~ authorized representative. (Jeannie Hargis) 1.2,E Consider, discuss and take appropriate action on personnel /Leonard Odom. (Executive Session)(Comm. Baldwin, Pct. 1) CLOSED MEETING A closed meeting will be held concerning the following subject(s): II. EXECUTIVE SESSION: This meeting is authorized by Section 551, Government Code and Section 552, Government Code. 2.1 Consultation with Attorney and all pending and possible litigation as per Section 551.071, Government Code. (County Attorney) 2.2 Personnel Matters as per Section 551.074, Government Code. (County Judge) 2.3 Deliberations Regarding Economic Development Negotiations as per Section 551.087, Government Code. (County Judge) 2.4 Deliberation Regarding Real Property as per Section 551.072, Government Code. (County Judge) OPEN MEETING An open meeting will be held concerning the following subject(s): III. ACTION AGENDA: 3.1 Action. as may be required on matters discussed in Executive Session. IV. APPROVAL AGENDA: 4.1 Pay bills. 3 p ~ ~ ~ ~~) ~- 0-0 4.2 Budget Amendments. (County Auditor) 4.3 Late Bills. (County Auditor) 4.4 Approve and accept Monthly Reports. 3 0 ~ (S 3l V. INFORMATION AGENDA: 5.1 Reports from Commissioners/Liaison Committee Assignments. 5.2 Reports from Elected Officials/Department Heads. 5.3 Reports from Boards, Commissions and Committees. a). City/County Joint Projects or Operations Reports b). Other y-o-~ A person's right to burn outdoors is not absolute Outdoor Burning Outdoor burning in Texas is subject to many possible limitations. Local ordinances, governmental entities. and air quality control regulations may restrict when, where, hove and if individuals and organizations can conduct outdoor burning. [n addition, Texas criminal statutes specify penalties that pertain to escaped control fires and deliberately setvvildland fires. Persons responsible for escaped control or arson wildfires may also be faced with civil suits for damages caused by these fires. Numerous entities, including theNational Weather Service and the Texas Forest Service, may issue advisories, watches or warnings, when weather and fuel conditions increase the risk of escaped fires and/or the severity of wildfires. Public cooperation during the dangerous wildfire coi~iditions is essential to prevent needless wildfires and the. losses they may cause. Local Ordinances Some municipalities have enacted local ordinances that prohibit or restrict outdoor fires within their corporate limits. Residents should ahvays check with municipal officials about possible limitations on outdoor burning, so they do not unintentionally violate an existing ordinance. Governmental Entities under conditions of extreme fire danger, governmental units may issue a ban on outdoor burning to help prevent possibly disastrous wildfires from occurring. Aa>unty judgeand county commissioners court may issue a ban on outdoor burning that is applicable to unincorporated portions of the county. (The Texas Forest Service does not issue burn bans). County officials may cite the Texas Disaster Act of 1975 (Chapter 418 F,mergency Management) or HB 2620 Outdoor Burning (Chapter 352, Subchapter D, Local Government Code) as the basis for the county's ban. Prior to 1999, most burning bans were based on the DisasterAct, which required a disaster declaration noting a present or imminent threat of natural disaster. In the case of a county, the county judge may issue a burning ban (or other emergency measures) for a period of seven days. Continuation of the burning ban longer than seven days is contingent on a vote of the county commissioners court to extend the ban. Violators of a burn ban under this legislation would be cited for failure to comply with the Emergency Management P-an. The plan may prescribe a punishment for the offense of a fine up to $1,000 or confinement in jail for a term up to 180 days. h~ 1999 the Texas Legislature enacted HB 2620, which specifically addressed outdoor burning. This act authorizes counties to prohibit or restrict outdoor burning and provides a criminal penalty for noncompliance. tinder this act, the commissioners court of a county by order may prohibit or restrict outdoor burning in general or in all or part of an unincorporated area of the county. An order must specify the period during which outdoor burning is prohibited or resh•icted, up to a maximum of 90 days. "1'o continue the ban, the commissioners court may adopt an order that takes effect on the expiration of the previous order. A person commits an offense if the person knowingly or intentionally violates the outdoor burning prohibition or restriction. An offense is a Class C misdemeanor, which is punishable by a fine up to $500. HB 2620 does not apply to outdoor burning activities (1) related to public health and safety that are authorized by the Texas Natural Resource Conservation Commission (Texas Commission on Environmental Quality) tor: (A) firefighter training; (B) public utility, natural gas pipeline. or mining operations; or (C) planting or harvesting of agriculture crops; or (2) that are. conducted by a prescribed burn manager certified under Section 153.048, Natural Resources Code, and meet the standards of Section 153.047, Natural Resources Code. Air Quality Regulations Excerpted from TCEQ publication ~~Outdoor Burning in Texas" Outdoor burning impacts air quality. Regulations to minimize possible adverse impacts of outdoor burning are now administered by the Texas Commission on Em~iromnental Quality (TCEQ). The purpose of the current version of the Outdoor Burning Rule is to protect the environment, promote public health and safety, and avoid nuisance conditions through the sensible regulation of outdooe burning. Only- those portions of the outdoor burning regulations that most pertain to homeowners and rural residents are included in the following information. General Prohibition The Outdoor Burning Rule first prohibits outdoor burning anywhere within the state of Texas, and then allows for exceptions for specific situations in which bw•ning is necessary or does not pose a threat to the environment. The rule also prescribes conditions that must be met to protect the environment and avoid other adverse impacts when burning is allowed. Outdoor disposal or deposition of any material capable of igniting spontaneously shall not be allowed without written permission of the TCEQ executive director or authorized staff representatives. ;~, ~:'. Exceptions to Prohibition of Outdoor Burning Firefighter Training Entities that conduct firefighter training may obtain authorization to conduct outdoor burning for training, including training in the operation of fire extinguishers. The entity responsible for training must send a written request to the local air pollution control agency or the TCE.,Q regional office. The burning must not cause a nuisance or traffic hazard. Fires for Recreation, Ceremony, Cooking or Warmth Outdoor burning is allowed when used solely for recreational or ceremonial purposes, in the noncommercial prepara- tion of food, or exclusively as a means to provide warmth in cold weather. [n other words, campfires. bonfires and cooking fires are allowed. Fires for Disposal or Land Clearing Domestic Waste - I~iousehold trash or rubbish may be burned when the local governmental entity that has jurisdiction over such matters does not provide on- premises trash collection service or authorize a business or other entity to provide on-premises trash collection service. To qualify for this exception, the waste must come from a residence designed and used exclusively as a private residence for no more than three families. The waste must also be burned on the property where it was produced. On-site burning of waste plant growth - Trees, brush, grass, leaves, branch trimmings and other plant growth may be burned on the property on which the material grew. Additional requirements and restrictions apply depending on the attainment status of the county in which the burning takes place. h~ most attainment counties, burning of waste plant growth is allowed regardless of how the material was generated. In nonattainment counties, burning of waste plant materials is allowed to maintain rights-of--way, clear land or maintain the banks of water canals where there is no practical alternative. Crop residues - Whexe there is no practical alternative, crop residues may be burned for agricultural management. Compliance with TCEQ regulations does not mean that other, stricter laws. regulations or ordinances cannot be enforced by city, county or other governmental entities. There may be. local ordinances or county burn bans that regulate burning; if so. you musC comply with all such regulations (e.g. county burn bans) as well as the TCEQ rules. Brush, trees, etc., off-site - A county or municipal government may request site and burn approval from the 'T•CEQ regional office to burn accumulations of brush, trees and other plant growth that cause a condition detrimental to public health and safety. The burning may not occur at a municipal solid waste landfill without obtaining permission from the TCEQ beforehand. Prescribed Burns - 't'his exception covers the use of fire to manage forests. rangeland, wildland and wildlife, and, in 14 counties, coastal salt marsh. Salt- marsh burning entails more specific notification requirements. General Requirements for Burning The following requirements apply to the specific situations for which they are mentioned above. Note: The party responsible forthe burn remains liable for damages, injuries, or other consequences that may result firom burning, even when it is carried out in compliance with these regulations. These. requirements also do not exempt or excuse anyone from complying with all other applicable laws or ordinances, regulations and orders of governmental entities having jurisdiction. Burn only outside the corporate limits of a city or town, unless the incorporated city or town has an ordinance that permits burning and is consistent with the Texas Clean Air Act. Begin orc;ontinue bun~ingonly when wind direction and other weather conditions arc such that smoke and other pollutants will not present a hazard to any public road, landing strip, or navigable water (e.g. lake, river, stream or bay) or have an adverse effect on any oft-site structure containing '`sensitive receptors." Post someone to flag traffic if at any time the burning causes or may tend to cause smoke to blow onto or across a road or highway. Keep fires downwind of or at least 300 feet (90 meters) away from any neighboring structure that contains sensitive receptors. '['his requirement may be waived only with the priorwritten approval of whoever owns or rents the adjacent property and either resides or conducts business there. Begin burning no earlier than one hour after sunrise, end it the same day and no later than one hour bet<~re sunset, and. make sure that a responsible party is present while the burn is active and the fire is progressing. Winds must be from six to 23 miles per hour during the burn period. Burning dw•ing temperature inversions or air stagnation advisories is prohibited. Don't burn any electrical insulation; treated lumber; plastics; construction or demolition materials not made oi' wood; heavy oils; asphaltic materials; potentially explosive materials; chemical wastes; or items that contain natural or synthetic rubber. Notify the Texas Forest Service before carrying out any prescribed or controlled burns that are intended for forest management. For complete coverage of air quality regulations as they pertain to outdoor burning, consult the website for the Texas Commission on Environmental Quality at http://www.tceq.state.tx.us/. A TCEQ publication entitled Outdoor Burning in "Texas explains regulations in more detail and contains the answers to commonly asked questions. It can be accessed via the Internet at http:i/ www.tceq.state.tx.us/comm exec/ forms pubs/pubs!rg/rg-049.htm 1. Texas Penal Code -Outdoor Burning Offenses Provisions within the Texas Penal Code address escaped control burning and deliberately setwildlandfires. An offense under this section is a class C misdemeanor, punishable by a fine not to exceed $~00. Stop Arson TITLE 7 OFFENSES AGAINST PROPERTY CHAPTER 28 Arson, Criminal Mischief, Property Damage or Destruction £28.04 Reckless Damage or Destruction A person commits a crime if he recklessly allows his fire to damage or destroy someone else's property. A person acts recklessly, or is reckless, when he is aware of but consciously disregards a substantial and unjustifiable risk that his burning will escape from his control and result in damage to the. property of another. £28.02 Arson A person commits a violation if he starts a fire or causes an explosion with intent to destroy or damage any vegetation, fence or structure on open space land. "Open space land"' means real property that is undeveloped for the purpose of human habitation. Wildland arson is a second degree felony unless the fire results in bodily injury or death. The offense becomes a first degree felony if someone is injured or killed because of the fire. Punishment for wildland arson includes a possible fi~~ie up to $10,000 and confinement in the Texas Department of Criminal Justice ranging from two years to tile. Report suspicious fire activity to your local law enforcement office or call the toll-free phone number shown below. Tf)-ire A°so _€ltt L~~rc~ -~ You may be eligible for a reward up to $2,000 if your information leads to the arrest and grand jury indictment of the person or persons responsible i~~r arson. Guidance Fire Weather Watches and Warnings National Weather Service offices issue daily fire weather forecasts that state and federal natural resource agencies use to plan deployment of wildfire detection and firefighting resources. NWS offices also issue fire weather watches and red flag warnings when weather and fuel conditions are expected to occur that significantly increase the risks of dangerous wildfires. Typically, these are short duration events. "The 'T'exas forest Service will also publicize the existence of dangerous fire conditions as they occur, to increase public awareness of the danger and encourage increased attention to outdoor fire safety. The National Weather Service will issue a "Fire Weather Watch'" to alert fire control officials and the public to the possible development of Red Flag conditions in a particular area or region in the near future (up to 72 hours in advance). Red Flag Warnings are issued when expected fuel (vegetation) and weather conditions will increase the likelihood of escaped control fires and rapid rates of spread of existing wildfires. Weather criteria for Fire Weather Watches and Red Flag Warnings across "Texas will vary somewhat with each NWS warning area. based on the vegetation, topography and distance from the Gulf of Mexico. For a Red Flag Warning to be issued, predicted afternoon and evening relative humidity levels are expected to fall to 25 percent or lower, sustained winds at 20 feet above the ground are expected to exceed 15 miles per hour for at least two hours, and high fire danger is in place. Fire Prevention Can Cut Wildfire Load Vrevention of human-caused wildfires holds the key to a significant reduction in the number of wildfires. People and their actions cause over 90 percent of all wildfires in Texas. Successful fire prevention efforts aimed at reducing fires caused by careless debris burning will pay the biggest dividends in reducing wildfire occurrence. L;nattended burning of household trash and brush piles, with poor or no firebreaks, accounts for a majority of debris fires. Burning leaves and other yard debris and burning off garden spots and pastures also conh•ibute significantly to the wildfire load. TEXAS FOREST SERVICE The Texas A&'M University System http://texasforestservice.tamu.edu Keetch-Byram Drought Index What It Measures and Means for Firefighters The Keetch-Byram Drought Index (KBDI) is astand-alone index that can be used to measure the effects of seasonal drought on fire potential. The numeric value of the index is an estimate of the precipitation amount (in hundredths of inches) needed to bring the soil back to saturation. A value of '`U" reflects complete saturation of the soil. The index deals with only the top 8 inches of the soil profile, so the maximum KBDI value is 800 or 8.0 inches of precipitation that would be needed to bring soil back to saturation. As KBDI value increases, the vegetation is subjected to increased stress due to moisture deficiency. At higher values, desiccation (or wilting) occurs, and live plant material is added to the dead fuel loading on the site. Also, an increasing portion of the duff/litter layer becomes available fuel at higher KBDI index values. KBD[ values are more closely tied to fire danger during the active growing season than during the winter months, so low dormant season KBDI values do not necessarily correspond to to«- fire danger. Soil moisture can be abundant during the winter, but dormant vegetation gets its moisture largely from the humidity in the air, not lrom the soil. Dormant grass and weeds will dry rapidly during periods of dry, windy winter weather and can become highly fire-prone, even while the underlying soil remains damp or very wet. For an indication of how KBDI values eon•elate with potential fire behavior, go to the following Internet website: http://www.tamu.edu/tire! and then to Predictive Services. A wealth of other f re-related information is also available. Wildfire rich assessment personnel and fire behavior analysts look at many other fire-related factors besides KBDI - particularly during the dormant season - to determine the expected risks of vv~ildfire ignitions and difficulty of control. Fire control leaders then have a more comprehensive picture of potential wildfire activity and behavior on which to base decisions on resource staffing and placement. '`The Texas Forest Service is an Affirmative Action/Equal Opportunity Employer committed to excellence through diversity."