1 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 Special Session Monday, January 28, 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 v a4 b0 C`f 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 T rT Tl F. X January 28, 2008 --- Commissioners' Comments 1.1 Consider/discuss, take appropriate action on request from Pastor Santos Ortiz on behalf of Vineyard Christian Fellowship to use Union Church building on a regular basis for church services 1.2 Consider/discuss, take appropriate action to authorize Human Resources Department to seek applicants for open position of Department Head for Court Compliance Department (Executive Session) 1.3 Consider/discuss, 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 1.4 Complaint from Mr. and Mrs. Lara concerning the handling of OSSF issues 1.5 Consider/discuss, take appropriate action on request from St. Peter's School to utilize the Youth Exhibit Center at a reduced rate for the "St. Peter's Spring Fling" on May 1, 2008 1.6 Consider/discuss, take appropriate action on fee schedule for Kerr County Subdivision Rules and Regulations 1.10 Consider/discuss, take appropriate action to revise Infamous 1169, Vol. 8, Page 10; release Letter of Credit and set a public hearing if needed 1.7 Public Hearing for Revision of Plat for Lots 5A & 5B of Grotto Springs Ranches 1 1.11 Consider/discuss, take appropriate action for the concept of Jack Hall Lot 44-C-1 (unrecorded) 1.8 Public Hearing for Revision of Plat for Lots 14KR & 15, Falling Water 1.9 Consider/discuss, take appropriate action for revision of plat for Lots 14KR & 15, Falling Water 1.14 Consider/discuss, take appropriate action on request by Kerrville VA Medical Center for water well sanitary easement on Kerr County Juvenile Detention Facility property 1.12 Consider/discuss, take appropriate action concerning Road & Bridge vehicle policy 1.15 Consider/discuss, take appropriate action on request from Kerr County YMCA to utilize the Union Church Building at a reduced rate 1.16 Consider/discuss, take appropriate action to appoint Bud Fawcett as a new member to ESD #1 and reappoint Johnnie Hawkins, both for 2-year terms PAGE 5 13 19 20 40 42 45 50 51 58 59 61 69 80 84 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) January 28, 2008 PAGE 1.17 Consider/discuss, take appropriate action regarding the annual maintenance agreement with ABA Moriah Corporation for the Printonix P5209 printer located in the Tax Office 85 1.18 Consider/discuss, take appropriate action to accept the annual racial profiling report for fiscal year 2007 85 1.13 Consider/discuss, take appropriate action for right-of-way on•Wilson Creek Road and how it relates to Kerr County subdivision platting 87 1.19 Consider/discuss, take appropriate action on the Capital Projects Preliminary List for inclusion in the Capital Improvement Loan 95 1.20 Presentation of audits on the following departments: Tax Assessor Collector, ESD No. 2, Mountain Home VFD, County Clerk, District Clerk 111 1.21 Consider/discuss, take appropriate action to authorize participation in TexPool and designating authorized representative 113 1.22 Consider/discuss, take appropriate action on personnel/Leonard Odom (Executive Session) --- 4.1 Pay Bills 116 4.2 Budget Amendments --- 4.3 Late Bills --- 4.4 Approve and Accept Monthly Reports 124 5.1 Reports from Commissioners 124 5.2 Reports from Elected Officials/Department Heads 129 --- Adjourned 130 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On Monday, January 28, 2008, at 9:00 a.m., a special 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 which was scheduled and posted for this date and time, Monday, January 28th, 2008, at 9 a.m. It is a bit past that time now. Commissioner Letz? COMMISSIONER LETZ: Would everyone please stand join me in a moment of prayer, followed by the pledge. (Prayer and pledge of allegiance.) JUDGE TINLEY: Thank you very much. At this time, if there's any member of the public that wishes to be heard on a matter that is not a listed agenda item, feel free to come forward at this time. If you wish to be heard on an agenda item, we'd ask that you fill out a participation form. They can be found normally at the rear of the room. If they're not there, why, we'll try and scare some up for you. At any rate, if you wish to be heard on an agenda item and haven't filed a participation form, get my attention in some way or fashion when we get to that item and I'll see that you're -- you have an opportunity to be heard. But right i-as-os 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 now, if there's anybody 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'll move on. Commissioner Letz, what do you got for us today? COMMISSIONER LETZ: Just seems like a lot's happened since the last time we were here. Been a busy couple of weeks. I know we had a successful stock show. I'd like to thank all the buyers that came out to that to make it a -- we didn't just break the record by a little bit; just knocked the socks off of it, over $100,000 higher than previous years, so it's about a 12, 13 percent increase, which is phenomenal. Thank everyone there. Thank all the kids that participated, all the volunteers. I think it went very smooth, from what I could tell when I was out there. And -- and I think the rotating the jobs around a little bit -- Bruce and I kind of split the hogs up this year. Makes it a lot easier than having to be in the hog barn all day. COMMISSIONER OEHLER: For two days. COMMISSIONER LETZ: For two days. Other than that, we just had a little bit of a break, were able to get some burning done in a lot of areas around the county. I'm probably going to put it back on this afternoon to go back in tomorrow, 'cause I think it's a very windy day. Unless we i-zs-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 get some appreciable rain today, which we may, but I doubt. Other than that, you'll probably hear a little bit of a frog in my throat. We've been round and round with stuff at our sick herself, but the kids are better, though. That's about it, everything's that's going around. Bruce? JUDGE TINLEY: Commissioner Oehler? COMMISSIONER OEHLER: Well, all I would say is I'm the windy conditions. I don't believe we're going to get much appreciable rain. And Ray Lynch, besides that, called me from Ingram and asked to do it. I think they had three, four fires burning in the county somewhere yesterday, and he was helping Kerrville on one of their fires. Another instance where our volunteers back up the city of Kerrville. Sometimes they don't have but one vehicle available for us. But, anyway, I'm going to put it back on, and a lot of people did get a lot of burning done during the time we had. And, yes, the shock show was, I believe, a total success, and hopefully we can do something with that facility in the coming years to enhance the operation of it and use of it. That's it. JUDGE TINLEY: Commissioner Baldwin? 1-28-08 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 COMMISSIONER BALDWIN: Burn ban is on in Precinct 1. We got a report this morning that we can expect some high winds today. Not tomorrow, but today. And the conditions out there with that wind, you know, it -- grass dries real JUDGE TINLEY: Commissioner Williams? COMMISSIONER WILLIAMS: I guess it's probably time the wind is going to blow in 1, 3 and 4 and miss 2. (Laughter.) COMMISSIONER WILLIAMS: So, we'll do that. As soon as Jody comes in, we'll put it back on effective noon today until further notice. Again, my congratulations to the good folks at Hill Country District Junior Livestock Show for an excellent event. They do it -- they do a great job every year. I'm not sure how they do it with all the kids and animals they have to work with, but they manage to get it done, and they do it very well. I'm sure the Judge will have more to say about this in a minute, but he and I had a full day of economic development on Thursday, starting at 7 a.m. in the morning and ending at 7:30 that night, which we kind of climaxed a year of events, and I know Judge Tinley will have more to say about that. Just the very beginning of what's in store for us and what we have to do. And we'll be 1-28-08 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 talking about that a little bit later, so that's kind of where we are. JUDGE TINLEY: Thank you. COMMISSIONER WILLIAMS: Pass the bananas to you. JUDGE TINLEY: Okay. You're right, Commissioner, we -- we presented to the public last Thursday evening a Kerrville/Kerr County Economic Development Strategy strategic plan. That has actually been in the works for a little more than a year and a half now, pursuant to a joint resolution of the Kerrville City Council and this Court, and it's my belief that we have followed the mandate of that resolution. And, as Commissioner Williams said, this plan is the first step in the process of successful economic development. Copies of the plan were delivered to each member of the Court, and you'll have a little time to digest it. Commissioner Williams and I will be bringing it to you shortly for your approval and adoption in order that we might move on to the next step that's called for in that process. But we have a number of -- of people working on the plan. There were a total of nine on the committee; two from this Court, Commissioner Williams and myself, two Council members from the City Council, and five very active and interested individuals throughout the community, and plus we had a number of resources that we called upon for their interest and experience and expertise in various areas. And 1-28-08 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 then we had the assistance of a -- a nationally recognized consultant, TXP Incorporated. And as part of that whole process, as I'm sure most of you remember, this past summer there was a pretty comprehensive community survey, business survey that was done seeking the input from all sectors of the community from the entirety of this county, and we tried -- in fact, we went to a lot of groups and a lot of employers and -- and organizations in order to obtain their input rather than just stand idly and let them come to us. We -- But we've -- we've got the first step in place. We properly execute this plan. So, we look forward to hearing from the citizens about their thoughts as we go forward on this process, and we want you to feel free to contact us, particularly Commissioner Williams and myself or your City Council representatives, if -- if you reside in the city. Or if you don't reside in the city, as far as that goes. But we want you to stay a part of this entire process, because it affects each one of you, and -- and we're hoping that we can bring this thing about in an orderly and appropriate manner. That's all I've got. We'll get on with -- COMMISSIONER BALDWIN: Judge, can I make a comment about that? JUDGE TINLEY: Yes, sir. 1-28-08 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 COMMISSIONER BALDWIN: I kind of wanted to wait till you got through so I could say something about that program. If any of you guys ever say that I agreed with a lawyer, I'm going to call you a liar, but I'm -- I'm actually doing that now. Judge Tinley's been carrying the mantle for some time now about this issue of a balance between business properties and family dwellings, and how it's out completely and totally out of balance. And I saw his comments in the paper; it may take us 20 years to get that back where it -- it should be, and I couldn't agree with you more. I think that is -- to me, that is the single most important issue in this entire program that is being put together, and I think that us, as members of this Commissioners Court, county fathers and leaders, we need to carry that -- carry that j message out to the public. Maybe we can whittle that 20 years down to 18 or something. But I just wanted to say to you that I agree with you, and I think that that is a very, very important issue. COMMISSIONER LETZ: Comment. I don't know how many of y'all heard of this, but -- it wasn't in Kerr County, but Kendall County just got awarded -- or announced a computer manufacturer of some sort, I believe, a company with 300 new jobs coming into Kendall County. Largest event of this type ever in Kendall County, and I think that's a very good sign for us. It -- I think those types of industries attract each 1-28-08 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 other. And I'm not sure exactly where they're going to be located in Kendall County, but I would suspect it's going to be very close to I-10. And I think that's the type of thing that -- that was done, you know, announcement at their that's the type of thing that I think the Judge has been stressing that we need in this area. Whether it goes -- you know, I'd rather have it in Kerr County than Kendall County, but, you know, I'm glad to have it in Kendall county. JUDGE TINLEY: Well, it's amazing that you mention that. Here about a year ago, we actually formed sort of a regional alliance with Bandera, Gillespie, and Kendall, and the reason we did that is it's no longer -- economic development is no longer a competition of county to county. We have a lot of similar factors that interplay with economic development with all three of those counties, and there is more strength by looking at it on a regional basis, particularly when you get to the issues of vocational and work force training. You could be more successful in -- in gathering that if you have a draw from, say, all four of those counties, if it's accessible to all of those. So, it's -- with the mobility of the population and work force moving back and forth, it's extremely important that we look at it on a more regional basis, and that grew out of a strategic 1-28-08 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 plan that -- that we participated in with the Alamo Area Council of Governments, and we kind of projected that forward and we formed this regional alliance, as it were, and we major score for him. It really is. COMMISSIONER WILLIAMS: Well, whatever good news, however, is embodied in that announcement -- and there is a lot of good news in that, and there is some things we can draw on and strength from that we could think about in the future -- it doesn't take from the fact that we have some very core problems we have to deal with. If we were to dump 300 new jobs in Kerr County right now, today, where would they be housed? Case in point. And so there are a lot of things we need to be dealing with in the future to help us prepare ourselves for the advent of something that -- as major as that coming. Yet everybody may have been reading about what's going on in Bexar County with their Rackspace thing, where they took over Windsor Park Mall. That is a major, major thing, and there's going to be a lot of fallout from that that's going to come, and maybe the Kendall County thing is part of it; I don't know. But anytime you infuse 3,000 jobs in one location over a space of time, that is -- that is huge. That is major. And so a lot of good things are beginning to develop. i-as-os 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 JUDGE TINLEY: Stay tuned. COMMISSIONER WILLIAMS: Stay tuned. Christian Fellowship, to use the Union Church building on a regular basis for church services. Pastor Ortiz? MR. ORTIZ: Yes, sir. Good morning, Judge. JUDGE TINLEY: Morning. MR. ORTIZ: Commissioners. It really is inspiring agenda to us and hear our requests, and just really inspired to know that we have that sort of backing, that recognition, and as we make our requests this morning. And our purpose is to -- on June the 4th of 2006, we inaugurated a Christian fellowship church, non-affiliated, and we are looking for a more permanent place to meet. And somebody mentioned that the Union Church building was like a bride waiting, and it really struck me, and so I took it from there. And I called your office, and they went ahead and put us on the agenda. And I repeat, we're looking for a place where we could meet on a more regular basis as we establish our cash flow and we get established within the community, get some form of recognition as we go about our business of helping lives to 1-28-08 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 grow in their faith and for us to be built up as a church. And, as I say, we're about a year and eight months old, and things are moving forward. We have about 40 people and about 12, 15 children, and it's just really inspiring to be experiencing those things. I have some documentation about our articles of incorporation, our EIN application. We have gotten our tax number, et cetera, and we have our statement of faith that I would like to give you, if I may approach the -- the bench this morning, give you a copy. And we also have a printed brochure that, obviously, needs to be updated as far as location and schedule of meetings. If you please? (Audience member sneezed.) AUDIENCE: Bless you. COMMISSIONER BALDWIN: Did you hear that? "Bless you," now that a preacher's in the house. (Laughter.) Are you ready to take comments from us, or are we going to discuss this? MR. ORTIZ: No, I don't think we should get into that. I mean, you know, unless it would be a Bible study. COMMISSIONER BALDWIN: Well, looks like -- looks like we -- COMMISSIONER WILLIAMS: Looks like you're preparing us for that. COMMISSIONER BALDWIN: I appreciate that. I love this stuff here. 1-28-08 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 MR. ORTIZ: Okay. You may ask questions, yes. COMMISSIONER BALDWIN: Okay. Well, I don't have any questions; I'm just going to make a comment. I'm going to tell you where I'm at right up front, and my answer is no to this issue. Because I look at the -- nothing against you, or nothing against the church or against -- I'm a church guy. But I just see that our Union Church was put together by all these folks, donated to the County and put together by volunteers, and it's set up for use of all members of the community. MR. ORTIZ: Exactly. COMMISSIONER BALDWIN: Not just a single church or a single group of any sort. That anybody that wants to rent the place to have a wedding or -- and we -- and we do have -- I don't know what all we have there, but -- MR. ORTIZ: Yes, sir, I've officiated at one. COMMISSIONER BALDWIN: Well, good. Yeah. And in my mind, that's the way I want to keep it. I want to keep that so it's open to all members of the community, and I -- I don't want to get it tied down to any one particular anything. MR. ORTIZ: Yes, sir. May I respond to that? COMMISSIONER BALDWIN: Certainly. MR. ORTIZ: Okay. I believe what really prompted us to make that request -- I had hesitated all these nearly 1-28-08 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 two years in doing so, 'cause I knew it was kind of a historical place, more like a museum, perhaps, and so I kept away from it. I said I wouldn't dare want to jeopardize that image. But then, when I finally felt the inspiration and I made the call, I wasn't going to be pressured or pursue it anyway, understanding that. Though when you have a wedding, when you have an activity in such a beautiful and traditional looking place like that, I truly believe that if we could maintain that neutral position, nondenominational, what-have-you, that perhaps a ceremony or a wedding does to that beautiful building, I believe that a traditional church service could also complement that, and instead of seeing it silent on Sunday morning, perhaps see a church service there, the people with their attire and their ties and their beautiful Sunday-best dresses. I thought that perhaps it would complement the place. COMMISSIONER WILLIAMS: We appreciate your point of view, Mr. Ortiz -- MR. ORTIZ: Mm-hmm. COMMISSIONER WILLIAMS: -- and your desire, perhaps, to do that, but I think you have to take a look at the history of how that building got to where it is, and in the condition that it is today. MR. ORTIZ: Yes, sir. COMMISSIONER WILLIAMS: It was -- I believe the i-zs-os 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 word was de-sanctified as a sanctuary decades ago. It sat idle. MR. ORTIZ: Right. COMMISSIONER WILLIAMS: And went into major disrepair in another location in town, hadn't been used by a church congregation since almost the early 1900's -- '20's and '30's, and sat in disrepair. It became a gift to the Historical Commission by a gentleman as a private donation and gift. The Historical Commission accepted that, and then the Friends of the Historical Commission began the process of raising money to restore it and move it. They raised better than $350,000 for that purpose, private money. There are no tax dollars in there. If there were tax dollars in there, there would be another reason why you couldn't use it, but that's not the case. The pledge that those people made in terms of getting that money was that this building, once restored and put into permanent location on the Schreiner University campus, would become a public events facility. It is named the Union Church Building because that's what it was. MR. ORTIZ: Yes. COMMISSIONER WILLIAMS: But it is not intended to be a church. MR. ORTIZ: Right. COMMISSIONER WILLIAMS: Having a wedding there, 1-28-08 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 great. Have a meeting there, super. But services on a regular basis, I think, is counterproductive to the intention ', and the promises that were made by the people who raised that ~ money. MR. ORTIZ: Exactly. COMMISSIONER WILLIAMS: So, I support Commissioner Baldwin's position; I would not vote to do that on a regular basis. You want to schedule a wedding for your niece? Go ahead. MR. ORTIZ: Okay. Also, if I may add, it would be on a temporary basis. It would not be anything permanent. We are seeing about a year, perhaps 18 months, and then we would cease meeting there. COMMISSIONER LETZ: I basically -- I share their point of view. I mean, no reason to state it again. I wish you success in your endeavor with your church and congregation, but I think that the -- there's a lot of conditions that kind of came with that -- they may not be written, but with that building, and I -- I don't think it's really an appropriate use to have it set up for just one entity. But I do wish you all the success. MR. ORTIZ: Thank you. COMMISSIONER LETZ: I think you're doing very well. JUDGE TINLEY: Any member of the Court -- COMMISSIONER OEHLER: I feel the same way Jonathan 1-28-08 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: Any member of the Court have any motion to offer in connection with this item? Thank you, sir. MR. ORTIZ: Okay. JUDGE TINLEY: We appreciate your time in being here. MR. ORTIZ: Thanks. JUDGE TINLEY: We'll move on to Item 2; consider, discuss, take appropriate action to authorize Human Resources Department to seek application for open position of department head, Court Compliance Department. I note that is intended to be an executive session item. Is there anything that needs to be considered in open or public session? Let's roll it to the end so that we don't disrupt folks here, and quickly take up Item 3; consider, discuss, take appropriate action on tying the 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. Ms. Hyde? MS. HYDE: As you all well know, last year when we did the first ever opt-out allowance for employees, we also said that the opt-out -- we could reimburse for supplemental insurance for those participants up to $105, which is exactly the same as what the payments are. This year when we did 1-28-08 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 that, we didn't specifically state that we would up the opt-outs to 135, just like the payment is, so I'm just asking that you guys -- COMMISSIONER LETZ: I move approval. COMMISSIONER OEHLER: Second. JUDGE TINLEY: Motion made and seconded as indicated. Question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. We have a 9:15 timed item. We're a bit late getting to it, but we'll go ahead and call that item now. Complaint from Mr. and Mrs. Lara concerning the handling of O.S.S.F. issues. Commissioner Letz, you placed this on the agenda. Any introductory comments? COMMISSIONER LETZ: I'll just make a couple of comments. I met with the Laras, I believe, a week, 10 days ago, something like that. They asked to be put on the agenda. In a nutshell, a little bit of background. They own some property up on Roy Street. There were some issues with their neighbor having a failing septic system. It's been ongoing for, I guess, over a year now. It's been looked at by Environmental Health Department, and they feel that it's 1-28-08 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 21 I know they've also visited -- I think we got a on the property. I think it's been, you xnow, nanalea properly, but I certainly want to give the Laras an opportunity to talk to the whole Court, and I'll turn it over to Ms. Lara. MS. LARA: I would like to give a brief history of this problem, because a lot of the facts you've stated are incorrect. My name is Elsa Lara. My family and I live at 323 Roy Street, 1,000 feet outside of the Kerrville city limits. In my neighborhood, everyone has their own septic and well. And the two homes directly next door to mine were sold to a Mr. Garces at a rock-bottom price after the well tested positive for E. coli due to a failing septic. Mr. Garces was supposed to fix the septic and never did, and the water was last -- the last test shows E. coli, and he moved families into these homes and they began drinking this water. When the septic kept backing up, Mr. Garces placed several pipes around the home to discharge the sewage on top of the ground. Back in November of 2004, we filed our first The sewage began to seep onto our property. Patricia Hulett, 1-28-08 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 The septic would overflow right by the home, and raw sewage would surface right, you know, next to our driveway. The tenants would walk through there to get to their home. Mind you, the inspector is documenting the sewage is still being discharged. One tenant who was pregnant indicated to us that the fumes were giving her headaches -- she called them "fumes" -- and that they were giving her headaches, and the stench would cause her to vomit so much, she had to move away so she wouldn't lose her baby. Others indicated they experienced severe vomiting, severe diarrhea, and swollen hands and feet. One man became so bloated, he appeared to be nine months pregnant. These are all symptoms of waterborne illness. I would like to read two of Inspector Hulett's documented notes. This was May of '06, almost two years after we first complained. And they -- the secretary told her it had been 30 days -- they had 30 days to put the system. It had been months and they hadn't heard anything, and she discussed this with Inspector Hulett, and she said, The site will be inspected before -- for progress before any 1-28-08 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 decision to hurry up this process is made. The next month, she did a follow-up inspection; she noted nothing had been done. The toilets were overflowing, sewage was still being discharged, so she went back and called the installer for a progress report, and July, August, September, October, November, December, no action was taken by the Kerr County Environmental Health Department, and this continued to worsen. People continued to be sickened. Finally, in March or April 2007, the new septic was installed and new tenants moved in. By May, they stopped us in our driveway and showed us their water. It was filthy and disgusting. They indicated they had experienced severe vomiting, diarrhea, swollen hands and feet due to their water. They had tested their water, and they'd been told not to wash their clothes in it, not to bathe in it, not to drink it, so they moved away. We tested our water and were told by U.G.R.A. that at 65 of total coliform, it was significant and could cause a health problem. I contacted Kerr County Environmental Health Department, Jonathan Letz, Bruce Oehler. I attempted to tell Buster Baldwin, the County Attorney, Judge Pat Tinley, U.G.R.A., and Headwaters. I told you everything I knew. And Mr. Garces finally pumped the waste from the old septic tank. The Kerr County Environmental Health Department came out, tested Mr. Garces' well water, and described it -- and I 1-28-08 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 quote -- it was brown in color, dirty looking, and it had sediment in it, and was positive for total coliform. And it was cheaper, so no counts were performed on this water. The inspector who first came out reported back to you, "It would not be to the County's advantage to prolong this any longer; Mrs. Lara may be seeking legal action." I don't want your money. I've never hired an attorney in any part of the county; I have no intention to. I only want some help. After a lot of back and forth from U.G.R.A., U.G.R.A. finally came out, tested my water, and it had -- they kept insisting I didn't do it right. They had 685 of total coliform. I asked Ray Buck, the manager of U.G.R.A., what that meant, if they told me 65 was significant and could cause a health problem, and now I had 687. He said, "We don't have time to educate you on what that means." Mr. Garces never obtained a permit to operate the new system, and when he called Inspector Hulett and stated he was not able to get the final plans, Inspector Hulett had the designer draw them up from her rough sketch and issued the permit to operate to Mr. Garces, and he was free to rent it again. The plans don't accurately show the location of the septic, the alarms, the drainfield, any of it. You can come and measure it and look for yourself. No remediation was ever done to the polluted area, 1-28-08 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 concrete trough that gathered sewage above ground, which is still present today. The children who live there now play where the septic tank overflowed for so many years, and if they are not supposed to drink it -- drink the water, no one told them, because when they would play there, they would spray the water into the air and catch it in their mouths. Not one of the previous sickened neighbors were ever contacted by the County. And my entire experience for years has been that any effort to obtain help from Kerr County Environmental Health Department or this county government has resulted in my family -- the victims have been treated like lunatics or criminals. Ilse Bailey, at a meeting, stated to me that dumping the sewage was a Class C misdemeanor punishable by a fine of $500 a day. They would probably just charge Mr. Garces only $500, since they hadn't been too hard on others in the past and he could claim he'd been discriminated against. Kerr County Environmental Health inspectors went out approximately 15 times, and he was charged nothing. Everyone is -- could be charged up to $50 for each additional inspection, and the file is about this thick. I had to involve several other agencies so that it would finally stop, and people are still living there. Let me tell you, if you live in Kerr County and you write a hot check, you will be found at all costs and you will be prosecuted. If you dump 1-28-08 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 solid waste by the city park, you will go to jail. But if you move unsuspecting families into a home with E. coli swamp of sewage in your driveway, people can be sickened, vomit blood, and if the inspector who should have stopped it didn't, these fine people will act like you're a lunatic when your water becomes contaminated, your family and your neighbors become sick, and you become angry. I was told I had never produced the sick people, but I guarantee, if one person had claimed to be sick from the world over and brought them in. Inspector Hulett's duty was to enforce the laws and stop the public health violations immediately. It takes three days to install a septic, and it took over three years. It could have took even ten years; I don't care. The pollution should have stopped immediately. That's the law. And it didn't. People got hurt. My family got hurt. My neighbors' kids both tested positive for illness, and you don't care. Are any -- are the neighboring wells safe? Are the children next door safe? It's whatever sickened people in our water supply -- and I really don't care about the sewage, if you don't believe it came from the sewage. Something made a lot of people sick, and no one will look into it. The water looks brown in color. Your county 1-28-08 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 tested the water, and it's dirty looking; it's brown, and children are living there. I feel like their health is in danger, and I feel like the water supply may be polluted, and the laws were not followed. There is a proper procedure outlined by T.C.E.Q. what an inspector should do when she finds these violations. None of that was followed. And that's all. I just -- I haven't been helped. I feel there's children in danger. Children have been medically documented, found sick. JUDGE TINLEY: Any member of the Court have any questions for Ms. Lara? COMMISSIONER BALDWIN: Well, I do. JUDGE TINLEY: All right, sir. COMMISSIONER BALDWIN: She referred to lunatics. Who are these lunatics? Am I a lunatic? MS. LARA: Sir, I've been made to feel that way. COMMISSIONER BALDWIN: Oh, you have been -- you -- so you're not calling one of us -- MS. LARA: No. COMMISSIONER BALDWIN: -- calling us lunatics? MS. LARA: No. I feel like you treat me like I am. COMMISSIONER BALDWIN: Lady, I've never seen you I before. COMMISSIONER WILLIAMS: Nor have I. COMMISSIONER BALDWIN: I didn't treat you any way. i-zs-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 28 __ __ _ _ - MS. LARA: Mr. Oehler, did Buster Baldwin not see me there that day when you were there, me and you? She was also present. COMMISSIONER OEHLER: I don't remember that. I mean, you've seen me several times. MS. LARA: Yes. And I saw you also, sir, and we spoke there. COMMISSIONER BALDWIN: Okay. MS. LARA: But it didn't matter to you. That's why you don't remember. COMMISSIONER BALDWIN: Well, that could be. That could be. But I just wanted to make clear who this lunatic is you're referring to. MS. LARA: I feel like you treat me like I am, sir. COMMISSIONER BALDWIN: Well, I apologize. I certainly didn't mean to treat you like a lunatic, whatever that is. Sorry. MS. LARA: That's not what's important here. What's important is this problem -- COMMISSIONER WILLIAMS: Are you telling us the problem is not resolved? Is that what you're telling us? MS. LARA: Not -- no, sir, I don't think it's resolved, when children have dirty drinking water, when their water looks brown in color and is dirty looking, and the County is the ones who found that and got his permit for him 1-28-08 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 when he couldn't get it himself, so that he could hurry up and rent it again to another family. COMMISSIONER WILLIAMS: Is your water safe? MS. LARA: I don't believe this ground water is coming up safe. COMMISSIONER WILLIAMS: No, I mean the water -- the domestic water that your family uses in your domicile. Is it I safe? MS. LARA: I don't believe the ground water coming up from my well is safe, no. COMMISSIONER WILLIAMS: Do you know? MS. LARA: Yes, I know. COMMISSIONER WILLIAMS: Has it been tested? MS. LARA: Yes, the County tested my water. COMMISSIONER WILLIAMS: What were the results of the test? MS. LARA: It was 685 of total coliform. It should I be zero. COMMISSIONER WILLIAMS: When was that tested? MS. LARA: September of 2007. COMMISSIONER LETZ: Quick comment here. I don't want to get into this. The County did not test the water. COMMISSIONER WILLIAMS: I know that. MS. LARA: U.G.R.A. tested the water. COMMISSIONER LETZ: The County has no authority 1-28-08 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 over the ground water. You've talked to Headwaters. In fact, they have a board member here today. So, I mean, it's a -- you know, the ground water issue is nothing that the County has to do with. We have not ever tested the water from the county standpoint. Other entities -- MS. LARA: You tested Mr. Garces' water. Yes, sir, you did. COMMISSIONER LETZ: We have not tested your well water. And bottom line is, T.C.E.Q. has looked into the allegations, Environmental Health, Mr. Oehler's looked into it. I visited with you several times by phone, and one meeting. I know the County Attorney's office is looking into it. And -- MS. LARA: No ever contacted the people that were sickened. You refuse. I've offered the phone number. Nobody will just simply ask them, "Were you sickened when you lived there? Did you your kids get sick? Did you vomit blood? Did you have bloody diarrhea? Did your husband's stomach swell?" Nobody even bothered to ask. COMMISSIONER LETZ: And I know I also mentioned that those -- no one has ever contacted us to my knowledge that they were having health problems, and -- MS. LARA: Is there a legal reason why you can't contact them? COMMISSIONER OEHLER: Got to know their names 1-za-oa 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 first. COMMISSIONER LETZ: We're not going to go down -- I ~ mean -- MS. LARA: You refuse to contact them. JUDGE TINLEY: Ms. Lara -- COMMISSIONER OEHLER: I asked for those names, and you never provided one name. MS. LARA: No, sir, I'll give it to you right now. I've offered it several times. You say that's not necessary. JUDGE TINLEY: Ms. Lara -- COMMISSIONER OEHLER: That's not true. MS. LARA: Yes, sir? JUDGE TINLEY: Did -- did you or any one of these folks that -- that you say had become ill from those conditions out there contact the county health officer? MS. LARA: Who's that, sir? 'Cause I've asked several times, if you don't -- if you don't have jurisdiction and you can't handle this, send me to someone who can. T.C.E.Q., they looked into it, and then when I tracked my complaint on the Internet, they said that contamination was found in my water. They never mentioned the contamination in the next door well. They never mentioned the water was brown in color or dirty looking, none of that. ', JUDGE TINLEY: Well, the jurisdiction over the on-site septic facility, of course, falls under the 1-28-08 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 32 Environmental Health Department. The well falls under the jurisdiction of the Headwaters. But if there's -- if there's a concern about a health condition that may be more than just a single instance of a virus or something along that line, that would seem to be a matter that would be appropriately reported to the county health officer. MS. LARA: Was the -- him dumping sewage on the ground and Ms. Patricia Hulett not enforcing the law, was that handled correctly? Was it, yes or no, handled correctly? JUDGE TINLEY: Did -- I'm asking the questions, Ms. Lara, if you please. And I've asked you a question to which I've not yet received a response. MS. LARA: Yes, sir. JUDGE TINLEY: To your knowledge, was the county health officer ever contacted by you or any of these folks that supposedly had some health problem as a result of some improper condition out there? MS. LARA: I didn't. Did the County ever contact them either? 'Cause I don't know about a health -- I don't know how -- I didn't even know there was one till just this very moment. But did Jonathan Letz or anyone else contact them? JUDGE TINLEY: Did you inquire if there was a county health officer? 1-28-08 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 33 MS. LARA: I asked if there was anybody else I could go to, who I could go to, and I was given all these other places. And I did everything you asked me to do. I was never told about any county health inspector or anything by anybody here. JUDGE TINLEY: Well, -- MS. LARA: Was -- was the -- JUDGE TINLEY: -- it would occur to me, had someone's doctor been consulted, obviously, the doctor knows that there's a county health officer. If these folks were, in fact, ill and contacted their private physician, -- MS. LARA: It's -- JUDGE TINLEY: -- would that not cause it to be referred -- MS. LARA: If no one knew that it could be related until recently, have you never heard of something slipping through the cracks such as this failing septic system? JUDGE TINLEY: Well, based upon what you've just detailed to me chronologically, this was a matter that certainly wouldn't have escaped attention for -- for that many years. MS. LARA: If I had known you existed, I'd have been up here a long time ago. I didn't know you existed. I didn't know I could come here. But this situation was not handled properly, and many people were exposed to public 1-28-08 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 health violations and to danger. JUDGE TINLEY: Public health -- matters of public health are properly addressed by the county health officer. MS. LARA: And matters of -- JUDGE TINLEY: I would certainly encourage you, if you feel like that's the case, that you should contact that individual. Okay? MS. LARA: My issue that I brought before the Court today was how it was improperly -- the 0 S.S.F. issues were improperly handled by the county health department, and they were. 'I JUDGE TINLEY: I understand your allegations. Mr. Letz has indicated that Texas Commission on Environmental Quality has reviewed this matter. Our Environmental Health Department, which is subject to the technical supervision of T.C.E.Q., has reviewed the matter, and at this point, as best we're able to determine, there is nothing inappropriate out there. MS. LARA: It's normal for children to live with water that is brown in color and dirty looking? JUDGE TINLEY: Well, you're asking me to assume that fact, and I'm not sure I can do that. MS. LARA: No, sir, it's documented by the county health department. JUDGE TINLEY: Well, you're still asking me to 1-28-08 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 assume that fact. MS. LARA: I still haven't gotten any help. JUDGE TINLEY: And -- MS. LARA: Thank you. JUDGE TINLEY: We appreciate you coming here today. MS. LARA: Thank you. I just would like everybody to know how people live here. JUDGE TINLEY: Thank you. MR. EMERSON: Judge, if I may? JUDGE TINLEY: Yeah. MR. EMERSON: I just want to state that the County worked extensively with Headwaters and with U.G.R.A. Each and every department of the County has responded and investigated this complaint, and we've all worked very closely trying to resolve the problems. There's a document that was forwarded by Headwaters last week, and I'd like to read it into the record. This is from Headwaters, and the title of it is, "Will coliform bacteria in water make you sick?" And -- excuse me, the allergies are getting me. "When we find coliform bacteria in your drinking water sample, as stated above, it simply indicates that the source is, or recently has been, compromised by surface water. We're not so concerned about the coliform bacteria themselves, but the red flag, if you will, is that we don't know what else may have gotten into your drinking water 1-28-08 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 system via the same route that the coliform bacteria entered. Some types of bad microbes that we don't want you to ingest, for example, would be Klebsiella, Shigella," -- some word I can't pronounce -- "Giardia, or Salmonella, just to name a pesky few. "Most drilled wells are free from coliform ', bacteria, but many dug wells contain coliform. This is not surprising, since dug wells are a surface water source, which means that it is above the bedrock layer. Dug wells can be an excellent source of drinking water, but extra care should be taken to be sure there is adequate separation from the well with respect to pets, farm animals, and runoff. If you have a dug well, the volume and taste are fine, but it keeps getting coliform bacteria, then a viable and effective option may be to install an ultraviolet disinfection system which kills the bacteria and other microbes by separating or denaturing the DNA or RNA from their cells. This works well, because it doesn't change the chemistry of the water like some other disinfection methods such as chlorination. "However, any water treatment system requires care and monitoring, lest you think it's working when it's not. Further, the presence of surface water in your water supply might mean that other surface contaminants, such as chemicals, are also present. If this is the case, a UV light is not going to remove them. This is why further testing of i-zs-os 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 your water may be in order before deciding just what water treatment system should be installed. Finally, if total coliform bacteria is found in a drinking water sample, then the sample is also checked for a type of fecal coliform bacteria, which is always E. coliform or E. coli. The presence of E. coli may mean a septic or leach field infiltration, or in a dug well, it just may be a squirrel or field mouse that tried to make its home in your well." The essence of that article is that the well was U.G.R.A., and the County all present. It was tested at the wellhead before her chlorination system, and it does not show any E. coli or any type of, you know, bad contamination. MS. LARA: I also got that letter from Headwaters, and added to that page of -- that he just read to you, Headwaters left off the top paragraph, and it says, "While that all may be well and true, drinking water that contains certain contaminants has been one of the leading causes of major disease outbreaks, historically speaking." I contacted the author of this that he just quoted, and he e-mailed me back and said, You should be concerned. Your well has a high bacteria count. The negative on fecal coli just means it's ', not specifically fecal bacteria. Further, any high bacteria count in a well means surface water is leaking into it, which means any other surface contamination, pesticides, 1-28-08 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 38 fertilizers, road salt, dog pee, whatever, is able to enter that water supply by silicification. Check with your local health department for this correct advice. My opinion is that it is difficult to keep a shallow well sterile. I do not have a shallow well. All that information well, but it does pertain to my neighbors. My opinion, it is -- my opinion is that it is difficult to keep a shallow well sterile. You may need to install a treatment system, or if the well is not giving a good yield anyway -- which it's not -- it is better, perhaps, to drill a modern well, and if that septic is too close to a well, contamination is likely. So, that just -- the well next door did have E. coli; it is a shallow well. It has no disinfection system for the tenants that are living there drinking this water. Others have become ill, and he's saying, yeah, that drainfield's close to your well; contamination was likely. JUDGE TINLEY: Your expert also indicated, Ms. Lara, that you should contact your local health department, -- MS. LARA: I just got this last night. JUDGE TINLEY: -- and I encourage you to do that. MR. EMERSON: If I may continue, Judge, the bottom 1-28-08 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 have no test that shows E. coli in the neighboring well. We have no test showing E. coli in Ms. Lara's well. Multiple agencies have repeatedly asked for that information. Nothing's been provided. And we sent a letter .last -- I think it was June, that said we're going to close the investigation unless we receive new evidence of live complainants. Despite closing the investigation, since that time, I couldn't even tell you how many hundreds of hours the County's expended working with the other agencies on this issue. MS. LARA: They worked so hard to get Mr. Garces his permit to operate this system. They just didn't spend one minute finding one of the sick people, and they can if ', they want to. They chose not to. I don't think it's in the County's best interest to find one, since they allowed this to continue. JUDGE TINLEY: Thank you, Ms. Lara. MS. BAILEY: Well, what I want to make clear is that when our office met with Ms. Lara, we said the things that we need to show is a nexus between the -- well, first we need to prove that there was illness. We need a nexus between the alleged illness and any contamination in the well. We need to prove fecal contamination in the well, and we need to prove that that fecal contamination came from the adjacent septic. We've not been able to get any proof of any i-zs-os 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 of those items, much less a complainant, so we really don't have the ability to go forward. I understand Ms. Lara's concern about -- about illness, and her perception that the illness is related to some kind of pollution, and her perception that that pollution is related to something from the adjacent property. But -- but we've just simply not been able to establish any of those factors. So, we're here to help the citizens, but we can't help the citizens without the evidence of the necessary complainants and the proper due process. JUDGE TINLEY: Thank you. Let's move on to the next item. It's a timed item for 9:30. It's a bit past that now, so consider, discuss, take appropriate action on request from St. Peter's School to utilize the Youth Exhibit Center at a reduced rate for the St. Peters Spring Fling on May the lst, 2008. Is Ms. Behrens here? Ms. Grinstead, have you been in contact with that -- with anybody regarding that request? MS. GRINSTEAD: Not this morning. She did say she had a doctor's appointment first, and she thought she could be here by 9:30. That's why she put 9:30. JUDGE TINLEY: Okay. We may have to return to that item. COMMISSIONER LETZ: I think -- I have no problem adding them to the list of nonprofits. 1-28-08 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 41 COMMISSIONER BALDWIN: Yeah. COMMISSIONER LETZ: Like all other nonprofits. I i mean, I think it qualifies. JUDGE TINLEY: Is that a motion? COMMISSIONER LETZ: Yes, it is. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: We have a motion and second as '~ indicated. Question or discussion? COMMISSIONER WILLIAMS: Question. JUDGE TINLEY: All right. COMMISSIONER WILLIAMS: I noticed that the material that's in our backup was provided by Ms. Grinstead. There's a highlighted area there talking about "free of charge" only for the base rental of the facility, et cetera, et cetera, et cetera. Is that what you -- COMMISSIONER LETZ: That's correct. That's what the motion is, is to -- I think we acted -- or I think I probably made a motion at another court in error the last time we looked at one of these; we gave a reduction. I think our actual policy says that they get the base rate at no charge. All other charges are applicable. COMMISSIONER WILLIAMS: Thank you. JUDGE TINLEY: And that's your motion? COMMISSIONER LETZ: Yes. JUDGE TINLEY: Okay. And your second, 1-28-08 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Commissioner Baldwin? COMMISSIONER BALDWIN: Yes, sir. JUDGE TINLEY: Further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. ~, (No response.) JUDGE TINLEY: The motion does carry. Let's move to Item 6; consider, discuss, and take appropriate action on fee schedule for the Kerr County Subdivision Rules and Regulations. COMMISSIONER LETZ: I put this on the agenda; probably need a little bit of guidance from the Court as to how to proceed. We've had a couple of unusual replats come before the Court recently. And I say "unusual" 'cause there's one -- actually, I guess it's on today. Anyway, Mark Sherron. I don't remember the name of that development. Anyway, what happened on that particular one, the access where the road was going to go into the property changed, and it's a real minor change, doesn't affect anything within the subdivision other than the access point, yet under our current fee schedule, he has to pay the final plat fees again and O.S.S.F. fees again. I just think that -- it's not just for him, but for anyone; I think it's unnecessary. COMMISSIONER BALDWIN: I agree. 1-28-08 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 COMMISSIONER LETZ: And I think that we should -- you know, need to use a little bit of discretion as to how we look at these. If there's -- I think we did one where we changed roads from public to private. Again, that had nothing to do with any lot. That individual, I think, paid their -- because it's fairly large, paid $250 plus all the other fees to get that done, and I just think that we need to come up with a policy as to how to handle that. We can do it ', either on a case-by-case, Court can waive it, or I can come up with a fee schedule after visiting with Road and Bridge as to how we should handle that, and put it on the next agenda. I just didn't know what the Court thought about it. JUDGE TINLEY: I really prefer to see some sort of guidelines, myself, rather than handling it as a variance item each time we consider a plat. That would be my preference. COMMISSIONER WILLIAMS: I would, too. I think we could devise something that basically will fit most of these situations. COMMISSIONER LETZ: Okay. COMMISSIONER WILLIAMS: And so we'd only be dealing with the exception, not the rule. Sometime, perhaps, but -- COMMISSIONER OEHLER: Should be fairly simple to state, because if it doesn't change the overall complexion of what the -- what subdivision was approved -- 1-28-08 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 44 COMMISSIONER LETZ: Yeah. COMMISSIONER OEHLER: -- on final plat, it shouldn't -- you know, if you don't change any of the lot sizes or anything like that, all you're doing is changing minor access points or things like that, there shouldn't be any fee for that, I wouldn't think. JUDGE TINLEY: And you possibly could put in kind of a catch-all clause that other circumstances that don't specifically fit, that we have the authority to grant a variance, and no fee or reduced fee. COMMISSIONER LETZ: Okay. JUDGE TINLEY: Kind of a catch-all. COMMISSIONER LETZ: I think some of the filing ~'~, fees, anything that we really can be out dollars, I think I that's appropriate for us to have to collect, but other -- just some of the fees that are intended to absorb the cost of the County to handle the plat, I think we can waive. I'll come up with a policy, and if I can ask the County Attorney -- I saw Ray leave, unfortunately, but I know the Environmental Health Department has said that there is -- that they are required by law to look at all plats, and there's -- we charge a fee for that. Can you check and see if that covers, like, a revision, or a minor change? I mean, clearly -- and there's a reason for them to look at a new plat, but if they're just changing a lot, something similar, 1-as-os 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 if that has to go through Environmental Health or not. I think it's easier for some of the those if they don't. Currently, though, we are sending all of those through Environmental Health, and there's fees associated with that. I'll come back with a policy at the next court. COMMISSIONER OEHLER: Okay. JUDGE TINLEY: Okay, let's move to Item 10, if we might. Consider, discuss, and take appropriate action to revise Infamous 1169. That's a plat as set forth in Volume 8, Page 10, Plat Records, release letter of credit, and set public hearing if needed. That particular project is located in Precinct 4? MR. ODOM: Yes, sir. The plat of Infamous 1169 Ranch was completed in April of 2007. Subdivision has access off a private road easement. Developer was instructed by the Court that the easement road had to be upgraded outside of the subdivision. When he started working on the road, the owner asked him to move the road to the fence line. To accommodate the landowner, he did so. By moving the access road outside the platted subdivision, it changed the point of entry into the subdivision, and the developer was told that he needed to do a revision of plat. Mr. Letz had brought part of this part up, and my question is following. All the lots in the subdivision have been sold. We ask you to consider the following: Will this revision require a public 1-28-08 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 46 hearing if all owners are signing the plat? If so, the first available date is March 20th, 2008, 10 a.m. Second, since all fees were paid during the original process, can the fees be waived on the revision? And three, the easement road and the roads within the subdivision are completed. At this time, the developer asks that you release the letter of credit that is enclosed in your backup. And I believe Don Voelkel was supposed to be here to answer any questions, but I have not seen him. I don't know if he's here or not. So, basically, I would like -- will this revision require a public hearing if all the property owners sign it -- this revision? COMMISSIONER OEHLER: I hope not. JUDGE TINLEY: Who would be available to complain? MR. ODOM: I don't see anybody. If all the property owners have it, they've all signed off on this proper revision. It's unfortunate, part of this road came across. They did move it over, which was a good thing, but if you change this outside that easement, which this road easement was at the point of entry, it needs to be a revision as far as the metes and bounds are concerned. So, I don't see why we would need a public hearing for March the 10th, but I don't -- I need your direction. COMMISSIONER LETZ: The problem is state law. COMMISSIONER BALDWIN: Yeah. 1-28-08 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 COMMISSIONER WILLIAMS: That would be a problem. JUDGE TINLEY: Picky, picky, picky. COMMISSIONER BALDWIN: Yeah, really. Can't imagine it landing there. COMMISSIONER LETZ: After the application is filed with the Commissioners Court, the Court shall publish notice. I You know, I just -- I think it's a bit ridiculous, and I would be ecstatic if the County Attorney would say there's some exemption there, but I don't see it. And there's no provision that I'm aware of that if everyone signs off on it -- I mean, it's ridiculous, and it's a waste of tax dollars, in my opinion, just in -- MR. ODOM: Y'all's time, and Road and Bridge, and the developer's time. COMMISSIONER LETZ: Well -- MR. ODOM: I don't know who's going to object if all four of them sign it. COMMISSIONER LETZ: I don't see we have the latitude but to follow the state law. I mean -- MR. ODOM: That's -- I said I would ask. COMMISSIONER OEHLER: Unfortunately. COMMISSIONER LETZ: Yeah, unfortunately. And that may be something we can try to get changed. (Commissioner Baldwin left the courtroom.) COMMISSIONER LETZ: I think it's a -- it would be 1-28-08 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 useful to add another subsection in here, but that's the way it is. I would be in favor, and I make a motion to waive O.S.S.F. -- all O.S.S.F. fees, and all except the recording fee -- or all the fees that come out of the Road and Bridge Department for the review, and the person just be required to pay the recording fees to the clerk's office. COMMISSIONER OEHLER: I second that. JUDGE TINLEY: Motion made and seconded as indicated with respect to the fees. Question or discussion on that motion? MR. ODOM: Yes, sir. Does the motion include to have a public hearing for March 10th, 2008, at 10 a.m.? COMMISSIONER LETZ: Yes. JUDGE TINLEY: Oh, it does? COMMISSIONER LETZ: Yes, it does. JUDGE TINLEY: All right. It wasn't in the one I heard. COMMISSIONER LETZ: You didn't hear me say that? COMMISSIONER WILLIAMS: I didn't hear it either. That's okay. MS. HARDIN: Did you add that release the letter of credit? MR. ODOM: Oh, yes. COMMISSIONER LETZ: We'll do that in a second I motion. 1-28-08 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 JUDGE TINLEY: We can do these a piece at a time i now. MS. HARDIN: Okay. JUDGE TINLEY: Okay. 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. COMMISSIONER LETZ: The letter of credit, Leonard, can you go over that? MR. ODOM: Sir? COMMISSIONER LETZ: The letter of credit. MR. ODOM: Yes. The easement road and the roads within the subdivision are completed. At this time, the developer asks that you release the letter of credit. I have no problems. The roads are complete. They're putting the signs up. And it is a private road, so therefore, there's not a maintenance bond involved in the thing. (Commissioner Baldwin returned to the courtroom.) MR. ODOM: I don't have a problem. The question would be, do I wait until March the 10th? COMMISSIONER LETZ: I make a motion that we release the letter of credit effective immediately. 1-28-08 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 COMMISSIONER OEHLER: Second. JUDGE TINLEY: Motion made and seconded as indicated to release the letter of credit immediately. Question or discussion? Does the letter of credit cover the access road also? MR. ODOM: Yes, sir. JUDGE TINLEY: That's outside the subdivision? MR. ODOM: Right. JUDGE TINLEY: That road is complete, to your satisfaction? MR. ODOM: To my satisfaction. JUDGE TINLEY: All right. Further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. At this time, I will recess the Commissioners Court meeting, and I will convene and open a public hearing for the revision of plat for Lots 5A and 5B of Grotto Springs Ranches Number I, set forth in Volume 7, Page 287, Plat Records, and located in Precinct 3. (The regular Commissioners Court meeting was closed at 10 a.m., and a public hearing was held in open court, as follows:) 1-28-08 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 P U B L I C H E A R I N G JUDGE TINLEY: Is there any member of the public that wishes to be heard concerning the revision of plat for Lots 5A and 5B of Grotto Springs Ranches I? (No response.) JUDGE TINLEY: Seeing no one coming forward to be heard on that issue, I will close the public hearing concerning the revision of plat for Lots 5A and 5B of Grotto Springs Ranches Number I. (The public hearing was concluded at 10:01 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE TINLEY: And I will reconvene the Commissioners Court meeting and go to Item 11; consider, discuss, and take appropriate action for the concept of Jack Hall Lot 44-C-1, which is unrecorded, and located in Precinct 3. MR. ODOM: Precinct 1. COMMISSIONER OEHLER: Precinct 1. JUDGE TINLEY: Excuse me. Where'd I come up with that? COMMISSIONER WILLIAMS: I don't know. COMMISSIONER BALDWIN: State law. JUDGE TINLEY: I see. Should have known. (Laughter.) i-as-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 52 COMMISSIONER BALDWIN: Is this a Broom or McBroom? MR. McBROOM: McBroom. MR. ODOM: McBroom. MR. McBROOM: That's fine. COMMISSIONER BALDWIN: You must be McBroom. MR. McBROOM: Yes, sir. COMMISSIONER BALDWIN: See how good I am at this stuff? COMMISSIONER WILLIAMS: Experience. COMMISSIONER BALDWIN: Yeah. Leonard, I got a question here that I just want to make clear. MR. ODOM: Yes, sir? COMMISSIONER BALDWIN: In your notes here, you say the lot only has 238 feet. MR. ODOM: Of frontage. COMMISSIONER BALDWIN: Of frontage. And the rules say 150 feet of frontage. MR. ODOM: Yes, sir, per lot. COMMISSIONER BALDWIN: So, what we're saying is there's two lots there, and the rules require 150 each, which would be 300. MR. ODOM: That's right. COMMISSIONER BALDWIN: And we only have 238, so -- MR. ODOM: 238. COMMISSIONER BALDWIN: So, in order to get past 1-28-08 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this whole thing, we're talking about a variance from that rule? MR. ODOM: Right. COMMISSIONER BALDWIN: What do you recommend with that? MR. ODOM: Well, personally, I think you should stay with the rules. But -- I mean, he's going to have -- if this is divided up into 5.01, acres, these are 10-, 14-acre lots. This one particularly is 14. Normally those are 10 out there. The rules say 150. COMMISSIONER WILLIAMS: Would we be seeking a variance for one or for both lots? MR. ODOM: You would seek the variance for one. What I saw was a variance for one, and what you would end up with is a flag lot. JUDGE TINLEY: That's what I'm seeing. MR. ODOM: And so I don't -- I don't like the idea of flag lots, particularly since we give a variance of whatever that distance may be. COMMISSIONER LETZ: What the -- each -- it says on what I'm looking at, not less than 5 acres, and then not less than 5 acres, and then not more than 3 acres. What are the sizes of those? MR. ODOM: Mr. McBroom may be able to -- MR. McBR00M: Good morning, I'm Walter McBroom. 1-28-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 54 I'm looking to purchase this property. What sheet do you have that you're looking at a copy of? COMMISSIONER LETZ: That one. Just the -- the three lot sizes. MR. McBROOM: Okay. The one up to the three lots -- actually to the -- there is a 14-acre tract that's located to the east property line. It's owned by -- I'm not sure who the owner is. They are looking to purchase the bottom down there and incorporate it into that 14 acres. The reason being is, the roads that they have put in, the easements have encroached upon -- upon this property across the back, for the 3 acres. That would leave me two tracts to split up and divide. COMMISSIONER LETZ: So, that little tract is going into a bigger lot? MR. McBROOM: Yes, it would be replatted into one of the neighboring lots. They own a 31-acre tract directly to the north and 14 acres to the east. COMMISSIONER LETZ: And the -- the two -- the flag lot and the other one, then, to the, I guess, south, what's the size of -- these are, like, 5 acres each? MR. McBROOM: Five plus. COMMISSIONER LETZ: Leonard, if my memory's correct, if they're over 10 acres, they can do a flag lot, but if they're -- 1-28-08 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 MR. ODOM: That's correct. COMMISSIONER LETZ: -- less than 10, they can't? MR. ODOM: They can't. It's 150 feet. If there was -- this would be the exception, 1.03.C, and so this doesn't apply here. If he had had 30 acres or something, that might be a difference in there. But right now, it's 13 acres, and what he's talking about is actually around 10 or 11 acres. MR. McBR00M: This is 13.89. MR. ODOM: That's correct. MR. McBR00M: It's up to 3 acres, which would leave me 11.89 to split in two. MR. ODOM: That's correct. MR. McBR00M: There's one over on Drummond Drive that's actually a flag lot itself as well. It just has no neighbors to it. MR. ODOM: Well, that may be, but it's nothing that's been subdivided. That's something that Jack T. Hall ~ did -- my goodness, back in the '70's, I guess. COMMISSIONER LETZ: I have no problem with taking that piece and putting it in the bigger lot. That -- you know, but I do have a problem with flag lots. COMMISSIONER BALDWIN: The problem is state law. (Laughter.) Is that the call of the day? COMMISSIONER WILLIAMS: That's it. i-zs-os 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ODOM: And I believe that the rule says that -- basically, that the State doesn't want these flag lots either. COMMISSIONER BALDWIN: Absolutely not. MR. ODOM: The question is just the frontage. JUDGE TINLEY: State law. COMMISSIONER BALDWIN: State law. The smaller lot is going to be put in with one of the larger lots. Which larger lot? I see it connected to two here. Which -- which one is it going in? The one with the 13.89 written on it? Or -- MR. McBROOM: The one with the 14 acres, is what he was telling me. It's directly to the east side of it. They own that one, and they also own 31.5 acres on the north. MR. ODOM: Mr. Abernathy owned all this at one time, and apparently, they got in here, put their road and put a tank in there. I haven't been back there to see it, but -- MR. McBROOM: It's a wet weather, and it's not -- COMMISSIONER WILLIAMS: There's a gravel road identified at the top of this smaller lot that says not more than 3 acres. Where does that gravel road go, and where's it connect? MR. McBROOM: It runs down the middle of that valley. It is -- it's not really much of a road. It's just i-zs-os 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 an access in and out of the valley where they get down to their feeders and deer blinds. The reason that I did the flag lot like this was so that it would not leave me a landlocked piece of property, even if I did a road easement across the frontage. COMMISSIONER WILLIAMS: I understand the reason. COMMISSIONER BALDWIN: Which one is Lot 44? I can't find that anywhere. MR. McBROOM: It's not really shown anywhere. The best we can come up with is this one. (Indicating.) COMMISSIONER BALDWIN: This whole thing here? MR. McBROOM: Yes. COMMISSIONER BALDWIN: Okay. MR. McBROOM: You can see it here. See, it was never designated. COMMISSIONER BALDWIN: Mm-hmm, this right here. Okay, thank you. COMMISSIONER WILLIAMS: Do you own the 40 acres adjacent? 40-acre lot adjacent? MR. McBROOM: No, sir, that's currently on the market. And at some point, they're going to be seeking to split it into 10-acre tracts, the way he's got it listed. COMMISSIONER WILLIAMS: Mm-hmm. Opportunity to straighten the thing out at that point. COMMISSIONER LETZ: Like I say, I have no problem 1-28-08 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with doing a revision to get that little piece into one of those other lots, but that's as much as -- MR. ODOM: The back part right there. COMMISSIONER LETZ: Yeah, the back part. MR. ODOM: That would clean it up. You'd still have 10 or 11 acres left at that point. Maybe it could pick up part of this over here to make that frontage work. MR. McBROOM: On this lot here? MR. ODOM: On that 40 -- Lot 40. MR. McBROOM: Okay. I'll see whether or not he'll do that, but I'm not sure that he will. JUDGE TINLEY: Okay. Is that all we have on that one, Leonard? MR. ODOM: That's it. MR. McBROOM: Thank you. JUDGE TINLEY: Thank you. At this time, I will recess the Commissioners Court meeting, and I will convene and open a public hearing for revision of plat for Lots 14KR and 15 in Falling Water Subdivision, as set forth in Volume 6, Page 300, and located in Precinct 3. (The regular Commissioners Court meeting was closed at 10:12 a.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G JUDGE TINLEY: Is there any member of the public that wishes to be heard concerning the revision of plat for 1-28-08 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 Lots 14KR and 15 in Falling Water, as set forth in Volume 6, Page 300, Plat Records, located in Precinct 3? (No response.) JUDGE TINLEY: Seeing no one coming forward, I will close the public hearing for the revision of plat for Lots 14KR and 15 in Falling Water Subdivision, as set forth in Volume 6, Page 300. (The public hearing was concluded at 10:13 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE TINLEY: And I will reconvene the Commissioners Court meeting and call Item 9; consider, discuss, and take appropriate action to -- for the revision of plat for Lots 14KR and 15 in Falling Water, as set forth in Volume 6, Page 300, located in Precinct 3. Mr. Odom? MR. ODOM: Yes, sir. This revision of plat adjusts a lot line between two properties. The house on Lot 14 crosses the county line, and the O.S.S.F, is licensed in Kendall County. This was done under the alternate plat process. At this time, we ask that you approve the revision of plat for Lots 18RK (sic) and 15 of Falling Waters, Volume 6, Page 300-306, Precinct 3. COMMISSIONER WILLIAMS: Did you say 18RK? Or did you say 14? MR. ODOM: 14. 1-28-08 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 COMMISSIONER WILLIAMS: 14, thank you. COMMISSIONER LETZ: KR. COMMISSIONER OEHLER: That's a heck of a note; got the county line running right through the middle of your house. COMMISSIONER WILLIAMS: Yeah, I saw that. COMMISSIONER OEHLER: One side's Kerr County, the other side's Kendall. MR. ODOM: Yeah. The gentleman knew where the line was at. COMMISSIONER WILLIAMS: Apparently. COMMISSIONER LETZ: This is -- COMMISSIONER OEHLER: That's amazing. COMMISSIONER LETZ: Yeah. MR. ODOM: Depends which side of the bedroom he's on when he votes. COMMISSIONER LETZ: be after we're done? 3.15? MR. ODOM: Sir, let COMMISSIONER OEHLER If you move that line -- MR. ODOM: I think COMMISSIONER LETZ: What would the size of the lots me pull my notes right here. Looks like it would be 3.04. - well, hang on a second. Are both lots owned by the same person? MS. HARDIN: Both gentlemen are here. 1-28-08 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 COMMISSIONER LETZ: I have no problem doing it. I think this cleans up a situation which is not good. MR. ODOM: I may have missed that, but I believe that 1.072 -- if you look at your lot 14KR as platted, you have 1.072 acres, and you're showing on the revision of 1.185, so you've added some acreage up into that. COMMISSIONER LETZ: Right. MR. ODOM: And that should be bigger anyway. That's what I looked at and saw. I didn't think about the other one. But I thought maybe this angle was changed a little bit, but I'm showing the same angle. COMMISSIONER LETZ: I move approval. COMMISSIONER WILLIAMS: 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: That motion does carry. We have a timed item for 10:15; it is that time now. I will move to Item 14; consider, discuss, and take appropriate action on request by the Kerrville V.A. Medical Center for water well sanitary easement on Kerrville Juvenile Detention Facility property. Is Mr. Steiner present? 1-28-08 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 COMMISSIONER BALDWIN: I don't see Mr. Steiner. JUDGE TINLEY: Okay. Essentially, it appears that this water well is located some 55 feet over onto the V.A. property, which would make the radius onto our property of approximately 95 feet. COMMISSIONER BALDWIN: Their well? Their well? JUDGE TINLEY: Their well is on their property, but the sanitary easement of 150-foot radius would -- would encroach on an arc of 95 feet over onto our property. COMMISSIONER BALDWIN: Mm-hmm. JUDGE TINLEY: I don't know what falls within that in the way of improvements. I think when we made request of the individual at the V.A., I specifically had that inquiry. I asked Ms. Grinstead to pass that along. What we got back was the first plat that you see there that shows the circle with a 150-foot radius on it. I would note that the requested easement allows the construction of improvements, buildings, so forth, so long as it does not carry with it the items as specified under Item 2 -- particularly Item 2. The other two items deal with 50-foot radius, which, of course, does not fall over onto our property. So, Rex, do you have any input on this? MR. EMERSON: Just -- well, I haven't seen the document that has the specifics of the easement that you're talking about, but I talked to Mr. Domingues for a little 1-28-08 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 63 bit, and it has been quite some time since he's actually surveyed this. And he didn't think we had any improvements back there, but he didn't know. ', COMMISSIONER BALDWIN: There's Mr. Steiner. JUDGE TINLEY: Mr. Steiner? MR. STEINER: Yes, sir? JUDGE TINLEY: We are underway considering the sanitary easement that you have requested. I think the -- the principal issue was whether or not there are any improvements of any kind that Kerr County has on their detention facility property that would fall within the arc of this sanitary easement. Ms. Grinstead, I'm sure, asked you to -- that was the information I was interested in, and when she contacted you after it was before the Court the last time, I had her make that inquiry. I don't see it on any of the engineering data that you furnished to us, but what can you tell us? MR. STEINER: Well, what happened back in 1999, we had a -- T.E.C.Q. came in and -- T.E.C.Q. came in and did a II survey of our property. And the issue is that we cannot have any type of sewer or that type wastewater within a 150-foot radius of the well. Well, of course, we were unaware of that at that time, but there is a sewer line, a waste line that comes within that. I think it's 44 -- what was it? 84 feet, something like that. About 84 feet from our well. So, that 1-28-08 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 64 falls within that 150-foot radius. There's been -- JUDGE TINLEY: Question. Excuse me for interrupting. MR. STEINER: Sure. JUDGE TINLEY: Does this sewer line fall on your property or on our property? MR. STEINER: On your property. i JUDGE TINLEY: On ours? MR. STEINER: Yes, sir. JUDGE TINLEY: I think that answers the question. We're not -- certainly, I don't -- I don't think we're inclined to relocate our sewer line. MR. STEINER: Oh, no. What we need is just the easement say -- you know, stating that we're not going to build over that, or any problems of that type issue through T.E.C.Q., and I have several documents going back if you'd like to review these. JUDGE TINLEY: Well, I know this issue goes back for a number of years. I think -- I think the thing that probably comes like a bolt out of the blue today is the fact that we have our own sewer line within that -- within that radius. And I -- I'm reading Item 3, which prohibits the construction of the sanitary sewers, sewer appurtenances, septic tanks, storm stewers, and cemeteries within a 50-foot radius. What I'm concerned about is under Item 2, all other 1-28-08 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 construction or operation that could create any sanitary condition within, upon, or across the property subject to the easement. And if we've got a sewer line there, I'd say we got a problem. MR. STEINER: Yes, sir. JUDGE TINLEY: Or, correction, we don't have a problem. That's our sewer line; seems to be serving us well. I think you've got a problem with respect to your well which is presently in place, and with our sewer line falling within that 150 foot. MR. STEINER: Mm-hmm. JUDGE TINLEY: 'Cause it would have to be outside the 50 foot in order to be on our property. MR. STEINER: That's correct, yes, sir. JUDGE TINLEY: This is something else I'm going to -- I'd refer to the County Attorney for further study, having the benefit of this information that you just gave to us. MR. STEINER: Okay. COMMISSIONER LETZ: I think -- I mean, I have no problem with the easement, but it's subject to the sewer line being there. It's not -- you know, I don't know how -- if you can do something like that. But I agree with the Judge; we can't -- we're not moving the sewer line. MR. STEINER: Well, yeah. COMMISSIONER LETZ: I don't think we could move the 1-28-08 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 sewer line. MR. STEINER: I don't think -- we're not asking to move the sewer line. That's not -- that's not the issue. We just need an easement to satisfy the State of Texas, because of the location of it. You know, that well has been there since -- I think in the early '70's is when we went in and reworked the well. So, the well's been there for quite some time. COMMISSIONER OEHLER: But if we gave you an easement, and there's a sewer line there, is the State going ~, to accept that? COMMISSIONER WILLIAMS: Or -- yeah, or subsequently require us to move it. COMMISSIONER OEHLER: Yeah. COMMISSIONER WILLIAMS: Because of the easement. JUDGE TINLEY: That's something that I -- I think, with the knowledge that we've got of the sewer line on our property, as presently in place within that -- within that radius, before I'd really be in favor of moving forward on this thing, I'd want him to -- to take a much, much, much closer look at this to -- MR. STEINER: Okay. JUDGE TINLEY: -- see what the ramifications of that are. 25 ~ MR. STEINER: Okay. Now, I was under the 1-28-08 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 understanding that we may have -- back in 1999, it was discussed, and they had -- it was brought up prior to my time, but I understand that it was brought up, and that there was possibly one granted, but no action was taken. It never got registered or any of that. I don't know. But that's just what my understanding was, a possible easement was granted. COMMISSIONER WILLIAMS: Brought up by the V.A. to the Commissioners Court at the time of construction out there, or when? MR. STEINER: No, there was just -- once we got the deficiency back in 1999 from T.E.C.Q., we went in and requested an easement to be for that section of the property where the sewer line is in place now. But I don't -- again, this was hearsay, so I really can't tell you for sure. COMMISSIONER BALDWIN: It's obvious you didn't get it then, either. MR. STEINER: No, I know we didn't get it then. I don't know -- COMMISSIONER WILLIAMS: Or he wouldn't be here today. MR. STEINER: You're right. MR. EMERSON: I'd be happy to research it. I think the problem, as the Judge has indicated, is we can't grant an easement that we're automatically in default of. You know, 1-28-08 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 it places the County subject to liability. MR. STEINER: Well, that's why I'm here. I just need to know, because they're wanting to fine us. So, after this period of time, we've left it up to our lawyers, and somewhere down the line it got dropped, and now it's fallen back on me to see what we can do to get it straightened out. JUDGE TINLEY: Okay. COMMISSIONER LETZ: I mean, maybe a -- some kind of a solution would be to find out where that sewer line is exactly, and go 5 feet from it and -- and don't have a round sanitary easement; carve out the sewer line. MR. STEINER: I'd be more than happy to provide this -- this is a copy of all the action -- excuse me -- that has been taken, and I'd be more than happy to let you have it. JUDGE TINLEY: Well, it might be helpful for Mr. Emerson to have that as he -- as he reviews this matter, -- MR. STEINER: Okay. JUDGE TINLEY: -- Mr. Steiner. Anybody else on the Court have anything to offer -- COMMISSIONER BALDWIN: No, sir. JUDGE TINLEY: -- on this matter? Okay. Thank you, sir. 25 ~ MR. STEINER: Thank you. i-zs-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 JUDGE TINLEY: We appreciate you being here. Let's go to Item 12, if we might. Consider, discuss, take appropriate action considering Road and Bridge vehicle policy. MR. ODOM: I apologize, I had it marked off. I thought I was -- COMMISSIONER LETZ: Thought you'd already dealt I with it? MR. ODOM: Already dealt with it. Okay. This is after our discussion last time about the people to -- for emergency, I showed the five areas instead of the four, and then the swing crews, and that would be a question whether you want the swing crews to be involved in this. But I think that that is appropriate with Deter and Biermann being on the swing crew. And if you -- attached -- we have the policy, which is very similar, except some wording in one has changed. So, if you approve this policy in the backup, we'll -- we'll enforce this with our bunch. COMMISSIONER BALDWIN: Leonard, is -- what is a swing crew? MR. ODOM: Swing crew is going to be like we had before, Buster. We had four -- I had four areas, and I had enough people to man it to go do brush and -- and complaints generally to allow the crews to work. And, you know, we went to that five areas, and I took -- it took the people out of 1-28-08 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 it. In other words, I lost three that went back up there, and we were minimal to be able to have enough enforcement and supervision as far as making decisions. So, what I wish to do is to have Joe Biermann out there, be able to take about three extra people, maybe four, one out of the shop maybe, and be able to go out and do brush cutting, patching, looking at complaints, being able to take the Gradall. And I've got a Gradall -- one of the persons that operates the Gradall be able to take a lot of this, and to do it themselves, to allow the crews to stay on their sealcoat programs. JUDGE TINLEY: What would be the function of these swing crews in the event of heavy rains, possible flooding or high winds, -- COMMISSIONER LETZ: Ice. JUDGE TINLEY: -- limbs blowing down, icy, emergency-type MR. ODOM: Emergency-type deal, I'll -- take Deter this last week, gets a call at 2 o'clock in the morning about a stop sign down. The Sheriff's Department's been going out, been real active on the roads. This was a complaint, so he asked where it was at. They said, "It's Upper Turtle Creek and Camino Real." He said, "What?" They said, "Camino Real and Upper Turtle Creek." He said, "No, that's Highway 16." So, they were wrong. But it woke him up at 2:00. He is the one that's central that -- between Tommy and Deter, the more 1-28-08 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 centrally located, which is Upper Turtle Creek, in that area. It depends how bad an emergency it is. Biermann is sometimes, not that often, but will -- if Doug and them have floods up there, they'll split up. Tommy will look at something that's -- Tommy was called out last night, I think, or the other night. So, we get these calls, and it's just one of these reaction things that we can cover it. Other than to have somebody like Doug come from Comfort or Joe Biermann. It's closer to have a response from someone that's more centrally located. JUDGE TINLEY: Would these -- would these swing crew leaders, would they be, like, your -- like, your crew supervisor, would they be required to respond to emergency situations? MR. ODOM: Yes. JUDGE TINLEY: Go out and monitor the roadways, check on the conditions, put up barricades, -- MR. ODOM: Absolutely. JUDGE TINLEY: -- things of that nature? MR. ODOM: Absolutely. And even call more people in if they had to. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: Leonard, is this a new policy that's been drafted, or is this a pick-up that you've been -- that's on file and you're kind of reworking a little 1-as-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 72 bit? The one I'm reading. MR. ODOM: You're talking about the backup? COMMISSIONER WILLIAMS: The Road and Bridge Vehicle Policy document. MR. ODOM: Right. It is really a continuation of what we had in '02. COMMISSIONER WILLIAMS: Okay. I'd like to suggest that we maybe add one thing to it. Item Number 2 is titled "Commuting in County Vehicles." Okay? That's what it's titled. MR. ODOM: Yes. COMMISSIONER WILLIAMS: But nowhere in that section does it talk specifically about prohibiting commuting to and from work unless assigned a vehicle, and I'd like to see you ~ add a third bullet point that says, "Commuting to/from work unless assigned use of a county vehicle." That then specifically prohibits commuting under any circumstances unless he's an assigned, authorized individual with a vehicle. COMMISSIONER LETZ: You lost me. MR. ODOM: Yeah, I -- COMMISSIONER WILLIAMS: A third bullet under the two that are there that says, "Commuting to and from work unless assigned use of a county vehicle." Now you have expressly prohibited what you said you're going to do in the 1-28-08 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 73 title of that section anyhow. I'd be happy to supply you with the language. MR. ODOM: I would appreciate that. I would like the minutes there; I'm a little bit confused with -- I thought we said that, but if we didn't, we'll -- I have no problems. COMMISSIONER WILLIAMS: There you go. JUDGE TINLEY: Any other questions? Comments? COMMISSIONER LETZ: I guess my -- my question is -- really, is -- I think it's kind of two things. One, I mean, we pretty much -- it's been foremen were the ones that kind of keep people out when they need to be out during weather primarily, or accidents. Where -- what area of the county -- I don't need the street address -- can you identify with all these people live? I think it's more -- I'm concerned that we have a good geographical distribution as much as anything. I mean, it needs to be -- I think I have no problem with any of the people. I just want to make sure that we're covered county-wide, because the purpose for this is to have them near where problems are. Does that make sense? MR. ODOM: Well, that's pretty tough when you have supervisors that are -- live in Comfort area. COMMISSIONER LETZ: I know. MR. ODOM: I mean, you know -- COMMISSIONER LETZ: I mean, it looks to me like 1-28-08 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 74 about three of them live in Comfort. MR. ODOM: Very close to Comfort, yes, sir. COMMISSIONER LETZ: And, I mean, would it not make more sense to try to get a -- how many of them -- well, three live in -- I mean, which is Douglas, Gail, and Joe, right? MR. ODOM: Right. COMMISSIONER OEHLER: Where's Aaron live? MR. ODOM: Aaron lives out in that area. He's more back toward Simms, back over in that area, back behind. COMMISSIONER OEHLER: We basically have all of them pushed up in one end of the county. MR. ODOM: Well, normally -- but you don't have a problem with Aaron and them, because they monitor -- normally, Aaron monitors that radio. And if there's anything, Aaron's there out all the time. Simms is where Biermann was, is essentially -- I've got coverage with central. That's the reason I wanted Deter left in there. COMMISSIONER LETZ: Right. MR. ODOM: I've got Tommy that doesn't have a vehicle that takes small things. We're talking about a -- you know, the possibility these supervisors -- I mean, if you want Tommy Bridges to make decisions, that would be a little bit difficult for me. But -- COMMISSIONER LETZ: I think -- well, which of these individuals -- any of them live in west Kerr County? I'm 1-28-08 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 75 glad to have a lot of them in my area, but I think -- I'm just concerned that -- you know. MR. ODOM: Well, Donne -- COMMISSIONER OEHLER: I'm glad for your concern. MR. ODOM: -- Donne can cover the Town Creek going out to the west area. I don't -- I don't have a supervisor, per se, that lives out there in Ingram. We used to have Ray Lynch, and responded at that point. JUDGE TINLEY: But, in fact, two of those areas are west Kerr. MR. ODOM: That's correct. JUDGE TINLEY: And you've got individuals assigned to -- MR. ODOM: To those areas -- supervisors for those areas. COMMISSIONER OEHLER: They just don't live close bY• MR. ODOM: They just don't live close by. COMMISSIONER OEHLER: But they still take care of the business at hand. COMMISSIONER LETZ: Right. MR. ODOM: That's right. And then you have the gentlemen that are normally more centrally located, if it's not a major deal. If it's a major deal, we already know about it, and the people are starting to respond or stay. A 1-28-08 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 76 lot of times Aaron will just spend the night over -- that's the reason we have that -- I wanted that other mobile home out there. JUDGE TINLEY: Out there in Ingram. MR. ODOM: Yeah. And a lot of times, they stayed with Ray Lynch and spent the night. So, that -- a lot of people just take it in and take care of it. Doug's real close to his. Deter takes care of that. Tommy will go out -- will go if they call him out; he'll get a vehicle, go check it out. Smaller things are handled internally; Donne can do that, and if we need him, we'll send him out. He'll take a look at it and see what the problem is. A lot of times it's isolated. What may be flooding in one place is not flooding in another. COMMISSIONER LETZ: Right. COMMISSIONER BALDWIN: Are any of those employees exempt employees? ', MR. ODOM: No, sir. COMMISSIONER BALDWIN: Over on your -- your policy, under personal use, you've pretty much described everything. Does that include, like, doctor's appointments, eye doctors, et cetera? MR. ODOM: Not necessarily. Sometimes. Depends -- COMMISSIONER BALDWIN: Either it does or it doesn't. 1-28-08 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 ~~ MR. ODOM: Well, I -- I don't have it in here, so -- if they have a scheduled -- normally, they try to get it and -- and make it in the afternoon; they'll take off. COMMISSIONER BALDWIN: You don't think a doctor's appointment is a personal issue? MR. ODOM: Well, it depends -- are they going to be there for 30 minutes or an hour? I don't know. You know, if it's all day or several hours or something, that's a different thing. But -- COMMISSIONER BALDWIN: I disagree. I think if it's two days, it's still personal. Number 5, "Use of County Vehicles for Official Travel." I think I know where you are there as well. I think -- but I think I would use -- what we do is, we consider that out-of-county travel. Not in-county, but out-of-county. So, if you were going to a meeting somewhere where the County picks up mileage and those kinds of things, food and dining and lodging and -- the words "out-of-county" I think is consistent language with other things that we do. MR. ODOM: And what -- on the last page there? Is that sufficient there? Selection of food or dining establishments be made with discretion? COMMISSIONER BALDWIN: Yeah, I like that language myself. It's a good job. Well, I don't understand why you have to have -- at one time, we had four -- well, five 1-28-08 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 78 counting you, and now we're up to eight, counting you. A flood's a flood. The county hasn't grown any. But I'm not JUDGE TINLEY: Commissioner, let me -- let me interject one thing on the medical appointments. I -- I can see if it's something that's discretionary, such as going to the grocery store, things like that, something that you can do or not do on your own time and have control over when it's done, that may be one thing. But if you have a doctor's appointment at 2:30 in the afternoon, I think it's -- from the county standpoint, it's more beneficial if the individual can go straight to the doctor from work, to his doctor's appointment, and then return to work, rather than take his vehicle back to maybe near Comfort where he lives, get in his personal car in time to go see the doctor, and then return back home, pick up his vehicle. Seems like that's -- just an observation. See where I'm coming from? COMMISSIONER BALDWIN: Yeah, I see clearly where you're coming from. Typical lawyer. JUDGE TINLEY: But the appointment is not something that the employee necessarily has control over, as he would if he goes to the -- he's going to the grocery store or picking up something on the way home or something. COMMISSIONER LETZ: I don't have a real problem 1-28-08 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 79 with the policy. I just -- you know, it makes -- MR. ODOM: Do you wish to reduce the area? The number of personnel? COMMISSIONER LETZ: I mean, I think that the -- I mean, the ones you have listed are the -- you know, the ones that need to be going out and making decisions and doing things in emergency situations, so I don't have a problem with them. It would be nice if it was a little bit smaller list, but I don't have a real problem with that. The way you have things divided up, I think it works out all right. And I'll make a motion to approve the policy, with the addition that Commissioner Williams made. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded as indicated. Further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. COMMISSIONER LETZ: And any change in policy has to come back to the Court. JUDGE TINLEY: Oh, yeah. MR. ODOM: Well, I hadn't changed it except now. JUDGE TINLEY: Let's do our 10:30 timed item before i-2e-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 we take our recess. Consider, discuss, take appropriate action on request from Kerr County Y.M.C.A. to utilize the Union Church building at a reduced rate. Ms. Chapman? MS. CHAPMAN: Good morning. JUDGE TINLEY: How are you this morning? MS. CHAPMAN: Doing great, thank you. JUDGE TINLEY: What do we got? MS. CHAPMAN: Well, we just -- Kerr County Y.M.C.A. used the Union Church building last year for a -- a dinner that we had for some of our volunteers, and we'd just like to have that opportunity to use the facility at the nonprofit rate, and be approved to use that facility again this year at the nonprofit rate for board meetings and some of our little fundraising dinners. i COMMISSIONER WILLIAMS: That's -- a volunteer dinner? Is that what you said? MS. CHAPMAN: Yes, it was a volunteer -- it was a volunteer dinner that we had, volunteer appreciation, little dinner that we had. And a meeting that we had, a board meeting that we had there last year. JUDGE TINLEY: These are Y.M.C.A. activities -- MS. CHAPMAN: Yes, sir. JUDGE TINLEY: -- exclusively? COMMISSIONER LETZ: And Y.M.C.A. activities, I don't have a problem with that, but all we're waiving is the 1-28-08 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 81 $25 fee. Any other fees are applicable. MS. CHAPMAN: Right. COMMISSIONER LETZ: Right? MS. GRINSTEAD: Well, with the Union Church, you have it as a four-hour minimum of $100, $25 an hour, so -- we don't really have any kind of nonprofit. JUDGE TINLEY: We reduce it to $25 that way. MS. GRINSTEAD: Is that what you're doing? COMMISSIONER LETZ: It would be -- well -- MS. CHAPMAN: $50. JUDGE TINLEY: Nonprofit rate. COMMISSIONER LETZ: The nonprofit waives that entire amount? Or does it -- MS. GRINSTEAD: We didn't really address nonprofit with Union Church. COMMISSIONER LETZ: I think we need to charge something, 'cause it costs the County, and they don't have any other setup-type charges there. I think a 50 percent reduction. COMMISSIONER OEHLER: Well, if we have a $100 minimum, four hours, then half would be $50, right? Not $25. COMMISSIONER WILLIAMS: Right. COMMISSIONER LETZ: Yeah. COMMISSIONER WILLIAMS: I'd go for that. That's consistent with everything else we're trying to establish. 1-28-08 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 82 As opposed to down to $25. COMMISSIONER OEHLER: There's always cleaning stuff to be done. There's -- COMMISSIONER WILLIAMS: Mm-hmm. JUDGE TINLEY: So, the nonprofit rates we're suggesting on the Union Church, there's a 50 percent reduction, correct? COMMISSIONER OEHLER: I think that's what I understood Commissioner Letz to say at the beginning. JUDGE TINLEY: Okay. I just want to make sure we all understand the same thing. COMMISSIONER WILLIAMS: Is it also understood, in cases of Union Church, unlike the Ag Barn, that the setup and clean-up is the responsibility of the renter? Is that understood? COMMISSIONER LETZ: Well, setup and clean-up at the Ag Barn is the responsibility of the County. That's why we charge for it. COMMISSIONER WILLIAMS: That's the reason I'm asking the question. COMMISSIONER OEHLER: Yeah. COMMISSIONER LETZ: I mean, I think that if ', there's -- COMMISSIONER OEHLER: We can waive it if they decide to do their own setup and clean-up. 1-28-08 83 1 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: There's really not that much setup, generally, that the County would be doing at Union Church. Most of them are just meetings that are held there. COMMISSIONER WILLIAMS: Well, then again, there are some things like that -- MS. CHAPMAN: We just set up -- last time, we just set up; we went, set up the tables, and then we cleaned it up afterwards. And I'm not sure -- when the other lady was in charge of it, I think she came in afterwards and just made sure we took the trash out and everything. COMMISSIONER WILLIAMS: Cleaning up the kitchen, restrooms, getting rid of trash, a lot of things that take place after a dinner. Bringing the tables back and chairs back. COMMISSIONER LETZ: Okay. We need a motion on that? Has anyone made a motion? JUDGE TINLEY: I thought you made one. COMMISSIONER LETZ: Okay. I made one. JUDGE TINLEY: Do I have a second? COMMISSIONER BALDWIN: The 50 percent? JUDGE TINLEY: Yeah, that's what he said. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: I have a motion and a second. Question or discussion? All in favor of the motion, signify by raising your right hand. 1-28-08 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 I ma'am. __-___ (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Thank you, MS. CHAPMAN: Thank you. JUDGE TINLEY: We will be in recess until 11 o'clock. (Recess taken from 10:46 a.m. to 11:05 a.m.) JUDGE TINLEY: Okay, let's come back to order, if we might. We were in recess for about 15 minutes. We'll resume with Item 16; consider, discuss, and take appropriate action to appoint Bud Fawcett as a new member to Emergency Service District Number 1, and reappoint Johnnie Hawkins, both for two-year terms. Commissioner Oehler? COMMISSIONER OEHLER: Both for two-year terms. JUDGE TINLEY: Mm-hmm. COMMISSIONER OEHLER: Yeah. I thought you said three. 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.) 1-28-08 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 85 JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Item 17; consider, discuss, take appropriate action regarding annual maintenance agreement with the ABA Moriah Corporation for the Printonix P5209 printer located in the Tax Office. I put this on because apparently the maintenance fee has been paid, but we never approved the contract, and it's one of those kind of clean up after fact deals. COMMISSIONER WILLIAMS: So, all we're doing is approving the contract? JUDGE TINLEY: Yeah. COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval. Question or discussion? All in favor, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Item 18; consider, discuss, take appropriate action to accept the annual racial profiling report for fiscal year 2007. Commissioner Baldwin? COMMISSIONER BALDWIN: The problem is, the state 1-2s-oa 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 law requires this. And, of .course, Precinct 1 constable is on the ball. And I'm assuming y'all got copies of it? COMMISSIONER WILLIAMS: Mm-hmm. COMMISSIONER BALDWIN: I'm not going to make that comment, so I move that we accept the annual racial profiling report. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval. Question or discussion? COMMISSIONER BALDWIN: I'd like for you guys to look at it and see who they really pick on. It's those white I men. COMMISSIONER OEHLER: Well, Constable, Precinct 4, does his annual report on that too, but I'm not sure he brings it to court. I know it gets filed with the clerk. COMMISSIONER WILLIAMS: So's mine. COMMISSIONER LETZ: And mine. COMMISSIONER BALDWIN: Very good. COMMISSIONER LETZ: Comes late. COMMISSIONER OEHLER: Mine's usually on time. JUDGE TINLEY: Further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) COMMISSIONER LETZ: Skipped 13. Did you do that on purpose? 1-28-08 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 JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. We'll take up Item 13; consider, discuss, take appropriate action for right-of-way on Wilson Creek Road and how it relates to Kerr County Subdivision platting requirements. COMMISSIONER LETZ: This is one that Leonard brought to me that I took it to Rex, and I thought we'd bring it to the Court, you know, just to get an idea. It's kind of an interesting situation. There are two issues, in my mind. One, does dedication of an easement trigger platting? Does -- is that a division of property that triggers platting? That's Question A. And then Question B is, the easement was done by deed restriction, and can do you a deed restriction that's contrary to our subdivision rules and circumvent subdivision rules? COMMISSIONER WILLIAMS: When did the deed restriction go into place? COMMISSIONER LETZ: Deed restriction went in place at the same time, basically, the platting was going on. Within the same, you know, period. You know, whether it be weeks, days, I'm not sure, but it was all happening basically at the same time. And the easement that -- on this particular one, the easement in question was, I think, intended to widen -- Wilson Creek has a 40-foot right-of-way, 1-28-08 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 88 deeded right-of-way that we own. This right-of-way is along Wilson Creek, where he sold -- the individual sold some 20-acre tracts. He did the right-of-way and kept it for himself. So, the County doesn't -- it's coming to us now because the phone company wants to put a fiberoptic down the road, and they want to know, well, do we put it next to the 40-foot right-of-way or do we put it next to the 60-foot right-of-way? And we don't own -- I mean, our right-of-way only goes to 40 foot. So, anyway, it triggered all those questions at the same time, and I'll see what Rex may have to say. COMMISSIONER WILLIAMS: Hello, Rex. MR. EMERSON: My initial review would indicate that it's a -- what's a nice way to put this? Basically, it's almost a subversion of the subdivision rules. The granting the additional 20 foot is in direct violation of subdivision rules under 1.02.C; basically states that if any part of the property, including easements, is subdivided, then you fall under the rules. And I'm not sure how you do an easement to a deed restriction in an attempt to get around the subdivision rules, which is what this person is trying to do. COMMISSIONER LETZ: I mean, and it -- and, further, it doesn't make sense to me, I mean, what the purpose of it is. 'Cause what they've done, basically, is -- if the title company ever looks at it, they've landlocked the piece of 1-28-08 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 property. They can't get to it without this guy's permission. Which is -- anyway, so my view is that, you know, I think it violates subdivision rules, and it triggers platting on that 22-acre tract, or at least on the easement part of it. If he wants to leave the piece off, he can, but he has to plat the easement, if nothing else. MR. ODOM: That's five different tracts. COMMISSIONER LETZ: And there's a tract -- he did it along the whole stretch of the road. COMMISSIONER WILLIAMS: Is this the same gentleman as the Comfort W.C. & I.D.? Same gentleman? COMMISSIONER LETZ: No, it's a brother. COMMISSIONER WILLIAMS: Brother, okay. COMMISSIONER LETZ: Yes, it's a brother, I think. MR. ODOM: And the catch-22 is -- is that the telephone company needs to provide that service up there, and I -- we particularly do not wish to have fiberoptics buried, and then turn around and have to tell them to move it again. Then we, as taxpayers, got to pay for it. I don't think we should. COMMISSIONER BALDWIN: I agree with you. MR. ODOM: So I'm sort of in a quandary, which way do they go? Do they go over the extra 20 foot over here? And -- but they are in violation of 1.02.C. COMMISSIONER BALDWIN: Who is in violation of 1-28-08 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 1.02.C? MR. ODOM: The developer -- or the individual that sold the property. COMMISSIONER LETZ: His name is Richard Bohnert. COMMISSIONER BALDWIN: Tell me one more time what they did? He sold the property -- MR. ODOM: He sold property, 20-acre tracts; about 125 acres, and I think he divided it into five -- COMMISSIONER BALDWIN: Mm-hmm. MR. ODOM: -- tracts. And what he did was to give -- he was -- told -- he wanted to have a 60-foot easement, so instead of just selling it off like he should have, for whatever reason, he put another 20 foot in there, which is fine, and we were told that that's what he had done. He had put 20 foot. We couldn't get that from Mr. Voelkel; it was only showing to 40 foot. When it all came out and we finally got everything from the clerk, we found those five tracts. He subdivided -- he sold it off metes and bounds, gave himself this easement, and why, I don't know, when what he did was landlock the property. I mean, he cut off -- COMMISSIONER LETZ: I mean, so his option, he could give -- he can either plat it, which we're going to have a problem with -- I'm going to have a problem with, or he can deed it to the County. COMMISSIONER BALDWIN: He needs to deed it to the 1-28-08 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 91 County. COMMISSIONER LETZ: And if he deeds an easement to the County, then he doesn't have to plat it. JUDGE TINLEY: Well, can he deed it to the County without the joinder of the landowners that are adjacent? Because it's an easement; it's merely a burden on the property, and for a particular use. Title of the property -- the underlying property went to the adjoining landowners that he was avoiding the platting process by conveying to. MR. ODOM: So, we're saying that he needs to deed it to the property owners, or convey that section to the property owners? COMMISSIONER LETZ: I think he has to plat it. I mean, the -- we need -- the County wants a 60-foot right-of-way there. MR. ODOM: Right. COMMISSIONER LETZ: And I think that there -- and, you know, we need it right there. It's a very heavily traveled road. I really think that probably the best way is -- the way it was done is in violation of subdivision rules. It needs to be platted for other remedies which you can give the easement to the people, but then -- you know, I think we need to talk to the landowners, and we would ultimately like to get it. How we get there, I'm not sure right now. 1-28-08 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 92 JUDGE TINLEY: If he plats the property, and the platting process is joined in and approved by all those landowners, I think that'll get us to the 60-foot. COMMISSIONER LETZ: Right. If he wants -- once he hits the platting, then we can require him to give us the 20 foot. MR. ODOM: So, you wish for us to contact the property owners? COMMISSIONER LETZ: I think~I'd call Mr. -- the developer and the property owner, and say that that division of that easement, the way it was done triggered platting, and all -- that whole tract needs to get platted. MR. ODOM: All right. So, why don't we just -- we'll call the property owner, talk to him about the violation. COMMISSIONER LETZ: But we need to handle all five of these tracts. I don't know if he sold all of them or not. MR. ODOM: I don't know, but I just know there's five. That's what I heard. COMMISSIONER OEHLER: Did he give those individual owners interest in that -- in this easement, this 20 foot we're talking about? They don't have any interest in the 20 feet? It doesn't appear -- MR. ODOM: Not to my knowledge. MR. EMERSON: What it says is, Reservations from 1-28-08 1 2 3 4 5 6 7 8 9 10 11 I2 13 14 15 16 17 18 19 20 21 22 23 24 25 93 Conveyance: Grantor, their heirs and assigns, reserves an easement and right-of-way for the purpose of ingress and I egress across the property conveyed by this deed to grantee, and it's being all of a certain 60-foot-wide strip -- goes on to be described. So, he reserved his own ingress and egress. COMMISSIONER LETZ: He reserved himself, but he's the only one that can cross it. Doesn't make sense, what he did. MR. EMERSON: No. COMMISSIONER OEHLER: Not if he sold the properties. Why does he have any right to go in there? MR. EMERSON: 'Cause he reserved the right. Which just happens to parallel the existing road easement. COMMISSIONER LETZ: Yeah. And that's why I think we can trigger -- it's triggered platting, to make it be fixed. COMMISSIONER WILLIAMS: And correct it. COMMISSIONER LETZ: Correct the whole property. MR. ODOM: Correct the whole thing by platting it. That would be the way to do it. Then we could authorize putting in that fiberoptic. I hate to be the bad guy, but ~ it's just not right to put it there sometime in the future. II It's the old Roane Road, if you know what I'm talking about. We changed the name. That's very narrow right there as it is. 1-28-08 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 94 COMMISSIONER LETZ: It's a dangerous intersection where it hits 27. Okay. Either you or Rex, someone advise them that they've violated subdivision rules. MR. ODOM: We can send him a letter and come in and talk to us. Okay. COMMISSIONER LETZ: Rex pointed if you'd send the letter. MR. ODOM: I figured that. COMMISSIONER LETZ: I think it also is a -- you can't -- I heard Rex say this is more of a -- you cannot circumvent subdivision rules through a deed restriction. COMMISSIONER BALDWIN: I'm not sure I can see what he was planning on gaining from this at all. Unless he's going to come back and gouge the County later on or something like that. But isn't it amazing what precinct that stuff is -- all this weird stuff is in? COMMISSIONER WILLIAMS: Used to be in my precinct, but we gave it to Commissioner Letz. COMMISSIONER OEHLER: Too far downstream from the Guadalupe. COMMISSIONER WILLIAMS: The water changes out there. JUDGE TINLEY: You had things squared away when it was in Precinct 2? COMMISSIONER WILLIAMS: It was okay when it was in 1-28-08 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 95 my precinct. JUDGE TINLEY: Okay. Does that take care of Item 13? Okay, let's move to Item 19; consider, discuss, take appropriate action on capital projects preliminary list for inclusion in the capital improvement projects and loan. MS. HARGIS: Did everybody have an opportunity to review the list? COMMISSIONER BALDWIN: Yes, ma'am. I have a question. MS. HARGIS: Yes, sir? COMMISSIONER BALDWIN: The repairs to windows and doors in the old part of the courthouse, I'm assuming that we're going to have a -- you know, the Historical -- MS. HARGIS: They're already involved. COMMISSIONER BALDWIN: -- Commission, or "Hysterical" Commission says that we can't do this. So, we need -- we're trying to set up a meeting -- are we setting up a meeting with them? MS. HARGIS: Mm-hmm. COMMISSIONER BALDWIN: And I would think that we need some kind of resolution to do that before we -- MS. HARGIS: Well, I think -- you know, you're not going to build it until such time -- we need to go ahead and put it in the loan and -- and hold it in escrow it until such time. 1-28-08 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 96 COMMISSIONER BALDWIN: Well, that's a good liberal way to do it, but I'm not sure that that's the proper way to do it. ', MS. HARGIS: Well, let me make this suggestion. We talked about having a workshop on this, and I think that would probably be the best thing to do. Remember, this is the wish list. This is not the pared-down list. COMMISSIONER BALDWIN: I understand. MS. HARGIS: There's two things to consider here. One is that we're going to be paying off some debt, which we already know. The second thing is that, due to the -- and I hate to say this; that's taking advantage of the recession language that's out there. But the feds have reduced the interest rate very, very low, and I think that, you know, it would give us that opportunity to spread the cost of these I items out over a period of time. It's not uncommon to, you I '~i know, go out for a bond issue and hold that money in escrow. ~~ Mr. Baldwin, if you decided not to do the windows, and the Historical Commission did not want you to do that, then you take that money and you pay off the debt. So, it's not a matter of holding it to use it for something else. You pay off the debt with it. COMMISSIONER BALDWIN: Okay. COMMISSIONER WILLIAMS: Do an early debt reduction. MS. HARGIS: Yes. 1-28-08 97 1 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 COMMISSIONER BALDWIN: Thank you. ', COMMISSIONER LETZ: Question I have is, this list, I~I!, are we tied exactly to this list? MS. HARGIS: No. We need to either expand it, reduce it, whatever y'all want to do. This is preliminary. ' COMMISSIONER LETZ: I mean, say we were to approve ', 1,545,000, whatever this amount. That's what we wanted to i do. And then we do that, and then we decide that we wanted to -- Leonard comes in and says he wants -- doesn't want a brush chipper; he wants a loader. MS. HARGIS: Right. We don't want to tie the exact items; all we want to do is tie kind of an overall estimate that we want to spend on equipment, and put it under one umbrella. Because you don't want to tie it down tight, because you would have a problem. So, like, we said refurbish the windows. It doesn't mean -- we haven't put the number of windows. We can just say Road and Bridge equipment, and I'm sure that's the way that Bob Henderson would have it written up in the note. Again, all of these items are there, and if we decided not to do them, then -- you know, and that's what Bob and I talked about as well. Then you just -- you just pay the loan down, because you figure that's not a good way to do it, if the windows become a problem. Some of these items, though, we do definitely need i-zs-os 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 get down to the others, the -- what I want to suggest in this realm is, we don't -- we're paying off about 160,000, what I would refer to as real long-term debt. That's going away this year. We have some leases of equipment that are Leonard's that are also going away, which gives us about 241. I'm not sure which of those he's replacing with this list, and which he'll need to keep. He and I have not had the opportunity to visit on that. But what we need, as you can see from the amortization schedule, was around -- depending on how many years you wanted to go out, and I used 3.9, because that's kind of what Bob used that day. It's already down to about 3.5, and I may have used 3.5. The first schedule, I used 3.9. But we can ladder this out so that it will work to where the first two years are a little lower, and then when we get to that really large dropoff, which is in 2010, we drop off about a half a million, then we -- we revert, pay a huge payment that year, so it will still get us to five years. So, you can -- you kind of make your first two payments a little lower so that, you know, we could keep our debt level, and then you're still keeping your debt level, but you're able to pay it off within a shorter term, so you can -- you can structure that to make this work. The reason I'm saying that is, I think to take the opportunity of this 1-28-08 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 -- of the rates, and also, we don't know what the marketplace this -- it's kind of like they used to say in my old industry, was you take this window of opportunity and you analyze it, and you take -- you know, to the best of your ability. 3 percent interest, 3.5, I mean, we're not going to see that. I mean, if it -- recession comes, then inflation's going to come right behind it. So these are, you know, things that people have added to this list a little bit, you know, other than the -- the items that we specifically put on there. It's up to the Court to choose. You know, I just gave you a list of what people have and haven't given me. COMMISSIONER BALDWIN: Would you take a breath just for a second? Let me ask these guys something. Are y'all -- especially you guys on the other end of the table that have been working with this thing on the Ag Barn, are you sure that that's a good number? You don't want to -- because of the interest rates really being as good as we're probably going to ever see, from now on, are you sure that this is the amount y'all want to hang in with? COMMISSIONER WILLIAMS: Good question. COMMISSIONER BALDWIN: You don't want to add to 1-28-08 100 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 JUDGE TINLEY: Let me -- let me address the issue of the description of capital projects. This is going to be a tax anticipation obligation, and that's essentially the security for the repayment. Other than describing capital projects, -- MS. HARGIS: That's all. JUDGE TINLEY: -- I don't -- I don't think you need to even break it down further to Road and Bridge equipment or courthouse improvements or renovations. I think you just say capital projects and be done with it. I don't think -- MS. HARGIS: In our issue -- JUDGE TINLEY: I don't think you -- I think you can move this stuff around any way you want to. MS. HARGIS: This is just -- and I agree. This is -- but we, ourselves, need sort of -- kind of a budget that we can tie back to, so this is an internal budget. Our external document will not reflect anything but capital. JUDGE TINLEY: Okay. COMMISSIONER LETZ: Okay. COMMISSIONER WILLIAMS: Question -- I have a couple questions. All of the amortization schedules that you've given us, Ms. Hargis, are predicated on 3.75, so you're saying that right now, we think we can attract 3.5, which changes the amortization schedules favorably? MS. HARGIS: Yes. 1-28-08 102 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 lot of little problems that -- and I have no idea how much they're going to cost, 'cause I don't know anything about -- that much about what Odyssey charges to -- again, I wasn't here. So, Incode needs some tweaking as well, and we need -- we need their people to come out, and it's very expensive. loaded when it was loaded into the new system. Unfortunately, these are just things that need to be done, and -- and we got to have money to do them. And the software package itself is not -- the first one is not -- that's just a package. But, you know, we -- we spend a lot of time doing spreadsheets and things of that nature, trying to get around some of these problems, and we're not making it in some areas. And so it's taken us hours to get from A to Z, when it shouldn't take us 30 minutes. And -- COMMISSIONER WILLIAMS: Okay. before we do it, we'll come to you and we'll sit down with them and get a cost estimate, the whole bit. And we're going to try to, you know, discuss with them the possibility -- some of these things are their fault, as well as some of them are ours. But we need some additional programs written into the stuff. 1-28-08 103 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 COMMISSIONER WILLIAMS: Okay. First amortization of reduction payment will be in the '08-'09 budget year; is MS. HARGIS: Yes. COMMISSIONER WILLIAMS: Thank you. COMMISSIONER LETZ: Can we -- I haven't talked to just -- I kind of -- I'm worried that that may not be enough. I know there's going to be some utility things we really haven't thought a lot about that's going to be very expensive that we're going to have to do. And we really haven't -- another thing that, even if we aren't successful in going out and getting grants, we have got to do some major improvements to the arena. I think the utility changes that we need to do in the arena alone are going to exceed probably 250,000. Can we afford to put 500,000 for the Ag Barn? MS. HARGIS: I think we can. Again, we'll structure this, you know, to be lower on the front end. We may do interest only on the first two years, because we've got at least a half a million that is free -- actually, closer to about 680,000 in that third year, and that -- you know, that would take up -- that would pay it down quite a bit. So -- and then you'd have 680 in the following year, so you're still going to be able to pay it out. We may need to stretch it to six years instead of five, but I think we can 1-28-08 104 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 do it. COMMISSIONER LETZ: I think -- I mean, if we were six months down the road, we'd have a better handle on the Ag Barn, but we're not. And we can turn around and not use it, but I sure would -- COMMISSIONER OEHLER: Be nice to have it there. COMMISSIONER LETZ: - - rather have it there than I not have it. COMMISSIONER OEHLER: We have some things that we really need to do, and -- if we don't get enough grant money to do the whole thing. COMMISSIONER LETZ: And some of it we just have to do. COMMISSIONER WILLIAMS: I'd rather see us be prepared to do it than have to stop because we didn't have enough foresight to do it. COMMISSIONER OEHLER: And, too, if we have that kind of money available, it will hip us in our grant process. COMMISSIONER BALDWIN: Absolutely. That's the I way -- COMMISSIONER WILLIAMS: I think that's an important I element. COMMISSIONER BALDWIN: I think that's it right there. That's the key. COMMISSIONER WILLIAMS: I think we need to go after 1-28-08 105 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 some of that, for example, U.S.D.A. money real quick. COMMISSIONER OEHLER: U.S.D.A. and some others. COMMISSIONER BALDWIN: So, when do you -- when do you see us -- I mean, I agree with you that this is kind of an internal budgeting process, and which I like a lot. But I also understand what he's saying. When are we going to adopt a number to give to Bob? MS. HARGIS: Well, that's up to you. I would like to -- now, remember, he said it's going to be at least eight weeks. And some of these things we've already bought, so we need to -- like the computers, so we need to be paying ourselves back here. So, I would hate to see us go too far. You know, I think we need to get on it, 'cause we're looking at probably not being funded till April -- April, first of May right now. COMMISSIONER LETZ: I think, I mean -- COMMISSIONER WILLIAMS: Just add 250 to the bottom and go. COMMISSIONER LETZ: Just go to 1,750,000. Which is -- you know, puts us at a round number, which I think is more beneficial. I make a motion that we -- what are we doing on this thing? JUDGE TINLEY: Hmm? COMMISSIONER LETZ: Looking for a -- I make a motion that we set the capital improvement loan amount at 1-28-08 106 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 $1,750,000, and the proceeds will cover capital items and equipment. COMMISSIONER BALDWIN: I'll second that motion. JUDGE TINLEY: Motion made and seconded as indicated. Question or discussion? COMMISSIONER BALDWIN: I just want to make the point that I have dealt with the Hysterical Commission of the state before, and generally, when they say you cannot put those kind of windows in your courthouse, they mean you cannot put those kind of windows in your courthouse. JUDGE TINLEY: Let me -- let me address that, if I might, Commissioner. As I read that statute on architecturally significant matters with a courthouse 50 years of age or older, which is the statute we're dealing with, there's a requirement that you put them on notice of your intent to do whatever it is you intend to do. COMMISSIONER BALDWIN: Mm-hmm. JUDGE TINLEY: And they acknowledge that -- that you put them on notice, and you thereafter are hung on the hook for 180 days. They do not have the authority to tell you you can or cannot do that, unless you decide you want some of their money. COMMISSIONER WILLIAMS: Right. JUDGE TINLEY: Which they're going come try and tempt you with, and if you take their money, then they will 1-28-08 107 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 take control. If you don't take their money, you're just hung on the hook for six months while they try and twist your arm, hold a gun to your head, or whatever else they wish to do in order to see it their way. But -- COMMISSIONER BALDWIN: I hope you're right. And -- and if you are, then we -- we can pull this thing off. JUDGE TINLEY: Mm-hmm. COMMISSIONER WILLIAMS: I think the Judge is right. And then if you -- if you looked at the paper this weekend, you saw where -- how they came down with some grants and denied a couple counties a major grant after they had spent beaucoups of money to do what they asked them to do to get ready for the grant application, Comal County being one of those counties. They spent a ton of money to get ready, and then were ultimately denied. COMMISSIONER BALDWIN: What's amazing is they say the reason that they get so tough is 'cause they don't want -- they want the old type windows to make the courthouse look like the old type courthouse, and that's the whole thing. Well, unless you want their money, then we can change the kind of windows. That's just -- that borders on nuts, to me. But -- COMMISSIONER WILLIAMS: Should be a fun workshop. COMMISSIONER BALDWIN: State law is state law, guys. 1-28-08 108 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 JUDGE TINLEY: That's right, state law. We've -- COMMISSIONER BALDWIN: Mm-hmm. JUDGE TINLEY: And, guess what? Time for MS. McMAHON: Judge Tinley, if I could just interject, when you consider windows, I hope it's possible architecturally to keep the old look and have the double-pane argon gas-filled for the energy efficiency. I don't know what they have. JUDGE TINLEY: It is possible to replicate the look, replicate the colors you'll be using. What I submitted to the Historical Commission would be a maintenance-free -- or to the degree that's possible in today's world, maintenance-free exterior. We're going to utilize the interior wood frames and trim, but with energy-efficient glass, either low-E glass or possibly double-pane. In all probability, the -- using single lights, the difference between that and the dividers being, in essence, false dividers, but they give the same appearance. I don't know whether we're going to be using double-pane or low-E, but either way, it's going to increase energy efficiency, and I think over a period of time, based upon the improvement, we'll -- we'll be able to amortize that cost with energy 1-28-08 109 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 savings. MS. McMAHON: How about light fixtures? JUDGE TINLEY: Pardon? MS. McMAHON: The new energy-saving bulbs, too. Are those being considered? JUDGE TINLEY: Not with this particular -- COMMISSIONER BALDWIN: Yeah, we better put some I more -- COMMISSIONER LETZ: We're off the agenda; we can't talk about light bulbs. JUDGE TINLEY: Good point, though. COMMISSIONER BALDWIN: Yeah, excellent point. I just have one more question about our teleconferencing from the jail. Now, didn't -- didn't we budget some in the regular budget -- in our regular budget, the county budget? JUDGE TINLEY: We pulled that out into this -- into this. COMMISSIONER BALDWIN: I see. Okay. JUDGE TINLEY: As part of the I.T. package. COMMISSIONER BALDWIN: Is this the same amount that we talked about? MS. HARGIS: Yes. JUDGE TINLEY: It is. COMMISSIONER BALDWIN: Okay. COMMISSIONER WILLIAMS: Same with Juvenile 1-28-08 110 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 Detention Facility. JUDGE TINLEY: This is just the initial phase, and once we see how well that's accepted and how well it works, how well utilized, why, then we'll -- COMMISSIONER BALDWIN: Well, I still can't get -- I mean, I think it' a great program. I really like the idea. But I just -- it seems so strange to me that we would spend this kind of money and get the thing set up, and we don't know if Junction or Menard's going to go with us or not. JUDGE TINLEY: The initial -- this initial phase would not involve any of the other counties. COMMISSIONER BALDWIN: So you can sit here, as a Judge, and magistrate people out at the County Jail? That's all this does? JUDGE TINLEY: Or even -- not just magistrate. You'd be able to do arraignments, to do pleas, pretrial proceedings. COMMISSIONER BALDWIN: From the jail to the Kerr County Courthouse? JUDGE TINLEY: Yes. Yes. COMMISSIONER BALDWIN: Okay. COMMISSIONER OEHLER: Save a lot of transporting. JUDGE TINLEY: And security. Security and personnel -- COMMISSIONER OEHLER: Security too. 1-28-08 111 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 JUDGE TINLEY: -- I think is the big issue there. You know, you wouldn't gain a lot of judicial efficiency like you would if you had a multi-county tie-together like I hope we get to. COMMISSIONER BALDWIN: I do too. JUDGE TINLEY: As I've talked to you gentlemen about. You know, I see that as something that's really going to be something in the future. We'll gain a lot of judicial efficiency there. Okay. We got a motion and a second, don't I we? THE CLERK: Yes, sir. JUDGE TINLEY: 1.75? COMMISSIONER WILLIAMS: Mm-hmm. JUDGE TINLEY: Okay. 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. Okay, we'll move to Item 20, presentation of audits on the following departments: Tax Assessor/Collector, Emergency Services District Number 2, Mountain Home Volunteer Fire Department, County Clerk, District Clerk. They pretty much speak for themselves, don't they? 1-28-08 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MS. HARGIS: Yes. We're just about to get all '~, around. We have about eight more areas that we -- that are under, and then we'll start going back around. JUDGE TINLEY: Start over again? (Ms. Hargis nodded.) JUDGE TINLEY: Kind of like painting down at the Texas coast; once you get to the end, you just go back and start at the beginning. MS. HARGIS: This was strictly a cash -- more of a cash procedure type of a situation, and learning what the departments do. This next one we're going to do is more an internal control, and then we'll combine them to do a once-a-year audit. We couldn't do them all at one time. COMMISSIONER WILLIAMS: Where are we on your recommendation in terms of improving the security at the annex in Ingram? MS. HARGIS: I haven't heard any more. COMMISSIONER WILLIAMS: Do you know, Commissioner I Oehler? COMMISSIONER OEHLER: Do what? I'm sorry, I was -- I was looking into something. I was reading. COMMISSIONER WILLIAMS: Do you know where we are, perhaps, on the recommendation for improving the security in the Ingram office? 25 I COMMISSIONER OEHLER: No clue. 1-28-08 113 1 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. HARGIS: I think the Sheriff was supposed to come back and give us a -- COMMISSIONER OEHLER: I don't know any more than that. They have not made me aware of any of it. MS. HARGIS: I'll call them. JUDGE TINLEY: You're going to follow up on that? (Ms. Hargis nodded.) JUDGE TINLEY: Do you wish for us to take any formal action, or is this just informational for our purposes, as required by -- MS. HARGIS: I think that the one you do need to take formal action on accepting is the ESD. Under the Health and Safety Code for ESD's, you're supposed to accept the ESD audit. COMMISSIONER LETZ: Right. I'll make a motion we accept all audits as presented. JUDGE TINLEY: I don't think the agenda item is going to let do you that. COMMISSIONER LETZ: Oh, we can't? JUDGE TINLEY: Presentation only. COMMISSIONER LETZ: Okay. COMMISSIONER WILLIAMS: Thank you. JUDGE TINLEY: Do it next time. MS. HARGIS: So, next time. JUDGE TINLEY: We'll move to Item 21; consider, 1-28-08 114 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 discuss, take appropriate action to authorize participation in TexPool, and designating an authorized representative. MS. HARGIS: My turn again? I might as well just Hutchison. It's a pool of municipalities only, and it's a -- a very good way of earning interest. It's a daily interest. We would have the ability of putting a lot of our money there and earning a much higher rate of interest, and then bringing it down. It's an immediate -- I mean, you can put it up for a day, you can bring it back down. What I'm doing is just getting you to authorize us so that we can put in the resolutions to get some accounts with them. It doesn't mean that we're going to have -- right now, I don't know exactly how much money, but we -- we think that this would be one of the tools that we need in our investment portfolio. JUDGE TINLEY: And as part of that resolution, we would need to authorize an individual or individuals to act on behalf of Kerr County? MS. HARGIS: Right, and I would assume that would be Mindy and myself. JUDGE TINLEY: Makes sense to me. COMMISSIONER LETZ: Independent? Or -- either one? MS. HARGIS: The way that TexPool is set up, you 1-28-08 115 1 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 have to do it together. And the only thing you can do in TexPool is you can wire it to TexPool and wire it back to the parent -- the main account. You can't wire it anywhere else. It'll go to TexPool and back to your account. That's all you can do with it. COMMISSIONER LETZ: But the authorization requires both you and Mindy to incur what y'all -- MS. HARGIS: She would make the wire; I would make the approval. They require that. COMMISSIONER LETZ: Okay. COMMISSIONER BALDWIN: Mindy, do you approve? MS. WILLIAMS: Yes, sir, I do. COMMISSIONER BALDWIN: Okay. Second -- first, ~ maybe. COMMISSIONER LETZ: First. JUDGE TINLEY: That was a motion? COMMISSIONER BALDWIN: First. COMMISSIONER LETZ: Second. JUDGE TINLEY: We have a motion and second as indicated to participate and authorize a resolution, upon the joint authorization of the Treasurer and the Auditor. 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. 1-28-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 (No response.) JUDGE TINLEY: That motion does carry. We've got a couple of executive session items, and why don't we go ahead with the latter part of our agenda to get that out of the way before we run everybody out? We'll go to Section 4 of the agenda. First item is to pay the bills. COMMISSIONER BALDWIN: I've got three or four days worth of questions here, but -- JUDGE TINLEY: Okay. Start with today. COMMISSIONER BALDWIN: Yeah. I'll just thumb through here and see what I'll let slide. Here's one I can't let go. Page 11, Jury Fund. Juror chairs. MS. HARGIS: Yes. Those were approved in the ', budget. COMMISSIONER BALDWIN: Thank you. Next page, 216th District Court, Gaddis Court Reporting. Special court reporter, or what is that? JUDGE TINLEY: Yeah, it's court reporting services. COMMISSIONER BALDWIN: So we have a court reporter that probably took a vacation or something like that? And we had to -- JUDGE TINLEY: Presumably, they had the need for a contract court reporter. I don't know whether that's a one day or one and a half day, or -- COMMISSIONER BALDWIN: That was 216th. Next page 1-28-08 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is 198th, exactly the same thing, different company, $5,209. MS. HARGIS: Some of this is research and redoing -- help me with this -- the -- the notes that the court reporter takes down, and for a trial -- JUDGE TINLEY: The big item, the 5,200, Commissioner, -- COMMISSIONER BALDWIN: Mm-hmm. JUDGE TINLEY: -- there was a statement of facts, I'm sure, that was prepared in connection with a case that went up on appeal for an indigent defendant, for which we get to pay the freight. MS. HARGIS: Yes. JUDGE TINLEY: And that money went to the court reporter, the official court reporter of the 198th Court, for preparing that statement of facts. I know that's exactly what you wanted to hear, wasn't it? COMMISSIONER BALDWIN: No, it wasn't exactly. Page 14, the last item, Premier Reporting. Is that the same thing? MS. HARGIS: Yes, it's a court COMMISSIONER BALDWIN: We have companies in 198th doing work that we al do, in my opinion. I'll let that go. JUDGE TINLEY: Don't spare us. COMMISSIONER BALDWIN: No, no, transcript. three different ready pay somebody to no. I'm under the 1-28-08 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 constables now, on Page 32. JUDGE TINLEY: Moving right along. COMMISSIONER BALDWIN: G.T. Distributors, Operating Equipment, $441. What -- what could that -- what could that be? Is that ammunition? Or -- COMMISSIONER OEHLER: No. We had some discussion on this same line item last couple meetings. COMMISSIONER BALDWIN: Yeah. MS. HARGIS: This -- COMMISSIONER OEHLER: Uniform expense. MS. HARGIS: This was uniform -- no, this was actually a -- either -- repair, I believe, of something. I'm sorry, I don't remember exactly. COMMISSIONER BALDWIN: Well, the constable in 3 has got the same thing, different number. MS. HARGIS: It may have been ammunition. I'm sorry. COMMISSIONER OEHLER: Only one that doesn't have that is Precinct 4. MS. HARGIS: It's the only item they have besides the salary. COMMISSIONER BALDWIN: Operating Equipment. COMMISSIONER WILLIAMS: And the answer is? JUDGE TINLEY: It's here somewhere. MS. HARGIS: 62249, and then the other one is 1-28-08 119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Discussion off the record.) COMMISSIONER WILLIAMS: Needs two more hands to come at it from both ends. JUDGE TINLEY: Yeah, sure do. COMMISSIONER BALDWIN: While we're waiting on I him -- JUDGE TINLEY: Yeah. MS. HARGIS: What else? COMMISSIONER BALDWIN: Rusty buys Tahoes and -- and finances from -- buys a Chevrolet Tahoe and finances them through the Ford -- MS. HARGIS: Mm-hmm. COMMISSIONER BALDWIN: Okay. COMMISSIONER OEHLER: That was a strange thing about the purchase this year. MS. HARGIS: And the Tahoes are here, all three of them. The cars are not, by the way. The cars -- COMMISSIONER BALDWIN: Page 40. It's just -- it's just a name that I don't recognize. The Historical Commission for a camera, Francelle Collins. COMMISSIONER WILLIAMS: New member of the Commission. COMMISSIONER BALDWIN: New board member? COMMISSIONER WILLIAMS: Yes, sir. i-zs-os 120 1 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 didn't see her name on that list of board members, but that's what I'm saying. I just didn't recognize that. Anew board member? COMMISSIONER WILLIAMS: Yes, sir. COMMISSIONER BALDWIN: Okay. I'll stop there. COMMISSIONER WILLIAMS: Go back to Page -- COMMISSIONER BALDWIN: 32. COMMISSIONER WILLIAMS: -- 32. JUDGE TINLEY: I'm having a devil of a time finding that one, Commissioner, 62249. COMMISSIONER OEHLER: I have one, while you're looking. COMMISSIONER BALDWIN: It's hard to get good help, JUDGE TINLEY: It is. COMMISSIONER OEHLER: On the Sheriff's budget, on Page -- I think it's 28. I don't have my glasses. Utilities for the Clearwater Paseo, $2,977.14 for water. That seems like an awful lot of money for water. COMMISSIONER WILLIAMS: They've gone up on the rates again. COMMISSIONER OEHLER: Have they? COMMISSIONER WILLIAMS: Yes, sir. COMMISSIONER OEHLER: Could you do a comparison from past months? 1-28-08 121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. HARGIS: I did when I first got here. I'll do it again. COMMISSIONER OEHLER: Might be easy for you to do that. Seems like an awfully high bill. We must have a broken water main. COMMISSIONER BALDWIN: That is a lot of money, 3,000 bucks. COMMISSIONER OEHLER: $3,000 for water. MS. HARGIS: The commercial rate is pretty high. COMMISSIONER LETZ: Yeah, that wouldn't surprise me at all. COMMISSIONER OEHLER: Maybe we ought to drill a I well. COMMISSIONER WILLIAMS: They flush a lot of commodes out there. COMMISSIONER OEHLER: I understand that, but there are low-flush toilets. MS. HARGIS: There was also over the Christmas holidays, and we had a full house. Did you did you find it? JUDGE TINLEY: I'm sorry. The -- the Precinct 2 constable, most of that money was spent on an AC/DC charger for a light system; it was $115. And then there was some practice ammo; that was $150. Then we had various and sundry other smaller charges through there. There are some handcuffs, some -- another charging unit, charger cord, 1-28-08 122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 defense spray. I guess that's one of them. COMMISSIONER LETZ: Pepper spray or something. JUDGE TINLEY: Yeah, that's that one. The 6 -- the 50, which is Precinct 3, pretty much the same duke's mixture. Biggest item, of course, is bullets. Quantity of bullets. COMMISSIONER LETZ: Generally, operating equipment. COMMISSIONER WILLIAMS: Don't get in the way of the constable. JUDGE TINLEY: Yeah. If he can't hit you, he'll spray you. COMMISSIONER OEHLER: I won't get that close to I him. JUDGE TINLEY: Okay, what else? COMMISSIONER LETZ: Move we pay the bills. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded to pay the bills. Question or discussion? COMMISSIONER LETZ: One more. JUDGE TINLEY: One item, Flasher Equipment Company on Page 46, Road and Bridge. Contract fees for Sheppard Rees and Elm Pass, 9,000 and 15,5 respectively. COMMISSIONER WILLIAMS: Striping, probably. MS. HARGIS: It's -- well, it was a lot of material. I mean, you know, either the asphalt or rock. We bought a lot of paving stuff. 1-28-08 123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: With Flasher Equipment? They put up barriers and all. MS. WILLIAMS: I think they buy the reflective paint for striping and stuff from them. JUDGE TINLEY: Oh, okay. Yeah, that stuff is expensive. MS. HARGIS: Well, they've been doing a lot of roads, if you look at how many roads they've done. JUDGE TINLEY: Okay. COMMISSIONER OEHLER: That stuff's over a dollar a foot. MS. HARGIS: Yeah. We actually even checked their budget, 'cause they had so much go through at the time. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: They did a double stripe on Elm Pass all the way out. JUDGE TINLEY: Okay. Okay. Any other question or discussion? COMMISSIONER OEHLER: Have you been on Elm Pass? COMMISSIONER WILLIAMS: Pardon? COMMISSIONER OEHLER: Have you been on Elm Pass? COMMISSIONER WILLIAMS: Yes, sir, last week. COMMISSIONER OEHLER: Just checking. JUDGE TINLEY: All in favor of the motion, signify by raising your right hand. 1-28-08 124 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Do we have any budget amendments? MS. HARGIS: No. No, sir, we're going to do those once a month. You'll see them next month on the 11th for the January ones. JUDGE TINLEY: Okay. Any late bills? MS. HARGIS: No. JUDGE TINLEY: I've been presented with monthly reports for the Emergency Service District Number 2. Do I hear a motion to approve that report as presented? COMMISSIONER LETZ: So moved. COMMISSIONER OEHLER: So moved -- second. JUDGE TINLEY: Motion made and seconded for approval of the monthly report for Emergency Service District Number 2 as presented. 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. Reports from Commissioners? COMMISSIONER BALDWIN: No. 1-28-08 125 1 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. COMMISSIONER WILLIAMS: Two? Yeah, just a quickie or two, Judge. AACOG Distance Learning program that's being set up out at the Kerr County Sheriff's Office is now really functional, and there's some free peace officer training topics. So, I just wanted to let you know that's going on, and it's being well received. And there are participants, and it's two-way. They can interact with the instructor back and forth, and it's working real well. Had some problems getting that thing up, but it's working beautifully right now. And then the other thing has to do with just a quick note for the Court's benefit. You may recall, we had this some blanket authorizations for their purposes. There was an article in the Express News having to do with "Troubled Agency May Get Help From AACOG." That's probably a little premature. In terms of help, what was discussed at the AACOG Board meeting last week was the possibility of -- of entering into a contract with former AACOG Executive Director Al Notzon to go down and do an absolute total assessment of that agency, the scope and breadth of their problems, and his recommendations as to what it would take perhaps to correct that. For that article to suggest that AACOG is going to 1-28-08 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 take over their programs is very premature. So, what we ended up doing was approving, upon a request -- formal request from the Community Services folks down in Seguin for that type of an assessment by Mr. Notzon, to approve doing it. But it's not going to happen very quickly, and there's not a lot of great anticipation on the part of the Board we're going to take that agency over. F.Y.I. JUDGE TINLEY: Okay. Anything else? COMMISSIONER WILLIAMS: No, sir. COMMISSIONER LETZ: Couple things. Here's -- I want to hand out a brochure from the Texas Forest Service about outdoor burning. I think I forwarded one to Rex. If not, I will. I meant to. It has a -- it's a combination of the law, the penalties, guidance. It's the whole bit about outdoor burning, and it's pretty informative. I think we'll probably put this on our web site. It kind of goes over a lot of -- well, the whole ball of wax. Also, the Texas Forest Service has agreed to come over to the courthouse yard and give our maintenance crew advice on tree trimming, their expertise in that area. (Commissioner Baldwin returned to the courtroom.) COMMISSIONER LETZ: And then the other item I have is, in late January we discussed putting together a committee for looking at the jail situation, and I was supposed to put that back on the agenda for us to make the appointments in 1-ZS-os 127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 early January. I forgot to do it, so I'm going to put it on our next agenda. You may want to come up -- each come up with a name to put on that committee to look at the long-term jail issues for the county. COMMISSIONER WILLIAMS: This is really good. You're suggesting that it goes in as an attachment on our web site? COMMISSIONER LETZ: Yes. COMMISSIONER WILLIAMS: I think that's great. COMMISSIONER LETZ: I'm visiting with John, and probably a couple of those items I want to highlight even more as well. But it kind of -- it's a -- covers everything, really, in one brochure, and I think it's pretty good. COMMISSIONER WILLIAMS: Very good. COMMISSIONER LETZ: That's it. COMMISSIONER OEHLER: Let me see. Liaison duties, Environmental Health has been involved in getting some problems resolved in various places, one being the Ingram school, and I think they're still working. And I believe it's waiting for an approval now. Camp Verde Store is another one. And they have also had a few installers that have not been wanting to conform to turning their paperwork in timely on previous jobs, and they have not been allowed to get another permit to construct until those items are resolved, and that is working well. i-zs-os 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Sure it would. COMMISSIONER OEHLER: It's amazing how quickly they can bring those documents in whenever they know they can't go to work without them. And that's -- I think that's a real plus. COMMISSIONER WILLIAMS: I think that's a real good plan. One of those issues is in Precinct 2 right now. COMMISSIONER OEHLER: Yeah, and it's just -- and something -- we've had an instance where it's been a couple of installers that may have started a project without a permit, and were reported, and have been issued a warning, a one-warning-only citation. And I don't believe if they -- if it happens again, they know what the consequences are. Animal Control had a busted water line last week during the cold weather, during the stock show time, and called for repair, and supposed to be fixed. It was not, so we may have a big water bill from that next month, because it was -- it was not fixed timely by people that are under contract by the hour to do those things for us. And we need to stay on top of those kind of things to make sure if they're going to do this work for the County, they need to be responsible, especially when we have an emergency. COMMISSIONER LETZ: Did we ask for a reduction in our bill? COMMISSIONER OEHLER: I think we should. 1-28-08 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: I think we should, too. JUDGE TINLEY: There's already been communication to that contractor that -- that that was not an acceptable situation. So, the setup is there to -- if we take a look and it's a pretty big hickey, some sort of a charge back, possibly. COMMISSIONER OEHLER: Evidently, it was bad enough to where they could still have water in the Animal Shelter to feed and water, but there was more water being pumped into the ground than on top of the ground through the main line that enters the property on the opposite side of the feeder from where it goes round and round. So, you know, that didn't get fixed in a timely manner. I think it -- I know it's been fixed now, but just one of those things. The Ag Barn, of course, we were out there for stock show. I don't know; I think that's probably enough. JUDGE TINLEY: Okay. Any report from elected officials? MR. EMERSON: Just a quick comment. Many of you may know Ron Bowen, active member of St. Peter's Church, owns Church's Chicken in four different counties, he died of unknown causes Saturday. My understanding is they're doing an autopsy, and funeral arrangements are yet to be made. COMMISSIONER BALDWIN: How old a fellow was he? MR. EMERSON: 45. 1-28-08 130 1 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: Oh. JUDGE TINLEY: About your age. COMMISSIONER BALDWIN: About my age. That's young. COMMISSIONER OEHLER: Beyond your age -- little before your age. JUDGE TINLEY: Okay. Is that it? At this time, we will go out of open or public session -- it's 11:59 -- to go into executive or closed session for the items we have to consider there. (The open session was closed at 11:59 a.m., and an executive session was held, the transcript of which is contained in a separate document.) JUDGE TINLEY: Does any member of the Court have anything to offer as a result of the matters discussed in executive session? COMMISSIONER BALDWIN: Are you kidding? (Laughter.) COMMISSIONER WILLIAMS: Just thought he'd ask. JUDGE TINLEY: Anything else, gentlemen? We'll be adjourned. (Commissioners Court adjourned at 12:26 p.m.) i-zs-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 25 131 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 1st day of February, I 2008 . JANNETT PIEPER, Kerr County Clerk BY . , ~ ~~ - ---- Kathy nik, Deputy County Clerk Certified Shorthand Reporter 1-28-08 ORDER NO. 30702 DECLINATION IN KERR COUNTY HEALTH BENEFITS PROGRAM AND RETIREES PREMIUMS FOR PARTICIPATION Came to be heard this the 28th day of January, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously approved by vote of 3-0-0 to: Approve tying the 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. ORDER NO. 30703 YOUTH EXHIBIT CENTER RENTAL BY ST. PETER'S SCHOOL Came to be heard this the 28th day of January, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve adding St. Peter's School to the Non-Profit list, to receive the same base rate at no charge, with all other charges to remain applicable, for rental of the Youth Exhibit Center for the "St. Peter's Spring Fling" on May 1, 2008. ORDER NO. 30704 REVISION OF INFAMOUS 1169 AND SET PUBLIC HEARING Came to be heard this the 28th day of January, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously approved by vote of 3-0-0 to: Waive all OSSF fees and all fees that come out of the Road & Bridge Department for the review, but will be required to pay the fees to the County Clerk's Office for recording, and set a Public Hearing for Monday, March 10, 2008 at 10:00 a.m. ORDER NO. 30705 REVISE INFAMOUS 1169-RELEASE LETTER OF CREDIT Came to be heard this the 28th day of January, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously approved by vote of 4-0-0 to: Release the Letter of Credit effective immediately. ORDER NO. 30706 REVISION OF PLAT FOR LOTS 14KR & 15, FALLING WATER Came to be heard this the 28th day of January, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to: Approve the revision of Plat for Lots 14KR & 15, Falling Water, Vol. 6, Page 300- 306, Precinct 3. ORDER NO. 30707 ROAD & BRIDGE VEHICLE POLICY Came to be heard this the 28th day of January, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to: Approve the Policy with the addition that Commissioner Williams stated to add a third bullet point that says, "commuting to/from work unless assigned the use of a county vehicle, which specifically prohibits commuting under any circumstances, unless he's an assigned, authorized individual with a vehicle, and any change in the Policy needs to come back to the Court. ORDER NO. 30708 UTILIZATION OF UNION CHURCH BY KERB COUNTY YMCA Came to be heard this the 28th day of January, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Authorize 50% reduction in the rental rate for the Kerr County YMCA to utilize the Union Church Building. ORDER NO.30709 APPOINTMENT OF BUD FAWCETT TO ESD # 1 AND REAPPOINTMENT OF JOHNNIE HAWKINS Came to be heard this the 28th day of January, 2008, with a motion made by Commissioner Oehler, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Appoint Bud Fawcett as a new member to ESD # 1 and reappoint Johnnie Hawkins, both for 2 year terms. ORDER NO. 30710 ANNUAL MAINTENANCE AGREEMENT WITH ABA MORIAH CORPORATION FOR TAX OFFICE PRINTER Came to be heard this the 28th day of January, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the annual Maintenance Agreement with ABA Moriah Corporation for the Printonix P5209 Printer located in the Tax Office. ORDER NO. 30711 ANNUAL RACIAL PROFILING REPORT FOR FISCAL YEAR 2007 FOR PRECINCT 1 Came to be heard this the 28th day of January, 2008, with a motion made by Commissioner Baldwin, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to: Accept the annual Racial Profiling Report for fiscal year 2007 from Constable John Lavender, Precinct 1. ORDER NO. 30712 CAPITAL PROJECTS PRELIMINARY LIST FOR CAPITAL IMPROVEMENT LOAN Came to be heard this the 28th day of January, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Accept the Capital Improvement Loan amount at $1,750,000, and the proceeds will cover capital items and equipment. ORDER NO. 30713 PARTICIPATION IN TEXPOOL AND DESIGNATING AUTHORIZED REPRESENTATIVE Came to be heard this the 28th day of January, 2008, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Participate and authorize the Resolution upon joint authorization of the Treasurer and the Auditor. ORDER NO. 30714 CLAIMS AND ACCOUNTS Came to be heard this the 28th day of January, 2008, came to be considered by the Court various Commissioners Precincts, which said Claims and Accounts are: Accounts Expense 10-General $ 178,139.79 14-Fire Protection $ 664.95 15-Road & Bridge $ 164,258.55 18-County Law Library $ 3,396.82 28-Records Mgmt & Preservation $ 11,785.16 50-Indigent Health Care $ 17,124.36 76-Juv Detention Facility $ 672.83 TOTAL $ 376,042.46 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. 30715 MONTHLY REPORTS Came to be heard this the 28th day of January, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by vote of 4-0-0 the following monthly reports: Emergency Service District #2