1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 KERR COUNTY COMMISSIONERS COURT Regular Session Monday, November 10, 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 C~O --._.. 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X November 10, 2008 Dnr_~ --- Commissioners' Comments 5 Consider/discuss, take appropriate action to renew agreement with Kerr County Market Days for 2009 8 Presentation by Kevin Stanton, Administrator of Kerr County Juvenile Detention Facility, on FY 07-08 operations and performance audit/ review and TJPC performance audit/review 14 1.3 Consider/discuss, take appropriate action to approve contract between Kerr County Juvenile Detention Facility and Suzanne Edwards, R.N., to provide medical services to juveniles 22 Consider/discuss, take appropriate action to approve transfer of automobile from Juvenile Detention Facility to Juvenile Probation Department 26 1.5 Consider/discuss, take appropriate action to adopt and certify Kerr County plan provision for Plan year 2009 with Texas County & District Retirement System 28 Consider/discuss, take appropriate action to reappoint Patrice Dorries to Alamo Area Senior Advisory Committee effective January 1, 2009; forward appropriate notification to AACOG 29 1.7 Consider/discuss, take appropriate action to authorize use of Flat Rock Lake Park as follows: Veterans of Foreign Wars, May 22-24, 2009, for a BBQ cookoff; American Legion Post 208, April 10-12, 2009, for Easter festival and chili cookoff 31 1.8 Consider/discuss, take appropriate action to approve "Agreement for Termination" of all existing agreements between Kerr County and UGRA for the ownership, maintenance & operation of Kerrville South Wastewater System, Phases I, II, and III; accept UGRA's payment of $25,000 matching funds for construction of Phase IV; and transfer of Phase IV assets to the City of Kerrville upon completion of construction 33 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) November 10, 2008 1.9 Consider/discuss, take appropriate action to participate in Participant Statistical Areas Program (PSAP) Criteria for the 2010 census and beyond; contract with AACOG to perform this work 1.10 Presentation of documents, information and process relating to Texas Water Development Board grant for Facilities Planning for Center Point/Eastern Kerr County Wastewater Project 1.11 Public Hearing concerning the Final Revision of Plat for Lots 46-A & 47-A of Cypress Springs Estates, Phase I, Precinct 4 1.12 Consider/discuss, take appropriate action to review and acknowledge receipt of the Annual Commissary Audit to ensure compliance with Chapter 351.0415, Local Government Code 41, 74 50 60 1.13 Consider/discuss, take appropriate action to approve contracts with K'Star, Hill Country CASA, Hunt VFD, Ingram VFD, Mountain Home VFD, & Tierra Linda VFD; allow County Judge to sign same 61 1.17 Consider/discuss, take appropriate action to enter into interlocal agreement with City of Kerrville and/or designate alternate individual(s) to approve floodplain permits or other floodplain authorizations in the absence or unavailability of regularly designated County Floodplain Administrator 62, 76 1.14 Consider/discuss, take appropriate action to appoint a Safety Committee 71 1.15 Consider/discuss, take appropriate action on proposed site plan for Hill County Youth Exhibit Center and surrounding property -- 4.1 Pay Bills 80 4.4 Approve and Accept Monthly Reports 81 1.16 Consider/discuss, take appropriate action on Road and Bridge acquiring maintenance yard (Executive Session) 86 --- Adjourned 87 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, November 10, 2008, at 9:00 a.m., a regular meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE TINLEY: Good morning, ladies and gentlemen. Let me call to order this regularly scheduled meeting of the Kerr County Commissioners Court posted and scheduled for this time and date, Monday, November the 10th, 2008, at 9 a.m. It is that time now. Commissioner Williams? COMMISSIONER WILLIAMS: Will you please rise and join me in a moment of prayer, followed by the pledge of allegiance to our flag? (Prayer and pledge of allegiance.) JUDGE TINLEY: Thank you. At this time, if there's any member of the public or the audience that wishes to be heard on any matter that is not a listed agenda item, now is your opportunity to come forward and tell us what's on your mind. If you wish to be heard on a listed agenda item, we would prefer that you fill out a participation form. They're located at the back of the room. That puts me on notice that there's someone that wishes to be heard on that particular item, and hopefully not go through that item hurriedly without giving them that opportunity. But if you want to be 11-10-08 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 heard on an agenda item, as it comes up, if you've not filed a articipation form, that's fine .too. Just get my attention p in some manner and I'll give you that opportunity. But right now, if there's any member of the public that wishes to be heard on any matter that is not a listed agenda item, come forward at this time. Seeing no one coming forward, we will move on. Commissioner Williams, what do you have for us this ~ morning? COMMISSIONER WILLIAMS: Judge, I had a unique experience over the weekend. I had an opportunity to go to Austin and see how very wealthy Texas Longhorns celebrate their team's football victories in the state. I was just telling Commissioner Baldwin, it was almost a surreal experience. And I didn't expect any miracles, and there were no miracles that happened, but it was a fun day. That was in the new North End Zone, where the Texas wealthy meet and greet. Other than that, there was nothing that was notable. Remainder of the weekend was pretty calm. COMMISSIONER LETZ: Quite a stadium. COMMISSIONER WILLIAMS: Unbelievable. It's absolutely -- COMMISSIONER LETZ: Or monument, I should say. COMMISSIONER WILLIAMS: Monument to football, yeah. It was great. JUDGE TINLEY: Anything else? ii-io-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 COMMISSIONER WILLIAMS: No, sir. JUDGE TINLEY: Commissioner Letz? COMMISSIONER LETZ: I really don't have -- I'll relate a quick story which is -- kind of ties right into that. My little nephew is, I guess, a student trainer, '~ assistant for the baseball team and also for the football team, but spends a lot of time in the weight room, and he has been helping spot and work out with an older gentleman who -- he didn't have a clue who he was. Turns out it was Darrell Royal. He and Darrell have become quite good friends. COMMISSIONER WILLIAMS: Name's all over that ~ building. COMMISSIONER LETZ: But other than that, no comments. COMMISSIONER BALDWIN: That's pretty funny. MR. OEHLER: Well, the other side of the world from Austin is Lubbock. COMMISSIONER WILLIAMS: Yeah. MR. OEHLER: And Tech is just doing very well, and hopefully they can get by Oklahoma. They may -- and if they can beat Baylor after that, -- COMMISSIONER WILLIAMS: Shouldn't be a problem. MR. OEHLER: -- possibly Missouri or whoever after that for the Big 12, I believe they'll play for the national championship. Pretty good news. 11-10-08 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 LETZ: Yeah, it is. COMMISSIONER OEHLER: Big news for that part of the world. I mean, that -- my wife is very much a Tech fan, and so it makes me very much of a Tech fan. COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: Windy day doesn't bother them when they come to play, does it? COMMISSIONER OEHLER: No, I think they're pretty used to that. JUDGE TINLEY: Anything else? MR. OEHLER: Not even a cold norther blowing in would hurt them. That's it. JUDGE TINLEY: Commissioner Baldwin? COMMISSIONER BALDWIN: I wouldn't bet an R.C. and a moon pie against Oklahoma, though, I can tell you right now. That's going to be a -- they hit you right in the mouth. All I had is, I talked to Leonard Odom this morning from his hospital bed. He had a five-bypass open heart surgery, and he indicated to me he's kind of ready -- I said, "Well, what's your status? When are you getting back to work?" And he -- he said he was trying to get out of there today. He's waiting on -- waiting on his doctor. No, I think a couple of months he's going to be laid up. He had a rough time. He had a rough time, so I told him that I would tell you all about him, and that -- that we would lift him up in our ii-io-os 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 prayers and -- and take care of him in that way. So, anyway, I don't know how long he's going to be in there, and he didn't know. He's at Texsan Heart Hospital in San Antonio. So, anyway, that's all I have. JUDGE TINLEY: Well, that's -- all in all, things are positive about his chances for a normal life after he convalesces, and everything's going to be okay? COMMISSIONER BALDWIN: Yes, sir. JUDGE TINLEY: Wonderful. Glad to hear that. Of course, we have -- we got able leadership out there to keep that operation going. He's got that thing structured where it just runs like a Swiss watch. COMMISSIONER BALDWIN: We talked about that, how neat it was to -- he really doesn't have to worry about that thing, that that machine will run on its own, and -- JUDGE TINLEY: Kind of on autopilot. COMMISSIONER BALDWIN: It is kind of -- that's neat . JUDGE TINLEY: Let's get on with our business, if we might. We'll go to the 9 a.m. item -- it is a bit past that now -- to consider, discuss, and take appropriate action to renew the agreement with the Kerr County Market Days for 2009. Ms. LuAnn Anderson, president of Market Days, is here, and glad to have you here, Ms. Anderson. MS. ANDERSON: Thank you very much. Good morning 11-10-08 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 to you all. It's a pleasure to once again to come down and visit with you. We're here this morning to ask for your permission for the eighth year of Kerr County Market Days. Commissioner Baldwin was just saying, it seems like it was just yesterday, and sometimes it does. Sometimes it seems like it's been a bit longer when we think about how far we've come from -- from that first day. JUDGE TINLEY: Maybe it seems like yesterday from 'cause you've been doing all the work. MS. ANDERSON: Well, it's been a good time. It's been a very good time. We've been really blessed with all the people we've gotten to know and work with through this, and we've been extremely fortunate to have had a part in it. This year has been our most successful year ever. And I never thought that I would stand here and say that, considering fuel prices especially, and some of the other economic conditions that we've faced. But we started with the best opening day we have ever had last March. Things slumped a bit during the summer when those fuel prices were at their height, and then as we have come into the fall, things have picked up again. So, our vendor participation has remained pretty level despite a little drop-off during the summer. We don't have an actual count of how many people come to visit us -- excuse me -- but it's just our estimate 11-10-08 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 that our crowds have shown an increase, and we're guessing now that we run about an average of 1,200, 1,300 people per ', market, as opposed to about that 1,000 level that we've held As usual, we're always looking for ways to grow and improve. So, this year our request for our eighth season has one change, and that is to take our Thanksgiving market and add the Friday date to be a part of that market. Since the courthouse will be closed, that gives us that -- that opportunity. The Memorial Day event being two days has been extremely successful. It's very popular with our vendors. Our vendors have indicated to us that they would be delighted to have a two-day market over Thanksgiving, so just that one change that we're asking for for the coming year. We continue to have good participation with our local nonprofits. We think we've been able to help a few of those folks through the year. It gives an opportunity for them to appeal to the community. They tell us it's a very successful venue for their efforts, and we'd like to go forward with the next year, and we ask for your approval. Be happy to answer any questions that I can. COMMISSIONER BALDWIN: Do you have any conflicts at all with other folks that -- other programs that want to use the -- use the courthouse square on the same day, or does anybody ever come in while you're set up and want to set up 11-10-08 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 11 something? And -- and I think the key is knowing in advance who wants to be there. MS. ANDERSON: Of course, we have the Kiwanis Club which does their mop and broom sale out there, and that is very, very successful. I think this coming market will be another example. We're working with the parade and lighting committee to have a joint event, and so it's -- it's just been completely smooth. COMMISSIONER BALDWIN: Good deal. Good. ~i '~, COMMISSIONER WILLIAMS: LuAnn, was it this year -- this past year you started the Memorial Day weekend, or has it been about two years since you started doing that? MS. ANDERSON: Two years. COMMISSIONER WILLIAMS: Two years. How has that worked out for you in terms of being open while the Texas State Arts and Crafts Fair is in session? ~ MS. ANDERSON: We think it's a very synergistic ~~ effect. We get lots of people who have been out to the state event, and then they come here. We get people who come here, and we're able to direct them to continue and -- and visit the state event. Also, the master -- Masters of Fine Arts that set up the event out at the Y.O., we're working closely with them, and may do some joint advertising in the metroplex next year. So, we think it's extremely beneficial to us. It seems, with multiple events occurring either in Kerrville or 11-10-08 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 in this area, that we just -- we just see everything blossom. COMMISSIONER WILLIAMS: Thank you. JUDGE TINLEY: Commissioner Baldwin, I periodically field requests from various organizations, most of them nonprofit type, and about utilizing the courthouse grounds on a particular weekend for some sort of an event. And in those cases in which their -- their request to use the grounds falls on Market Days -- COMMISSIONER BALDWIN: Mm-hmm. JUDGE TINLEY: -- date, I refer them to i Ms. Anderson. They get it worked out. As long as there's I~ communication up front, I'm -- I've not been aware of a I I single problem; it always gets worked out. COMMISSIONER WILLIAMS: I think I've seen y'all ', here with the Veterans program at the same time, and it was fantastic. JUDGE TINLEY: Mm-hmm. COMMISSIONER BALDWIN: Yeah, great. Well, Judge, I'd like to move that we approve this agreement, the new agreement that includes two days, if Jody says there's nobody in here already on Friday. Is Jody saying that? COMMISSIONER LETZ: Yeah. MS. GRINSTEAD: Yes. COMMISSIONER BALDWIN: Thank you so much. MR. OEHLER: I second your motion. 11-10-08 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Motion made and seconded to approve the '09 market schedule agreement and dates. Further question or discussion on that motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) '~ JUDGE TINLEY: The motion carries. Thank you, Ms. Anderson. II MS. ANDERSON: Thank you very much. ~I ~ JUDGE TINLEY: Appreciate your work. MS. ANDERSON: Let me extend an invitation to all of to you come by on the 22nd. Right now we have some live entertainment that will be a part of the market. Also be some live entertainment down at the star. In the market, we have confirmed at this point, assuming weather doesn't go bad on us, the Schreiner women's ensemble, Peterson Middle school choir, Trinity Baptist Church choir, and the Dietert line dancers. So, we're looking for a super day, and we'll be giving away 2,000 candy canes. COMMISSIONER BALDWIN: Wow. MS. ANDERSON: So, thank you very much. MR. OEHLER: Thank you. JUDGE TINLEY: Sounds like a fun day. COMMISSIONER WILLIAMS: Yeah. 11-10-08 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 JUDGE TINLEY: Let's move on to Item 2, if we might, a presentation by Kevin Stanton, administrator of the Kerr County Juvenile Detention Facility, on the FY '07-'08 operations at the facility, and also the performance audit and review by the Texas Juvenile Probation Commission. MR. STANTON: Good morning. MR. OEHLER: Good morning. JUDGE TINLEY: Morning. MR. STANTON: I guess we'll start with the bad news. Bad news is we went $70 over budget last year. i COMMISSIONER WILLIAMS: What? ii COMMISSIONER BALDWIN: How much? MR. STANTON: $70. COMMISSIONER WILLIAMS: $70. COMMISSIONER BALDWIN: Got to get rid of this guy. MR. STANTON: And we promise we're going to try to do better this year. ~ COMMISSIONER BALDWIN: Doing better makes it less, ~ not up . MR. STANTON: The good news is that our revenues were $48,910 over what we proposed or budgeted for last year. COMMISSIONER BALDWIN: My gosh. MR. STANTON: So -- JUDGE TINLEY: That ought to cover the 70, right? COMMISSIONER BALDWIN: Yeah. 11-lo-os 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. STANTON: And the 48,900 was all kids. It wasn't state grants, ad valorem taxes, interest, anything like that. It was all related to the number of kids that we held in the facility. We averaged 340 billable days for the year. We have right now, for the '07-'08, budget year, we've still got $12,420 outstanding that -- of the counties that we're still trying to collect from other counties. JUDGE TINLEY: So, you're looking at $60,000 positive? MR. STANTON: No, sir. The 48 -- the 12,000 is added into the 48,000. JUDGE TINLEY: Okay. That includes the accruables? I MR. STANTON: Yes, sir. j JUDGE TINLEY: Okay. MR. STANTON: About 75 to 80 percent of it is owed to us by one county, and we're working with Mr. Emerson on trying to collect that -- that money. I don't see it's going to be a problem. I think we'll be able to do it. But we -- for '07-'08, we averaged about 13 kids a day out at the facility. I've got it broke down -- if y'all are interested, I've got it broke down by the month, how we -- how much each county -- how much each county paid us, and the breakdown for each month. JUDGE TINLEY: Haven't we had one or two counties that have kind of come on stream within the last year or so, 11-10-08 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 utilizing our facility? MR. STANTON: Yes, sir. We're getting a lot -- a lot more kids from Gillespie County, and also from -- Gillespie County's the biggest, Gillespie and Burnet County. I mean, those are the two that we've really seen an increase from recently. Of course, Kerr County's our biggest contributor. Uvalde has kept us pretty busy. We seem to get a lot of the really, I guess, hardcore kids from Maverick County. We get a lot of their kids that get kicked out of different facilities for some reason or another, and they end up sending them to us, and we deal with them for a little while. We seem to get a lot of kids from Maverick County that are on their last step getting ready to go to T.Y.C., and we get them for about a month while they're waiting to go to T.Y.C. in different circumstances like that. So... COMMISSIONER BALDWIN: Is Maverick County one of the counties that we're having a hard time getting money from? MR. STANTON: No, sir. No -- oh, no, I'm sorry. Yes, sir, it is. That's who -- that's who owes us, yeah. Yeah, they owe us a little over $8,000. JUDGE TINLEY: But the good news is, this is a new year and there's a fresh load of money? MR. STANTON: Well, the good news is, we broke our record for a single month. We -- we billed out over $48,000 ii-io-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 17 last month, which is more than we've ever billed out before in a single month. COMMISSIONER WILLIAMS: What's your average daily census, Kevin? MR. STANTON: Well, for the last year, it was -- it was in between 12 and 13, 12 and a half -- 12.89 kids or something like that. So, right now -- last month it was right at 16 for the whole month. It really fluctuates. I mean, it's a whole lot easier to go by the billable days, because last year we actually had fewer kids. We had three -- three fewer kids for the total year than we did the previous year, but our billable days was way -- a lot higher, so we're seeing a trend where we're keeping kids for extended periods of time, a lot longer than they were before. So ... JUDGE TINLEY: Any particular issues or matters out there that you need the Court's help on, or is everything going pretty much according to Hoyle? MR. STANTON: I think everything's going really well. I mean, last year one of our big -- our problems with why we were over budget was the fact that we had some unusual FMLA's where people were out on FMLA for different reasons for extended periods. Unfortunately, we've got the same thing going on now. We've got a lady that was out on FMLA that had surgery, and then she developed complications, and now we're finding out she's going to be out a little bit 11-10-08 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 longer than we had planned or hoped. So -- but that's -- that's really stuff that you .can't really plan for. I mean, it's the kind of stuff you have to go and -- and just take care of as it goes. But other than that, I mean, the staff -- the staff is very motivated, and everything's going really well. JUDGE TINLEY: And your -- your staff problems have kind of leveled out and you're able to keep that pretty stable? MR. STANTON: Yes, sir. I think we had two people -- two or three people resign for the year last year, and hopefully this year we won't have anybody, is our goal. But I tell my staff that -- you know, that I don't want to stand in their way. If they feel like they can better themselves someplace else or do a better job somewhere else or make more money somewhere else, then, you know, I'm 100 percent behind them, and I'll do whatever I can to help them. COMMISSIONER BALDWIN: Send them to Rusty. Speaking of Rusty, how is -- how's the meal thing working? Is that a pretty smooth transition? MR. STANTON: I think it's going really well. We -- we really don't have any issues with that. The school district still provides us free breakfast and free lunch when they're in session. Other than that, we're getting our meals from the Sheriff's Department, and that's working out great. 11-10-08 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 COMMISSIONER BALDWIN: Super. MR. STANTON: We haven't had any real issues, and we appreciate everything the Sheriff's Department does for i us. COMMISSIONER LETZ: Kevin, would you say about 30 percent of the revenue is coming from other counties? Is that the -- about where it has been in prior years, or is it up a little? MR. STANTON: It's up a little bit. Prior years, it was more in the 20 to 23 percent. We're seeing a -- a larger portion. I mean, Kerr County's increasing also, the amount of kids that they're putting in, but we're also getting more kids from other counties also. So -- and the funny thing with out-of-county kids, those are the kids we seem to be holding for longer periods of time. COMMISSIONER LETZ: And the -- the rate that we're charging is at least covering our expenses? We're not subsidizing that, correct? MR. STANTON: Yes, sir. In fact, I mean, we might want to look at, come next year, increasing our daily rate. That's something we're really going to have to look into, 'cause we're one of the lower -- I mean, we're on the low end of our daily rates, and I think that might be one of the reasons that we get a lot more out-of-county kids than other facilities. 11-10-08 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 20 JUDGE TINLEY: What have other comparable facilities gone to? My understanding going into last year was that we were about average or norm. MR. STANTON: Right. We're -- we're anywhere from $5 to $8 below most others. Hays County is charging, last I heard, somewhere in the $95 to $97 a day range. There's some counties -- Atascosa County is charging other counties over $100 a day. COMMISSIONER WILLIAMS: What are we doing right now? MR. STANTON: We're at $90. COMMISSIONER WILLIAMS: $90? COMMISSIONER LETZ: What do we estimate our costs are per kid? MR. STANTON: I don't have that figure off the top I, of my head. I could find it out for you, but I'm not real sure. COMMISSIONER LETZ: We kind of -- we're basically staffing it at the same level, so, you know, any way you look at it, we're making money. MR. STANTON: Yeah, we are. COMMISSIONER WILLIAMS: We're staffing for 24; might as well take 24 in. MR. STANTON: We've staffed -- right now we're staffed at the minimum and the maximum that we can -- we can ii-io-os 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 staff it at. I mean, we -- with male/female ratios, we're staffed at the minimum we can, and if we get up to 25 kids, we're staffed to hold at least that many. So -- COMMISSIONER LETZ: Yeah. Looks good. JUDGE TINLEY: Okay. Let's talk about your T.Y.C. MR. STANTON: T J.P.C.? T.J.P.C. came in and did a -- JUDGE TINLEY: Excuse me, T.J.P.C. MR. STANTON: That's all right. We're hoping T.Y.C. comes out. COMMISSIONER WILLIAMS: But in the big box. MR. STANTON: Right, in the other box. T.J.P.C. came out last month and did a site inspection on our facility. They graded us on 12 different standards. Eleven out of the 12, we scored 100 percent on. One standard relating to one individual part-timer -- it's one of those i ones where it's either an all or nothing type thing, and so we got a nothing on that one standard due to the fact that we had one of our part-timers that had gone past the 180-day threshold for being certified. And the issue with that was that we hired her, we got about 60 percent of her training done, and then she went on a four-month vacation -- or not four-month, four-week vacation. And then once she came back, we didn't get to finish doing all of her training within the 180 days. What that means is that she can't -- as a ii-io-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 22 part-timer, she can't have any contact with the kids until we get her certification done. So, what we've done is moved her into the control room at this point, and we're waiting for her fingerprints to come back from D.P.S. Once her fingerprints come back from D.P.S., she'll be certified to work as a JDO. JUDGE TINLEY: It was a good performance evaluation. By law, I get a copy of it, and I was very, very pleased. When I saw that the one instance, the one glitch where there were those extenuating circumstances, and that -- that gap that she took, why, had that not occurred, why, her training program would have progressed and there wouldn't have been that problem. But it turns out it didn't, but he's going to get it corrected and the issue will be resolved, and away we go. But otherwise, 100 percent. Appreciate it. COMMISSIONER WILLIAMS: Eleven out of 12, not bad. JUDGE TINLEY: Yeah, that's pretty good. COMMISSIONER WILLIAMS: Thank you, Kevin. MR. STANTON: No problem, sir. JUDGE TINLEY: Any other questions for Mr. Stanton? Thank you a bunch. We appreciate the work you do. MR. STANTON: No problem, sir. Thank you. JUDGE TINLEY: Okay. Let's move on, if we might. Consider, discuss, and take appropriate action to approve contract between the Kerr County Juvenile Detention Facility 11-10-08 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 and Suzanne Edwards, registered nurse, to provide medical ', services to juveniles at the facility. MR. STANTON: That is actually two -- I didn't make extra copies of the contract. That's actually two copies of the same contract y'all are looking at. Mr. Emerson's viewed it. It's the same contract that we've used with our other nurses. Doctor -- or not doctor. Nurse Edwards is a nurse that we had at the facility prior to this past year. We've kind of tried something a little different, going outside, and it was -- it was a good and bad situation as far as our nurses last year. And so I think we're going to go back and try doctor -- Suzanne is also the R.N. for Dr. Meriwether, who is our facility doctor, so we'll have a direct line in with the doctor again. And we're asking that the Court approve the contract for services with -- with the nurse, Nurse Edwards. JUDGE TINLEY: Any problems with the agreement as you see it, Mr. Emerson? MR. EMERSON: No, sir. COMMISSIONER WILLIAMS: Fees stay the same? MR. STANTON: No, sir, that's the big difference. That's the reason we lost Ms. Edwards to begin with last year. She -- we were paying -- we were paying on an hourly rate this past year, and the amount of money that we paid for our nurses last year was right at $7,500 for the whole year. 11-10-08 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 24 Nurse Edwards has agreed to come back if we can pay her a -- such as a salary position. She's agreed to come out to the facility at least two to three times a week, but she wants to be paid $500 a month. Which, if you take the 500 and figure it on out, it's actually less than what we paid our nurses last year for coming out to the facility. So, that's the -- really, the big difference is that she wants to be paid a certain amount each month. COMMISSIONER BALDWIN: So, that's less than -- that's less than we paid our nurses -- MR. STANTON: Yeah. COMMISSIONER BALDWIN: -- last year? MR. STANTON: Yes, sir. COMMISSIONER BALDWIN: That would be -- that "s" on the end of it means to me there's more than one. MR. STANTON: We had two nurses that we contracted with last year that were on -- kind of like an on-call situation. We had Nurse Burkett, who was our main nurse. Then we had Nurse Brown, who was the other nurse. When we couldn't get ahold of Ms. Burkett, we got ahold of Ms. Brown, and they kind of switched off as to which one came out to the facility and that kind of stuff. COMMISSIONER BALDWIN: I know Ms. Edwards. She has been a dedicated person to us. I mean, she's been -- she's been around that facility a long time. 11-10-08 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 MR. STANTON: Yes, sir. COMMISSIONER BALDWIN: And has come and gone and helped us at times, and I really appreciate her. I don't know what we want to do about this -- full-time employee? Is that what you're saying? MR. STANTON: No. No, sir. She would be a -- I think -- COMMISSIONER WILLIAMS: Contract employee. MS. HYDE: Contract employee. COMMISSIONER BALDWIN: Okay. MR. STANTON: Yes, sir. COMMISSIONER BALDWIN: That doesn't mean benefits '~I and things like that? I! MS. HYDE: No, sir. COMMISSIONER BALDWIN: Okay. JUDGE TINLEY: As opposed to paying her on an hourly or on a -- COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: -- per-call basis, she'll just be paid a flat $500 per month, and that's whether she spends 12 hours a month or one hour a month. COMMISSIONER BALDWIN: Yeah. ', COMMISSIONER WILLIAMS: Move approval of the III contract with Suzanne Edwards for nursing services to the Juvenile Detention Facility. ii-io-os 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 COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of the agreement as indicated. 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. Thank you, Mr. Stanton. MR. STANTON: On that -- on the last issue, though, the nurses that we currently have, Ms. Burkett and Ms. Brown, have agreed to act as backups if we do need them. If -- you know, as an on-call basis, to continue with the, you know, same hourly structure we had before. I hope that we don't -- that need doesn't arise, but we do have backup. COMMISSIONER WILLIAMS: If sickness gets in the way or things like that. MR. STANTON: Yes, sir. JUDGE TINLEY: Let's go to the next item; consider, discuss, and take appropriate action to approve the transfer of property from the Juvenile Detention Facility to the Juvenile Probation Department, that being an automobile. Mr. Stanton? MR. STANTON: Yes, sir. The van that we currently 11-10-08 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 have out at the facility is an eight-passenger van. It's a white van. It -- a lot of times we find ourselves in the need of being -- having to transport more kids than that to the -- up here to court and to different places at a single time. The Probation Department downstairs has a -- I guess it's a 15-passenger van. JUDGE TINLEY: 14 or 15. MR. STANTON: 14- or 15-passenger van. And they have agreed to trade us their van for our old -- our car, our little white car that we really weren't using very often, because it was so small that we didn't have any, really, need to transport kids in it. So, what we're asking is the Court to allow us to transfer our -- our vehicle -- our car to the Probation Department, and they will transfer their 15- or 14-passenger van to the Probation -- to the Detention Facility for us to use to transport kids. And that way, we'll have two vans out at the facility, and we won't have the car any longer. JUDGE TINLEY: The Juvenile Probation Department is very much in favor of this. Rather than use that big van to go make their home visits to the probationers during the evening, after curfew, to check up on those probationers, things of that nature, they really need an automobile, as opposed to a van. So, it's a win-win deal there. That's why they came up with the trade. 11-10-08 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Move approval. MR. OEHLER: 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: Motion does carry. Thank you, Mr. Stanton. MR. STANTON: Thank y'all very much. JUDGE TINLEY: We appreciate it. Let's move to Item 5, if we might. Consider, discuss, take appropriate action to adopt and certify Kerr County plan provision for plan year 2009 with the Texas County and District Retirement System. I put this on the agenda cooperatively with Ms. Hyde. What we have budgeted for -- insofar as our 2009 plan year with T.C.D.R.S. is what you see in your backup material. It includes CPI-based 50 percent COLA for retirees, and the 230 percent contribution rate by the County to apply to future deposits only. Those were the only changes we made budget-wise for this coming year. Of course, it does include the -- the life insurance component, and I believe there's an accidental death and dismemberment -- MS. HYDE: Yes, sir, both. 11-lo-os 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: -- rider that goes on that life insurance component. But it's essentially -- that is what we approved for budgetary purposes going into the 2009 plan year. COMMISSIONER WILLIAMS: What is described here in Proposed Plan 1, that's what's approved? JUDGE TINLEY: That's exactly it. COMMISSIONER WILLIAMS: Move approval of our contribution to T.C.D.R.S. as proposed. COMMISSIONER BALDWIN: Second. COMMISSIONER WILLIAMS: As budgeted. JUDGE TINLEY: We have a motion and a second for approval of the 2009 plan year proposal for T.C.D.R.S. Kerr County. Question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Let's move ~, to Item 6, if we might. Consider, discuss, and take appropriate action to reappoint Patrice Dorries to Alamo Area Senior Advisory Committee effective January 1, 2009, and forward appropriate notification to AACOG. Commissioner ~I Williams? COMMISSIONER WILLIAMS: Two vacancies, Judge, exist 11-10-08 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 on the -- from Kerr County for the Alamo Area Senior Advisory Committee -- I take that back. One vacancy exists. Ms. Dorries is currently there, is slated to become an officer, and has indicated her willingness to serve again. And we have one other vacancy which now was created by the resignation of Margie Jetton, and so we need to be looking for someone to fill that spot. One name has been submitted to me. There may be others that members of the Court wish to propose, or others wish to propose to us. We have time to do that, but it's important to get Ms. Dorries reappointed, and which I would move her reappointment. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Question or discussion on the motion? I might add that I happened to run into Ms. Dorries over the weekend, and mentioned to her that this agenda item was going to be before us today, and that I felt pretty strongly she'd get reappointed; to get ready to hitch it up again. She was happy to hear that. COMMISSIONER WILLIAMS: She's done a really good job for us. 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. ii-lo-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 31 (No response.) JUDGE TINLEY: The motion does carry. We'll go to Item 7; consider, discuss, and take appropriate action to authorize use of Flat Rock Lake Park as follows: Veterans of Foreign Wars for May 22nd through 24th of 2009 for a barbecue cook-off; and further, use by American Legion Post 208 April 10th through 12th, 2009, for the Easter festival and chili cook-off. Commissioner Williams? COMMISSIONER WILLIAMS: Both of these requests have come to me, Judge. The American Legion Post wants to reestablish the festival and the chili cook-off, and those dates are proposed as April 10 to 12. The Veterans of Foreign Wars, I have had their application on my desk for a little while, and that is for May 22 to May 24. They had suggested a couple dates. They had first suggested the Memorial Day weekend date, but that could put them in conflict with Texas State Arts and Crafts Fair for overflow parking, so they've readjusted their thinking, and they're now thinking about May 22 to 24 for a barbecue cook-off. Both good organizations; both do good community work. Move approval of their requests. MR. OEHLER: Second. JUDGE TINLEY: Motion made and seconded for approval. Question or discussion? COMMISSIONER LETZ: Question on the Easter one. 11-10-08 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 Isn't there -- COMMISSIONER WILLIAMS: Yeah. COMMISSIONER LETZ: -- a -- I can't even think of the gentleman's name that has done that Easter -- COMMISSIONER WILLIAMS: Karl Buckler used to do it. COMMISSIONER LETZ: Right. He's not doing it any I more? COMMISSIONER WILLIAMS: No, apparently they've given it up, and this group is now going to pick it up and reestablish it. ~' COMMISSIONER LETZ: Okay. COMMISSIONER BALDWIN: What are we approving here? COMMISSIONER WILLIAMS: Just the dates for use of the park. COMMISSIONER BALDWIN: Just -- what about the dog poo-poo? (Laughter.) COMMISSIONER WILLIAMS: If it's there, they got to live with it. COMMISSIONER BALDWIN: Okay. Did you get that? COMMISSIONER WILLIAMS: Either that, or it'll end up in the chili. THE CLERK: Oh. COMMISSIONER BALDWIN: Yeah, and that's -- that's it. I mean, we're not -- we don't charge anybody for the use of that facility? 11-10-08 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 COMMISSIONER WILLIAMS: No, we never have. COMMISSIONER BALDWIN: All right. JUDGE TINLEY: Got that resolved? COMMISSIONER WILLIAMS: Don't have anything else. JUDGE TINLEY: May 22 through 24 is not the Memorial Day weekend? COMMISSIONER WILLIAMS: No, it's the next weekend. JUDGE TINLEY: Okay. 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. COMMISSIONER WILLIAMS: I'll notify them both that the dates were approved. JUDGE TINLEY: Okay. Thank you, Commissioner. We'll go to Item 8; consider, discuss, and take appropriate action to approve an agreement for termination of all existing agreements between Kerr County and the Upper Guadalupe River Authority for the ownership, maintenance, and operation of the Kerrville South Wastewater System, Phases I, II, and III, accept U.G.R.A.'s payment of $25,000 matching funds for use in construction of Phase IV, and the transfer of Phase IV assets to the City of Kerrville upon completion 11-10-08 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 34 of construction. Commissioner Williams, I hope your explanation is shorter than the agenda item. COMMISSIONER WILLIAMS: I hope so too, Judge. I think I tried to get it all in there succinctly. I'm not going to review the history of all of this, but suffice it to say that U.G.R.A. has determined to allow the City to exercise the option that was in their agreement and take over the ownership of the existing Phases I, II, and III, and they're going to get out of being the middle man in the sewer -- in the Kerrville South sewer project. And so what this does is terminate all the outstanding agreements between the County and U.G.R.A. for Phases I, II, and III, and their participation in the middle. We're accepting their dollars which they've pledged to us for construction of Phase IV matching money, and when this is all completed, we'll execute a bill of sale or transfer of ownership to the City of Kerrville when Phase IV is completed. We'll talk at another time about the implications of this for future things we do, but this is what they want to do, and it's up to us to turn them loose. COMMISSIONER BALDWIN: Let's talk just a little bit about the future, though. COMMISSIONER WILLIAMS: Okay, sure. COMMISSIONER BALDWIN: It appears to me, just looking at it and listening to you, that this could possibly 11-10-08 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 35 be the last round. COMMISSIONER WILLIAMS: With? COMMISSIONER BALDWIN: Yes or no? COMMISSIONER WILLIAMS: Last round for what, Commissioner? COMMISSIONER BALDWIN: To do anything over there, any kind of program. U.G.R.A.'s leaving the program, and they're turning it over to the City. Is the City going to be able to participate with the matching fund issue? COMMISSIONER WILLIAMS: Well, when we finish Phase IV and we turn Phase IV over to the City, they will have a complete system. Currently, they already maintain it by contract with U.G.R.A., and they do the billing, so two important phases they already do. COMMISSIONER BALDWIN: Mm-hmm. COMMISSIONER WILLIAMS: So U.G.R.A., in effect, is turning over almost $2 million worth of infrastructure to the City, and it becomes theirs. We'll do the same with Phase IV, whatever that cost is, a half million or more, and then they'll have a complete system. This just takes U.G.R.A. out of the middle. It does lead us to think about the future with respect to them being in the middle for any other sewer projects we're doing, but it just takes them out of the picture totally now. COMMISSIONER BALDWIN: I know. And you skirted my 11-10-08 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 36 question. COMMISSIONER WILLIAMS: I'm sorry. COMMISSIONER BALDWIN: Who's going to -- let's pretend that there's going to be a Phase V or Phase VII, Phase IX. Who is going to be in that slot where -- I'm seeing U.G.R.A.'s payment of 25,000 matching funds. Who will be replacing that? Will the City of Kerrville be replacing that? COMMISSIONER WILLIAMS: If there is a Phase V. COMMISSIONER BALDWIN: Okay. If there is a Phase V. COMMISSIONER WILLIAMS: If there is a Phase V, we'd have to sit with -- and we became the initiator of the project as we have been before, -- COMMISSIONER BALDWIN: Mm-hmm. COMMISSIONER WILLIAMS: -- we'd have to sit with the City and see if they wish to participate and provide grant money. COMMISSIONER BALDWIN: Okay. COMMISSIONER WILLIAMS: There is no plan for a Phase V. COMMISSIONER BALDWIN: Mm-hmm. COMMISSIONER WILLIAMS: Once this is completed, -- this will have been Phase IV -- we will have completed the entirety of the Kerrville South project as it was originally 11-10-08 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 37 scored. COMMISSIONER BALDWIN: I understand. I understand. COMMISSIONER WILLIAMS: So I don't anticipate a Phase V there, or VI or VII. COMMISSIONER BALDWIN: Well, there's a lot of people over there that do -- COMMISSIONER WILLIAMS: Well, -- COMMISSIONER BALDWIN: -- anticipate it. COMMISSIONER WILLIAMS: -- I understand that. COMMISSIONER BALDWIN: And -- COMMISSIONER WILLIAMS: And that would have to be then between -- well, they could come talk to us about whether we want to be the initiator, and if the Court wants to do that, we could do that. We'd have to sit down with the City and work out all the other -- COMMISSIONER BALDWIN: Could an organization like CAG, just as an example, could they -- could they be the initiator of a program like this? I don't think that they could probably go after those funds like we have. COMMISSIONER WILLIAMS: I could see their role in coming to us and urging us to do it. COMMISSIONER BALDWIN: Mm-hmm. COMMISSIONER WILLIAMS: I can't see their role in the middle as being -- as playing the same role that U.G.R.A. did. 11-10-08 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 COMMISSIONER BALDWIN: Yeah. COMMISSIONER WILLIAMS: Because they lack a formal structure. COMMISSIONER BALDWIN: I agree. I agree. Okay, thank you. JUDGE TINLEY: I think if there is a desire to go forward and to extend that project in Kerrville South, whoever desires that to happen, be it CAG or some other citizens group or this Court or the City -- if it's a citizens' group or CAG, for example, they would urge possibly us or the City, but they come to us. What I see our role as being is exactly as it has been, but we would then be looking to the City for the grant match. COMMISSIONER WILLIAMS: Exactly. JUDGE TINLEY: As opposed to U.G.R.A., who's filled that spot in the previous phases. Because U.G.R.A. has taken themselves out of the middle in that sense for this entire ~ project. COMMISSIONER WILLIAMS: That's correct, Judge. That's the way I see it. COMMISSIONER BALDWIN: Well, and, too, you know, you say that if they -- if somebody was to come to us, that we would -- we would play probably the same role. I don't know. Mr. Williams has put in a lot of energy -- a lot of energy in these -- in all these phases and getting all that 11-10-08 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 39 completed over there. I don't know if he's willing to do that or not. COMMISSIONER WILLIAMS: Well, I think whether I'm willing or not is -- is secondary to whether or not it is a viable project, and whether it serves a need that we'd like to pursue for Kerr County. COMMISSIONER BALDWIN: Is that a commitment? That's pretty close, wasn't it? COMMISSIONER WILLIAMS: That's a response. COMMISSIONER BALDWIN: Sounds like a commitment to I me . COMMISSIONER LETZ: Has the City given any indication if they plan to annex this area into the city limits? I COMMISSIONER WILLIAMS: I don't know, Jonathan. There's a lot of talk back and forth. The Judge lives down in that area; he may have a better feel for it than I do. Frankly, I would be surprised, but I've been surprised before. COMMISSIONER LETZ: I mean, just one of those -- those things. You know, the reason they didn't -- don't want to annex anything is they don't want to spend the money to put the sewer in, and now they've got the sewer. COMMISSIONER OEHLER: Now they got sewer and water. The water's there by a central water system. I mean, it just 11-10-08 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 40 stands to reason that they would want to take that area, but not having to put -- COMMISSIONER WILLIAMS: I don't think that's city COMMISSIONER OEHLER: No, it's not city water, but there is a -- COMMISSIONER LETZ: Distribution system. COMMISSIONER WILLIAMS: Public system. COMMISSIONER OEHLER: Yeah, a public system. COMMISSIONER LETZ: Just tie into it and cut one line and start up another. Anyway, none of our -- it doesn't make that much difference. COMMISSIONER WILLIAMS: Couple other quick caveats about this. First of all, in this Phase IV, we get that mobile home park hooked up that we long had a commitment to hook up, which is good. South Wind, is it? COMMISSIONER BALDWIN: Yeah, I think that is the name of it this week. COMMISSIONER WILLIAMS: And the other thing is that U.G.R.A.'s -- and this is related, so I won't say this with the County Attorney jumping down my throat. U.G.R.A.'s going to have a workshop here this week in which they're going to be talking about future -- their future role in terms of infrastructure and utilities, and I'll certainly be there, ~~ because it has -- as you know, they received, as we did, a 11-10-08 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 grant from T.W.D.B. for the purpose of planning, and so I think a lot of the -- a lot of what they want to do in the future is going to get shaken out in this workshop. So, we'll participate and listen. I would move approval of the agreement for termination of all existing agreements between Kerr County and U.G.R.A. for the ownership and maintenance and operation of Kerrville South Wastewater System, Phases I, II and III, -- COMMISSIONER BALDWIN: Second. COMMISSIONER WILLIAMS: -- and et cetera, et cetera, et cetera. JUDGE TINLEY: On the agenda item. COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: Okay. Did I hear a second, Commissioner Baldwin? COMMISSIONER BALDWIN: Yes, sir. JUDGE TINLEY: All right. We have a motion and a second. Any question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. We'll move to Item 9; consider, discuss, take appropriate action to participate in the Participant Statistical Areas Program, 11-10-08 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 42 PSAP -- I thought that was the Public Safety Answering Point that's used in the 911, but obviously I'm confused by the acronym. COMMISSIONER WILLIAMS: I am too. JUDGE TINLEY: Criteria for 2010 census and beyond, and contract with AACOG to perform this work. Commissioner Williams, again. COMMISSIONER WILLIAMS: I'm like you, Judge. I was a little conflicted by the acronym there, PSAP. I thought it had to do with 911, but apparently the Census Bureau has another name for it as well. I'm not sure where the Court wants to go with this, but I did want to put it on the agenda, because this came out of the rural judges' meeting, which is a part of the AACOG board's monthly deliberations, and this PSAP material which I provided to you for backup is the first -- is the first look at Kerr County in terms of census blocks before we get into the 2010 census. And the whole purpose is, if we wish to do it, AACOG, for all of its member counties, will perform a certain amount of breakout work, if you will. Take the census block numbers and break them down and show subdivisions and all sorts of things that are important to us within the context of -- of a county. Whether we want to do that or not is strictly up to us. I make no recommendation about it. There's a modest fee for doing it, just a -- 45 bucks an hour for the guy's services. ii-io-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 43 What we would get out of it would be a better understanding of -- of the various census blocks, how they break into the communities, how they break into the subdivisions, roads, and all sorts of things like that. It's got a -- breakdown work is what it is. Whether or not it really provides for us a leg up on the 2010 census as we take a look at what we have to do then -- and as the Court recalls, in the past we have engaged the services of professionals to help us through the census maze, and we may wish to do that again. So, I wish I could answer more of your questions for it, but that's where it is, and that's what it is. COMMISSIONER BALDWIN: I think you answered mine, whether it will be -- it would enhance -- you know, we went back to our law firm in Austin to assist us again, which I -- I certainly would want to at this point. But will this enhance that program in any way? But also, I heard you say that it just kind of gives us an idea of who's where and what's going on over there. I don't know that that's important information or not. COMMISSIONER WILLIAMS: Well, if you take a look at Option 1 on one of the backup sheets, meeting with County people to determine -- gather information on new housing, water/sewer connections, driveway permits established since April 2000, maps by census track and block, et cetera, et cetera, et cetera, et cetera. So, it won't hurt. Now, -- 11-10-08 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 BALDWIN: Sure. COMMISSIONER WILLIAMS: -- in terms of our operation, the question is, do we want to do it? It's a $45 fee to do so, to have AACOG massage all this stuff and break it down for us. There will be an expenditure of about $675 to get the work done. COMMISSIONER BALDWIN: I think the question is, is -- is this kind of information -- would it help those folks that help us? Is that a piece of their -- of their review? COMMISSIONER WILLIAMS: My answer would be a qualified yes. It certainly won't hurt. Anything that we can provide that gives a better understanding of how Kerr County has shaped up over the last ten years is going to be beneficial when we get into redistricting as a result of the census. That's where it comes into play, I think, redistricting and things of that nature. COMMISSIONER LETZ: I think it may be helpful, but my recollection is that the -- when the actual census stuff is so driven by the federal government, you got to have all this stuff, and then whole packet is sent off to be approved by the -- by the powers that bless it in Washington. It's not that much money, but I'm not sure it's that much -- that much of a help. COMMISSIONER BALDWIN: I -- COMMISSIONER LETZ: I just don't know. 11-10-08 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 45 COMMISSIONER BALDWIN: Maybe -- maybe we could ask our little friends that help us, that have helped us. They seem to be friendly, and I think that we could -- I think that we could ask them that question -- COMMISSIONER WILLIAMS: I think we could. COMMISSIONER BALDWIN: -- without, you know, being charged or anything. Just this kind of information, will it help you do the work that we ask you to do? COMMISSIONER WILLIAMS: That's a good suggestion. And we can initiate the phone call; you or I can do that. COMMISSIONER BALDWIN: And then bring this back next time? COMMISSIONER WILLIAMS: Sure. COMMISSIONER OEHLER: I think that's a great idea. 'Cause if it doesn't enhance the process -- you know, but if it does, it enables them to even charge us a little less without having to go do that. COMMISSIONER BALDWIN: Absolutely. COMMISSIONER WILLIAMS: Okay, that's a good suggestion. We'll do it. COMMISSIONER LETZ: Now -- and also, when you're doing that, Rex, do we have to go out for proposals? Can we just hire the law firm that we've hired in the past to do this work for that 2010 census? MR. EMERSON: It's a professional service; I think ii-io-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46 it's exempted. And the Court would just need to look at the best services that would be provided for the most economical... COMMISSIONER LETZ: You might, when you -- whoever calls -- COMMISSIONER BALDWIN: He is. COMMISSIONER LETZ: When Bill calls, whoever you talk to, Chuck Kimbrough -- COMMISSIONER WILLIAMS: Kimbrough, I guess, yeah. COMMISSIONER LETZ: -- maybe see if it's time for them to come make a presentation to us about that for the upcoming census. COMMISSIONER WILLIAMS: It's getting -- excuse me. It's getting pretty close to the start. COMMISSIONER LETZ: Give us an idea of fees, too. 'Cause, I mean, this is -- COMMISSIONER BALDWIN: I heard the state lawyer, Jim -- COMMISSIONER LETZ: Allison. COMMISSIONER BALDWIN: -- Allison, say here just recently that it is too early to be doing those kind of things. COMMISSIONER LETZ: That's true. I remember that ~I at the conference. COMMISSIONER WILLIAMS: Not too early to make that ii-io-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 47 phone call. COMMISSIONER BALDWIN: No, absolutely not. JUDGE TINLEY: Commissioner Williams, I -- in reading the cover communication from AACOG on this thing, it seems like they were putting forth some sense of urgency that they wanted us to make this election as early as possible. I guess what I'm suggesting is, maybe at the break, if you could maybe get ahold of Mr. Kimbrough or someone in that organization, and maybe we can bring it back later today. COMMISSIONER WILLIAMS: Okay. All right, I'll try to do that, Judge. JUDGE TINLEY: I assume that's a real sense of urgency that Ms. Arriaga is putting forth. COMMISSIONER WILLIAMS: They wanted to know how many counties they're going to have to do it for, so they can -- I'll try to do that, Judge. JUDGE TINLEY: Okay. COMMISSIONER OEHLER: I'll say one thing about -- I'm just reading a little bit of what they've proposed here. If there was a way that they could -- that we, as Commissioners, could sit down with them when they're doing some of these things, redrawing lines and making suggestions, maybe we would alleviate some of the problems we've had, especially in Precinct 4, with people -- COMMISSIONER WILLIAMS: Especially with -- 11-10-08 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 48 COMMISSIONER OEHLER: -- where they go vote. We have people living in Mountain Home having to go to Hunt to vote, and it's all because of those census blocks. It was drawn out years ago, and the access points are different today than they were back then. And they're -- you know, the roads they use to go and vote, that tract of land may have been on Highway 27 and Highway 39 at the same time, but now that land's been divided, and the people that live over here still are being forced to go all way over there to vote, those kinds of things. I don't know what we can do to impact that, but it's happened every time we have a census. Every time we do redistricting, it happens, and it's the same pieces of property. COMMISSIONER LETZ: We have the ability, I think, to fix that. COMMISSIONER BALDWIN: Yeah, we do. COMMISSIONER OEHLER: I'd sure like to fix it, because I sure -- COMMISSIONER WILLIAMS: I think we do. I think you're right, Commissioner. COMMISSIONER LETZ: We did a lot of that. COMMISSIONER WILLIAMS: 'Cause they come in, show us the map, and they show us how it breaks out with demographics and so forth and so on, and we have the ability to do a little jiggling here and there, and swapping and so 11-10-08 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 49 forth. COMMISSIONER OEHLER: I thought we did, but somehow that jiggle hasn't happened in the past -- the past long time. And these people are still upset having to go all the way around the world to vote. COMMISSIONER WILLIAMS: I understand. COMMISSIONER BALDWIN: I think the major thing, as long as you don't upset the minority issues -- MR. OEHLER: Right. COMMISSIONER BALDWIN: -- and those kinds of things. Then you have the same thing over on Turtle Creek. MR. OEHLER: Exactly. COMMISSIONER BALDWIN: Those people drive from Upper Turtle Creek all the way around to Ingram, which is the goofiest thing. COMMISSIONER OEHLER: Exactly. That's one of the areas that we had before. COMMISSIONER BALDWIN: Yeah. I thought we fixed that, though. COMMISSIONER OEHLER: Well, you've got that part of it pretty well fixed. COMMISSIONER BALDWIN: Of course I did. Yes, you're right. COMMISSIONER OEHLER: I've give you credit for that one. You did get that one fixed, but I still have some that it-io-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 50 were not fixed during my absence. JUDGE TINLEY: Okay. COMMISSIONER OEHLER: Get tired of listening to it. JUDGE TINLEY: We're going to hold on that one for now, a presentation of documents, information, and process relating to the Texas Water Development Board grant of $178,500 for facility planning for Center Point-slash-Eastern Kerr County Wastewater Project. Commissioner Williams? COMMISSIONER WILLIAMS: Thank you, Judge. And it is what it says, a presentation of documents. I'm not asking aware of what's involved and what the board -- what T.W.D.B. is going to require of us for this particular facilities planning grant. So, if you can sort through all the documents that I gave you, I think what's really -- and go to the one that's entitled EDAP 2 Planning Phase, Facility Plan Scope of Services. You'll see that what we're going to be engaged in now is kind of four phases in the facility plan scope of services, and those four phases are -- and each is done separately with the consulting engineer. And before I get off into that, let me say that I'm awaiting two things from T.W.D.B. I'm awaiting the grant contract, which will come down from Water Development Board for County approval and Judge's signature, and I'm awaiting the revised scope of ii-io-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 51 services contract from the engineering firm that will come from Tetra Tech, and then we'll go from there. As you recall, our -- our commitment above the 178,5 is for 25 percent over that, which is our in-kind contribution, half of which is in-kind and half of which is in cash, all of which has been proposed for -- through the Auditor's office and finding those dollars, and already encumbered. The facility planning scope of services has four categories. The eligibility assessment, as we take a look at that. Then we get into the Category B, existing facilities and problems, and we identify what, if any, wastewater services there are available, or water services. And as you know, in the area we're talking about, there is no centralized wastewater collection; it's all septic in that area, and so we identify all of that and all of the things that go with it. You'11 notice as we're going through this, there are 20-some-odd different things -- 25 different things we have to do. Third category is the alternatives and design analysis. We think we know what we'd like to do with respect to this project in terms of -- of seeing that a collection system is constructed, and that the effluent is transported 11-10-08 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 52 to some other location for wastewater treatment, and that the alternatives and the design analysis, that will be our preferred option, and we would hope that the engineering confirms that and the T.W.D.B. also does that. The last phase is Category D, finalizing the project. Prepare a total budget and define the funding needs. And in each of these cases, if you look through all of these 25 separate items that we have to do in each of the four categories, we do the work, we send it to the Water Development Board for its review, comment. And whatever those comments are, or -- or questions that have to be addressed that may not have been addressed, we have to take care of that, send it for their approval. We cannot move forward to Section 2 or Section 3 or 4 until the previous section has been -- has been taken care of. So, that's going to keep us busy for a while. You'll notice also one of the documents that I've provided to you, it talks about the financial section, and the Water Development Board share is 178,5. Our share in cash is 29,750, and the in-kind is 29,750 and so forth. And you'll see also that item -- let me 11-10-08 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 53 get here to it -- the four categories broken down in the budget on Page 3 of that particular summary, and that totals -- the 178,5 for EDAP planning, and our contribution and our in-kind, so the total is 238,000 for all the work that's going to be done in this particular phase. I don't -- well, it's time for questions. COMMISSIONER LETZ: Commissioner, when this is completed, this will -- this would give us everything we need to go out and -- we'll know, I guess, what it's going to cost to do it, and then we go looking for the sources of revenue to pay for it and proceed? Is that how it works? I mean -- COMMISSIONER WILLIAMS: Once this phase is completed, then we get into what they call acquisition and design. If there's any -- any easements or property we have finish with that, then we get into construction phase, so -- the preliminary design and final design. So, this is going to flesh out the project. It's going to flesh out what we want it to be. It's going to confirm what we've already done in terms of -- of the eligibility of the people that it's going to serve being eligible for the EDAP program. It is not this phase that will determine what our -- what the final amount of money that is going to be required, where it comes from. That comes after -- I believe in the next phase, where ii-io-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 they engage the Texas Department of Health to do a nuisance finding in the area. And if they do a nuisance finding and confirm our -- our convictions about that, then we could be eligible for as much as a 100 percent grant money under the EDAP program. So, a lot of -- a lot of what's listed in this -- all of this stuff today is some things we've already done, but we'll reconfirm them, and then moving forward on the plan. But once we've finished with this phase, we'll know what the system's going to look like. COMMISSIONER LETZ: Is it at this phase that the decision is made as to where the effluent will be treated, or COMMISSIONER WILLIAMS: No, it'll be speed out That'll be a big part of it, and transmission line, the distance and the cost. All that's going to be a part of that. So, if they accept these four elements of this particular planning phase, then they know that's what the system's going to look like. COMMISSIONER LETZ: So, it's during this phase that we will meet with Mr. Marquart -- with his board, and determine at least preliminary -- the preliminary agreement? COMMISSIONER WILLIAMS: I think it's going to be important. It's a good question, Commissioner, and I think 11-10-08 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 55 it's important -- I'm glad Keith's here -- for us during this planning phase. This phase, for us to meet with W.C. & I.D. in Comfort and begin to spec out what we believe would be the framework of an interlocal agreement, so that we know that. There may even be some suggest-ion come down as we progress through this that we go so far as to consummate an interlocal agreement. And so I think it's important that we start that process during this phase. JUDGE TINLEY: Will one of the considerations on that agreement -- or first off, whether -- whether the preliminary decision is made to go downstream, will one of the considerations be whether or not Kerr County can get credit for the treated effluent that goes back into the river, even though the return is in another county other than Kerr County? COMMISSIONER WILLIAMS: Judge, that's one of the things that has to be addressed. That issue has to be addressed, where the water credit goes, to whom it goes, and in what volume and so forth and so on. And the volume is part of that equation. We have to know what we're talking about in terms of volume being sent down there for treatment and what kind of water we're talking about. That's all part of what has to be addressed in the future. JUDGE TINLEY: That would be one of the issues involved in this whole determination? 11-10-08 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 COMMISSIONER WILLIAMS: I believe so, yes, sir. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: And, as I mentioned earlier, with respect to the River Authority and its participation, they have a lot of sorting out to do, as we do, in terms of who's going to be in the middle or who's going to be ultimately the -- the agency that we look to for management of it, and operation and maintenance and so forth and so on. In addition to contracts for treatment and so forth. So, a lot of issues to flesh out. Now's the time to do it. Questions? JUDGE TINLEY: Is that it on that item? COMMISSIONER WILLIAMS: I think so. JUDGE TINLEY: Good enough. Okay. At this time, I will recess the Commissioners Court meeting, and I will convene a public hearing concerning the final revision of plat for Lots 46A and 47A of Cypress Springs Estates, Phase I, as set forth in Volume 7, Page 126, Plat Records, and located in Precinct 4. (The regular Commissioners Court meeting was closed at 10:10 a.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G JUDGE TINLEY: Is there any member of the public that wishes to be heard concerning the final revision of plat for Lots 46A and 47A of Cypress Springs Estates, Phase I, as 11-10-08 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 57 set forth in Volume 7, Page 126, Plat Records -- MS. HOFER: Judge Tinley, the wording on there -- actually, I should have put to set a public hearing, because if you go into the actual memo, what we're wanting to do is actually set a public hearing. JUDGE TINLEY: Okay. MS. HOFER: For this. JUDGE TINLEY: Well, let me recover here. Having inappropriately convened a public hearing, I will close the inappropriately convened public hearing, and I will reconvene the Commissioners Court meeting. (The public hearing was concluded at 10:10 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE TINLEY: And I will turn the item over to Ms. Kelly Hofer. MS. HOFER: Dent and Doris White would like to combine Lot 46A, which is 1.61 acres, and Lot 47A, which is 1.77 acres, making the revised Lot 46R-1, 3.38 acres. The lots in Cypress Springs Estates, Phase I, are served by a central water system and individual O.S.S.F. At this time, we ask to set a public hearing for revision of plat for Lots 46A and 47A for December 8th, 2008, at 10:15 a.m. COMMISSIONER LETZ: So moved. COMMISSIONER WILLIAMS: Hand's up. 11-10-08 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 JUDGE TINLEY: Motion made and seconded -- I'm sorry. MR. EMERSON: I don't think the agenda item allows for y'all to take action to do that. COMMISSIONER BALDWIN: We're just setting a public hearing. Is that what the agenda -- COMMISSIONER LETZ: Didn't say set public hearing. MR. EMERSON: Doesn't say set, consider, take appropriate action, or anything like that. It says it's a public hearing. COMMISSIONER BALDWIN: Well -- JUDGE TINLEY: Thank you, ma'am. Appreciate you being here today. MS. HOFER: Thank you. COMMISSIONER WILLIAMS: See you later. COMMISSIONER BALDWIN: This is the way we learn. COMMISSIONER LETZ: But we like what they want to I do. MS. HOFER: I did call ahead of time. Maybe not enough ahead, but -- JUDGE TINLEY: Hopefully, there are not any real pressing issues concerning this consolidation. I can't see that there would be, but everything's going to be good, sounds to me like. MS. HOFER: So, it needs to go on the next agenda? ii-io-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 59 JUDGE TINLEY: Resubmit another agenda item to actually -- COMMISSIONER LETZ: Set the -- JUDGE TINLEY: -- authorize the Court to set a public hearing. MS. HOFER: Okay. JUDGE TINLEY: For that particular matter. MS. GRINSTEAD: I don't know time frames, but we have an agenda set for -- COMMISSIONER BALDWIN: Thursday. MS. GRINSTEAD: -- the 13th. If it's a time constraint, do you want it on that one? MS. HOFER: I don't personally have a time constraint. I don't know about Lee. MR. VOELKEL: If we can do it on the 13th, if that's fine, we'll go for that. JUDGE TINLEY: Do an addendum to that -- to do it sometime after -- MS. GRINSTEAD: It's set for 10:30. JUDGE TINLEY: The meeting's set for 10:30? Okay, hit it. Thank you. COMMISSIONER BALDWIN: Lee, of course, that'll be a little extra. MR. VOELKEL: I understand that. (Laughter.) I do 25 ~ understand that. 11-10-08 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 60 JUDGE TINLEY: We'll just add it to his paycheck. COMMISSIONER BALDWIN: Well, that's true. MR. VOELKEL: Or take a little out. COMMISSIONER BALDWIN: Or take some away. COMMISSIONER WILLIAMS: What time are we talking about meeting on the 13th? JUDGE TINLEY: 10:30, I think she said. MR. OEHLER: 10:30 to canvass the election. JUDGE TINLEY: Okay. Let's move on to Item 12; consider, discuss, and take appropriate action to review and acknowledge receipt of annual commissary audit to ensure compliance with Chapter 351.0415 of the Local Government Code. Ms. Hargis? MS. HARGIS: I think all of you have a copy of the audit of the commissary that is required. It's an annual audit. Used to be quarterly, but now it's annual. The -- I think you have all my comments attached. I'm really pleased with the commissary. We did install software this year to enable us to have financials, and I think that's given the Sheriff an opportunity to see how that department actually runs on a monthly basis. So, I'm very pleased with everything going on there this year. It's a very good operation. JUDGE TINLEY: And the requirement that we have today under the Local Government Code is? ii-io-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 61 MS. HARGIS: Is to accept it and review it. You do not approve it, so you just acknowledge that it has been presented to you. It's actually presented to the State for approval. COMMISSIONER LETZ: I make a motion that we accept the commissary audit as presented. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded as indicated. Question or discussion on that motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Next item is Number 13; consider, discuss, take appropriate action to approve the contracts with K'Star, Hill Country CASA, Hunt Volunteer Fire Department, Ingram Volunteer Fire Department, Mountain Home Volunteer Fire Department, and Tierra Linda Volunteer Fire Department, and allow the County Judge to sign same. COMMISSIONER WILLIAMS: Are these the -- is this the standard contract we've had in the past? (Mr. Emerson nodded.) COMMISSIONER WILLIAMS: Move approval. COMMISSIONER BALDWIN: Second. 11-10-08 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 62 MR. OEHLER: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Question or discussion? COMMISSIONER BALDWIN: Do we want the record to reflect that the County Attorney was shaking his head yes? COMMISSIONER WILLIAMS: He did, indeed. JUDGE TINLEY: Beginning to act like a lawyer. COMMISSIONER BALDWIN: Oh, well, nevermind. Just nevermind. THE REPORTER: I wrote that. COMMISSIONER BALDWIN: Good. JUDGE TINLEY: Any other questions or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. We have an addenda item that was scheduled for 10:15, so we'll go to that item now, being Item 17. Consider, discuss, and take appropriate action to enter into interlocal agreement for the City of Kerrville and/or designate alternate individual -- individuals to approve floodplain permits or other floodplain authorizations in the absence or unavailability of the regularly designated county Floodplain Administrator. As I'm ii-io-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 63 sure most of you know, this arose as a result of the necessity for our Floodplain Administrator, Mr. Leonard Odom, because of his health issues, to be unavailable for a short period of time. We've got some items pending over there, I understand, primarily as a result of the draining of Ingram Lake and people wanting, in that particular time frame, to do some things in areas that -- where the floodplain is covered. Is that correct? MR. OEHLER: That is correct. And they have -- I believe some of them have applications submitted, but they're waiting on approval, and they're erosion control permits in the floodplain. And so I don't know who we can get to do this, but we need to find somebody. JUDGE TINLEY: I've got two options for you, I think. I discussed with Mr. Don Davis, the Interim City Manager, and told him of this problem, and he said, you know, he -- he'd be happy to cooperate in any manner possible. It's something that we probably need to have in place, and they maybe need to consider over on their side of the equation, to have someone that they have on their staff that has the certification. That's the important thing, is having that certification from the state as a floodplain administrator. So, we can go that direction. Another option, I was approached by an engineer early last week, very coincidentally, before this problem arose, who lives here in 11-10-08 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 Kerrville, a gentleman by the name of Hewitt, Hewitt Engineering, Mr. John Hewitt. His work experience is primarily related to water and wastewater engineering services. But I did note in -- he indicated that if there was any way that we had need for his services, he'd be happy to work with us. I noticed in reviewing his resume, at the -- immediately listed after his education, were his registrations, one being professional engineer, the other a certified floodplain manager with a Texas certification number. So, looks like we got that option also. What the specifics are on engaging either of these folks, obviously, I don't have, but I think it could be something that would be -- could be worked out pretty easily. COMMISSIONER LETZ: It seems to me that Leonard started doing it before he was certified, as an interim -- I mean, getting his certification. And the reason is, we took this over from U.G.R.A., I believe. COMMISSIONER WILLIAMS: Right. COMMISSIONER LETZ: And when we took it over, we didn't have anyone certified, and he was able to continue -- or to start doing it while he obtained certification. JUDGE TINLEY: Everyone seems to be looking at Kelly for some reason. MS. HOFER: I don't really feel comfortable signing off on -- 11-10-08 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 65 JUDGE TINLEY: Say again? MS. HOFER: I don't feel comfortable signing off on something like that for -- for people. I mean, not at this point. I mean, I -- COMMISSIONER BALDWIN: I don't believe you. MS. HOFER: I've only been in there for nine months. Right now, everything's pretty haywire. Barbara's been off, you know, so I've been trying to run the office all by myself, so it's kind of been a long couple days here. COMMISSIONER LETZ: Yeah. MS. HOFER: And not very happy people calling me, either. So -- COMMISSIONER LETZ: Do you have any indication of the timeliness in which the City staff may be willing to do this? COMMISSIONER OEHLER: I don't. COMMISSIONER LETZ: I guess that's -- JUDGE TINLEY: No. COMMISSIONER LETZ: -- a little bit of a concern as to -- I don't know their process in this. I know that they're -- I guess this comes under their Planning Department, and they're not real timely sometimes. ~, COMMISSIONER WILLIAMS: Who -- well, who's certified on the City staff to do it? MS. HARGIS: I think Mike Wellborn is, but I'm not 11-10-08 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 66 sure. Mike Wellborn. MS. HOFER: And Bobby Gore also. MS. HARGIS: And Bobby Gore. Mike is the engineer that they brought in from Cedar Hill about a year -- a year ago, and I think he had the certification for it there. I'm not sure, but I think he does. MS. HOFER: I think Mike and Bobby Gore both. MS. HARGIS: Yeah, so you have two. JUDGE TINLEY: Both of those folks work for Charlie? MS. HARGIS: Yes, they do work for Charlie, but actually Bobby Gore works for Mike, and then Mike works directly for Charlie. COMMISSIONER LETZ: There's a -- there may be another option, in fact, where he believes probably that Truby is certified. COMMISSIONER BALDWIN: Is she really? JUDGE TINLEY: Oh, really? MS. HYDE: She's on vacation, but she'll be back, and I know that her and Leonard and Kelly work really well together. And I can't imagine Leonard -- his mouth isn't taped shut, so I'm sure he's going to be talking on the phone and stuff. COMMISSIONER LETZ: How long is Truby on vacation? MS. HYDE: I think she's gone to Hawaii for two 11-10-08 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 67 weeks, and this is week one, right? MS. HOFER: This is week two. MS. HYDE: Week two, okay. So -- COMMISSIONER BALDWIN: Well, for something like this, she could get on back here. I mean -- MS. HYDE: Yeah. COMMISSIONER BALDWIN: Where's the commitment in this thing? JUDGE TINLEY: Loyalty. COMMISSIONER BALDWIN: Otherwise, I think we need to contact this other guy and find out where he stands and what it's going to take to get him if we need him. COMMISSIONER WILLIAMS: Be a good backup to have on I board. COMMISSIONER BALDWIN: Yeah, absolutely. COMMISSIONER OEHLER: I believe this would be a better option to hire on a temporary basis than it would be trying to work out an agreement with the City at this point. COMMISSIONER BALDWIN: I agree 100 percent. COMMISSIONER WILLIAMS: We're going to have to pay for the services no matter where we go. MR. OEHLER: We're going to have to pay for it one way or the other. COMMISSIONER BALDWIN: Sounds like to me that you're in a hurry. 11-10-08 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 68 MR. OEHLER: Well, they're in a hurry because they don't have a lot of time -- COMMISSIONER BALDWIN: Yeah. COMMISSIONER OEHLER: -- between now and the time it gets plugged back up again. They need to -- you know, we encouraged them to do this long before we drained the lake, but some of them haven't done it. COMMISSIONER LETZ: The other thing we can check on is if Mr. Wells has a certification. There's already a contract with him. COMMISSIONER BALDWIN: Yeah. COMMISSIONER OEHLER: I like that plan. COMMISSIONER BALDWIN: That's a good idea. COMMISSIONER OEHLER: We already know him. We know -- COMMISSIONER LETZ: He may -- I have no idea if he is or isn't. I doubt it. MS. HOFER: I was wondering the same thing. I'm not sure if he is. COMMISSIONER OEHLER: Do you want to take a short break and try to call him and see if he'd be interested in doing that? COMMISSIONER LETZ: We can do that. JUDGE TINLEY: We'll do that shortly. COMMISSIONER OEHLER: Whenever you decide. 11-10-08 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 69 JUDGE TINLEY: We'll come back to that. MS. HOFER: I do have another question, though. As far as, like, the floodplain and that, also, what -- as far as signatures on any kind of plats and things like that, depending on how long he's going to be gone, I don't know what all that entails as far as for his signature. Just something for you to think about. JUDGE TINLEY: Do we have any of those pending at the present time that -- MS. HOFER: Well, we're going to have, you know, the one -- this public hearing, and then we've got another one, the public hearing set for December 8th at 10 o'clock for Comanche Caves, I think it is. And then after that, it'll go to final. JUDGE TINLEY: Does that require floodplain ~ certification? COMMISSIONER OEHLER: Mm-hmm. MS. HOFER: I think so. COMMISSIONER LETZ: All the plats do. JUDGE TINLEY: Okay. So, you've got Leonard's signature for the floodplain, and you also have them for the subdivision rules and regs, or whatever, administrator. So, two different signature blocks on those. COMMISSIONER OEHLER: I believe we ought to -- COMMISSIONER LETZ: And Wayne, I think, would be 11-10-08 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 the logical one for the subdivision side. MR. OEHLER: Nothing makes any better sense than this, in my opinion, 'cause he's already aware. He reviews them. COMMISSIONER LETZ: Knows us, knows our system. COMMISSIONER OEHLER: Yeah. COMMISSIONER LETZ: Knows our -- COMMISSIONER OEHLER: He's already basically on -- COMMISSIONER LETZ: He's a contract staff. COMMISSIONER OEHLER: -- on contract. I knew if we talked about this, we'd come up with an idea. ~I COMMISSIONER WILLIAMS: That would be a better solution. JUDGE TINLEY: Want to give Wayne a call? MS. HOFER: Yeah, and ask him as far as if he would like to -- JUDGE TINLEY: If he has a certification. MS. HOFER: Okay. And see if -- JUDGE TINLEY: That's the first criteria. Does he have that certification? And if he does, he's probably -- that's primary option, option one. Second option would be -- COMMISSIONER OEHLER: Mm-hmm, I agree with that. JUDGE TINLEY: -- Hewitt Engineering? COMMISSIONER OEHLER: And then for the future, we might consider something else. But I believe those are the 11-10-08 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 best two options for that. JUDGE TINLEY: Okay. Well, we'll maybe work on that at the break. Okay, let's move on. We don't have any -- have any more on this item? COMMISSIONER BALDWIN: No. JUDGE TINLEY: We'll move to Item 14; consider, discuss, take appropriate action to appoint a safety committee. We had -- we've got a safety committee in place, but we've got a few vacancies, and so we're proposing to reconstitute that safety committee as -- as proposed. COMMISSIONER BALDWIN: Proposed or suggested members of the new safety committee. That looks like a good I~ group to me. i COMMISSIONER WILLIAMS: Yeah. COMMISSIONER BALDWIN: Goll dang, that's exciting. This is existing stuff. JUDGE TINLEY: That was a motion, Commissioner? COMMISSIONER BALDWIN: It absolutely is. If you would give me the opportunity to do that, I would -- it would be a great honor. JUDGE TINLEY: You just had it. COMMISSIONER LETZ: Second. JUDGE TINLEY: I have a motion and a second to appoint the safety committee as per the proposed or suggested members in the backup. Question or discussion? 11-lo-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 COMMISSIONER BALDWIN: Just -- the only problem with it, there's two of them fro m the Sheriff's Office on here. I guess we can l ive with that, though. JUDGE TINLEY: One of them' s a woman, and that will I control the situation. MR. BOLLIER: Can you tell us who's on it? COMMISSIONER BALDWIN: No. COMMISSIONER WILLIAMS: No, it's a secret. COMMISSIONER OEHLER: Your name's on it. JUDGE TINLEY: I'm on it. The Sheriff's -- Sheriff is on it , Leonard Odom' s on it, nancy Robison's on it, Kevin Stanton' s on it, Eva Hyde's on i t, Ci ndi Scherwitz is on it, and you' re on it, Tim Bollier. MR. BOLLIER: Fine wit h me. COMMISSIONER WILLIAMS: You 're probably going to be the chairman. MR. BOLLIER: That's fine with me. They need a good one. (Laughter.) SHERIFF HIERHOLZER: You do have a misspelling, Nancy Robison. It's not Robinson, it's Robison, R-o-b-i-s-o-n. COMMISSIONER BALDWIN: That's the way it's spelled. JUDGE TINLEY: Yeah. COMMISSIONER BALDWIN: That's the way it's spelled. JUDGE TINLEY: There's no "n" in there. ii-io-os 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SHERIFF HIERHOLZER: Okay. JUDGE TINLEY: Except at the end. COMMISSIONER LETZ: Get your glasses fixed. SHERIFF HIERHOLZER: Probably need better ones. COMMISSIONER BALDWIN: Can I second that? JUDGE TINLEY: No, it's already done. Already been seconded over here. COMMISSIONER BALDWIN: Dadgumit. I'm so happy about this thing, I just wanted to kind of do it all. JUDGE TINLEY: Any other question or discussion on that motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. As to the 11:30 item, it's my understanding -- that being consider, discuss, and take appropriate action on appropriate site plan for the Hill Country Youth Exhibit Center and surrounding property, it's my understanding that that is going to be passed for now and be brought back, because there's some components of it that the architect was still working on, and he wants to bring us up a whole picture instead of two-thirds of a picture. COMMISSIONER LETZ: He's -- the drawings are all ii-io-os 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 done. He was willing to come today, but he doesn't have the cost information -- or he's getting it today, and didn't want to present that without having time to review it. But we can just pass it. MR. OEHLER: Okay. JUDGE TINLEY: Okay. Why don't we take about a 15-, 20-minute recess here, and we have time to make a couple ~! of phone calls. ~ (Recess taken from 10:28 a.m. to 11:02 a.m.) JUDGE TINLEY: Okay, let's come back to order, if I we might. We were in recess, and we've got a couple of items I~ that were left open, and I'd like to go back to. The first is Item 9, to consider, discuss, take appropriate action to participate in the Participant Statistical Areas Program criteria for the 2010 census and beyond, and contract with AACOG to perform that work. Commissioner Williams? COMMISSIONER WILLIAMS: Thank you, Judge. During our break, I did get in touch with the Bickerstaff Heath ~~ firm. I wanted to speak with Jay Kimbrough, who had worked with us in the past, but Jay was out of pocket, so I talked to another attorney there who deals in census-related matters, and the bottom line is, he believes that the dollars would be well invested. We can learn some things that we might not otherwise learn. It is particularly important in 11-10-08 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 .your precinct, Commissioner, for -- because of your vast geographical area and so forth. So, for $675, he says it's money well invested. COMMISSIONER BALDWIN: Second. COMMISSIONER WILLIAMS: That would be a motion. JUDGE TINLEY: And a second. We're looking at Option 1, then? COMMISSIONER WILLIAMS: Yes, sir, we'll be looking ~~ at Option 1. JUDGE TINLEY: All right. Motion made and seconded for approval of Option 1. Question or discussion on the motion? COMMISSIONER LETZ: The dollars to come out of Professional Services? Or -- COMMISSIONER WILLIAMS: Yes, I would think that's a proper -- appropriate place for it to come. COMMISSIONER LETZ: Okay. 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: Motion carries. COMMISSIONER WILLIAMS: And I'll notify them today so that they know we're on board. ii-io-os 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Okay. Let's go back to Item 17; consider, discuss, and take appropriate action to enter into interlocal agreement with the City of Kerrville and/or designate alternate individuals to approve floodplain permits or other floodplain authorizations in the absence of or other unavailability of the regularly designated county Floodplain Administrator. We temporarily passed that item to try and get a better handle on the specifics of options which are available. It's my understanding that -- that Kelly Hofer checked with Wayne Wells, who does contract engineering for the County, and determined that he does not have floodplain certification, so that option is not available to us. I checked with Mr. John Hewitt with Hewitt Engineering, and he said he would be available on a per-case basis on an hourly basis, as all cases are different, at the rate of $110 an hour. It's my understanding that he has worked on some things with Leonard in the past, and so they're acquainted from that standpoint. COMMISSIONER LETZ: Get them all in one group so he can do them all at one time. COMMISSIONER OEHLER: Yeah, do them all; come down for a group signing. MS. HARGIS: I've never seen an engineer do that. JUDGE TINLEY: We -- you know, I think we 'I I necessarily must do something, even if we don't have the 11-10-08 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ability to recoup that cost, because our subdivision rules and our floodplain rules are designated, and they are what they are, and people pay the fees that are designated. And if it costs us more than that to do it, well, so be it. It's our obligation. COMMISSIONER BALDWIN: I agree. MR. OEHLER: What is the man's name? JUDGE TINLEY: John Hewitt, Hewitt Engineering. He's local here in Kerrville. COMMISSIONER BALDWIN: What -- is somebody going to talk to him about the possibility of doing a lot of things at ~, one time? I thought I heard a comment from the audience that '~, said something like, well, you know, engineers don't work ~, like that, or something like that, but if he wants to work for the County, he might. COMMISSIONER OEHLER: Well, especially one -- this one issue. Now, on subdivision plats and that sort of thing, you can't do that, but -- COMMISSIONER BALDWIN: Yeah. COMMISSIONER OEHLER: -- on this one issue where we're talking about doing some erosion control on Ingram Lake, you know, you can get a bunch of those property owners to come with all their paperwork and -- COMMISSIONER BALDWIN: And they've all made application? 11-10-08 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER OEHLER: Not all, but some have, and there's still some that are going to. But, I mean, we can do it -- try to make arrangements to get as many of them as I possible together at one time. COMMISSIONER LETZ: One issue. JUDGE TINLEY: One right after the other. COMMISSIONER OEHLER: Right. I COMMISSIONER BALDWIN: That'd be great. That would be great. JUDGE TINLEY: That would be a logistical thing. Of course, I'm sure Kelly would do what she could do to facilitate that, depending on what she had to work with. But -- MS. HOFER: I think I've got three right now. I think there's three. MR. OEHLER: Three? Okay. JUDGE TINLEY: That are ready to go? COMMISSIONER OEHLER: I know another one that was going to come this morning, but I told him he ought to hold off till we figure out what we're going to do. COMMISSIONER LETZ: I'll make a notion that we authorize Road and Bridge Department to contract with the services of John Hewitt for floodplain permit certification, and to -- COMMISSIONER OEHLER: Do plats. it-io-os 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: And review plats. And -- no, I think Wayne can do the plats. COMMISSIONER OEHLER: Not on floodplain. COMMISSIONER LETZ: Yeah. Yeah, that's true. Any floodplain certification work, and that we -- JUDGE TINLEY: Where are we going to pay him from? COMMISSIONER LETZ: Road and Bridge, I'm sure, has some item they can pay him under. You know, some contract fees . COMMISSIONER OEHLER: If they get in trouble, we'll have to find the money elsewhere. Temporary basis. COMMISSIONER LETZ: But what I'm thinking is we need to get an agreement with him as well about this, and we need to have that agreement brought back at our next court. Interim, authorized to use him at $110 an hour. MR. OEHLER: And that that work begin immediately. COMMISSIONER LETZ: Right, correct. MR. OEHLER: As of today. I'll second your motion. COMMISSIONER LETZ: Can you do that? JUDGE TINLEY: Motion made and seconded. Question or discussion? MR. EMERSON: Begin work immediately, or begin work immediately after contract? COMMISSIONER WILLIAMS: After contract. COMMISSIONER LETZ: Well, we -- we have a -- how ii-io-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 soon can you put something together for a contract like this? COMMISSIONER WILLIAMS: One page. ~' MR. EMERSON: Most engineers usually have a standard contract, and then we can tweak that faster than I can go from scratch. I' COMMISSIONER LETZ: Okay. JUDGE TINLEY: Motion includes direction to the County Attorney to, as soon as possible, approve contract for my execution for that purpose? II COMMISSIONER LETZ: Yes. MR. OEHLER: Yes. JUDGE TINLEY: Okay. Further question or ~I discussion on that motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. ' (No response.) JUDGE TINLEY: That motion does carry. Looks like we're to Item 4 now -- or Section 4. Is that correct, gentlemen? We'll come back to executive session -- COMMISSIONER LETZ: Afterwards. JUDGE TINLEY: -- at the tail end. So, we are at ', Section 4, payment of the bills. ', COMMISSIONER LETZ: I'll move we pay the bills. COMMISSIONER WILLIAMS: Second. li-lo-os 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Motion made and seconded to pay the bills. Question or discussion on that motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Do we have any budget amendments? MS. HARGIS: No, sir. JUDGE TINLEY: Do we have any late bills? MS. HARGIS: No, sir. JUDGE TINLEY: I've been presented with monthly I I' reports from Constable, Precinct 4; Constable, Precinct 1; i the County Clerk; Justice of the Peace, Precinct 3; and Justice of the Peace, Precinct 2. Do I hear a motion that those reports be approved as presented? COMMISSIONER LETZ: So moved. MR. OEHLER: Second. JUDGE TINLEY: Motion made and seconded for approval of the designated reports as presented. Any question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) ii-io-os 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: That motion does carry. Any reports from any of the Commissioners in their liaison or committee assignments? Commissioner 1? COMMISSIONER BALDWIN: No. JUDGE TINLEY: Two? COMMISSIONER WILLIAMS: Done all I can do, Judge. JUDGE TINLEY: Three? COMMISSIONER LETZ: This is not a liaison thing, but I would -- if the Court would like, I'll be glad to try to work with Kelly as much as possible on subdivision rules if she has any questions in the interim. We won't have to use Wayne Wells all the time. If you have any questions, just give me a call; I'll be glad to go out and kind of help with that. JUDGE TINLEY: Okay. Appreciate that. Anything else? COMMISSIONER LETZ: No. JUDGE TINLEY: Four? MR. OEHLER: No. JUDGE TINLEY: Any reports from elected officials i, or department heads? The Sheriff. SHERIFF HIERHOLZER: The 12th, Wednesday, is our state jail inspection all day. They changed it. Originally, it was the 16th; they changed it to the 12th. So, any of y'all are invited to come out the whole day they'll be there. 11-10-08 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 BALDWIN: Let's talk about the important part. Is lunch provided, or what? SHERIFF HIERHOLZER: No. COMMISSIONER BALDWIN: I'm out. JUDGE TINLEY: It was the 16th? SHERIFF HIERHOLZER: I think so, originally. They've changed it to the 12th. JUDGE TINLEY: That was a Sunday. SHERIFF HIERHOLZER: Well, maybe it was the 17th or something. I don't recall now, since it got changed to the 12th. COMMISSIONER BALDWIN: Who's your new inspector? SHERIFF HIERHOLZER: It's a female. Be the first ', time, so I don't know. ~! COMMISSIONER BALDWIN: Really? II ~~ SHERIFF HIERHOLZER: I heard she's pretty strict. She'll even be over here inspecting the holding cells here at the courthouse, which I hope they pass. JUDGE TINLEY: Yeah, I showed it for the 17th. What time does it start, Rusty? SHERIFF HIERHOLZER: Normally, they get there around 9 o'clock. 8:30, 9 o'clock in the morning. I can give you a call as soon as she gets there. JUDGE TINLEY: I am due to be going for an Alamo Community College District meeting; be gone virtually all 11-10-08 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 84 day. I may be back the latter part of the afternoon. COMMISSIONER LETZ: Do you want someone there? SHERIFF HIERHOLZER: They normally request that somebody with Commissioners Court or the Judge be present, or at least available at the end so they can sit down and discuss the results of the inspection with them before they leave and go back to Austin. COMMISSIONER OEHLER: Didn't -- Buster, you're liaison? COMMISSIONER LETZ: No. COMMISSIONER OEHLER: Oh, you are? COMMISSIONER LETZ: What's the date? SHERIFF HIERHOLZER: 12th, Wednesday. COMMISSIONER OEHLER: That would be Thursday -- be Wednesday or Thursday. SHERIFF HIERHOLZER: 11th is Tuesday. Yeah, ~ Wednesday. COMMISSIONER LETZ: I have a meeting, but I'll make arrangements to be there some. SHERIFF HIERHOLZER: If you want to come out and see, 'cause they do the smoke alarm test, everything, if anybody wants to see at all. JUDGE TINLEY: I've done it the last several years. SHERIFF HIERHOLZER: Yeah. JUDGE TINLEY: Tried to be present for at least a ii-io-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 85 significant portion of that inspection, and I can tell you, they -- they seem to really appreciate the interest -- COMMISSIONER LETZ: Okay. JUDGE TINLEY: -- and participation of commissioners courts. SHERIFF HIERHOLZER: They do. COMMISSIONER WILLIAMS: I did it once, and I -- you're right, they do. JUDGE TINLEY: Okay. Rex, you had something? MR. EMERSON: Just a quick comment. Y'all were talking about the 2010 census earlier. And if we go over 50,000, as you're aware, a number of statutory changes come into play, and we're starting now trying to compile a list of all the statutory changes that will hit us. If you have any connections to get that list, we would appreciate it. Otherwise, we'll be making phone calls, doing searches. JUDGE TINLEY: Does TAC legal -- would they have some sort of database that would -- that would break all that down? MR. EMERSON: I know we've put in a call to them. I don't know that we have an answer back. JUDGE TINLEY: Okay. COMMISSIONER OEHLER: Jim Allison could sure do it. COMMISSIONER WILLIAMS: Well, Bickerstaff Heath I would too. ii-io-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 86 COMMISSIONER BALDWIN: Mm-hmm. COMMISSIONER OEHLER: Bickerstaff charges for it, though. COMMISSIONER LETZ: Yeah, that's right. COMMISSIONER WILLIAMS: At this point they might not, in anticipation of being able to do so later. SHERIFF HIERHOLZER: Yeah. JUDGE TINLEY: I would think TAC would have that broken down into -- into categories, it would seem, but I guess we'll find out, won't we? Okay. Anything else from elected officials or department heads? Whoopie. At this point, we will go out of public or open session at 11:15 to go into executive or closed session to consider matters as listed on the agenda for executive session purposes. (The open session was closed at 11:15 a.m., and an executive session was held, the transcript of which is contained in a separate document.) JUDGE TINLEY: Okay, we're in back open or public session. It is 11:30. Any member of the Court have anything to offer in connection with any of the matters considered in executive session? COMMISSIONER LETZ: I'll make a motion that we authorize Beck Gipson to prepare an appraisal of a -- how specific do I have to get? COMMISSIONER WILLIAMS: For the discussed property. ii-io-oa 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 COMMISSIONER LETZ: Of property -- of discussed ~ property. COMMISSIONER WILLIAMS: Second. COMMISSIONER LETZ: And Commissioner Letz will coordinate that with Mr. Gipson. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded as indicated. 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. Anything further, gentlemen? Any reason to come back this afternoon? COMMISSIONER WILLIAMS: Airport Board meeting. JUDGE TINLEY: We'll be adjourned. (Commissioners Court adjourned at 11:31 a.m.) ii-io-os 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 13th day of November, 2008. JANNETT PIEPER, Kerr County Clerk BY: ___ ~ ~~~rc.lG -__ ___ Kathy nik, Deputy County Clerk Certified Shorthand Reporter 11-10-08 ORDER NO. 31084 2009 KERR COUNTY MARKET DAYS AGREEMENT Came to be heard this the 10th day of November, 2008, with a motion made by Commissioner Baldwin. seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve the renewal of the Agreement with Kerr County Market Days for 2009, along with the schedule as presented: March 28 April 25 May 23-24 June 27 July 25 August 22 September 26 October 24 November 27-28 December 19 ORDER NO. 31085 CONTRACT BETWF,EN KERR COUN"TY JUVENILE DETENTION FACILITY AND SUZANNE EDWARDS, R.N. Came to be heard this the 10th day of November, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve Contract between Kerr County Juvenile Detention Facility and Suzanne Edwards, R.N., to provide nursing services to the Juvenile Detention Facility. ORDI~;EZ NO. 31086 TRANSFER OF At1TOMOBILE FROM JUVENILE DETENTION FACILITY TO JUVENILE PROBATION DEPARTMENT Came to be heard this the 10th day of November, 2008, with a motion made by Commissioner LetT, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve transfer of automobile from Juvenile Detention Facility to Juvenile Probation Department, and transfer of 14-15 passenger van from Juvenile Probation Department to the Juvenile Detention Facility. ORDER NO. 31087 KEKR COUNTY PLAN PROVISION FOR PLAN YEAR 2009 WITH TEXAS COUNTY AND DIS1'R[C"l RETIREMENT SYSTEM (TCDRS) Came to be heard this the 10th day of November, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Adopt and. certify Kerr County Plan Provision for Plan Year 2009 with Texas County and District Retirement System (TCDRS), (Proposed Plan 1, which includes CPI-based 50 percent COLA for retirees, and the 230 percent contribution rate by the County to apply to future deposits only). ORDER NO. 31088 REAPPPOINT PATRICE DORRIES TO ALAMO AREA SENIOR ADVISORY COMMITTEE Came to be heard this the 10th day of November, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve reappointment of Patrice Dorries to the Alamo Area Senior Advisory Committee effective January 1, 2009, and forward appropriate notification to AACOG. ORDER NO. 31089 USE OF FLAT ROCK LAKE PARK Came to be heard this the 10th day of November, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve use of Flat Rock Lake Park by Veterans of Foreign Wars, May 22-24, 2009, for a Barbeque Cookoff, and by the American Legion Post 208, April 10-12, 2009, for the Easter Festival and Chili Cookoff. ORDER NO. 31090 AGKF,EMF_,NT FOR TERMINATION OF ALL EXISTING AGREEMENTS BETWEEN KERR COUNTY AND UPPER GUADALUPE RIVER AUTHORITY (UGRA) Came to be heard this the 10th day of November, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve Agreement for Termination of all existing Agreements between Kerr County and the Upper Guadalupe River Authority (UGRA) for the ownership, maintenance and operation of the Kerrville South Wastewater System, Phases I, II and III; accept UGRA's payment of $25,000 matching funds for use in construction of Phase IV; and the transfer of Phase IV assets to the City of Kerrville upon completion of construction. ORDER NO. 31091 ANNUAL COMMISSARY AUDIT Came to be heard this the 10th day of November, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0 to: Accept the Annual Commissary Audit, as presented. ORDER NO. 31092 CONTRACTS WITH VOLUNTEER FIRE DEPARTMENTS AND KERR COUNTY SPONSORED ENTITIES Came to be heard this the 10th day of November, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve Contracts with Kerr County Sponsored Entities and Volunteer Fire Departments, and authorize County Judge to sign same: K' S tar Hill Country CASA Hunt Volunteer Fire Department Ingram Volunteer Fire Department Mountain Home Volunteer Fire Department Tierra Linda Volunteer Fire Department ORDER NO. 31093 SAFE"TY COMMITTEE Came to be heard this the 10th day of November, 2008, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Appoint the Safety Committee as per the proposed/suggested members presented: Pat Tinley, County Judge Rusty Hierholzer, County Sheriff Leonard Odom, Road and Bridge Administrator Nancy Robison, Sheriff's Department Kevin Stanton, Juvenile Detention Facility Director Eva Hyde, Human Resources Director Cindi Scherwitz, Human Resources Tim Bollier, Maintenance Supervisor ORDER NO. 31094 PARTICIPATE IN THE PARTICIPANT STATISTICAL AREAS PROGRAM (PSAP) CRITERIA FOR THE 2010 CENSUS AND BEYOND AND CONTRACT WITH AACOG Came to be heard this the 10th day of November, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve Option 1, in the amount of $675.00, with the funds to come from the Professional Services line item, to participate in the Participant Statistical Areas Program (PSAP) Criteria for the 2010 Census and Beyond and Contract with AACOG to perform this work. ORDER NO. 31095 DESIGNATE ALTERNATE INDIVIDUAL(S) TO APPROVE FLOOD PLAIN PF,RMITS OR OTHER FLOOD PLAIN AUTHORIZATIONS IN THE ABSENCE OR OTHER UNAVAILABILITY OF THE REGULARLY DESIGNATED COUNTY FLOOD PLAIN ADMINISTRATOR Came to be heard this the 10th day of November, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Authorize Road & Bridge Department to contract with John Hewitt, Hewitt Engineering, for flood plain permit certification work, and authorize the use of John Hewitt's services at the rate of $110.00 per hour, with the work to begin effective immediately after a Contract is signed, and with the direction to the County Attorney, as soon as possible, to approve the Contract for the Judge's execution for that purpose. ORDF,R NO. 31096 CLAIMS AND ACCOUNTS Came to be heard this the 10th day of November, 2008, came to be considered by the Court various Commissioners Precincts, which said Claims and Accounts are: Accounts Expense 10-General $ 111,463.02 15-Road & Bridge $ 34,133.28 18-County Law Library $ 92.00 21-Title IV-E $ 250.45 23-Juvenile State Aid Fund $ 1,378.45 27-Juv Intensive Prog-State $ 9,150.00 31-Parks $ 2,900.00 35-JPO Grant G $ 4,700.00 40-Alt Dispute Resolution $ 15,000.00 50-Indigent Health Care $ 34,101.45 70-Permanent Improvement $ 3,752.30 76-Juv Detention Facility $ 2,724.74 82-SO Law Enforcement `~ 3,353.56 83-216`x' District Attorney $ 331.16 86-216r~' CSCD $ 319.57 TOTAL $ 223,649.98 Upon motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by vote of 4-0-0 to pay the claims and accounts. ORDER NO. 31097 MONTHLY REPORTS Came to be heard this the 10th day of November, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve the Monthly Reports from: Constable Pct #4 Constable Pct # 1 County Clerk JP #3 JP #2 ORDER NO. 31098 ACQUISITION OF MAINTENANCE YARD BY ROAD & BRIDGE DEPARTMENT Came to be heard this the 10th day of November, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0 to: Authorize Beck Gipson to prepare an appraisal for the discussed property.