1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, July 26, 2004 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 PRESENT: PAT TINLEY, Kerr County Judge 23 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 24 DAVE NICHOLSON, Commissioner Pct. 4 25 ABSENT: H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 2 1 I N D E X July 26, 2004 2 PAGE --- Commissioners' Comments 4 3 1.1 Approve appointment of election judges and alternates for term of one year 19 4 1.2 Approve polling locations 20 1.3 Consider Extension Service secretary entry-level 5 starting pay at a 14-2 22 1.4 Lateral transfer from Kerr County jail clerk to 6 Facilities Use and Maintenance event scheduling clerk, 12-2 to a 14-2 24,42 7 1.5 Approve road names for privately maintained roads 30 1.6 Concept plans and variances for Dan Cowart 8 properties, Precinct 1 32 1.8 Commissioners Court resolution promoting joint 9 study team effort for the purpose of identifying opportunities to improve the provision of law 10 enforcement services while reducing costs 43,62 1.7 PUBLIC HEARING - alternate plats in Falling Water, 11 Precinct 3 50 1.9 Consider leasing 2.1 acre property located on 12 State Highway 27 to Mountain Home Volunteer Fire Department 50 13 1.10 Authorize display in courthouse of portrait of former County Court at Law Judge 52 14 1.11 Memorandum of agreement between Texas Department of Health and Kerr County concerning receipt, 15 storage, delivery, and transfer of medical material from the strategic national stockpile 54 16 1.12 Approval of resolution by Commissioners Court of Kerr County, Texas authorizing the filing of a 17 second amendment to the Articles of Incorporation of the Alamo Area Housing Finance Corporation 60 18 1.13 Interlocal agreement for joint management of Kerr County/Kerrville Airport 68,92 19 1.14 Consider & discuss Airport Management Contract 84 1.15 Resolution authorizing Kerr County to file an 20 application with Texas Water Development Board for grant money for Center Point wastewater system 95 21 4.1 Pay Bills 101 22 4.2 Budget Amendments 101 4.3 Late Bills --- 23 4.4 Approve and Accept Monthly Reports 112 5.1 Reports from Commissioners/Liaison Committee 24 Assignments 113 25 --- Adjourned 119 3 1 On Monday, July 26, 2004, at 9:00 a.m., a special meeting 2 of the Kerr County Commissioners Court was held in the 3 Commissioners' Courtroom, Kerr County Courthouse, Kerrville, 4 Texas, and the following proceedings were had in open court: 5 P R O C E E D I N G S 6 JUDGE TINLEY: Good morning, ladies and 7 gentlemen. Let me call to order the meeting of the Kerr 8 County Commissioners Court scheduled for this time and date, 9 Monday, July the 26th, at 9 a.m. It's that time now. I'd 10 like to recognize my good friend, Reverend Al Shults, from 11 Motley Hills Baptist Church, and the good reverend is also a 12 spiritual adviser and mentor and kind of a de facto chaplain 13 at Kerr County Detention Facility, and I've asked him to be 14 here with us this morning. Will you please stand? 15 (Prayer and pledge of allegiance.) 16 JUDGE TINLEY: Thank you very much. 17 MR. SHULTS: Judge, thank you. May I make a 18 comment real quick? 19 JUDGE TINLEY: Yes, sir. 20 MR. SHULTS: I'm glad the Sheriff's here, 21 because you almost look like a rogue's gallery this morning. 22 COMMISSIONER WILLIAMS: You forgot to 23 mention, Judge, that Reverend Albert serves honorably on the 24 Library Advisory Board as well. 25 JUDGE TINLEY: I apologize for that omission. 7-26-04 4 1 Thank you for being here. At this point, we have the 2 visitors' portion of the agenda. If there's any member of 3 the public that wants to address the Court on any matter 4 that is not listed on the agenda, you're privileged to come 5 forward at this time. If you want to speak on a matter that 6 is listed on the agenda, we would ask that you wait until 7 that agenda comes up, and we would prefer that you fill out 8 a participation form. It's available at the back of the 9 room. It's not essential, but it helps us sometimes to not 10 miss you when that agenda item comes up. So, if you have 11 not filled out a participation form, or if you have, and 12 if I've lost it in the shuffle up here, when that item comes 13 up, if you would do whatever is necessary to get my 14 attention so that you're allowed to have your say about that 15 item, I would ask that you do that. But right now, if 16 anybody has anything they want to say on a matter that's not 17 listed on the agenda, come forward at this time. There 18 being none, we'll move on to the next portion. I note that 19 Commissioner Baldwin, having previously notified us that he 20 was going to be on vacation, is not here, so we'll come to 21 you, Commissioner Williams. 22 COMMISSIONER WILLIAMS: Judge, with your 23 permission, of course, I'd like to let everybody else speak 24 and come back to me, if you will. I have something really 25 interesting this morning I want to bring to the Court's 7-26-04 5 1 attention. It's not an agenda item. It's different, and I 2 will not talk for a minute or two about it. 3 JUDGE TINLEY: Okay, we'll come back to you. 4 Commissioner Letz? 5 COMMISSIONER LETZ: I can hardly wait now. 6 I'll make my comments brief. We had a great rain in the 7 eastern part of the county; in the western part, too. I 8 know the eastern part first got hit by a big storm; then the 9 west got hit. I drove to the west, got hit by a storm in 10 the west. So, pretty good rains for July. That's all the 11 comments I have. 12 COMMISSIONER NICHOLSON: Got a lot of winds, 13 too. I noticed tree limbs, quite a bit of minor damage at 14 least. And I -- I'm not going to say any more; I got to 15 listen to Commissioner Williams. 16 JUDGE TINLEY: I have one item. I know that 17 all of y'all have been made aware that our Family and 18 Consumer Specialist with the Extension Service, Ms. Amy 19 Chapman, has left the Extension Service. I hope 20 temporarily, but that's the bad news. The good news is that 21 we're going to be able to get the benefit of her services as 22 a volunteer on a lot of the various functions that she was 23 performing, and I've put her on notice of that, and have 24 indicated that's our expectation. She's assured me that 25 the -- the Wellness Program that she's initiated, the 7-26-04 6 1 educational programs that she's initiated in connection with 2 that Wellness Program will go forward. I think it's real 3 important that it do. Do? Does. Is that better? Okay. 4 The district Extension Office is working on filling that 5 position. They are -- they're going to be in contact with 6 the Court when they've got a group of applicants they want 7 us to consider. We're very, very sorry to lose Amy at this 8 time. We understand the rationale behind her departure, but 9 that doesn't make it any easier. But we're still going to 10 -- we're still going to get as much work out of her as we 11 can as a private citizen and volunteer. With that said, I 12 wait with bated breath with the rest of you for Commissioner 13 Williams' announcement. 14 COMMISSIONER WILLIAMS: Well, thank you, 15 Judge. We've each done a lot of things in our life and 16 participated in a lot of events, and participated in 17 fundraising and done a lot of things for the benefit of our 18 community, but I doubt very seriously if any of us have ever 19 participated in or been aware of chicken racing for the 20 benefit of Little League. I see Commissioner Letz smiling; 21 maybe he did. I don't know. But we got a couple friends in 22 Center Point who are involved in -- in putting on a 23 fundraiser to benefit the Center Point Little League. I'm 24 going to ask them to come up to the podium in a minute. We 25 need a little guidance. There's no agenda item, but, Mark, 7-26-04 7 1 you and Kim come up, please, to the podium, and tell us just 2 briefly what you're going to do. 3 MR. ABBOTT: Judge, Commissioners -- 4 COMMISSIONER WILLIAMS: And then I'll tell 5 the Court what the little problem is, see if we can talk 6 around it, give a little guidance to Mr. Odom and maybe to 7 the Sheriff, who doesn't want the road shut down, but that's 8 kind of preempting the whole thing. Go ahead, Mark. 9 MR. ABBOTT: Thank you. What started out 10 as -- to be a very local fundraiser has now become 11 statewide, nationwide. We've got participants from 12 California, New York, Florida, Nebraska, Oklahoma. They're 13 going to be either at the race or have either sponsored a 14 chicken in the race. We figured we'd have about 20 or 30 15 people there. Now we've got 60 entries. That's one person 16 per chicken. They might bring five or six more people, plus 17 the people that will show up at the rays. We didn't 18 anticipate this thing getting out of hand like this. And 19 this is the first time that I know of this has ever been 20 done. We've got on the internet; we talked to people all 21 over the United States and the state about how you do this, 22 and nobody's got any ideas. We are going to post the rules 23 for the race five minutes prior to the race, so there -- you 24 know, it will be that. And, like I say, the majority of the 25 money is going to be to benefit the Center Point Little 7-26-04 8 1 League, and this race is going to be held the last Saturday, 2 which will be the 31st of this month. 3 COMMISSIONER WILLIAMS: Forthcoming Saturday. 4 COMMISSIONER LETZ: This forthcoming 5 Saturday. It sure is. And we've got prizes for the 1st, 6 2nd, and 8th place chicken that's going to be in the race. 7 And what we're asking for is -- again, is some guidance on 8 how we can -- we've got 7 acres that we're putting this on. 9 It's on a small road, the River Road right there in Center 10 Point. I believe we've got ample parking. But, again, it's 11 the -- the road's so narrow there, we're wondering about 12 traffic control. 13 COMMISSIONER WILLIAMS: Let me see if I can 14 get the issue focused a little bit, Judge. Mr. Odom and the 15 Sheriff and I met with -- Kim, come up here, please -- with 16 these good folks and others who are participants in this 17 event, and they originally thought they'd like to shut the 18 road down. Well, the Sheriff was against that. I was 19 against that. Mr. Odom was against shutting the road down. 20 The traffic is heavy there. The issue is, people come 21 whipping through there pretty fast; they're going to have a 22 crowd, so how do you control that? I'm not sure exactly, 23 except that the suggestion was rendered that perhaps the 24 Road and Bridge folks have some wigwag slow-down signs or 25 stop signs, and if they were to man the road and -- and kind 7-26-04 9 1 of slow the traffic down so that people could come and go, 2 maybe that would be good. So what we're looking is to have 3 a little guidance. Anybody got an idea? And maybe you'll 4 even get an invite to the chicken race if you're really -- 5 have nothing else to do next Saturday. 6 JUDGE TINLEY: Bill, I was hoping to have an 7 entry. I want to find out what the entry deadline is. 8 COMMISSIONER WILLIAMS: Maybe we -- 9 MR. ABBOTT: Up until the first race. 10 JUDGE TINLEY: I see. 11 COMMISSIONER WILLIAMS: Maybe we could have a 12 Commissioners Court chicken? 13 COMMISSIONER LETZ: Bill, where -- where's 14 the race exactly? Give me the -- 15 COMMISSIONER WILLIAMS: At the -- on C.P. 16 River Road, just before you get to the old city limits right 17 there, is a botanical garden and -- Backdoor Pottery and 18 Botanical Garden. Now, the gentleman who owns that and has 19 built this botanical garden full of iguanas and other good 20 stuff, it's on his grounds, which he's got about 5 acres or 21 more. 22 MR. ABBOTT: 5 to 7 acres. I believe -- 23 COMMISSIONER WILLIAMS: They're going to do 24 this there. The problem is, whatever parking has to take 25 place will be across the street, or any -- maybe even on the 7-26-04 10 1 road. And traffic does come whipping through there pretty 2 quickly -- pretty fast. And, so, they were looking for a 3 little help. The Sheriff doesn't want to shut the road 4 down. I understand that; we don't want to shut the road 5 down, but we need a little help, maybe slow-down signs or 6 maybe some barricades or something, post some signs and say 7 "Event Fundraising Event - Slow Down," that type of thing. 8 COMMISSIONER LETZ: The race itself is on the 9 private -- on the property? 10 COMMISSIONER WILLIAMS: On private property, 11 not on the road. 12 COMMISSIONER LETZ: Not on the road? 13 COMMISSIONER WILLIAMS: Not on the road. 14 JUDGE TINLEY: We're going to have citizens 15 parking on one side of the road, going to the event on the 16 other side of the road? 17 COMMISSIONER WILLIAMS: Yes, sir. 18 JUDGE TINLEY: Back and forth? 19 COMMISSIONER WILLIAMS: Right. 20 JUDGE TINLEY: And there's some blind -- 21 blind spots as you approach from the other end? 22 MR. ABBOTT: Not necessarily blind, but there 23 is a small curve to where it narrows down to where the 24 bridge is, right before you get to where the event's going 25 to take place. 7-26-04 11 1 COMMISSIONER WILLIAMS: The road narrows down 2 so that that water -- stormwater thing that TexDOT put in 3 years ago -- I think TexDOT put it in, 'cause it comes off 4 Highway 27. 5 COMMISSIONER LETZ: Right. I don't know why, 6 I mean, we can't put either a -- you know, assuming you 7 put -- Rusty's going to have a patrol in the area. You 8 could put that patrol -- they could just happen to be on 9 River Road at that point, which would -- and then I don't 10 see why Road and Bridge -- or if we have any signs, like 11 event signs that we use out at the Ag Barn -- I guess TexDOT 12 does those? 13 COMMISSIONER WILLIAMS: What do you got 14 available, Leonard? 15 MR. ODOM: I'm sorry. What, sir? 16 COMMISSIONER LETZ: Any kind of -- you 17 know -- 18 MS. KIM WILLIAMS: Festival sign. 19 COMMISSIONER LETZ: Anything we can use. 20 COMMISSIONER WILLIAMS: Event signs, 21 slow-down signs. 22 MR. ODOM: Well, we have paddles that they 23 could use. 24 COMMISSIONER WILLIAMS: "Slow" paddles? 25 MR. ODOM: Yeah. We have some signs that may 7-26-04 12 1 say "Slow." Do we have anything -- we have some -- we can 2 say slow. We'll have to look at it, but anything that says 3 festival or anything like that, we don't have. We don't 4 have anything other than what the manual -- the M.U.T.C.D. 5 would say. We normally follow that -- that manual. 6 COMMISSIONER WILLIAMS: We noticed at the 7 meeting the other day that when the Sheriff's car was parked 8 in front of this place, as well as mine and others, traffic 9 just slowed down, so the deputy cars out there making the 10 rounds probably would help. 11 MR. ODOM: We could put something like, "Slow 12 Ahead." 13 COMMISSIONER LETZ: Yeah. 14 MR. ODOM: Something like that down through 15 there. And then they would probably need to have traffic 16 control in some way. 17 MS. KIM WILLIAMS: We do have volunteers that 18 are going to help from the Center Point Little League. 19 MR. ABBOTT: Right. And also, we've got 20 quite a few adult volunteers that are going to be handling 21 just the -- holding a sign that says "slow," help with the 22 parking and help direct where people need to go. We're 23 discouraging anybody parking along the road. 24 COMMISSIONER WILLIAMS: Good. 25 MR. ABBOTT: We've got -- I believe we've got 7-26-04 13 1 ample parking across the road in that large field, and we've 2 also talked to a couple of the neighbors that have some of 3 the river property also. They said no problem. 4 JUDGE TINLEY: You're in a position to have 5 one or two people on either end -- 6 MR. ABBOTT: Yes, sir. 7 JUDGE TINLEY: -- wearing reflective -- 8 MS. KIM WILLIAMS: Yes. 9 JUDGE TINLEY: -- orange vests and have 10 paddles and whatnot, and then I understand that you can put 11 up a barricade, "Slow Ahead"? 12 MR. ODOM: Yes. 13 JUDGE TINLEY: Coming from either direction. 14 That'll seem to solve the safety issue that we've got 15 involved here if we're going to have a lot of citizens 16 moving back and forth across the road. 17 COMMISSIONER LETZ: I think Commissioner 18 Nicholson had a great idea. It would free up the deputies 19 to see if Constable Ayala and Garza will -- 20 COMMISSIONER WILLIAMS: Yeah, we'll get 21 Constable Ayala out there for sure, maybe Constable Garza. 22 COMMISSIONER LETZ: That way, Rusty wouldn't 23 have to keep a deputy there. They could be in the area, but 24 not -- 25 SHERIFF HIERHOLZER: I've already instructed 7-26-04 14 1 our people to have somebody that pretty well stays in that 2 area, because I think it's supposed to be from what, like, 3 9:00 to 4:00 or something? 4 MR. ABBOTT: 10:00 -- we're going to get 5 organized at 10:00 in the morning. I would imagine the 6 first race will start at 1 o'clock on Sunday. I -- I have 7 no idea. This is -- but we're trying to -- we're looking at 8 starting the race at 11 o'clock. 9 SHERIFF HIERHOLZER: It's just a very small 10 area that's right there on the road, and the problem is, the 11 crowd they're very likely going to have is really going to 12 cause some hazards going back and forth across that road. 13 That road, on Saturdays and Sundays, are -- are extremely 14 busy right now because of Brink's Crossing, the people that 15 go down there and everything. But it -- it's not really a 16 blind curve, but it's a very difficult-to-see curve, and 17 technically, the speed limit in that area is 50 miles an 18 hour, even though it's posted different, 'cause there's no 19 more incorporation of Center Point city limits, so that 30 20 is not accurate. But there are -- and I know Leonard's 21 working on that, but there's just some -- there's some real 22 concerns with that number of people and kids going back and 23 forth across the road. But if you shut down that road, they 24 have to go all the way up to Sutherland Road or turn around, 25 you know, to get out of that area. Either come all the way 7-26-04 15 1 back up 173, or turn on Sutherland Road, and that's going to 2 cause even more of a traffic hazard around the springs and 3 all that area. So, you know, on the Center Point side, they 4 can turn up one of the side streets there and be all right, 5 but it's just -- to close it down, I felt like I had to get 6 a court order to do that. I think it's extremely hazardous 7 to try and close that road down on a weekend. But all I can 8 do is try and have somebody in the area. And I suggested to 9 them, you know, the slow signs, or even if they just put 10 sticks along both sides of the road with balloons on them, 11 something to get people's attention before they get to it, 12 to start hopefully slowing way down. 13 MR. ABBOTT: Right. We've got adequate 14 volunteers that are going to be manning the -- again, the 15 parking, and maybe two or three up and down each side -- 16 each end of the road where the event's going to be held, to 17 have "Slow" signs and to -- and to just -- to get the 18 traffic down to where it's -- 19 COMMISSIONER WILLIAMS: Well, if you folks 20 will check -- touch in with Mr. Odom or Ms. Hardin at Road 21 and Bridge to have some paddles or some -- some things that 22 you can use to help -- help you -- 23 MR. ABBOTT: Okay. 24 COMMISSIONER WILLIAMS: -- I'm sure that they 25 can help you out. And some vests. Leonard? 7-26-04 16 1 MR. ODOM: Go ahead, sir. 2 COMMISSIONER WILLIAMS: And then I will 3 contact Constable Ayala and see if he and Constable Garza 4 can also be over there. Their cars are parked there and 5 they have lights on them and so forth, and their presence 6 will help you. That will keep the Sheriff's deputies from 7 being tied up all day, or most of the day. And I wish you 8 well, and thank you for coming. And, by the way, that's the 9 Kerrville Daily Times there, and I know she's going to want 10 to do a story on the chicken races. 11 JUDGE TINLEY: Leonard? 12 MR. ODOM: Yes, sir. What I would ask is 13 that -- we have a safety film, and I think it would behoove 14 us to have them come by, who's ever volunteering for traffic 15 safety and all that. We have the video there. I have a TV 16 there to do that, and we have safety films, and let the 17 people see that film that are directing traffic. We'll put 18 out signs, like "Slow Ahead" or "Pedestrian Ahead." We'll 19 put pedestrian signs, something like that for you. But I 20 would ask the Court, while they're out there directing 21 traffic, that they should have some training. And they 22 could look at that film, and that somewhat suffices the 23 reasonable concern of being able to direct traffic out on a 24 public road. 25 JUDGE TINLEY: Excellent point. 7-26-04 17 1 MR. ODOM: I'd feel more comfortable for them 2 to do that. 3 MR. ABBOTT: We need to call your office and 4 set up a time? 5 MR. ODOM: Any time you want -- yes, you can 6 call Truby here and do that. We're open most of the time. 7 I don't think we have anything scheduled as far as that 8 conference room. 9 MR. ABBOTT: Okay. 10 MR. ODOM: But I would like for y'all to do 11 that. That is safety for y'all as well as the -- as the 12 public out there when we're doing that. And we'll furnish 13 the vests and the paddles and some signs for you. But if 14 you coordinate it with Truby, I'd appreciate it. 15 MR. ABBOTT: We'll do it. 16 COMMISSIONER WILLIAMS: Good luck. 17 MS. KIM WILLIAMS: Thank you very much. 18 COMMISSIONER NICHOLSON: I got one question; 19 maybe Mr. Odom can answer it. Mr. Odom, is it true that 20 Texas A & M plans to enter a duck in the chicken race? 21 (Laughter.) 22 MR. ODOM: Could be. Probably. My luck, it 23 would be a pigeon, fly away. 24 COMMISSIONER NICHOLSON: You don't bet on the 25 duck. 7-26-04 18 1 MR. ODOM: We'll get something that will fly 2 probably instead of run. So -- 3 SHERIFF HIERHOLZER: The only other comment, 4 I will say we'll have to keep them off the road, because it 5 is so narrow. If anybody -- 6 MR. ABBOTT: Oh yes. 7 SHERIFF HIERHOLZER: If y'all can help us do 8 that, 'cause if they park and get out of the car and lock it 9 up on the side of the road with the wheels up on the 10 pavement, as narrow is that is, we're going to have to tow 11 them. 12 MS. KIM WILLIAMS: Okay. 13 SHERIFF HIERHOLZER: So I would suggest -- 14 and your parking people, encourage them to keep that road 15 totally clear. 16 MR. ABBOTT: Oh, we are not going to have 17 anybody park along the side the road. No, not at all. 18 SHERIFF HIERHOLZER: Because if you park 19 alongside of the road, you're going to have kids going out 20 of cars and blind spots and everything else. Just keep them 21 totally out of the roadway. 22 MR. ODOM: Right. And the reason we came to 23 the Court, Commissioner, is because of the delay in -- in 24 the timing. It wasn't on the agenda, so we wanted some 25 guidance from you, and I think that's acceptable. But, as 7-26-04 19 1 far as being able to get on the agenda, we couldn't get it 2 in time, so we apologize. 3 JUDGE TINLEY: Appreciate it. 4 COMMISSIONER LETZ: Thank you. 5 COMMISSIONER WILLIAMS: Thank you, and good 6 luck. 7 COMMISSIONER LETZ: Good luck. 8 JUDGE TINLEY: And I'm going to see if I can 9 come up with some -- some entry that will get that coveted 10 8th-place trophy. 11 MR. ABBOTT: Oh, it's a nice silver 12 medallion, too. Thank you. 13 JUDGE TINLEY: Okay. Let's move on with the 14 business at hand. First item on the agenda is consider, 15 discuss, and approve the appointment of election judges and 16 alternates for term of one year, in accordance with Election 17 Code Section 32. Ms. Pieper. 18 MS. PIEPER: Okay. Gentlemen, this is a 19 formality we go through every July, appointing our election 20 judges and alternates. The Republican and Democratic chairs 21 have selected their names and submitted them to me, and 22 therefore I'm submitting them to you for approval. 23 COMMISSIONER LETZ: I move approval of the 24 names as submitted. 25 COMMISSIONER WILLIAMS: Second. 7-26-04 20 1 JUDGE TINLEY: Motion made and seconded for 2 approval of the election judges in accordance with the 3 agenda item. Any further question or discussion? All in 4 favor, signify by raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: That motion does carry. Next 9 item on the agenda is consider and discuss approving the 10 polling locations in accordance with Chapter 43 of the Texas 11 Election Code. 12 MS. PIEPER: Okay, gentlemen. This is the 13 list of the polling locations that we have used in the past. 14 Precinct 320, before we had consolidated it with 314, but 15 because it was an original polling location, we -- when we 16 redistricted, I went ahead and listed it. The only thing I 17 forgot to list is the early voting will be held downstairs. 18 COMMISSIONER WILLIAMS: Move approval. 19 COMMISSIONER LETZ: Second. 20 JUDGE TINLEY: Do we need to add to this, 21 "early voting, lower level courthouse"? 22 MS. PIEPER: Yes. 23 JUDGE TINLEY: Okay. And that's encompassed 24 within your motion, Commissioner? 25 COMMISSIONER WILLIAMS: Yes, sir. 7-26-04 21 1 COMMISSIONER LETZ: Jannett, on the three -- 2 Precinct 320, we have 90 days prior to the election to 3 change that location? 4 MS. PIEPER: Yes. 5 COMMISSIONER LETZ: Okay. 6 JUDGE TINLEY: Motion made and seconded for 7 approval of the polling places as specified in the -- with 8 the agenda item, with the exception of the addition of early 9 voting to be at the lower level of the Kerr County 10 Courthouse. Any further question or discussion? 11 COMMISSIONER NICHOLSON: Got a question for 12 Ms. Pieper. As you know -- you've heard about it; I have 13 also -- there's been some annoyance and confusion from 14 people who apparently are in the Mountain Home area about 15 having to go to Divide to vote. 16 MS. PIEPER: That has been corrected. 17 COMMISSIONER NICHOLSON: I thought it had. 18 So we probably won't be hearing about that again this time. 19 MS. PIEPER: Right. 20 COMMISSIONER NICHOLSON: Thank you. 21 JUDGE TINLEY: Any further questions or 22 discussion? All in favor of the motion, signify by raising 23 your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 7-26-04 22 1 (No response.) 2 JUDGE TINLEY: That motion does carry. Thank 3 you, Ms. Pieper. 4 MS. PIEPER: Thank you. 5 JUDGE TINLEY: The next item on the agenda is 6 consider and discuss the Extension Service secretary 7 entry-level starting pay at -- at a 14-2. Mr. Walston? 8 MR. WALSTON: Yes, sir. Judge and 9 Commissioners, appreciate y'all giving me the opportunity. 10 We've just recently hired Jamie McClintock to fill our 11 vacancy in secretary position. Jamie was previously with -- 12 her effective date will be the 1st of August. She was 13 previously with the Facilities Use and Maintenance there in 14 our office, and scheduling with Glenn Holekamp, and she will 15 be taking our secretary's position. And those two 16 positions, she -- she's currently at the 14-2 level, and 17 she's -- we're just wishing to maintain a lateral transfer 18 in that position. 19 COMMISSIONER LETZ: So moved. 20 COMMISSIONER WILLIAMS: This becomes a 21 full-time position for her; is that right? 22 MR. WALSTON: Yes, sir. Yes, sir, it's 23 full-time. 24 COMMISSIONER WILLIAMS: You move it? 25 COMMISSIONER LETZ: Yes. 7-26-04 23 1 COMMISSIONER WILLIAMS: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval of the agenda item. Any question or discussion? 4 COMMISSIONER LETZ: Just -- 5 COMMISSIONER NICHOLSON: Any precedent 6 setting here that we need to be concerned about? 7 COMMISSIONER LETZ: We've done this before, 8 similar. Usually we do it at higher levels. 9 JUDGE TINLEY: She's at a 14-2 now? 10 MR. WALSTON: She's at a 14-2 now. 11 JUDGE TINLEY: It's a lateral. I don't think 12 we can -- 13 COMMISSIONER LETZ: Yeah. 14 JUDGE TINLEY: I don't think we can do it any 15 other way. Either that or more, isn't it? 16 COMMISSIONER LETZ: And the only reason it's 17 before us is because it's a 2, not Level 1. 18 JUDGE TINLEY: Any further question or 19 discussion? All in favor of the agenda item and motion, 20 signify by raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: That motion does carry. Thank 25 you very much, Mr. Walston. Next item on the agenda is 7-26-04 24 1 consider and discuss doing a lateral transfer from Kerr 2 County Jail Clerk to Facilities Use and Maintenance and 3 Event Scheduling Clerk, 12-2 to a 14-2 due to experience and 4 longevity with Kerr County, on the basis of qualifications 5 exceeding required knowledge of job. Mr. Holekamp put this 6 item on the agenda. He's on vacation today. I suspect that 7 most of us have had some discussion with Mr. Holekamp. 8 COMMISSIONER LETZ: This is the same -- same 9 as the previous one, basically, and just another lateral 10 move. 11 JUDGE TINLEY: Yeah. And it's moving over 12 into the same grade that that position was held previously. 13 COMMISSIONER LETZ: But this one is going 14 from a 12 to a 14? But -- 15 JUDGE TINLEY: I can only assume that from 16 looking at the agenda item. Because of the job description 17 change, apparently. 18 COMMISSIONER WILLIAMS: Also, that raises a 19 question as to where this individual will be working out of. 20 Jamie was working out of the Extension -- 21 MR. WALSTON: Out of our office. 22 COMMISSIONER WILLIAMS: Part-time for you and 23 part-time for -- for Mr. Holekamp. Now she's full-time for 24 you. 25 MR. WALSTON: Yes, sir. 7-26-04 25 1 COMMISSIONER WILLIAMS: So, I assume that 2 this individual will work out of here. That's an 3 assumption; I don't know that. 4 JUDGE TINLEY: There are some -- I don't 5 think there's been any finality that's been nailed down 6 there yet. 7 COMMISSIONER WILLIAMS: Okay. 8 JUDGE TINLEY: There are some discussions 9 that are to be underway shortly, as soon as Mr. Holekamp 10 returns, to try and see if we can't get some sort of an 11 equitable shared arrangement that would really be a win-win 12 situation for both -- both departments. That's the approach 13 that we're working on. 14 COMMISSIONER NICHOLSON: Is this going -- one 15 person -- one job is going from half-time to full-time? 16 We're increasing our payroll cost? 17 JUDGE TINLEY: No. Actually, what happened 18 was, the -- the full-time at the Extension Service left the 19 service. The individual that was part-time Maintenance, 20 part-time Extension Service moved over, and is now full-time 21 at the Extension Service. 22 COMMISSIONER NICHOLSON: So this doesn't 23 increase payroll costs by adding a half a person? 24 COMMISSIONER LETZ: Actually, we're reducing 25 half a person, aren't we? 7-26-04 26 1 COMMISSIONER WILLIAMS: No. 2 MR. WALSTON: No, we're doing the same thing 3 we have. 4 JUDGE TINLEY: We're trying to do the same 5 thing. 6 MR. WALSTON: We're doing the same thing. 7 It's just we're shifting people. The positions are the 8 same. 9 COMMISSIONER LETZ: But the difference in 10 this one and the previous one is that it's a -- it's a 11 higher level position. 12 MR. WALSTON: Yes. 13 COMMISSIONER LETZ: I mean, this is going 14 from a -- the current employee is a 12-2, and going to a 15 14-2, as opposed to a 14-1. 16 JUDGE TINLEY: Yes, but coming into a 17 different job which already has a -- that sort of a -- 18 SHERIFF HIERHOLZER: And the employee taking 19 that position is -- the jail clerk is a 14-2. She's earned 20 that 2 with her longevity and that. So I think -- 21 JUDGE TINLEY: So, this is lateral. 22 SHERIFF HIERHOLZER: It's lateral. She 23 should be -- I'd have to get my deal. She's -- I know she's 24 a 2. It should be a 14-2. 25 JUDGE TINLEY: Okay. 7-26-04 27 1 COMMISSIONER WILLIAMS: So, it's a lateral 2 transfer. 3 SHERIFF HIERHOLZER: So it should be pretty 4 close, but it may be up a little bit more than what Glenn 5 was, because of -- 'cause our secretary and clerk step and 6 grade is totally different than anybody else's. 7 COMMISSIONER LETZ: Yeah. 8 SHERIFF HIERHOLZER: It is -- actually, Mr. 9 Letz, it's lower. I'd have to go back and look at it 10 specifically, but -- 11 COMMISSIONER LETZ: I guess the only reason 12 -- to me, this is a little bit different, 'cause there's 13 a -- if we're going from a 12 to a 14, that's different than 14 going from a 14 to a 14. 15 JUDGE TINLEY: But I think, actually, this 16 employee is already at a 14-2 level, and being lateral, if I 17 understand the protocols correctly, they can't be penalized. 18 They can go one way, and that's up. 19 COMMISSIONER WILLIAMS: What was Jamie? 20 MR. WALSTON: She was at a 14-2 prior to -- 21 SHERIFF HIERHOLZER: 14-2 in theirs from the 22 jail clerk is going to be higher than what the jail clerk 23 currently is at right now. 24 (Low-voice discussion off the record.) 25 SHERIFF HIERHOLZER: It will be a step up for 7-26-04 28 1 that person. 2 COMMISSIONER LETZ: For the -- 3 MR. WALSTON: Jail clerk. 4 COMMISSIONER LETZ: -- jail person? 5 SHERIFF HIERHOLZER: For the jail person 6 going over to Maintenance is going to be -- or going over to 7 that secretary position is going to be a step up itself. 8 COMMISSIONER LETZ: What's the salary between 9 the -- what's a -- 10 MR. WALSTON: Salary on the 14-2? Or -- 11 COMMISSIONER LETZ: The salary on the jail 12 position to the new position. 13 SHERIFF HIERHOLZER: I think -- and I'd have 14 to look, and I can go out there and check and get back with 15 you today, but I think the current jail position is probably 16 17,000-something, and the one they're going to is 20. 17 JUDGE TINLEY: Hope to have that for you 18 shortly. 19 (Ms. Mitchell left the courtroom.) 20 SHERIFF HIERHOLZER: I'll go help her, 'cause 21 it's got to be that certain step and grade. 22 (Sheriff Hierholzer left the courtroom.) 23 MR. WALSTON: But as far as where that 24 position would be, we're -- we're currently looking at it 25 being there at our office, in our -- and filling the same 7-26-04 29 1 position that we had, is what we're looking at. 2 COMMISSIONER WILLIAMS: So, she'll be a 3 receptionist? 4 MR. WALSTON: She'd be part-time for both. 5 COMMISSIONER WILLIAMS: I guess I'm really 6 more interested in where the Facilities Use person is going 7 to operate from. 8 (Sheriff Hierholzer and Ms. Mitchell re-entered the courtroom.) 9 10 SHERIFF HIERHOLZER: She did not have the -- 11 MS. MITCHELL: Not for the secretary. 12 SHERIFF HIERHOLZER: -- secretary step and 13 grades for Sheriff's in there. 14 MS. MITCHELL: It's in the very back. 15 JUDGE TINLEY: Maybe there is no distinction. 16 Let me take a look here. I'm looking under the Sheriff -- 17 well, that's -- let me look at jail and see if there's 18 anything different there. 19 SHERIFF HIERHOLZER: It's being faxed over 20 right now, Your Honor. 21 JUDGE TINLEY: I'm looking at your position 22 schedule here. I'm looking at -- this is currently under 23 Jail Admin. Are those positions the same? 24 SHERIFF HIERHOLZER: Let me -- the secretary 25 is different. 7-26-04 30 1 JUDGE TINLEY: If that's the case, it's -- 2 SHERIFF HIERHOLZER: Let me see what 3 you're -- it's a totally different step and grade type of 4 deal. 5 JUDGE TINLEY: It's the same. 6 SHERIFF HIERHOLZER: You don't have names. 7 JUDGE TINLEY: Well, I'm looking at 14-2 8 under Admin. 9 SHERIFF HIERHOLZER: No, it's not -- 10 JUDGE TINLEY: All the way to the right-hand 11 column. 12 SHERIFF HIERHOLZER: No, it's not the same. 13 It's much lower. 14 JUDGE TINLEY: Okay. 15 SHERIFF HIERHOLZER: It will be here in just 16 a minute. 17 JUDGE TINLEY: Yeah. We can -- why don't we 18 move on to the next item? We'll come on back to that one. 19 Consider approving road names for privately maintained roads 20 in accordance with 9-1-1 guidelines. 21 MS. HARDIN: We have six privately maintained 22 roads, and there's a correction on the spelling on Cherokee. 23 COMMISSIONER WILLIAMS: Which one? 24 MS. HARDIN: Cherokee. 25 COMMISSIONER LETZ: It's O? Should be "O" in 7-26-04 31 1 there? 2 COMMISSIONER WILLIAMS: There's an "O" in it, 3 right? 4 MS. HARDIN: Correct. 5 COMMISSIONER WILLIAMS: Move approval. 6 COMMISSIONER NICHOLSON: Second. 7 JUDGE TINLEY: Motion made and seconded for 8 approval of the agenda item, with the exception of the 9 spelling of the name Cherokee, to be spelled 10 C-h-e-r-o-k-e-e. 11 COMMISSIONER WILLIAMS: Judge, I may have 12 preempted Ms. Hardin. 13 MS. HARDIN: I'd like to make one comment on 14 the "B.J. and the Bears." This -- the person who wanted to 15 name this road name, we tried to dissuade them from making 16 cutesy road names, because those are the signs that get 17 stolen. So, we did tell this person that should this sign 18 be stolen, they would have to pay to replace it each time. 19 Just for -- 20 COMMISSIONER WILLIAMS: Can you get that all 21 on one sign plate, anyhow? 22 MS. HARDIN: Oh, yeah, we can get it all on 23 one. 24 COMMISSIONER LETZ: They really want that as 25 their address? 7-26-04 32 1 MS. HARDIN: That's what they want as their 2 address. We have several road names that are very likely to 3 be stolen, and we found out that on some of them, we have 4 replaced them as many as three times in one month, so we're 5 trying to discourage people from doing that. 6 COMMISSIONER WILLIAMS: Obviously didn't work 7 this time. 8 MS. HARDIN: Well, she was willing to pay for 9 a new sign each time it goes away. So, thank you. 10 JUDGE TINLEY: Motion made and seconded for 11 approval of the agenda item. 12 COMMISSIONER WILLIAMS: With the correction. 13 JUDGE TINLEY: Yeah, as stated. Any further 14 question or discussion? All in favor of the motion, signify 15 by raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: The next item is consider 20 concept plans and variances for Dan Cowart properties in 21 Precinct 1. 22 (Whispered discussion off the record.) 23 MR. JOHNSTON: Morning. I had a visit with 24 Dan Cowart, who owns these two properties, and he wanted to 25 do some property divisions which really don't meet the 7-26-04 33 1 Subdivision Rules, except with a variance. And he wanted to 2 come and present his case to the Commissioners Court. I 3 don't see him in court. I can give you the gist of what 4 he's looking for. Maybe you can give him some guidance. 5 One property on the -- on the small sheet, this is where the 6 Texas hardwood place is out by Harper Road and just past 7 I-10. It's 5.72 acres. There's a house on one corner, and 8 the business is on another location further back, and he 9 wants to divide the property into two lots, approximately 10 2.86 acres each. He would have to have a variance for the 11 lot size in this case. 12 COMMISSIONER NICHOLSON: What size did you 13 say they'd be? 14 MR. JOHNSTON: 2.86. He has frontage, but he 15 doesn't have the adequate size. Should be a 5-acre lot, you 16 know, according to our rules. 17 COMMISSIONER LETZ: What -- 18 MR. JOHNSTON: There's a well existing on one 19 lot. I guess that would -- he'd have to add a well to the 20 other lot if it ever separated and sold to someone else. 21 COMMISSIONER LETZ: Is the -- the business is 22 on the -- 23 MR. JOHNSTON: Right where that 5.72 -- 24 COMMISSIONER LETZ: Right. That's where -- 25 MR. JOHNSTON: The box there, that's where -- 7-26-04 34 1 COMMISSIONER LETZ: And it's a residence on 2 the other part. 3 MR. JOHNSTON: It's up there in the upper 4 righthand corner of the lot, little box with an "H" in it. 5 JUDGE TINLEY: It's -- it's a structure. I 6 wouldn't call it a residence. 7 MR. JOHNSTON: Right. I don't think he lives 8 there, but he said there's a -- 9 JUDGE TINLEY: I don't think anybody lives 10 there -- could live there. That's a rock structure, isn't 11 it? 12 MR. JOHNSTON: I didn't go out and look at 13 it, but he said it was some kind of a structure. 14 COMMISSIONER WILLIAMS: There's a business on 15 the left-hand side? 16 JUDGE TINLEY: Yeah. 17 MR. JOHNSTON: Yeah. It's a metal building. 18 JUDGE TINLEY: Where it jogs around? 19 MR. JOHNSTON: Yes. 20 COMMISSIONER LETZ: This is a bad -- or I 21 won't say a bad -- this would be a precedent. 22 MR. JOHNSTON: Yeah. 23 COMMISSIONER LETZ: Pretty significant 24 precedent, in my opinion. 25 COMMISSIONER NICHOLSON: Without some other 7-26-04 35 1 rationalization, I don't think I can support this. 2 COMMISSIONER LETZ: The way that I can see 3 this would be different would be putting some sort of a 4 commercial part, and we look at those a little bit 5 differently because the tendency to use it is a little bit 6 greater. But from a -- with a potential of that being a 7 residential lot, I don't see it. 8 MR. JOHNSTON: I think he's looking at the 9 fact that he wants to split the lot and sell one part of it. 10 The other one is in an existing subdivision, the Hartshorn 11 Subdivision. At the very end out on Avery Road, the end of 12 that subdivision, it goes to acreage beyond that. There's 13 actually an easement -- or actually a right-of-way up the 14 right-hand side of that property, and I think it's dedicated 15 to the County, but the road was never built in that area. 16 It's just a 50-foot right-of-way that's overgrown, and I 17 think the owners used part of it for -- part of it's 18 fenced-in; looks like a part of it's not. There's three 19 lots that are -- actually, three and part of another one -- 20 7, 6, and 5, and part of 4 -- that are lots already, and he 21 doesn't like the way they're laid out and he wants to 22 rearrange the lot lines, and that would entail the County 23 abandoning about half of that right-of-way. 24 JUDGE TINLEY: The blue portion? 25 MR. JOHNSTON: The blue portion. I told him 7-26-04 36 1 that if you go in and do a plat revision on an existing 2 subdivision, you have to follow the current rules, and that 3 wouldn't apply. There's no water system out there; they're 4 individual wells. There is a well -- there's a house and a 5 well on the front lot. You can see from the dotted line, 6 it's right at the lot line. Actually, the well's over the 7 line; it's on Lot 6. So, he wants to move that line up and 8 then split the other part in a different way. 9 COMMISSIONER LETZ: Well, you're still -- 10 you're going from three lots to three lots. We're just 11 changing the -- 12 MR. JOHNSTON: Three lots to three lots. 13 COMMISSIONER LETZ: Add a little bit of 14 acreage because of the right-of-way. 15 MR. JOHNSTON: They'd be roughly a little 16 over 2 and a half acres each. 17 COMMISSIONER LETZ: But the well -- does this 18 solve the well being -- 19 MR. JOHNSTON: That gets the well and the 20 house on the same lot. It says well, well house. 21 COMMISSIONER LETZ: See that little note 22 there? Right now they're on a separate -- they're on 6 and 23 7. 24 JUDGE TINLEY: The well's actually on 6? 25 MR. JOHNSTON: The well's on 6, and the house 7-26-04 37 1 is right -- almost encroaching on 6, but it's on Lot 7. And 2 he wants to move the line up where that yellow highlighted 3 part is, so it would be all the same lot. 4 COMMISSIONER LETZ: On this one, I really -- 5 I mean, I don't have a problem, and we have done this 6 previously. Usually we get to a situation where -- you 7 know, where -- 8 MR. JOHNSTON: I think he technically needs a 9 variance, but it would be adjustment of lot lines. I don't 10 know about dedicating County, you know, property back to the 11 landowners, but it's probably never going to be used. It 12 dead-ends up in that subdivision. 13 JUDGE TINLEY: Well, the area in blue there 14 would continue to be a -- a right-of-way under this 15 rearrangement? 16 MR. JOHNSTON: No, he's proposing to have the 17 County dedicate that back to him, 'cause the -- the orange 18 part would go up and access all the -- all the lots. 19 Actually, 6 and 7; it would be an access to 6 and 7 if he 20 built a little road in there. Don't need to go as far as it 21 used to, 'cause 5 used to be way up -- I'm sorry. It's 5 22 and 6, if they use the same numbers, would be accessed from 23 the orange part. And so the blue part wouldn't have to -- 24 that would be there. 25 COMMISSIONER LETZ: The only problem I see, 7-26-04 38 1 and it's -- the problem already existed; there's no way to 2 turn around if someone was to go up that road. 3 MR. JOHNSTON: Yes. 4 COMMISSIONER LETZ: There's no cul-de-sac. 5 But there's not a cul-de-sac currently, so it's really not 6 making anything worse. 7 MR. JOHNSTON: It's actually not making 8 anything worse right now, but if he did it, probably would 9 need to have a cul-de-sac at the end of it or some way to 10 turn around. 11 COMMISSIONER LETZ: I think if he just, you 12 know, cuts into a little bit of Lot 6, possibly, and get -- 13 MR. JOHNSTON: Right. 14 COMMISSIONER LETZ: -- a cul-de-sac. 15 MR. JOHNSTON: Have a cul-de-sac. 16 COMMISSIONER LETZ: Give us enough to put a 17 cul-de-sac in. 18 COMMISSIONER WILLIAMS: On 6 or 5? 19 COMMISSIONER LETZ: Yeah. 20 COMMISSIONER WILLIAMS: Which, 5? 21 COMMISSIONER LETZ: Well, you abandon the 22 blue on -- and that becomes 5, but he'll have to deed a 23 little bit of 6 to the County for that right-of-way. 24 JUDGE TINLEY: And maybe a little bit of 5. 25 COMMISSIONER LETZ: Maybe a little bit of 5. 7-26-04 39 1 I mean -- 2 COMMISSIONER WILLIAMS: Yeah. 3 COMMISSIONER LETZ: -- whatever needs to be 4 done to get a cul-de-sac there. 5 COMMISSIONER NICHOLSON: We've done that 6 before? 7 JUDGE TINLEY: Yeah. 8 COMMISSIONER NICHOLSON: Something similar to 9 that? 10 COMMISSIONER LETZ: Well, we've done -- 11 JUDGE TINLEY: Dickey Road. 12 COMMISSIONER LETZ: And that -- and we've 13 pretty -- I mean, we have, on a number of occasions, seen 14 real small lots, and -- and let them reconfigure them. Even 15 though the new ones don't meet the current rules, usually 16 it's a little bit better than it was before. 17 MR. JOHNSTON: Kind of a trade-off. Not 18 really dividing, just rearranging lots. 19 JUDGE TINLEY: Question. When we get all of 20 the water source on -- on 7, 6 is going to be less than 21 5 acres, isn't it? 22 MR. JOHNSTON: Yes. 23 COMMISSIONER LETZ: So is 5. 24 MR. JOHNSTON: Both of them will. 25 COMMISSIONER LETZ: But they're currently 7-26-04 40 1 less than 5. And if Headwaters gives a permit, they give a 2 permit. I mean, he could currently sell, certainly, 5 and 3 6, and conceivably drill a new well on 7 and new well on 5, 4 or -- you know, I don't think that we're making things any 5 worse than they currently are, put that it way. 6 COMMISSIONER WILLIAMS: What happens with 8? 7 What about 8? Just remains the same? 8 MR. JOHNSTON: That's not part of what -- 9 that's not part of what he owns. 10 COMMISSIONER WILLIAMS: Okay. 11 MR. JOHNSTON: The line goes -- part of 4 -- 12 COMMISSIONER WILLIAMS: Okay. 13 MR. JOHNSTON: -- will actually be 14 incorporated into 6 there, make that lot. 15 COMMISSIONER WILLIAMS: Got you. 16 COMMISSIONER LETZ: That'll work. But what 17 happens -- what's -- what happens to Lot -- to 4? It 18 says -- I'm looking over on the far left. It says 19 3.68 acres, which I presume that's Lot 4. Is that the 20 remainder of 4 that he doesn't own, is -- 21 MR. JOHNSTON: I think the -- yeah, I think 22 so. He owns -- actually, somehow divided off part of -- 23 part of 4 at some time. This dark boundary line is what -- 24 the property that he owns that; it's part of various lots in 25 there. I don't know how that came about, but that's what -- 7-26-04 41 1 COMMISSIONER LETZ: I think we probably need 2 to fix 4 at the same time. I mean, 'cause if he owns part 3 of 4, then there's really 4A and 4B. 4 MR. JOHNSTON: Right. 5 COMMISSIONER LETZ: And we need to -- that 6 needs to be adjusted to try to get the plat as correct as 7 possible. 8 MR. JOHNSTON: Or the plat revision. So, 9 this will be acceptable if he does a proper plat revision, 10 and probably needs a variance, but that will be handled at a 11 future -- when he -- at plat time. 12 COMMISSIONER LETZ: I don't -- do you agree, 13 Franklin? I mean -- 14 MR. JOHNSTON: Yeah, I think it's a washout. 15 I don't think it really changes -- you know, it's not like 16 we're setting a precedent. We're dividing the small lots. 17 It's already small; we're just changing the boundary line. 18 COMMISSIONER NICHOLSON: As a matter of 19 interest, Franklin and I have been in communication with a 20 property owner who wants to -- wants to either reconfigure 21 or add to lots in a grandfathered subdivision where the lots 22 were smaller than 1 acre, and we're not supporting that, and 23 I don't think there's a precedent for something like that. 24 COMMISSIONER LETZ: What we have done on 25 several occasions, and there -- I think in Bill's and my 7-26-04 42 1 precinct, this has both happened. People had, like, three 2 1-acre lots, and combined to make two acre-and-a-half lots. 3 COMMISSIONER NICHOLSON: Yeah, that's the 4 right direction. 5 COMMISSIONER LETZ: Going in the right 6 direction. As long as we're staying the same or going in 7 the right direction, I think the Court historically has been 8 in favor of doing those things. 9 JUDGE TINLEY: No formal action needed on 10 this item? 11 MR. JOHNSTON: I don't think so on this one. 12 JUDGE TINLEY: Okay. Why don't we come back 13 to -- 14 SHERIFF HIERHOLZER: This other one. 15 JUDGE TINLEY: -- Item 4. 16 SHERIFF HIERHOLZER: I think we can 17 straighten this out real quick, Your Honor. What the deal 18 is, is the starting salary for the position that the jail 19 clerk is currently in is a 12. The starting salary for the 20 position that she would be taking over there is a 14. There 21 is a difference there, so the whole thing -- just like 22 hiring a new person, theirs is a 14 already. The difference 23 is the step being a 2 -- a 1 or a 2. She is entitled to the 24 2, because she has been with the Sheriff's Office that long 25 to get that one-year longevity and that. And since she's 7-26-04 43 1 still with the County, I would say it should be a 14-2, just 2 as they have it there as their starting salary, since you do 3 have the County employment as continuing under the longevity 4 deal. 5 JUDGE TINLEY: Yeah. Shows a -- shows here 6 the one-year in 2004. 7 SHERIFF HIERHOLZER: That's right. 8 JUDGE TINLEY: That hit this year, so -- 9 MR. WALSTON: That's what this position was, 10 was 14. 11 COMMISSIONER NICHOLSON: I move to approve. 12 COMMISSIONER WILLIAMS: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval of the agenda item as submitted by Mr. Holekamp. 15 Any further question or discussion? All in favor of the 16 motion, signify by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: The motion does carry. Thank 21 you, gentlemen. Let me see. We'll go to Item 8, consider 22 and discuss a Commissioners Court resolution promoting a 23 joint study team effort involving Kerr County, City of 24 Kerrville, and the City of Ingram for the purpose of 25 identifying opportunities to improve the provision of law 7-26-04 44 1 enforcement services while reducing costs. Commissioner 2 Nicholson. 3 COMMISSIONER NICHOLSON: This is a revised 4 resolution based on our discussions of two weeks ago. It's 5 a resolution to -- we've got some -- a new revision, some 6 more editing that -- that improves the clarity of it. But, 7 basically, it's a resolution endorsing the organization of a 8 study of the benefits that may be derived from identifying 9 opportunities from the sharing of resources or combining all 10 or part of law enforcement services now performed by the 11 County or the cities of Kerrville or -- or Ingram, and 12 inviting the City of Kerrville and the City of Ingram to 13 join with the County in a study to identify whether or not 14 those benefits exist, and if so, make recommendations about 15 how to take advantage of it. I'm anticipating that the 16 findings may -- may produce ways to do both, improve the 17 provision of law enforcement services and do so at a -- at a 18 better cost to the taxpayers. 19 I must say, the proposal's generated a lot 20 more interest than I would have expected. I've been 21 contacted by more than 50 people in the city and the county 22 encouraging the study. No one contacted me saying you 23 shouldn't pursue this. There were two contacts that were 24 concerned that -- one was concerned that the County would 25 not have the -- as much law enforcement services under some 7-26-04 45 1 combination, and the other one was concerned that the City 2 might -- might lose out. So, that's a concern that the 3 committee or the study group would have to deal with. So, 4 what -- what's the right way to get this new language in 5 there? 6 COMMISSIONER LETZ: I think probably what we 7 ought to do is -- I apologize for presenting a revised draft 8 moments before the meeting. Probably, Kathy can make copies 9 and we can circulate them and we can talk about it after the 10 break. That way -- and the other thing that the -- my 11 revised resolution does a little bit more specifically is 12 talks more about sharing resources, as opposed to combining. 13 I think I took out "combining" in one spot, but also say 14 that the Court and the City of Ingram and City of Kerrville 15 all appoint one member, and then one member from each law 16 enforcement agency are on the committee. I didn't really 17 specify it being the Sheriff, or the Sheriff -- it could be 18 whoever from that entity. But I think it's worthwhile, and 19 I think what I hope comes out of this -- I'm probably not 20 leaning as far towards combining as Commissioner 4 is. I 21 probably lean more towards what Rusty was talking about, 22 sharing resources in areas and doing some things, and 23 property we have, and that we may be able to just -- but I 24 think it's a good time to formally look at how we can become 25 more efficient in law enforcement between the city of 7-26-04 46 1 Ingram, Kerrville, and Kerr County, and I think nothing but 2 good can come from a discussion about it. That's what I 3 would hope happens. 4 COMMISSIONER WILLIAMS: I'd like to suggest 5 that the committee -- I think you're suggesting the 6 committee would be the governing bodies and law enforcement. 7 I'd like to suggest we take it to -- and find somebody from 8 the citizens at large who can also help populate that study, 9 an individual chosen by both or all three entities. 10 COMMISSIONER LETZ: I'd let the committee 11 pick. 12 COMMISSIONER WILLIAMS: Yeah, but I'm just 13 suggesting the category, not the individual. The category. 14 COMMISSIONER NICHOLSON: I sure agree with 15 that. We need citizen involvement. 16 JUDGE TINLEY: Commissioner, as have you, 17 I've had a lot of response to the general concept, and 18 generally those responses have been encouraging to at least 19 take a look at it. A good, hard, serious look. And in that 20 regard, concerning composition of the committee, most of the 21 comments that I've gotten that address that issue have 22 encouraged that the citizens, in fact, be the majority of 23 the committee. Because of the obvious interest of -- of the 24 stakeholders in the entire thing, that maybe that would 25 assist in -- in coming up with something that's more 7-26-04 47 1 unbiased or -- or not directed towards the interest of one 2 of the entities or another. So, that's been the response 3 I've gotten, is to get a large number of citizens involved, 4 several of them to participate in this thing. And, of 5 course, all of the law enforcement agencies and -- and the 6 government entities, of course, would be the resources to 7 that, and to some degree participants, probably. 8 COMMISSIONER NICHOLSON: I think a thorough 9 study will be a good bit of work. It's not something you 10 can sit down in a few hours and have enough facts to point 11 you in the right direction. So, typically, you don't want a 12 committee or a study team to be very large, because it 13 becomes unmanageable, but in this case, I think if it was a 14 little bit larger, and divided the work up into 15 subcommittees, it would be okay, I think. 16 COMMISSIONER LETZ: I think it's good to have 17 citizen involvement. I'm -- at this point, I think that the 18 expertise in the law side is probably -- you know, I won't 19 say more important; that is not the correct term, 'cause 20 it's not more important, but it's vital. I mean, there's 21 certain things that I don't think the average citizen likely 22 would understand when it comes to what we can and can't do 23 with this. It's a good time to get one or possibly up to 24 three members, but I wouldn't go any larger than three 25 members at large. I think it becomes unwieldy. I think, 7-26-04 48 1 really, one is probably -- one or two is probably 2 sufficient. 3 COMMISSIONER WILLIAMS: One. 4 COMMISSIONER LETZ: At that point -- there 5 are some recommendations that will come out of the 6 committee. At that point, you present them to the public, 7 or whatever the recommendations of the committee are. If 8 you don't do anything, you present that to the public. 9 COMMISSIONER NICHOLSON: Yeah. 10 COMMISSIONER LETZ: And I think -- 'cause I 11 think then there's ample time for citizen involvement. But 12 I think, going into it, I really -- really believe that law 13 enforcement is the ones that need to be -- you know, they're 14 going to have to do most of the work. They're the ones that 15 understand the needs. 16 COMMISSIONER WILLIAMS: I think you're right; 17 they are going to do most of the work. Might even enlighten 18 the representatives from the two governing bodies -- or 19 three governing bodies as well as it can enlighten the 20 citizens at large. But I also -- they also bring to the 21 table perspective, perspective of what they anticipate and 22 expect for law enforcement as a resident of a city, and what 23 they expect of law enforcement as a resident of the county, 24 and I think these perspectives are valuable in this context. 25 COMMISSIONER LETZ: What you're saying is 7-26-04 49 1 three representatives from the public; one from Ingram, one 2 from Kerrville, and one from the county? 3 COMMISSIONER WILLIAMS: Exactly. That's what 4 I'm suggesting, is making it a 9-person committee at least. 5 COMMISSIONER NICHOLSON: Probably what -- I 6 like that. That's a good idea, but probably what the -- the 7 citizens will bring to the table is a little more 8 open-mindedness than a member of this group or one of the 9 other -- or law enforcement. We're -- I think we have a 10 tendency to resist change more than the citizens do, so I 11 think their input would be good balance to our preconceived 12 notions about what can or cannot be done. 13 COMMISSIONER WILLIAMS: I agree. 14 JUDGE TINLEY: So, why don't we -- at least 15 for the immediate time being, we'll work on that resolution 16 and we'll come back to it here shortly. Okay. Are we close 17 enough to 10 o'clock yet? 18 COMMISSIONER WILLIAMS: Yes, sir, we are. 19 JUDGE TINLEY: I think we're at 10 o'clock 20 now. My watch says a little after, actually. At this time, 21 I will recess the Commissioners Court meeting, and I will 22 open a public hearing for alternate plats in Falling Water 23 located in Precinct 3. 24 (The regular Commissioners Court meeting was closed at 10 a.m., and a public hearing was 25 held in open court, as follows:) 7-26-04 50 1 P U B L I C H E A R I N G 2 JUDGE TINLEY: Is there any member of the 3 public that wishes to be heard with respect to the proposed 4 alternate plat revisions in Falling Water, Precinct 3, in 5 Kerr County? If so, come forward at this time. 6 (No response.) 7 JUDGE TINLEY: There being no one coming 8 forward to speak on that item, I will close the public 9 hearing on the alternate plats in Falling Water, Precinct 3. 10 (The public hearing was concluded at 10:01 a.m., and the regular Commissioners Court 11 meeting was reopened.) 12 - - - - - - - - - - 13 JUDGE TINLEY: And I'll reconvene the 14 Commissioners Court meeting. Next item on the agenda is 15 consideration and discussion of a lease of a 2.1-acre 16 property located on State Highway 27 in Mountain Home to the 17 Mountain Home Volunteer Fire Department. 18 COMMISSIONER NICHOLSON: This was an issue 19 that we talked about some time ago, and I think we finally 20 ironed out all the wrinkles on it. What we're proposing to 21 do here is to lease a piece of property located on Highway 22 27 in Mountain Home to the Mountain Home Volunteer Fire 23 Department. It's about a 2.1-acre tract that the -- some 24 time ago, the County got -- got back from the State of 25 Texas. The State had a -- Texas Department of 7-26-04 51 1 Transportation had a lease on it for some 40 years, I think, 2 and this is a proposal that would be benefit both the 3 county's Road and Bridge Department, as well as Mountain 4 Home Fire Department. The quid pro quo is that the fire 5 department will -- will build a fence on it. They will 6 provide water, do some other things, and the county Road and 7 Bridge Department will be able to use the property for -- 8 for materials and equipment, and have an easily accessible 9 and ready source of water, instead of having to go to 10 Johnson Creek when they're working on roads in that area. 11 So, it's a proposal that's just -- it's a win-win. So, I'm 12 going to make a motion that we -- that we approve the 13 leasing of a 2.1-acre property located on State Highway 27 14 in Mountain Home to the Mountain Home Fire Department, and 15 that we authorize the County Judge to sign the same. 16 MR. MOTLEY: Can I mention something real 17 quick? That copy that y'all have in front of you there is a 18 draft. I do need to get a property description from 19 Mr. Voelkel and straighten up a couple things. I have done 20 since a kind of a cleaned-up draft, but that was the first 21 effort, so I just wanted you to know -- wanted to be able to 22 do the -- substitute the final version with the property 23 description. 24 COMMISSIONER NICHOLSON: So, that motion 25 includes the final approval -- or review of the County 7-26-04 52 1 Attorney as to the form of the contract. 2 COMMISSIONER LETZ: Second. 3 JUDGE TINLEY: Motion made and seconded for 4 approval of the agenda item subject to final approval of the 5 County Attorney and inclusion of the appropriate legal 6 description. Any further question or discussion upon this 7 agenda item? All in favor, signify by raising your right 8 hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: That motion does carry. The 13 next item -- 14 COMMISSIONER NICHOLSON: Thank you for your 15 help on that, Mr. Motley. 16 MR. MOTLEY: Oh, sure. 17 JUDGE TINLEY: The next item on the agenda is 18 consider and discuss authorizing the display in the 19 courthouse of a portrait of former County Court at Law 20 Judge. The backup information -- I thought maybe Judge 21 Brown would be here. Apparently, most of the contact that 22 took place was with Judge Brown. By way of introductory 23 comments, I would note that, upstairs in the foyer area 24 outside the district courts, several years ago there was an 25 effort made and -- and executed whereby the district judges 7-26-04 53 1 for the past several years had their portraits hung up in 2 the foyer hallway there. This particular instance deals 3 with a County Court at Law Judge who was the first County 4 Court at Law Judge when this Court was instituted by Kerr 5 County some 19, 20 years ago now, I guess. And Judge Brown 6 is the one that alerted me to it after the portrait was -- 7 was delivered. So, you've got about the benefit of my 8 knowledge, actually. 9 COMMISSIONER WILLIAMS: Where would this 10 portrait be hung, Judge? In the County Court at Law? 11 JUDGE TINLEY: Well, in -- certainly, in 12 that -- in that area. If it were to be displayed, that 13 would seem to be the appropriate area for it to be, just 14 like upstairs in the district courts where we have the 15 district judges. 16 COMMISSIONER LETZ: My comment would be that 17 -- and in that area, I have no problem with them doing it. 18 I think it's a nice idea to have a portrait of former 19 elected officials and judges. I think it needs to be in the 20 County Court at Law suite, because, as I recall, right 21 outside that area, there's two large portraits of the 22 Browns, and I would not want it anywhere near that, which 23 would detract from those large painted portraits. 24 COMMISSIONER WILLIAMS: I agree with that. 25 JUDGE TINLEY: The foyer area outside, I 7-26-04 54 1 don't see that as the County Court at Law foyer; that's a 2 foyer to the County Clerk's office, the foyer to the -- as 3 it goes back into the Tax Office. 4 COMMISSIONER LETZ: Then we're in agreement 5 on location. 6 JUDGE TINLEY: Yeah. 7 COMMISSIONER LETZ: We need a court order to 8 allow a picture to be hung? 9 COMMISSIONER NICHOLSON: I don't think so. 10 JUDGE TINLEY: The -- in the County Court at 11 Law office or courtroom area, at the -- at the selection of 12 the current Judge? 13 COMMISSIONER WILLIAMS: Sure. 14 COMMISSIONER LETZ: We can do a court order. 15 It just seems like -- I don't know why we need a court order 16 to hang up a portrait, or to hang a portrait. We hang 17 pictures around on a pretty regular basis in the courthouse. 18 JUDGE TINLEY: Okay. Well, I'll pass that 19 information along to Judge Brown, and he can be guided 20 accordingly. 21 COMMISSIONER LETZ: And if he feels he needs 22 a court order, we can pass a court order. 23 JUDGE TINLEY: Okay. Okay. Next item is 24 consider and discuss a memorandum of agreement between Texas 25 Department of Health and Kerr County concerning receipt, 7-26-04 55 1 storage, delivery, and transfer of medical material from the 2 strategic national stockpile. I was presented with a 3 contract from the Texas Department of Health, who is acting 4 as the coordinating agency. The Sheriff's involved too, 5 because essentially these items would be stored at -- at his 6 facility and be secured out there, and he's obviously in the 7 loop. But they have a -- a contract that they're asking to 8 be entered into relative to this particular matter. 9 SHERIFF HIERHOLZER: Want a little 10 background, Jonathan? 11 COMMISSIONER LETZ: No, I have the 12 background. I just -- 13 SHERIFF HIERHOLZER: It's all part of the 14 terrorism stuff, to where if there were a terrorist attack, 15 the federal government has what they would call a push -- 16 pushcarts, with a large amount of all types of medical 17 supplies, vaccines, antibiotics, everything in the world 18 that they can have delivered within 72 hours to a location 19 where it would be needed. And this is just one of those 20 planning deals the Health Department and everybody had to do 21 where, if there were something here and they had to 22 vaccinate 45,000 people within a matter of a day or two-day 23 period in this county, then what would we do and how would 24 we do it and how would it be organized? And it's all part 25 of this plan. Part of their requirements are -- is when 7-26-04 56 1 that push-pack comes, it has to be secured in a 2 climate-controlled area, because they're worried about, you 3 know, rioting and all that, people trying to get to it. If 4 it was something that major, then -- and what we have agreed 5 to do is, it would take up about a cellblock, an individual 6 cellblock out there to where we can totally secure it and 7 keep it in a climate-controlled area. And I just -- that's 8 one of the few places in the county you can do that without 9 expending a major amount of manpower to try and do it. 10 Because when you set up a location to dispense it is where 11 you're going to get into a lot of manpower and stages and 12 that. So, that would be a different location. But -- but I 13 had agreed that the safest place to store it would be in one 14 of our cellblocks. 15 JUDGE TINLEY: They've already got 16 contingency arrangements with the Peterson Hospital, State 17 Hospital, and V.A. Hospital to do the actual distribution of 18 whatever -- these medicines. 19 SHERIFF HIERHOLZER: That's all the other 20 part of the plan, is all the personnel, nurses, medical 21 staff to actually dispense it, doctors to actually evaluate 22 people, screening people. It's just -- it goes on and on 23 and on, and you could talk about it for six weeks, but -- 24 COMMISSIONER LETZ: Is there a cost to the 25 County? 7-26-04 57 1 SHERIFF HIERHOLZER: No. 2 COMMISSIONER LETZ: It's just the space? 3 SHERIFF HIERHOLZER: Yeah, it's just space, 4 in case there were a drastic deal where you had to do it, 5 and -- 6 COMMISSIONER LETZ: Who maintains the cart? 7 SHERIFF HIERHOLZER: The cart, before it gets 8 here, is all maintained by the federal government, okay? 9 And it's ready. It's a secure location where they can just 10 load them and go anywhere in the United States. Once it 11 lands, then it's up to all of the volunteers and all the 12 different agencies. You know, federal government's even 13 contracting with some of the moving companies, if you don't 14 have an airport right there, to where they can require their 15 trucks to truck it in somewhere. But once you get it, it's 16 your responsibility. 17 COMMISSIONER LETZ: I guess what I'm -- like, 18 I don't even know what exactly is in it, but say there's 19 vaccines and things that need to be -- that are somewhat 20 hazardous potentially, I mean, to dispose of them, and 21 shelf-life comes into it. Who disposes of it? Who updates 22 the cart? 23 SHERIFF HIERHOLZER: The federal government. 24 COMMISSIONER LETZ: Federal government takes 25 care of all that? 7-26-04 58 1 COMMISSIONER WILLIAMS: Are you anticipating 2 a single cart, or several carts? 3 SHERIFF HIERHOLZER: That's what it's called. 4 COMMISSIONER WILLIAMS: Is material sent to 5 you in advance and stored? Or -- 6 SHERIFF HIERHOLZER: No. 7 COMMISSIONER WILLIAMS: -- sent to you at the 8 time of an actual disaster? 9 SHERIFF HIERHOLZER: Of a disaster. Never 10 sent in advance. They're all stored -- maintained at 11 different locations, and then, say there were a terrorist 12 attack in San Antonio. Okay, we would end up having to have 13 some supplies here because of the people leaving San Antonio 14 that would need to be vaccinated and that. And once 15 something like that happens, your -- your disease control 16 people and everybody else get involved in it, and they 17 decide what is needed immediately at that location, and they 18 ship whatever they feel is needed, and then that location 19 takes care of it. 20 COMMISSIONER LETZ: Okay. So -- so they 21 don't ship a cart here now. They -- 22 SHERIFF HIERHOLZER: No. 23 COMMISSIONER LETZ: It's just a space. We 24 agree to accept a cart. 25 SHERIFF HIERHOLZER: Yeah, it's just a plan 7-26-04 59 1 on if something happens, that everybody's prepared. It's 2 part of the -- 3 COMMISSIONER WILLIAMS: Where would you 4 propose to store this? 5 SHERIFF HIERHOLZER: In one of our 6 cellblocks. 7 COMMISSIONER WILLIAMS: Okay. 8 SHERIFF HIERHOLZER: We have a location that 9 we can get to it readily without interfering in any of the 10 rest of the running of the jail, and it keeps it secured and 11 under guard. 12 JUDGE TINLEY: Strictly a contingency 13 agreement. 14 SHERIFF HIERHOLZER: Yeah, this is just a 15 domestic preparedness -- being prepared. 16 COMMISSIONER LETZ: I move approval, 17 authorize the County Judge to sign same. 18 COMMISSIONER NICHOLSON: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval of the agenda item. Any questions or discussion? 21 Mr. Motley, have you had a chance to review it? I realize 22 it caught you on short notice, but have you at least 23 reviewed it? 24 MR. MOTLEY: I haven't seen it yet, but I'll 25 look at it. 7-26-04 60 1 JUDGE TINLEY: Okay. 2 MR. MOTLEY: I'll look at it. 3 JUDGE TINLEY: Any further question or 4 discussion? All in favor of the motion, signify by raising 5 your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: That motion does carry. The 10 next item on the agenda is consideration and approval of a 11 resolution by the Commissioners Court of Kerr County 12 authorizing the filing of a second amendment to the Articles 13 of Incorporation of the Alamo Area Housing Finance 14 Corporation, appointing the County Judge or designee as a 15 member of the Board of Directors of the Alamo Area Housing 16 Finance Corporation, and other matters in connection 17 therewith. Essentially, what has happened is that Kendall 18 County was left out of the Alamo Area Housing Finance 19 Corporation, and now that Kendall County wants to get in, it 20 requires, because of the articles, the way they're presently 21 filed, there to be an amendment to the articles. That has 22 to be approved by all of the area counties that are 23 presently members of that board -- or the corporation, 24 rather. 25 COMMISSIONER NICHOLSON: I move approval of 7-26-04 61 1 the resolution by the Commissioners Court authorizing the 2 filing of a second amendment to the Articles of 3 Incorporation of the Alamo Area Housing Finance Corporation. 4 COMMISSIONER LETZ: And authorize County 5 Judge to sign? 6 COMMISSIONER NICHOLSON: Authorize County 7 Judge to sign. 8 COMMISSIONER WILLIAMS: I think you got to go 9 beyond that semicolon, because -- 10 COMMISSIONER NICHOLSON: Okay. 11 COMMISSIONER WILLIAMS: -- I don't recall 12 that I was ever authorized to sit in on this, and this is 13 one of the main meetings that take place on Wednesdays, and 14 so it's either going to be the Judge or me, one or the 15 other. And I've not sat in on those meetings, because I did 16 not have court authority to do so. 17 COMMISSIONER NICHOLSON: All right. 18 Continuing that, appointing the County Judge or his designee 19 as a member of the Board of Directors of the Alamo Area 20 Housing Finance Corporation, and other matters in connection 21 therewith. 22 COMMISSIONER LETZ: Second. 23 JUDGE TINLEY: That's your motion? 24 COMMISSIONER NICHOLSON: Yes, sir. Okay. 25 Any further question or discussion? All in favor of the 7-26-04 62 1 motion, signify by raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: That motion does carry. Let's 6 go to the next item, consider, discuss, and take appropriate 7 action on an interlocal agreement for the joint management 8 of the Kerr County/Kerrville Airport. I think Commissioner 9 Williams and Commissioner Letz have been working on this 10 item rather feverishly. 11 COMMISSIONER WILLIAMS: Oh, we have, Judge. 12 COMMISSIONER LETZ: Judge, can we take a 13 break before we get into this one? 14 JUDGE TINLEY: It's going to take awhile? 15 COMMISSIONER LETZ: It could. 16 JUDGE TINLEY: Okay. Why don't we recess, 17 and we'll come back at 10:30, okay? We'll stand in recess 18 until 10:30. 19 (Recess taken from 10:16 a.m. to 10:30 a.m.) 20 - - - - - - - - - - 21 JUDGE TINLEY: Okay. Let's come back to 22 order. We've been in recess; it's now 10:30. We will 23 reconvene. Let's go back to Item 8, dealing with the 24 proposed resolution promoting joint study team effort 25 concerning participation in law enforcement activities. 7-26-04 63 1 There's been some redrafting of the resolution. 2 COMMISSIONER NICHOLSON: Yeah. What we -- 3 what we changed over the break was the second "Resolved." 4 It now reads, "The Kerr County Commissioners Court invites 5 the Kerrville and Ingram City Councils to join Kerr County 6 in the appointment of a member of its body, a representative 7 from each of the mentioned law enforcement entities, and a 8 member of the public at large in a joint effort to complete 9 the study and report the study findings and recommendations 10 to the three government entities by March 1, 2005." I -- 11 I'd like to reconsider the makeup of the work team and 12 propose that we -- we invite each of the three entities to 13 staff the team with two members of the public at large; that 14 would be six total. And I'm making that -- bringing that 15 back up for two reasons. One, a thorough study is going to 16 be a lot of work, and I think extra resources would be good, 17 and I also think that I'd like a better balance. I'd like a 18 little more input from the community, and not -- them not be 19 overwhelmed by those of us who may have a vested interest in 20 the outcome. 21 JUDGE TINLEY: Good point, Commissioner. 22 We're dealing with -- with the citizens' business and their 23 tax money. 24 COMMISSIONER WILLIAMS: I personally don't 25 have a problem with it. Citizen input, I think, is quite 7-26-04 64 1 valuable. If we do have two county appointments, I'd vote 2 that we do balance those appointments so that we get as 3 broad a perspective of the county as possible. 4 JUDGE TINLEY: So, your motion is to adopt 5 it, except have it read, "and two members of the public at 6 large" for each? 7 COMMISSIONER NICHOLSON: Yes. And 8 inviting -- just -- I'm just being redundant, but inviting 9 the two other government entities to join us in such a 10 study. 11 JUDGE TINLEY: Okay. 12 COMMISSIONER NICHOLSON: Authorize the County 13 Judge to extend that invitation. 14 SHERIFF HIERHOLZER: How big a committee 15 would that be? Twelve-member? 16 COMMISSIONER LETZ: Twelve. 17 SHERIFF HIERHOLZER: Even number's a good 18 number? Or odd, if they vote on things within their 19 committee? 20 COMMISSIONER LETZ: I really don't think it's 21 that -- 22 SHERIFF HIERHOLZER: Type of deal? 23 COMMISSIONER LETZ: -- that important a deal. 24 You can also -- the committee can appoint a chair, and not 25 vote. That way, it would make it odd. 7-26-04 65 1 JUDGE TINLEY: Is that your motion, 2 Commissioner? 3 COMMISSIONER NICHOLSON: Yes, sir. 4 JUDGE TINLEY: Okay. 5 COMMISSIONER LETZ: Second. 6 JUDGE TINLEY: Motion made and seconded for 7 approval of the resolution as drafted, with the exception 8 that on the fourth line of the last paragraph, it read, 9 "entities, and two members of the public at large in a joint 10 effort to complete..." 11 COMMISSIONER LETZ: Judge, I believe it needs 12 to read, "two members of the public at large from each 13 entity." Or -- 14 COMMISSIONER WILLIAMS: Yeah, I was looking 15 at that. 16 COMMISSIONER LETZ: It's getting rather 17 mangled. But there's six members of the public at large, 18 two from each of the entities, or represented entities. 19 COMMISSIONER NICHOLSON: Can you make it say 20 that, Kathy? 21 MS. MITCHELL: Yeah. 22 COMMISSIONER WILLIAMS: Two members each of 23 the public at large will do it. 24 COMMISSIONER LETZ: I think the next step 25 would then be for the Judge to send it to the City of Ingram 7-26-04 66 1 and the City of Kerrville, and if we get feedback that they 2 want to proceed, then we appoint two members at large and a 3 Commissioner. 4 COMMISSIONER NICHOLSON: And a law 5 enforcement representative. 6 COMMISSIONER LETZ: Right. 7 COMMISSIONER NICHOLSON: I would expect that 8 to be the Sheriff, but -- 9 COMMISSIONER LETZ: Or probably -- 10 JUDGE TINLEY: Or designee. 11 COMMISSIONER NICHOLSON: Maybe a deputy. I 12 don't know. 13 COMMISSIONER LETZ: Whatever he wants. 14 COMMISSIONER WILLIAMS: I have a question. 15 It's kind of logistics or administrative. This is going to 16 be a rather large and significant effort. It's going to 17 take a lot of support work -- administrative support work to 18 pull it all together and try to make sense of it. Do we 19 have any thoughts on that? 20 COMMISSIONER NICHOLSON: I haven't given that 21 any thought, Commissioner. 22 SHERIFF HIERHOLZER: If I can make a 23 suggestion, last time we did the study for law enforcement, 24 you know, on our needs and different things, that took about 25 a year with that group of citizens. At that time, we 7-26-04 67 1 allowed them to meet in the training room, if they wanted to 2 meet once a month or whatever at the -- the Sheriff's 3 Office, and we also allowed them access to the copy machine 4 and little things like that, and one of our secretaries 5 assisted a little bit at times. If -- if we can offer that 6 to them, they may -- City of Kerrville may want to do that. 7 I don't know. But that way, it keeps the committee expenses 8 down, and those copies are not that bad. Far as the copies, 9 we had no budget tasked to do that; we just put it together 10 ourselves. 11 COMMISSIONER WILLIAMS: I'm not trying to 12 throw up a stumbling block, just raising a question. 13 COMMISSIONER NICHOLSON: Good question. I 14 would expect that they would get organized and come back to 15 the -- to the three governing entities and tell us what kind 16 of help or guidance that they need. In fact, I'm -- I'm 17 guessing they're going to divide the duties up into maybe 18 three- or four-member groups, some of them fact-finding on 19 this issue and some of them researching on this issue, but 20 that'll be help for the group. 21 JUDGE TINLEY: I don't think we have any 22 shortage of availability of places for them to meet. The 23 support service may be something that we want to look at. I 24 know we've got some jury rooms upstairs that are about the 25 right size for a group this size. In fact, it's anticipated 7-26-04 68 1 you're going to have 12 participants. The support services 2 is something else we need to look at, but that's not -- I 3 don't see that as an issue. We'll figure out a way to 4 handle that. 5 SHERIFF HIERHOLZER: Some of them may want to 6 make trips to other agencies or wherever where some things 7 have been done, and visit and spend some time. 8 COMMISSIONER LETZ: I think the first step is 9 to get this approved, and then let the other entities look 10 at it. They may have other ideas that are worth -- 11 JUDGE TINLEY: Sure. 12 COMMISSIONER LETZ: -- modifying the 13 committee. I think, you know, get this done first. 14 JUDGE TINLEY: Any further question or 15 discussion on this -- on the motion? All in favor of the 16 motion, signify by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: The motion does carry. Thank 21 you. Let's go now to Item 13, consider, discuss, and take 22 appropriate action on interlocal agreement for joint 23 management of the Kerr County/Kerrville Airport. 24 COMMISSIONER WILLIAMS: Thank you, Judge. At 25 our last meeting, we -- we talked about these two documents, 7-26-04 69 1 and members of the Court had some suggestions. Subsequent 2 to the court meeting, the County Attorney provided a review 3 that had some issues he believed needed to be addressed. We 4 met again with the task force at City Hall, representatives 5 of the City and County and members of City staff, and we 6 kicked around the issue -- we provided the other members of 7 the task force with a copy of the County Attorney's 8 memorandum, and stepped through the issues that Mr. Motley 9 had raised or questioned. Most of them were -- were 10 addressed and had been addressed in prior discussions and -- 11 and were not issues that were sticking points, and some of 12 them were just F.Y.I. There were two -- there were, 13 however, two issues that the County Attorney raised that 14 created some discussion, and those had to do with 15 Mr. Motley's questioning the provisions of Section 8 of the 16 Joint Action Agreement. 17 The Joint Action Agreement, Section 8, has to 18 do with allocation of costs and ownership upon early 19 termination or failure to adopt a funding budget, and 20 Mr. Motley wondered whether or not that the language that we 21 -- or the intent of the language that we had agreed upon was 22 consistent with the state constitution, and so we raised 23 that question. And none of us at the task force level had 24 the answer, and so we suggested that Ms. Bailey, who is the 25 Assistant City Attorney and assigned to this particular 7-26-04 70 1 effort on our part, address that issue along with Mr. Motley 2 and see if we could resolve it to everybody's satisfaction. 3 I think, at this point -- 4 (Mr. Motley entered the courtroom.) 5 COMMISSIONER WILLIAMS: I thought you were 6 listening; you weren't even here. I think, at this point, 7 we need to kind of air out this constitutional issue to see 8 whether we're okay and whether both legal representatives 9 for the City and the County are in accord. Then there was 10 one -- there was one point, however, that Mr. Motley raised 11 in a telephone discussion with me in this -- in this 12 context, and I'd like for us to address that. So, 13 Ms. Bailey, if you and Mr. Motley would join us in this 14 discussion, you had responded to Mr. Motley's memorandum 15 with a document of your own. I'm sorry, the other members 16 of the Court don't have this, do they? 17 COMMISSIONER LETZ: I don't know. 18 COMMISSIONER WILLIAMS: Kathy, would you 19 quickly -- we're only on Issues 3 and 4 here. Would you 20 quickly, while I'm continuing to identify them, make a copy 21 of Ms. Bailey's memorandum that deals with Issues 3 and 4? 22 It's on the two pages in the middle. And see if we can get 23 this thing moving forward. Ms. Bailey did address it. And, 24 as I started to say in a subsequent conversation with 25 Mr. Motley, he raised another point, Ms. Bailey, that had to 7-26-04 71 1 do with a mechanism by which the County or the City, during 2 the life of the Joint Action Agreement, could open the Joint 3 Action Agreement for a problem that needed to be addressed 4 without either party aborting its ownership issue, and I 5 think we need to -- we need to be comfortable about that. I 6 don't have an issue particularly in mind. I don't know if 7 Mr. Motley did, but if we just assume hypothetically that 7, 8 8, 9, 10 years into the agreement, which extends a lengthy 9 period of time, something did confront us or the City that 10 needed to be addressed in the Joint Action Agreement, and 11 the issue would be to address that issue, resolve it in the 12 Joint Action Agreement without either party giving up its 13 ownership rights. So, with that, while we're waiting on the 14 document to come back, if you'd pick up the discussion, 15 we'll go from there. 16 MS. BAILEY: Of course, I'll preface this by 17 saying I certainly can't speak for the Council, but I -- my 18 intention, certainly, in doing any of the drafting that I've 19 done, and I believe that the members of the committee's 20 intention, as expressed in a couple of places in those 21 documents, are that, of course, this is all subject to 22 written agreements to the contrary. I know there's at least 23 one place that specifically says, unless written agreements 24 are made to the contrary, this is what will happen if the 25 whole thing falls apart. If -- if you feel like, after 7-26-04 72 1 reviewing it, that it doesn't say that clearly enough, I 2 feel certain that we could add a sentence that says 3 something to that effect in an area that you feel is -- is 4 appropriate to make it applicable to the whole agreement, 5 rather than just to the section that has that language 6 already in there. Or in both agreements, make it. 7 COMMISSIONER LETZ: I think just a general 8 provision that states that, you know, at any time this party 9 may be amended. I think it's -- you know, we have that 10 ability, even if it's not explicitly set forth. 11 MS. BAILEY: Yes, sir. Certainly, that -- my 12 general understanding of contract law is that it's only a 13 written agreement as far as both parties agree that 14 that's -- that is the agreement. And, certainly, one can't 15 unilaterally change it, but if you both together reach a 16 written agreement to modify it, then that becomes the -- 17 another part of the agreement, the modification. 18 COMMISSIONER LETZ: But I think the issue is 19 that, because of the -- the language relating to default, if 20 it -- you know, a disagreement came up, to make sure that 21 there is a mechanism to amply protect both parties. 22 MS. BAILEY: Yeah, I think that's an 23 appropriate -- appropriate suggestion to make to the Council 24 and to the members of the -- sitting members of the 25 committee. I'm hesitant, though. I know that one of the 7-26-04 73 1 things that David suggested in his original memo was that 2 perhaps a mediation provision or some arbitration provision 3 should be required in that event, and I'm not certain that 4 the City would be interested in going to that extent, as far 5 as adding to the -- to the agreement. Because, again, the 6 whole point of this is to keep the operation running 7 smoothly, and something that could put something into 8 arbitration or mediation for a long period of time is not -- 9 I don't think is what the -- the committee's intending to 10 do. But, like I say, I can't speak for the committee, so 11 if -- if that were something we wanted to add, we probably 12 have to take it back to the committee. But I think that if 13 it's just a question of adding to the general language that 14 says, of course, any of these provisions may be modified by 15 agreement between the parties, and in the case of conflict, 16 that, certainly, I think that we could recommend, even to -- 17 this is on the City Council's agenda for tomorrow night. I 18 wouldn't mind certainly recommending to them some language 19 that reflects that idea. And I can look and specifically 20 try to add it in so that when we're at the Council meeting, 21 I can say, "And this is what we had recommended the language 22 be," so that they could pass it at that time. 23 JUDGE TINLEY: In the last paragraph, you got 24 a standard provision, entire agreement. Possibly insert 25 some language in there, in the event either party wishes to 7-26-04 74 1 modify, change, whatever, or if some dispute arises and a 2 request is made by either party to address whatever the 3 issue may be, that by the making of that request, it shall 4 not be deemed to be a notice of termination or event of 5 default, which would otherwise invoke the provisions of 6 Paragraph 8. Something generally to that effect. Just -- 7 where you've got the opportunity to go back and -- and look 8 at issues, 'cause we're looking at a pretty long-term 9 agreement here, potentially. 10 COMMISSIONER WILLIAMS: Yes. 11 JUDGE TINLEY: There's all sorts of things 12 that can come up, and merely because of one -- one party 13 sees there's a conflict between provisions, or an issue 14 that's not totally addressed, or something that they just 15 think needs to be changed -- 16 MS. BAILEY: I can certainly wordsmith 17 exactly what you suggested and make that as an addition 18 towards the end of the Joint Action Agreement. If you all, 19 for instance, want to pass it with the proviso that it have 20 that language in there, I can draft the language, maybe get 21 back with you today, and make sure that you and I are 22 comfortable, and Mr. Motley, with the language, and then I 23 can make that report to the City Council tomorrow evening. 24 COMMISSIONER LETZ: I think so. And the only 25 other -- just to go back to where we were at the last 7-26-04 75 1 meeting, the changes -- or that we added, let's go to Page 4 2 of 10. In the middle of that paragraph, related to 3 management contract, it specifically now says "contracts" 4 with other providers, which implies that there may be more 5 than one; that the Board may contract with more than one 6 entity or party, public or private. And the other is 7 something that we talked about at the last meeting. And 8 then also, on that same page, something that was not 9 discussed at our meeting, but was discussed at the last 10 committee meeting; I believe it was Ilse or Ron Patterson 11 brought up the Board shall not enter into litigation of any 12 kind without prior notification to the governing bodies. 13 COMMISSIONER WILLIAMS: That was the City's 14 suggestion. 15 COMMISSIONER LETZ: That was the City's 16 suggestion. 17 JUDGE TINLEY: Mm-hmm. 18 COMMISSIONER LETZ: And then, on the next 19 page, under -- still under Paragraph 5, the Board shall 20 insure an audit is performed. That was a concern that 21 Commissioner Baldwin had. Those are the main changes, I 22 think, that were made. The rest of them -- 23 COMMISSIONER WILLIAMS: Those were the 24 changes, but I'd like for Mr. Motley and Ms. Bailey to -- to 25 give the Court the benefit of the current discussion and/or 7-26-04 76 1 concurrence on the issues Mr. Motley raised with respect to 2 constitutionality, Paragraph 8. 3 MR. MOTLEY: There's no problem on that. 4 And -- and the only reason I put that down is -- to begin 5 with is that it's my understanding that you wanted a kind 6 of -- just a quick review and commentary in time for a 7 meeting on the Friday -- you know, I got it on Wednesday, 8 and you had a meeting -- I think you and Jonathan had a 9 meeting Friday morning, and I was trying to do something 10 real quick and run through this. I just read it, and those 11 are the things that jumped out at me. I don't think there's 12 a constitutional problem. I think the issue that you all 13 are raising about, procedurally, if something were to occur 14 halfway through the life of this -- the term of this Joint 15 Operating Agreement, I just think there needs to be a means 16 to address it. I really think Ilse's agreement probably 17 contemplates that we would sit down and try to talk it out, 18 'cause if I'm -- I don't have the file in front of me, but 19 seems to me like Paragraph 8 says something like, if we 20 don't have an agreement and then there's a breach and then a 21 month comes, this is the result. So, I think it really 22 contemplates the City and County would try to sit down and 23 work it out, and I think that's what we ought to do. 24 My only problem -- and my only thing I'm 25 mentioning -- I think all of you have mentioned today -- is 7-26-04 77 1 if we go to the City and say we have an issue with whatever, 2 some -- something in the Joint Operating or Joint Management 3 Agreement, and we're not able to sit down with the City and 4 work it out, if, for some reason, they're very firm on their 5 position, we're very firm on ours, and we're not able to 6 work it out, then if we have a breach at that point, then it 7 seems to me that the consequence is rather drastic. And 8 that's what I was saying. There might ought to be -- you 9 know, I wasn't really sure where that consequence was -- 10 was, coupled with the actions. But, I mean, that's part of 11 being on the airport advisory committee that y'all are on. 12 Y'all understand that, and that's something that you felt 13 apparently that if we can't come to agreement on the -- on 14 some problem in the Joint Management Agreement, if you can't 15 have an agreement on that, then we want the airport to go 16 on -- obviously, to go on, but to be managed 100 percent by 17 the other party. And -- and that makes sense. And, you 18 know, the value -- as Ilse pointed out, the value of the 19 airport is not the real estate and the buildings, per se. 20 It's the -- 21 COMMISSIONER WILLIAMS: The operation. 22 MR. MOTLEY: -- community. We had it 23 mentioned at Rotary this week, and I can't remember -- I 24 think Dave Pearce said something like $32 million impact or 25 something in the community, which is a phenomenal amount of 7-26-04 78 1 money. We want to keep that operating. I just thought that 2 it -- if there was a reason that the City and County 3 couldn't agree before the breach, that there ought to be a 4 provision in there somehow that something could -- you know, 5 again, nobody would be forced to go into a mediation 6 situation at that point in time, and that wouldn't 7 necessarily have to take a long time. But it just seemed to 8 me that if we're firm on our position, they're firm on their 9 position, we can't agree, then the result is we're out of 10 the deal. And if that's what the executive decision is, 11 then I don't have any problem with that, if that makes 12 sense. I don't know if that makes sense or not. I didn't 13 realize that's what the commission -- the group, whatever -- 14 whoever's doing this consideration, I didn't realize that's 15 what they wanted to do. If that's what they want to do, 16 then I don't really have a problem with it. 17 COMMISSIONER LETZ: I think part of it is 18 that we are organizing the airport under the Transportation 19 Code, and there's a lot of language in the Transportation 20 Code that goes onto this, and that is really the only way 21 that we can operate it, is under the Transportation Code. 22 MR. MOTLEY: Sure. 23 COMMISSIONER LETZ: For two owners. I think 24 the reason for the -- part of the reasoning for the 25 transferring of all interest to the other party is so that 7-26-04 79 1 the airport can operate, 'cause there really isn't another 2 mechanism that's legal. And that's, you know -- 3 MS. BAILEY: That's correct. And -- 4 MR. MOTLEY: Probably transfer it to the 5 federal government. They could probably transfer it to 6 someone else. If both of us agree, we could probably make 7 some arrangement to sell it to a private something-or-other, 8 but I don't see that happening. 9 COMMISSIONER LETZ: Okay. But I think as 10 long as we have the provision that Ilse is alluding to, I 11 think that one's more -- 12 MR. MOTLEY: I think that's great. I'll be 13 happy to look it over if she wants to buzz me or send me a 14 copy of that paragraph. 15 MS. BAILEY: I'll draft it and get with 16 both David and the Judge, and when we reach an agreement 17 on language that we're happy with, then I'll present that 18 also to the Council tomorrow night as a proposed addition 19 to the -- 20 JUDGE TINLEY: The modification or addition 21 could make reference also to resolving a good-faith dispute. 22 MR. MOTLEY: I think -- you know, I think 23 we -- 24 JUDGE TINLEY: At that point, it'll take it 25 out of the default and -- and determination. 7-26-04 80 1 MR. MOTLEY: I don't really feel like we're 2 going to have a problem. We got to figure out, what if the 3 -- the most unforeseen thing happens? I don't think we're 4 going to have a problem, 'cause I think the City and County 5 both desire the same thing. I think we want smooth 6 operation. You know, as the end result, we want the airport 7 to run smoothly. Maybe there's disagreements about how to 8 do that sometimes, but -- 9 COMMISSIONER LETZ: I think the reason for 10 the provision being put in there to start with was more -- 11 not of us not getting along, but if one of us wants out. 12 It's a way for one of us to -- it was more of a proactive 13 reason for having it, as opposed to a problem development, 14 if one of us says, "We've had enough of this." 15 MR. MOTLEY: To give the other party 100 16 percent responsibility. 17 COMMISSIONER LETZ: "You can have it." 18 MR. MOTLEY: Okay. Well, I didn't -- I 19 didn't look at it like that. 20 COMMISSIONER WILLIAMS: So, let me see if I 21 understand correctly, then. We're going to revise a new 22 paragraph -- or we're going to revise a paragraph as per 23 Judge Tinley's suggestion? 24 MS. BAILEY: Either revise a paragraph or add 25 a separate paragraph at the end of the joint action 7-26-04 81 1 agreement that reflects something along the lines that, in 2 the event either party wants to address an issue or has a 3 good-faith dispute about an issue about airport running, 4 that making a request to the other party shall not be a 5 notice of default or an event of default that activates the 6 termination provision. 7 COMMISSIONER WILLIAMS: Okay. With that 8 understanding -- 9 JUDGE TINLEY: Notice of cancellation. 10 MS. BAILEY: Yes. 11 COMMISSIONER WILLIAMS: With that 12 understanding or explanation, I would move, Judge, the 13 approval of the interlocal agreement for joint management of 14 Kerrville/Kerr County Airport, known as the Joint Action 15 Agreement, with the understanding that -- with the inclusion 16 of language similar to what Ms. Bailey just spoke to. 17 COMMISSIONER LETZ: Second. 18 JUDGE TINLEY: Motion made and seconded for 19 approval as drafted, with the inclusion of the appropriate 20 language that we just discussed. I have one more item, and 21 I mentioned this earlier, on Page 6. 22 COMMISSIONER WILLIAMS: Page 6? 23 MS. BAILEY: Judge, do you also need to 24 include that authorization to sign the one that you just -- 25 COMMISSIONER WILLIAMS: Yes, that includes 7-26-04 82 1 authorization. I think we're all signing. 2 COMMISSIONER LETZ: We all sign this 3 document. 4 COMMISSIONER WILLIAMS: We're all going to 5 sign. 6 MS. BAILEY: Okay. You're not on the next 7 one yet. I'm sorry; I'm ahead of you. 8 COMMISSIONER WILLIAMS: On this one, 9 everybody's going to sign. 10 JUDGE TINLEY: (c)(ii). I mentioned this 11 before, about the -- what, sixth? Sixth line, "within 30 12 days after receiving notice." I sure want "written" notice 13 there. It got struck previously, and I mentioned that 14 earlier. 15 COMMISSIONER WILLIAMS: We did talk about 16 that. 17 MS. BAILEY: I apologize; I must have just 18 missed it. 19 JUDGE TINLEY: It got eliminated. It was in 20 the original draft, and in the subsequent draft it got 21 eliminated. I said I wanted it back in. 22 COMMISSIONER WILLIAMS: We did speak to it. 23 COMMISSIONER LETZ: Should be in there. 24 COMMISSIONER WILLIAMS: Should be in there. 25 MS. BAILEY: I'll make certain that that 7-26-04 83 1 change is put in and brought to the Council's attention as 2 well. 3 JUDGE TINLEY: Anything else on this 4 particular motion? All in favor of the motion, signify by 5 raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: That motion does carry. 10 COMMISSIONER LETZ: Judge, in addition to 11 this action, I believe at the same time, we need to make 12 probably the appointments. 13 COMMISSIONER WILLIAMS: It's not on the 14 agenda. You and I need to talk. 15 COMMISSIONER LETZ: We need -- 16 COMMISSIONER WILLIAMS: I forgot to put it 17 on, the appointment of our board member, but you and I need 18 to talk. 19 COMMISSIONER LETZ: I was wondering. I mean, 20 I think it could be handled -- 21 JUDGE TINLEY: Yeah, I -- 22 COMMISSIONER LETZ: -- under the agenda the 23 way it's posted. 24 COMMISSIONER WILLIAMS: You and I still need 25 to talk. 7-26-04 84 1 JUDGE TINLEY: Since the agreement -- since 2 the agreement provides for, upon approval, the appointment 3 of those members, I think it would be included. 4 COMMISSIONER WILLIAMS: Okay. If -- that's 5 -- that's okay, but Commissioner Letz and I need to talk a 6 minute. 7 JUDGE TINLEY: Okay. Do you want to, to give 8 you time, take the other one and come back to it? 9 COMMISSIONER LETZ: Let's. 10 JUDGE TINLEY: Good point. Why don't we go 11 on to 14 and then we'll come back to this item. Next item 12 is consider, discuss, and take appropriate action on the 13 Airport Management Contract. 14 COMMISSIONER WILLIAMS: You need it, Jon? 15 You got it? 16 COMMISSIONER LETZ: I got it. I just had 17 to find it. I have too many drafts. Ilse, on Page 3, can 18 you go over the reason for the lengthy revision of 19 Paragraph (d)? 20 MS. BAILEY: Yeah. The City Attorney had 21 some concerns that we wanted to make sure -- since we're 22 creating -- we don't want to create an attorney-client 23 relationship that's broader than it really needs to be, 24 because there are theoretical circumstances where the City, 25 as a contractor providing legal services through the City 7-26-04 85 1 Attorney's office, might end up with an issue where the City 2 doesn't have the same interests as the Airport Board. And 3 in those circumstances, just like in any insurance contract, 4 it provides that -- you know, where there's a conflict, the 5 attorney that's set by contract would represent one entity, 6 and that then the client would go and -- and have separate 7 legal counsel, so as to make sure that their own interests 8 were completely represented by someone who didn't have 9 conflicting interests also. 10 COMMISSIONER LETZ: So, basically, what we're 11 saying is that in future years, when this contract is 12 negotiated, the Airport Board hires outside council to 13 represent it in the negotiations with -- 14 MS. BAILEY: It could. It could, unless it 15 felt like there was no -- there was no conflict, no change. 16 COMMISSIONER LETZ: Right. 17 MS. BAILEY: But I think that's what it's 18 providing for. It's just acknowledging the fact that -- I 19 can't really give you an example right now, 'cause I don't 20 think we have any conflicts, but there could be 21 circumstances where the Airport Board would have interests 22 that weren't our interests. And -- and I, as Assistant City 23 Attorney, certainly have to have my primary loyalty to the 24 City and not -- not primarily loyalty to the Airport Board. 25 But the Board's entitled to have its own counsel with 7-26-04 86 1 primary loyalty to it. 2 JUDGE TINLEY: Question. Is there any -- any 3 requirement that the City has under this agreement, as it 4 presently exists, that the City would be required to -- to 5 solicit proposals for various phases of -- of the work to be 6 performed under this agreement? 7 MS. BAILEY: No. 8 JUDGE TINLEY: Okay. 9 MS. BAILEY: I mean, we have the option to do 10 it, but there's not a requirement within this. 11 JUDGE TINLEY: Okay. 12 COMMISSIONER LETZ: I think the -- the 13 thought has been that, because of where we are in the year 14 with budget coming up, that, in all likelihood, they will 15 continue operations as they currently are, and that next 16 year, after the Airport Board's had a year of -- of 17 operations behind it, then kind of look very closely at the 18 various components and determine at that time if it chooses 19 to go out for multiple bids on certain facets of the 20 operation. 21 JUDGE TINLEY: That'll be a Board decision. 22 COMMISSIONER LETZ: That's a Board decision 23 to do that. And that's in the -- I think the Joint Action 24 Agreement reflects that there can be multiple management 25 contracts. 7-26-04 87 1 MS. BAILEY: That's my understanding as well. 2 JUDGE TINLEY: The Exhibit A -- lacking 3 something better, there was some information or 4 documentation furnished under date of June the 29th; 5 expenditure analysis, I believe. That's not the correct 6 one. Management contract supporting information, June 29th. 7 That has the various allocations made. Was that what is 8 intended to be Exhibit A? It wasn't attached to the copy I 9 got. 10 MS. BAILEY: Yes, I believe so. 11 JUDGE TINLEY: Okay. 12 MS. BAILEY: Far as I know, there have not 13 been any changes to that, and if there are changes, it'll be 14 taking out words like "draft" and explanatory notes, and 15 just having the numbers themselves there. 16 JUDGE TINLEY: Well, it gives allocation of 17 various services; administrative, legal, accounting, 18 engineering, so forth, and allocates a certain amount of 19 time and rates. 20 MS. BAILEY: That's the -- I believe that's 21 the final. 22 JUDGE TINLEY: Okay. 23 COMMISSIONER WILLIAMS: I believe that's the 24 last iteration, wasn't it, Jon? 25 COMMISSIONER LETZ: Yeah, I believe so. And 7-26-04 88 1 -- but, actually, while the Judge was talking, it made me 2 think of something that I'm a little uncomfortable with. I 3 think that the budget process, because we are -- we're 4 already at the deadline that is contemplated as when the 5 budget information would be coming from the Airport Board to 6 the City and the County, and with the default provision for 7 not funding the budget, I'm a little concerned about the 8 budget process this year. 9 MS. BAILEY: And, again, I think that this 10 was drafted for purposes of -- of ongoing years. I think 11 everybody recognizes that we may not be able to make a date 12 that is either behind us or in the next day or two. 13 COMMISSIONER WILLIAMS: We won't make this 14 July -- might not make the July 30 date, but our deadline is 15 September 30. 16 MS. BAILEY: I think September 30th is really 17 a more critical date. 18 COMMISSIONER WILLIAMS: That's the critical 19 date; has to be in place by then. 20 COMMISSIONER LETZ: I just think the Airport 21 Board needs to get -- you know, once it's put in place, it 22 needs to get really up to speed on the -- on the '04-'05 23 budget. 24 COMMISSIONER WILLIAMS: Immediately. 25 COMMISSIONER LETZ: Because it's a -- you 7-26-04 89 1 know. 2 COMMISSIONER WILLIAMS: Immediately. 3 COMMISSIONER LETZ: That's my only comment. 4 JUDGE TINLEY: Let me -- let me raise one 5 more. This is rather minor, you'll be happy to know. Page 6 1 at the very bottom of the page, number 2, terms of 7 agreement. Owners are not entering into this agreement, are 8 they? It's just the contractor and Board? 9 COMMISSIONER WILLIAMS: Correct. 10 MS. BAILEY: Yes, you're right. And I need 11 to change that. 12 JUDGE TINLEY: Okay. Just delete "owners." 13 MS. BAILEY: Yes. 14 JUDGE TINLEY: Now, we've referred to 15 "owners" above, which is fine for reference purposes, but -- 16 MS. BAILEY: Right. 17 JUDGE TINLEY: -- but the actual entering 18 into the agreement are the -- the independent contractor and 19 the Board. 20 COMMISSIONER WILLIAMS: That was changed on 21 the signature page, Judge, to take you out and put the Board 22 president in. 23 MS. BAILEY: I changed the first paragraph to 24 make it clear who the contract was between, and didn't make 25 sure I went back and corrected all that in the body of the 7-26-04 90 1 contract. 2 COMMISSIONER LETZ: Right. And I think the 3 intent of the City is -- related to these is to not execute 4 the agreements -- pretty much have everyone in place and 5 everyone -- everything done so that, as soon as the Joint 6 Airport -- both agreements become in effect simultaneously 7 to avoid the situation of the City and the County not having 8 any authority and not having a board in place yet. 9 JUDGE TINLEY: Yeah. Because -- 10 COMMISSIONER LETZ: Right. 11 JUDGE TINLEY: -- the initial agreement does 12 away with the old board. 13 COMMISSIONER WILLIAMS: Right. 14 COMMISSIONER LETZ: Right. But also, it 15 also -- the Joint Action Agreement removes the City and the 16 County from any authority, or almost all authority. So I 17 think that the -- the order that the City's going to sign 18 these is such that it's all done simultaneously, with 19 appointees -- 20 COMMISSIONER WILLIAMS: It is to prevent the 21 potential of having a Joint Action Agreement without having 22 a contractor in place as well. 23 COMMISSIONER LETZ: Right. That's what I was 24 trying to say. 25 JUDGE TINLEY: Sure. 7-26-04 91 1 COMMISSIONER LETZ: Though it will -- the 2 Joint Action Agreement or the new Airport Board may have 3 just the two County and the two City representatives 4 initially until the at-large appointees are there, but there 5 is at least a -- you know, a board there that can make 6 decisions. 7 JUDGE TINLEY: Are we -- are we saying at 8 this point that approval of -- of the management contract, 9 to whatever degree we have approval, should be contingent 10 upon the full implementation of the Joint Action Agreement? 11 COMMISSIONER LETZ: We could either do that, 12 or I think it's the City's intent not to sign -- 13 MS. BAILEY: It is certainly correct that 14 it's not our intent to have one activated without the other. 15 COMMISSIONER LETZ: Yeah. 16 COMMISSIONER WILLIAMS: Sign them both at the 17 same time. 18 MS. BAILEY: Yes. 19 COMMISSIONER LETZ: I move approval of the 20 Airport Management Contract form. 21 COMMISSIONER WILLIAMS: Second. 22 JUDGE TINLEY: With the minor -- 23 COMMISSIONER LETZ: With the minor 24 modifications we discussed. 25 JUDGE TINLEY: Okay. Motion made and 7-26-04 92 1 seconded for approval of the Airport Management Contract 2 with the minor corrections. Any further question or 3 discussion? All in favor of the motion, signify by raising 4 your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: Are we ready to go back to -- 9 COMMISSIONER WILLIAMS: Will you give Mr. 10 Letz and I a minute or two? 11 JUDGE TINLEY: I'll be glad to do that. 12 MS. BAILEY: In the meantime, I'll try to get 13 the wording from the court reporter that I so eloquently 14 stated earlier. Maybe we can get that approved right away. 15 (Discussion off the record.) 16 JUDGE TINLEY: Okay. Let's come back to 17 order. Okay, we're back to reconsideration under Item 13, 18 consider, discuss, and take appropriate action on the 19 interlocal agreement for joint management of the airport, 20 dealing with the requirement of the contract which requires 21 that we name the members to be on that board. 22 COMMISSIONER LETZ: I think the best way to 23 proceed at this point is for the Court to appoint its two 24 members, and then the -- then in the agreement, the Court 25 has to agree with the City Council as to the three at-large 7-26-04 93 1 members. And I would recommend that the Court delegate that 2 its two members to work out those three at large members, 3 with the contingency -- or condition that those three 4 members need to come from the current Advisory Board. 5 COMMISSIONER WILLIAMS: We would be working 6 it out with the two City appointments -- the two City 7 Council appointments, so the two City Councilmen and two 8 Commissioners would get together to populate the rest of the 9 board. 10 COMMISSIONER LETZ: But -- 11 JUDGE TINLEY: From the existing -- 12 COMMISSIONER WILLIAMS: From the existing 13 five. 14 COMMISSIONER LETZ: If, for some reason, they 15 wanted to go outside, we'd come back to the full Court to 16 make that decision. 17 COMMISSIONER NICHOLSON: I'm good with that. 18 JUDGE TINLEY: Seems reasonable. 19 COMMISSIONER NICHOLSON: Do you have a good 20 feel that at least three of the current members would be 21 willing to serve? 22 COMMISSIONER LETZ: Yes. 23 COMMISSIONER WILLIAMS: Yes, sir, we do. 24 COMMISSIONER NICHOLSON: I think that's 25 important. 7-26-04 94 1 JUDGE TINLEY: Good continuity, I think, too. 2 COMMISSIONER LETZ: I make a motion that 3 Commissioner Williams and myself be appointed to the Airport 4 Board, and be -- 5 COMMISSIONER WILLIAMS: Empowered. 6 COMMISSIONER LETZ: -- empowered to work out 7 with the City the other three -- the three members at large. 8 COMMISSIONER WILLIAMS: The two City 9 representatives. Not the entire Council, but two City 10 representatives. Two City Council people. 11 COMMISSIONER LETZ: That's what I said. 12 COMMISSIONER WILLIAMS: I want Ilse to 13 understand. 14 COMMISSIONER LETZ: Yes. That's my motion. 15 JUDGE TINLEY: Okay. Well, I have a motion 16 to that effect. Do I hear a second? 17 COMMISSIONER NICHOLSON: I second. 18 JUDGE TINLEY: Motion made and seconded. Any 19 further question or discussion on this agenda item -- this 20 motion? All in favor of the motion, signify by raising your 21 right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: Thank you, gentlemen. That -- 7-26-04 95 1 COMMISSIONER WILLIAMS: We are closing in on 2 it. 3 JUDGE TINLEY: Yes-indeedy. 4 COMMISSIONER NICHOLSON: At the break, we 5 were talking about this effort, and it's really -- 6 congratulations to you two, and the others that have worked 7 with you on that to -- it's really a lot of progress, and I 8 know it was a lot of hard work too. So, this is -- this is 9 -- and it's a good example of how the City and the County 10 can work together to the benefit of all of our stakeholders. 11 Good work. 12 COMMISSIONER WILLIAMS: That's correct. It 13 has been a good, long -- long process, but hard. 14 COMMISSIONER NICHOLSON: Yeah. 15 COMMISSIONER WILLIAMS: But a valuable 16 process. 17 JUDGE TINLEY: I think it gives -- gives an 18 opportunity for -- for the Board to take advantage of a 19 number of matters that they can avail themselves of, with -- 20 with all the activity at that airport. There's been a 21 tremendous amount of activity, and there's a lot of current 22 interest right now, and we want to be able to take advantage 23 of that. Why don't we move on to the next item; consider, 24 discuss, and take appropriate action on a resolution 25 authorizing Kerr County to file an application with the 7-26-04 96 1 Texas Water Development Board for grant money to undertake 2 planning and preliminary engineering for a Center Point 3 wastewater system. Commissioner Williams. 4 COMMISSIONER WILLIAMS: Thank you, Judge. 5 I've been devoting a lot of time, in addition to the 6 Kerrville South project, in thinking about and working 7 toward an opportunity to provide a wastewater collection 8 system for the community of Center Point. This has taken a 9 good while to get to this point, and what brings me to this 10 point to ask the Court for permission today is -- is the 11 meetings I had in Austin about two weeks ago, in which we 12 identified sources of funding available in Texas Water 13 Development Board for this purpose. I think I mentioned to 14 the Court before, I met with those folks. I met with 15 Representative Hilderbran's staff, Senator Fraser's staff, 16 and the Lieutenant Governor, all of whom believe it's a 17 viable project and one that we should begin to get involved 18 with. You might recall that the City of Center Point, when 19 it was still incorporated -- I'm going to lay this down in 20 front of you, Judge. 21 JUDGE TINLEY: Okay. 22 COMMISSIONER WILLIAMS: All the Commissioners 23 can see it. City of Center Point, when it was incorporated, 24 had gotten enough funds -- I don't know where all those 25 spots came from; must have got rainwater on it. I've got a 7-26-04 97 1 cleaner copy, but anyhow, they had raised enough funds to -- 2 to get Southwest Engineers involved in doing a preliminary 3 study, and that study originally commissioned by them took 4 in basically central city and over here. In discussing this 5 with our engineer friends at Tetra Tech, who agreed, pro 6 bono, to update this -- this aerial, we now include some 7 other things. And I apologize; I didn't know that the water 8 had gotten on it. I've got a clean copy. But what we now 9 include as a potential system are the homes on the north 10 side behind the Mini-Mart; we include coming out Elm Pass 11 Road and picking up the Elm -- Elm -- 12 JUDGE TINLEY: Elmwood. 13 COMMISSIONER WILLIAMS: -- Elmwood Mobile 14 Home Park, which is probably on the threshold of changing 15 ownership, and that one will expand, because there's plenty 16 of property left there to expand it. And going on down and 17 coming in on Verde Creek and picking up all the homes on 18 Verde Creek that have had septic problems in the past 19 associated basically with flooding, and then going over on 20 the other side and picking up the Center Point Independent 21 School District's athletic complex. My discussions with the 22 C.P.I.S.D. indicate that the city -- the school district has 23 an option to purchase this block of land right here for 24 future expansion of the school operation, and so it would 25 make sense that any design to incorporate a line that would 7-26-04 98 1 go and take care of this extension as well the athletic 2 fields. 3 So, what I'd like to do is file an 4 application with the Texas Water Development Board. There 5 are two -- at least two sources of funding. I apologize for 6 the spots. I honestly didn't know. It was in the back of 7 my car; I must have had a window down, but I've got a clean 8 copy if someone else wants to see it. There are two sources 9 of funding potentially available. One of them, as I 10 indicated to you, is the SCHP fund, the -- where's my 11 resolution? -- the Small Community Hardship Program. And 12 the other fund that is potentially available for water and 13 wastewater is the Disadvantaged Community Fund, which I 14 think comes out of their revolving water and wastewater pot. 15 And, so, what I'm asking the Court today is to give me 16 authority to move forward and perfect an application with 17 the Texas Water Development Board for the purposes of 18 obtaining funding for preliminary study and engineering. 19 COMMISSIONER LETZ: Is that a motion? 20 COMMISSIONER WILLIAMS: Yes, sir. 21 COMMISSIONER LETZ: Second. 22 JUDGE TINLEY: Motion made and seconded for 23 approval of the agenda item. Any further questions or 24 discussion? 25 COMMISSIONER LETZ: This is just a -- this is 7-26-04 99 1 basically a grant to study? 2 COMMISSIONER WILLIAMS: And do preliminary 3 engineering. 4 COMMISSIONER LETZ: In that process, I would 5 encourage you to make sure that the study includes two 6 options; one option going all the way to Comfort and tying 7 in with the Kendall County Water Conservation District 8 Number 1, and the other option is coming back to the city of 9 Kerrville. 10 COMMISSIONER WILLIAMS: I'm glad you 11 mentioned that, Commissioner. I meant to make that point. 12 Originally -- it's a good point; the Court needs to hear 13 this. Originally, the little town had considered only one 14 option, and that was to have a wastewater treatment plant 15 situated in the community. That, to me, is not a viable 16 option. It's an expensive option, unnecessary, and I doubt 17 seriously that, in my lifetime, you could get a discharge 18 permit to the river. So, that is a big "X" mark on that, 19 leaving either going east or west and come out on 480 and 20 27. So, the option is clearly there to go either to 21 Comfort, which would require a special reg -- special -- 22 getting across county lines and into a water district. 23 Requires some added work, but it's not impossible. It's 24 done. Or coming back east -- west to the city of 25 Kerrville's facilities, which are stopped at the airport. 7-26-04 100 1 And, so, this does envision one or the other, and the cost 2 will be -- will be assessed to determine what that's all 3 about. 4 COMMISSIONER LETZ: Right. And the option -- 5 the reason I bring it up, if you get close to Comfort, along 6 the way, the logical right-of-way route would be Highway 27, 7 and there are several pretty high-density communities along 8 Highway 27, and when you get into Comfort, there are some 9 proposed developments right in Kerr County right before you 10 get to the county line. And the Kendall County Water 11 Conservation District Number 1, which serves the water and 12 sewer for the Comfort area, has the ability to cross into 13 Kerr County under their charter, so there's -- and they have 14 tremendous -- they have a lot of capacity, 'cause they just 15 did a huge upgrade to that facility. So, it's a -- and the 16 benefit is that it's a gravity flow in that direction, 17 whereas it has to be pumped the other direction. 18 COMMISSIONER WILLIAMS: Yeah, take it from 19 the lift station coming back this way. But that would be 20 part of the study to determine the cost feasibility one way 21 or the other. 22 COMMISSIONER LETZ: Right, okay. 23 JUDGE TINLEY: Any further question or 24 discussion on the motion? All in favor of the motion, 25 signify by raising your right hand. 7-26-04 101 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: That motion does carry. With 5 the permission of the Court, I'd like to pass on executive 6 session right now and move forward the approval agenda. 7 First one is payment of the bills. We have the auditors 8 right here today. 9 MS. WILLIAMS: Morning. 10 COMMISSIONER LETZ: Move we pay the bills. 11 COMMISSIONER WILLIAMS: Second. 12 COMMISSIONER NICHOLSON: Second. 13 COMMISSIONER WILLIAMS: In lieu of 14 Mr. Baldwin -- Commissioner Baldwin, who would normally do 15 that. 16 JUDGE TINLEY: Motion made and seconded for 17 the payment of the bills. Do we have any questions or 18 discussion on the motion? All in favor of the motion, 19 signify by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: That motion does carry. 24 Budget Amendment Request Number 1. 25 MS. WILLIAMS: We need to reallocate some 7-26-04 102 1 funds to pay some travel expenses that have been incurred. 2 Right now, the -- that particular line item is zeroed out, 3 and we also need to reallocate some money. They really 4 didn't budget enough for postage, not realizing that they'd 5 have as much to mail out as what they actually are having to 6 do. There is a little bit of surplus in the Group Insurance 7 line item, and if it's acceptable to the Court, we'd like to 8 move $514.48 out of that line item into these other two 9 areas. 10 COMMISSIONER LETZ: So moved. 11 COMMISSIONER NICHOLSON: Second. 12 JUDGE TINLEY: Motion made and seconded for 13 approval of Budget Amendment Request Number 1. Any question 14 or discussion? 15 COMMISSIONER LETZ: Judge, a comment. On 16 Reimbursed Travel, are they planning to curtail their 17 expenses through -- for a while? Or -- 18 MS. WILLIAMS: I'm not real sure; can't 19 answer that one. This is travel for Laurinda. She does a 20 lot of 4-H stuff, leadership classes, things along that 21 line. She has to take the kids here, there, and yonder, and 22 that's basically what this Reimbursed Travel line item is 23 for. I figure that maybe they didn't realize that she was 24 going to be traveling as much as what she actually is. 25 COMMISSIONER WILLIAMS: And fuel costs have 7-26-04 103 1 gone up considerably, too. 2 MS. WILLIAMS: Well, yes, sir, but we do pay 3 by the state travel guide. 4 JUDGE TINLEY: I think the Commissioner's 5 question may have been they're just asking for enough to 6 cover what -- 7 MS. WILLIAMS: What she has right now. I 8 have no idea what she's planning on doing in the future. 9 COMMISSIONER LETZ: Okay. 10 JUDGE TINLEY: Any further question or 11 discussion? All in favor of the motion, signify by raising 12 your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: That motion does carry. 17 Budget Amendment Request Number 2. 18 MS. WILLIAMS: We have an autopsy bill that 19 we need to pay, and we've run out of money again. So, what 20 we would like to do is -- is, if the Court will approve it, 21 we want to move the money out of the Address Coordinator 22 line in Nondepartmental, and move that money up to Autopsy 23 and Inquest to pay this bill. 24 COMMISSIONER LETZ: So moved. 25 COMMISSIONER WILLIAMS: Just one quick 7-26-04 104 1 question, Mindy. Is the address coordinator -- we're no 2 longer doing that, so this is an excess in that line? 3 MS. WILLIAMS: Yes, sir, right. 4 COMMISSIONER WILLIAMS: Okay. 5 JUDGE TINLEY: Motion made -- do I hear a 6 second? 7 COMMISSIONER WILLIAMS: Second. 8 JUDGE TINLEY: Motion made and seconded for 9 approval of the Budget Amendment Request Number 2. Do I -- 10 is there any question or discussion? All in favor of the 11 motion, signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: That motion carries. Budget 16 Amendment Request Number 3. 17 MS. WILLIAMS: We have some Court-Appointed 18 Services for attorneys out of the 216th District Court, 19 looks like, that we need to pay, but we're out of funds in 20 that line item. So, what we're asking is to move some money 21 out of this Special Trials line item up to Court-Appointed 22 Services, to where we can pay those bills. And then we also 23 have dues for both of the District Judges that we need to 24 pay, $30 dues. Right now, their Dues and Publications line 25 items are zeroed out, and we need to move $30 out of each 7-26-04 105 1 one of those. And, again, we want to take those moneys out 2 of Special Trials. 3 COMMISSIONER NICHOLSON: Move to approve. 4 COMMISSIONER LETZ: Second. 5 JUDGE TINLEY: Motion made and seconded for 6 approval of Budget Amendment Request Number 3. Any question 7 or discussion? 8 COMMISSIONER NICHOLSON: I suppose that -- 9 the issue that Commissioner Letz raised earlier; they'll 10 probably be back for more transfers to pay for 11 court-appointed services between now and the end of the 12 year. 13 JUDGE TINLEY: Well, the court-appointed 14 services, Commissioner, is something other than lawyers, I 15 think. That's for -- 16 COMMISSIONER LETZ: Psychological. 17 JUDGE TINLEY: -- competency, things of that 18 nature. 19 COMMISSIONER NICHOLSON: So that's not 20 predictable. 21 JUDGE TINLEY: Investigators, possibly -- 22 well, no, I think investigators is even a separate line 23 item, isn't it? 24 MS. WILLIAMS: I'm not sure. I think 25 investigators, psychologicals, something along that line, 7-26-04 106 1 other than court-appointed attorneys. This particular bill 2 is on a psychological, I believe. 3 JUDGE TINLEY: Okay. 4 MS. WILLIAMS: On a capital case. 5 JUDGE TINLEY: Well, if they got to come 6 back, they got to come back. 7 COMMISSIONER LETZ: Probably the same 8 capital -- same case as what the Special Trials was budgeted 9 for. 10 JUDGE TINLEY: Any other questions or 11 discussion? All in favor of the motion, signify by raising 12 your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: That motion does carry. 17 Budget Amendment Request Number 4. 18 MS. WILLIAMS: Okay. What we have here is, 19 we have a bill for vet services. It's been incurred on an 20 adoption out at the Animal Control -- animal shelter. 21 They're adopting out more animals than what we had 22 anticipated for the year, and of the moneys that we collect, 23 $40 of that goes to the vet for either spaying/neutering and 24 rabies shot. We've run out of money. They've got just that 25 many more animals. What we're wanting to do is increase the 7-26-04 107 1 budget to accommodate, say, another -- we figured it out the 2 other day -- like, 15 or so animals to hopefully carry us 3 through the end of September. That was one of the reasons 4 we asked to move $640.75 instead of having to come back to 5 the Court every time we get a bill. 6 COMMISSIONER NICHOLSON: Move to approve. 7 COMMISSIONER LETZ: Second. 8 JUDGE TINLEY: Motion made and seconded for 9 approval of Budget Amendment Request Number 4. Any question 10 or discussion? All in favor of the motion, signify by 11 raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: Motion does carry. Budget 16 Amendment Request 5. 17 MS. WILLIAMS: Constable, Precinct 2. He's 18 needing to increase his Postage line item. He is mailing 19 out a lot more information to people, trying to get them to 20 come in and help take care of some of these problems, so 21 his -- his postage has just gone, you know, beaucoup. He's 22 doing a lot more work. 23 COMMISSIONER WILLIAMS: Move to approve. 24 COMMISSIONER LETZ: Second. 25 JUDGE TINLEY: Motion made and seconded for 7-26-04 108 1 approval of Budget Amendment Request 5. Any question or 2 discussion? All in favor, signify by raising your right 3 hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: Budget Amendment Request 6. 8 MS. WILLIAMS: This one is for the County 9 Jail and the Sheriff's Department. We have some bills that 10 need to be paid for vehicle maintenance, and they have 11 zeroed that line item out. We would like to move the money 12 out of the Group Insurance line item in the jail to pay for 13 said vehicle maintenance. There is also expenses that need 14 to be paid out of the Operating line item, and also Vehicle 15 Repairs and Maintenance for the Sheriff's Department, and 16 again, there is a surplus in both of those budgets' Group 17 Insurance line item where we could move these moneys without 18 causing a hardship. 19 COMMISSIONER NICHOLSON: Tell me what's 20 happening on this -- on Group Insurance. A number of these 21 involve transferring money from that code to, I believe, 22 various things. 23 MS. WILLIAMS: I believe when the budget was 24 proposed last year, we budgeted at the current rate. At 25 January 1st, I believe the rate went down, which puts a 7-26-04 109 1 little bit of a surplus in each department's Group Insurance 2 item. 3 COMMISSIONER NICHOLSON: I think you've 4 explained that to me before; probably will have to about one 5 more time between now and next budget. 6 MS. WILLIAMS: That's okay, as long as I know 7 the answer. 8 COMMISSIONER NICHOLSON: Thank you, Mindy. 9 MS. WILLIAMS: You're welcome. 10 COMMISSIONER LETZ: We need a motion on that? 11 So moved. 12 COMMISSIONER WILLIAMS: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval of Budget Amendment Request 6. Any question or 15 discussion? All in favor, signify by raising your right 16 hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: That motion does carry. 21 Budget Amendment Request Number 7. 22 MS. WILLIAMS: Okay. This is for the County 23 Clerk, and I'm not sure what Jannett has, but it looks like 24 she wants to move money into her Part-Time Salary line item, 25 and it may be that she's got part-time people that she needs 7-26-04 110 1 to pay, and she's just running short of funds. And, again, 2 out of Group Insurance, because of the -- the surplus that 3 we have. 4 JUDGE TINLEY: How many part-time employees 5 does that account for, Jannett? 6 MS. PIEPER: Two. 7 JUDGE TINLEY: Two? Okay. Shows a current 8 expense of a little over $8,000, and she's only got $3,350 9 in the -- 10 COMMISSIONER LETZ: Are you using the 11 part-time because of vacancies, or just -- 12 MS. PIEPER: I'm using one part-time because 13 of vacancies, and the other part-time is just my permanent 14 part-time -- permanent part-time person. 15 COMMISSIONER LETZ: Okay. But part of 16 it's -- you have more part-time because you have a vacancy? 17 MS. PIEPER: This is because of my vacancy, 18 yes. 19 COMMISSIONER LETZ: So moved. 20 COMMISSIONER WILLIAMS: Second. 21 JUDGE TINLEY: Motion made and seconded for 22 approval of Budget Amendment Request Number 7. Any question 23 or discussion? All in favor of the motion, signify by 24 raising your right hand. 25 (The motion carried by unanimous vote.) 7-26-04 111 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: Budget Amendment Request 8. 4 MS. WILLIAMS: This one is to put money into 5 the Training line item. We have a request for reimbursement 6 from Mr. Johnston, a class that he attended in San Antonio. 7 There's no moneys left in his Training line item, so we were 8 wanting to move the money out of Books and Publications up 9 to that Training so that we can reimburse him his travel and 10 his parking expense. 11 JUDGE TINLEY: What -- do you know what 12 training that happened to be? 13 MS. WILLIAMS: I believe it was -- had 14 something to do with the floodplain. He was there, like, 15 Monday, Tuesday, Wednesday, Thursday, and came back on 16 Friday, I believe. 17 JUDGE TINLEY: Was that the mold remediation 18 for contractors? 19 MS. WILLIAMS: It could be. I've got the 20 papers in my office; I didn't bring them with me. 21 JUDGE TINLEY: Okay. 22 COMMISSIONER LETZ: So moved. 23 COMMISSIONER WILLIAMS: Second. 24 JUDGE TINLEY: Motion made and seconded for 25 approval of Budget Amendment Request Number 8. Any question 7-26-04 112 1 or discussion? All in favor of the motion, signify by 2 raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: That motion does carry. Do we 7 have any late bills? 8 MS. WILLIAMS: No, sir, we don't. 9 JUDGE TINLEY: Okay. I have before me the 10 monthly reports from Justice of the Peace Precinct 3, 11 Justice of the Peace Precinct 1, and the Sheriff. Do I hear 12 a motion that these reports be approved as presented? 13 COMMISSIONER LETZ: So moved. 14 COMMISSIONER NICHOLSON: Second. 15 JUDGE TINLEY: Motion made and seconded that 16 the named reports be approved as presented. Any question or 17 discussion? All in favor of the motion, signify by raising 18 your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: That motion does carry. Do we 23 have any reports from any of the Commissioners? 24 COMMISSIONER LETZ: I think we skipped 25 this -- or that's in the budget. We have minutes? 7-26-04 113 1 JUDGE TINLEY: No, we have no minutes this 2 time. 3 COMMISSIONER LETZ: Sorry. 4 JUDGE TINLEY: Two? Do you have any reports 5 other than what we've already gotten? Mostly on the 6 airport, I would imagine. 7 COMMISSIONER WILLIAMS: Only other thing I 8 could add, Judge, would be the airport -- not the airport, 9 the library, which some preliminary numbers were handed to 10 me and I handed them in turn to you, and you've in turn 11 written a note back to me, so I'm not sure where that leaves 12 us. Somewhere between here and there, is where it leaves 13 us. 14 JUDGE TINLEY: Three? Do you have anything 15 for us? 16 COMMISSIONER LETZ: I think the only report I 17 have is just more of a -- just to let everybody know it will 18 be on our next agenda. We have some road issues in my 19 precinct along Lane Valley, Louise Ehler Road. It's where 20 the county -- I've been talking to David Motley about this, 21 and we're working on trying to figure out how to resolve it, 22 but it's also probably going to require, you know, the 23 County Engineer as well, trying to get some easements 24 prepared and things re-sorted out, and this is all as a 25 result of the temporary road that the County built when the 7-26-04 114 1 Lane Valley bridge was built in 1991. And some things -- 2 some easements were not prepared at that time; they didn't 3 think they were needed, but that has all kind of unraveled 4 recently. And I think we're, anyway, in the process of 5 doing that, but it's -- we'll probably require some funds to 6 come from somewhere for the County Engineer -- County 7 Surveyor. And Mr. Motley and I are working on getting some 8 documents -- easements prepared. So, anyway, that's -- 9 COMMISSIONER WILLIAMS: Are these people from 10 the bridge south, or 27, or the whole thing? 11 COMMISSIONER LETZ: It's just from the -- 12 it's actually not Lane Valley; it's -- the road's Louise 13 Ehler, but when we built that road, we moved two or -- 14 easements and created some new easements, and we're having 15 to undo and redo all that area now. So, just kind of a 16 difficult situation. 17 JUDGE TINLEY: Anything else, 3? That's all? 18 COMMISSIONER LETZ: That's it. 19 JUDGE TINLEY: Four? 20 COMMISSIONER NICHOLSON: Nothing. 21 JUDGE TINLEY: I have one item that I'd like 22 to bring to the fore here. I know I may have mentioned to 23 some of you about the video teleconferencing project that 24 I've been working on or around, kind of, sort of, here for a 25 couple of three months now. I have arranged availability 7-26-04 115 1 through our local Extension Service of having the -- the 2 specialist from College Station at A & M who was -- that was 3 the group that originally put me onto this thing -- to do -- 4 to be available to do a demonstration of how this thing will 5 operate. Potentially, what I'd like to do is get it posted 6 as a workshop. They could be up here on the 11th of August, 7 which is a Wednesday, to do this, and I'd like to get a 8 commitment from the Court that we can do a workshop on that 9 date, and -- and so I can get them committed to come up 10 here. I realize some of you may not have the interest in 11 this that I do, but once you see the possibilities, you 12 might come up with some real novel ideas about how this 13 might be a usable situation. 14 COMMISSIONER LETZ: I'm interested, but I 15 know myself, and I believe Commissioner Baldwin, will be at 16 a seminar in Austin that day. 17 JUDGE TINLEY: Okay. 18 COMMISSIONER LETZ: But that does not mean 19 that the -- I'm not sure if any of the other Commissioners 20 are going. It's the TAC meeting. I'm not sure if anyone 21 else is going to that or not. 22 JUDGE TINLEY: Is that the legislative -- 23 COMMISSIONER LETZ: Legislative one is the 24 11th, 12th and 13th. 25 JUDGE TINLEY: Okay. The other date that was 7-26-04 116 1 given me was on the 12th, so that's not going to work 2 either. 3 COMMISSIONER LETZ: But I think -- I mean, 4 from my standpoint, there's enough to have a workshop. Go 5 ahead and do it. I can be filled in after-the-fact. 6 COMMISSIONER NICHOLSON: I don't know of any 7 reason I can't attend. I'd like to. I don't have my 8 calendar with me, but I -- I'll be in town that day. 9 JUDGE TINLEY: Mm-hmm. 10 COMMISSIONER WILLIAMS: I don't know -- I 11 don't know of any reason not to, Judge. Whatever date you 12 scheduled. I do have one item, though. 13 JUDGE TINLEY: What -- that's on a Wednesday. 14 What Wednesday is the -- 15 COMMISSIONER WILLIAMS: I go the third and 16 fourth Wednesdays to San Antonio. 17 JUDGE TINLEY: Okay. So, this would be, at 18 best, the second, so okay. 19 COMMISSIONER NICHOLSON: Is a quorum 20 necessary to have a workshop? 21 COMMISSIONER WILLIAMS: No. We've done it 22 without a quorum. No actions are taken. I do have one 23 other item, Judge. 24 JUDGE TINLEY: Okay. 25 COMMISSIONER WILLIAMS: I failed to mention 7-26-04 117 1 that Governor Rick Perry has appointed you to be chair of 2 the AACOG Economic Development Environmental Review 3 Committee, which is a very important committee that reviews 4 all applications that come before it for purposes of water, 5 wastewater, infrastructure, parks, housing, and all sorts of 6 other things I'm not sure about. So, Judge Tinley is the 7 new chair; he's got something else to do on at least one day 8 a month. 9 COMMISSIONER LETZ: What's -- what committee 10 is that? 11 JUDGE TINLEY: It's called the AACOG Regional 12 Review Committee, is the actual title of it. 13 COMMISSIONER LETZ: You wrestled it away from 14 someone in San Antonio? 15 COMMISSIONER WILLIAMS: It was -- the chair 16 was David Carruthers; am I correct? 17 JUDGE TINLEY: I, frankly, don't know. 18 COMMISSIONER WILLIAMS: The chair was David 19 Carruthers, who was the City Manager at Karnes City. But it 20 is populated by city representatives and county 21 representatives, and I think Mayor Fine was also appointed. 22 JUDGE TINLEY: He's on the committee. 23 COMMISSIONER LETZ: Good. Congratulations. 24 JUDGE TINLEY: Okay. We have any other 25 reports from any department heads, elected officials? Okay. 7-26-04 118 1 Looks like we -- that brings us back to the executive 2 session agenda. Probably, under litigation, we're going to 3 need our County Attorney here for this. 4 MR. MOTLEY: I think the Sheriff and 5 Mr. Maguire also need to be here on at least one issue. 6 Probably take it up first. 7 JUDGE TINLEY: If you want to take that one 8 up first, that will be fine. 9 MS. BAILEY: Before you break, can you review 10 the language that David and I have agreed on? Maybe we can 11 agree that this is the right language for that contract. 12 (Discussion off the record.) 13 JUDGE TINLEY: I'd say it in about 250 14 additional words. 15 MS. BAILEY: That's 'cause you've got more 16 experience than I do as a lawyer. 17 JUDGE TINLEY: I want to make sure it does 18 not trigger the provisions of that Paragraph 8. 19 COMMISSIONER WILLIAMS: I like it. Jon, you 20 want to take a quick gander at this? Jon? 21 COMMISSIONER LETZ: It's fine. 22 COMMISSIONER WILLIAMS: I like it. 23 JUDGE TINLEY: Do you want to do a bachelor 24 of law here? 25 COMMISSIONER NICHOLSON: No, sir, I'm trying 7-26-04 119 1 to quit. 2 MS. BAILEY: Thank you, gentlemen. I'm sorry 3 to interrupt. 4 COMMISSIONER WILLIAMS: Thank you, Ilse. 5 Thanks for being here. 6 MS. BAILEY: You're welcome. See you. 7 (Discussion off the record.) 8 (The open session was closed at 11:43 a.m., and an Executive Session was held, the 9 transcript of which is contained in a separate document.) 10 - - - - - - - - - - 11 JUDGE TINLEY: We're back in session -- open 12 session at 12:38. Is there anything to be offered in the 13 way of action to be taken on matters discussed in executive 14 session? Any other business? We'll stand adjourned. 15 (Commissioners Court adjourned at 12:39 p.m.) 16 - - - - - - - - - - 17 18 19 20 21 22 23 24 25 7-26-04 120 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 County Clerk of the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 9th day of August, 8 2004. 9 10 11 JANNETT PIEPER, Kerr County Clerk 12 BY: _________________________________ Kathy Banik, Deputy County Clerk 13 Certified Shorthand Reporter 14 15 16 17 18 19 20 21 22 23 24 25 7-26-04