1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, July 24, 2006 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 DAVE NICHOLSON, Commissioner Pct. 4 2 1 I N D E X July 24, 2006 2 PAGE --- Commissioners' Comments 5 3 1.1 Consider/discuss, approve appointment of 4 election judges and alternates for term of one year in accordance with Texas Election Code 7 5 1.2 Consider/discuss approving polling locations in 6 accordance with Chapter 43, Texas Election Code 8 7 1.10 Discuss/consider, take appropriate action on resolution opposing the LCRA Rim Rock-to-Goat 8 Creek project 14 9 1.11 Public Hearing for revision of plat for Tracts 9-B, 9-A, and 10-A of NF-RB Ranch, Section 4 42 10 1.6 Consider/discuss proposal from Ever Change Youth 11 and Family Services to manage Kerr County Juvenile Detention Center 42 12 1.3 Consider/discuss, take appropriate action to renew 13 annual contract with Department of State Health Services, authorize the County Judge to sign same 51 14 1.4 Consider/discuss, take appropriate action on 15 membership with National Association of Counties 52 16 1.5 Consider/discuss, take appropriate action on renewing Kerr County Teen Curfew which is due to 17 expire at the end of July 2006 56 18 1.7 Consider/discuss, take appropriate action regarding proposal for new wireless telephone contract with 19 Five Star Wireless 58 20 1.8 Consider/discuss, take appropriate action regarding updating telephone system and renewing contract for 21 five years with Kerrville Telephone Business Systems 63 22 1.12 Consider/discuss, take appropriate action for revision of plat for Tracts 9-B, 9-A, and 10-A 23 of NF-RB Ranch, Section 4 75 24 1.9 Consider/discuss, approve payment of engineering review fees and final plat approval as it relates 25 to inspections and engineer review fees 76 3 1 I N D E X (Continued) July 24, 2006 2 PAGE 1.13 Consider/discuss, take appropriate action to 3 consider concept plan and set public hearing for the revision of Lots 79, 80, 81, 82 & 83 4 of The Woods, Section Two 84 5 1.14 Consider/discuss, take appropriate action to consider final plat for Vistas Escondidas de 6 Cypress Springs Estates, and possibility of reducing letter of credit 92 7 1.16 Approve the construction of a sidewalk at the 8 Animal Control Facility 98 9 1.17 Select and appoint a member to Library Board to replace Reverend Al Schultz who resigned 100 10 1.18 Consider/discuss, take appropriate action on 11 Landscape Construction & Maintenance Agreement between State of Texas, acting by and through 12 TexDOT, and County of Kerr 101 13 1.19 Discuss and approve Adopt-a-Highway for Landscaping Program for Saddlewood Estates 104 14 1.20 Consider/discuss, take appropriate action to 15 solicit applications for Kerr County Human Resource Director, Human Resource administrative 16 assistant or clerk, and authorize expenditure of funds to advertise for same 108 17 1.15 Consider/discuss, take appropriate action on 18 proposed employee grade/step schedule 111 19 4.1 Pay Bills 119 4.2 Budget Amendments 121 20 4.3 Late Bills --- 4.4 Approve and Accept Monthly Reports 135 21 5.1 Reports from Commissioners/Liaison Committee 22 Assignments 135 23 --- Adjourned 136 24 25 4 1 On Monday, July 24, 2006, at 9:00 a.m., a special 2 meeting 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: Let me call to order this regularly 7 scheduled meeting of the Kerr County Commissioners Court 8 scheduled for the date and time, Monday, July 24th, 2006, at 9 9 a.m. It's that time now. Commissioner Letz? 10 COMMISSIONER LETZ: Yes. Please join me in a moment 11 of prayer, followed by the pledge. 12 (Prayer and pledge of allegiance.) 13 JUDGE TINLEY: Thank you. At this time, if there's 14 any member of the audience or the public that wishes to be 15 heard on any matter that is not a listed agenda item, you're 16 free to come forward at this time and tell us what's on your 17 mind. If you have something in connection with an agenda 18 item, we'd ask that you wait until that item is called. And I 19 would prefer, so that I don't miss you when we get to that 20 item, that you fill out a participation form at the back of 21 the room and get it up here. But if you don't, that's fine; 22 when we get to an agenda item, if you want to be heard, get my 23 attention some way, shape, form, or fashion, and I'll see that 24 you have the opportunity. But at this time, if there's any 25 member of the public or the audience that wishes to be heard 7-24-06 5 1 on any matter that is not a listed agenda item, come forward 2 at this time, if you will. Seeing no one coming forward, 3 we'll move on. Commissioner Letz, what do you have for us 4 this -- this morning? 5 COMMISSIONER LETZ: Not a whole lot. I mean, I 6 was -- I know some of y'all went to the services Saturday. I 7 opted to go to visitation and spent quite a bit of time with 8 Glenn's brothers and wife and son. A lot of people. I think 9 the turnout was phenomenal; it shows how well he was respected 10 in the area. On the rain front, I know some people got it, 11 but we sure didn't in the eastern part of the county. I just 12 saw a lot of thunderheads and it got cool for a few minutes, 13 and then we got one or two drops and then it was sunny again. 14 So, hopefully we'll get some rain this week. We're very, very 15 dry. I think that's it. 16 JUDGE TINLEY: Commissioner Nicholson? 17 COMMISSIONER NICHOLSON: Generally, across the 18 western part of the county west of Ingram, from 41 to 39, we 19 got an inch to an inch and a half Saturday afternoon. It was 20 great to get it. We -- it helped out a little bit, but as you 21 know, we're still way, way behind on rainfall. I did lift the 22 burn ban, and I'm hoping we get some more rain from these 23 fronts that are coming through. And if we don't, I'll have to 24 put it back on, 'cause we still got a lot of fuel out there. 25 There was a pretty good-sized fire in the southern part of the 7-24-06 6 1 county last weekend, I understand. So, anybody that burns 2 needs to be really careful. That's all. 3 COMMISSIONER BALDWIN: Judge, I don't have anything 4 this morning. I see -- except I see some gentlemen here in 5 regards to the resolution -- L.C.R.A. resolution, and 6 hopefully that we can -- they're hardworking people, and I 7 hope we get to them pretty quick so they can get back out 8 there and serve the community. That's all. 9 COMMISSIONER NICHOLSON: Good. 10 JUDGE TINLEY: Commissioner Williams? 11 COMMISSIONER WILLIAMS: Rained like crazy in the 12 Temple/Belton area where I was this weekend, but it sure 13 didn't do much down here. I came home and it was pretty dry. 14 I don't have anything else, Judge. 15 JUDGE TINLEY: I was fortunate enough, a portion of 16 the time, at least, to be in west Kerr County when -- when 17 they got their rain out there Saturday evening, so I didn't 18 forget what rain looks like. But when I got back home just 19 south of town, I noticed that we hadn't gotten much at all 20 there. I would urge all of us to -- in the coming days, to 21 remember Glenn Holekamp's family. I know there was a lot of 22 support immediately following his passing, and that's to be 23 expected, but that family's going to need support on an 24 ongoing basis to help them cope with that loss, and I would 25 urge all of us to continue doing that and check on them, see 7-24-06 7 1 that they're okay. Let's get on with the agenda that we got. 2 The first item on the agenda is to consider, discuss, and 3 approve the appointment of election judges and alternates for 4 a term of one year in accordance with Texas Election Code 5 Section 32. 6 MS. PIEPER: Gentlemen, the list that you have has 7 came from both party chairs, and this is who they are 8 recommending. However, due to a public participation form, 9 there may be a change in the democratic side, I'm thinking. 10 No? But he does have a -- he does want to speak on this. 11 JUDGE TINLEY: Anything further? 12 MS. PIEPER: Nothing further from me. 13 JUDGE TINLEY: Mr. Evans, you filed a -- 14 MR. EVANS: I may want to comment in case there's 15 some problem. If there's no problem with it, I don't need to 16 speak. 17 JUDGE TINLEY: Okay. 18 COMMISSIONER NICHOLSON: Move to approve. 19 COMMISSIONER BALDWIN: Second. 20 JUDGE TINLEY: Motion made and seconded for approval 21 of the agenda item. Any question or discussion? All in favor 22 of that motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 7-24-06 8 1 JUDGE TINLEY: The motion does carry. Let's go to 2 Item 2, consider and discuss approving of polling locations in 3 accordance with Chapter 43 of the Texas Election Code. 4 MS. PIEPER: This is just basically the polling 5 places that we've been using. I have sent out letters to 6 remind the entities that we will be holding the elections, and 7 I've heard back from most of them, but not all of them yet. 8 COMMISSIONER WILLIAMS: Move approval. 9 COMMISSIONER BALDWIN: Second. 10 JUDGE TINLEY: Motion made and seconded for 11 approval. Any question or discussion? 12 MS. PIEPER: I do have -- oh, I'm sorry. 13 COMMISSIONER NICHOLSON: Go ahead. I'll go after 14 you. 15 MS. PIEPER: I do want to let you know that I did -- 16 I was in Austin last week at an election conference, and I 17 have been informed that most of our polling places, because of 18 their parking area, which is either grass or caliche or pea 19 gravel, is no longer A.D.A. compliant, and because these are 20 not owned buildings, I don't know how we're going to rectify 21 that. 22 COMMISSIONER BALDWIN: What buildings -- what -- 23 which ones are you talking about? 24 MS. PIEPER: Let's see. 25 COMMISSIONER BALDWIN: Union Church? 7-24-06 9 1 MS. PIEPER: No, the Union Church, I believe -- 2 isn't that cement? Or not -- yeah, that's cement parking. 3 COMMISSIONER WILLIAMS: They have cement parking 4 there, and it's also pretty hardpan, but they're getting ready 5 to submit a landscaping plan which will even improve what's 6 there. What you're telling us now is pea gravel is not 7 acceptable? 8 MS. PIEPER: Right, pea gravel or caliche. Because 9 if it rains, then it can get muddy. So -- 10 COMMISSIONER NICHOLSON: Getting some more input 11 from the People's Republic of Austin. 12 COMMISSIONER WILLIAMS: Caliche is older than Texas. 13 MS. PIEPER: I'm thinking the Crosswalk Baptist 14 Church, which is on Camino Real, Hosanna Lutheran Church that 15 is on Camp Meeting, Cypress Creek Community Center at the end 16 of Stoneleigh, Calvary Temple Church on Highway 27 east of 17 Center Point, Mountain Home Volunteer Fire Department, and the 18 First Presbyterian Church out at Divide. That's just right 19 off the top of my head that -- 20 COMMISSIONER LETZ: What does that mean? I mean, 21 from a practical standpoint, I mean, we can go back to Lane 22 Valley Community Center. 23 JUDGE TINLEY: If somebody has a walker or a 24 wheelchair -- 25 COMMISSIONER LETZ: I know that. What is the legal 7-24-06 10 1 implication to the County by -- 2 JUDGE TINLEY: We can be sued. 3 COMMISSIONER LETZ: By the -- 4 MS. PIEPER: By D.O.J. 5 COMMISSIONER LETZ: Is there a waiver process? 6 MS. PIEPER: I don't know. This was just kind of 7 thrown at me, so I have to do some more searching on it. 8 COMMISSIONER LETZ: In some of my precincts, there 9 -- other than a personal home, there is no location. 10 MS. PIEPER: Right. 11 COMMISSIONER LETZ: You know. So, I mean, I think 12 that if you can inquire about waivers and tell them the 13 situation, that we can either do it in a personal residence or 14 we can do it in a community building -- 15 JUDGE TINLEY: I have a couple of names that I talk 16 to every year, because every year D.O.J. calls me with 17 different questions, and so I will see what I can find out. 18 COMMISSIONER LETZ: Okay. 19 MS. PIEPER: And also, the -- and from what I 20 understand, the Department of Justice picks out about two to 21 three counties every year to sue, for whatever reason they can 22 find. 23 COMMISSIONER WILLIAMS: When's our turn? 24 MS. PIEPER: I'm scared our turn is coming very 25 quickly. The -- one of the main reasons is because of 7-24-06 11 1 bilingual. Now, I have tried my best to have at least one 2 bilingual person in every polling location, along with the 3 help of the county chairs, plus I have bilingual people -- in 4 case for some reason we can't have a person on election day in 5 a particular precinct, I also have a backup in my office that 6 the judge can call and ask for my bilingual person and get 7 whatever resolved. Now, that's never happened; we've never 8 gotten a call. But I need to call out a cry for help for more 9 bilingual persons, because according to the state, there are 10 some precincts that we are required to have four bilingual 11 people in a particular polling location. So, if y'all know of 12 anybody that's bilingual, have them call me. 13 JUDGE TINLEY: We don't have the ability to 14 conscript poll workers, do we? 15 MS. PIEPER: Our -- 16 JUDGE TINLEY: To force them to work at the polls? 17 MS. PIEPER: No. 18 JUDGE TINLEY: Is there a feasible, practical 19 solution to any of these problems? 20 MS. PIEPER: Just to make it known to our election 21 judges that they are required by law to appoint bilingual 22 people. And if they don't do it, and I can't help them find 23 bilingual people, it falls back on the County. 24 JUDGE TINLEY: Well, I'm sure that these election 25 judges are doing whatever effort they have available to 7-24-06 12 1 them -- 2 MS. PIEPER: They are. 3 JUDGE TINLEY: -- to try and get those right kind of 4 people, but if they -- if they cannot get those people, get 5 them to volunteer by hiring them, by doing whatever -- 6 MS. PIEPER: We just have trouble finding judges and 7 alternates sometimes, much less poll workers, and the fact 8 that they need to be bilingual. Anyway, I just wanted to let 9 you know. 10 JUDGE TINLEY: Any further question or discussion? 11 Mr. Evans? 12 MR. EVANS: Maury Evans here in Kerrville. Isn't 13 there a feel down there where, if you have one person at a 14 central location like you're talking about, that covers you at 15 all -- 16 MS. PIEPER: No, not -- it helps, but it doesn't 17 cover us. 18 MR. EVANS: But isn't there another deal that you 19 have to make a good-faith effort to do this? 20 MS. PIEPER: They're not looking at that either, 21 from what I'm understanding from the other counties that have 22 been -- 23 MR. EVANS: The law says so. 24 COMMISSIONER WILLIAMS: Do you have money in your 25 budget to pay for these people that can be found? 7-24-06 13 1 MS. PIEPER: Yes. 2 COMMISSIONER NICHOLSON: There may be some questions 3 about the willingness of Mountain Home Fire Department -- 4 their willingness to host a polling place, but I'm going to 5 check with the president today, probably, and get some 6 clarification on that. 7 COMMISSIONER BALDWIN: When's the deadline on 8 completing this? 9 MS. PIEPER: I have to have -- if there's any kind 10 of a change, I have to submit that in August to the Department 11 of Justice, the preclearance. 12 COMMISSIONER BALDWIN: You have to submit it in 13 August? I don't -- it doesn't appear that we're ready to 14 adopt this thing yet, but, I mean, I guess we could and 15 then -- 16 COMMISSIONER WILLIAMS: Well, it's just the polling 17 places. 18 JUDGE TINLEY: Yeah, it's just the polling 19 locations. 20 COMMISSIONER WILLIAMS: Yeah. 21 COMMISSIONER BALDWIN: Fine. I mean, I hear some -- 22 I hear Mountain Home may not be ready to go. Commissioner 23 Letz doesn't have available space. 24 COMMISSIONER LETZ: I don't have available space 25 that doesn't have a caliche or grass parking lot. 7-24-06 14 1 COMMISSIONER BALDWIN: Well, I move we adopt it. 2 How's that? 3 COMMISSIONER LETZ: We've already got a motion. 4 JUDGE TINLEY: Yeah, there was already a motion and 5 a second. 6 COMMISSIONER BALDWIN: Oh, golly. 7 JUDGE TINLEY: Any further question or discussion? 8 All in favor of the motion, signify by raising your right 9 hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: That motion does carry. Why don't we 14 move now to -- seems like we've got everybody here -- to Item 15 10; discuss, consider, and take appropriate action on 16 resolution opposing L.C.R.A. Rim Rock-to-Goat Creek project. 17 Commissioner Baldwin? 18 COMMISSIONER BALDWIN: Yes, sir. Thank you very 19 much. We put this on the agenda because the natives are 20 restless. The general public that are affected by this 21 particular transmission line has the belief -- or a lot of 22 them have the belief that the Commissioners Court has some 23 kind of authority in this thing, and I have talked to a lot of 24 them till I'm blue in the face, and I can't convince everyone 25 that we do not have authority. So -- and they continue to 7-24-06 15 1 come and call and -- and now the rumor mills are blowing and 2 going, and I want to get the Commissioners Court out of the 3 middle of the affray. And I know that you received some 4 calls, and I know you have and you have, and I know Number 4 5 has, so I thought this would be a good tool and a good way to 6 get -- it has never crossed my mind that it will stop the 7 project in any way. My whole move here is to get the 8 Commissioners Court out of it, and to let the public know that 9 we're doing what they ask us to do. So, at this time, Judge, 10 I think it would be wise to take those folks that would like 11 to speak about it, and when they're completed, then I'll read 12 the resolution and we'll vote up or down. 13 JUDGE TINLEY: Any other member of the Court have 14 any comments they'd like to offer at this time? I've not had 15 any participation forms filed with me with regard to this 16 particular agenda item. However, as you've indicated, 17 Commissioner Baldwin, it's an item that does have some 18 lightning rod effects attached to it. That being the case, is 19 there any member of the public or the audience here present 20 today that wishes to be heard with regard to this particular 21 agenda item? Yes, sir? Come forward, please, and give your 22 name and address, and -- and we'll be happy to listen to what 23 you have to say. 24 MR. TURNER: My name's Jeff Turner. I live at 1242 25 Bear Creek Road. The L.C.R.A. line actually -- one of their 7-24-06 16 1 proposed sectors runs up my entire boundary, and in fact is 2 the -- the only access I have to my personal flag lot. First 3 of all, can I perhaps say to Mr. Baldwin that the -- what he 4 says is not entirely correct with regard to the opinion of the 5 Commissioners Court. In fact, the -- an ex-lawyer of the 6 L.C.R.A. has indicated that an opinion, or at least support 7 from the County Judge, is heard with a great deal of sympathy 8 by the L.C.R.A., and an opinion given by this Court would not 9 be disregarded in the ultimate considerations that the 10 L.C.R.A. take. And so I think it is very important that this 11 Court actually get themselves to some extent involved, 12 particularly as here we have the representatives, in 13 Mr. Nicholson and Mr. Baldwin, of many of the residents that 14 are affected by this proposal. 15 The next point that I'd like to make is that the 16 L.C.R.A., I understand, informed members of this Court way 17 back in October of this proposed project, and yet the general 18 public were not made aware of this until May of this year. To 19 my mind, this is a pretty disgusting situation, and should -- 20 should have been -- well, should not have happened. This is 21 something that affects people that are landowners, that have 22 homes in the area, and also at the time affected a lot of 23 people who are on the verge of moving into the area, and at 24 the time bought properties for very high prices, and have seen 25 those prices at least eroded, and in some cases, I understand 7-24-06 17 1 that sales have fallen through because of this proposal from 2 the L.C.R.A. which blights an entire area from the Guadalupe 3 and includes the entire Bear Creek. 4 Secondarily, I would like to see this Court at least 5 criticize; better still, take some sort of stronger line 6 towards the L.C.R.A. for not having fully researched their 7 project prior to actually releasing that to the Court here and 8 to the general public, simply because what they have caused is 9 a high degree of panic, and yet they still cannot define as to 10 whether the lines that they put on their map are within 100 11 feet of where they finally would propose that they might be. 12 The L.C.R.A. made one fundamental mistake, and they took 13 aerial photographs and assumed that the area that they were 14 looking at was largely unoccupied. This was rather foolish. 15 Aerial photographs don't show you what is really down on the 16 ground. They have never done the research on the ground, and 17 in fact, I have found many people that are affected by the 18 routes or sectors that the L.C.R.A. are proposing that have 19 never been informed, either of the open house that was held, 20 nor -- or alternately, could not attend the open house, which 21 was a short event held on one particular day. So, I would 22 certainly like the Court to at least make some comment to the 23 L.C.R.A. in that respect. 24 I'd like to also point out to the Court that this 25 project has a number of different sectors that make up 7-24-06 18 1 different routes that go through the area that I previously 2 mentioned. The longest route that they have chosen, which 3 takes them right 'round the periphery of the area, actually 4 passes over, as far as I can see, some 107 platted lots, most 5 of which are occupied within that area. The shortest route 6 that they have specified crosses some 52 platted lots; 16 of 7 those are on an existing easement that the L.C.R.A. actually 8 have, and of the remainder, the majority, apart from a number 9 of lots that surround the Saddlewood area, are unoccupied. I 10 think that the other thing that, really, I would like to say 11 before I sit down is that this is not just a matter of the 12 routes that they've chosen. There are also issues of safety 13 involved here. The lines that they've shown cross ridges. 14 They also cross some very undulating land, some steep 15 escarpments, in fact, and would require that they use 100-foot 16 towers in order to cross those areas. 17 I should mention that if they follow flatter land, 18 then it is possible for them to cross -- sorry, use towers 19 that are 40 or 50 foot in height. Those tall towers that they 20 propose will necessitate possibly lights, where they're on 21 ridges, to be put on the towers. In addition, they will put 22 those round, red balls on the wire because of the dangers, and 23 this area is actually on one of the main approaches to 24 Kerrville airport. In addition to that, there is a question 25 of safety for the residents in that area, because the Air 7-24-06 19 1 Rescue that operates out of our local hospital also has cause 2 to traverse that area on a regular basis, and therefore will 3 not be able to operate programs in cases of poor visibility, 4 and where there may be conditions that cause them to have a 5 potential to collide with the lines which otherwise would not 6 have been there. I thank you. 7 JUDGE TINLEY: One moment, please. Does any member 8 of the Court have any questions for Mr. Turner? 9 COMMISSIONER NICHOLSON: I don't have a question. I 10 just -- observation. The issue of L.C.R.A. and others meeting 11 with Commissioner Baldwin and I, I don't find anything 12 sinister about that. That's what I would expect them to do to 13 let us know what they're about before they hold public 14 hearings. 15 MR. TURNER: Neither do I, sir. I think the main 16 point that I'm making is that the period between that meeting 17 with you and actually releasing their plans to the general 18 public was extraordinarily long, and really should not have 19 been that -- of that nature. Either they had, at the time 20 that they talked to you, formulated those plans and were in a 21 position to release them, or they should have been, or they 22 were not prepared, and therefore should not have spoken to you 23 and should have waited until it was a time that was 24 approaching the period of the open house. I quite understand 25 the reasoning for giving a heads-up to you as public 7-24-06 20 1 representatives, but I think that the time that was involved 2 in that is excessive. 3 JUDGE TINLEY: Any other questions for Mr. Turner? 4 Thank you, sir. 5 MR. TURNER: Thank you. 6 JUDGE TINLEY: Is there any other member of the 7 audience who wishes to be heard with regard to this particular 8 agenda item? Yes, ma'am. Come forward, please, and give your 9 name and address. 10 MS. BIDELL: Morning. My name is Cherie Bidell, and 11 I live at 215 Ruhm. That would be in Highland Ranch. And our 12 new home -- we just moved in about seven months ago -- will be 13 impacted if this long route that we're talking about, the B 14 route, would be proposed. I'd just like to let the Court know 15 that it would be great jeopardy to us personally, my husband 16 and myself, but it certainly would make a difference in the 17 appearance of that -- the hill country and looking up toward 18 the hills from Kerrville. There are many other reasons why we 19 feel that this is -- would not be a good idea. As Mr. Turner 20 said, there is a short route, and L.C.R.A. -- when they throw 21 this out to the public, they give you many, many different 22 routes. I don't know how many alternative routes there are, 23 but they come in and certainly have panicked the community by 24 their open house and giving a chart with these different 25 routes on it, so everybody -- you don't know whether it's 7-24-06 21 1 going to be in your back yard, or if it's not going to be in 2 your back yard, where it's going to be. 3 Already -- as Mr. Turner has said, in my 4 neighborhood, the Highland Ranch, already property is really 5 being watched. There are people who want to buy, people who 6 already have picked out their lots, but they're not buying 7 because this will be highly impacted, that particular 8 neighborhood. Bear Paw is also another neighborhood that will 9 be highly impacted. We think that if the Commissioners would 10 send a letter -- the resolution, like you're going to be 11 looking at today, to L.C.R.A., we think it would make a 12 difference. We think the difference would be that they would 13 at least look at it. We, the people, of course, are very 14 concerned and -- and nervous, but they don't think -- they 15 don't think we're too terribly important, but I think that if 16 a force of your nature would say, you know, "Let's take a look 17 at this," I think it would make a difference. So, my hope 18 would be for you to vote for this resolution that Mr. Baldwin 19 has put together, and I'd appreciate it if you would. Thank 20 you. 21 JUDGE TINLEY: One moment. Does any member of the 22 Court have any questions for Ms. Bidell? Thank you, ma'am. 23 We appreciate -- 24 MS. BIDELL: Thank you. 25 JUDGE TINLEY: -- your comments. Is there any other 7-24-06 22 1 member of the public or the audience here today that wishes to 2 be heard with connection -- in connection with this L.C.R.A. 3 resolution that's the subject of the agenda item? Anyone 4 else? Yes, sir? Come forward and give us your name and 5 address, please, Mr. Pená. 6 MR. PENÁ: My name is Roland Pená, and I live at 7 2741 Indian Wells in Kerr County. I am with L.C.R.A. Public 8 Affairs, and I felt like I needed to speak on this item. Not 9 -- not to get into a -- a discussion with Mr. Turner, the 10 gentleman that spoke, I can't explain the delay between 11 October and early spring. I know that we had a project 12 manager that began -- initiated this project, and she was 13 killed in a traffic accident, and I know that there was time 14 to be able to reassign the project, and that may be the lapse. 15 I will differ with his comment with regard to notification -- 16 COMMISSIONER BALDWIN: Move back a little bit. 17 MR. PENÁ: Am I too close? Okay, good. I will 18 differ with his comment with regard to notification to the 19 Commissioners Court. It's standard procedure for us to notify 20 the affected Commissioners who are involved within a precinct 21 where the project is at. We do that as a normal, standard 22 procedure to provide a heads-up. Normally, we provide the -- 23 we meet with the Commissioners, City Council, affected elected 24 officials right about the time we're going to mail the letter 25 to the affected residents, so it's very close in terms of the 7-24-06 23 1 timing when we meet with those Commissioners, just as a 2 courtesy, to provide them a heads-up, what the project 3 entails. We did not identify the routes, just so that we're 4 clear. We provided a map of the study area. The routes were 5 only disclosed at the open house, just for clarification 6 purposes. We do have a third-party consultant that we're 7 utilizing to conduct studies. If you were at the open house, 8 and with regard to the information that you received in the 9 mail, as well as the affected landowners, there is a criteria 10 that we use to identify those routes. It is very early on 11 right now, and we do have the project manager and those 12 consultants, who are in the field almost weekly meeting with 13 those residents who call for those -- for the meetings, doing 14 the field studies to determine the routes that -- the route 15 that will be submitted to the Public Utility Commission. That 16 will not happen until later on in the year, so -- because it 17 involves that amount of study. What is not clear, perhaps, 18 and what I have not heard is the need for the project, and I 19 felt that perhaps as -- as a nontechnical person, KPUB and 20 CTEC can confirm and validate the need of the project. I 21 think that's very important for you to know. Would you like 22 to -- 23 MR. TAYLOR: Judge, I didn't come to speak to y'all. 24 Having just got back from the coast about five days ago, I 25 really wasn't prepared to come make a speech. 7-24-06 24 1 JUDGE TINLEY: Give your name and address, please. 2 MR. TAYLOR: My name's Bill Taylor. I live in Kerr 3 County at 150 Roundabout Lane. The line that is being 4 discussed this morning is something that's necessary for us 5 for capacity and reliability. We have needed this line 6 probably for the last 14 years. The process is that the -- 7 the L.C.R.A. has now determined that this is the time to start 8 this process, and the process began with meeting with County 9 and City officials, and -- and also establishing some routes 10 for the Public Utility Commission. The second process is that 11 this will be filed with the Public Utility Commission sometime 12 December, January, around the end of the year, first of next 13 year. That process will probably last another 12 to 18 months 14 before it establishes a specific route, and -- and a 15 transmission line can then be designed and -- and materials 16 ordered, and start to be constructed. So, we're still a long 17 ways away from -- from getting to the point that we'll be 18 putting some steel on the ground and -- and wire in the air. 19 The safety concerns, the line will be built in 20 accordance with the National Electric Safety standards that we 21 have to comply with building facilities. It's not really a 22 process where the -- the City or the County has authority to 23 approve or not approve. It's really up to the Public Utility 24 Commission of Texas to do this, and that's where the process 25 is. KPUB and Central Texas both support the project. We need 7-24-06 25 1 the project for existing State Hospital, Riverhill area, our 2 mall, new hospital that's going in, and for the rest of our 3 20,000 customers for reliability. It will bring facilities 4 that we can back-feed and for any kind of an outage or problem 5 with our system, we can serve all of our customers with 6 additional facilities. So, we support the -- the line, and 7 the Kerrville Public Utility Board of Trustees support the 8 line, and that's basically what I have to say. Be glad to 9 answer any questions. 10 COMMISSIONER LETZ: Can I ask a question? One of 11 the -- and I'll preface this by saying that I did not follow 12 this as closely as I think Commissioner Baldwin and Nicholson, 13 because it doesn't go through my precinct, though I have 14 received a lot of calls against it, the line. As you're 15 probably aware, there have been a large amount of L.C.R.A. 16 upgrades in the eastern part of the county. All those 17 upgrades were done on existing right-of-ways. Is it not 18 possible to do this upgrade using existing right-of-ways? 19 MR. TAYLOR: No. We've got -- with the Rim Rock 20 substation, it's really hung out there on a -- a radio line 21 and is served from Turtle Creek substation from L.C.R.A., and 22 it's just radio -- radio-fed from there, just one line. And 23 that line was built to current standards and is great, but 24 it's just -- it's hanging out there. And, actually, our 25 customers are kind of hanging out there too, because we have 7-24-06 26 1 circuits that come out of that that are not really back-fed 2 from everywhere else, so if you have an outage, unless you can 3 get it fixed very quickly, there -- there's going to be 4 considerable time they're going to be out. If you're able to 5 back-feed things and loop-feed things, then you have the 6 ability to operate the system differently. And as we -- as we 7 grow -- and, of course, y'all know that KPUB's been in 8 existence since 1987, and this is the only substation that has 9 really been added, only capacity, other than we've increased 10 our Hunt substation, just the transformer. We've increased 11 Harper Road, but we really haven't added new transmission 12 facilities. And our real problem is, as our system grows -- 13 and it's just not for one small section. We need to loop that 14 and make the whole system stronger so that we can continue to 15 add capacity to our substations. This will do that. 16 JUDGE TINLEY: Any other questions for Mr. Taylor? 17 COMMISSIONER WILLIAMS: Is the need -- Mr. Taylor, 18 is the need because we've experienced too much growth for the 19 existing system, or we're experiencing power drops and 20 brownouts or failures? Or all of the above? 21 MR. TAYLOR: You haven't seen any power drops or 22 power failures. We've been very fortunate in -- in being able 23 to serve all of the customers. But what you'd have when you 24 -- just like Rim Rock substation, it's in -- the substation 25 capacity is 20 megawatts, and that 20 megawatts, we're hitting 7-24-06 27 1 it right now. And we're going to need additional transformers 2 in there; we're going to need additional capacity there. You 3 get to the point where, you know, the buckets -- the buckets 4 all get full, and you got to have more buckets. You got to 5 bring it in here so you can -- so you can serve folks. And 6 you don't wait till the lights go out. We need to do this 7 ahead of time. We need -- it's a planning thing. 8 We project the load -- as you know, Commissioner, 9 you came here about the same time I did. We've grown from, 10 like -- when I came here in 1987, we had 12,000 customers. 11 Today we got 21,000 customers, and adding those customers to 12 our base, and Central Taxes has the same thing with Horizon 13 out there and Bear Paw, and they -- their system actually is 14 served off of our system, because most of theirs is to the 15 back -- to the east. And we actually had them on the end of a 16 couple of our circuits at one time. This Rim Rock substation 17 brought a lot of those folks service from the Rim Rock, so 18 we're -- both of us are depending on that one substation. 19 But the whole system -- the whole hill country has grown, as 20 you know, over the last 19, 20 years, and we -- we just got to 21 have some more capacity to make sure that our reliability, and 22 make sure that we have the capacity to serve new customers. 23 COMMISSIONER WILLIAMS: You're familiar with the 24 demographics of the county, as we are. 25 MR. TAYLOR: Yes, sir. 7-24-06 28 1 COMMISSIONER WILLIAMS: And you know the amount of 2 growth we've had over the last 10, 12 years, 14 years. What 3 is your projection for that continued growth for the next 10? 4 MR. TAYLOR: We expect it to increase. Right now, 5 we're -- our projections are that we're growing in the 2 to 2 6 and a half percent rage. But as -- as you know, as the rest 7 of the world comes at us from San Antonio and Boerne, and -- 8 and as people want to move here from -- from wherever, 9 California and Florida -- everybody likes the hill country, 10 and it's -- we think we're probably going to get up into the 4 11 and 5 percent growth range. We're not where Boerne is today, 12 or not where San Antonio -- the San Antonio area is, but we're 13 growing very fast. It's just pockets, is our problem. 14 COMMISSIONER LETZ: What -- this is probably for 15 Mr. Pená. Or you, Mr. Taylor. 16 MR. TAYLOR: I'll be glad to leave and go back -- 17 COMMISSIONER LETZ: I gave you an out. From the 18 limited amount that I have heard from people I know that are 19 out in the -- that are more affected, there seems to be a lot 20 of either misinformation or lack of information that's been 21 presented up till now. I mean, and because of that, what I'm 22 being told, I would be in favor of the resolution, because I 23 don't think L.C.R.A. has done a good job of identifying what 24 their plans are. That's just feedback I'm getting. I've not 25 talked to L.C.R.A. people; I really don't know what their 7-24-06 29 1 process is. I mean, what, I guess, has L.C.R.A. done, and 2 what do they plan to do to get public input? And what -- and 3 who -- how does the public know what criteria is used? And 4 the reason I ask this is, I've seen a map that one of Dave's 5 constituents showed me, and basically there were -- there are 6 so many different options on that map, I think that it was -- 7 it was almost impossible to come up with anything meaningful. 8 And I understand what -- you know, y'all have to put something 9 out, but it seemed that what went out is very preliminary, and 10 until it gets narrowed down somewhat, there needs to be some 11 sort of a, really, mechanism for the public to have what 12 criteria is used and -- or at least to know what the criteria 13 is, and to get a better handle onto what the line -- 14 MR. TAYLOR: I agree totally. And normally I don't 15 speak in public for L.C.R.A., but -- and I will say, from my 16 perspective, I think they've done a good job. The problem is, 17 they've actually been doing things they're not required to do 18 in the first place, okay? So, first of all, they don't know 19 where -- sure, they've come up with some routes, and they -- 20 you know, they've sent out some notices to people within 300 21 feet of those routes. The real -- the real process starts 22 later on at the Public Utility Commission, and -- and it comes 23 together a whole lot better and more formalized, more defined. 24 They've actually been trying to do some things ahead of 25 themselves, and, you know, when you do that, sure, you don't 7-24-06 30 1 talk to everybody and there's some confusion and people don't 2 know where it's going to be or anything else. Now, I don't 3 really want to speak -- speak for them, but I -- they're out 4 there doing something for us which we've got to have, so it is 5 positive. The real problem that they've got is that they're 6 trying to do something here that really is under the rules of 7 the Public Utility Commission. They've got all this criteria 8 where they've got to meet all these different things, and 9 they're trying to do that, but they're also trying to come 10 meet with y'all, come meet with the KPUB Board, the City 11 Council, and all the residents out there, too, that they're 12 close to. So, I think they're getting there. But -- Roland? 13 JUDGE TINLEY: Mr. Pená, let me -- you had mentioned 14 a moment ago that what's been done up to this point is 15 preliminary in nature, and I believe you said your field 16 people are here in the field talking with residents. Any 17 potentially affected resident, landowner, citizen out there 18 that has thoughts or concerns they want to talk to your -- 19 your representatives about, the L.C.R.A. people that are 20 involved in this project, or any information they want to 21 bring to their attention about topography, situations with 22 regard to any one or more legs of possible routes. I 23 understood from you, and I want you to correct me if I'm 24 wrong, that your field people are available to see that those 25 people get that opportunity to talk with them. Is that 7-24-06 31 1 correct? 2 MR. PENÁ: That is correct. I believe that every 3 request that we've had for a meeting, and we've had many 4 one-on-ones, two on -- one-on-twos, one-on-sixes, and maybe 5 even larger groups that we've met with to discuss their 6 concerns, whatever issues they may have. One of the best 7 things I like about the process is that L.C.R.A. listens. We 8 take their input, and we take it very seriously, and sometimes 9 we find out things that we didn't know. We find out 10 something's wrong with this route, perhaps, or -- or there's a 11 new route that they've introduced that, for whatever reason, 12 we've missed. So, you know, I believe that, you know, the 13 dialogue has been healthy. I believe we've met all the 14 requests, via U.S. mail, via e-mail, via phone calls, and via 15 person-to-person. So... 16 JUDGE TINLEY: Have you made efforts to publicize 17 ways that you can be contacted? Mailing address, phone 18 numbers, e-mail addresses, ways that they can meet with 19 representatives when they're in the area if they have specific 20 schedules? 21 MR. PENÁ: Early on, with regard to the affected 22 landowners, we provided all that information. I believe we 23 continuously provide that information with everybody that we 24 talk to. We ask them to monitor the web site as well. That 25 information for the project manager and his phone number is 7-24-06 32 1 there. In addition to that, just to help the public 2 understand the project, we've worked together with KPUB and 3 CTEC to put together an op-ed piece that we hope will come out 4 pretty soon in the local newspaper so that it will provide a 5 greater understanding of the projects for the public. 6 COMMISSIONER BALDWIN: Judge, I -- comment. I want 7 to ask Mr. Turner a question in just a moment, but I want to 8 say that I appreciate Mr. Taylor's comments, particularly the 9 part about these things have to be planned, and long-term 10 planned, and, you know, at some point they have to start the 11 planning process for projects like this. And I appreciate 12 LCRA's comments, and I appreciate them meeting with the folks. 13 However, I don't represent a state agency, and I don't 14 represent KPUB, being a city agency. I represent the people 15 that pay taxes in this county. And I wanted to ask Mr. Turner 16 one more question. If you would repeat your comment about the 17 number of lots and how many homes are on those lots that 18 possibly this line would go right through? 19 MR. TURNER: Sure. Let me come up there, I suppose. 20 The point that I was making -- I mean, this has already been 21 said. There are a myriad of sectors that make up these routes 22 that -- well, potential routes. But just simply by taking the 23 short -- the longest route, from Rim Rock around these -- on 24 these routes to the Guadalupe River there is where my line was 25 drawn, because once you get into Kerrville, it gets extremely 7-24-06 33 1 complicated, or in -- let's say they're actually avoiding 2 Kerrville, but that's another issue. The -- there are 100 -- 3 well, by my estimate -- and, I mean, the best thing I've got 4 are a few maps and some information that I've managed to 5 glean, but I don't have the exact lines, but there seem to be 6 107 platted lots along the outer route, of which a large 7 number are occupied. In fact, probably a much larger number 8 than the L.C.R.A. were aware of, because I found many people 9 that live along that route that were not aware of this 10 project. And along the shortest route, which is the one that 11 was referred to by -- by Cherie back there, this one is -- has 12 got a hundred -- sorry, has got 52 platted lots along it, and 13 of those, 16 are located on an existing L.C.R.A. easement, and 14 the remaining 36 pass through areas or land which is largely 15 unoccupied, other than in the vicinity of the entrance to the 16 Saddlewood subdivision. But the remainder is open land, which 17 I believe is open for development currently. Perhaps whilst 18 you've given me the microphone, I might make a couple more 19 comments. First of all, the comment -- 20 COMMISSIONER BALDWIN: We want to break at noon. 21 MR. TURNER: That's all right, I'll be out of here 22 quick; I promise. I could talk all day. 23 COMMISSIONER BALDWIN: No. 24 MR. TURNER: The reason is, I'm well practiced, 25 because I've been doing the job for the L.C.R.A. with the 7-24-06 34 1 people that don't know about this project and making sure, 2 with the help of their maps, that those people are aware of 3 the situation. But I do have here -- which I believe some of 4 you may have, but others may not -- a copy of the map of the 5 local grid -- or they don't like to use the word "grid"; 6 that's my English coming out -- but the local lines that 7 surround the Kerrville area. And I would never criticize them 8 in wanting to link the Rim Rock substation up to another line, 9 because, basically, there has been some total oversight put in 10 and an absolute lack of planning, and it appears now, from the 11 admission of KPUB, that has been for some 14 years, but a 12 total lack of planning in putting together the power lines 13 that surround this area. 14 And I think one of the things that this county -- 15 this Commissioners Court can do and should be doing is 16 insuring that the planning that goes on within the county and 17 within Kerrville itself is far more integrated in its nature, 18 because we have a number of authorities that deal with roads, 19 that deal with power, that deal with other utilities, and it 20 seems to me -- and I'm just a simple layman -- that they are 21 totally uncoordinated. This Rim Rock substation sticks out on 22 a limb. It's like putting the lights on in your living room 23 and then going nearer to the circuits in your circuit breaker 24 at home and switching another light on, and wondering why the 25 living room light dips in light. They have got a serious 7-24-06 35 1 problem there, because it's out on a limb, and that's why I 2 would never criticize their need for putting in that line. 3 One of the things I would like to do is -- or to hear the 4 Commissioners Court push for is the pursuit of the aesthetic 5 principles that the P.U.C. have got actually within their 6 documentation, and -- and their advice to the L.C.R.A.. 7 I'd make one other comment. It was suggested that 8 we monitor the web site. Now, first of all, there are a heck 9 of a lot of people that don't have access to the web, just as 10 I don't bother having access to the local newspaper, because I 11 don't consider it to be something I want to read. But the web 12 site has not changed. There has been no significant change; 13 let me put it that way, in the information that's on the web 14 site since May, despite the fact the that there have been 15 considerable discussions with the project manager. And I 16 would also tell Mr. Pená that I -- I agree with him. His 17 people have been very proactive with those that have had the 18 opportunity to speak to them. The problem is that there are 19 many people who either are unaware of the project or who have 20 a severe difficulty in understanding the implications of that 21 project and where it will run. 22 The aerial photograph map that I have here is not 23 easy to read. It does not relate itself clearly to the roads 24 which traverse the area, and does not relate very easily and 25 readily to the ability of people to read the geography that's 7-24-06 36 1 there. There is a campaign of misinformation in the hope that 2 we'll all get up and go away. But apart from that, you know, 3 you're -- I think you have the answer that you wanted. I 4 apologize for taking more of your time. 5 COMMISSIONER BALDWIN: Thank you. 6 JUDGE TINLEY: Thank you, Mr. Turner. 7 COMMISSIONER NICHOLSON: I've got some comments, 8 Judge -- oh, go ahead. 9 JUDGE TINLEY: The lady at the back of the room. 10 COMMISSIONER NICHOLSON: Go ahead. 11 MS. BIDELL: Mr. Nichols, one thing I want to point 12 out to you, because this is in your district, something that 13 has not been said. Now, with power lines, there's going to 14 have to be a new substation. And at the open house, we saw 15 where their proposed -- or where they're thinking about 16 putting a substation. And, remember, this project is called 17 Rim Rock-to-Goat Creek, so we know where Rim Rock is, and we 18 know where that substation is there. And Goat Creek means 19 maybe that the substation is going to be somewhere near -- 20 around Goat Creek. Now, nothing much has been said about 21 substations, and to me, that's just as important. A 22 substation would not impact myself or my husband or my 23 neighborhood, but a substation certainly is really going to 24 impact Kerr County. And when L.C.R.A. starts their project, 25 they tell you nothing but that they're going to have a 7-24-06 37 1 project. And as we've been saying and Jeff's been saying, we 2 see all these alternative lines, but the substation is a very 3 large piece of equipment. And I think we all know -- just 4 drive down Harper Road and take a look at that substation. 5 You know, people who are going to be impacted by the 6 substation around Goat Creek could be Ingram or the far west 7 side of Kerrville. I think that's a very important issue 8 also, and to -- to let the county of Kerr to hang out there -- 9 and I do feel they let us hang, not only with the power lines, 10 but they're letting us hang with the substation. And I just 11 wanted to bring that point up. The substation is very, very 12 important; very, very unsightly, and to some degree, sometimes 13 more unsightly than power lines. Thank you. 14 JUDGE TINLEY: Thank you, ma'am. Mr. Nicholson? 15 COMMISSIONER NICHOLSON: Yeah. I just wanted to 16 share my thinking on the issue with you. One, it's certain 17 that anytime that there's a -- a taking of public property for 18 -- for general public use, whether it's a road or utility 19 easement or whatever, there is going to be objections to it, 20 and the objections are going to be strongest by those who are 21 most closely impacted by it. So, that's no surprise. I've 22 got a -- KPUB's got an easement across my front yard, and I 23 wish they'd move across the road, put it in somebody's else's 24 front yard, but they're probably not going to do that. The 25 second observation is, I think the opinion of this Court 7-24-06 38 1 doesn't carry much weight on whether or not the issue is 2 approved. We can act if we choose to, but let's not pretend 3 that we've got very much influence on the -- on the final 4 outcome of it. And the third, maybe the most important 5 observation I've got to make, is I think the concerns of my 6 constituents are exacerbated because they don't believe 7 there's a need for this project. They don't appreciate the 8 need. They -- they tell me they're told the need for the 9 project is things like in case a tornado or an airplane hits 10 the current line, we'd be out of power for a few days. That's 11 a pretty weak argument for a need for a project of this scope. 12 And then I look at the question and answer sheet, and it asks 13 the question, why is the Rim Rock-to-Goat Creek project 14 needed? And the answer is pretty weak. It doesn't -- it 15 doesn't tell me that we're out of capacity and if we don't do 16 this project, then we won't be able to meet the electrical 17 needs of west Kerr County in the future, so if that's the 18 case, that needs to be said. People need to know that this 19 isn't a convenience deal. It's not a backup. It's not just 20 in case. It's needed to supply current and future growth. 21 We're at capacity, and we need to build this -- we need more 22 capacity. If that's the case, we need to say it. That's it. 23 JUDGE TINLEY: Mr. Turner, you had an additional 24 comment? 25 MR. TURNER: Can I just make one comment in -- in 7-24-06 39 1 correcting Mr. Nicholson? First of all, this project is to 2 deal with high tension power lines. It's not like the KPUB 3 lines you're talking about. This is a whole different ball 4 game. Secondarily, I think that the point that you make is 5 very valid. We do need the -- the power supply, and I would 6 never go against that need. I'm not -- I mean, I'm not one of 7 the guys that would say we don't need it. The principles by 8 which the project is applied are the most important issue 9 that's at stake here, and I -- I would like the Court to know 10 that it is certainly -- I have heard an opinion from a guy who 11 was an attorney within the L.C.R.A. system that says that this 12 Court's opinion does hold weight within their consideration. 13 COMMISSIONER BALDWIN: Judge, may I offer the 14 resolution, please? 15 JUDGE TINLEY: Yes. 16 COMMISSIONER BALDWIN: Thank you. I want to read 17 the resolution for the record, please. "Whereas the Lower 18 Colorado River Authority, through its Transmission Services 19 Corporation, is proposing a major transmission line project in 20 Kerr County, known as the Rim Rock-to-Goat Creek project, for 21 the construction and operation of a new 138-kilovolt 22 transmission line; and Whereas this new transmission line is 23 proposed to be built from the existing Rim Rock substation 24 located south of Kerrville to a new substation to be built on 25 or near the existing Ingram-to-Harper Road transmission line 7-24-06 40 1 west of Kerrville; and Whereas the Public Utility Commission 2 of Texas decides if and where new lines are needed to supply 3 electric services based on presentation of data depicting 4 demonstrated need; and Whereas the L.C.R.A. failed to present 5 information that would enable the public to become informed as 6 to a preferred or alternative route for the proposed 7 transmission line at the open-house meeting at which the 8 public was invited, nor was there comprehensive information 9 presented as to the demonstrated need for the new transmission 10 line; and Whereas L.C.R.A. failed to present detailed 11 information regarding public health and safety issues, 12 environmental issues, land use constraints, and/or 13 human/natural/cultural resources impacts and the devaluing of 14 private property; Now, therefore, be it resolved that Kerr 15 County Commissioners Court does hereby register its opposition 16 to the Rim Rock-to-Goat Creek project as proposed by 17 L.C.R.A./T.S.C. and urges the Public Utility Commission of 18 Texas to deny the L.C.R.A. application to amend its CCN for 19 this purpose; and be it further resolved that copies of this 20 resolution be forwarded to the Public Utility Commission of 21 Texas, the Lower Colorado River Authority, Kerrville Public 22 Utility Board, the Central Texas Electric Cooperative, State 23 Representative Harvey Hilderbran, and State Senator Troy 24 Fraser." 25 Before I offer this as a motion, I wanted to thank 7-24-06 41 1 my good friend from Precinct 2. He's the -- he's the official 2 pen for the Commissioners Court. And, of course, he has a 3 hard time spelling some things here, but we'll change that as 4 we go along. 5 COMMISSIONER WILLIAMS: Did I misspell your name? 6 COMMISSIONER BALDWIN: No, you misspelled your State 7 Representative's name. 8 COMMISSIONER WILLIAMS: Oh. 9 COMMISSIONER BALDWIN: Which I'm not going to bring 10 up in a public forum, of course. So, Judge, I offer this 11 resolution as a motion. 12 JUDGE TINLEY: We have a motion. Do I hear a 13 second? Do I hear a second to the motion? 14 (No response.) 15 JUDGE TINLEY: Motion dies for lack of a second. 16 COMMISSIONER BALDWIN: Good. 17 JUDGE TINLEY: I assume there's nothing further on 18 that particular agenda item? 19 COMMISSIONER BALDWIN: No, sir. 20 JUDGE TINLEY: Okay. Let's quickly move to -- let's 21 go to Item 11. We have a 10 o'clock public hearing, so I'm 22 going to recess the Commissioners Court meeting at this time, 23 and I will open a public hearing for revision of plat for 24 Tracts 9B, 9A, and 10A of NF-RB Ranch, Section 4, as set forth 25 in Volume 6, Page 148, Plat Records. 7-24-06 42 1 (The regular Commissioners Court meeting was closed at 10:01 a.m., and a public hearing was held in open 2 court, as follows:) 3 P U B L I C H E A R I N G 4 JUDGE TINLEY: Is there any member of the public 5 that wishes to the to be heard with respect to the revision of 6 plat for Tracts 9B, 9A, and 10A of NF-RB Ranch, Section 4, as 7 set forth in Volume 6, Page 148? If so, please come forward 8 at this time. 9 MR. ANDREWS: Judge Tinley, I'm Frank Andrews, and 10 it's my revision that's being requested, and I'm just here to 11 answer any questions, and otherwise not take up any of the 12 Court's time. 13 JUDGE TINLEY: All right, sir. Thank you. Any -- 14 any other member of the public that wishes to be heard with 15 regard to the revision of plat for Tracts 9B, 9A, and 10A of 16 NF-RB Ranch, Section 4? Seeing no one else coming forward, I 17 will close the public hearing. 18 (The public hearing was concluded at 10:01 a.m., and the regular Commissioners Court meeting was 19 reopened.) 20 - - - - - - - - - - 21 JUDGE TINLEY: And I will reconvene the 22 Commissioners Court meeting. We will move to Item 6, which 23 was a timed item at 9:30. I'm sorry we're a little bit late 24 getting to that. That item is to consider and discuss a 25 proposal from Ever Change Youth and Family Services to manage 7-24-06 43 1 the Kerr County Juvenile Detention Center. Commissioner 2 Williams? 3 COMMISSIONER WILLIAMS: Thank you, Judge. Mr. Beams 4 of the -- who is the chief financial officer for Ever Change, 5 has been in touch with me with regarding his company's 6 interest in managing the Kerr County Juvenile Detention 7 Facility, and I invited him to come to Commissioners Court for 8 two purposes. First of all, to tell us about his company that 9 I understand operates a facility in Hondo Texas, and to tell 10 us exactly what it is that he would propose. So, I, like you, 11 am ready to hear what Mr. Beams has to say. Mr. Beams? 12 MR. BEAMS: Good morning. I am Lynn Beams, Chief 13 Financial Officer for Ever Change Youth and Family Services. 14 We do oversee and manage a long-term detention -- 15 postadjudicated detention facility in Hondo, Texas called Ever 16 Change. And we have a love for children, and we'd like to see 17 their lives changed. We took our direction from what's taken 18 place -- I don't know if y'all are familiar with Teen 19 Challenge in San Antonio; that when Governor Bush -- George 20 Bush saw what was taking place there, initiated the 21 faith-based initiatives, and that's what we are. We're a 22 faith-based program. And we've seen great success, and we 23 feel like that we can maybe expand or help some other kids in 24 this area, and so we offered the proposal that I've given to 25 Mr. Williams. And let me say also, in sitting down and what 7-24-06 44 1 I've heard so far, I appreciate Commissioners Court a whole 2 lot more than I ever did before. Any questions for me? 3 COMMISSIONER LETZ: I -- I have a hard time 4 understanding why we would consider doing this. I mean, as I 5 calculate it, we're getting -- we're spending $880,000 to have 6 you manage a facility, and we receive $5 per Kerr County -- 7 Kerr County kid out there per day. I mean, our goal is to get 8 this to not lose money with that facility, and this is 9 increasing the loss. 10 MR. BEAMS: Is that so? Okay. 11 COMMISSIONER LETZ: We're certainly not decreasing 12 it. I think it's increasing, based on where we are currently 13 operating it now, which is why we've opted to basically -- I 14 mean, 'cause on top of the 880,000, we have a debt service out 15 there as well. So, this is a lot of money. Unless I'm 16 missing something, it seems to me this is a proposal that 17 costs the County money. 18 JUDGE TINLEY: Mr. Beams, how long has Ever Change 19 Youth and Family Services been in existence? 20 MR. BEAMS: We began in 2001, the month of May. 21 JUDGE TINLEY: Okay. And have you been continuously 22 involved -- 23 MR. BEAMS: Yes, sir. 24 JUDGE TINLEY: -- since that time? 25 MR. BEAMS: From the beginning, yes, sir. 7-24-06 45 1 JUDGE TINLEY: All right. 2 MR. BEAMS: Mr. Still, Mr. Irvin Still -- 3 MR. STILL: I'm right here. 4 MR. BEAMS: Here he comes. He actually had, in the 5 beginning -- I'm a pastor of a church in Lytle, Texas, and 6 this gentleman here was leading our worship for us. He had 7 worked for several detention or long-term detention facilities 8 for a number of years, and saw a vision for what we 9 essentially began in 2001. And I'll let him share a little 10 bit. 11 MR. STILL: My name's Irvin Still. I'm President 12 and C.E.O. of Ever Change. I think one of the things, 13 Commissioner, that I don't know if it's clarified in there, 14 but the $5 a day is for non-county residents. You know, 15 detainees that are there that would be, you know, passed on to 16 Kerr County. So, it's not something y'all would pay; it's 17 something we would -- would pay to Kerr County for, you know, 18 having housed out-of-county residents. So, it puts it on us 19 to be able to try to, you know, fill the facility with, you 20 know, the surrounding counties and encourage them to detain 21 their kids in that facility. 22 COMMISSIONER NICHOLSON: This is interesting. I 23 kind of get a feel that you all probably do a good job working 24 with the children. I can tell you got a passion for it. I 25 just want to ask the Judge a question, 'cause I had not 7-24-06 46 1 understood this in all of our many discussions. The 2 postadjudication incarceration. Is an objective of that 3 incarceration to rehabilitate children? 4 JUDGE TINLEY: Absolutely. 5 COMMISSIONER NICHOLSON: What do we do for them? 6 JUDGE TINLEY: Well there's a number of different 7 programs, depending upon the -- the particular need of the 8 child. There are general behavior programs, behavior 9 modification, anger management. You have specialized 10 programs, substance abuse programs, sex offender treatment 11 programs. Those are the major components, but within the 12 behavior modification modules, there are all sorts of -- of 13 particular units or blocks of treatment or -- or instruction 14 that -- depending upon what the assessment of each child 15 indicates a need for. There may be psychological issues, 16 self-esteem issues. It runs the whole gamut, and they try to 17 tailor the -- the rehabilitating program for each particular 18 child so that it fits the needs of that child. 19 COMMISSIONER NICHOLSON: Mr. Beams, if you made this 20 contract with Kerr County, would that be the first time you 21 made such a contract with a county? 22 MR. BEAMS: We've had -- we've had contracts with 23 Medina County before. 24 COMMISSIONER NICHOLSON: Would you explain how -- 25 what that -- 7-24-06 47 1 MR. STILL: Well, we managed and operated the 2 detention center there in Medina County. After a while, they 3 decided it was just more cost-effective to detain their youth 4 in other counties, because they didn't detain very many -- 5 very many kids. They changed chiefs. The chief at that time 6 was Bob Kelly. He passed away. The new chief came in with 7 just a different philosophy on detention, and doing some other 8 things in the community rather than detaining, so their 9 detention population dropped by half, and they just -- you 10 know, when they crunched the numbers, they said it would be 11 easier, cheaper, more cost-effective for the county to detain 12 out of county. So, from that point, then, that facility that 13 was their detention center is now where we operate our 14 residential program. 15 COMMISSIONER WILLIAMS: How much -- are you 16 finished, Dave? 17 COMMISSIONER NICHOLSON: Just -- it's interesting, 18 but I'm not in favor of making any more changes than we've 19 already made at the Juvenile Detention Facility. 20 COMMISSIONER WILLIAMS: I'm, frankly, not either, 21 but I wanted to ask a question, because I think the proposal 22 that was put to us is -- although I think I understand it, I 23 think it eliminates -- does not deal with the revenue aspects 24 of it appropriately. What you're really saying is that if you 25 operated a facility on a 24/7 basis, 52 weeks a year, seven 7-24-06 48 1 days a week, and you had it full -- let's assume it was full. 2 That revenue coming in at our current per diem rate is 3 something like almost three-quarters of a million dollars if 4 it were full every single day of the year. Now, that revenue 5 would go to you, and then on top of that, we would pay you 6 another 870,000 a year? Is that -- is that correct? 7 MR. BEAMS: No, sir. 8 COMMISSIONER WILLIAMS: Explain where I'm wrong. 9 MR. BEAMS: You would pay us -- according to our 10 proposal, the way that I've structured it was you would pay us 11 a monthly management oversight fee, no matter how many kids 12 you had. If you had 25 kids -- correct me if I'm wrong. If 13 you had 25 kids from Kerr County, then they would all be Kerr 14 County children. If -- if you had 20, it would still be the 15 70 -- the proposal that we put there. Does that make sense? 16 COMMISSIONER WILLIAMS: But where does the per diem 17 revenue go? To you, or to us? 18 MR. BEAMS: To you. 19 COMMISSIONER WILLIAMS: Goes to us. 20 COMMISSIONER LETZ: So, we charge $83 a day or $85 a 21 day that -- per detainee -- 22 MR. BEAMS: Am I saying that correctly? 23 MR. STILL: No. 24 MR. BEAMS: Correct me. 25 MR. STILL: We would -- we would bill out for the -- 7-24-06 49 1 for the residents, okay. And -- 2 COMMISSIONER LETZ: At some per diem, correct? 3 MR. STILL: Yes, but we're only going to be billing 4 out for the out-of-county residents, because your -- 5 COMMISSIONER LETZ: Which is going to be all you're 6 going to have, primarily. I mean, our -- our experience has 7 shown that we have very few Kerr County postadjudicated 8 residents in the facility. 9 MR. STILL: Well, those are -- yeah, those are 10 preadjudicated detainees. This is just for the detention 11 center operation. 12 COMMISSIONER WILLIAMS: Would you operate pre and 13 post, or just pre? 14 MR. STILL: Well, right now, it's just the pre. 15 That's what we're proposing right now, is just for what's 16 operating out there at this time, the preadjudication 17 detention center. 18 COMMISSIONER LETZ: Oh. 19 MR. STILL: See, and you could detain -- if your 20 county had to detain 10 kids, your detainee would, of course, 21 never be turned away. If we had youth from other counties 22 detained there and it was at capacity, and Kerr County needed 23 a bed, then one of those -- that youth would certainly be 24 accepted, and one of the other counties would be contacted, 25 and that youth would have to be moved to another facility. 7-24-06 50 1 MR. BEAMS: Our expertise and experience has been 2 over the years to be -- to do the long-term, to do the 3 postadjudicated kids. And we certainly -- that's still our 4 heart, because that's when we have the opportunity, 5 Commissioner Nicholson, to help with the rehabilitation. And 6 in so doing that, y'all have the facility that -- you know, 7 one day we may -- we may want to do something there, you know, 8 and this would just be a good thing to get started with, we 9 thought. 10 COMMISSIONER BALDWIN: Well, I appreciate what 11 you're saying, and I'm a huge fan of faith-based 12 organizations. And I would be willing to bet a bowl of ice 13 cream that they're much more effective than the things that 14 the Judge outlined, the State-run functions. Although I'm not 15 knocking them; I'm just saying this is by far better. They 16 probably deal with sin in people's lives. 17 MR. BEAMS: That's it. 18 COMMISSIONER BALDWIN: And -- but, however, too 19 expensive. Sorry. See y'all. 20 MR. BEAMS: Okay. 21 MR. STILL: Thank you for your time. 22 JUDGE TINLEY: Any other questions or comments? 23 COMMISSIONER BALDWIN: We love you. However... 24 COMMISSIONER WILLIAMS: I do thank you for coming 25 forward. I appreciate Mr. Beams contacting and expressing 7-24-06 51 1 interest. Based on what I know about the potential of the 2 next year's budget, I think this would be excessive by 3 comparison. So -- 4 MR. BEAMS: We appreciate your time. 5 MR. STILL: Thank you very much. 6 JUDGE TINLEY: Thank you. 7 COMMISSIONER NICHOLSON: Thank you for the work you 8 do. 9 COMMISSIONER BALDWIN: Have a safe trip. 10 JUDGE TINLEY: I assume there's nothing further on 11 that agenda item? 12 COMMISSIONER WILLIAMS: I don't think so. 13 JUDGE TINLEY: If not, we'll move to Item 3; 14 consider, discuss, and take appropriate action to renew the 15 annual contract between Kerr County and the Department of 16 State Health Services, and authorize the County Judge to sign 17 same. 18 MS. PIEPER: Judge, I'm behind you, if you don't 19 mind me standing here. This is just our basic contract that 20 we have with Texas Department of Health to do the birth 21 certificates online for any child born in the state of Texas. 22 COMMISSIONER LETZ: Same form of contract we've 23 previously -- 24 MS. PIEPER: Same one. I called it a renewal; 25 however, in their contract, they don't state "renewal," but I 7-24-06 52 1 don't believe there's anything in here that's changed. 2 COMMISSIONER LETZ: Has the County Attorney looked 3 at it, or does he need to? 4 MS. PIEPER: I did present him a copy of it. 5 MR. EMERSON: I don't see anything any different 6 than last year's contract, and it does have the termination 7 clause. 8 COMMISSIONER LETZ: Move approval. 9 COMMISSIONER BALDWIN: Second. 10 JUDGE TINLEY: Motion made and seconded for approval 11 of the agenda item. Any question or discussion? All in favor 12 of the motion, signify by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: The motion does carry. We'll move to 17 Item 4; consider, discuss, and take appropriate action on 18 membership with the National Association of Counties. 19 Ms. Nemec? 20 MS. NEMEC: Okay. This item is on the agenda. 21 We've had several Treasurers around the state taking advantage 22 of the programs that NACO offers by becoming a member. The 23 invoice is attached for a one-year membership, and the date 24 that they have on there is from January. I'm not sure why 25 they put that on there. I do have a call in to them at -- to 7-24-06 53 1 ask them if one year can go from, for instance, July or August 2 through -- through July, so they'll be getting back to me on 3 that. But they offer some discount programs if you're a 4 member. One of them is up to 71 percent discount at Office 5 Depot. The other most interesting thing that they offer that 6 the counties are real excited about is a discount on 7 prescriptions for any county resident. They would send me 8 some discount prescription cards, and anyone in the county 9 could just come and pick one up at my office, and the average 10 savings is 20 percent on that. And those are for county 11 residents who don't have insurance -- prescription insurance. 12 And most pharmacies are participating; H.E.B., Walgreen's, 13 Walmart, and so we would be able to just give them a card. It 14 would be no cost to the County other than the membership. 15 And along with that membership, they just offer a 16 lot of things. I was reading about it, and they say they're 17 working with the Sheriff's Association on some methamphetamine 18 problems that they're researching, and they're really big on 19 that and things like that. We would get discounts to 20 different conferences. I'm always getting brochures on the 21 conferences that they offer, but if you're a nonmember, 22 they're pretty expensive, just almost too expensive for us to 23 even go to them, so we would get savings on that also. I know 24 Bandera is participating. Comal County has just recently 25 started participating. This is what Commissioner Williams had 7-24-06 54 1 asked me a couple of months ago about. And the only way to 2 get that savings is to become a member of the National 3 Association of Counties. 4 COMMISSIONER WILLIAMS: If any Kerr County resident, 5 however, participates in any other prescription drug program, 6 for example, they would not be eligible; is that correct? 7 MS. NEMEC: That's correct. This is only for people 8 who do not have insurance or a prescription card. And I was 9 also reading, and it says that if your pet is prescribed a 10 medication, that this is also -- that card can also be used 11 for their medication. So -- 12 JUDGE TINLEY: Did you miss it? 13 COMMISSIONER BALDWIN: Yeah. My dog's already been 14 taken care of. 15 COMMISSIONER LETZ: Are we -- 16 COMMISSIONER BALDWIN: We are members of Texas 17 Association of Counties, and have not -- we've always said no 18 to this, and I will continue to say no to this. I'm not a fan 19 of NACO. I -- from TAC, we get lots of stuff. We get our 20 money's worth, and from these folks, I just have never seen -- 21 I mean, I appreciate those insurance offers, but I see that as 22 more of a storm than I do a solution to anything. 23 COMMISSIONER LETZ: Well, unless I'm missing what 24 you're saying, Kerr County employees wouldn't qualify, because 25 we get prescription -- we have prescription drugs on our 7-24-06 55 1 insurance plan. 2 COMMISSIONER BALDWIN: Any citizen. 3 COMMISSIONER WILLIAMS: Any citizen. 4 COMMISSIONER BALDWIN: Illegal aliens, et cetera and 5 so forth. 6 COMMISSIONER WILLIAMS: Any resident in Kerr County 7 that does not have a prescription dug plan. 8 MS. NEMEC: That's correct. And there were several 9 residents that brought it to my attention after they read in 10 the paper that the surrounding counties were doing it, and 11 that's when I found out that -- it's through Care -- Caremark, 12 I think. But that's when I found out that the only way to get 13 it is to become a member of NACO. 14 JUDGE TINLEY: Two questions. Number one, other 15 than the information that we have here, is there more detailed 16 information available that we might review? And, secondly, 17 you had mentioned that you had a call in, I believe, or were 18 going to inquire about the term of the agreement that you've 19 not gotten a response to yet. 20 MS. NEMEC: Right. 21 JUDGE TINLEY: With that still outstanding, maybe 22 there is or is not some urgency about this. I'd personally 23 like to see some more information about all of the specifics. 24 MS. NEMEC: I'll leave this folder with you. This 25 is what they sent me. They only sent me one, but there is a 7-24-06 56 1 lot of information in here on what different programs they 2 offer that we can take advantage of -- 3 JUDGE TINLEY: Okay. 4 MS. NEMEC: -- if we're members. 5 COMMISSIONER WILLIAMS: Why don't we defer it? 6 MS. NEMEC: If you're interested in it, then you can 7 just let me know. I'll put it back on the agenda, and by that 8 time I'll have an answer on the membership. And if I don't 9 hear from you, that means you're not interested. 10 JUDGE TINLEY: Okay. 11 MS. NEMEC: Okay? Thank you. 12 JUDGE TINLEY: Any member of the Court have anything 13 further to offer on that particular agenda item? 14 COMMISSIONER BALDWIN: Yes, sir. For those folks 15 out in the public that are wondering, the annual dues is $776 16 a year, for I don't know what. That's all. 17 JUDGE TINLEY: Anything else? Let's move on to Item 18 5, if we might. Consider, discuss, and take appropriate 19 action on renewing the Kerr County Teen Curfew which is due to 20 expire at the end of July 2006. Mr. Sheriff? 21 SHERIFF HIERHOLZER: We've renewed this and had this 22 in place for a number of years now. It's a very effective 23 tool. We do not write very many curfew violations, but it 24 does give us the opportunity to visit with kids that are out 25 past those hours, and it also gives their parents a little 7-24-06 57 1 control. I would just recommend its renewal. I don't have 2 any -- any complaints or anything else. But it's up -- 3 COMMISSIONER BALDWIN: Does the City have a teen 4 curfew? 5 SHERIFF HIERHOLZER: City of Ingram does. The City 6 of Kerrville does not. 7 COMMISSIONER NICHOLSON: Have you issued any 8 citations for violations? 9 SHERIFF HIERHOLZER: We issue probably five to six a 10 year on definite repeat offenders that we can't get parents or 11 anybody else to assist with. And once in a while, we issue 12 them to the parent. But it's very few, and it's more of a 13 tool than anything else. 14 COMMISSIONER NICHOLSON: I see that this Court voted 15 to extend it a year on the 25th of July last year by 3-to-0 -- 16 a 3-to-0 vote. I think that must mean I was absent. I'm 17 not -- I'm not in favor of a teen -- teen curfew. It's not 18 necessary; treading on civil liberties. 19 COMMISSIONER BALDWIN: Possibly, but I think it 20 chases them back into the city, where there is no curfew. I 21 move for approval. 22 COMMISSIONER WILLIAMS: Second. 23 JUDGE TINLEY: Motion made and seconded for approval 24 of the agenda item. Any question or discussion? All in favor 25 of the motion, signify by raising your right hand. 7-24-06 58 1 (Commissioners Baldwin and Williams voted in favor of the motion.) 2 JUDGE TINLEY: All opposed, same sign. 3 (Commissioners Letz and Nicholson voted against the 4 motion.) 5 JUDGE TINLEY: Chair votes to approve. 6 SHERIFF HIERHOLZER: Thank you, gentlemen. 7 JUDGE TINLEY: Let's go to Item 7. 8 COMMISSIONER LETZ: Don't look so shocked. 9 JUDGE TINLEY: Let's move to Item 7. Consider, 10 discuss, and take appropriate action regarding proposal for a 11 new wireless telephone contract with Five Star Wireless. Mr. 12 Sheriff again. 13 SHERIFF HIERHOLZER: I think the backup to this that 14 y'all have and the letter from Five Star Wireless pretty well 15 explains it. I think it would be a great savings to the 16 County. It's been -- been offered to us. Mr. Stacy's here; I 17 think that he can also attest to that. But we talked about it 18 a little bit last week, and I just think that we definitely 19 need to go with this type of contract for the Sheriff's 20 Office. 21 COMMISSIONER WILLIAMS: I had a question posed to 22 me, and I don't know the answer to it. I'll pose it to you, 23 Sheriff, and if you don't know the answer, the guy with the 24 white hair and the glasses probably does. In light of all the 25 corporate changeover taking place with respect to our 7-24-06 59 1 communications entities in Kerr County, what happens if we 2 sign this agreement for the prescribed dollars, which I 3 understand are good and a savings, and along comes corporate 4 who says, "Well, you know, we can do better for you; we can -- 5 we can make a better deal under a new manner." Do we get the 6 better deal under the new manner, or are we locked into this 7 one? 8 SHERIFF HIERHOLZER: My understanding with our other 9 phone contract that you will be dealing with in a minute is, 10 yes, it would upgrade to the better deal. 11 COMMISSIONER WILLIAMS: I'll ask the same question 12 under that one, too. 13 MR. STACY: Commissioner, Five Star is -- while it 14 is an affiliate of our new corporate company, Windstream 15 Communications, it's still a separate entity. And it's a 16 partnership of five telephone companies; Windstream 17 Communications now, Guadalupe Valley Communications, Central 18 Texas Telephone Co-Op, Hill Country Telephone Co-Op, and 19 Southwestern Bell, now Cingular. So, there would be no change 20 in the contract, and we would honor -- you know, if at some 21 point in time it got severed, all of the existing contracts 22 would be honored. I believe we normally enter into a two-year 23 agreement for these -- for these phones, so we would honor 24 that for an additional -- whatever the term of the contract 25 is. And if you -- if there were a better arrangement, we have 7-24-06 60 1 always been -- would bring that to your attention at this 2 point. 3 COMMISSIONER WILLIAMS: That really is the thrust of 4 my question. If the rate improved, then -- 5 MR. STACY: Yes. We have always said if there's a 6 better rate, you can change plans within our system anytime to 7 a different plan, so we would certainly allow you to do that. 8 JUDGE TINLEY: And you -- they would be agreeable to 9 insert a provision in the contractual agreement that in the 10 event Five Star, for example, in this case, offered a better 11 plan or more reasonable plan cost-wise, that we can upgrade? 12 MR. STACY: I think it's actually in there already 13 that you can change plans at no -- no cost. 14 SHERIFF HIERHOLZER: And we have upgraded our prior 15 ones at different times during the contract, because they 16 would call and say, "Look, if you'll go to this, we can 17 upgrade this per the contract, and it's going to cost you less 18 money." Without changing the contract, just upgrading. And 19 that has been done and has worked real well. 20 COMMISSIONER WILLIAMS: I have a second question. 21 The second question is -- has to do with the cell phones in 22 use for the balance of -- of the county, outside the Sheriff's 23 Department. We've sort of suggested to Mr. Trolinger that he 24 get a handle on that and see what's out there, how many are in 25 use and so forth. Can we benefit from the volume of this 7-24-06 61 1 contract with respect to a rate to be charged for the others? 2 MR. STACY: Yes. Blanket yes. 3 COMMISSIONER WILLIAMS: Thank you. 4 MR. STACY: We'll -- we'll sit down and work either 5 a contract that works the same as the Sheriff or a separate 6 one, or however you'd like to do it. 7 COMMISSIONER LETZ: This is a two-year -- 8 MR. STACY: Two-year agreement. 9 COMMISSIONER LETZ: And the money's in your budget 10 for this year, and is proposed for next year already? 11 SHERIFF HIERHOLZER: It's proposed for next year. 12 It's there this year. 13 COMMISSIONER NICHOLSON: And the bottom line is, it 14 saves us $150 a month and we get better service. 15 SHERIFF HIERHOLZER: You're right. 16 COMMISSIONER WILLIAMS: Move approval. 17 COMMISSIONER NICHOLSON: Second. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded for approval 20 of the agenda item. Any question or discussion? 21 COMMISSIONER LETZ: A quick question. And I don't 22 know if the Sheriff knows or Mr. Stacy knows. I think the 23 Sheriff made a comment earlier that he wanted to continue to 24 use Five Star because it has better coverage than other 25 companies such as Sprint -- I don't know if you named Sprint. 7-24-06 62 1 SHERIFF HIERHOLZER: Yes. 2 COMMISSIONER LETZ: How do you know that to be true? 3 And the reason I say that is, I used to have Five Star; now I 4 have Sprint. I have -- in my opinion, both of them are bad 5 coverage. 6 SHERIFF HIERHOLZER: It's throughout -- by using -- 7 I have 31 cell phones. A lot of my patrol sergeants and 8 everybody else have cell phones, and when they're traveling 9 throughout the county, you get on the west end, you get some 10 areas just before Center Point, some areas, you know, out on 11 the west, and I have those people that -- also the same people 12 that have personal contracts with, like, Sprint or the other 13 ones. My parents even have it, okay? And they don't have the 14 coverage inside Kerr County, especially when you get out west 15 and you get in the hilly areas, that it's not the -- the 16 ability that Five Star has. It gives us just a lot better 17 coverage. 18 COMMISSIONER LETZ: It just seemed -- when I made 19 the change, I was hoping to get rid of the holes, and they're 20 in the exact same spot they were before. 21 COMMISSIONER NICHOLSON: They don't -- don't expect 22 anything better if you're out in my neighborhood, 'cause it's 23 hit or miss when you can use your cell phone. 24 MR. STACY: We have the only cell site in Hunt. 25 There is nobody else that has one, and the other companies use 7-24-06 63 1 our cell sites. 2 SHERIFF HIERHOLZER: We get better coverage with 3 Five Star. 4 COMMISSIONER BALDWIN: Spoken like a county judge's 5 son. 6 JUDGE TINLEY: Any other questions? Comments? All 7 in favor of the motion, signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: The motion carries. Let's see if we 12 can go ahead and take care of Item 8, telephone-related items. 13 Consider and discuss and take appropriate action regarding 14 updating telephone system and renewing contract for five years 15 with Kerrville Telephone Business Systems. 16 SHERIFF HIERHOLZER: This is still the exact same 17 thing we brought in March. It's the exact same contract. I 18 just -- I'm at a point I need to do something. I need 19 capability of adding new lines into our department. Y'all 20 know what the problems have been. This will upgrade the 21 equipment, and as the equipment -- it will upgrade the 22 equipment initially to get us the capability of adding the new 23 lines. Now, it does not upgrade all the individual telephones 24 with the newest telephone, but as those phones go out, they 25 will be replaced. So, we're using a lot of our existing 7-24-06 64 1 equipment too, but it was the least expensive way. Now, if 2 the Court decides to approve this, Rex had looked at it one 3 time back in March when I looked at it again, but on Page 7, 4 under Article 13, it's the normal county indemnity deal that I 5 would ask that we go back to the phone company, and Curtis has 6 said that they wouldn't have any problem, but it just needs to 7 state in there about -- to the amount allowed by law, so that 8 we can fix that indemnity clause that any county government 9 has. But I've also talked to Curtis because of the corporate 10 changeover, and that is coming, and from everything I hear 11 from a lot of the employees at the phone company, different 12 people, this is going to be a fabulous thing for Kerr County 13 and for the phone company, and there will be a lot more 14 upgrades and -- and additional things hopefully coming out in 15 the near future. But if we enter into this, all that will be 16 applicable to this and we'll be able to be upgraded with this 17 at the same type deal. 18 MR. THOMPSON: That is correct. I'm Curtis with 19 Windstream Communications. Two things that -- that are very 20 attractive that is coming up that I would like to extend to 21 our customers in the county is pricing; Windstream buys a 22 large amount of equipment, so we'll be extending that to this 23 project. And the other is maintenance agreements. There's a 24 wide -- several different options for maintenance that we'll 25 be extending to the County. Over the next four weeks, we'll 7-24-06 65 1 be going through training and learning about these, so I'd 2 like to -- after I go through training on these and find out 3 what these maintenance contracts offer, I would like to extend 4 those to this project. 5 COMMISSIONER WILLIAMS: Those would become an 6 addendum to this contract or what? 7 MR. THOMPSON: Yes. 8 COMMISSIONER WILLIAMS: If they're better? 9 MR. THOMPSON: That's correct. The pricing is going 10 to be significant. 11 COMMISSIONER WILLIAMS: I like that. 12 MR. THOMPSON: It's far better than what we've been 13 able to offer in the past. 14 COMMISSIONER BALDWIN: The pricing on the 15 maintenance contracts? 16 MR. THOMPSON: On the maintenance contracts, there 17 is several options that -- and I'm learning about this as we 18 speak. Some of these would be 24/7, around the clock 19 maintenance with no -- no hourly overtime charge. And, also, 20 we would have quarterly traffic reports on some of these that 21 we would offer, critical alarm reports, software release 22 updates, and there's three tiers that we can offer that -- 23 that we do not have in place right now with Kerr -- in the 24 past with Kerrville Telephone Company. 25 JUDGE TINLEY: You mentioned that the new corporate 7-24-06 66 1 owner, because of size, is able, by virtue of acquiring large 2 -- a large amount of equipment, that they can do so at a more 3 attractive rate. Are we looking at the lease cost coming down 4 because of amortizing the cost of equipment under a new 5 purchase formula? 6 MR. THOMPSON: That is correct. 7 JUDGE TINLEY: And are you telling me that -- how -- 8 how are we going to determine this? 9 MR. THOMPSON: Well, it's just -- from what I've 10 been told, I know the -- I do know that their pricing is much 11 better than ours, so we'll be glad to extend those to all of 12 our customers, of course. 13 COMMISSIONER WILLIAMS: Can we get the Sheriff's 14 project underway, and -- 15 MR. THOMPSON: Yes, sir. 16 COMMISSIONER WILLIAMS: -- and revisit the rate 17 structure section of the contract at a later date when you 18 have more information? 19 MR. THOMPSON: Yes, sir. 20 COMMISSIONER LETZ: So, what you're saying is that 21 the $618 a month fee is likely going to be less? Is that -- I 22 mean -- 23 MR. THOMPSON: Could very well, yes. 24 COMMISSIONER BALDWIN: Or may be less. 25 MR. THOMPSON: Yes. But what we can do is revisit 7-24-06 67 1 that and look at that -- look at the county as a whole, all 2 the systems together. I've got everything in place right now, 3 other than pricing and the maintenance contracts, so I'd like 4 to apply that to these contracts. 5 COMMISSIONER WILLIAMS: Well, that's another point 6 to consider, that there is -- there is reason to believe we 7 need to upgrade the entire system, not just the Sheriff's. 8 And how does that fit into this mix as far as you're 9 concerned? A separate contract consolidating all the services 10 in one contract, or what do you see? 11 MR. THOMPSON: Just like the two proposals for the 12 Sheriff's Office, upgrading the system to allow the newest 13 software, using existing equipment, just going -- upgrading it 14 to the latest software. 15 COMMISSIONER WILLIAMS: Mm-hmm. 16 MR. THOMPSON: And also adding modules for stations 17 so we can add extensions, and adding trunk cards and modules 18 for telephone lines. I gave that proposal, and then another 19 one with all new equipment, so I can do the same on all of 20 these, and then we can tie them in as one contract. 21 They're -- the contracts are in various stages, as you well 22 know, within the different facilities, so maybe we can line 23 all those up in one. 24 JUDGE TINLEY: We've got Road and Bridge, we've got 25 the Extension Service, we've got the courthouse main here, and 7-24-06 68 1 they're all on separate contracts. 2 MR. THOMPSON: The juvenile facility. 3 JUDGE TINLEY: Okay, that's right. 4 COMMISSIONER WILLIAMS: How about the -- 5 MR. TROLINGER: And the courthouse does not have a 6 contract currently. 7 JUDGE TINLEY: Okay. So, as -- as these cost 8 numbers come in on the discounted costs for equipment because 9 of this large volume by -- by the new corporate owner, you're 10 telling me that we can restructure these contracts based upon 11 amortizing those costs under a lease agreement, particularly 12 bring them all together, or possibly bringing them all 13 together under one master contract? 14 MR. THOMPSON: Yes, sir. 15 COMMISSIONER WILLIAMS: I like the potential of 16 that. 17 MR. EMERSON: My only comment would be, if we're 18 going to put -- if that's going to be part of the agreement, 19 it needs to be in writing, included in the contract. 20 SHERIFF HIERHOLZER: We have to get the indemnity 21 part taken care of before I want the Judge's signature anyhow, 22 and Curtis may say that we can put that in writing as part of 23 this contract. I just need to get my equipment upgraded. 24 JUDGE TINLEY: If there are decreased costs based 25 upon the volume purchase of equipment by the lessor, and that 7-24-06 69 1 cost is reamortized and offered to volume contract users, then 2 we should get the benefit of that. 3 COMMISSIONER WILLIAMS: Or through con -- or through 4 the consolidation of existing -- other agreements. 5 JUDGE TINLEY: It's all based on volume. 6 COMMISSIONER WILLIAMS: Sure. 7 MR. STACY: Let me stick my two cents back in here. 8 I think what we're saying is that Curtis is going to get all 9 this new pricing in the next four weeks or so, and then once 10 we have it, we can apply it to this, obviously before you 11 purchase the stuff. After you purchase the stuff, then if you 12 were to buy those -- those particular things, then whatever 13 the existing price was at that time. We can't go back and 14 say, you know, we bought it for $50, and now -- now we can buy 15 it for $40, but when we bought it for you, we had to pay $50 16 for it, so we would have that. So, we can't go back. But if 17 he can get it done prior to the -- which he's committing to 18 do, before we install it, then you'll get the benefit of 19 the -- 20 JUDGE TINLEY: I appreciate that. But, for example, 21 in this case, we're going to be rolling out equipment over a 22 period of time. And, certainly, if there's a change in cost 23 for the equipment on a future rollout -- 24 MR. STACY: Correct. 25 JUDGE TINLEY: -- of equipment, we want the benefit 7-24-06 70 1 of that. 2 MR. STACY: You will always get the lowest price at 3 the time that we buy. 4 JUDGE TINLEY: But what you're saying is we should 5 know these initial numbers, at least the ones for right now, 6 under the new volume purchase within the next four weeks or 7 so? 8 MR. STACY: Right. 9 JUDGE TINLEY: Okay. 10 COMMISSIONER LETZ: Rusty, is this money budgeted 11 for -- do you have money in your budget for this year? 12 SHERIFF HIERHOLZER: For this year? Yes. 13 COMMISSIONER LETZ: And this isn't in your next 14 year's budget? 15 SHERIFF HIERHOLZER: Well, we didn't get that -- 16 it's not much change from what we're currently paying. I 17 forget what it is on the basic stuff now, but it's not -- 18 MR. THOMPSON: It was, like, $10, I think, 19 difference. 20 SHERIFF HIERHOLZER: $10 or $12 a month difference 21 is what we're looking at, so it will be covered automatically. 22 JUDGE TINLEY: I probably gave you that much float, 23 didn't I? 24 SHERIFF HIERHOLZER: No, you actually rounded it off 25 a couple of -- down a couple dollars from what I have, but 7-24-06 71 1 we'll have that. 2 COMMISSIONER LETZ: I mean, do we need a motion 3 today to -- or should we bring it back after the final form is 4 -- I mean, I think we're going to -- what I'm sensing is we're 5 going to go with a new system, but there's information that 6 needs to come back from the phone company related to price. 7 MR. THOMPSON: We'll honor the past proposals that 8 we have presented, the two different options that we presented 9 for the Sheriff's Department. So, if -- we don't want to hold 10 him up on capacity. 11 SHERIFF HIERHOLZER: Well, my only thing -- 12 COMMISSIONER WILLIAMS: You can move forward on the 13 Sheriff's -- 14 SHERIFF HIERHOLZER: I can afford this under the 15 budget now, and I do also understand what the Court's looking 16 at, though. I don't know -- you know, we've had several 17 instances where we can't make outgoing or have incoming calls 18 'cause our capacity is past the point. But I also 19 understand -- and I'll ask Curtis directly. On this list of 20 equipment that is on this proposed budget -- I mean proposed 21 contract, after -- let's see if I have mine. There is a -- 22 COMMISSIONER LETZ: Exhibit A. 23 SHERIFF HIERHOLZER: Yeah, it's Exhibit A. I've got 24 them out of order now that we've pulled out the indemnity. 25 And since it -- in this actual purchase of this equipment, 7-24-06 72 1 okay, if we purchase this now, to get into this contract and 2 get it installed as quickly as we can, are we going to be 3 paying more for this and stuck into that pricing than if we 4 wait and purchase it three weeks or four weeks from now? 5 MR. STACY: I don't think there's any situation 6 where you'd pay more for it. 7 SHERIFF HIERHOLZER: I mean right now. 8 MR. STACY: You would only pay less if we -- if we 9 get a better price on it -- 10 SHERIFF HIERHOLZER: Because even if you purchase 11 it -- 12 MR. STACY: -- before we install it. 13 SHERIFF HIERHOLZER: Yeah. If we order it, and the 14 Court approves this, you know, pending these couple of minor 15 changes, and y'all go out and purchase the equipment right 16 now, you're going to get it under the new Windstar prices, and 17 not under the -- what this would have been. So, the only 18 thing it would do is -- the purchase price is already going to 19 be going down if we get it installed now. If it goes down. 20 MR. STACY: If it goes down, we'll give you the 21 benefit of that. You have the amortization schedule and -- 22 MR. TROLINGER: The monthly cost. 23 MR. THOMPSON: It's just right at this time, I don't 24 know what that exact -- 25 SHERIFF HIERHOLZER: What the exact rate is going to 7-24-06 73 1 be. 2 MR. THOMPSON: That's being -- 3 JUDGE TINLEY: I think the contract is going to 4 change, and I feel more comfortable looking at the contract. 5 I don't know how the County Attorney feels about this, but -- 6 MR. EMERSON: I would have to agree with that, 7 because Page 8 of the contract, on y'all's standard terms, 8 states that whatever's in the written contract overrides any 9 oral agreement. 10 SHERIFF HIERHOLZER: Then we'll go to using more 11 cell phones in the office, 'cause I can understand not -- not 12 spending more money in getting into it until we know exactly 13 what the new contract would be once Windstar kicks off. So, 14 to get me a new contract ASAP that would be under the Windstar 15 name instead of the Kerrville Telephone Company name, and what 16 that would be, I would recommend we bring it back. 17 COMMISSIONER NICHOLSON: Sheriff, I'm looking at 18 Exhibit A. The term of the lease is 60 months, and there's a 19 place for beginning and ending. If it were approved today, 20 when would it begin? 21 MR. THOMPSON: The day that it's implemented. 22 COMMISSIONER NICHOLSON: And that's sometime weeks 23 from now? 24 MR. THOMPSON: When it's installed. 25 SHERIFF HIERHOLZER: But the problem is, you're 7-24-06 74 1 approving what's written in here, not then, so I would 2 recommend let's wait until either the next Commissioners Court 3 or the -- or the following one. Let's get a contract with new 4 pricing. 5 SHERIFF HIERHOLZER: So -- 6 MR. THOMPSON: What I will do, I will communicate 7 this to the Court, where we stand on it. As soon as I get the 8 information, I will get it to you. 9 COMMISSIONER NICHOLSON: Okay. 10 SHERIFF HIERHOLZER: 'Cause I am in a predicament. 11 I need it as soon as possible. I also need the best deal we 12 can get for five years. 13 COMMISSIONER WILLIAMS: The only thing -- excuse me, 14 Judge. The only thing in question is the rate structure, 15 right? 16 COMMISSIONER LETZ: And the -- some other 17 provisions. Indemnification. 18 COMMISSIONER WILLIAMS: Okay, indemnification. 19 MR. STACY: We've had the discussion about the 20 indemnification, and it's okay. Rex and I have talked. 21 SHERIFF HIERHOLZER: The indemnification is no 22 problem. It's just the rate structure, and what Rex says, it 23 says you're bound to what's in writing. 24 JUDGE TINLEY: I think at this point, whatever you 25 can do to put your people in a semi-stealth mode so that 7-24-06 75 1 they're not keeping those phone lines tied up, that's maybe 2 the program you need to go to temporarily. 3 SHERIFF HIERHOLZER: Well, I won't go for that, but 4 we just may use a lot more cell phones for a little bit, since 5 we are right at a changeover period with the phone company. 6 MR. TROLINGER: Sheriff, is the non-emergency number 7 impacted, the calls coming in, by the trunks being tied up 8 right now? 9 SHERIFF HIERHOLZER: Yes, and everything is impacted 10 in my office except 9-1-1. 9-1-1 is the only thing that's 11 not, but our emergency number, the 1133 and all the rest of 12 that, is all impacted by it. 13 MR. TROLINGER: It's at overload right now. 14 SHERIFF HIERHOLZER: It's an overloaded system, so 15 all I can do is ask Curtis and the phone company to get me 16 something ASAP, and we'll get it back on the agenda on that 17 item. 18 JUDGE TINLEY: Anything further on that particular 19 agenda item? 20 COMMISSIONER NICHOLSON: Judge, we -- we had the 21 public hearing on the NF-RB Ranch. Could we go ahead and 22 finish that up? Item 12. 23 JUDGE TINLEY: It'll take just a moment or two. 24 Let's quickly do Item 12; consider, discuss, and take 25 appropriate action for revision of plat for Tracts 9B, 9A, and 7-24-06 76 1 10A of NF-RB Ranch, Section 4, as set forth in Volume 6, Page 2 148. 3 MR. ODOM: Morning. This revision was done under 4 the alternate plat process, because these two landowners are 5 purchasing 9A, 19.6 acres, and each is adding one-half to 6 their existing lots. This revision will establish a Tract 9C, 7 with 44.12 acres, and a Tract 10C, with 34.18 acres. 8 Therefore, we recommend you accept this revision as presented. 9 COMMISSIONER NICHOLSON: Move to approve revision of 10 plat for Tracts 9B, 9A, and 10A of NF-RB Ranch. 11 COMMISSIONER LETZ: Second. 12 JUDGE TINLEY: Motion made and seconded for approval 13 of the agenda item. Any question or discussion? All in favor 14 of the motion, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: That motion does carry. 19 COMMISSIONER NICHOLSON: Thank you. 20 JUDGE TINLEY: Let's take about a 15-minute recess. 21 (Recess taken from 10:46 a.m. to 11:02 a.m.) 22 - - - - - - - - - - 23 JUDGE TINLEY: Okay, let's come back to order, if we 24 might. Item 9; consider, discuss, and approve payment of 25 engineering review fee to Kerr County and final plat approval 7-24-06 77 1 as it relates to inspections and engineering review fees. 2 Commissioner Letz. 3 COMMISSIONER LETZ: I put this on the agenda, 'cause 4 this is -- this is one of the contents of the new rules that 5 we've not really thought about until we came up with our first 6 one, which I think is on the agenda later, as to Kash 7 Morrow's -- actually, he's not -- it's Live Springs, I think, 8 is where this is going to come into play. Generally, under 9 our rules for final plat approval, you have to pay all your 10 fees, and in a situation, however, where they're putting up a 11 letter of credit for the construction of roads or drainage 12 facilities, those fees won't be able to be determined until 13 after that is done, because the -- the developer's required to 14 pay all those fees. I've talked with Leonard a little bit 15 about this. I think this is more of a policy we need to 16 establish for them. 17 He thinks the best way to handle this is to roll 18 those costs into the letter of credit so that they -- so the 19 letter of credit guarantees that they're going to pay our 20 engineer review fees, as opposed to holding up final plat 21 approval. Holding up final plat approval is really 22 unworkable, because some plats can take years to get final, I 23 mean, approval. So, I think Leonard's way of handling it by 24 putting those inspection fees and engineer review fees into 25 the -- rolling them into the letter of credit is the way to do 7-24-06 78 1 it. And -- but I think that's a little bit different than we 2 have currently -- or we've done it before. I wanted to bring 3 it before the Court and make sure everyone was in agreement on 4 that. And I'll make a motion to that effect if -- 5 COMMISSIONER BALDWIN: The letter of credit is to 6 assure that the road is going to be built. 7 COMMISSIONER LETZ: To the proper standards. Or 8 drainage facility; it can be either one or both, built to 9 proper standards. 10 COMMISSIONER BALDWIN: And it says that in the 11 letter of credit. Are you -- are you going to add verbiage to 12 the letter of credit that says "and other fees," or other -- 13 something like that? Or -- 14 COMMISSIONER LETZ: I think that's the way, Leonard, 15 you planned to do it? 16 MR. ODOM: Right. 17 COMMISSIONER LETZ: So -- 18 MR. EMERSON: My only question would be, what do you 19 do on the subdivisions that don't have any roads? 20 COMMISSIONER LETZ: Well -- 21 MR. EMERSON: Where the engineer is only reviewing 22 the drainage requirements and so forth? 23 COMMISSIONER LETZ: If they're not -- if there's a 24 subdivision -- and, you know, I've thought through this, and I 25 think Leonard has. In any subdivision where it's relatively 7-24-06 79 1 -- the road is going to be built ahead of time -- most of the 2 real small ones, they're all built ahead of time. Or if the 3 developer wants to get a final plat approval, he's got to have 4 everything done first and all fees have to be paid, and our 5 rules allow for that. If they're constructing anything -- 6 only time you have a letter of credit is if they're 7 constructing something after final plat approval, and that's 8 to insure -- that way, whatever that is, it's constructed. 9 So, if you add those fees to basically assure that the 10 construction is done properly into the letter of credit, I 11 can't conceive of a situation where it wouldn't -- you know, 12 you wouldn't be covered. Because if there's something 13 drainage-wise that has to be built or constructed, they have 14 to do a letter of credit to make sure that that's done, unless 15 it's done prior to final plat approval. So, anyway -- so, I 16 will make a motion to instruct Road and Bridge Department to 17 include inspection fees and engineering review fees into 18 the -- and roll those costs into the letter of credit or 19 include them into the letter of credit when this work is to be 20 done after the final plat has been approved. 21 COMMISSIONER NICHOLSON: Second. 22 JUDGE TINLEY: I have a motion and a second. Do we 23 have any discussion? 24 COMMISSIONER LETZ: I see the Auditor has a 25 question. 7-24-06 80 1 MR. TOMLINSON: I don't know if you can add this to 2 this agenda item or not, but when -- when the fees are paid to 3 -- for the engineering services, we'd like -- we'd like to be 4 able to do a hand check to the engineer without bringing it to 5 the Court. Is that -- is that an issue? 6 COMMISSIONER LETZ: It's not an issue to me. I 7 mean, I think it's -- 8 MR. TOMLINSON: Because, I mean, we're just a 9 conduit, really, for -- for the payment to the engineer, 10 because the developer's not paying the engineer directly. 11 They're -- the fee is coming through the County and directly 12 to the -- to the engineer. I don't see a point in having -- 13 having -- or for him having to wait to get his fee when we 14 already have the money. 15 JUDGE TINLEY: I'm not sure, legally, we -- we can 16 do that without getting it included in some sort of a court 17 approval. Because the money comes into our hands, and it's 18 got to be received forward, then it's got to be disbursed back 19 out. Unless there's something I'm missing, the Subdivision 20 Rules require that, you know, we're going to have to vote to 21 pay the engineer. It's our obligation under the rules. But 22 there's a reimbursement that we receive from the -- from the 23 developer, but it's our obligation under the rules to pay the 24 engineer. We're contracting with the engineer. So, that's my 25 thinking on it, for whatever it's worth. 7-24-06 81 1 MR. TOMLINSON: I didn't -- 2 JUDGE TINLEY: Going to have to have Court approval 3 in some way, shape, form, or fashion. 4 MR. TOMLINSON: I didn't understand it that way. I 5 thought that we were just an agent -- in an agent capacity to 6 be -- to reimburse the engineer. That the -- 7 COMMISSIONER LETZ: Well, no, 'cause the engineer 8 works for us as a -- as a contractor under the County. So -- 9 but if it -- I mean, if there's a -- I'm all for paying people 10 as quickly as possible, as soon as we get the money in. 11 And -- and, Leonard? 12 MR. ODOM: Yes, sir. I was thinking that in our 13 discussions, we were saying that we would pay him out of our 14 line item. We could pay him out of our line item. That way, 15 that's -- that's what it's for. Deposit the money with Tommy, 16 and then why couldn't it go back, like pipe -- like our pipe 17 fee when we put it in for people, that we could be reimbursed 18 to that line item? 19 MR. TOMLINSON: We're going to do that. I just 20 didn't -- I didn't understand the contract. 21 MR. ODOM: That way, I keep -- I don't get in a 22 deficit anywhere. I just get reimbursed back with that money 23 I spent out of that line item. 24 COMMISSIONER WILLIAMS: Why do we have to wait until 25 -- or include it in a letter of credit? Why can't a developer 7-24-06 82 1 be billed upon receipt of the bill that we're going to pay 2 immediately? Why can't he be immediately billed? 3 MR. ODOM: If it was a final, he would be going to 4 the County clerk and he'd pay all the fees. But in this 5 instance, if there is a -- under Kash Morrow, if he wants to 6 have a final, he puts up that letter of credit, and the -- 7 what we've done here is just wrap it all into one thing, to 8 say the infrastructure as well as any engineering fees will be 9 covered by this letter of credit. That way, we can make sure 10 that the funds -- that it gets done, that the engineering gets 11 paid. 12 COMMISSIONER LETZ: The intent is -- from my 13 standpoint, and I think County's standpoint, is that we don't 14 want to get in a situation where we have a contractor that's 15 done the work, and the developer -- he has no incentive at 16 that point. I mean, he's got final plat approval. He has a 17 letter of credit to build the road. Who's to say he's going 18 to? He might just walk on without paying the engineering fee, 19 and all we would have is a -- I guess a civil action, 20 possibly, against him. I'm trying to eliminate us having that 21 fight. We just roll it into the letter of credit, so our 22 money's there. Our money is pretty much taken -- is set aside 23 up front. And if he doesn't pay the -- 24 MR. ODOM: Engineering fees. 25 COMMISSIONER LETZ: -- the engineer for the work -- 7-24-06 83 1 or our engineer for the work done, or doesn't pay us for that 2 work, we just go to the bank. 3 MR. ODOM: It's a safety mechanism, is what it is, 4 to make sure that we get the final, and part of that is those 5 engineering fees being paid. But in the cases where there's 6 just a normal -- this is a little bit different. If it was 7 normal, it would go to the County clerk, and he will present 8 that bill from the engineer, and all those -- she'll sign -- 9 she won't sign off until those fees are paid. 10 COMMISSIONER LETZ: That is the next part of this 11 agenda item. First part is including it in the letter of 12 credit. 13 JUDGE TINLEY: Any other discussion on the motion? 14 All in favor of the motion, signify by raising your right 15 hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: Motion does carry. You have some 20 additional items? 21 COMMISSIONER LETZ: Additional item on this is -- is 22 how to handle who gets the payment, whether it goes -- all of 23 the standard fees go in to the County Clerk, and the County 24 Clerk checks it off that they're paid. This is a fee that 25 really is coordinated through Road and Bridge Department. 7-24-06 84 1 Unlike the normal inspection fees that are set up, these 2 invoices have to come in from -- just to monitor them, to me, 3 it makes more sense for the Road and Bridge Department to 4 handle the bills and getting the checks -- through the 5 Auditor's office, for the Auditor to get the checks paid, 6 rather than use the County Clerk, 'cause the County Clerk's 7 really out of this loop, and it makes more sense to me to work 8 it through Road and Bridge, working with the Auditor's 9 department on receiving and disbursing those funds. And I 10 don't know that a motion is needed on that one. I just think 11 it's a matter of, you know -- 12 JUDGE TINLEY: Administrative procedure. 13 COMMISSIONER LETZ: -- administrative procedure as 14 to how it should be done. I think that makes sense. 15 MS. PIEPER: It does. 16 COMMISSIONER LETZ: All right, that's all. Thank 17 you. 18 JUDGE TINLEY: Okay. Is that it there? Let's move 19 to Item 13; consider, discuss, and take appropriate action to 20 consider concept plan and set a public hearing for the 21 revision of Lots 79, 80, 81, 82, and 83 of The Woods Section 22 Two, as set forth in Volume 4, Page 176, Plat Records, and 23 located in Precinct 2. 24 MR. ODOM: Mr. and Mrs. Kilgore are here, and will 25 probably answer any questions, and I believe that they have a 7-24-06 85 1 question of the Court also. There's a change in what I've 2 presented, it seems like, but the current owner of all lots 3 wishes to revise five lots into three lots. The lots now 4 range in size from .84 to 1.46 acres. The new lots would be 5 approximately .84, 1.8, and 2.65. Instead of five possible 6 homes with septic, there would be no more than three. 7 (Commissioner Baldwin left the courtroom.) 8 MR. ODOM: There's an existing county-maintained 9 road that goes up to the house that varies from the plat, but 10 no cul-de-sac. The plat revision will move the lot line 11 40 feet from the existing house instead of the current 12 12 foot, and preserve the trees and the landscape. And that's 13 one reason -- they have a house there, and I believe that 14 they're trying -- under consideration of selling that to a 15 prospective buyer. We recommend the Court approve this 16 concept. The exact size of Lot 79 cannot be determined until 17 the survey -- surveyor returns on July 26, but the landowners 18 have assured us that they will make no lot smaller than the 19 smallest existing lot. Now, I believe Mr. Kilgore may address 20 that. They were asking that the prospective buyer wishes to 21 change something there; would make one lot a little bit 22 smaller than .84, and I'll let him address that. We recommend 23 the Court approve this concept to be done under the alternate 24 plat process, and set a public hearing for 10:15 a.m. August 25 the 28th, 2006, with the stipulation the owners build the 7-24-06 86 1 cul-de-sac to county specifications. Mr. Kilgore, would you 2 like to address the Court -- or Mrs. Kilgore -- on this lot? 3 MR. KILGORE: Yeah. The only question -- what we're 4 trying to accomplish here is -- is really not to subdivide, 5 which would be -- 6 JUDGE TINLEY: Excuse me, we need to get your name 7 and address in the record, if you don't mind. 8 MR. KILGORE: My name is Wynn Kilgore, 115 Woodland 9 Road, Kerr -- Kerrville, Texas, Kerr County. 10 JUDGE TINLEY: Thank you. 11 MR. KILGORE: The -- the approach here is, rather 12 than subdivide, we're trying to do the inverse of that. We're 13 creating fewer lots out of what were five lots. We're 14 creating three lots. The nature of the current improvements 15 makes Lot -- I believe it would be 79, a little bit of a -- 16 somewhat of an odd configuration. That's fine. Our question 17 is, would -- and we -- we are approaching the new plat as to 18 say that, yes, the smallest lot that we're going to create is 19 not smaller than what already exists within this -- within 20 this little cul-de-sac area. The question that we have is, 21 what -- what is it about the lot -- the .84 acres? Is that an 22 arbitrary number? Is it based on the fact that that's what 23 exists now, or is there some rationale for some minimum lot 24 size out there in The Woods that -- that we may not be aware 25 of at this time? So that we'd have some ability to negotiate 7-24-06 87 1 with the new owners of these various lots as to where those 2 lines would be. 3 COMMISSIONER WILLIAMS: I was going to ask you the 4 same question. Is it a typical lot size out there, .84? 5 Larger or smaller? 6 MR. KILGORE: They're all over the map. And I think 7 there may be one or two that are less than .84, but -- but 8 again, I'm not -- I have not reviewed every lot out there, and 9 in Woods 1, 2 and 3, so I really don't know. 10 COMMISSIONER LETZ: I can probably answer your 11 question. The rationale in our current rules is, 1 acre is 12 the minimum, so that the -- you know, in our -- obviously, 13 there are lots out there that are smaller than 1 acre now, and 14 our -- I guess historically, the Court has not gone lower than 15 the minimum out there. It's just -- it's not a particular 16 rule; just trying to -- you know, that's the -- that's the 17 direction we've taken. More importantly, I think the lot 18 sizes are driven by the ability to put a septic tank on that 19 facility along with a residence. 20 MR. KILGORE: I understand. 21 COMMISSIONER LETZ: With a community water system 22 out there, so that's more critical, I think. And the -- you 23 know, whether it's a slightly different -- I don't think -- I 24 mean, personally, I don't have any real strong desire one way 25 or the other, but make sure that you can locate a residence 7-24-06 88 1 and a drainfield and meet those requirements. And the more 2 odd the shape of the lot gets, the harder that gets, when you 3 have that long thing coming in the middle. 4 MR. KILGORE: Long way out there. 5 COMMISSIONER LETZ: So, that's really -- the 6 requirement's going to be more getting Environmental Health to 7 sign off on the configuration. 8 MR. KILGORE: Sure, understood. 9 COMMISSIONER WILLIAMS: Have you checked with 10 Environmental Health with respect to their requirements? 11 MR. KILGORE: No. We're on our way downstairs to do 12 that very thing as soon as we leave here. 13 COMMISSIONER LETZ: The concept plan I was looking 14 at -- concept plan-wise, I have no problem. This is the 15 direction we like to go in the county, is five lots -- 16 MR. KILGORE: Fewer septic systems. 17 COMMISSIONER LETZ: -- five lots to three, which is 18 a good thing. 19 MR. KILGORE: Yeah. 20 COMMISSIONER LETZ: And lot size in this instance is 21 driven by the O.S.S.F. department. So -- 22 MR. ODOM: So, in other words, if O.S.S.F. would 23 have no problems, they could reduce that size at that .84? 24 COMMISSIONER LETZ: I would think so. I mean, I 25 don't think we want to go down to a quarter acre, but I don't 7-24-06 89 1 think you can put a quarter acre lot out there. But I think 2 that's -- 3 MR. KILGORE: That's key. 4 COMMISSIONER LETZ: That's the key, and the reason 5 for our rule of 1 acre. 6 COMMISSIONER WILLIAMS: I believe you had another 7 question or two, Karen? 8 MS. KILGORE: No, sir. I'll take those to the 9 Environmental Health. I'm Karen Kilgore, 115 Woodland Road. 10 COMMISSIONER WILLIAMS: You have a question about 11 the cul-de-sac? 12 MS. KILGORE: Well, the paving of the cul-de-sac 13 apparently is a -- a requirement, even if there's just one 14 additional home built out there. The person with whom we're 15 in conversation right now about buying what we call the "home 16 place," the -- our home, is very interested in those creekside 17 lots too. So, if that person buys everything except Lot 79, 18 and we were to build a smaller home on Lot 79, would you still 19 require the paving of the cul-de-sac for one short driveway 20 back up by Lot 78? 21 COMMISSIONER LETZ: I think the reason -- I'd say 22 the answer would be yes, and the reason is, the cul-de-sac is 23 for emergency services, primarily is the reason to have the 24 cul-de-sac, 'cause people -- so a fire truck, for example, 25 doesn't get down there and can't turn around. 7-24-06 90 1 MR. KILGORE: Got you. 2 COMMISSIONER LETZ: So, it's -- 3 MS. KILGORE: We accept that. We're very pleased 4 you're dealing with this for us. 5 MR. ODOM: So, you have direction with the surveyor, 6 what you need to do, and then O.S.S.F. 7 MR. KILGORE: That's correct. 8 MR. ODOM: Then you'll get back with us; we'll come 9 back to the Court. 10 COMMISSIONER NICHOLSON: Even with the O.S.S.F. 11 question, can we go ahead and set a public hearing? 12 MR. ODOM: Set a public hearing one way or another. 13 We'll have a design. 14 COMMISSIONER WILLIAMS: I would move that we set a 15 public hearing -- recommend approval of the concept under the 16 alternate plat process, and set a public hearing for 10 a.m. 17 on August 28th. And in the meantime, the Kilgores will 18 address the septic issues with Environmental Health 19 Department. 20 COMMISSIONER NICHOLSON: Second. 21 MS. KILGORE: Thank you very much. 22 MR. KILGORE: Thank you. 23 COMMISSIONER LETZ: The date's got to change; it's 24 not a long enough period. 25 COMMISSIONER WILLIAMS: Pardon? 7-24-06 91 1 COMMISSIONER LETZ: We need 30 days. 2 COMMISSIONER NICHOLSON: 28th? 3 COMMISSIONER WILLIAMS: 28th of August. 4 COMMISSIONER LETZ: Oh, that's right. I was 5 thinking -- 6 MR. ODOM: August 28th. 7 COMMISSIONER LETZ: You're right. I thought I was 8 already in August. I thought I was -- 9 COMMISSIONER WILLIAMS: A month and four days. 10 COMMISSIONER LETZ: I thought I was two weeks ahead 11 of y'all. 12 MR. ODOM: May I bring up to the Court -- I'm not -- 13 we had 10:15 originally. I'm not for sure -- you said 14 10 o'clock. It makes no difference to us, but normally we -- 15 COMMISSIONER WILLIAMS: Try for 10:00 and see what 16 happens. 17 MR. ODOM: All right, sir. 18 JUDGE TINLEY: I have a motion and second to approve 19 the concept plan, set a public hearing on the revision of Lots 20 79, 80, 81, 82, and 83 of The Woods Section Two for August the 21 28th of this year at 10 a.m. Any question or discussion on 22 the motion? All in favor, indicate by raising your right 23 hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 7-24-06 92 1 (No response.) 2 JUDGE TINLEY: The motion does carry. 3 MR. ODOM: A lady gave me that back there. 4 MS. KILGORE: Thank you. 5 MR. ODOM: Yes, ma'am. 6 JUDGE TINLEY: Let's go to Item 14; consider, 7 discuss, and take appropriate action to consider final plat 8 for Vistas Escondidas de Cypress Springs Estates and 9 possibility of reducing letter of credit located in 10 Precinct 4. 11 MR. ODOM: Yes, sir. The preliminary plat of this 12 subdivision was approved under the name of Cypress Springs 13 Section 2. At the last meeting, you approved the name change 14 for Vistas Escondidas de Cypress Springs Estates. Mr. Wells' 15 letter and bill is enclosed in your packet. He reviewed the 16 drainage study and plat and found everything to be acceptable. 17 The new rules require the letter of credit to be for two 18 years. The letter of credit covers the roads and any further 19 expenses for engineering. The owner has asked for a reducing 20 letter of credit. In the past, the letter of credit was for 21 one year, and at the end of that one year, if the project was 22 not complete, we required a reduced letter of credit to cover 23 the remainder of the project, so we don't see a problem with 24 that. 25 Since we now have a two-year requirement for the 7-24-06 93 1 letter of credit, I suggest that we might do a reducing letter 2 of credit, with the Court appointing someone, either me or 3 Mr. Wells, to make the decision as to when it should be 4 reduced depending on an inspection of the construction and the 5 amount it would take to finish the roads. With a letter from 6 the appointee, we would exchange the old letter of credit for 7 a new one at a lower amount. At the time this memo was 8 written, we still needed the letters from T.C.E.Q. and the 9 letter of credit. With those -- with those, I'd recommend 10 that you accept the plat as presented. Since that time, 11 before court this week, we did receive a faxed copy from 12 T.C.E.Q. and from the contractors drilling the water, so 13 that's acceptable. The only -- and we do have a copy of his 14 letter of credit. But the actual letter of credit was 15 supposed to have been overnighted to us, and at this point we 16 just called; that it's not -- not here. So, I would assume -- 17 would recommend that we give a final, with the contingency 18 that I receive the actual letter of credit from the bank. 19 COMMISSIONER NICHOLSON: This request that we do -- 20 we do reduce the letter of credit, appointing you or Mr. Wells 21 to make the decision, is this a new process within -- is this 22 going to -- is this a one-off deal for this situation only, or 23 are we changing the process? 24 MR. ODOM: No, I would say it's for this process 25 right here. Normally, we would go through and they would have 7-24-06 94 1 two years under -- under this. They're going to give me a 2 performance bond. 3 COMMISSIONER NICHOLSON: Okay. 4 MR. ODOM: And then they would build it. And then, 5 if it doesn't get built, then we would execute on the 6 performance bond. But in this case, he's wanting a final to 7 complete it all before it's done, so we want to make sure that 8 we have the letter of credit so that I can build a road if 9 it's not completed. 10 COMMISSIONER NICHOLSON: I got my expert witness on 11 these matters right here, Mr. Letz. Are you okay with this, 12 Mr. Letz? 13 COMMISSIONER LETZ: I'm not sure. I mean, I don't 14 know -- reducing letter of credit seems like an odd term. I 15 mean, why couldn't you just go with a letter of credit? If 16 the roads get -- if he wants to build the roads, once the 17 roads are built and the letter of credit's not needed any 18 longer, that part of it -- that part of it can be released and 19 get a new letter of credit for whatever. I mean, it seems 20 that that can be done without doing any kind of extension or 21 something new here. 22 MR. ODOM: If subgrade was through, then that 23 portion is out of it. The base is there -- that's true. I'm 24 telling you what the contract -- what the developer -- I mean, 25 Kash, if you want to address that? To me, you're going to go 7-24-06 95 1 from one year, and you're going to either have the road 2 completed or not. You're going to have to come back, 'cause 3 we did it under the old rules, and that was for one year. So, 4 all he was asking -- the question to us was, can they have a 5 reducing letter of credit? 6 COMMISSIONER LETZ: By "reducing," you mean one that 7 reduces automatically? 8 MR. ODOM: Automatically, if he wishes. 9 COMMISSIONER LETZ: I mean, I don't see what 10 precludes us from doing -- once the road gets built, doing a 11 new letter of credit for the part that's not completed. 12 MR. ODOM: Not completed at the end of one year. If 13 it's not completed, it would be a new one. But, Kash, if you 14 want to -- 15 MR. MORROW: Kash Morrow, 1140 Warbler. I'm fine 16 with that. The main thing is, my lender was urging me to do 17 that, 'cause what he was saying was I've got 250,000 in this 18 particular case tied up until everything's complete. Versus 19 we could get halfway through the project and I would drop 20 100,000 off, something like that. 21 COMMISSIONER LETZ: I think our current rules 22 allow -- don't prohibit that. They're silent on that issue, 23 so I wouldn't know why you can't do a new letter of credit at 24 some time during the process for what's left to be done. 25 MR. MORROW: That's kind of how I understood it, 7-24-06 96 1 too. But what will this do -- if you don't approve a reducing 2 letter of credit, what is this going to do for my -- for what 3 I'm asking y'all for today? 4 COMMISSIONER LETZ: I think we can -- I mean, I 5 think the recommendation that I heard from Len Odom was that 6 we approve this contingent upon receiving the original letter 7 of credit. 8 MR. MORROW: But you don't want the reducing letter 9 of credit; you want a regular letter of credit, which will 10 hold me off -- what? 11 COMMISSIONER LETZ: Till you get a letter of credit. 12 MR. MORROW: Okay. All right, thanks. 13 (Commissioner Baldwin returned to the courtroom.) 14 MR. ODOM: Does that answer your question, Kash? 15 MR. MORROW: I think so. 16 MR. ODOM: Okay. 17 COMMISSIONER NICHOLSON: What do you want, Mr. Odom? 18 You want a motion to approve the final plat for Vistas 19 Escondidas de Cypress Springs Estates? 20 MR. ODOM: On stipulation -- yes, sir -- that I get 21 the letter of credit. 22 COMMISSIONER NICHOLSON: Stipulation -- 23 MR. ODOM: Not a reducing letter of credit, but a 24 letter of credit. 25 COMMISSIONER NICHOLSON: That's the motion I make. 7-24-06 97 1 MR. ODOM: For $250,000. 2 COMMISSIONER LETZ: Second. 3 JUDGE TINLEY: Motion made and seconded for approval 4 of the final plat of Vistas Escondidas de Cypress Springs 5 Estates upon presentation of the original letter of credit for 6 $250,000. 7 MR. ODOM: That is correct, plus the engineering 8 fees. 9 JUDGE TINLEY: Okay, plus the engineering fees. All 10 right. Any question or discussion on that motion? 11 COMMISSIONER BALDWIN: Judge, I'm going to vote for 12 it, even though I wasn't in the room during the explanation, 13 but Mr. Odom explained it to me earlier, so I'm well aware of 14 what this is about. 15 JUDGE TINLEY: Okay. Any other question, comment, 16 or discussion? All in favor of the motion, signify by raising 17 your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: The motion does carry. 22 MR. ODOM: Sir? 23 COMMISSIONER LETZ: Brief comment. 24 MR. MORROW: Yes, sir. 25 COMMISSIONER LETZ: Mr. Morrow, I hope you don't 7-24-06 98 1 follow your predecessor's habit of revising final plats on an 2 ongoing basis. (Laughter.) 3 MR. MORROW: I won't. Thank y'all very much. 4 COMMISSIONER NICHOLSON: He doesn't want to do that 5 either. 6 MR. ODOM: And may I -- before I sit down, there was 7 a lady back there -- did you receive that? 8 JUDGE TINLEY: I did. 9 MR. ODOM: And I wanted to pass that on to you. 10 JUDGE TINLEY: I appreciate that. I'd point out to 11 any member of the audience, the public input section is at the 12 beginning of the agenda that's posted, the Visitors' Input 13 section, and there's no provision for any additional visitors' 14 input. It was called for at the beginning of the meeting. If 15 it relates to any particular agenda item, if the individual 16 who desires to be heard will get my attention when that item 17 is called, I'll be happy to permit input at that time. Let's 18 go to Item 16. Approve the construction of a sidewalk at the 19 Animal Control Facility. 20 COMMISSIONER NICHOLSON: We've got some good news 21 and some bad news about sidewalks. The good news is that 22 we've received a $5,000 donation toward the cost of a sidewalk 23 to nowhere, and the bad news is it costs more than $5,000. 24 We've got two proposals, one from Cypress Creek Construction 25 for $7,068, and one from Thomas Mall Concrete for $7,600. So, 7-24-06 99 1 I make a motion that we contract with Cypress Creek 2 Construction for the construction of the sidewalk at the 3 Animal Control Facility. 4 COMMISSIONER LETZ: Second. 5 JUDGE TINLEY: Motion made and seconded. Any 6 question or discussion? The -- the proposal which was 7 submitted by Cypress, does that include the specs? 8 COMMISSIONER NICHOLSON: It -- the specs are 9 identical. 304 feet -- you need to know about that. We're 10 building a sidewalk that meets commercial standards, 11 nonresidential. It's 304 feet long. It's 5 feet wide, 12 5 inches deep, and one-half inch rebar on 12-inch centers. 13 It's a whole lot better piece of concrete than my driveway. 14 COMMISSIONER WILLIAMS: That is overkill if I've 15 ever heard it. 16 COMMISSIONER LETZ: Are there funds in the budget to 17 pick up the $2,068 in excess of the donated funds? 18 COMMISSIONER NICHOLSON: I don't think we can 19 squeeze it out of the -- the Animal Control budget. We'll 20 have to find it somewhere else. There is a possibility that 21 between now and the time we have to pay the bill, we'll get 22 more donations. 23 COMMISSIONER LETZ: So, bring it back at that point? 24 COMMISSIONER NICHOLSON: Yeah. 25 COMMISSIONER LETZ: If we need to go into Rusty's 7-24-06 100 1 budget -- 2 SHERIFF HIERHOLZER: No. 3 COMMISSIONER NICHOLSON: Yes. 4 SHERIFF HIERHOLZER: Not for a sidewalk. Not yet. 5 COMMISSIONER WILLIAMS: If we do that, he's going to 6 want to extend the sidewalk over at the Law Enforcement 7 Center. 8 SHERIFF HIERHOLZER: That's right. 9 JUDGE TINLEY: Any other question or comment? All 10 in favor of the motion, signify by raising your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: The motion carries. Let's go to Item 15 17, if we might. Select and appoint a member to the Library 16 Board to replace Reverend Al Schultz, who resigned that 17 position. 18 COMMISSIONER NICHOLSON: I want to introduce to the 19 Commissioners Court Reverend Bruce Baker of 625 Scenic Valley 20 Road in Kerr County. That's outside Kerrville city limits. 21 Bruce Baker is a retired United Methodist pastor. He's a 22 graduate of Perkins School up at S.M.U., and he pastored for 23 quite a while in the central Texas area around Waco right 24 there, Jerusalem on the Brazos. And we're -- we're 25 essentially proposing to exchange a member of the board that 7-24-06 101 1 was a Baptist pastor for one that's a retired Methodist 2 pastor. Reverend Baker's got a lot of experience in community 3 service, right? And a long experience, and I think he's going 4 to be a good addition to the board. Would you say hello to 5 us, Reverend Baker? No sermons. 6 MR. BAKER: I'll do my best. 7 COMMISSIONER NICHOLSON: So, I move that we -- that 8 we select Reverend Bruce Baker as one of the County's members 9 on the Library Board. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE TINLEY: Motion made and seconded for 12 selection of Reverend Bruce Baker as a County-designated 13 member of the Library Board. Any question or discussion? All 14 in favor of the motion, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: The motion does carry. 19 COMMISSIONER NICHOLSON: Thank you for your service, 20 Mr. Baker. 21 JUDGE TINLEY: Thank you, sir. Let's move to Item 22 18; consider, discuss, and take appropriate action on 23 Landscape Construction and Maintenance Agreement between the 24 State of Texas, acting by and through the Texas Department of 25 Transportation, and the County of Kerr. Commissioner Baldwin? 7-24-06 102 1 COMMISSIONER BALDWIN: Thank you, sir. We're 2 finally getting down to this thing. As you know, at the 3 entrance of Saddlewood Estates, there are the -- the beautiful 4 entrance of the flower beds and trees and pretty things there, 5 and they would like to keep that, and it's in the state 6 right-of-way. The State says -- the way I understand it, the 7 State says that they do not have authority to make an 8 agreement with a homeowners association; that the local 9 government has to do that. So, what we're doing on this 10 agenda item is making our agreement -- the agreement with the 11 TexDOT and Kerr County, and then the next agenda item will be 12 the agreement between Kerr County and the homeowners 13 association. We are virtually out nothing; the homeowners 14 association takes care of everything. The State provides the 15 signage -- I take it back. I think that we do -- for the 16 litter program part of it, we do provide vests and trash bags, 17 like we do all over the county. And -- but that is our only 18 investment in any way. We're talk -- we're talking about -- 19 this has come up a couple of times through the years, and we 20 need a model. I think that this particular agreement between 21 TexDOT and the County is a perfect model. The County Attorney 22 has looked it over and agrees that it's a good document, and 23 -- what, Letz? 24 COMMISSIONER LETZ: So negative. 25 COMMISSIONER BALDWIN: I wasn't negative. 7-24-06 103 1 COMMISSIONER LETZ: I think I answered my question 2 as I read more of this. This is specifically for the entrance 3 at Saddlewood, and we have to do a different agreement for 4 everyone that's in a state right-of-way? 5 COMMISSIONER BALDWIN: This particular issue that 6 we're dealing with right now, the contract or agreement 7 between the County and TexDOT, we can take this agreement and 8 file it away and use it any time we go with one of these kinds 9 of issues. 10 COMMISSIONER LETZ: But the -- 11 COMMISSIONER BALDWIN: The next one, you know, we'll 12 have to change some words around to make it fit. 13 COMMISSIONER LETZ: But this -- this one refers to a 14 specific location. The reason I'm saying -- 15 COMMISSIONER BALDWIN: Yeah. You have to change 16 those kinds of things, of course. 17 COMMISSIONER LETZ: So, are we approving the form of 18 this one, or are we approving this -- I mean -- 19 COMMISSIONER BALDWIN: We're approving the 20 agreement. 21 COMMISSIONER LETZ: Okay. So, each time we do one, 22 it will have to come back before us? 23 COMMISSIONER BALDWIN: Yes. Yes. 24 COMMISSIONER LETZ: We'll use the same form. 25 COMMISSIONER BALDWIN: Yes, and use the same form. 7-24-06 104 1 That's what I was trying to say. 2 JUDGE TINLEY: Essentially, this program is because 3 TexDOT cannot contract with a private entity or homeowners 4 association. TexDOT contracts -- they put in the landscaping; 5 TexDOT contracts with the county to maintain the landscaping. 6 County then turns around and contracts with the homeowners 7 association to fulfill our obligations under the contract with 8 the State. 9 COMMISSIONER BALDWIN: That's correct. 10 JUDGE TINLEY: Pass-through. 11 COMMISSIONER LETZ: Seems like a lot of work. 12 COMMISSIONER BALDWIN: It is. It's goofy, but -- 13 state agency. 14 COMMISSIONER LETZ: Okay. 15 COMMISSIONER BALDWIN: So, I move for approval of -- 16 of Item 18. 17 COMMISSIONER WILLIAMS: Second. 18 JUDGE TINLEY: Motion made and seconded for approval 19 of the agenda item. Any question or discussion? All in favor 20 of the motion, 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: The motion does carry. Needless to 25 say, that brings us to Item 19; discuss and approve 7-24-06 105 1 Adopt-a-Highway for landscaping program for Saddlewood 2 Estates. 3 COMMISSIONER BALDWIN: This is the one now -- it's 4 an agreement between the County and the homeowners 5 association, and it is very basic. It says that -- that the 6 County Road Administrator approves the plans -- I do not have 7 the plans in our book here, but I do have them in my office -- 8 a set of plans for the construction and maintenance of their 9 pretty flower beds. The County Road Administrator will 10 approve of those or disapprove of them. And as we go along, 11 there's something that -- that this contract -- if the issues 12 in this contract are not being met, he has authority to shut 13 it down, change it, et cetera and so forth. The homeowners 14 association does all the maintenance, so it's just -- again, 15 like the Judge said, it's just a pass-through deal, and it's a 16 formal way of doing it. 17 COMMISSIONER WILLIAMS: This is between us and the 18 homeowners association? 19 COMMISSIONER BALDWIN: That is correct, yes, sir. 20 COMMISSIONER LETZ: On Page 4, it says, Paragraph 2, 21 "Saddlewood Estates Owners Association may not subcontract or 22 assign its project responsibilities to any other group..." I 23 just have a hard time figuring out why that's even in there. 24 Is -- 25 MR. EMERSON: Would you like me to answer that for 7-24-06 106 1 you? The reason that's in there is because a lot of 2 organizations will go to the local Boy Scout troop or Cub 3 Scout troop or whatever and say, "We'll give you $100 a 4 quarter if you go out and take care of this for us." And 5 it -- it limits their ability to do that without our approval. 6 COMMISSIONER LETZ: Right. But, I mean, can they 7 hire -- I mean, they can't -- I just have a hard time 8 envisioning the residents of Saddlewood going out there and 9 doing this work themselves. It seems like they would want to 10 contract it out with a company to do it for them. 11 JUDGE TINLEY: They can hire it done, sure. They 12 can employ a landscape service. 13 MR. EMERSON: The information that was communicated 14 to us at that time of the joint meeting was that their 15 internal maintenance people were going to take care of it. 16 COMMISSIONER LETZ: I knew they weren't going out 17 there themselves. 18 COMMISSIONER BALDWIN: I'm not going to comment on 19 that, but I felt like they were. 20 COMMISSIONER LETZ: Doesn't make any difference, 21 but -- but just -- it's a matter -- so they have to let us 22 know if they're going to subcontract it out. 23 COMMISSIONER BALDWIN: Yeah, let Leonard know. 24 Leonard's in charge. 25 JUDGE TINLEY: Did you offer a motion, Commissioner? 7-24-06 107 1 COMMISSIONER BALDWIN: Sir? 2 JUDGE TINLEY: Did you offer a motion? 3 COMMISSIONER BALDWIN: As soon as Mr. Letz gets 4 through, be happy to. Yes, sir, I move that we approve Item 5 19. 6 COMMISSIONER LETZ: Second. 7 JUDGE TINLEY: I have a motion and second for 8 approval of the agenda item. Any question or discussion? 9 COMMISSIONER LETZ: Rex has looked at this and 10 agrees with all that stuff? 11 COMMISSIONER BALDWIN: Yes, sir. 12 MR. EMERSON: I might also point out to y'all that 13 they are specifically stated to be independent contractors to 14 reduce our liability. 15 JUDGE TINLEY: Any other questions or comments? All 16 in favor of the 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: Motion does carry. 21 COMMISSIONER BALDWIN: I thank you, gentlemen. This 22 has been on my desk for about -- what, six months? 23 COMMISSIONER WILLIAMS: Finally got rid of it. 24 COMMISSIONER BALDWIN: Finally kicking it out here 25 in -- well, anyway, glad to get it done. 7-24-06 108 1 JUDGE TINLEY: Let's go to Item 20; consider, 2 discuss, and take appropriate action to solicit applications 3 for Kerr County Human Resources Director, Human Resource 4 administrative assistant or clerk, and authorize the 5 expenditure of funds to advertise for the same. I put this on 6 the agenda as a result of some discussions we had last meeting 7 that we needed to get moving on this particular matter. 8 COMMISSIONER NICHOLSON: I'm going to make a motion 9 that we authorize the expenditure of $500 for advertising for 10 candidates for the Human Resources Director position, and that 11 we seek applications from current employees for the Human 12 Resources Administrative Assistant position, and that we 13 endeavor to fill both positions by no later than 14 September 15th. 15 COMMISSIONER WILLIAMS: Question. I'm not in 16 disagreement; I'm just wondering whether or not, on the second 17 position, after posting within our internal system, if that 18 doesn't yield candidates that meet the criteria we're looking 19 at, if we should not also include that for advertising as 20 well. 21 COMMISSIONER NICHOLSON: I think you're right. And 22 you and I talked about the advertising budget. We might spend 23 a little money on internet advertising; that might be $50 to 24 $200. But we run an ad in the local daily and one in San 25 Antonio newspaper. All this is for the H.R. Director. I 7-24-06 109 1 think there'll probably be enough money to cover an ad in the 2 local paper for the -- for the administrative assistant 3 position. 4 COMMISSIONER WILLIAMS: Either/or? 5 COMMISSIONER NICHOLSON: If needed. 6 COMMISSIONER WILLIAMS: Second the motion. 7 COMMISSIONER BALDWIN: Question. May I ask my 8 question now? 9 JUDGE TINLEY: Yes, certainly. 10 COMMISSIONER BALDWIN: It sounded like to me -- and 11 I'm sure you didn't say this, but it sounded like to me that 12 there is no -- either there is no present employees that are 13 capable of being the number-one person, or that we're not 14 allowing any employees to apply for the number-one slot. 15 COMMISSIONER NICHOLSON: Commissioner, we're asking 16 for a -- we'll term this as "desirable qualifications," would 17 be a Bachelor's degree from a college and five years 18 experience in human resources and/or payroll field. We 19 believe we don't have anybody on our payroll that meets that 20 criteria, but certainly, if we do, we'd sure like to talk to 21 them -- talk with them. 22 COMMISSIONER BALDWIN: Okay. 23 COMMISSIONER LETZ: So, they're not excluded; 24 they're just included in the overall -- okay. 25 JUDGE TINLEY: The sense that I'm getting is that, 7-24-06 110 1 in accordance with a general policy that we have, for either 2 of these positions, if we have qualified personnel in the 3 selection process in-house, we're -- we're going to give them 4 priority. 5 COMMISSIONER NICHOLSON: We prefer to promote from 6 within. 7 COMMISSIONER BALDWIN: Okay, good. Thank you. 8 JUDGE TINLEY: Any other questions? Comments? All 9 in favor of the motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: That motion does carry. Does any 14 member of the Court have anything to offer in executive or 15 closed session? 16 SHERIFF HIERHOLZER: You skipped one, Judge, 15. 17 COMMISSIONER LETZ: Item 15. 18 JUDGE TINLEY: I had it checked off here. 19 SHERIFF HIERHOLZER: I thought maybe you were mad at 20 me. 21 COMMISSIONER NICHOLSON: It's a done deal. 22 COMMISSIONER WILLIAMS: I thought we put it off 23 until after lunch. 24 JUDGE TINLEY: I am mad at you, so you -- 25 SHERIFF HIERHOLZER: Okay. 7-24-06 111 1 JUDGE TINLEY: -- you can rest assured you're 2 correct there. I had it checked off for some reason, and I 3 don't know why I did. Let's go to Item 15; consider, discuss, 4 and take appropriate action on proposed employee grade/step 5 schedule. I put this on the agenda at the Sheriff's request, 6 and this is the -- that is the proposed schedule that he 7 tendered to us previously that has the half steps in it, but 8 otherwise it's basically formatted on the existing schedule 9 that applies to all employees except Sheriff's deputies, 10 jailers, dispatchers, and nurses. Correct? 11 SHERIFF HIERHOLZER: Sheriff's jailers, dispatch -- 12 yes. 13 JUDGE TINLEY: But otherwise, it's the same one 14 we've been using for several years now. It just incorporates 15 a half step, a 2 and a half -- excuse me, half grade, as 16 opposed to a full grade, and that is 2 and a half percent 17 between half grades, as opposed to 5 percent between full 18 grades. 19 COMMISSIONER WILLIAMS: What would the effective 20 date of the new step and grade schedule be? 21 SHERIFF HIERHOLZER: I would recommend that it be 22 effective in this next payroll, because it would address -- 23 there's two advantages. Number one, it puts every county 24 employee back on one step and grade, okay, which I think 25 solves a lot of problems that we've had for several years. 7-24-06 112 1 Number two, it addresses the inadvertent errors in the 2 previous step and grades that have -- that caused problems 3 inside my department. It will take several years for those 4 errors to be made up, okay, because it does not pay a lump sum 5 to any of them, but it does address it all. 6 COMMISSIONER NICHOLSON: Let me ask, do you -- does 7 your office have the ability to get the paperwork done between 8 now and the next payroll? 9 SHERIFF HIERHOLZER: Yes. It's already -- 10 COMMISSIONER NICHOLSON: I think what I understand 11 about this is that it does not impact employees' salaries, 12 except for those three classifications. 13 SHERIFF HIERHOLZER: That's correct. 14 COMMISSIONER NICHOLSON: And the total monthly cost 15 of the changes there is? 16 SHERIFF HIERHOLZER: The total yearly cost would be 17 almost $38,000 a year, okay? Total. And so that's per year. 18 I do -- to make up the difference for the rest of -- the 19 remainder of this budget year, okay, which is -- what do 20 you get? 21 JUDGE TINLEY: Less than 1,600 per payroll. 22 SHERIFF HIERHOLZER: And I have that amount in my 23 budget at this time because we had, like, a nurse's opening 24 for several months. 25 COMMISSIONER NICHOLSON: What's the effective date 7-24-06 113 1 you're proposing? 2 SHERIFF HIERHOLZER: I propose that it be effective 3 in the next payroll. That it be -- 4 JUDGE TINLEY: When you say "next," are you talking 5 about August 1 to August 15, or are you talking about -- 6 SHERIFF HIERHOLZER: In the August -- 7 JUDGE TINLEY: -- the payroll period that we're in? 8 SHERIFF HIERHOLZER: I think it should be reflected 9 in the August 1st payroll. 10 COMMISSIONER NICHOLSON: Paychecks? 11 SHERIFF HIERHOLZER: Paychecks. 12 COMMISSIONER NICHOLSON: That's the period we're 13 currently in. 14 SHERIFF HIERHOLZER: The August 1st paycheck. 15 COMMISSIONER LETZ: And you're confident the 16 Treasurer -- 17 SHERIFF HIERHOLZER: Yes, because we -- 18 COMMISSIONER LETZ: -- can do this? 19 SHERIFF HIERHOLZER: -- already have -- the changes 20 that would have to be plugged in are right there, what the 21 step and grades -- 22 COMMISSIONER LETZ: I mean, I guess my only 23 hesitation -- have you talked with the Treasurer? I mean, 24 'cause this -- her payroll date is probably today or tomorrow. 25 Today? 7-24-06 114 1 SHERIFF HIERHOLZER: That's not for the August. 2 That's for this -- 3 COMMISSIONER LETZ: That's the August -- that's the 4 August 1 paycheck. 5 SHERIFF HIERHOLZER: We're at the August 15th. 6 JUDGE TINLEY: First pay period in the month of 7 August? 8 SHERIFF HIERHOLZER: Yes. Do it August 15th, not 9 this one coming up. I'm sorry. 10 COMMISSIONER NICHOLSON: I move we approve the 11 employee grade and step schedule as proposed by the Sheriff, 12 and that it will be implemented effective August 1, 2006. 13 COMMISSIONER WILLIAMS: For the first -- for the 14 August 15 payroll. 15 COMMISSIONER NICHOLSON: For the August 15 -- 16 first salary action will be seen on the August 15th payroll 17 checks. 18 SHERIFF HIERHOLZER: Now, may I ask -- 'cause this 19 does affect one. We talked about going no farther than Step 20 12. And I know that may be something you want to address in 21 the budget, but since this is a step and grade, I was talking 22 about, you know, people that can get a -- get an educational; 23 they don't get merit, but any other employees of the county 24 can get four merit, 'cause that way, in a 22-year career, 25 everybody can end at that Step 12. It gives the rest of the 7-24-06 115 1 employees -- 2 COMMISSIONER WILLIAMS: That's all the schedule has, 3 is 12 steps. 4 SHERIFF HIERHOLZER: This also adopts that after -- 5 there's never been a formal policy, 'cause I had one person 6 that was over a Step 12 before, and he ended up just being 7 manually figured in, the two and a half, to a Step 13. And I 8 think there needs to be a definite policy that says that's as 9 far as you can go in the county step and grade. 10 COMMISSIONER NICHOLSON: If this motion's approved 11 to accept your recommendation, then this ends at Step 12. 12 SHERIFF HIERHOLZER: Okay. 13 COMMISSIONER BALDWIN: My only -- I love the plan. 14 I don't love it; I like it a whole lot. My only concern 15 was -- is that we fix that problem that created this whole 16 thing, and that's a shortage of salary in your department. 17 And you've assured me that it does, and so I'm -- I'm willing 18 to vote in the affirmative. 19 SHERIFF HIERHOLZER: I'll reassure you, this does 20 fix the problem that we had with the prior -- 21 COMMISSIONER BALDWIN: And I'll second that motion, 22 if there's not one. 23 JUDGE TINLEY: There is not one as yet. 24 MS. PIEPER: No. 25 JUDGE TINLEY: We have a motion and second. Any 7-24-06 116 1 further question or comment on the motion? 2 MS. UECKER: I do. Does that mean that if you have 3 a longtime employee now that's getting close to Step 12, 4 that -- you know, and probably they're going to be there a 5 long time, that when they get to a 12, they're just going to 6 have to sit there? 7 JUDGE TINLEY: That's where it is right now. 8 COMMISSIONER NICHOLSON: Unless they get promoted to 9 another job. 10 SHERIFF HIERHOLZER: Different grade. 11 COMMISSIONER NICHOLSON: Higher classified job. 12 MS. UECKER: Okay. Then I'm not sure what that's -- 13 what that's telling our people if they're with us a real long 14 time. 15 COMMISSIONER WILLIAMS: It does not exclude 16 cost-of-living adjustments that may come down the line. 17 MS. UECKER: Right, I understand that. 18 COMMISSIONER WILLIAMS: But you'd have to be 19 reclassified something -- in something else, or a higher 20 position, new job description. 21 MS. UECKER: What if it's at the highest position? 22 JUDGE TINLEY: Do you have a -- do you have someone 23 that is at the threshold of that door? 24 MS. UECKER: Not really at the threshold, but 25 they're walking up the sidewalk. 7-24-06 117 1 JUDGE TINLEY: Okay. 2 SHERIFF HIERHOLZER: I have some 10's, and I do have 3 at least one 12 that this would affect. I've talked to them. 4 Most of your state agencies have this to where it hits an 5 ending, and then after that it's just cost-of-living. 6 Otherwise, it can just go on forever and ever. It does -- and 7 it will take you -- in reality, as long as you didn't get two 8 or three merit increases each year, it would take you 22 years 9 to even get to this point. 10 MS. UECKER: Well, and I -- I'm not sure that Road 11 and Bridge doesn't have someone on that threshold. 12 MR. ODOM: I'm sorry, I was outside with the lady, 13 so I didn't hear everything. But I don't have 12's any more; 14 I have 14's. 15 SHERIFF HIERHOLZER: No, not grade. Steps. 16 MR. ODOM: Oh, steps. 17 SHERIFF HIERHOLZER: Across the scale. 18 COMMISSIONER LETZ: You probably do. 19 MR. ODOM: A through H? A through H. I think it's 20 something like that. 21 SHERIFF HIERHOLZER: 1, 2, 3, 4, 5 through 12. 22 MS. PIEPER: 12, yeah. 23 COMMISSIONER NICHOLSON: To the extent our salary 24 grades have got good logic to them, they're properly assigned, 25 what we're really saying is, Step 12 is all that job's worth. 7-24-06 118 1 And it sounds kind of trite, but I've heard it said that the 2 only thing worse than being topped out is not being topped 3 out, so that's -- so it means you're being paid -- that 4 individual is being paid all that that job is worth. 5 MR. ODOM: Unless you reclassify them -- look at 6 reclassifying them up to a 14. 7 SHERIFF HIERHOLZER: My wife's the same way with the 8 school teachers. She's maxed out on her salary scale. Unless 9 there's cost of living or something like that for school 10 teachers, they won't get any more. That's 20 years. 11 COMMISSIONER LETZ: It always can be looked at 12 again. 13 COMMISSIONER NICHOLSON: Special cases can be -- we 14 can make exceptions. 15 JUDGE TINLEY: Any other -- 16 COMMISSIONER LETZ: Like a half step. 17 JUDGE TINLEY: Any other question or comment? All 18 in favor of the motion, signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: The motion does carry. 23 SHERIFF HIERHOLZER: Thank you. 24 JUDGE TINLEY: Now I'll ask if any member of the 25 Court has any item that they wish to go into executive session 7-24-06 119 1 about. Hearing none, we'll move on to the approval agenda. 2 We have the Auditor with us. 3 COMMISSIONER LETZ: Judge? Commissioner Williams 4 and I have a luncheon meeting, and I'm sure you can go through 5 these without us being here, but I don't see that we're going 6 to be done with everything by 1:30 -- or by -- I mean, before 7 lunch, before we have our luncheon meeting. 8 COMMISSIONER BALDWIN: We can do this without you. 9 COMMISSIONER LETZ: I know. 10 COMMISSIONER NICHOLSON: Go a lot faster, too. 11 JUDGE TINLEY: We're at the very tail end of it. 12 COMMISSIONER BALDWIN: We'll be out of here before 13 dinner. 14 JUDGE TINLEY: Y'all try not to make so much noise 15 so we can go ahead and attend to our meeting. 16 (Commissioners Williams and Letz left the room.) 17 JUDGE TINLEY: We're down to the approval agenda. 18 Item Number 4.1, payment of bills. 19 COMMISSIONER NICHOLSON: Move we pay the bills. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE TINLEY: Motion made and seconded to pay the 22 bills. Any question or discussion? I have one question. 23 We've got a -- we've got a bill of $136 and change, and of 24 that, $96 is late fees? 25 COMMISSIONER NICHOLSON: What page are you on? 7-24-06 120 1 JUDGE TINLEY: Page 23. I appreciate you breaking 2 it out so that it shows. I'm sure it's probably due, but I'm 3 just distressed that it is due. 4 COMMISSIONER NICHOLSON: 96 -- what am I reading? 5 $96 in late fees? 6 JUDGE TINLEY: Mm-hmm. 7 COMMISSIONER NICHOLSON: And the original bill was 8 $40? 9 MR. TOMLINSON: Right. 10 COMMISSIONER NICHOLSON: Sounds like usury. 11 MR. TOMLINSON: Sometimes we're victims of -- of not 12 so expedient delivery by the U.S. Postal Service. Some 13 vendors have -- have put a less-than-30-day due date on -- on 14 their invoices, and that's from the date that they were sent 15 out. So, sometimes, depending on -- on when -- when we 16 receive it, it really puts us in a bind to get -- sometimes 17 get payments made on a timely basis. So, there -- it is an 18 issue sometimes with -- with the fact that we can only approve 19 payments twice a month. So -- 20 JUDGE TINLEY: You know, I can understand why there 21 might be, in some cases, because of this hiatus and the fact 22 that we've got to approve all those bills, that occasionally 23 there's going to be a late fee imposed. But it occurs to me 24 that if the late fee, first rattle out of the box, is more 25 than double the amount of the actual amount due, that -- that 7-24-06 121 1 we've got somebody violating the laws -- as Commissioner 2 Nicholson said, maybe violating the usury laws or something 3 else of that sort. Or maybe it's not a one-time late charge. 4 It may be several late charges that have accumulated. That's 5 my point. You know, I can understand occasionally we'll have 6 a late charge because of this hiatus in approving the bills, 7 but good gracious alive, when it's more than double the amount 8 of the actual base bill, that -- that's distressing to me. 9 It's wasted money, in my opinion. We have a motion and a 10 second. Any further question or discussion? All in favor of 11 the 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 does carry. Budget 16 Amendment Request Number 1. 17 MR. TOMLINSON: Number 1 is for Environmental 18 Health. They're requesting a transfer of funds of $1,000 from 19 Operating Expenses, with $400 going to Postage and $600 going 20 to Operating Equipment. 21 COMMISSIONER BALDWIN: Okay. Whose signature is 22 this? 23 MR. TOMLINSON: That's -- 24 JUDGE TINLEY: Miguel's. 25 MR. TOMLINSON: -- Miguel's. 7-24-06 122 1 COMMISSIONER BALDWIN: That's just pretty. 2 COMMISSIONER NICHOLSON: Move to approve. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE TINLEY: Motion made and seconded for approval 5 of Budget Amendment Request Number 1. Any question or 6 discussion? All in favor of the motion, signify by raising 7 your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: The motion does carry. Budget 12 Amendment Request 2. 13 MR. TOMLINSON: Request 2 is for the County Clerk -- 14 for the County Clerk's Department and Election Services. 15 She's requested an $85 transfer from the Election Services 16 budget for Election Notices, going to the Clerk's budget for 17 Books, Publications, and Dues. 18 COMMISSIONER BALDWIN: So moved. 19 COMMISSIONER NICHOLSON: Second. 20 JUDGE TINLEY: Motion made and seconded for approval 21 of Budget Amendment Request 2. Any question or discussion? 22 All in favor of the motion, signify by raising your right 23 hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 7-24-06 123 1 (No response.) 2 JUDGE TINLEY: The motion does carry. Budget 3 Amendment Request 3. 4 MR. TOMLINSON: Number 3 is between Election 5 Services and Commissioners Court. We're transferring -- or 6 need to transfer $3,160 from the HAVA Compliance Expense line 7 item to Professional Services in Commissioners Court budget. 8 COMMISSIONER NICHOLSON: This 298,000, that's the 9 money that we received for HAVA compliance from Washington via 10 Austin? 11 MR. TOMLINSON: That's what we budgeted. We -- we 12 only expended 270-plus. 13 COMMISSIONER NICHOLSON: Move to approve. 14 COMMISSIONER BALDWIN: Second. 15 JUDGE TINLEY: Motion made and seconded for approval 16 of Budget Amendment Request 3. Any question or discussion? 17 Question. 18 MR. TOMLINSON: Mm-hmm? 19 JUDGE TINLEY: Can we use HAVA money -- 20 MR. TOMLINSON: Not -- 21 JUDGE TINLEY: -- for that purpose? 22 MR. TOMLINSON: We're not using the money. We've 23 already expended all the moneys that we received. We happened 24 to budget more in our budget than we actually received. 25 JUDGE TINLEY: Okay. 7-24-06 124 1 COMMISSIONER NICHOLSON: So we spent all the HAVA 2 money? All the federal money? 3 MR. TOMLINSON: For all intents and purposes. 4 JUDGE TINLEY: This just happened to be additional 5 money -- budgeted money that was our -- in a general kitty. 6 MR. TOMLINSON: Right. 7 JUDGE TINLEY: Okay. 8 COMMISSIONER BALDWIN: Local moneys. 9 COMMISSIONER NICHOLSON: Green dollars. 10 COMMISSIONER BALDWIN: Real money. 11 MR. TOMLINSON: I did talk to the Clerk about that 12 issue, so -- 13 JUDGE TINLEY: Okay. Okay. Any further question or 14 discussion? All in favor of the motion, signify by raising 15 your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: The motion does carry. Budget 20 Amendment Request 4. 21 MR. TOMLINSON: Four is for Indigent Health. We're 22 requesting a transfer of $2,127.54 from Eligible Expenses to 23 the Third-Party Administrator line item. I do have two late 24 bills attached. One is to VeriClaims, Inc., for $338.01, and 25 the other one is also to VeriClaims for $1,789.53. 7-24-06 125 1 COMMISSIONER BALDWIN: Is this our final payment to 2 VeriClaims? 3 MR. TOMLINSON: Probably not. We probably have one 4 more. 5 JUDGE TINLEY: Was that 238 or 338? 6 MR. TOMLINSON: 338. 7 COMMISSIONER BALDWIN: So moved. 8 COMMISSIONER NICHOLSON: Second. 9 JUDGE TINLEY: Motion made and seconded for approval 10 of Budget Amendment Request Number 4 and issuance of hand 11 checks to VeriClaims for 338.01, and 1,789.53. Any question 12 or discussion? All in favor of the motion, signify by raising 13 your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: The motion does carry. Budget 18 Amendment Request Number 5. 19 MR. TOMLINSON: Five is for the Treasurer. She's 20 requested a transfer of $1,275 from Group Insurance, and $500 21 to Postage, $700 to Office Supplies, and $75 to Machine 22 Repairs. 23 COMMISSIONER BALDWIN: This is my boy-dummy question 24 of the year. How in the hell can you spend $700 on office 25 supplies at this time of the year? 7-24-06 126 1 MR. TOMLINSON: Well, we -- we had -- we did -- this 2 is for some envelopes, $252.18. Part of this is. 3 COMMISSIONER BALDWIN: Okay. Where's the other 450? 4 MR. TOMLINSON: We did change accounting systems, 5 and there were, you know, additional supplies to -- to 6 purchase in conjunction with that issue. So, I -- 7 COMMISSIONER BALDWIN: I'm hearing you say that 8 you're happy with this? 9 MR. TOMLINSON: Well, I mean, the bill's here. 10 And -- and we got a $269 bill. 11 COMMISSIONER BALDWIN: So moved. 12 MR. TOMLINSON: And part of this -- part of office 13 supplies in that office is for checks and deposits. We don't 14 get checks and deposits free any more. 15 COMMISSIONER BALDWIN: Yeah. So moved. 16 COMMISSIONER NICHOLSON: Second. 17 JUDGE TINLEY: Motion made and seconded for approval 18 of Budget Amendment Request Number 5. Any question or 19 discussion? All in favor of the motion, signify by raising 20 your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: The motion carried. Budget Amendment 25 Request Number 6. 7-24-06 127 1 MR. TOMLINSON: Six is from -- for the District 2 Clerk. She's requesting a $600 transfer from her Deputy 3 Salaries line item to Overtime. 4 COMMISSIONER NICHOLSON: Move to approve. 5 COMMISSIONER BALDWIN: Second. 6 JUDGE TINLEY: Motion made and seconded for approval 7 of Budget Amendment Request 6. Any question or discussion? 8 COMMISSIONER BALDWIN: Well, I just -- if I had a 9 question, it would be something like, is this due to some 10 court case going on that people have to stay there late? 11 MR. TOMLINSON: Well, she's had -- she's been 12 short-handed. I mean, her chief deputy resigned a few months 13 ago, and she's been -- 14 MS. PIEPER: They've been having jury trials. 15 MR. TOMLINSON: So she's been -- she's been running 16 short -- short-staffed. 17 COMMISSIONER BALDWIN: I see. Okay. 18 JUDGE TINLEY: If you had any other questions, what 19 would they be? 20 COMMISSIONER BALDWIN: That would be all at this 21 time. 22 MR. TOMLINSON: It so happened that this happened 23 right at the time of the conversion to -- to the new software, 24 so she had two whammies. 25 JUDGE TINLEY: Any other questions or comments? 7-24-06 128 1 COMMISSIONER NICHOLSON: I think -- 2 JUDGE TINLEY: All in favor, signify by raising your 3 right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: The motion does carry. Budget 8 Amendment Request 7. 9 MR. TOMLINSON: Okay. Number 7 is for Detention 10 Maintenance, and we -- we're requesting that we transfer 11 $2,281.28 from the Independent Audit line item in 12 Nondepartmental, with $185.58 into Maintenance and Custodial 13 for Detention, and $2,095.70 to Repairs. 14 COMMISSIONER NICHOLSON: Move to approve. 15 COMMISSIONER BALDWIN: Second. 16 JUDGE TINLEY: Motion made and seconded for approval 17 of Budget Amendment Request Number 8. Any question or 18 discussion? 19 COMMISSIONER BALDWIN: Let's see. Was that 8? 20 MR. TOMLINSON: Yes -- no, that's 7. 21 JUDGE TINLEY: Excuse me. Thank you, Commissioner. 22 Seven. 23 COMMISSIONER BALDWIN: Old hawk-eye here. 24 JUDGE TINLEY: That's right. If you had a question 25 to ask, it was, "Are we on the right one?" Right? 7-24-06 129 1 COMMISSIONER BALDWIN: Yeah. 2 JUDGE TINLEY: Budget Amendment Request 7. Any 3 question or discussion? All in favor, signify by raising your 4 right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: The motion does carry. Now to Budget 9 Amendment Request 8. 10 MR. TOMLINSON: Eight is for the 216th District 11 Court. We need a transfer of $1,086 from Court Transcripts, 12 $231 to Court-Appointed Attorneys and $855 to Special Court 13 Reporter. 14 COMMISSIONER BALDWIN: Tommy, what -- I know I've 15 asked you -- through the years, I've asked you this five or 16 six hundred times, but one more time, please. Why do we pay a 17 special court reporter when we have a court reporter on staff? 18 MR. TOMLINSON: I can't answer you specifically on 19 this one, but in general, it's -- if the court reporter that 20 we hire is -- that's on our staff is, you know, on vacation or 21 sick or -- or for some reason -- or if there was two trials 22 going, you know, if Judge -- if one -- if one of the judges 23 has a case in one of the other counties and we have a 24 substitute judge sitting here, then we'd have to have a 25 substitute. 7-24-06 130 1 COMMISSIONER BALDWIN: Okay, thank you. 2 MR. TOMLINSON: This was -- this has not been such 3 an issue since the Legislature took away our -- the funding 4 for -- for substitute judges. 5 COMMISSIONER BALDWIN: Visiting judges. 6 MR. TOMLINSON: Right. But occasionally we -- there 7 have been more than one trial going on. 8 COMMISSIONER NICHOLSON: Move to approve. 9 COMMISSIONER BALDWIN: Second. 10 JUDGE TINLEY: Motion made and seconded for approval 11 of Budget Amendment Request Number 8. Any question or 12 discussion? All in favor of the motion, signify by raising 13 your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: The motion does carry. Budget 18 Amendment Request Number 9. 19 MR. TOMLINSON: Number 9 is -- is for the 198th 20 District Court. We'd like to transfer $1,845 from the Special 21 District Judge line item, $45 to Books, Publications, and 22 Dues, and $1,800 to Court-Appointed Attorneys. 23 COMMISSIONER NICHOLSON: Move to approve. 24 COMMISSIONER BALDWIN: Second. 25 JUDGE TINLEY: Motion made and seconded for approval 7-24-06 131 1 of Budget Amendment Request 9. Any question or discussion? 2 All in favor of the motion, signify by raising your right 3 hand. 4 (Commissioner Baldwin raised his hand.) 5 JUDGE TINLEY: All opposed -- are you in favor of 6 that, Commissioner? 7 COMMISSIONER BALDWIN: Yes. 8 COMMISSIONER NICHOLSON: Yes. 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: The motion does carry. Budget 12 Amendment Request 10. 13 MR. TOMLINSON: Ten is for County Court at Law, for 14 $1,055.83 from the Court-Appointed Attorney line item to 15 Master Court Appointments. It's for C.P.S. cases. 16 COMMISSIONER BALDWIN: So moved. 17 COMMISSIONER NICHOLSON: Second. 18 JUDGE TINLEY: Motion made and seconded for approval 19 of Budget Amendment Request Number 10. Any question or 20 discussion? All in favor of the motion, signify by raising 21 your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: The motion does carry. Budget 7-24-06 132 1 Amendment Request 11. 2 MR. TOMLINSON: Eleven is for the County Jail. 3 We're asking to transfer $120 from Jailer Salaries, $35 to 4 Vehicle Maintenance, and $85 to Machine Repairs. 5 COMMISSIONER NICHOLSON: Move to approve. 6 COMMISSIONER BALDWIN: Second. 7 JUDGE TINLEY: Motion made and seconded for approval 8 of Budget Amendment Request 11. Any question or discussion? 9 COMMISSIONER BALDWIN: $35 for vehicle maintenance? 10 Has he got rubber bands out there now? It's ridiculous. 11 JUDGE TINLEY: Probably an oil change. 12 MR. TOMLINSON: That's probably what it is. 13 JUDGE TINLEY: Any question or discussion? 14 COMMISSIONER BALDWIN: Yeah. 15 JUDGE TINLEY: All in favor of the motion -- 16 COMMISSIONER BALDWIN: If you -- if you get the 17 maintenance moved into the Road and Bridge Department, you 18 wouldn't have these things. 19 JUDGE TINLEY: I noticed you waited until Leonard 20 was gone before you mentioned that. Well, we have a pretty 21 nice shop facility out there, don't we? 22 COMMISSIONER BALDWIN: Yeah. Need to build one more 23 bay and hire one more mechanic, and you got the county 24 covered. Very smart. 25 JUDGE TINLEY: Any other questions or comments? All 7-24-06 133 1 in favor of the 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: The motion does carry. Budget 6 Amendment Request 12. 7 MR. TOMLINSON: Number 12 is for Maintenance for the 8 Courthouse and Parks. We're transferring -- asking to 9 transfer $1,200 from Equipment Repairs and $1,200 from Fuel, 10 Oil, and Maintenance, and $607.73 from Part-Time Salaries, 11 with $1,224.15 for Supplies for the courthouse for 12 maintenance, and $761.85 for Utilities, $804.23 to Repairs and 13 Maintenance, and $217.50 to Major Repairs. 14 COMMISSIONER BALDWIN: So moved. 15 COMMISSIONER NICHOLSON: Second. 16 JUDGE TINLEY: Motion made and seconded for approval 17 of Budget Amendment Request Number 12. any question or 18 discussion? All in favor of the motion, signify by raising 19 your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: The motion does carry. Budget 24 Amendment Request Number 13. 25 MR. TOMLINSON: Okay. It's for Rabies and Animal 7-24-06 134 1 Control, request from the director to transfer $81.11 from 2 Retirement to Uniforms and Boots. 3 COMMISSIONER NICHOLSON: Move to approve. 4 COMMISSIONER BALDWIN: Second. 5 JUDGE TINLEY: Motion made and seconded for approval 6 of Budget Amendment Request 13. Any question or discussion? 7 COMMISSIONER NICHOLSON: As an aside, when we're 8 talking about we might need more money for sidewalks, we've 9 probably got some money out there because we were short two 10 people for a period of time, so we may have enough money out 11 there to pay for it. 12 JUDGE TINLEY: Any other questions or comments? All 13 in favor of the motion, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion does carry. Budget Amendment 18 Request 14. 19 MR. TOMLINSON: Fourteen is for the Juvenile 20 Detention Facility -- excuse me. I have a request from Kevin 21 Stanton to transfer $696.19 from Professional Services, with 22 $200 to Resident Medical and $496.19 to Telephone line item. 23 COMMISSIONER BALDWIN: So moved. 24 COMMISSIONER NICHOLSON: Second. 25 JUDGE TINLEY: Motion made and seconded for approval 7-24-06 135 1 of Budget Amendment Request 14. Any question or discussion? 2 All in favor of the motion, 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: The motion does carry. Do we have 8 any other budget amendments? 9 MR. TOMLINSON: No. 10 JUDGE TINLEY: Any late bills, other than those 11 presented? 12 MR. TOMLINSON: No. 13 JUDGE TINLEY: I have been presented and I have 14 before me monthly reports from Justice of the Peace, Precinct 15 3, Justice of the Peace, Precinct 2 for June '06, Justice of 16 the Peace, Precinct 4, and Justice of the Peace, Precinct 1, 17 and County Clerk. Do I hear a motion that these monthly 18 reports be approved as presented? 19 COMMISSIONER BALDWIN: So moved. 20 COMMISSIONER NICHOLSON: Second. 21 JUDGE TINLEY: Motion made and seconded for approval 22 of the reports as presented. Any question or discussion? All 23 in favor of the motion, signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 7-24-06 136 1 (No response.) 2 JUDGE TINLEY: The motion does carry. Does any 3 member of the Court have anything to present in connection 4 with their committee or liaison assignments? 5 COMMISSIONER BALDWIN: No. 6 COMMISSIONER NICHOLSON: Ms. -- Ms. Roman had 7 donated to the Animal Control Facility two mosaic murals that 8 have to do with animals and/or critters. Very attractive, and 9 2 and a half by 5 feet, I think. I've got -- I saw a picture 10 of them; I haven't been out there to see them yet, but I bring 11 that up because it reminds me that Ms. Roman does a very good 12 job of public relations and working with the public and our 13 constituents who have an interest in animals, their 14 well-being. And she's good with the public, and I think it 15 makes a difference in a lot of ways. 16 COMMISSIONER BALDWIN: Yes, it does. She has a lot 17 more patience than I would have. 18 COMMISSIONER NICHOLSON: Yeah. That's all. 19 JUDGE TINLEY: Anything else to come before the 20 Court at this time? If not, we'll stand adjourned. 21 (Commissioners Court adjourned at 12:17 p.m.) 22 - - - - - - - - - - 23 24 25 7-24-06 137 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 5 capacity as County Clerk of the Commissioners Court 6 of Kerr County, Texas, at the time and place 7 heretofore set forth. 8 DATED at Kerrville, Texas, this 28th day of 9 July, 2006. 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 7-24-06