1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, February 12, 2007 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 BRUCE OEHLER, Commissioner Pct. 4 2-12-07 2 1 I N D E X February 12, 2007 2 PAGE --- Commissioners' Comments 6 3 1.1 Consider/discuss, approve resolution for submission 4 of 2007-08 Victims of Crime Act grant proposal 8 5 1.2 Consider/discuss Juvenile Probation Department utilizing two temporary classrooms attached to 6 the original detention facility 11 7 1.3 Consider/discuss, take appropriate action on expenditure report from Juvenile Detention Facility 18 8 1.4 Information presentation on proposed Texas Rangers 9 History and Education Center, Kerrville, Texas 26 10 1.5 Consider/discuss, take appropriate action to approve making application to Department of Justice for Safe 11 Haven Project; approve MOU between Kerr County and Hill Country Crisis Council 36 12 1.8 Consider/discuss, take appropriate action to approve 13 proposed scope of work to determine remedial actions required to repair Flat Rock Lake Dam 48 14 1.9 Public Hearing on Revision of Plat for Lots 5 & 6, 15 Shalako Estates Addition 68 16 1.11 Public Hearing on Revision of Plat for Lot 96 of Kerrville South II 68 17 1.6 Report to Commissioners Court on status of 18 investments made under section 887(b) Probate Code 69 19 1.7 Change department name of Kerr County Collections 69 20 1.10 Consider/discuss, take appropriate action concerning Revision of Plat for Lots 5 & 6, Shalako Estates 73 21 1.12 Consider/discuss take appropriate action concerning 22 Revision of Plat for Lot 96 of Kerrville South II 73 23 1.13 Consider/discuss, take appropriate action to approve Revision of Plat for Lot 124B & 131A, Falling Water 80 24 1.14 Consider/discuss, take appropriate action for 25 concept plan to Revise Lot 14, Tierra Vista 80 2-12-07 3 1 I N D E X (Continued) February 12, 2007 2 PAGE 1.15 Consider/discuss, take appropriate action to 3 approve concept of Rockin Bar S 83 4 1.16 Consider/discuss, take appropriate action for preliminary plat of Estates at Johnson Creek 91 5 1.17 Consider/discuss, take appropriate action for 6 preliminary plat of Ranches on Sunset Ridge 93 7 1.18 Consider/discuss, take appropriate action to remove landscaped entry for Deerfield Subdivision 94 8 1.19 Consider/discuss, take appropriate action to declare 9 county property as surplus, authorize disposal 97 10 1.20 Consider/discuss, take appropriate action to approve contracts with Turtle Creek, Comfort, 11 Tierra Linda, Elm Pass, Center Point, Divide VFD's, Hill Country CASA, K'STAR, Dietert Claim, Big 12 Brothers and Sisters, Alamo Regional Transit contract, & allow County Judge to sign same 101 13 1.21 Consider/discuss, take appropriate action on 14 implementation of the burn ban 102 15 1.22 Consider/discuss, take appropriate action on proposed contract advertising rates with local 16 newspapers, authorize County Judge to sign approved contract(s) 103 17 1.23 Consider/discuss, take appropriate action on 2006 18 Racial Profiling Report from David J. Billeiter 106 19 1.24 Consider/discuss, take appropriate action on letter from TexDOT regarding Cade Loop 107 20 1.25 Consider/discuss, take appropriate action to 21 amend interlocal agreement between Kerr Emergency 911 Network and Kerr County 114 22 1.26 Consider/discuss, take appropriate action to 23 authorize County Judge to file a claim on official bond of Kerr County Treasurer for penalty, interest 24 and related cost incurred and/or paid by Kerr County resulting from late payment of payroll taxes to IRS 25 due for quarter ending June 30, 2006 117 2-12-07 4 1 I N D E X (Continued) February 12, 2007 2 PAGE 1.27 Consider, discuss and take appropriate action to 3 set public hearing to abandon, discontinue and vacate Louise Ehler Road as county-maintained road 122 4 1.28 Consider/discuss, take appropriate action to approve 5 resolution supporting proposed legislation to remove expiration date, Special Condition 5E, from Permit 6 No. 5394A, authorize forwarding same to appropriate legislators 124 7 1.29 Consider/discuss, take appropriate action to 8 approve and forward letter with questions concerning Groundwater Availability Modeling to 9 Headwaters Groundwater Conservation District Board of Directors 126 10 1.30 Consider/discuss, take appropriate action to 11 ratify and confirm County Judge's approval of County Treasurer Mindy L. Williams' bond 131 12 1.35 Consider/discuss, take appropriate action on 13 proposed resolution supporting design and engineering plans for proposed new or replacement 14 USDA laboratory facility in Kerr County 132 15 4.1 Pay Bills 134 4.2 Budget Amendments 140 16 4.3 Late Bills 141 4.4 Approve and Accept Monthly Reports 142 17 1.31 Request to waive subrogation rights (Exec. Sess.) --- 18 1.33 Possible litigation in personnel matter (Ex. Sess.) --- 1.34 AFLAC premium payments (Executive Session) --- 19 1.32 Complaint against Env. Health Dept. (Exec. Sess.) --- 20 3.1 Action taken on items discussed in Executive Session 144 21 5.1 Reports from Commissioners/Liaison Committee 22 Assignments 145 23 --- Adjourned 149 24 25 2-12-07 5 1 On Monday, February 12, 2007, at 9:00 a.m., a regular 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: Okay, ladies and gentlemen. Let me 7 call to order this regular meeting of the Kerr County 8 Commissioners Court scheduled for this date and time, Monday, 9 February 12th, 2007, at 9 a.m. It is that time now. 10 Commissioner Baldwin? 11 COMMISSIONER BALDWIN: Yes, sir. Would you stand 12 and join me in a word of prayer, and then we'll do the pledge 13 of allegiance. 14 (Prayer and pledge of allegiance.) 15 COMMISSIONER BALDWIN: Thank you. 16 JUDGE TINLEY: At this time, if there's any member 17 of the public that wishes to be heard on any matter that is 18 not a listed agenda item, you're free to come forward at this 19 time. If you wish to be heard on a matter that is a listed 20 agenda item, we would ask that you fill out a participation 21 form. They -- hopefully there are some at the back of the 22 room. That helps me to have a heads-up if there's someone 23 wanting to speak on that item. If there are no forms, or if 24 you fail to fill one out and we get to an agenda item and you 25 wish to be heard, if you'd call or get my attention in some 2-12-07 6 1 way or fashion, I'll be glad to recognize you on that item. 2 But if there's anybody that wishes to be heard on anything 3 that is not a listed agenda item, please feel free to come 4 forward at this time. Seeing no one coming forward, 5 Commissioner Baldwin, do you have anything for us today? 6 COMMISSIONER BALDWIN: I do. I have a couple of 7 things I want to mention. This evening, I will be going out 8 to Upper Turtle Creek Volunteer Fire Department and doing a 9 presentation on an ESD, and I'm pretty excited about that, and 10 so are they. And I see this as a -- one of the steps of our 11 plans of furthering volunteer fire departments and -- and 12 doing it in the right way as far as funding is concerned 13 and -- and organization, so I'm pretty excited about that. I 14 mentioned Rex Brand in my prayer. Rex has cancer surgery this 15 coming Thursday, so y'all lift him up and his family. I tried 16 to get the doctor to let me assist, and I couldn't get it 17 done. But -- and then tomorrow night is the Tivy boy's last 18 basketball game, and before and after, they're honoring our 19 good friend, Jim Reid. After almost 40 years of winning 20 back-to-back state championships there, K.I.S.D. has decided 21 it was kind of time to give him some recognition. So, that's 22 tomorrow, and they're -- you know, he's won four as a coach -- 23 one as a player and four as a coach, state championships as a 24 coach, and they're having all four of his state championship 25 trophies there, and kids from Dumas and just all over the 2-12-07 7 1 state of Texas are coming down here to help honor him, and 2 free cake. So, you guys, if you all don't have -- I know 3 y'all don't have much to do in the evenings, so there's that 4 function. Thank you. 5 JUDGE TINLEY: Commissioner Williams? 6 COMMISSIONER WILLIAMS: Nothing much, Judge. I'm 7 looking forward to the Ranger presentation this morning, and I 8 don't want to delay this proceeding. We're going to be here 9 till midnight as it is, anyway. 10 JUDGE TINLEY: Commissioner Letz? 11 COMMISSIONER LETZ: Quick comment, going back to 12 the -- Commissioner 1's prayer. He must have had some rain 13 that we didn't get. We've just had a lot of fog. 14 COMMISSIONER BALDWIN: Well, I changed it to 15 "moisture." 16 COMMISSIONER LETZ: Moisture. But -- and in that 17 area, it's getting real dry again. Springs have really 18 dropped off. We thought it was a little bit wetter, I think, 19 in the eastern part of the county than it actually has turned 20 out to be, and we need to start watching those things pretty 21 closely. That's it. 22 JUDGE TINLEY: Commissioner Oehler? 23 COMMISSIONER OEHLER: I don't think I'll delay this 24 very long, either. Just had -- last Tuesday, we had a 25 committee meeting on the Highway 39 bridge project, the 2-12-07 8 1 committee that I was asked to put together by Harvey 2 Hilderbran, and also by Senator Fraser's office. We met with 3 TexDOT, had a lot of good -- good concessions from that 4 meeting. And Mel Ferguson, the senator's executive in Marble 5 Falls, I took him around, showed him all the projects. He was 6 very enlightened by what he saw, because he didn't know what 7 it really looked like, why people were so mad, but now he 8 understands. And they are really -- TexDOT's working very 9 hard with the citizens to make some concessions and make the 10 projects the best they can be. That's it. 11 JUDGE TINLEY: Thank you, sir. We've got a lengthy 12 agenda. Let's try and get on down the road with it so that we 13 might get out of here at some reasonable hour. The first item 14 on the agenda is to consider, discuss, and -- and approve the 15 resolution for the submission of the Victims of Crime Act 16 Grant proposal for 2007-2008 to the Office of the Governor, 17 Criminal Justice Division, the purpose of the grant being to 18 fund the Kerr County Crime Victims Coordinator program for an 19 additional year. Ms. Lavender? 20 MS. LAVENDER: Good morning. This is the -- will be 21 the third year for this grant. As you all will remember -- 22 Bruce may not, but the -- this is a federal grant that's 23 funded through the Victims of Crime Act that pays for the -- 24 my salary and the program that we have, and we've had grants 25 for the last two years. This is just a reapplication or a new 2-12-07 9 1 application for a new grant. The County's responsibility in 2 this grant is to pay the health insurance and provide office 3 space, and this year, $100 in travel money. And it's an 80/20 4 grant; the federal government pays 80 percent. And I don't 5 know the exact numbers, but in 2006 I worked with somewhat 6 over 300 people, most of them Kerr County residents. I have a 7 few in Bandera and Gillespie Counties, where they have no 8 crime victims coordinators, and I worked with one woman up in 9 Mason for a little while, but basically it's all Kerr County 10 victims. And we'll be going Wednesday morning, day after 11 tomorrow, to AACOG to present the community plan. In the 12 community plan to the CJAC committee at AACOG is the 13 priorities for funding, and one of these is this program. And 14 you have to have a resolution to go with the grant 15 application. 16 COMMISSIONER BALDWIN: I move for approval. 17 COMMISSIONER LETZ: Second. 18 JUDGE TINLEY: Motion made and seconded for approval 19 of the agenda item and the resolution. Any question or 20 discussion? Ms. Lavender, how many projected or proposed 21 victims, as it were, did -- did the folks that oversee the 22 operation of this grant believe that you would have during the 23 course of the grant year? 24 MS. LAVENDER: Well, in the grant application I have 25 to project the number, and I projected 175 in the last grant, 2-12-07 10 1 and we far surpassed that. 2 JUDGE TINLEY: And -- 3 MS. LAVENDER: I had no idea -- of course, we went 4 back -- when we started the program two and a half years ago, 5 we went back and picked up victims that were in the previous 6 years that still had cases pending in the courts, and so those 7 people have been addressed as far as we could address them, 8 and now all I'm doing is just the new cases that are filed. 9 And it's -- you know, there's an increase particularly in 10 family violence cases this year, or has been this last year. 11 JUDGE TINLEY: So, the need has -- is far in excess 12 of -- 13 MS. LAVENDER: Oh, yeah. 14 JUDGE TINLEY: -- of what was originally projected? 15 MS. LAVENDER: Yes, sir. 16 JUDGE TINLEY: Okay. 17 COMMISSIONER WILLIAMS: What's the dollar value of 18 the amount you're asking for? 19 MS. LAVENDER: Last year's grant, I believe, was 20 41,000. I don't -- don't know for sure yet what the numbers 21 are going to be. We're going to look at salary -- Eva's 22 working on looking at the salary for this year for next year's 23 grant, because we had some problems with the salary the first 24 year, and then this last year. I think it's going to work out 25 okay, but we want to build into the grant enough to be sure 2-12-07 11 1 that if I decided to retire somewhere down the road and you 2 have to find someone else to do that, we want to be in a 3 market that you can find someone to do it. And we need to do 4 it now, rather than waiting two or three years down the road 5 or whenever it is I decide to actually retire. 6 JUDGE TINLEY: Any other questions or 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: That motion does carry. Thank you, 12 Ms. Lavender. 13 MS. LAVENDER: Thank you, gentlemen. 14 JUDGE TINLEY: Let's go to Item 2, if we might. 15 Consider and discuss the Juvenile Probation Department being 16 able to utilize the two temporary buildings, those being 17 classrooms, attached to the original detention facility; 18 buildings would be used by the Juvenile Probation Department 19 to continue programs and activities such as Probation 20 Assisting in Education, parenting classes, drug and alcohol 21 counseling and similar uses. Mr. Stanton, good morning. 22 MR. STANTON: Hello. How are y'all doing? I was 23 approached by the Chief Probation Officer, Mr. Davis. Right 24 now, they're using one of the front classrooms to hold all 25 these programs in -- or hold their Probation Assisting 2-12-07 12 1 Education program in. And at this point, they've got so many 2 kids coming over there that we don't have room any more to 3 hold them, that amount of kids in the classroom. Originally, 4 we thought about trying to move their programs over into the 5 main building, the old building that's not currently in use, 6 but then it was brought to my attention that we would have to 7 heat and cool that whole building, and that just didn't seem 8 like a -- a good idea. Then we looked at the possibility of 9 using the temporary classrooms in the back of that building. 10 They are set on their own heating and air conditioning cycles; 11 they've got their own, so it wouldn't cost as much in 12 electricity to heat and cool those older -- or the portable 13 buildings in the back. And so I come to you today to ask 14 permission to allow the Juvenile Probation Department to 15 access those two portable buildings in the back to run their 16 programs out of. 17 COMMISSIONER WILLIAMS: Judge, before the Court 18 takes that particular question up, I want to make everybody 19 aware that Paula Morelock of the Texas Youth Commission 20 contacted me this past week. I believe she had a phone call 21 to you as well. They're looking for space, T.Y.C. is, and she 22 asked if our facility was still available. I've talked with 23 Kevin about this, and she and her folks are coming down this 24 Thursday. I will conduct a tour of the big facility with a 25 view toward their thinking about leasing it. So, I think the 2-12-07 13 1 Court needs to know that. That's all I can share with you 2 this morning. Don't have any other particulars, except 3 they're looking for space, and we have space. I don't know 4 how that might impact the plan that -- that the Probation 5 Department is -- is putting forth here, but the Court needs to 6 know that this is a possibility. 7 JUDGE TINLEY: Mr. Stanton, can those -- can that 8 building, that portable building that was used by K.I.S.D., 9 can that be accessed either independently of the entire rest 10 of the operation, or through the new portion that you 11 currently have in operation for preadjudication? 12 MR. STANTON: No, sir. 13 JUDGE TINLEY: It's only accessed through the old -- 14 the old portion that's not presently being utilized? 15 MR. STANTON: Yes, sir. 16 JUDGE TINLEY: Okay. 17 MR. STANTON: There's not any access points on the 18 outside of the gates. It's surrounded by a fence, and the 19 only way you can access it is walking down the main hall and 20 directly through the main building. 21 JUDGE TINLEY: Okay. 22 COMMISSIONER BALDWIN: Does this issue with T.Y.C. 23 -- would it affect your plans at all? 24 MR. STANTON: It would. If T.Y.C., I believe -- and 25 this is just -- I haven't talked to anybody, but my impression 2-12-07 14 1 would be if T.Y.C. leased that building, T.Y.C. would be 2 utilizing the main walkway, and I doubt very seriously they 3 would want our kids walking down the middle of their walkway 4 getting back to the back classrooms, because you'd have to 5 walk right through the middle of the dorm areas to access the 6 classrooms. 7 COMMISSIONER LETZ: I wouldn't think we'd want that, 8 either. 9 COMMISSIONER BALDWIN: No. 10 JUDGE TINLEY: No. 11 MR. STANTON: No, I don't either. 12 COMMISSIONER BALDWIN: So we're talking about -- 13 we're talking about either serving our local probation office 14 or trying the make some money. Is that the bottom line? 15 JUDGE TINLEY: Maybe we -- is there a way a separate 16 access to that building could be created? 17 MR. STANTON: You could -- you could cut a gate in 18 the -- the outside fence, kind of like what they've got set up 19 in the new building. 20 JUDGE TINLEY: Mm-hmm. 21 MR. STANTON: You could access it through that way. 22 Except the only problem with that would be, you would be 23 putting a gate in the recreation area that T.Y.C. would be 24 utilizing for their kids, and you'd have to make sure that 25 T.Y.C., if they lease that building, didn't have a problem 2-12-07 15 1 with there being an access gate back there. 2 JUDGE TINLEY: So there may be a solution, depending 3 upon the -- the degree of need of T.Y.C., and whatever that 4 states out to be? 5 MR. STANTON: If they take the building, yes, sir. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER WILLIAMS: Judge, could I suggest that 8 we -- that we allow this visit to take place this week and see 9 what -- what their desire is, and then if they don't look 10 favorably upon it or don't wish to pursue it with Kerr County, 11 then we can move forward on Mr. Stanton's request. 12 COMMISSIONER LETZ: Is there a time framework that 13 you need a -- you know, these buildings used? 14 MR. STANTON: No, sir. It's a -- the programs -- I 15 believe Mr. Davis is here, but the programs, I believe, are on 16 Tuesday -- Monday, Tuesday, and Wednesday nights are the 17 nights that they'll be utilizing those buildings. And then 18 for their new program, the 4-H program, they would be 19 utilizing that building too, and I'm not sure what nights or 20 days they would be utilizing it for the 4-H program. But, no, 21 sir. I mean, we -- we can make access and make room for them 22 to continue the programming that they're doing in the new 23 building, like we are. They'll just be really cramped for the 24 time being. 25 COMMISSIONER OEHLER: Any way the Ag Barn could be 2-12-07 16 1 used for a classroom? 2 COMMISSIONER WILLIAMS: For those classes? I don't 3 know. 4 COMMISSIONER OEHLER: Why don't you look into that? 5 MR. STANTON: Yes, sir. 6 COMMISSIONER OEHLER: See if it becomes a problem 7 with scheduling with some of the things that are already 8 planned to happen at the -- but that's a big -- you know, a 9 big room. It looks to me like you could meet. It'd be a 10 possibility. It may not work, but it's just a thought. 11 COMMISSIONER WILLIAMS: If you want to look at that, 12 and if you would also explore whether or not there's another 13 way, as the Judge suggested, that -- of providing an entrance 14 that doesn't -- that doesn't in any way affect the security of 15 the facility. 16 MR. STANTON: Yes, sir. 17 COMMISSIONER WILLIAMS: Take a look at both, and 18 we'll put it back -- I'll have some information later this 19 week, and put it back on the agenda next time. 20 MR. STANTON: Sounds good. 21 JUDGE TINLEY: I think we need to find out really 22 what the feelings are about T.Y.C., what their desires are, 23 what portion of that they want to utilize, what they wouldn't 24 have a need for, what our options are. I don't think we know 25 them all at this point. 2-12-07 17 1 COMMISSIONER WILLIAMS: No, we don't know them. 2 COMMISSIONER BALDWIN: Do they pay the same as other 3 counties, or do they pay more? 4 COMMISSIONER WILLIAMS: Well, they'd be talking 5 about leasing the facility and operating it. 6 COMMISSIONER BALDWIN: Oh, we're not talking about a 7 per-day -- 8 COMMISSIONER WILLIAMS: No. We'd be talking about 9 them taking over the facility, we leasing it to them, and we'd 10 have to determine what the fair market value of that would be. 11 And then they'd have to staff it and run it. We're not 12 talking about running it for them; at least that's not my 13 understanding. 14 JUDGE TINLEY: We don't know what they got in mind 15 yet. They're going to be down here later this week. Maybe 16 they'll give us a better clue. 17 COMMISSIONER BALDWIN: I guess I'm -- you know, the 18 -- well, we'll just find out. Probably -- there's a 19 possibility we may have to change some things out there, 20 better security. I mean, do they run under different rules 21 and regulations than we do? 22 MR. STANTON: Well, from my understanding from what 23 we're talking about here, is -- is it would be two separate 24 and total different programs. We would continue to fund the 25 Juvenile Detention Facility in the newer building. T.Y.C. -- 2-12-07 18 1 and the only thing that I think that we would have to work out 2 with T.Y.C. and the sharing part of the whole deal is the 3 sallyport, where we deliver the kids. And I think that's the 4 only -- the only two things we would have to share. Although 5 there -- one other thing we'll have to look at is the -- as 6 far as washing and drying the kids' clothes, because right now 7 we're still utilizing the washers and dryers in the old 8 building. And if T.Y.C. would -- would take over the old 9 building, we would then need to find some way to clean the 10 kids' clothes that are in the new building. 11 JUDGE TINLEY: Okay, thank you. Appreciate it, 12 Mr. Stanton. 13 MR. STANTON: Mm-hmm. 14 JUDGE TINLEY: Anybody else on the Court have 15 anything further to offer on that? Thank you, sir. Let's 16 move to Item 3, if we might. Consider, discuss, and take 17 appropriate action on expenditure report from the Juvenile 18 Detention Facility. Commissioner Baldwin, you asked that this 19 item be placed on the agenda. 20 COMMISSIONER BALDWIN: I did, thank you. Last month 21 he was kind enough to come in and give us a financial report, 22 but he only gave us the income side of it, and I thought it 23 would be wise, and the public certainly should have access to 24 the expenditure side, so I want to hear the rest of the story 25 now. Is this that report? 2-12-07 19 1 MR. STANTON: Yes, sir, it is. 2 COMMISSIONER BALDWIN: Can you kind of give us a 3 brief -- I'm a bottom-line guy; if you can just go straight to 4 the bottom line, I'm happy. 5 MR. STANTON: The bottom line is that currently, we 6 are -- we should be right at 66.33 percent of our budget 7 used -- or remaining at this time. We're at 66.95, so we're 8 actually above where we should be as far as expenditures are 9 on our budget, our total budget. 10 COMMISSIONER BALDWIN: Spending more than you 11 should? 12 MR. STANTON: No, we're spending less. 13 COMMISSIONER BALDWIN: Okay. 14 MR. STANTON: By about three-tenths of a percent. 15 COMMISSIONER LETZ: And the expenditures -- the 16 expenditures are basically right on track, and the revenue 17 side were up? 18 MR. STANTON: Yes, sir. 19 COMMISSIONER LETZ: So we're doing better than we 20 had projected. 21 MR. STANTON: Yes, sir. 22 COMMISSIONER BALDWIN: Super. 23 MR. STANTON: The first page is kind of -- looking 24 at your deal, the first beige is a breakdown. The rest of it 25 is just breakdown, line item by line item, of the expenditures 2-12-07 20 1 for each line item. 2 JUDGE TINLEY: Do you see -- projecting into the 3 future and based upon what you've been able to put into place 4 so far this fiscal year, do you see any -- any anomalies in 5 the expenditure side that may be a problem where we have to 6 kind of anticipate? 7 MR. STANTON: The only -- the only expenditure 8 problem that I -- I foresee that we're going to have to move 9 money around in is in our copier lease -- our copier lease. 10 That's the only thing that -- 11 JUDGE TINLEY: That's the only one? 12 MR. STANTON: That's the only one we're running 13 behind in. We -- we utilized our part-time staff a whole lot 14 in the very beginning because of the holidays, and because we 15 were trying the burn off some comp time and vacation time, but 16 I see that that's going to lessen the farther we go into the 17 year. And right now, like I said, the only -- the only 18 problem I see is our copier line item, and it's going to be 19 short, and we're going to have to move some money around to 20 cover that. One of the things that I've been talking to the 21 Auditor and the Treasurer, Ms. Williams, about is that our 22 part-time money was -- there was a miscommunication between my 23 department and the Treasurer's office about where the 24 part-time money was to come from, and they were paying it out 25 of -- they were paying it out of the Detention Officers line 2-12-07 21 1 item -- salary line item, when it should have been coming -- 2 it should have been coming out of the Overtime line item, 3 which is 108, and it was coming out of 104, so we're going to 4 have to make some adjustments to move some of the money out of 5 104 down into 108 to cover what's been paid out so far. 6 JUDGE TINLEY: But even with that adjustment -- 7 MR. STANTON: Even with that adjustment, we're fine. 8 JUDGE TINLEY: Okay. 9 COMMISSIONER WILLIAMS: How about compensatory time, 10 Kevin? Have we worked that all off? We had a large -- 11 MR. STANTON: We're at zero. Everybody out there is 12 at zero at this point. We -- we are like all the rest of the 13 county, where we are paying it off every other -- every other 14 pay period. We're -- we're zeroing out our comp time. 15 COMMISSIONER WILLIAMS: What's our current census 16 out there? 17 MR. STANTON: Today we're at 12. 18 COMMISSIONER WILLIAMS: How many? 19 MR. STANTON: 12. 20 COMMISSIONER WILLIAMS: All Kerr County? 21 MR. STANTON: No, sir. No. In fact, this last 22 month, in January, we probably had more out-of-county kids 23 than we had Kerr County kids. 24 COMMISSIONER WILLIAMS: "Out-of-county" meaning 25 other hill country counties? 2-12-07 22 1 MR. STANTON: Yes, sir. 2 COMMISSIONER WILLIAMS: Thank you. 3 JUDGE TINLEY: Any more questions for Mr. Stanton? 4 COMMISSIONER BALDWIN: Thank you very much. 5 JUDGE TINLEY: Thank you for your report. I had a 6 participation form on this particular agenda item. Mr. Trigo, 7 you wish to be heard on Item 1.3? 8 MR. TRIGO: Yes, sir. 9 JUDGE TINLEY: If you'll come forward give us your 10 name and address, please, sir, and tell us what's on your 11 mind. 12 MR. TRIGO: My name's Steve Trigo. I reside at 165 13 Scenic Valley Road. And I was astounded, Commissioner 14 Baldwin, to hear that report last time about Juvenile 15 Detention. I'm going to ask you, do we have an itemized 16 report on expenditures there? 17 COMMISSIONER BALDWIN: Yes, sir. 18 MR. TRIGO: We do? 19 COMMISSIONER BALDWIN: Yes, sir. 20 MR. TRIGO: Okay. That's -- that was my concern. 21 And then again, do we have any kids from Kerr County in other 22 juvenile detentions? 23 COMMISSIONER WILLIAMS: Yes, sir. 24 JUDGE TINLEY: Yes. 25 MR. TRIGO: Okay. What's the reason for that? 2-12-07 23 1 JUDGE TINLEY: They're in long-term programs. 2 MR. TRIGO: None other than that? 3 JUDGE TINLEY: Not that I'm aware of, unless they've 4 been picked up and they're being held awaiting transport back 5 to this facility. 6 MR. TRIGO: How would we find that out? 7 JUDGE TINLEY: I suspect Mr. Davis would know. 8 MR. DAVIS: Just -- Your Honor, currently, the Kerr 9 County Juvenile Probation Department has no -- in fact, since 10 I've been in place, our preadjudication children, meaning 11 children that are with matters pending before the court, we 12 only utilize the Kerr County Juvenile Detention Facility, 13 strictly. That's the only facility we use. The other 14 placements will be postadjudication. This will be a child 15 that has been placed on probation by the Court, and they're in 16 some -- a treatment facility, an educational facility, a 17 mental health facility, and services that are not offered by 18 Kerr County. Therefore, we have to go outside of the county 19 to place those child -- children so that they can receive 20 those services. 21 MR. TRIGO: I can understand that. Another -- 22 another subject that was brought up in the last meeting also 23 concerning the Juvenile Detention Center, it was stated that 24 we had no kitchen and no laundry facilities at the detention 25 center. As of right now, how much money are we spending on 2-12-07 24 1 those items per -- per kid? 2 JUDGE TINLEY: The -- let me try and answer this, 3 and Mr. Stanton may be able to help. As he just indicated, 4 the laundry facilities are in the older portion of the 5 facility which is not currently being utilized, but which 6 they're utilizing that portion of it in order to do their 7 laundry needs for the preadjudication facility that 8 Mr. Stanton is operating. The kitchen is over in the old 9 section, but because of the number of meals, Mr. Stanton has 10 made arrangements -- he's on a contract basis with the Kerr 11 County Law Enforcement Center; the -- the jail kitchen, as it 12 were. And he acquires his meals for his residents out of the 13 jail and they're transported over to the Juvenile Detention 14 Facility. 15 COMMISSIONER LETZ: And then he pays -- his budget 16 reimburses the Sheriff's Department. 17 JUDGE TINLEY: Oh, yeah, sure. There's a contract, 18 right. 19 MR. STANTON: Can I -- there is one meals section, 20 sir, there also, is that the kids, during -- during the school 21 year, during the school days, Monday through Friday, and 22 Kerrville ISD provides the breakfasts and lunches for the kids 23 for free. 24 MR. TRIGO: Okay. I have a question for 25 Mr. Emerson, since he -- being the County Attorney. Are we in 2-12-07 25 1 compliance with governmental codes and state laws as far as 2 not having a kitchen for the Juvenile Detention Center? 3 MR. EMERSON: My response to that, Mr. Trigo, would 4 be I don't know off the top of my head, but that's also not 5 part of this agenda item. 6 MR. TRIGO: But, I mean, since you are the -- I'm -- 7 I'm concerned, are we in compliance with the government codes? 8 COMMISSIONER WILLIAMS: We're not out of compliance. 9 MR. TRIGO: We're not out of compliance? 10 COMMISSIONER WILLIAMS: We are not out of 11 compliance. 12 MR. TRIGO: You're not? 13 COMMISSIONER WILLIAMS: We are feeding our children 14 what they're supposed to get, the kind of meals they're 15 supposed to get. The cost per capita, per meal, is cheaper 16 than it was before. 17 MR. TRIGO: Okay. That's all I have for you. Thank 18 you. 19 JUDGE TINLEY: Thank you, sir. 20 MR. TRIGO: Oh, another question. Why can't -- why 21 can't Kerr County taxpayers get an itemized report of -- put 22 in the paper so that they -- they are the ones that are paying 23 for this, and I think they should be made aware of what the 24 expenses are. 25 JUDGE TINLEY: All that information is available, 2-12-07 26 1 Mr. Trigo. You've just been handed a copy, and -- 2 MR. TRIGO: I know. 3 JUDGE TINLEY: -- if you want further backup 4 information, it's available through -- through our county 5 offices, the Auditor's office, the Treasurer's office, and -- 6 and Mr. Stanton out at the detention facility. He inputs the 7 raw data, and that's where this came from. That agenda item 8 is backed up -- or each of his line items on his budget is 9 backed up by a separate page. If you need further 10 information, it's available to you. Thank you. Anyone else 11 have anything to offer in connection with that particular 12 item? Thank you. I can't see the clock, but I think it's 13 about 9:30, so -- 14 COMMISSIONER BALDWIN: It's 9:30. 15 JUDGE TINLEY: -- we'll get to a timed item, and 16 we'll have an information presentation on the proposed Texas 17 Rangers History and Education Center located here in wonderful 18 Kerrville, Kerr County, Texas. Mr. Joe Davis? Good to have 19 you with us here, sir. 20 MR. JOE DAVIS: Thank you. Good morning, Judge, 21 Commissioners. And, for the record, I am Joe Davis. I'm 22 current president of the Former Texas Rangers Foundation. I'm 23 a former Texas Ranger, and been a Kerr County resident for 27 24 years, and it seems like I only moved here yesterday. When 25 you live in the hill country, I think time goes by a little 2-12-07 27 1 quicker than you want it to, 'cause we are lucky and fortunate 2 to be here. And first I want to say -- I want to thank you 3 for your time this morning. I know your time's valuable. 4 We're going to take just a few minutes, and so you can 5 proceed. I know you have a long agenda. We're not here 6 really to ask you for anything. We just want your support and 7 goodwill on this project, and this project will be a -- a good 8 facility for Kerrville. I'm going to call on two people. 9 I'll just briefly state a few words here and then call on some 10 other people to tell you how it's going to affect Kerrville 11 and what it's actually going to be, because it is going to be 12 a state-of-the-art facility. It will tell the true history 13 and heritage of the Rangers, and when you do that, you learn 14 the history of Texas. And so many people has played a part of 15 being a Ranger right here in Kerr County. A lot of people 16 don't know that Joseph Tivy was a Texas Ranger, buried up on 17 this hill up here. And many citizens of the past were, and 18 they're -- a lot of them are buried out at Center Point there. 19 I'd like to introduce some of our people that are 20 here. Our chairman of the board who'll be coming up in just a 21 minute is Joe Dial. His father was a Texas Ranger. He's from 22 St. Jo, Texas, which is up on the Red River west of Fort 23 Worth, if you don't know. Patti Kaminski is our events 24 coordinator. Some of you have been to a Silver Stars and Six 25 Guns gala; they've been a big success here in town. People 2-12-07 28 1 come from all over the state and out of state to attend. She 2 is the coordinator of that. Leslie Klein, who's one of our 3 directors, manager of Ranch Radio. Chad Stary; he'll be 4 speaking in just a minute. He's regional president of State 5 Banks in several cities. He resides in Gonzales. Anyone else 6 I've missed here? 7 AUDIENCE: Grady. 8 MS. KLEIN: Grady's at the door. 9 MR. JOE DAVIS: Oh, Grady Sessums, retired Texas 10 Ranger. He's now a resident of Kerr County, and he's on our 11 board. So, without further ado, I would like to call on Joe 12 Dial. He's going to come forward and give you a brief 13 description of what this project's all about. 14 MR. DIAL: Thank you, Joe. Judge Tinley, Honorable 15 Commissioners, Commissioners Court staff, and esteemed 16 citizens of Kerr County, my name is Joe Dial. I am the 17 chairman of the Board of Directors of the Former Texas Ranger 18 Foundation. I appreciate your interest in learning about what 19 will soon be one of the premier themed entertainment and 20 educational destinations in Texas. This is an artist's 21 conception of an architectural drawing of what the facility 22 will look like. The next slide, this is a conceptual drawing 23 of the -- the main entryway and -- and the exhibit area. The 24 Texas Ranger History and Education Center will be located on 25 Highway 173, with frontage on the Guadalupe River. The center 2-12-07 29 1 will be a respected repository for Texas Ranger history, while 2 at the same time being one of the most entertaining and 3 educational themed entertainment venues in the state. 4 "One right, one Ranger." Those four words come to 5 mind when one mentions the Texas Rangers. Those four words 6 are near and dear to those who serve as Rangers today, those 7 who are now former Rangers like Ranger Davis and Sessums, the 8 lineal descendants of Rangers like myself, the widows of Texas 9 Rangers, and the legions of supporters, like yourselves, of 10 the Texas Rangers who know why those four words capture the 11 heart and soul of the legend that is Texas -- the Texas 12 Rangers. As a lineal descendant of Texas Ranger Bill Dial, I 13 know that for 184 years, the Texas Rangers have had the 14 courage to put their lives on the line every day to maintain 15 law and order while performing their duties with the highest 16 degree of integrity. They have exhibited dogged determination 17 to keep on a'coming in the face of overwhelming odds, while at 18 the same time respecting the rights of all people, which, in 19 turn, has earned them the respect of law-abiding citizens. 20 They have been dependable in getting the job done where others 21 have failed. 22 Courage, integrity, determination, respect, and 23 dependability. These five character traits and others that 24 Rangers adhere to are told over and over again in the true 25 stories of Ranger experiences. There is no other law 2-12-07 30 1 enforcement organization with the mystique of the Texas 2 Rangers. The Texas Ranger History and Education Center will 3 bring the legend that is Texas to life with scenes in the 4 exhibit area that you're seeing a conceptual drawing of, that 5 are action-packed, realistic, exciting, and thoroughly 6 entertaining for people of all ages. You will want to bring 7 your friends and family to the center time and time again. 8 Part of the display area will be -- will have new stories to 9 tell every few months. The center will display Texas Ranger 10 history in a way it has never been done before, anyplace. The 11 Texas Ranger History and Education Legacy Theater, which will 12 be at the top right there, the Legacy Theater will introduce 13 visitors to a brief overview of Texas history. They'll smell 14 the smoke of the campfire, they'll feel the rain, they'll hear 15 the thunder and lightning. In the battle scenes, they will 16 hear the whizzing sound of the bullets or arrows going past 17 them. 18 They will leave the Legacy Theater eager to 19 experience the details of how the Texas Rangers helped shape 20 the history of Texas. As they walk through a timeline display 21 which follows out of the Legacy Theater all the way throughout 22 the exhibit area, which will be over 8,000 feet, that exhibit 23 will cover nearly two centuries. One will be captivated and 24 emotionally moved by the most entertaining and inspiring 25 stories ever told about the Texas Rangers. The journey 2-12-07 31 1 visitors will take through the center will be an unforgettable 2 adventure and an emotional experience for many. There will be 3 an "aha" moment when visitors realize the character traits 4 inculcated in the Ranger tradition are the foundation of the 5 Ranger value system, a code of honor that has captured 6 people's attention for 184 years and gained worldwide 7 admiration. Every visitor to the center and school children 8 in 813 school districts across Texas will see and understand 9 why Texas Rangers are looked up to as role models, and how 10 young and old alike can be better citizens if they, too, 11 practice admirable character traits. 12 The center will have a Director of Education and an 13 advisory committee of 4th and 7th grade Texas history 14 teachers. Together, they will develop curriculum enhancement 15 tools tied to TEEX requirements for Texas history. By using 16 the Texas Education Agency's telecommunication network, we 17 will be able to go into thousands of classrooms via the 18 internet. Texas history will come alive for students as they 19 see and hear realtime, on monitors in their classroom, Texas 20 Rangers in period dress explaining the role Rangers played in 21 Texas history from 1823 to the present. The presenter that 22 will actually be in the exhibit -- in a particular area of the 23 exhibit will be able to see the students in a classroom in 24 El Paso, Texas, or in Houston, Texas on a monitor that will be 25 sitting off to the side in front of the presenter, and the -- 2-12-07 32 1 and that individual can answer children's questions as they 2 raise their hand in their classroom. 3 David McCullough, a noted historian, twice winner of 4 the National Book Award and the Pulitzer Prize, has said 5 history isn't something that just ought to be taught -- or 6 ought to be read. It ought to be experienced, because it'll 7 make us better citizens. History will make us a better 8 citizen. Kerr, Bandera, Gillespie, and Comal Counties have 9 produced some of the best Rangers to ever wear the Texas 10 Ranger badge. Rangers battled Indians and outlaws in these 11 four counties as they protected the lives and property of hill 12 country pioneers. Even now, there are 119 Texas Rangers 13 across Texas who lay their lives on the line every day for you 14 and me. We welcome the support of the Kerr County 15 Commissioners Court as we raise the capital funds and build 16 the center. When the center is open, you can take pride in 17 being a part of telling the true story of the Texas Rangers, 18 and have the personal, individual satisfaction of knowing your 19 efforts will motivate thousands of people to become better 20 citizens. Thank you very much for your time. 21 MR. STARY: Morning, Judge, Commissioners, staff. 22 Thank you very much for allowing the Former Texas Rangers 23 Foundation Board the time and privilege to present our program 24 to you. Texas Ranger History and Education Center will be the 25 only one like it in the United States of America. As you can 2-12-07 33 1 see through what Chairman Dial said, there will be nothing 2 like this. This will be a treasure to Texas, and it will be 3 held right here in Kerrville, Texas. My name is Chad Stary, a 4 fellow board member and Treasurer of the Foundation. I'm also 5 a president -- regional president of south -- excuse me, 6 regional president of State Bank. My background includes 7 being the president of the Gonzales Economic Development 8 Corporation, so I totally understand the working relationship 9 between local governments and capital enterprises, especially 10 in large economic projects as this. We stand here today ready 11 to build that relationship and to continue the legacy of the 12 Texas Rangers and its monumental economic impact of what a 13 multi-million-dollar draw this will bring. It will be a 14 premier heritage tourism attraction, and heritage tourism 15 draws more people who spend more money than any other tourism 16 of its kind. 17 Hit the slide. Our estimated project costs on this 18 project are about $8 million. As you can see, the land is 19 going to run 480,000. It's paid for. The building costs are 20 estimated at 4.3 million, furnishings at 85,000, and permanent 21 exhibits and programs of $3 million. And then fundraising, 22 development, and operations of half a million, so our project 23 now that we're looking at is about $8.5 million. We've had 24 much support from the Kerrville citizens. We've had five 25 successful annual galas, each being more successful than the 2-12-07 34 1 last. Our support reaches far outside the boundaries of 2 Texas. We've had supporters and Foundation members that come 3 every year; they send their money in to provide for this 4 project. We've also had celebrities and corporations that 5 have supported this. Last year alone, we've had many gun 6 manufacturers. Most of the majors were here, our state reps, 7 and all sent guns to support our project. 8 Next, these are our timelines. Groundbreaking 9 hopefully in 2007, completion between '8 and '9, and then our 10 grand opening would be in 2008 and 2009. As I mentioned 11 earlier, we've received much financial support from prominent 12 folks and corporations, most notably the Peterson Foundation, 13 the Burnett Foundation, the famous Four 6's Ranch, the Taub 14 Foundation, the McCombs Foundation, Frost Bank, J.P. Bryan of 15 Torch Energy, and we have an active grant writing campaign in 16 place. 17 Slide 3, please. The center itself will bring a 18 lot -- as you can see the destination city, draw to Kerrville 19 from San Antonio, the Y.O. Ranch, James Avery, the summer 20 camps. We feel like this is going to be a great draw in 21 addition to this area. It will be family-friendly, as it will 22 be the center of the character of Texas and the Texas Rangers. 23 As Mr. Dial stated in his presentation, we anticipate this 24 bringing a family aspect to Kerrville, along with economic 25 impact, and we believe that anytime you can bring families in, 2-12-07 35 1 we can target a much larger area. We'll also target tour 2 groups and plan on working with area guest ranches, hotels, 3 and area attractions to bring a spirit of camaraderie and an 4 allure to bring and build even more of the hill country. We 5 anticipate our building to be used by local and area law 6 enforcement officers for additional training, and that'll be 7 open. 8 Slide 4, please. I think this is the most important 9 slide that we can present to you today, is what the economic 10 impact that we estimate the center to bring to Kerr County, 11 the surrounding counties, and the city. We anticipate 55,000 12 additional visitors to the city. We figure an average family 13 of four, that will be 14,000 families. A two-night stay in a 14 motel is $150. Gas, $90, one tank -- excuse me, meals of $90. 15 A tank of gas at $35. Spending money of $150, with an 16 estimated economic impact to Kerrville of almost $6 million. 17 And, again, this is before a seven-times multiplier, which 18 most economic models work on. And we would greatly appreciate 19 any future support and goodwill that the County would provide 20 to our foundation and to this area. And as you can see, that 21 any support that you could grant us would be easily paid back, 22 quickly. Thank you very much for allowing us the time to come 23 today. Appreciate it. 24 JUDGE TINLEY: Anything further? 25 MR. JOE DAVIS: Nothing further, Judge, unless you 2-12-07 36 1 have any questions. We'll be glad to answer. 2 JUDGE TINLEY: I want to thank you gentlemen for an 3 extraordinarily fine presentation and the work that you're 4 doing. This is a fine, fine project, and I note that -- I 5 know one face toward the back of the room, former Ranger from 6 right here in -- stationed in Kerrville, Henry Ligon. I want 7 to welcome him. Good to see you, Henry. 8 MR. LIGON: Good to see you. 9 JUDGE TINLEY: Any other questions? Thank you. We 10 appreciate that. 11 COMMISSIONER WILLIAMS: Thank you very much. 12 MR. JOE DAVIS: Thank you. 13 COMMISSIONER WILLIAMS: Thank you very much. 14 COMMISSIONER BALDWIN: Y'all have to charter a bus 15 to get around? (Laughter.) That's part of the economy here, 16 too. 17 MS. KLEIN: Thank you. 18 (Discussion off the record.) 19 JUDGE TINLEY: Okay, let's move to Item 5, if we 20 might. Consider, discuss, and take appropriate action to 21 approve making application to the Department of Justice for 22 Safe Haven project and to approve the memorandum of 23 understanding between Kerr County and the Hill Country Crisis 24 Council. Ms. Howard, this matter was presented to us earlier 25 on a nonbinding letter of intent I believe that the Court went 2-12-07 37 1 forward on, and you're here seeking final approval. Is that 2 my understanding? 3 MS. HOWARD: Yes, sir. 4 COMMISSIONER OEHLER: We got all that. 5 JUDGE TINLEY: Yeah. 6 (Discussion off the record.) 7 COMMISSIONER OEHLER: Ms. Howard, we already have 8 copies of all this. 9 MS. HOWARD: Do you? 10 COMMISSIONER OEHLER: Yes, ma'am. You might need it 11 for something else. 12 MS. HOWARD: All right. Thank you, Judge. Sheryl 13 Howard with the Hill Country Crisis Council. This is a 14 follow-up on our presentation to you last week. This -- what 15 you have before you today is the final -- the really final 16 project narrative and budget on this application. Just to 17 recap, this is an application to the U.S. Department of 18 justice, the Office of Violence Against Women, for a $400,000 19 three-year grant to create a safe haven, a supervised 20 visitation/safe exchange program for children who are in 21 custody situations by virtue of abuse or neglect, or domestic 22 violence situations where a court has ordered supervised 23 visitation. The requirement of the D.O.J. grant is that a 24 unit of local government must make application and partner 25 with a victims' services provider, which in this area would be 2-12-07 38 1 us, and so we came to you and asked you to allow us to submit 2 the letter of intent, and now this is the final application. 3 There's nothing really substantively different than 4 what we discussed last week in terms of the scope of the 5 project, but I did want to talk to you just a bit about the 6 budget side, 'cause that's the part that might raise some 7 questions when you have a chance to look at it. One of the 8 provisions of the grant, of out of the $400,000, is that 9 $50,000 had to be set aside for Office of Violence Against 10 Women, O.V.W., technical assistance, mainly travel, and at the 11 time, it appeared from reading the grant application packet 12 that that meant that O.V.W. was coming to us or that this was 13 to pay for their technical. I was in error. What that is is 14 for us to travel to them, $50,000 worth. I talked to them and 15 several people in the Department of Justice about this, and 16 they said, "Well, we really can't tell you where the technical 17 assistance trainings are going to be. On average, 18 organizations go to at least three a year, send two or three 19 staff persons to each session. Do the best you can. And we 20 can't even tell you where they are, but in the past, we've had 21 them at these cities." 22 So, I went online looked at airfares and hotels and 23 that type of thing, and tried to come up with some guestimate 24 of what that travel would look like for three trainings a 25 year, and I came up with $22,000, and that's rich. As I 2-12-07 39 1 explained in the budget narrative there, that our intent would 2 be to reduce that amount, but the requirement of the 3 application is you must set aside $50,000. So, I finally took 4 the other $27,000 and said, "All right, I'm putting it in the 5 budget 'cause that's what's you told us to do, but you're 6 going to have to tell us how to spend this." So, if they do 7 make us spend $50,000, which is a huge amount of travel money, 8 I guess we're all going to be traveling during that three-year 9 period. Otherwise, it's about $349,000 worth of direct client 10 services. It's a very efficient and cost-effective program, 11 because most of the overhead expense is handled by the Hill 12 Country Crisis Council without charges to the project, and 13 takes advantage of the existing victims' services that are 14 provided by us and by others in the community, again, at no 15 charge to the cost of the project. 16 There's no cost to the County on this -- the 17 project, and the memorandum of understanding that's presented 18 to us specifically states that we do not look to the County 19 for funding during the project grant cycle, or in the 20 sustainability plan for continuation funding. I think the one 21 question that was asked in the budget was from the County 22 Auditor, about the possibility of triggering a single audit as 23 a result of the grant. Again, there's about $148,000 max 24 flowing through the county on this in any one year. What I 25 did do is go ahead and put $1,000 in the budget towards county 2-12-07 40 1 expense if that would occur. There may be more funds 2 available; I don't know, and I don't know if that's sufficient 3 or not for the -- the project portion of a single audit, if 4 that were to be created. 5 COMMISSIONER WILLIAMS: Probably not. 6 MS. HOWARD: Probably not? I don't know what your 7 audits cost. So, anyway, if there are any other questions? 8 The -- the request is that you approve the application and the 9 memorandum of understanding. 10 COMMISSIONER BALDWIN: And both of those are due 11 tomorrow? 12 MS. HOWARD: Yes. 13 COMMISSIONER BALDWIN: If my memory serves me. 14 MS. HOWARD: Yes. 15 JUDGE TINLEY: Ms. Howard, there's an issue of -- of 16 accountability that the County has, as the applicant in a 17 grant, that all of the procedures and -- and the 18 administration of the grant are being conducted in accordance 19 with the terms of the grant and -- and the requirements of 20 law. As you might imagine, there's some concern on our part, 21 if we're having to make a representation under penalties of 22 law that things are being done, and we're the applicant, but 23 we're not in control. How do you propose that we handle that? 24 MS. HOWARD: Well, in terms -- you mean in terms of 25 operating the supervised visitation program itself, or in 2-12-07 41 1 terms of managing the money, or all of it? 2 JUDGE TINLEY: Just complying with the grant 3 generally. The County, as the applicant, would have the 4 responsibility to insure that the grant is administered 5 properly, in -- according to its terms. 6 MS. HOWARD: Yes, sir. 7 JUDGE TINLEY: And the County then would have the 8 obligation, in the event that did not occur, that the County 9 would -- would suffer the consequences, and generally that's 10 -- they ask for return of the funds. 11 MS. HOWARD: Yes. 12 COMMISSIONER WILLIAMS: I think I referenced -- 13 excuse me, Ms. Howard. I think I referenced this to you, 14 following up on the Judge's question, last time when we talked 15 about performance measures and standards, and how -- how we 16 measure the performance of the operation or how it's being 17 measured, and does it comply with the performance requirements 18 of the grant. 19 MS. HOWARD: Okay. In the grant application kit, it 20 gives you the site to the specific performance measures, how 21 it's -- how they are reported, and the forms to report it on. 22 Those are required to be submitted to the Department of 23 Justice every six months. Our proposal to you all is that we 24 would send you both the performance report and the financial 25 report every month, and so that you can see -- and then -- and 2-12-07 42 1 then it's a cost-reimbursed contract, that we don't get paid 2 until the service has been done, and that you would have an 3 accounting for that on each -- on each month. 4 JUDGE TINLEY: Should D.O.J. come back to Kerr 5 County, as the applicant, and say, you know, we've -- sometime 6 after the fact, and say, "We don't believe this is accurate, 7 or things were not done according to the terms of the grant, 8 and we're seeking reimbursement for all or some portion of the 9 funds under the grant," what would -- I know what Kerr 10 County's obligation would be under the grant. We'd be under 11 the gun and obligated for it. How would we handle that 12 relative to your administration of these funds? 13 MS. HOWARD: Well, that's the same situation the 14 Crisis Council finds itself with all of its government grants, 15 whether it's through the Attorney General's office, managing 16 moneys from the Center for Disease Control or the Governor's 17 office, managing Department of Justice funds, among other 18 funding streams, or the Health and Human Services Commission, 19 using Health and Human Services funds. There is provision in 20 the memorandum of understanding that says the Crisis Council 21 will indemnify the County for any, you know, callback on 22 funds. 23 JUDGE TINLEY: Okay. 24 COMMISSIONER WILLIAMS: Do we have that M.O.U.? 25 MS. HOWARD: It was in the original black book that 2-12-07 43 1 I gave you last week. That has not changed. 2 COMMISSIONER WILLIAMS: Okay. 3 JUDGE TINLEY: Have you had an opportunity to 4 discuss that with our County Attorney? 5 MS. HOWARD: Yes. And he -- he received a copy of 6 the book, and I understand that you made comments back to the 7 Judge? Is that -- 8 MR. EMERSON: The green notebook, Judge -- or black, 9 that I forwarded up to y'all with a number of post-its on it. 10 JUDGE TINLEY: Mm-hmm. 11 MR. EMERSON: I haven't seen it since then, but 12 that's -- that was my initial review. 13 MS. HOWARD: That was the last draft. I haven't 14 gotten any comments back from anybody. 15 JUDGE TINLEY: And the issue of indemnification, 16 that's covered? 17 MR. EMERSON: That was covered in there. I believe 18 I had a question as to whether or not y'all would require the 19 Crisis Council to take out a bond or something to that effect. 20 I seriously doubt the Crisis Council has several hundred 21 thousands dollars in reserves if something were to go wrong, 22 and a bond's pretty inexpensive to cover that issue. 23 JUDGE TINLEY: Mm-hmm. 24 COMMISSIONER LETZ: That sounds like a good 25 approach. How does -- how do the funding -- the funds come to 2-12-07 44 1 the County? 2 MS. HOWARD: Yes, sir. 3 COMMISSIONER LETZ: And the County disburses them 4 monthly? 5 MS. HOWARD: Yes, sir. 6 COMMISSIONER WILLIAMS: Well, no, you draw down, 7 right? Based on performance; is that correct? 8 MS. HOWARD: Yes. In other words, we submit -- we 9 submit a statement to you, and then you submit it on to the 10 Department of Justice. 11 COMMISSIONER WILLIAMS: So, essentially, we're 12 talking about a three-year deal, and the maximum each year 13 would be about $124,000; is that correct? 14 MS. HOWARD: Well, it doesn't break out quite like 15 that. The first year is limited to $50,000. That's the way 16 the grant is set up. And then the next few years are about 17 $150,000 a piece. 18 COMMISSIONER BALDWIN: Ms. Howard, my concern is -- 19 we spoke earlier. As always, when the grant plays out, when 20 the government says, "No more, you have to get your money from 21 somewhere else," what -- I'd hope that you don't expect the 22 taxpayers of Kerr County to just automatically pick that up 23 and take off running. Do you have some kind of safety net at 24 this point, or a plan in place to pick up where the government 25 leaves off? 2-12-07 45 1 MS. HOWARD: Well, being a nonprofit, we do what we 2 do in every project area, and that is that you develop a track 3 record, which would be what the first year of implementation 4 would be. So, Year 2 of the project, and then at that point, 5 you take that information and that success and you start 6 shopping it to other funding sources. So, you've got several 7 possibilities. You've got private grants. You've got the 8 possibility of continuation of the U.S. Department of Justice 9 grant. They are certainly doing that at their demonstration 10 sites and other sites they've funded in prior cycles. Private 11 fundraising, and then project fees. But those -- both the 12 memorandum of understanding and the grant application itself 13 to the Department of Justice makes it very clear that we are 14 not looking to the County for any continuation of funding. 15 COMMISSIONER BALDWIN: Thank you. 16 MS. HOWARD: So they will be evaluating it knowing 17 that. 18 COMMISSIONER BALDWIN: That makes me very happy. 19 JUDGE TINLEY: Have you discussed with -- with your 20 board the possibility of some sort of a bond in connection 21 with the indemnification in the event there's some kickback 22 from D.O.J.? 23 MS. HOWARD: I have not. And I would have to rely 24 on Mr. Emerson's assessment that it -- you know, a couple of 25 hundred dollars to buy a bond like that. I can't see a 2-12-07 46 1 problem with -- with going forward in it. My board meeting's, 2 unfortunately, not till tomorrow night, so it's not something 3 that could get board action on it before this is due. But -- 4 JUDGE TINLEY: Okay. Probably the best safeguard is 5 the fact that it's performance measure and it's reimbursement 6 after the fact. 7 MS. HOWARD: Yes, sir. 8 JUDGE TINLEY: Okay. 9 MS. HOWARD: I would be happy to take that to them, 10 and on the chance that we do get the grant, the grant's 11 awarded, go back to the board and say, "All right, the County 12 was requesting that we put this piece in place as well," and 13 I -- I don't have a problem with that. 14 JUDGE TINLEY: I certainly think that's a viable 15 option; that -- that in order to give some -- some strength to 16 any indemnification, I would think it would be -- 17 MS. HOWARD: If it's -- 18 JUDGE TINLEY: -- open to at least consider. 19 MS. HOWARD: You can go ahead and make this 20 requirement and -- and submit the application, if you're in 21 agreement with the rest of it, and then I can take it to the 22 board. And meantime, we'll figure out how much it's going to 23 cost. If they say no, we'll just withdraw the application. 24 COMMISSIONER WILLIAMS: It can probably be a 25 requirement of the memorandum of understanding, don't you 2-12-07 47 1 think, Judge? 2 JUDGE TINLEY: Mm-hmm. 3 COMMISSIONER WILLIAMS: As opposed to the grant 4 application. 5 COMMISSIONER LETZ: This is -- the application is 6 here, so I would presume if it is funded, there's going to be 7 paperwork to come back to be signed by the County Judge. 8 MS. HOWARD: Up until -- there's a lot of additional 9 assurances and boilerplate things about drug free and 10 employment sites and -- 11 COMMISSIONER LETZ: Some of these other -- these 12 issues could be addressed at that point, prior to signing the 13 actual commitment. We need to make sure we're on board before 14 we send in the application, but that would be the time we'd 15 require the -- you know, you can talk to your board, and if we 16 get the bond in place prior to that, we'll sign the agreement. 17 COMMISSIONER BALDWIN: Judge, I move for approval of 18 the agenda item. 19 COMMISSIONER WILLIAMS: Second. 20 JUDGE TINLEY: We have a motion and second for 21 approval of the agenda item. Any question or discussion? All 22 in favor 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.) 2-12-07 48 1 JUDGE TINLEY: That motion does carry. Thank you 2 very much, Ms. Howard. 3 MS. HOWARD: Thank you. 4 JUDGE TINLEY: We're on a short fuse on that, and -- 5 MS. HOWARD: Whenever it's convenient for your 6 schedule, Judge, I have all the copies here for your 7 signature. 8 JUDGE TINLEY: Okay. Maybe when we get to the break 9 here in just a little bit, that might be an appropriate time. 10 That may be the only convenient time in the -- 11 MS. HOWARD: Okay. 12 JUDGE TINLEY: -- immediate future. 13 MS. HOWARD: Thank you very much. 14 JUDGE TINLEY: Thank you. Let's go with Item -- 15 COMMISSIONER WILLIAMS: Eight. It's 10 o'clock. 16 JUDGE TINLEY: Okay. I can't see the clock from 17 here, is my problem. 18 COMMISSIONER BALDWIN: There's 30 seconds before 19 10:00. 20 JUDGE TINLEY: We'll go with Item 8, a timed item 21 for 10 o'clock. Consider and take appropriate action to 22 approve a proposed scope of work to determine remedial actions 23 required to repair Flat Rock Lake Dam, estimated cost of 24 $18,000, with funds available in Flood Control Account Number 25 22. Commissioner Williams? 2-12-07 49 1 COMMISSIONER WILLIAMS: Thank you, Judge. What you 2 have before you is a letter proposal submitted to me by Stefan 3 Schuster of Freese and Nichols with respect to how we proceed 4 to find out the scope of what's necessary to repair Flat Rock 5 Lake Dam. I asked Stefan if he would come down and kind of 6 guide us through this letter. There's a lot of technical 7 stuff in here, most of which I don't understand, but I'll -- 8 I'll concur -- I'll agree that maybe the other Commissioners 9 do, and I just don't. But, Stefan, if you'd be so good as to 10 talk us through this and tell us where your firm 11 responsibilities lie, and -- and who we may have to engage 12 otherwise to get this project moving? 13 MR. SCHUSTER: Thank you, Commissioner. Morning, 14 Judge, Commissioners. For the record, my name's Stefan 15 Schuster with Freese and Nichols. We went ahead and did a 16 little bit of research on Flat Rock Dam and looked into some 17 of the history. One of the problems was to find the original 18 design drawings on the dam. In our research, we determined 19 actually that we did a Phase I inspection report for the Corps 20 of Engineers in 1978 on the facility. There were several 21 destructive events at the dam since its construction in 1956. 22 There was -- in 1959, one of the embankments washed out; 23 further stabilized at that point. Then T.C.E.Q. -- or the 24 Water Commission's inspection happened in 1970, 1974, and in 25 1976. In 1976, the inspection found very similar problems to 2-12-07 50 1 what we see today; several small leaks and some cracks. And 2 we went ahead and we made a recommendation in 1978, on our 3 Phase I report, that very similar types of repairs that are 4 needed today be done, and predominantly that is to fill 5 underneath the concrete cap of the dam with grout. 6 Now that we've sort of come full circle 30 years 7 later, we see some of the same similar repairs. One of our 8 recommendations at this point is to go a little bit further 9 and look at the actual integrity of the concrete cap above the 10 earthen dam. One of the things you introduce when you 11 actually pump grout beneath the concrete cap is the ability of 12 the cap to float off the earthen dam; one of the reasons we 13 may have water coming in underneath the cap. So, our primary 14 recommendation before any -- before we go forward with any 15 real repairs is to look at the actual integrity of the cap and 16 to look at where the voids are. And, fortunately, in the 30 17 years that we did that last inspection, technology's come a 18 long way. One of the things you see before you in the 19 proposed proposal is to do an NDT, a nondestructive testing 20 method, where we don't have to drill holes in the cap. We 21 basically run a ground-penetrating radar machine across the 22 surface of the dam. It will tell us where the voids and where 23 the cracks beneath the cap are, so we can actually target 24 where to pump the grout beneath the cap without having to do 25 major repairs. And that's really where -- that's really the 2-12-07 51 1 gist of our -- of our letter. 2 Several options that you can do here. First of all, 3 do nothing. Do no repairs; leave it as it is. There may be 4 extreme expenses down the road if we don't do something. The 5 second option is to go through a bidding -- competitive 6 bidding process. The Engineering Act mandates that if it's 7 over $25,000 of expenses, then we need to go out for 8 competitive bid on the particular project. And then the third 9 option would be to break the project into several different 10 phases, and it's really sort of the recommendation that I'd 11 like to make to you here, that we break this into several 12 phases, and we begin with the nondestructive testing and the 13 survey of the -- the dam to further assess exactly what type 14 of damages is there and what type of process we need to 15 address to fix it. I don't think either one of those are 16 extremely expensive. 17 We estimate that the nondestructive testing of the 18 dam should cost less than 15,000 for sure. Surveying should 19 probably be on the order of less than 3,000 or 4,000 as well. 20 And then we would have some sort of fee for -- for observing 21 and supervising those -- those operations, and then making a 22 recommendation for a construction or a repair phase that would 23 come further down the road. And what that might be, we just 24 don't know until we have a further idea of how much damage 25 there is beneath the cap. So, our recommendation at this 2-12-07 52 1 point is to move forward with doing the nondestructive 2 ground-penetrating radar assessment of the dam. We look at 3 the problems, and then we make a recommendation on what needs 4 to be done to fully repair the cap with grouting or some other 5 process based on the testing results. 6 COMMISSIONER WILLIAMS: I -- 7 COMMISSIONER BALDWIN: Do you -- 8 COMMISSIONER WILLIAMS: Go ahead, Commissioner. 9 COMMISSIONER BALDWIN: Radar assessment? Was that 10 the term you used? 11 MR. SCHUSTER: Right, assessment. 12 COMMISSIONER BALDWIN: May I use "X-ray"? 13 MR. SCHUSTER: Sure, absolutely. 14 COMMISSIONER BALDWIN: Thank you. When you X-ray, 15 you keep talking about -- using the word "cap." 16 MR. SCHUSTER: Yes, sir. 17 COMMISSIONER BALDWIN: Now, is that -- are you 18 referring to the concrete hull over the whole thing? Or just 19 the cap on the top? 20 MR. SCHUSTER: No, sir, the concrete hull over the 21 earthen dam. Beneath the dam is an earthen dam. 22 COMMISSIONER BALDWIN: Right. 23 MR. SCHUSTER: And so the impoundment is basically 24 made of clay and dirt, and it has got about a 6-inch concrete 25 cap over the entire thing. Part of the integrity problem is 2-12-07 53 1 that water's washed underneath and started washing some of the 2 earth out. 3 COMMISSIONER BALDWIN: Same thing that happened -- 4 MR. SCHUSTER: 30 years ago. 5 COMMISSIONER BALDWIN: -- 30 years ago. 6 MR. SCHUSTER: Yes, sir. 7 COMMISSIONER BALDWIN: And what -- what was -- what 8 did the County do back then? 9 MR. SCHUSTER: At this point, it's unclear. I need 10 to see what you have in your records, because we were not 11 hired to supervise the work, to do the work, to do the 12 grouting. But somebody did do the grouting. It's obvious 13 that that was done, and that's one of the reasons we're 14 recommending that nondestructive testing with the radar 15 penetration of the cap, to see if we can assess where the 16 damage is and where the -- the grout has been put in place 17 previously. Because one of the dangers is that the grout may 18 actually float the cap off the earthen dam, and we want to 19 prevent that from happening. 20 COMMISSIONER BALDWIN: I think you'll find that 21 Slumberjet actually did it. 22 MR. SCHUSTER: Okay. 23 COMMISSIONER WILLIAMS: I believe that's correct. 24 MR. SCHUSTER: And if that's correct, we 25 certainly -- 2-12-07 54 1 COMMISSIONER WILLIAMS: There is some data or some 2 documents available at Road and Bridge; I think there's a file 3 out there with respect to what Slumberjet did back whenever it 4 did it. There are a couple questions, however, Stefan, I 5 really want to ask -- 6 MR. SCHUSTER: Yes, sir. 7 COMMISSIONER WILLIAMS: -- with respect to this 8 project. You talk about the upstream concrete slab could be 9 evaluated if the reservoir could be lowered temporarily to 10 allow access to the testing equipment. What the testing 11 equipment would be doing, absent lowering the -- the level of 12 the lake, would be to take a look at the downstream side and 13 the top; is that correct? 14 MR. SCHUSTER: Correct. That is correct. 15 COMMISSIONER WILLIAMS: And we would not be 16 assessing any of the integrity of the upstream wall? 17 MR. SCHUSTER: We would be able to assess probably 18 the first 5 or 10 feet of the upstream wall, but in order to 19 get at the very base, we would need to -- to move the water 20 off the dam a little bit. 21 COMMISSIONER WILLIAMS: So, it would require 22 lowering the level of the lake all the way to the bottom to do 23 that, or what? 24 MR. SCHUSTER: In order to do the front side of the 25 dam, we would have to -- and we could do it in stages, where 2-12-07 55 1 we could actually sandbag a portion of the river and then just 2 move across as we do the testing. But -- 3 COMMISSIONER WILLIAMS: In your considered opinion, 4 would that be a necessary thing to do? 5 MR. SCHUSTER: It would be the best thing to do, 6 yes, and -- 7 COMMISSIONER WILLIAMS: Well, "best" -- 8 MR. SCHUSTER: It would be necessary, yes, sir. 9 COMMISSIONER WILLIAMS: In order to get the full 10 integrity, and that's really what we're after here, is -- the 11 idea is to find out exactly how damaged the cap may be or what 12 the structure underneath is. 13 COMMISSIONER BALDWIN: I agree with him, that needs 14 to be done. If you're going to X-ray the dam, X-ray the dam. 15 COMMISSIONER WILLIAMS: I don't -- I'm not arguing 16 that. 17 COMMISSIONER BALDWIN: Got to figure out how to 18 drain the lake. 19 COMMISSIONER WILLIAMS: Exactly. 20 COMMISSIONER LETZ: Does your cost estimate include 21 X-raying the entire dam? 22 MR. SCHUSTER: Yes, sir. That's -- 23 COMMISSIONER LETZ: Both sides and the top? 24 MR. SCHUSTER: Yes, sir. 25 COMMISSIONER LETZ: But it doesn't -- or does it 2-12-07 56 1 include anything for figuring out how to lower the lake? 2 MR. SCHUSTER: We can certainly -- we would 3 certainly figure that out. And I think -- 4 COMMISSIONER LETZ: We know how to do it; it's just 5 a matter of doing it. 6 MR. SCHUSTER: Right. 7 COMMISSIONER LETZ: 'Cause we think the plug's under 8 a lot of gravel and mud. 9 MR. SCHUSTER: Absolutely. No, I -- we would 10 certainly make a recommendation on how to do that, and I think 11 that's certainly something that could be done in the first 12 phase. 13 COMMISSIONER WILLIAMS: But that would be 14 incorporated into the -- into the fees that you're -- that you 15 believe would be appropriate? 16 MR. SCHUSTER: Yes, sir. 17 COMMISSIONER WILLIAMS: Based on the proposal of 18 January 23? 19 MR. SCHUSTER: Exactly. 20 COMMISSIONER WILLIAMS: Okay. A couple other 21 questions come to mind. You talk about the firm being 22 selected -- NDT firm would be selected and engaged by us. 23 That would be a separate contract? 24 MR. SCHUSTER: Yes, sir. 25 COMMISSIONER WILLIAMS: Actual survey performed by a 2-12-07 57 1 firm engaged by Kerr County Commissioners, talking about 2 establishing survey requirements for the layout of the work. 3 That's a separate firm, or is that the same firm? 4 MR. SCHUSTER: It's usually a separate firm, and we 5 prefer to use somebody local. I'm sure there's some -- 6 there's a surveying firm here in Kerr County that can do it at 7 an affordable rate. It's really just a matter of grading the 8 dam so that they'd be able to know where to go. 9 COMMISSIONER WILLIAMS: Item 6 talks about 10 coordinating additional investigative procedures if supporting 11 soils are deemed incapable. Those investigations would be by 12 firms engaged by the Court. That would be, again, a separate 13 firm? 14 MR. SCHUSTER: Yes, sir. 15 COMMISSIONER WILLIAMS: Item 8, observe all concrete 16 repairs performed by a contractor engaged by Kerr County. 17 That would be the actual repair, and that obviously would be a 18 separate firm? 19 MR. SCHUSTER: That's correct. 20 COMMISSIONER WILLIAMS: Okay. 21 MR. SCHUSTER: And that's where I'm making the 22 recommendation we break it into phases and do an assessment 23 phase to look at the dam, the nondestructive testing, the 24 survey, and the overall management of that process. And then 25 take the Phase II in terms of the construction, what needs to 2-12-07 58 1 be done to fix it. 2 COMMISSIONER LETZ: I wouldn't see how you could do 3 it any other way. I don't see how you can fix it without 4 knowing where the problems are. 5 MR. SCHUSTER: Right. 6 COMMISSIONER WILLIAMS: Can't. 7 COMMISSIONER OEHLER: Ain't going to work. 8 COMMISSIONER WILLIAMS: No. 9 COMMISSIONER LETZ: So, it's -- to me, it has to be 10 a two-phase project. 11 COMMISSIONER BALDWIN: And along with that, back 12 when we did it before, in the mid-1800's I believe, I just 13 happened to be a County Commissioner here, and we did Ingram 14 Dam at the same time and X-rayed it, and actually found larger 15 cavities out there than we did at -- 16 COMMISSIONER WILLIAMS: Flat Rock. 17 COMMISSIONER BALDWIN: -- Flat Rock Dam. So, may 18 want to consider at least X-raying Ingram Dam while you're 19 there. 20 COMMISSIONER LETZ: Is there any economy to doing 21 two dams at once? 22 MR. SCHUSTER: Absolutely, but particularly with 23 this firm, since they're out of state. They're considered the 24 best in the business. I did ask that question of why we would 25 use some somebody from Colorado, but they really are the best 2-12-07 59 1 in the business. And in terms of the technology being 2 available in the state of Texas, the University of Texas 3 certainly has ground-penetrating radar capabilities, but they 4 do not have the expertise of having done that on dams. So, I 5 think in terms of efficiencies, bringing an out-of-state firm 6 in to do the work that specialize in that work would certainly 7 add efficiency to have them do two dams while they're in the 8 county. 9 COMMISSIONER OEHLER: Only thing I can say about it, 10 the timing is off. I would -- I remember very well the last 11 time that we lowered the level of Ingram Dam -- Ingram Lake, 12 it was done during the spawn. 13 COMMISSIONER BALDWIN: Yeah. 14 COMMISSIONER OEHLER: And the Bass Club did not like 15 that very much. So, that needs to be done as a wintertime 16 project, like November-December. 17 COMMISSIONER BALDWIN: I agree. 18 COMMISSIONER OEHLER: In my opinion, I think you 19 have the same problems in both lakes. 20 COMMISSIONER WILLIAMS: In terms of lowering the 21 lake? 22 COMMISSIONER OEHLER: Lowering it or draining it, 23 wherever -- whatever you're going to do to it. You need to do 24 that in a non-spawn time of the year. 25 COMMISSIONER BALDWIN: Off-season. 2-12-07 60 1 COMMISSIONER OEHLER: And that preferably, I 2 believe, would be November, December, January, but no later 3 than the first of February. Need to be completed and filled 4 back up by the first of February. 5 COMMISSIONER BALDWIN: Yeah, he's right. 6 COMMISSIONER WILLIAMS: Well, we have before us a 7 proposal for Freese and Nichols. I've asked the County 8 Attorney to tell me whether or not we could proceed on the 9 basis of an engagement of Freese and Nichols to do the work 10 that's outlined in the letter. Did you concur with me? I 11 believe you did. 12 MR. EMERSON: Yes, sir. 13 COMMISSIONER WILLIAMS: Okay. And while there's not 14 a -- a quote of price in Mr. Schuster's letter, there is an 15 Attachment C which details a number of hours his firm would be 16 doing these various functions for Kerr County. And I forgot 17 what the total was, but at -- at the rate that I know to be 18 their -- their current rate, it would be something under 19 $18,000 to get the scope of work underway that's detailed in 20 this letter. 21 COMMISSIONER LETZ: But that does not include the 22 survey work. 23 COMMISSIONER WILLIAMS: No, we'd have to get a price 24 on the survey -- on the -- 25 MR. SCHUSTER: We'd have to get the final pricing, 2-12-07 61 1 but I believe that that's -- the 18,000 is in the ballpark. 2 Should be close. It does not include the construction or 3 repairs. 4 COMMISSIONER LETZ: Right, okay. Everything up to 5 that point. 6 COMMISSIONER WILLIAMS: The NDT work is included in 7 the 18? 8 MR. SCHUSTER: Yeah. 9 COMMISSIONER WILLIAMS: Oh, that's better yet. 10 Okay. But that's not for two dams. 11 MR. SCHUSTER: That's not for two dams, no, sir. 12 COMMISSIONER WILLIAMS: So, might have to be some 13 adjustment to that. 14 MR. SCHUSTER: That's right. 15 JUDGE TINLEY: How long do you think it might take 16 you to get some reasonable idea of what the efficiency to be 17 gained would be if we did the Ingram Dam at the same time? 18 MR. SCHUSTER: Potentially by the end of the week. 19 COMMISSIONER LETZ: Judge, based on the -- the 20 timing that Commissioner 4 brought up, why don't we -- we can 21 enter into -- if we need to enter into it today, we can enter 22 into it and get the ball rolling. That gives you time to get 23 the surveying done as it can get worked in. You can do -- we 24 can figure out how we're going to get that plug pulled, which 25 is not going to be an easy task in Flat Rock, I know. I'm not 2-12-07 62 1 sure about Ingram. 2 COMMISSIONER OEHLER: It's not bad in Ingram. 3 COMMISSIONER LETZ: Ingram's not -- 4 COMMISSIONER OEHLER: Ingram's used to doing it. 5 COMMISSIONER LETZ: Because I think it's going to 6 take a little bit of diving to even find it at Flat Rock, as I 7 recall. 8 COMMISSIONER WILLIAMS: Probably take some diving 9 and digging. 10 MR. SCHUSTER: Yeah. Even in the 1978 report, it 11 said it had been inoperable for several years. So -- 12 COMMISSIONER LETZ: So, there's a lot of work to be 13 done -- done that's got to be done. And, you know, even 14 though we're not doing the major work until next winter, it 15 certainly would make sense to start on it out of this budget 16 year. It's coming out of dedicated funds, as Commissioner -- 17 Commissioner Williams -- 18 JUDGE TINLEY: And we would have the option, as it 19 gets more information, to go ahead and do some add-on while 20 these people are either en route or the other processes are 21 being done. 22 COMMISSIONER LETZ: We certainly don't want to have 23 this same discussion about the same time next year. 24 COMMISSIONER OEHLER: Mm-hmm. 25 COMMISSIONER WILLIAMS: Commissioner Oehler, you 2-12-07 63 1 talk about protecting the spawning season, and I appreciate 2 that. What would be the earliest, based on the spawning 3 season of spring, that we could begin to get into the work? 4 In the summertime? 5 COMMISSIONER OEHLER: Summertime, but then that -- 6 that's recreation time. 7 COMMISSIONER WILLIAMS: That's true. 8 COMMISSIONER OEHLER: That doesn't work in my 9 precinct at all. 10 COMMISSIONER WILLIAMS: Well, it doesn't work here, 11 too, as to -- because we have two parks, people who are here 12 for recreation at two separate parks. 13 COMMISSIONER OEHLER: Right. 14 MR. SCHUSTER: And there may be ways -- I'm 15 certainly no expert, but there may be ways to actually clear 16 the dam with some mechanical ways without actually draining 17 the lake, to where we build a barrier of some sort, or have 18 another way to be able to block the lake without totally 19 lowering the lake level. So, that -- that might be another 20 option. 21 COMMISSIONER LETZ: They don't have waterproof X-ray 22 equipment that they can slide on the surface with divers? 23 MR. SCHUSTER: Well, certainly one of the problems 24 is they're using ground-penetrating radar, and that surface 25 interface with the water will give a different signal, so it 2-12-07 64 1 is part of needing to get the water off the top of the 2 concrete. 3 COMMISSIONER LETZ: If they were really good, they 4 could probably figure out a way to do it. 5 MR. SCHUSTER: Yes, sir, I absolutely agree with 6 that. Totally agree with that. Also have a great sense of 7 confidence that if Slumberjet did the previous repairs, that's 8 good. 9 COMMISSIONER LETZ: Certainly not a unique problem. 10 Now, the cost might get prohibitive going underwater, but I 11 would suspect there's probably equipment available. 12 MR. SCHUSTER: And it's not a huge portion -- on 13 Flat Rock Dam, it's not a huge portion of the dam that would 14 need to be surveyed underwater, so it may not be a problem, I 15 agree. 16 COMMISSIONER WILLIAMS: I had asked the Auditor's 17 office to take a look and see where we could find $18,000, 18 'cause this certainly is not a budgeted item, and the repairs 19 are not budgeted either, and we've identified Account Number 20 22, which is a -- a Flood Control account in which there are 21 currently about -- unencumbered, about $78,000. So, there is 22 sufficient funds available in that account where we could get 23 this work underway, and if the Court is of a mind to do that, 24 I also asked the Auditor to prepare a budget amendment, which 25 we take can take up at the proper time to do that. 2-12-07 65 1 COMMISSIONER LETZ: So, what do we need to do today, 2 or next meeting, whenever? 3 COMMISSIONER WILLIAMS: Well, I think probably 4 today, I would ask the Court to -- I'd like to make a motion 5 to approve the scope of work as outlined in the proposal from 6 Freese-Nichols to get this thing underway, and determine what 7 is going to be required in terms of -- of estimating our 8 damage that is to be repaired. I would amend my original 9 proposal from just Flat Rock Lake to include Ingram Dam as 10 well, and that would be the sense of the motion. 11 COMMISSIONER LETZ: Second. 12 JUDGE TINLEY: We have a motion and a second for 13 approval of the agenda item, to include Ingram Dam also. Any 14 question or discussion on that motion? 15 COMMISSIONER WILLIAMS: The County Attorney has 16 something. 17 MR. EMERSON: We may have an issue if we get over 18 25,000, gentlemen. 19 COMMISSIONER OEHLER: That's what I'm -- 20 COMMISSIONER WILLIAMS: Well, yeah, there's no 21 question about that. 22 JUDGE TINLEY: Do you want to back off on your 23 motion to just do Flat Rock at this point? 24 COMMISSIONER LETZ: Why don't we bring it back next 25 meeting? 2-12-07 66 1 COMMISSIONER WILLIAMS: Yeah, I can -- I can just 2 have it done as Flat Rock and then get the estimate, and then 3 we'll see where that takes us. Will that work? 4 COMMISSIONER LETZ: The reason I say next -- this -- 5 the letter we have goes all the way through the repair cycle. 6 Clearly, we're only doing -- this may be, you know, confusing 7 in the future. We really only are going down through Step 4. 8 MR. SCHUSTER: Right. 9 COMMISSIONER WILLIAMS: Right now. 10 COMMISSIONER LETZ: Why don't we get a new letter 11 next week that we can -- that does exactly what we're going to 12 do, and at that time they can have time to look at Flat Rock 13 and get an idea if we can do it all at one time, rather 14 than -- 15 COMMISSIONER WILLIAMS: That's okay. Can you do 16 that for me, Stefan? 17 MR. SCHUSTER: Absolutely, no problem. 18 COMMISSIONER OEHLER: Because it's got to stay under 19 25,000 or we're going to have to go out for proposals. 20 COMMISSIONER WILLIAMS: Okay, that's fine. 21 MR. SCHUSTER: Be happy to do that. 22 COMMISSIONER LETZ: I withdraw my second. 23 COMMISSIONER WILLIAMS: I withdraw the motion. 24 JUDGE TINLEY: Okay. 25 COMMISSIONER BALDWIN: Okay. Or, being that Flat 2-12-07 67 1 Rock Dam affects the new city park, I'd -- I'll bet you that 2 they'll want to participate in the cost of this thing. 3 COMMISSIONER WILLIAMS: I bet they will, 4 particularly on the repair side. 5 COMMISSIONER BALDWIN: Yeah, absolutely. This is -- 6 this is really exciting; you see government working together. 7 COMMISSIONER WILLIAMS: I see that as a great 8 potential. 9 COMMISSIONER LETZ: Especially if it gets lowered 10 during their peak time. 11 COMMISSIONER BALDWIN: May want to think about that. 12 COMMISSIONER WILLIAMS: It has crossed my mind. 13 JUDGE TINLEY: Okay. Do we have anything else to 14 offer in connection with Item 8? 15 COMMISSIONER WILLIAMS: No, Judge. I'll wait for 16 Stefan's revised letter. 17 MR. SCHUSTER: Thank you. 18 COMMISSIONER WILLIAMS: I'll put it back on the 19 agenda for next meeting. 20 JUDGE TINLEY: Thank you, sir. 21 MR. SCHUSTER: Thank you. 22 COMMISSIONER WILLIAMS: Thank you for coming out, 23 Stefan. Appreciate it. 24 MR. SCHUSTER: No problem. 25 JUDGE TINLEY: At this time, I will recess the 2-12-07 68 1 Commissioners Court meeting, and I will open a public hearing 2 concerning the revision of plat for Lots 5 and 6 in Shalako 3 Estates Addition as set forth in Volume 5, Page 66, Plat 4 Records, and located in Precinct 4. 5 (The regular Commissioners Court meeting was closed at 10:19 a.m., and a public hearing was held in open 6 court, as follows:) 7 P U B L I C H E A R I N G 8 JUDGE TINLEY: Is there any member of the public 9 that wishes to be heard with regard to the revision of plat 10 for Lots 5 and 6 in Shalako Estates Addition, as set forth in 11 Volume 5, Page 66, Plat Records of Kerr County? Seeing no one 12 to come forward, I will close the public hearing on that 13 particular item. 14 (The public hearing was concluded at 10:19 a.m., and the regular Commissioners Court meeting was 15 reopened.) 16 - - - - - - - - - - 17 JUDGE TINLEY: And I will open a public hearing 18 concerning the revision of plat for Lot 96 of Kerrville South, 19 Section II, as set forth in Volume 4, Page 64 of the Plat 20 Records of Kerr County, and located in Precinct 1. 21 (The regular Commissioners Court meeting was closed at 10:20 a.m., and a public hearing was held in open 22 court, as follows:) 23 P U B L I C H E A R I N G 24 JUDGE TINLEY: Is there any member of the public 25 that wishes to be heard concerning the revision of plat for. 2-12-07 69 1 Lot 96 of Kerrville South, Section II, as set forth in Volume 2 4, Page 64, Plat Records of Kerr County? Seeing no one coming 3 forward, I will close that public hearing, and I will 4 reconvene the Commissioners Court meeting of this date. 5 (The public hearing was concluded at 10:20 a.m., and the regular Commissioners Court meeting was 6 reopened.) 7 - - - - - - - - - - 8 JUDGE TINLEY: And we will go back to Item 6 on our 9 agenda and receive a report from -- from the County Clerk of 10 the status of the of investments made under Section 887(b) of 11 the Texas Probate Code. 12 MS. PIEPER: Gentlemen, this is just a report that I 13 am required to give once a year. This just shows the amount 14 of investments, interest paid, the total balance to-date, the 15 name of the depository, and the type of investments on each of 16 the accounts. 17 JUDGE TINLEY: Other than giving us the report, do 18 you need the Court to take any formal action acknowledging 19 receipt of the report? 20 MS. PIEPER: No, sir. 21 JUDGE TINLEY: Thank you for your report, ma'am. 22 MS. PIEPER: Thank you. 23 JUDGE TINLEY: Let's go to Item 7, if we might, to 24 change the name of the Kerr County Collections Department. 25 Mr. Alford? 2-12-07 70 1 MR. ALFORD: Yes, sir. Over the last six months to 2 a year, especially through the tax season, our department has 3 apparently created a lot of confusion with the taxpayers 4 coming in trying to pay their taxes in our department, because 5 of the "collections" part of it. We had a gentleman come in 6 last week, wanted us to foreclose on a house and collect his 7 back rent for him; numerous other situations throughout the 8 year. Talked to the County Attorney's office, talked to the 9 Office of Court Administration in Austin. And throughout the 10 state, you're seeing departments that actually physically do 11 not collect the money getting away from the "Collections 12 Department," because under the Code of Criminal Procedures, 13 our department is not allowed to collect money. For that 14 reason, they're starting to come up with -- Judicial 15 Compliance, Court Compliance, Court Enforcement are mainly 16 about the top three or four. So, we come to y'all today to 17 see if we should change our name just to stop the confusion, 18 or what we should do. 19 JUDGE TINLEY: Get the term "collections" out of 20 there, huh? 21 MR. ALFORD: At this point, yes, sir. 22 COMMISSIONER BALDWIN: I think "Court Enforcement" 23 could be confused with "Code Enforcement." 24 MR. ALFORD: Yes. 25 COMMISSIONER BALDWIN: Which is another department, 2-12-07 71 1 so I'm scratching that one. 2 COMMISSIONER LETZ: I like "Judicial Compliance." 3 COMMISSIONER BALDWIN: I do too. 4 COMMISSIONER WILLIAMS: I do too. 5 MR. ALFORD: That's fine. We thought about -- our 6 top one was Court Compliance, keeping us in with the courts 7 and compliance to their orders. That was kind of our -- our 8 pick. 9 COMMISSIONER BALDWIN: Court Compliance. 10 COMMISSIONER LETZ: I'll make a motion we change the 11 name of Kerr County Court Collections to Kerr County Court 12 Compliance. 13 COMMISSIONER OEHLER: I'll second it. 14 JUDGE TINLEY: Motion made and seconded as 15 indicated. Any question or discussion on the motion? 16 COMMISSIONER BALDWIN: Now, we're going to all get 17 jackets and T-shirts and bumper stickers? 18 MR. ALFORD: And that's something else. This 19 probably won't go in effect anytime soon because of business 20 cards, letterheads, envelopes. Whenever that runs out, as it 21 runs out, then we'll change it over. I don't want to spend 22 the money to do everything at once. 23 COMMISSIONER BALDWIN: Why don't you give us a date 24 when that's going to happen? What month are we in right now? 25 JUDGE TINLEY: Two. 2-12-07 72 1 MR. ALFORD: February. 2 COMMISSIONER BALDWIN: February. 3 COMMISSIONER LETZ: June 1? 4 COMMISSIONER BALDWIN: June 1? May 1? 5 MR. ALFORD: June 1, that's fine. 6 COMMISSIONER BALDWIN: June 1. 7 COMMISSIONER WILLIAMS: Put a sign on your door 8 first. 9 MR. ALFORD: Okay. Thank you, gentlemen. 10 JUDGE TINLEY: I've got a motion and a second as 11 indicated to change the name of Kerr County Collections to 12 Kerr County Court Compliance effective June 1. Any further 13 question or discussion? 14 COMMISSIONER LETZ: I can't figure why he gave us 15 choices. We chose a different one; he didn't like it. Why 16 didn't he just give us one choice? 17 MR. ALFORD: Always leave the door open. 18 JUDGE TINLEY: All in favor of the motion, signify 19 by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: That motion does carry. 24 MR. ALFORD: Thank you, gentlemen. 25 JUDGE TINLEY: Let's move to Item 10; consider, 2-12-07 73 1 discuss, and take appropriate action concerning revision of 2 plat for Lots 5 and 6 of Shalako Estates Addition, as set 3 forth in Volume 5, Page 66, Plat Records of Kerr County. 4 MR. ODOM: Yes, sir. The concept for this division 5 property was considered on December 19, 2006, and the owner 6 has proceeded as requested by the Court. Therefore, I 7 recommend the revision be accepted as presented. 8 COMMISSIONER OEHLER: So moved. 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 12; consider, discuss, and take appropriate action 18 concerning a revision of plat for Lot 96 of Kerrville South, 19 Section II, as set forth in Volume 4, Page 64, Plat Records of 20 Kerr County. 21 MR. ODOM: Yes, sir. Concept for this revision also 22 was done in December of '06. These lots currently share the 23 same well, but there's a public water system available. And I 24 recommend that you approve the concept to be done under the 25 alternate plat process. 2-12-07 74 1 COMMISSIONER BALDWIN: "Alternate plat process" 2 meaning what? 3 MR. ODOM: No preliminary. That we would -- 4 COMMISSIONER BALDWIN: What do we do about the water 5 issue? 6 MR. ODOM: The water issue is that they have water 7 there; that they can get the water. This situation was where 8 they -- he had a mother in there, and that she passed away. 9 And the father has been sent to a nursing home, I believe. 10 And the gentleman wants the option to sell this. There is a 11 community water system out there. 12 COMMISSIONER WILLIAMS: There's also a well shown, 13 isn't there? 14 MR. ODOM: There is a well, and that gentleman's on 15 the well. 16 COMMISSIONER BALDWIN: So, we don't have a shared 17 well. We did have a shared well. 18 MR. ODOM: You did have a shared well. 19 COMMISSIONER BALDWIN: And we still may, because we 20 had approved this before the new rules came in. Is that what 21 we're saying? 22 MR. ODOM: Well, we're saying that -- 23 COMMISSIONER BALDWIN: Is that what we're saying, 24 Letz? 25 COMMISSIONER LETZ: I'm still trying to figure out 2-12-07 75 1 how we get to a .84-acre lot. 2 MR. ODOM: I'm sorry, do what now? 3 COMMISSIONER LETZ: How we get to a lot that's less 4 than 1 acre. 5 MR. ODOM: Because when we presented this before, 6 that it was an easement, and he had to dedicate it to the 7 county, so therefore the lot was reduced back down from over 8 an acre-something to eight-tenths. 9 COMMISSIONER WILLIAMS: Would that be the 30-foot 10 right-of-way that's shown? Is that what you're talking about? 11 MR. ODOM: Well, that 30 foot is to the center of 12 the roadway. 13 COMMISSIONER WILLIAMS: Is that what you're talking 14 about? 15 MR. ODOM: Yes, sir, that's what I'm talking about. 16 COMMISSIONER LETZ: So, they own land -- 17 MR. ODOM: To the center of the roadway, and so he 18 had to give that up to the county, which reduced it less than 19 the 1 acre that we presented to the Court before. 20 COMMISSIONER LETZ: Okay. My other question is -- 21 COMMISSIONER BALDWIN: Let's answer my question 22 before we get off on a bunny trail. Did -- do we have a 23 shared well issue? Shared well issue? 24 MR. ODOM: Prior to this? Yes. 25 COMMISSIONER BALDWIN: After we vote to do this 2-12-07 76 1 thing today, will there be a shared well issue? 2 MR. ODOM: Should not be. 3 COMMISSIONER BALDWIN: Okay. 4 MR. ODOM: No, sir, because it will be somebody 5 other than a relative. 6 COMMISSIONER BALDWIN: I see. 7 MR. ODOM: And this was over 6 acres, which was 8 allowed a well. They didn't tie onto the water system. This 9 gentleman is going to keep his place, which he wants to do, 10 and to sell the other one. And it's to be not a family 11 member, but it will be -- another person will buy this, and 12 they will not share that well. 13 COMMISSIONER BALDWIN: I remember this now. 14 COMMISSIONER WILLIAMS: Which one is being kept and 15 which one is being sold? 16 MR. ODOM: The residence, I believe, is the bigger 17 tract, the 5-acre. 18 COMMISSIONER WILLIAMS: Okay. 19 MR. ODOM: And the smaller is the one that the 20 mother was in. 21 COMMISSIONER WILLIAMS: Is the smaller one -- has 22 that residence been hooked up to the public water system out 23 there? 24 MR. ODOM: No, sir, because it's vacant. 25 COMMISSIONER BALDWIN: It's just raw land. 2-12-07 77 1 MR. ODOM: Just raw land. 2 COMMISSIONER WILLIAMS: Okay. 3 COMMISSIONER LETZ: The -- I guess if -- I vaguely 4 remember talking about that .16-acre, but I also thought that 5 we were going to reduce the 5.13-acre tract .3 acre to get 6 them as close as we could to 1 acre, an actual 1-acre lot, and 7 a -- 8 MR. ODOM: I believe that you're referring that to a 9 different -- 10 COMMISSIONER LETZ: A different one? 11 MR. ODOM: 30 -- out 30 -- 27, which is the Bar S 12 situation. 13 COMMISSIONER LETZ: Different one, okay. 14 MR. ODOM: We brought a lot in together. This was 15 one that we discussed, but we discussed the fact that the 16 individual's mother had passed away and he was wanting to sell 17 that, you know, and just keep the larger part for himself. 18 COMMISSIONER LETZ: And the other one is a -- I know 19 it's a picky point, but I'm really quite confused as to how 20 the same surveying company could get it right on one and not 21 right on the other; talking about "replats," which we don't do 22 in this county. We do revisions of plats. And we have made 23 other surveyors go back and correct that. The other one's 24 right, same company. 25 MR. ODOM: The other one's right. I'm sorry, I 2-12-07 78 1 missed that one. It's only 12 of them that I had at one time, 2 so I missed this one. 3 COMMISSIONER LETZ: I mean, it's not a -- 4 MR. ODOM: But I do wish to say that in the English 5 language, the word "replat" is acceptable in the English 6 language. 7 COMMISSIONER LETZ: But it's not in our Subdivision 8 Rules; it's not a defined term. 9 MR. ODOM: That is -- that is -- it depends which 10 one we're talking about. 11 COMMISSIONER LETZ: Or state law. 12 JUDGE TINLEY: Is it in the official A & M 13 dictionary, Leonard? 14 MR. ODOM: Sir, it's about one page long. 15 (Laughter.) There's two pages -- there's two pages now, but 16 that's 30 years after the fact when I left. 17 JUDGE TINLEY: Okay. 18 MR. ODOM: I believe that the person tried to make 19 this work. And the well's on the 5 acres, and the other would 20 be -- would be a community water system. 21 COMMISSIONER LETZ: I think -- I don't have a 22 problem with doing it. I'm wondering -- looking at Rex -- our 23 rules require a 1-acre minimum. This will -- even though 24 there's a reason here, and the part of the land that we're 25 allowing is under the road, wouldn't this require a variance? 2-12-07 79 1 I mean, 'cause it doesn't meet our rules. 2 MR. EMERSON: Yes, sir. 3 COMMISSIONER LETZ: I don't have a real problem with 4 it, but talking about -- you know, about doing it that way, 5 but I think we need to say there is a variance. 6 COMMISSIONER BALDWIN: I agree that it does -- does 7 require a variance. Can we deal with the variance under this 8 agenda item? 9 JUDGE TINLEY: Part of the approval process would be 10 granting a variance. 11 COMMISSIONER BALDWIN: I move that we approve this 12 agenda item and grant a variance from the 1-acre rule, and 13 that the concept be approved under the alternate plat process, 14 upon the recommendation of the Road Administrator. 15 MR. ODOM: I recommend that. 16 COMMISSIONER LETZ: Second. If I can make a -- I'll 17 second. Then I'll make a quick comment. 18 JUDGE TINLEY: I have a motion and a second as 19 indicated. Question or discussion? 20 COMMISSIONER LETZ: And they'll change the verbiage 21 on the plat? 22 MR. ODOM: I will get with Mr. Brandenberg. 23 JUDGE TINLEY: Any further question or comment? All 24 in favor of the motion, signify by raising your right hand. 25 (The motion carried by unanimous vote.) 2-12-07 80 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: That motion does carry. Let's move 4 to Item 13. Consider, discuss, and take appropriate action to 5 approve revision of plat for Lot 124B and 131A of Falling 6 Water, located in Precinct 3. Mr. Odom? 7 MR. ODOM: Yes, sir. The public hearing for this 8 revision was done on January the 8th, 2007, and Rex Emerson 9 was asked to give his opinion on whether it met the O.S.S.F. 10 regulations. The owner's combining two lots into one under 11 the alternate plat process. Enclosed is Rex Emerson's letter, 12 and it appears this meets all the requirements of Kerr County 13 Subdivision Rules and O.S.S.F. At this time, we ask that you 14 approve the revision of plat as presented. 15 COMMISSIONER LETZ: So moved. 16 COMMISSIONER BALDWIN: Second. 17 JUDGE TINLEY: Motion made and seconded for approval 18 of the agenda item. Any question or discussion? All in favor 19 of that motion, signify by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: That motion does carry. Item 14, 24 consider, discuss, and take appropriate action for concept 25 plan to revise Lot 14 in Tierra Vista as set forth in Volume 2-12-07 81 1 Number 4, Page 94, Plat Records, and located in Precinct 1. 2 MR. ODOM: You have -- this came in Monday, which 3 was late, but Truby put it on. And, I'm sorry, I have some -- 4 the data that you show shows 50-foot easement. I asked Lee to 5 do this. We had talked, I believe, in January, I think, 6 wasn't it, Lee? 7 MR. VOELKEL: Yes, sir. 8 MR. ODOM: In reference to doing this as a concept 9 to put it before the Court. This is in a private subdivision, 10 Aqua Vista out there; it's the back side of it. I questioned 11 when it was presented -- Wednesday is when I first saw this 12 last week -- of the 50 foot. Lee brought a new plat to me, 13 faxed it over, and it does show a 50-foot easement down 14 through Lot 13. You can see it was drawn in there, so there 15 was originally a road platted, 50-foot easement. It is 16 sealcoated; it is an existing road. It's been there since 17 1981, '82, when this was put together, and basically, it's 18 combining two pieces of property into one, which I don't have 19 a problem. There's a water system out there, and I wanted 20 your direction to Lee before we proceeded on. But -- 21 COMMISSIONER BALDWIN: The new piece of property 22 that's joining in is a part of this private subdivision? 23 MR. VOELKEL: No, sir, it's not. It's non-platted 24 land. It's -- 25 COMMISSIONER BALDWIN: It's outside the subdivision? 2-12-07 82 1 MR. VOELKEL: Outside the platted subdivision, yes, 2 sir. 3 JUDGE TINLEY: That's the piece that you're bringing 4 in? 5 MR. VOELKEL: That's correct. 6 JUDGE TINLEY: To become part of Lot 14, and the 7 part that you're bringing in has that 50-foot-wide easement 8 with the existing roadway on it? 9 MR. VOELKEL: That's correct, yes, sir. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER LETZ: Is the road staying? Is the 12 road going to stay there? 13 MR. VOELKEL: Yes, it's actually a private road 14 easement. It's being used as a driveway to access Lot Number 15 13, and then also the adjacent land to the -- which is owned 16 by the owner of Lot Number 13; Mr. Bob Dittmar owns that whole 17 tract. 18 MR. ODOM: That whole tract, mm-hmm. And why it 19 wasn't platted before, I don't know. That goes way back into 20 the '80's. But you have existing land, and part of that land 21 was unplatted. And why, I don't know, but it wasn't platted, 22 and it's just bringing it into it. 23 COMMISSIONER LETZ: No problem. Certainly, this 24 cleans it up. 25 MR. ODOM: It cleans it up. 2-12-07 83 1 COMMISSIONER BALDWIN: On behalf of my beagle and 2 her doctor, I move for approval. 3 COMMISSIONER WILLIAMS: Second. 4 JUDGE TINLEY: Motion made and seconded for approval 5 of the agenda item. Any question or discussion? All in favor 6 of that motion, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: That motion does carry. Item 15, 11 consider, discuss, and take appropriate action to approve 12 concept of Rockin Bar S, and located in Precinct 4. 13 MR. ODOM: Yes, sir. As you see, I have several 14 questions, and some of these have been basically answered. I 15 did send some of this information to Rex prior to so he would 16 not be caught on -- on any questions. But this property is 17 1169.58 acres off what we maintain as Love Ranch Road, which 18 is way out there in the far end of the county, almost at the 19 county line. This parcel was sold -- Truby -- there's a typo; 20 it says May of 2000, but it actually was signed -- this parcel 21 went off November the 8th of 2000, granting an access with a 22 1 1/2-mile road easement, 30-foot road easement between Love 23 Road and the property. The developer wishes to divide the 24 tract of land into five or fewer parcels. 25 I have several questions. Since the easement was 2-12-07 84 1 established before December the 11th, 2000, is it 2 grandfathered? That has been the guide which the Court's gone 3 by. Second, can we require the 1 1/2 miles of 30-foot 4 easement to his property be upgraded? The information I got 5 from the County Attorney was it was similar to J.J. Road, and 6 what we did there is that the -- this individual does not own 7 that property. It was given outside another person that owns 8 that property, so the 30 foot's already given. We did not 9 make them upgrade J.J. Lane, so I would assume, taking that 10 information and what was sent to me, that we could not make 11 them upgrade the road, so that question is already answered. 12 COMMISSIONER WILLIAMS: We did require additional 13 easement on J.J. 14 MR. ODOM: That's right, sir. But he owned that 15 property. 16 COMMISSIONER LETZ: Yeah. This is a different 17 situation, though. I mean, as I understand the J.J. Lane 18 situation, we have the authority to do it if it's 19 proportionate to the need of public good, essentially. 20 MR. ODOM: Right. 21 COMMISSIONER LETZ: And J.J. Lane, since there was 22 other access off Highway 27, the need was a little bit 23 questionable, whereas here, this is the only access. 24 MR. ODOM: Only access. 25 COMMISSIONER LETZ: What's the easement on the 2-12-07 85 1 county road, Love Road? How wide is it? 2 MR. ODOM: Probably a prescriptive easement. I know 3 of nothing that's in there, so prescriptive easement, we would 4 assume that it's out there running around 30 foot. 5 COMMISSIONER LETZ: Okay. 6 MR. ODOM: Neighborhood road. 7 COMMISSIONER OEHLER: It's paved all the way. 8 COMMISSIONER LETZ: It's a narrow -- 9 COMMISSIONER OEHLER: It's narrow. It's a narrow 10 road, not any wider than this 30 foot. 11 MR. ODOM: Yeah. 12 COMMISSIONER OEHLER: And basically access from 13 Highway 27, I-10 to the back gate of Y.O. Ranch. 14 MR. ODOM: Y.O. Ranch. 15 COMMISSIONER OEHLER: Love Ranch to the Burris' -- 16 MR. ODOM: The Burris boys lives at the back back 17 there, I believe. And we go all the way up to that fence 18 right there with that. 19 COMMISSIONER OEHLER: Mm-hmm. 20 MR. ODOM: And this comes directly off that and goes 21 west. 22 COMMISSIONER OEHLER: This all was a family division 23 originally, I believe. 24 MR. ODOM: Original, that's it. They were 25 intermarried -- the Loves and the Burrises were married, and 2-12-07 86 1 that's how this all -- 2 COMMISSIONER OEHLER: Exactly. 3 MR. ODOM: -- came together. 4 COMMISSIONER LETZ: Well, I mean, to me, clearly, 5 the -- I mean, clearly, the road has to get upgraded; the 6 easement road needs to meet our rules. 7 MR. ODOM: Say again? 8 COMMISSIONER LETZ: The easement road, the 9 1 1/2-mile stretch, needs to be upgraded to meet our rules, to 10 me. 11 MR. ODOM: 60 foot? 12 COMMISSIONER LETZ: Well, the road itself needs to 13 be upgraded. 14 MR. ODOM: Just the -- 15 COMMISSIONER LETZ: The easement. Boy, I tell you, 16 now's the time to get more -- more easement if it's possible. 17 But if it's not possible -- 18 MR. ODOM: Mark was here. 19 MR. SHERRON: I'm here. 20 MR. ODOM: I asked him -- I visited with him on the 21 phone, and he said they won't give it to him. 22 COMMISSIONER OEHLER: I encouraged him to try to do 23 that. He was -- he was going to hear back from them, but 24 evidently he wasn't able to get another 50 foot. 25 MR. ODOM: Under the 1.03, and that's the catch-all 2-12-07 87 1 that we catch, they could divide that land up, and we don't 2 have any guidelines by the statutes -- by state statutes. And 3 we have never actually said in our Subdivision Rules. Then 4 this would be at least -- the minimum is 150-foot-wide area, 5 minimum. I think it would be -- would go out to 200 in the 6 number of lots on it, because if you look at the number of 7 lots on 1,100 acres, you're talking about the possibility of 8 200 lots. So, that's a 90-foot right-of-way in an arterial. 9 COMMISSIONER LETZ: You lost me. 10 MR. ODOM: Well, I'm just saying that -- I'm saying 11 this narrow neck of land, we don't have anything -- they -- it 12 does -- there's no stipulation, so the 30 foot was given. And 13 so I don't know -- I don't have anything in the Subdivision 14 Rules that says that if you sell a piece of land under 1.03, 15 that you can do that. 16 COMMISSIONER LETZ: But they're putting in -- 17 MR. ODOM: They're only putting in five. 18 COMMISSIONER LETZ: They're putting this -- that 19 road, once you get inside the tract, it's got to be a 60-foot. 20 MR. ODOM: There's no problem with that. 21 MR. SHERRON: Right. 22 MR. ODOM: They understand that. 23 COMMISSIONER LETZ: Right. 24 COMMISSIONER OEHLER: From here to here, there's no 25 problem getting 60, I think. 2-12-07 88 1 COMMISSIONER LETZ: On the other part, if you can't 2 get it, you can't get it. But that's why we don't do it any 3 more; we don't allow the 30-foot easement any more, because it 4 creates bad situations. 5 COMMISSIONER OEHLER: I agree. 6 COMMISSIONER LETZ: But the road can be upgraded. I 7 don't know why that can't road can't be -- 8 MR. ODOM: Okay, that's the question. I felt -- 9 that was my judgment, that I felt that road needed to be 10 upgraded just like the other one. It's going to be an unpaved 11 private road. And that I see -- I did get one of my 12 questions; do I have the authority to look at that material? 13 I know that material out there is acceptable, 'cause Bob Love 14 gave us material there, so I know it's pretty good material 15 out there to build a road with. 16 COMMISSIONER LETZ: Makes sense to me. 17 COMMISSIONER OEHLER: Okay. 18 MR. ODOM: We can do this under the alternate plat 19 situation. I understand the Commissioner has no problem 20 there. 21 COMMISSIONER OEHLER: I have no problem with it. 22 Size of the -- the number of lots makes it possible, and also 23 the size, I believe. 24 COMMISSIONER LETZ: You can do the alternate plat? 25 MR. ODOM: Under five lots, and they're proposing 2-12-07 89 1 four lots, I believe. 2 MR. SHERRON: It will be four or five. Five or 3 less. 4 MR. ODOM: Mm-hmm. Alternate plat processes says if 5 it's under five lots, we can go alternate plat -- 6 COMMISSIONER WILLIAMS: Under five, or five or less? 7 MR. ODOM: Five or less. 8 COMMISSIONER OEHLER: Five or less. 9 MR. ODOM: What was presented to me was four lots. 10 Now, under that I did give you the 7.06 and 7.08, and which 11 Mark needs to know that that is to be an unpaved country lane. 12 And it will be -- 13 MR. SHERRON: Privately maintained. 14 MR. ODOM: And the restrictive covenants which he 15 said he's going to be putting in here shall be imposed on all 16 resulting tracts with frontage or access onto the unpaved 17 road, prohibiting any future resubdivision of any tracts into 18 lots smaller than 10 acres, unless first -- a road is first 19 constructed to county standards then in effect with paved 20 roads and accepted for maintenance by the County. No problem. 21 So, I put that in there to make sure that that was on record, 22 that if some of these other tracts subdivided, those 23 individuals are -- are to be upheld to a higher standard in 24 that road. It gets over eight lots. 25 COMMISSIONER OEHLER: I agree there. 2-12-07 90 1 MR. ODOM: And I can't do anything with 30 foot, but 2 they can upgrade that. You'll have to upgrade that 30-foot 3 easement there, that road there. 4 MR. SHERRON: To the county standards? 5 MR. ODOM: To the county standards. 6 MR. SHERRON: Being? 7 COMMISSIONER LETZ: Country lane. 8 MR. SHERRON: Country lane. 9 COMMISSIONER LETZ: Unpaved country lane. 10 MR. ODOM: Unpaved country lane. 11 COMMISSIONER LETZ: Be the same road standards, the 12 whole bit. 13 MR. ODOM: Same as what you're going to be doing 14 inside. 15 JUDGE TINLEY: I think, on country lane, in the -- 16 rather than specifying the certain type of material, there was 17 discretion given to the Road Administrator also, was there 18 not? 19 COMMISSIONER LETZ: Yes. Yes, there is. 20 MR. ODOM: Right. And since it's smaller drainage 21 and stuff like that, it's not needed as far as the drainage 22 study and all. 23 JUDGE TINLEY: Okay. 24 COMMISSIONER OEHLER: Well, I move that we approve 25 the agenda item, a concept of Rockin Bar S in Precinct 4. 2-12-07 91 1 COMMISSIONER WILLIAMS: Second. 2 JUDGE TINLEY: Motion made and seconded as 3 indicated. Any question or discussion? All in favor of the 4 motion, signify by raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: That motion does carry. Why don't we 9 take a recess at this point and come back in about 15 minutes, 10 and we'll get back at it. 11 (Recess taken from 10:45 a.m. to 11:03 a.m.) 12 - - - - - - - - - - 13 JUDGE TINLEY: Okay, let's come back to order, if we 14 might. We'll resume our Commissioners Court meeting. Let's 15 go to Item 16; consider, discuss, and take appropriate action 16 for the preliminary plat of Estates at Johnson Creek located 17 in Precinct 4. Mr. Odom? 18 MR. ODOM: Yes, sir. This has been before the Court 19 back in December as a concept. There are now two lots, 5-acre 20 lots, and one 2.61-acre lot with the existing house, well, and 21 septic, for an average of 4.74 acres. The road is to be a 22 privately maintained road. There are general notes here 23 saying all property owners shall mutually own and share in 24 common the wells, or any pre-existing wells. In accordance 25 with Kerr County Subdivision Rules and Regulations, the 2-12-07 92 1 subdivision is permitted up to four lots only. And it appears 2 that they have addressed all the concerns of the Court and 3 Headwaters. Therefore, I recommend the Court accept the 4 preliminary plat as presented. 5 COMMISSIONER OEHLER: And they just drilled a new 6 well; I saw it happen. 7 MR. ODOM: Sir? 8 COMMISSIONER OEHLER: They just completed a new 9 well. 10 MR. ODOM: There was a new well up above on the 11 5-acre. 12 COMMISSIONER OEHLER: Right. 13 MR. ODOM: And then there's a preexisting well on 14 the 2.61 acres. 15 COMMISSIONER OEHLER: Right. 16 MR. ODOM: And then Lot 2 has 5 acres, so should 17 they at any time in the future sell, that this individual can 18 have a well. They can share it under -- under previous... 19 COMMISSIONER OEHLER: I move we approve the 20 preliminary plat of Estates at Johnson Creek. 21 COMMISSIONER LETZ: Second. 22 JUDGE TINLEY: Motion made and seconded for approval 23 of the agenda item. Any question or discussion? All in favor 24 of that motion, signify by raising your right hand. 25 (The motion carried by unanimous vote.) 2-12-07 93 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. Item 17, 4 consider, discuss, and take appropriate action for preliminary 5 plat of Ranches on Sunset Ridge located in Precinct 3. 6 Mr. Odom? 7 MR. ODOM: Yes, sir. This is off Wilson Road there. 8 This subdivision contains 246.13 acres and has 10 lots, with 9 all lots being over 20 acres. The roads are to be built to 10 Kerr County standards for a local road to be maintained by the 11 County. Road profiles and road drainage have been submitted 12 to Wayne Wells for review. Mr. Wells will hopefully contact 13 our office before this meeting, and development should be able 14 to proceed. Since this time, Mr. Wells has gotten me a 15 letter. I sent this in -- this came before; this was 16 afterwards, that he really -- they -- there was no problems as 17 far as calculation profiles that were presented. There was 18 some suggestions, but there's nothing that would facilitate 19 not moving forward with any of it. It's maintenance type 20 comments. At this time, everything seems to be in order. 21 Therefore, I recommend this preliminary plat be accepted as 22 presented. 23 COMMISSIONER LETZ: I move approval. 24 COMMISSIONER BALDWIN: Second. 25 COMMISSIONER WILLIAMS: Second. 2-12-07 94 1 JUDGE TINLEY: Motion made and seconded for approval 2 of the agenda item. Any question or discussion? 3 COMMISSIONER LETZ: Quick question. This will be a 4 county road? 5 MR. ODOM: This will be a County-maintained road. 6 COMMISSIONER LETZ: Okay. 7 JUDGE TINLEY: Any other questions or comments? All 8 in favor of the motion, signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: The motion does carry. Item 18, 13 consider, discuss, and take appropriate action to remove 14 landscape entry for Deerfield Subdivision located in 15 Precinct 2. Mr. Odom? 16 MR. ODOM: Is this -- do I have another one? 17 COMMISSIONER WILLIAMS: Yeah, 18. 18 MR. ODOM: Oh, yes, sir. I'm sorry. You notice 19 where my mind was. This is in Precinct 1. 20 COMMISSIONER WILLIAMS: Precinct 2. 21 COMMISSIONER BALDWIN: Two. 22 MR. ODOM: Two. Some of the homeowners in Deerfield 23 Subdivision asked us to remove the landscaping and the road 24 right-of-way at the entry to their subdivision. We asked them 25 to circulate a petition to show that the majority of 2-12-07 95 1 homeowners are in favor of having it removed before we would 2 present it to the Court. There are 42 homes in the 3 subdivision. The petition was signed by 73; three refused, 4 and two could not be reached. This entry has a rock structure 5 and curbing with trees, posts, and grass, and sets in the 6 middle of a 100-foot road right-of-way. It's very wide right 7 there when you turn in, but right in the middle of it is this 8 obstruction. The roads in this subdivision are on the 9 sealcoat list for this year, so with your permission, we'll 10 remove everything and pave the area while we're working there. 11 You have a picture, I believe, that was with the agenda item, 12 and the petition that was sent around. 13 COMMISSIONER WILLIAMS: This is similar to the one 14 we had out of that little subdivision behind The Woods -- 15 MR. ODOM: Yes. 16 COMMISSIONER WILLIAMS: -- a few years back. 17 MR. ODOM: Few years, where the Sheriff's Department 18 ran into it and knocked it down. 19 COMMISSIONER WILLIAMS: And we took it down. 20 MR. ODOM: Right, and I fixed it back up. 21 COMMISSIONER WILLIAMS: Then I caught all sorts of 22 hell about it after that. 23 MR. ODOM: Yes, sir, you did. But it was 24 loving-type comments. 25 COMMISSIONER WILLIAMS: Move approval. 2-12-07 96 1 COMMISSIONER BALDWIN: Second. 2 JUDGE TINLEY: Motion made and seconded for approval 3 of the agenda item. Any questions or comments? 4 COMMISSIONER BALDWIN: So, after you get it down and 5 cleaned up -- which I agree 100 percent; it's sitting right in 6 the middle of road -- what are you going to do? Are you going 7 to -- 8 MR. ODOM: Asphalt it and sealcoat the thing so it 9 will -- 10 COMMISSIONER BALDWIN: Just be another -- 11 MR. ODOM: Well, there may be -- we may be able to 12 look at something with some buttons or something like that. 13 But that has -- you know, I'll have to -- I don't know if it 14 will be this budget year, but maybe into the next budget year, 15 or be painted. I might do that. 16 COMMISSIONER WILLIAMS: Striping it. 17 COMMISSIONER LETZ: So, you're going to make the 18 entrance -- the road entrance wider? 19 MR. ODOM: That's right, sir. Take this -- it is 20 difficult to turn in. It's not a problem going out, but it's 21 a -- it really swings you out to the right, and it's really 22 tight. So, if we do that, maybe I'll take a look at it, and 23 maybe there's some buttons we might put in there. I've 24 contemplated that, or maybe some striping. Buttons would be 25 better, less maintenance. 2-12-07 97 1 COMMISSIONER BALDWIN: Yeah, you got a little sight 2 distance issue past it up there if you're -- if you're coming 3 from town and turning left into there. 4 MR. ODOM: Right, sir. 5 COMMISSIONER BALDWIN: Little problem there. 6 MR. ODOM: Right. 7 COMMISSIONER BALDWIN: Okay, thank you. 8 THE CLERK: We have a motion and a second. 9 JUDGE TINLEY: Any further questions or discussion 10 on the motion? All in favor of the motion, signify by raising 11 your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: The motion does carry. We'll move to 16 Item 19; consider, discuss, and take appropriate action to 17 declare county property as surplus and authorize the disposal 18 of same through eBay. 19 COMMISSIONER BALDWIN: The eBay king, looky here. 20 MR. TOMLINSON: I -- you have a list before you, I 21 think. We just need to declare this list surplus, and I just 22 want approval from the Court to use this method to -- to sell 23 this property. I visited with the County Attorney, and he -- 24 he's okay with it. As far as requirements of the law, we've 25 done some research and found that other municipalities do 2-12-07 98 1 this. So -- 2 COMMISSIONER LETZ: The -- and the prices listed are 3 the minimums? 4 MR. TOMLINSON: Yes. 5 COMMISSIONER LETZ: Or reserve, whatever you call 6 it? 7 MR. TOMLINSON: Yes. 8 JUDGE TINLEY: Dealer reserves. 9 MR. TOMLINSON: Yes. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER WILLIAMS: Move approval. 12 COMMISSIONER LETZ: Second. 13 JUDGE TINLEY: Motion made and seconded for approval 14 of the agenda item. Any question or discussion? 15 COMMISSIONER LETZ: A question, just for 16 clarification purposes. Whenever the County has done this in 17 the past, and we -- we've conducted the bids, any County 18 employees that wanted to bid had to do some forms, or 19 something get filed, you know. If it's on eBay, is that a 20 requirement? Or -- 21 MR. TOMLINSON: I don't think so. 22 COMMISSIONER LETZ: It would not be? I mean -- 23 MR. EMERSON: It's not a direct purchase, per se. 24 You're going through an internet bidding organization. 25 COMMISSIONER LETZ: Okay. 2-12-07 99 1 JUDGE TINLEY: I guess the question is, what happens 2 if the reserve is not reached on one or more of these items? 3 We come back to square one? 4 MR. TOMLINSON: We've done what's required. 5 JUDGE TINLEY: Okay. 6 MR. TOMLINSON: And the ones that -- especially the 7 computer equipment, if it's not purchased, we'll recycle it 8 through the Recycle Center over at the city. 9 JUDGE TINLEY: Okay. And the others, you'll just 10 resell, say, as some sort of public venue, without reserve? 11 MR. TOMLINSON: Well, I think it's -- I think we can 12 -- I mean, if we can find -- if we can find other 13 municipalities or nonprofits that can use anything, we can -- 14 we have the right to -- we can donate it to those. 15 JUDGE TINLEY: Okay. 16 MR. TOMLINSON: We'll try that first. Leonard, you 17 had a question? 18 MR. ODOM: Yes, sir. I talked to a young man that 19 came by and was looking at our equipment. My understanding is 20 if we didn't hit the minimum reserve that we had, that I think 21 that we would have the right to change that reserve on eBay. 22 I don't -- 23 MR. TOMLINSON: I think we do. 24 MR. ODOM: And so, you know, we may not get exactly 25 what's there, but we can see -- that was the impression I got, 2-12-07 100 1 that there would be a discussion with Tommy and all, and -- 2 and with the departments on there, see where the highest bid's 3 at, and see how close. 4 JUDGE TINLEY: On an individual basis, you'd have 5 the discretion to sell below the stated reserve, then? 6 MR. ODOM: That's right. On eBay, you do that. I 7 mean, they change the bid all the time if they don't get their 8 reserves, so I don't see why we couldn't do the same thing. 9 We're not going to know who's bidding, anyway. We're just 10 going to have a -- 11 JUDGE TINLEY: Well, but my point is, you want to 12 get rid of this stuff and get it out of here. 13 MR. ODOM: Get it out. 14 JUDGE TINLEY: Yeah. Okay. 15 MR. TOMLINSON: Well, actually, on prior sales, 16 we've never had a minimum. 17 JUDGE TINLEY: Well, I didn't think so. 18 COMMISSIONER WILLIAMS: No, just take it out to the 19 Ag Barn and people make an offer. 20 MR. TOMLINSON: That's right. 21 MR. ODOM: But the problem was -- was $5 or $6 or 22 $10 for a piece of equipment, and that's -- that's not the 23 right thing to do. 24 JUDGE TINLEY: Well, but eBay's going to give you a 25 much broader market, so you're probably going to test the 2-12-07 101 1 market better. 2 MR. ODOM: That's right, sir. 3 COMMISSIONER WILLIAMS: What kind of residual does 4 eBay charge? 5 MR. TOMLINSON: I don't recall, Commissioner. It's 6 a percentage. 7 COMMISSIONER LETZ: I think it's a flat fee plus a 8 small percentage. So, I mean, as long as items bring 15, 20 9 or more dollars, it's -- it's negligible, but if you sell an 10 item for, like, a couple of dollars -- a dollar or something, 11 I think it becomes more -- percentage rate's pretty high. 12 MR. TOMLINSON: We have set it up that there's no 13 freight to the County. It's -- 14 JUDGE TINLEY: Yeah. 15 MR. TOMLINSON: -- as-is, where-is. 16 JUDGE TINLEY: Where is. Okay. 17 THE CLERK: I have a motion and a second. 18 JUDGE TINLEY: Any further question or discussion on 19 the motion? 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 does carry. Let's move to 25 Item 20; consider, discuss, and take appropriate action to 2-12-07 102 1 approve the contracts with Turtle Creek Volunteer Fire 2 Department, Comfort Volunteer Fire Department, Tierra Linda 3 Volunteer Fire Department, Elm Pass Volunteer Fire Department, 4 Center Point Volunteer Fire Department, Divide Volunteer Fire 5 Department, Hill Country CASA, K'Star, Dietert Claim, Big 6 Brothers and Sisters, Alamo Regional Transit contract, and 7 allow the County Judge to sign the same. I put this on the 8 agenda because we got these contracts stacked up here, and we 9 need to act on them. 10 COMMISSIONER WILLIAMS: Move approval. 11 COMMISSIONER BALDWIN: I'll second that. 12 JUDGE TINLEY: Motion made and seconded for approval 13 of the agenda item. Any question or discussion? 14 COMMISSIONER LETZ: And these are contracts that 15 have come back signed by the organizations -- these entities? 16 JUDGE TINLEY: Yeah. 17 COMMISSIONER LETZ: All right. 18 JUDGE TINLEY: Any other question or discussion on 19 the motion? 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: That motion does carry. Let's move 25 to Item 21, consider, discuss, and take appropriate action on 2-12-07 103 1 implementation of the burn ban. This is back up per the 2 90-day rollover provision. 3 COMMISSIONER LETZ: Move that we approve 4 implementing a burn ban, as we have previously done. 5 COMMISSIONER BALDWIN: Second. 6 COMMISSIONER LETZ: Same form. 7 COMMISSIONER OEHLER: And this is to implement the 8 Commissioners' right to make the choice? 9 COMMISSIONER LETZ: Right. 10 COMMISSIONER OEHLER: Thank you. 11 JUDGE TINLEY: Each Commissioner of each precinct 12 will have the option to implement or -- or remove it. 13 COMMISSIONER OEHLER: Yeah. 14 COMMISSIONER LETZ: This is -- I mean, we keep it on 15 year-round. 16 JUDGE TINLEY: Any other question or comment? We do 17 have a motion and second, don't we? 18 THE CLERK: Yes, sir. 19 JUDGE TINLEY: All in favor of the motion, signify 20 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. Item 22; 25 consider, discuss, and take appropriate action on proposed 2-12-07 104 1 contract advertising rates for local newspapers, and authorize 2 the County Judge to sign the approved contracts. I put this 3 on the agenda in order to try and get some benefit from a 4 contract rate. It appears, in looking at what's been 5 submitted, that really the only one that we get any benefit 6 from is the Kerrville Daily Times by a contract rate. In the 7 past, we've done 100 column inches per year. We get a 50-cent 8 per-column-inch break if we go to 250, but I don't know that 9 we'd get close to the 250, and we'd be stuck with paying for 10 that if -- if we were to make that commitment. But the other 11 publications in the county that might be appropriate for 12 publication of notices, the Community Journal and the West 13 Kerr Current, they have -- they already give us their best 14 rate. On a piecemeal basis or a whole bunch, doesn't make any 15 difference. 16 COMMISSIONER LETZ: So, we need a motion? I'll make 17 a motion that we approve accepting the 100-inch contract rate 18 with Kerrville Daily Times, and the other designated rates 19 with the other local newspapers. 20 JUDGE TINLEY: And authorize me to sign the contract 21 with K.D.T.? 22 COMMISSIONER LETZ: Yes, sir. 23 COMMISSIONER WILLIAMS: Second. 24 JUDGE TINLEY: We have a motion and second. Any 25 question or discussion? 2-12-07 105 1 MR. EMERSON: Just one question, Judge. We ran that 2 ad right before New Year's on the DWI ad for the County 3 Attorney's office. 4 JUDGE TINLEY: Yeah. 5 MR. EMERSON: And I think Mr. Shay told me that we 6 received the charitable organization rate on behalf of the 7 County. So, I don't know if these rates reflect that or not, 8 'cause he told me that was the lowest rate that the newspaper 9 granted. 10 COMMISSIONER WILLIAMS: I think there's a separate 11 category for public notices. 12 JUDGE TINLEY: Legal notices that we publish for -- 13 for classifieds for employees, for public notices, for 14 subdivisions, things of that nature. But I want to check on 15 it. Have you already had some discussion with them, Ms. Hyde? 16 MS. HYDE: Yeah. The other thing that we did is 17 we're using all personnel ads, flat ads, year ads, they're all 18 under the same thing, so we've gotten a better rate, I think, 19 than what they're quoting, because we get it as a nonprofit 20 organization. So -- and it is the 100 inch, plus we get the 21 banner, you know, the outside banner that kind of brings it to 22 people's attention. 23 COMMISSIONER WILLIAMS: By consolidating all of 24 those various ad categories -- 25 MS. HYDE: We've just been putting them all in the 2-12-07 106 1 same thing. 2 COMMISSIONER WILLIAMS: We're still -- we're not 3 eligible to get into the 250 bracket? Doesn't look that way? 4 Okay. 5 MS. HYDE: I don't think so. 6 JUDGE TINLEY: Commissioners, if it's acceptable, 7 rather than take action, let's take a closer look at this 8 thing. We may be better off sitting where we are, doing 9 nothing, and not committing ourselves to anything. 10 COMMISSIONER BALDWIN: I agree. 11 JUDGE TINLEY: Before we come back and take any 12 formal action. Is that acceptable? 13 COMMISSIONER LETZ: I'll withdraw my motion. 14 JUDGE TINLEY: Okay. All right, let's move to Item 15 23, if we might. Consider, discuss and take appropriate 16 action on the 2006 racial profiling report from David J. 17 Billeiter, Constable in Precinct 1. Commissioner Baldwin? 18 COMMISSIONER BALDWIN: Yes, sir. You see in your 19 backup the numbers that he has provided. And I understand the 20 law says that he shall provide the actual tickets, which we 21 have here, and y'all are welcome to go through these. I had a 22 great time over the weekend going through each one of them. 23 Not really. But this is the annual racial profiling report 24 from Constable, Precinct 1, and I move that we accept them. 25 JUDGE TINLEY: Accept his report? 2-12-07 107 1 COMMISSIONER BALDWIN: Yes. 2 JUDGE TINLEY: Very well. 3 COMMISSIONER OEHLER: Second. 4 JUDGE TINLEY: We have a motion and a second to 5 accept the racial profiling report from David Billeiter, 6 Constable, Precinct 1. Any question or discussion on the 7 motion? All in favor of the motion, signify by raising your 8 right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: That motion does carry. Let's go to 13 Item 24; consider, discuss, and take appropriate action on the 14 letter from the Texas Department of Transportation regarding 15 Cade Loop. Commissioner Oehler? 16 COMMISSIONER OEHLER: I met with TexDOT about a -- 17 it's been about a month ago now, at Cade Loop, and talked 18 about redoing the bridge, building a new bridge, whatever they 19 would recommend. And at that time, they told us when they 20 widen Highway 39, that they would -- Leonard was with me -- 21 that they would do the bridge. It was a projected cost of 22 700,000, which they said we would be responsible for half of 23 it. And so this letter is being sent to us to basically say 24 that we're going -- that we'd be willing to do that project. 25 Since that time, the Judge and I have met with them one other 2-12-07 108 1 time, and they came up with an even better deal. They now 2 said that they will pay 100 percent of the cost of Cade Loop 3 and allow us to allocate 350 thousand to go to other bridges 4 off-system that need to be redone and upgraded. We do not 5 have a letter to that effect yet, I don't believe. I don't -- 6 I have not seen one. But this basically is on here to get our 7 blessing. We're going to have to -- the way it works is, we 8 have to basically approve allocating the funds for this 9 project, and also bless it, sign it. All of us need to sign 10 it; then we have to send a copy of that to our State 11 Representative, Harvey Hilderbran, for him to sign a letter 12 supporting it so that the project can go forward. 13 COMMISSIONER WILLIAMS: Would that be a one-year 14 allocation or a two-year allocation? 15 COMMISSIONER OEHLER: It would be over a -- I would 16 say two budget years, because this project on Cade Loop Bridge 17 at 39 is going to be -- I think the projection is in the fall 18 of 2008, so we'll have basically two budgets. We'll have this 19 upcoming budget, and the 1st of October of '07, then we'll 20 have another budget year that we can -- we can gather some 21 funds. Mr. Odom has -- has agreed to allocate a certain 22 amount of funds out of his Special Projects money for next 23 year; I think he said $100,000 of it. We have approximately 24 70,000 available in Schreiner Road Trust above what we're 25 supposed to keep as a minimum, and I really think we should 2-12-07 109 1 support this. They -- TexDOT has come up with some 2 recommendations of other bridges that need repair or 3 replacement in three out of the four precincts; I think two in 4 mine, two in Letz', and one in Commissioner -- no, two in 5 Williams' and one in Letz', I believe. 6 COMMISSIONER WILLIAMS: Which were they? Do you 7 remember? 8 COMMISSIONER OEHLER: I do not remember. They 9 showed us the list. Do you have them, Len? 10 MR. ODOM: Well, just -- I didn't bring them, but 11 off the top of my head, it was the two at Lazy Valley, Ehlers, 12 Then yours was out at the Y.M.C.A. Then we had one at Center 13 Point Crossing there by the dam that was also -- 14 COMMISSIONER WILLIAMS: Government Crossing? 15 MR. ODOM: No. No, Government Crossing is -- is 16 also in there, but there's different funding for off-site 17 bridges. 18 COMMISSIONER WILLIAMS: Yeah. 19 MR. ODOM: And their budget as to Government 20 Crossing is a different fund which is going to be funded. 21 They told me it would upgrade that elevation, I think, 22 straight across. Sort of like the one -- 23 COMMISSIONER WILLIAMS: You're talking about 24 underneath the dam -- the road underneath the dam now? 25 MR. ODOM: That's right, sir. But there won't be 2-12-07 110 1 much there other than just widening that, talking to them. 2 COMMISSIONER WILLIAMS: Okay. 3 MR. ODOM: We have -- my understanding, 'cause I 4 went out with the young lady from District 15 and Mike Coward 5 last week, and we drove and looked, and what will happen is 6 that I'll get back with the Commissioners, Mike and I will, 7 individually, and we'll go out and look and talk and try to 8 establish priorities. So, the funding -- if everything went 9 down right now, would be a year, and I have three years after 10 that and can extend that another two years, so there's five -- 11 there's time in here to do this. And the good thing is, is 12 that we have that time to allocate six more bridges to upgrade 13 and do without costing us anything for Cade Loop. It's a 14 win-win situation. 15 COMMISSIONER LETZ: Oh, yeah. 16 MR. ODOM: And so I believe that I can handle that 17 over the next couple of years and be able to -- to put that 18 forward. But it's the same type of process we're doing with 19 Buster, that -- that we've done on Town Creek right there, so 20 I don't see why we can't work -- they said that they may be 21 able to group them in threes so we'll get a better price. And 22 if we don't spend 350,000, that's great. If they -- our 23 allocation is over 350,000, we don't pay any more than 24 350,000, so it really sounds like a very, very good deal. For 25 350, we leverage a lot of money. 2-12-07 111 1 COMMISSIONER LETZ: Super deal. Some of these 2 bridges were way off in the horizon to ever get funded. 3 MR. ODOM: Yes, sir. 4 COMMISSIONER LETZ: If -- because, I mean, funding 5 will be an addition in the county, if individuals outside of 6 Kerr County government want to help fund this, can they? Can 7 they do it? Like, if a -- 8 MR. ODOM: There's nothing in the statute that says 9 that they can't. 10 COMMISSIONER LETZ: I know in Bandera County, but if 11 somebody wants to -- 12 MR. EMERSON: I don't know why they couldn't. 13 Statutes and the Attorney General opinions allow for donations 14 and gifts. 15 MR. ODOM: That's right. It's up to the 16 Commissioner at that point to then present it to the Court. 17 So, we will be looking at right-of-way, so there may be some 18 things that we may be able to get. Some of it, maybe not; I 19 don't know. That will be a process when they look at it, and 20 they're going to put some numbers together, Mike said, and the 21 young lady's going to be looking at numbers for rehab, but on 22 new construction, Mike's going to put some numbers together. 23 And we'll have a better idea, I think, in the following weeks, 24 which I'll be getting in touch with each Commissioner involved 25 in it. 2-12-07 112 1 COMMISSIONER WILLIAMS: What's required of us today? 2 COMMISSIONER OEHLER: I think we have to -- to agree 3 to fund $350,000 down the road to -- towards these projects, 4 these other projects, so that we can get the one project done, 5 and in conjunction with Highway 39 or widening it. And we do 6 -- and they did tell us that we -- in order to do that, the 7 Court -- I think the Court should bless it, number one, and 8 number two, he said that he needed the State Representative to 9 bless it as well. 10 COMMISSIONER LETZ: We need to -- a letter drafted 11 doing this. 12 MR. ODOM: I think this agenda item, there will be a 13 resolution, is my understanding, that'll come from the young 14 lady down there in San Antonio. And she'll present that to 15 the Judge and to the Court, and probably have an agenda item 16 that will brief you on what -- what they're going to do, is 17 the way I got it. But I think that they would like a movement 18 of the Court -- a commitment of the Court, and I think this is 19 what you need to do now. So, to say that you are -- it's on 20 record that you're going forward, and that a resolution will 21 be sent forthwith. 22 COMMISSIONER LETZ: So we just need a court order 23 today. 24 JUDGE TINLEY: What you're asking for, then, 25 Commissioner, is a commitment from this Court to approve the 2-12-07 113 1 expenditure of $350,000 for future off-site bridge upgrades in 2 accordance -- 3 COMMISSIONER OEHLER: Off-system. 4 JUDGE TINLEY: Off-system bridges in accordance with 5 TexDOT guidelines for the expenditure of those funds, similar 6 to what we did on Town Creek road project? 7 MR. ODOM: That's right. 8 COMMISSIONER OEHLER: You're correct. 9 JUDGE TINLEY: Is that your motion? 10 COMMISSIONER OEHLER: I'll make a motion to that 11 effect, just what you stated. 12 JUDGE TINLEY: All right. 13 COMMISSIONER LETZ: Second. 14 JUDGE TINLEY: Motion made and seconded. Any 15 question or discussion on the motion? 16 COMMISSIONER BALDWIN: I'm going to make a point. 17 Bruce had mentioned the Special Projects moneys, and if my 18 memory serves me, there -- that comes from the $10 license 19 plate fee, and I understand that there is a bill before the 20 House right now that would allow -- allows counties -- and I'm 21 not promoting this; I'm just telling you what's there -- that 22 allows counties to go from $10 to $15 now. 23 JUDGE TINLEY: $20. 24 COMMISSIONER OEHLER: $20. 25 COMMISSIONER BALDWIN: Oh, is it $20? Okay. 2-12-07 114 1 COMMISSIONER WILLIAMS: $20. 2 COMMISSIONER BALDWIN: I just wanted to bring that 3 to the table. Might be something to watch for. That's all. 4 JUDGE TINLEY: Any other questions or comments on 5 the motion? All in favor of the motion, signify by raising 6 your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: The motion does carry. We'll move to 11 Item 25; consider, discuss, and take appropriate action to 12 amend the interlocal agreement between Kerr Emergency 911 13 Network and Kerr County. Commissioner Baldwin? 14 COMMISSIONER BALDWIN: Yes, sir. As Mr. Amerine 15 makes his way forward, I wanted to point out -- if you look at 16 the interlocal service agreement, I highlighted the areas that 17 are going to be changed. Now, is that not cute? 18 COMMISSIONER LETZ: You did it? 19 COMMISSIONER BALDWIN: I -- no, I did not; 20 Mr. Amerine did. And he said that's not very -- "cute" is not 21 a very manly word, but I just think that it's so cute how he's 22 pulled that out and blocked it out so we could see it and 23 stand it out by itself. And there -- there's three of them in 24 there, in the document, three changes, and they all three make 25 pretty much -- pretty good sense. 2-12-07 115 1 COMMISSIONER WILLIAMS: Would you call this 2 amendments for dummies? Is that what you're saying? 3 COMMISSIONER BALDWIN: Well, we're thinking about 4 doing a book. We're going to have a book on sale here pretty 5 soon. 6 MR. AMERINE: Actually, you should thank Bill Gates; 7 that's a Microsoft Word invention. So -- 8 JUDGE TINLEY: I think it's a whole lot more 9 informative than red-lining, than that process. 10 COMMISSIONER BALDWIN: Yeah, it is. 11 JUDGE TINLEY: That's -- I go nuts trying to read a 12 red-lined document. 13 COMMISSIONER BALDWIN: This is good. This is neat. 14 MR. AMERINE: The fundamental reason behind the 15 agreement amendment, when we proposed the interlocal back in 16 2005, we weren't sure what kind of staffing or overhead we 17 were going to have to maintain the rural addressing system on 18 behalf of the County. 2006 has proved that overhead -- 19 there's minimal impact to our overhead and the cost to 20 citizens, so the need to consider this interlocal from our 21 perspective every year, to renew it and bring it before the 22 Court is unnecessary. Also, we don't think we need to 23 consider compensation as an issue. That's why we pulled out 24 any reference to that. 25 COMMISSIONER BALDWIN: And the County Attorney and I 2-12-07 116 1 have chatted about this and looked at it several times through 2 the months, and do you have any comments about it, Rex? 3 MR. EMERSON: No, sir. 4 COMMISSIONER BALDWIN: I move for approval. 5 COMMISSIONER LETZ: Second. 6 JUDGE TINLEY: Motion made and seconded for approval 7 of the agenda item, as indicated. Any further question or 8 discussion on the motion? All in favor of the motion, signify 9 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. 14 COMMISSIONER WILLIAMS: Mr. Amerine, before you get 15 away, I just have one quick question. 16 MR. AMERINE: Yes, sir? 17 COMMISSIONER WILLIAMS: Related, but not on the 18 agenda. Any word from whatever source about the forthcoming 19 joint dispatch task force? 20 MR. AMERINE: Interesting you bring that up. 21 COMMISSIONER BALDWIN: We'll talk about that in a 22 little while. 23 COMMISSIONER WILLIAMS: We'll talk about that in a 24 little while, Mr. Amerine. Thank you. 25 MR. AMERINE: Okay. I'll just say that I'm prepared 2-12-07 117 1 to participate whenever the momentum gets started. 2 COMMISSIONER WILLIAMS: Thank you. 3 JUDGE TINLEY: Let's move to Item 26; consider, 4 discuss, and take appropriate action to authorize County Judge 5 to file a claim on official bond of Kerr County Treasurer for 6 penalty, interest, and related costs incurred and/or paid by 7 Kerr County resulting from late payment of payroll taxes to 8 I.R.S. due for quarter ending June 30, 2006. I placed this on 9 the agenda, and after doing so, I asked the County Attorney 10 to -- to make contact with the Treasurer or her representative 11 to permit a -- see if she wanted an opportunity to handle this 12 in the same manner that was handled on the late payment for 13 the retirement contributions, before proceeding forward on 14 this. Where are we on that? I apologize. I just dropped 15 that in his lap, I think, the latter part of last -- latter 16 part of last week, as I recall. 17 MR. EMERSON: I talked to Fred Henneke, who's been 18 acting as her attorney over a period of time, and relayed the 19 message to him. It's my understanding that he did talk to 20 Barbara, and he relayed the message back basically to proceed 21 against the bond; that's that what it was for. She was not 22 interested in personally writing a check to cover it at this 23 time. 24 JUDGE TINLEY: Do we have that in -- in some sort of 25 a formal, written response? 2-12-07 118 1 MR. EMERSON: No, sir. We -- we have a verbal from 2 Fred to myself. 3 JUDGE TINLEY: I'd really prefer to have that in 4 some sort of documented format before we proceed, so I would 5 propose to proceed -- to pass this item until such time as we 6 get that, or we know we're not going to get it. And would you 7 -- would you continue to inquire about some written 8 documentation from either the representative or her? 9 MR. EMERSON: Yes, sir. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER BALDWIN: Judge, before you -- before 12 you leave this, would you -- 13 JUDGE TINLEY: Okay. 14 COMMISSIONER BALDWIN: -- would you be kind enough 15 to explain to me how you would take action against a former 16 official that's no longer -- no longer employed or seated or 17 -- I mean, how -- against their bond? How would -- I really 18 don't know. 19 JUDGE TINLEY: The -- 20 COMMISSIONER BALDWIN: I don't know how you take 21 action against a bond, even when they are seated. 22 JUDGE TINLEY: Well, you file a claim on the bond, 23 just like an insurance claim. And this particular -- this 24 particular bond is what they call an occurrence bond, just 25 like have you occurrence insurance contracts or claims made 2-12-07 119 1 contracts. And if it arises out of an incident that occurred 2 during the term of office and during the term which the bond 3 was in force, then you have a -- you can assert a claim. Now, 4 whether or not it's a covered claim, that's an issue to get 5 sorted out. But the coverage was in place, and continues to 6 be in place, for things that occurred during the time that the 7 bond was in force and during the time that she was in office. 8 COMMISSIONER BALDWIN: As long -- as long as the 9 issue occurred while that person was in office. 10 JUDGE TINLEY: Mm-hmm. 11 COMMISSIONER BALDWIN: Two years down the road, if 12 something was to be uncovered or found, then you could go back 13 against the bond at that time? 14 JUDGE TINLEY: Conceivably, yes, mm-hmm. 15 COMMISSIONER BALDWIN: That's very interesting. 16 JUDGE TINLEY: Mm-hmm. 17 COMMISSIONER BALDWIN: And just this issue here -- 18 what was it, 1,200? 19 COMMISSIONER WILLIAMS: 12,000. 20 JUDGE TINLEY: Well, there was some tax in there, so 21 it's something less than 12,000. 22 COMMISSIONER BALDWIN: 12,000. 23 JUDGE TINLEY: It's 11,000-plus. 24 COMMISSIONER BALDWIN: And the bond was how much? 25 JUDGE TINLEY: The -- the bond that was in force in 2-12-07 120 1 2006 was 15,000. 2 COMMISSIONER BALDWIN: I see. So it would be -- you 3 could -- you could apply it up to 15,000? 4 JUDGE TINLEY: As against the bonding company, yes. 5 COMMISSIONER BALDWIN: If it were over 15,000, I 6 mean, they're just going to pay the 15? 7 JUDGE TINLEY: Yeah. That's the limit of their 8 liability, yeah. 9 COMMISSIONER BALDWIN: Okay, thank you. 10 JUDGE TINLEY: Okay. Anybody else have anything 11 further on that? Okay. 12 MS. ARELLANO: I have a question, Judge. May I 13 address -- 14 JUDGE TINLEY: On this item? 15 MS. ARELLANO: Yes, sir. 16 JUDGE TINLEY: Yes, ma'am. If you'll come forward; 17 give us your name and address. 18 MS. ARELLANO: My name is Linda Arellano, and I 19 reside at 122 West Lane here in Kerrville. It's my 20 understanding that this -- the process of exhaustment on 21 the -- what am I trying to say? That none of the particular 22 -- you have not exhausted all your particular items as far as 23 going against the appeals process; is that correct? 24 JUDGE TINLEY: There was an appeal made, and -- and 25 it was denied -- 2-12-07 121 1 MS. ARELLANO: Right. 2 JUDGE TINLEY: -- by the I.R.S. 3 MS. ARELLANO: Yes, but it hasn't been exhausted. I 4 mean, you still can go back and appeal the determination. I 5 mean, there are still some more appeals process in place? 6 COMMISSIONER LETZ: I think what's she's asking is 7 that -- yes, I think -- I believe there are -- there is a 8 second appeal that we can make, and I think we were in the 9 process of making that appeal. 10 MS. ARELLANO: Okay. 11 JUDGE TINLEY: I -- I wrote a memo to the Treasurer 12 sometime after we got the determination; I believe it was 13 dated January 1st that it was denied. Asked her what, if 14 anything, she intended to do about this going forward, but 15 never heard, so I had assumed that, hearing nothing, that she 16 was not going to take any further action on it. So, at that 17 point in time, we've paid the -- we've paid the money. 18 COMMISSIONER LETZ: But I think -- I think the point 19 is, I mean, I don't -- I think -- I knew that we -- it was 20 discussed, appealing it. I think we should appeal it again. 21 But I still think you -- if it's appropriate, you file on the 22 bond at the same time. I mean, I think, as I understand it 23 from prior conversations, you apply on the bond, put the 24 bonding company on notice, essentially. And they're going 25 to -- they'll, you know -- 2-12-07 122 1 JUDGE TINLEY: They may -- they may decide to take 2 up the fight with I.R.S. to get it reversed. That's certainly 3 their option to do so as one -- one of their options, I would 4 think. True. 5 MS. ARELLANO: Right. I would think it wouldn't 6 exclude the statute of limitations as far as claiming, you 7 know, for the -- toward the bond. The bond. But I don't 8 think that you want to go toward a bond if you haven't had an 9 appeals process and you haven't exhausted it. That's my 10 point. Thank you. 11 JUDGE TINLEY: Thank you. Anything further on that 12 particular agenda item? Let's move to Item 27; consider, 13 discuss, and take appropriate action to set public hearing to 14 abandon, discontinue, and vacate Louise Ehler Road as a 15 County-maintained road. Commissioner Letz? 16 COMMISSIONER LETZ: There's a letter in the packet 17 from Chris Wallendorf, who represents Dr. Delmer, and 18 Dr. Delmer actually is in the audience today. This is a -- 19 it's kind of been a long process to try to do this. In the 20 early 90's, when Lane Valley Bridge was built, the County made 21 a deal with Dr. Delmer to reroute Lane Valley traffic out 22 around through a little bridge called Ehler Bridge Road. And 23 when that was done, they had to build a road through his 24 property, and in process of doing that, we also changed the 25 access to a bunch of other -- four other -- three or four 2-12-07 123 1 other properties. It was never the intent for that road to 2 become a county road, but somehow, from the early 90's, the 3 County just started maintaining it, and we've been maintaining 4 it ever since this was done. And Dr. Delmer came to me a 5 while back, through his attorney, and asked -- actually, I've 6 talked to him as well -- that his desire is to the original -- 7 to follow the original deal. This road was never intended to 8 be a county road; he doesn't want it to be a county road. 9 They have since, through his attorneys -- or his attorney, 10 Mr. Wallendorf, corrected all of the access easements that 11 were also changed at the time, and now I think we're at the 12 point that we can put it on the agenda, set a public hearing. 13 I'll make a motion that we do that. And I don't have a 14 calendar in front of me -- yes, I do have a calendar in front 15 of me. The date of that public hearing would be March 12th 16 at 10 a.m. Rex, is the notice requirement -- it's 30 days in 17 the paper, correct? 18 MR. EMERSON: I believe so. 19 COMMISSIONER LETZ: Okay, make it March 26th at 20 10 a.m. 21 COMMISSIONER BALDWIN: I'll second that motion. 22 Commissioner Letz, I got a question. 23 COMMISSIONER LETZ: Okay. 24 JUDGE TINLEY: Motion and a second. Question or 25 discussion? 2-12-07 124 1 COMMISSIONER BALDWIN: Also in Mr. Wallendorf's 2 letter is a request to rename that part of the road. Do you 3 want to take that -- 4 COMMISSIONER LETZ: That'll be a -- once it's a 5 private road, it's a much easier process, and it will be 6 handled next time we do our road name changes. 7 COMMISSIONER BALDWIN: I see. Very good. 8 COMMISSIONER LETZ: Otherwise you have to do a 9 public hearing on name changes, too. 10 JUDGE TINLEY: Any other questions or comments? All 11 in favor of 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: The motion does carry. Let's move to 16 Item 28; consider, discuss, and take appropriate action to 17 approve a resolution supporting proposed legislation to remove 18 the expiration date, Special Condition Number 5E, from Permit 19 Number 5394A, and authorize forwarding the same to appropriate 20 legislators. Commissioner Letz? 21 COMMISSIONER LETZ: I thought we weren't going to go 22 as quickly as we were, and the chair from U.G.R.A. was here 23 present, Curg Starkey, and I told him to come back at 1:30; 24 that we could deal with this. We can either deal with it now 25 or postpone it to 1:30. 2-12-07 125 1 JUDGE TINLEY: Do we need him here, do you think? 2 COMMISSIONER LETZ: He was here just from a courtesy 3 standpoint, and expressed interest from U.G.R.A. I don't 4 think -- I mean, to me, it's a pretty simple thing. The 5 resolution explains it, but in a nutshell, there is a 6 condition on that permit that U.G.R.A. has a few thousand 7 acre-feet that sunsets that permit in 2010 -- 2010. And 8 Representative Hilderbran has introduced legislation, as has 9 Senator Fraser, to eliminate that special condition off that 10 permit. And -- 11 COMMISSIONER BALDWIN: Does it put another date on 12 it? 13 COMMISSIONER LETZ: No date. This is the only 14 permit, to my knowledge, in the state that has a date on it. 15 And that's, you know, the basis for it. It's going to go 16 through as a local bill. 17 COMMISSIONER BALDWIN: Let's do it before we change 18 our minds. 19 COMMISSIONER LETZ: Did I make a motion? I'll make 20 a motion that we approve the resolution as submitted. 21 COMMISSIONER BALDWIN: Second. 22 COMMISSIONER WILLIAMS: Second. 23 JUDGE TINLEY: Motion made and seconded. 24 COMMISSIONER BALDWIN: Bill got the second. 25 JUDGE TINLEY: Any question or discussion on the 2-12-07 126 1 motion? All in favor of the motion, signify by raising your 2 right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: The motion does carry. We'll move to 7 Item 29; consider, discuss, and take appropriate action to 8 approve and forward letter with questions concerning 9 groundwater availability modeling to Headwaters Groundwater 10 Conservation District Board of Directors. Commissioners 2 and 11 3, y'all decide who's going to lead off. 12 COMMISSIONER WILLIAMS: Well, this is kind of a 13 collaboration effort. The letter signifies the thoughts of at 14 least some of us with respect to the recent forum which we 15 discussed groundwater availability modeling, and it expresses 16 some of our concerns with respect to questions that were never 17 given an opportunity to be -- to be asked, much less answered. 18 So, with that said, I'll turn it over to Commissioner Letz. 19 COMMISSIONER LETZ: I just -- you know, I think two 20 purposes, in my mind. One, I think the Court was misinformed, 21 and we had a commitment from Headwaters president, 22 Ms. Summerlin, and that the format of that workshop was not 23 what we were told it was going to be. You know, that is the 24 heart of the issue. I think they should do what they stated 25 they're going to do. The other part of it really goes into 2-12-07 127 1 the groundwater modeling. I think it's really important that, 2 one, this Court has an opportunity to get the questions 3 answered that we have, 'cause we are the body responsible for 4 -- for water availability requirements as it relates to lot 5 sizes. I want it real clear to Headwaters that we're glad 6 they're doing the modeling; we think it's very beneficial to 7 the county. However, this model has to basically have peer 8 review. We suggested, and it was also recommended or offered 9 at that meeting that -- to have the Water Development Board 10 look at it. I think that if the citizens of Kerr County are 11 asking us to look at and use a model to set lot sizes, we 12 better be darn sure it's accurate. 13 COMMISSIONER BALDWIN: I agree. 14 COMMISSIONER LETZ: That's bottom line, what my 15 intent of the letter is. 16 COMMISSIONER WILLIAMS: If anybody has any 17 suggestions for language changes in either the body of the 18 letter or the list of questions or things you want to add to 19 or take away, well, now's the time to do it, 'cause it's on my 20 computer screen and it's easily checked. 21 COMMISSIONER BALDWIN: You may want to add some cuss 22 words in there. (Laughter.) I'll be happy to help with you 23 that part. 24 COMMISSIONER WILLIAMS: Thank you, Commissioner. 25 COMMISSIONER BALDWIN: You're welcome. 2-12-07 128 1 JUDGE TINLEY: A man of great experience such as you 2 have, I think that would be appropriate. 3 COMMISSIONER BALDWIN: I'm here to help. 4 COMMISSIONER OEHLER: I think it's to the point, and 5 I think it needs to be sent. 6 COMMISSIONER BALDWIN: I agree. 7 COMMISSIONER WILLIAMS: Move approval of the letter 8 with the list of questions to be forwarded to each member of 9 the Board of Directors of Headwaters Groundwater Conservation 10 District. 11 COMMISSIONER OEHLER: I'll second it. 12 JUDGE TINLEY: Motion made and seconded for approval 13 of the agenda item as indicated. Any question or discussion 14 on the motion? 15 COMMISSIONER BALDWIN: Question. In your letter, do 16 you request a time frame to receive back -- 17 COMMISSIONER WILLIAMS: No, we did not. If you 18 think that's appropriate, we can include it. 19 COMMISSIONER BALDWIN: Well, I don't -- I don't 20 know. You know, usually when you're dealing with another 21 agency like that, you do. Otherwise, it may be 2040. I mean, 22 if it were me doing it and I was king, I would ask them for a 23 month. 24 COMMISSIONER LETZ: So, you mean -- you're speaking 25 to answering our questions? 2-12-07 129 1 COMMISSIONER BALDWIN: Mm-hmm. Whatever you're 2 asking them to do, they need to have a -- you need to have a 3 turn-around time. 4 COMMISSIONER LETZ: I think it's a good point. I'm 5 trying to figure out what -- the best way to put it into the 6 letter. How about if you say, oh, one or two months? What do 7 you think? Is that appropriate? 8 JUDGE TINLEY: Considering the list of questions, 9 probably -- I'd say probably at least 60 days. 10 COMMISSIONER WILLIAMS: If we're going to do that, 11 we can do it in the top paragraph on the second page. We'll 12 talk about the list of questions, that Commissioners Court 13 would welcome the opportunity to meet with Mr. Wilson and 14 discuss these and other questions. We can do it right there, 15 and insert a time frame to meet with Mr. Wilson and members of 16 the board within the next 60 days, or something to that 17 effect. 18 COMMISSIONER LETZ: That's good. 19 JUDGE TINLEY: And receive answers to these 20 questions within the next 60 days. 21 COMMISSIONER WILLIAMS: Okay, we'll modify that to 22 include a time period to meet with Mr. Wilson and the board. 23 Would that be your -- would that be your sense? 24 COMMISSIONER LETZ: I'd say the board. They should 25 be there as well. 2-12-07 130 1 COMMISSIONER WILLIAMS: Within the next 60 days, 2 okay. We'll modify it, have it ready for signature after 3 lunch. It's intended that everybody sign it, all members of 4 the Court. I would assume that the Kerrville Daily Times 5 would probably like to have a copy of it as well. 6 COMMISSIONER LETZ: And West Kerr Current. 7 COMMISSIONER WILLIAMS: West Kerr Current would 8 probably like to have a copy. 9 JUDGE TINLEY: Community Journal here present also. 10 Appreciate their interest. 11 COMMISSIONER WILLIAMS: A copy of it to anybody else 12 who wants a copy of it. 13 COMMISSIONER BALDWIN: I got a couple of neighbors 14 that are interested in this. The next 60 days, when does that 15 begin? 16 COMMISSIONER LETZ: Date of the letter. 17 COMMISSIONER WILLIAMS: Date from today, 60 days 18 from today. It's dated today, the letter is. 19 COMMISSIONER LETZ: And I think in that regard, I 20 think it's good to put the date in there, 'cause it does show 21 some urgency in it, but I would be very surprised if we get a 22 response. 23 COMMISSIONER BALDWIN: Me too. 24 COMMISSIONER LETZ: But I also think that having 25 that date in there gives some board members the opportunity to 2-12-07 131 1 say, "Hey, what are we going to do with this?" 2 COMMISSIONER BALDWIN: Mm-hmm. 3 COMMISSIONER WILLIAMS: I'll have it modified and 4 ready for signatures after lunch. 5 JUDGE TINLEY: Any question -- or any other 6 questions or comments? All in favor of the motion, signify by 7 raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: That motion does carry. Let's move 12 to Item 30; consider, discuss, and take appropriate action to 13 ratify and confirm County Judge's approval of County Treasurer 14 Mindy L. Williams' bond. I swore in Ms. Williams last week 15 after her bond was received. I'm asking for the Court to 16 approve my action and approval of that bond. 17 COMMISSIONER LETZ: So moved. 18 COMMISSIONER OEHLER: Second. 19 JUDGE TINLEY: Motion made and seconded for approval 20 of the agenda item. Any question or discussion? 21 COMMISSIONER BALDWIN: How much was that bond? 22 JUDGE TINLEY: $80,000, as prescribed by the Court's 23 action that we took prior to this budget year, when we looked 24 at the bond of all elected officials and other courthouse 25 employees. 2-12-07 132 1 COMMISSIONER BALDWIN: Thank you. 2 THE CLERK: We have a motion and second. 3 JUDGE TINLEY: Okay. Any further question or 4 comments? All in favor of the motion, signify by raising your 5 right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: The motion does carry. Let's move to 10 Item 35, if we might; consider, discuss, and take appropriate 11 action on proposed resolution supporting design and 12 engineering plans for proposed new or replacement U.S.D.A. 13 laboratory facility in Kerr County. I put this on the agenda 14 in collaboration with Commissioner Williams and -- and Guy 15 Overby, KEDF president. This is in connection with the 16 proposed new U.S.D.A. facility. We had earlier passed a 17 resolution and forwarded it to our elected officials in 18 Washington. We have obtained that feasibility study. That's 19 complete. We're now before the Congress on appropriation for 20 design and engineering phase, and we're real hopeful that'll 21 go forward as step two in that process. 22 COMMISSIONER WILLIAMS: Copies weren't put in the 23 book, I take it, Judge? Apparently not. Everybody's looking 24 blank. But I will -- I'll read the Resolved, which is the 25 important part. That Kerr County Commissioners Court 2-12-07 133 1 respectfully request the United States Congress to provide 2 sufficient funding in the '08 budget to implement the design 3 and engineering phase of a new U.S.D.A. agriculture research 4 lab in Kerr County, Texas; and be it further resolved that 5 copies of the resolution be forwarded to the Honorable Lamar 6 Smith and the Honorable Senators Kay Bailey Hutchison and John 7 Cornyn urging their support for the project. 8 JUDGE TINLEY: Let me go get the original 9 resolution. 10 (Discussion off the record.) 11 JUDGE TINLEY: Got more than I intended to get here, 12 but -- 13 COMMISSIONER WILLIAMS: I apologize, gentlemen, for 14 leaving this in the box. I think there are three copies for 15 signature. 16 JUDGE TINLEY: Mm-hmm. 17 COMMISSIONER WILLIAMS: We'll send an original to 18 each. 19 COMMISSIONER LETZ: Do you want a copy, Buster? 20 JUDGE TINLEY: They'll all be transmitted 21 electronically, if approved. Do we have a motion? 22 THE CLERK: No. 23 JUDGE TINLEY: Okay. 24 COMMISSIONER BALDWIN: Do we sign all three of 25 these? 2-12-07 134 1 COMMISSIONER LETZ: Move approval of the resolution. 2 COMMISSIONER WILLIAMS: Second. 3 JUDGE TINLEY: Motion made and seconded for approval 4 of the resolution. Any question or discussion on the motion? 5 All in favor of the motion, signify by raising your right 6 hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: That motion does carry. The other 11 items that we have before us are potential executive session 12 items, 31, 32, 33, and 34. I'd be willing to open up any one 13 of those if there's any preliminary matters to be discussed in 14 open or -- or public session. Otherwise, what I'm going to 15 try and do is go to Section IV of the agenda and get that one 16 out of the way. Let's move to Section IV. If somebody will 17 rattle up the Auditor, we'll get moving there. In the 18 meantime, we'll sign these resolutions. 19 (Discussion off the record.) 20 JUDGE TINLEY: Okay, let's move to Section IV of the 21 agenda, if we could, please. Payment of the bills and related 22 items. Any member of the Court have any questions with regard 23 to the bills? 24 COMMISSIONER OEHLER: One thing I noted in part of 25 the bills, one section was Court-Appointed Attorneys. 2-12-07 135 1 JUDGE TINLEY: Mm-hmm. 2 COMMISSIONER OEHLER: It seems that we have some 3 attorneys that are getting paid an awful lot more than others, 4 and it's probably on a case-by-case basis. 5 JUDGE TINLEY: Mm-hmm. 6 COMMISSIONER OEHLER: But that, to me, kind of stood 7 out. I noticed that a lot of them are getting $200 or $300 8 for things; all of a sudden we have others getting $2,000, 9 $2,500 for their court appointments. And I also noticed 10 there's civil behind some of those, and not criminal. I 11 didn't know we appointed attorneys for civil. 12 JUDGE TINLEY: I think I can answer your question on 13 the civil, Commissioner. The -- the individual cases are 14 going to -- the attorneys who handle these cases, of course, 15 submit records of -- of their time and expense in connection 16 with each case. I also had made the observation that it seems 17 like that -- 18 COMMISSIONER WILLIAMS: Three copies, Judge. 19 JUDGE TINLEY: -- there are some lawyers that seem 20 to spend a whole lot more time on their cases than others. I 21 assume that's what they're doing. The civil cases are dealing 22 with the C.P.S., the Child Protective Services cases, the 23 parental terminations and so forth that got dropped on us here 24 a few years ago, that they -- used to be we only had to put 25 those attorneys in place if there was actual termination. Now 2-12-07 136 1 that's been expanded. If the responding parent is indigent, 2 which most of them are, then we're required to provide 3 those -- those attorneys, so that's where the civil end of it 4 is coming from, probably. 5 COMMISSIONER OEHLER: I'm glad you explained that, 6 because I -- 7 MR. EMERSON: If I can add one more comment, you 8 also have civil expenses incurred in Judge Maulden's Attorney 9 General court, when they proceed to hold somebody in contempt 10 for child support. 11 JUDGE TINLEY: Because of the possible -- 12 MR. EMERSON: At that point, they appoint an 13 attorney. 14 JUDGE TINLEY: Yeah. 15 COMMISSIONER OEHLER: Okay. 16 JUDGE TINLEY: The only other observation I'd make 17 about attorneys is, I note that out of the 216th court, there 18 was a series of cases all involving, apparently, the same 19 defendant, and that lawyer's in Boerne, and I don't think this 20 is a capital case. I know we've got a lawyer in Boerne 21 handling a capital case, but the aggregate total on this one 22 -- one presentation is $14,500. That kind of jumped off the 23 page at me. What -- what's that all about, Mr. Tomlinson? 24 MR. TOMLINSON: Which one? 25 JUDGE TINLEY: Page 11, Ferguson and Hix. We got 2-12-07 137 1 four cases involving the same -- I guess it's the same 2 individual. Either that, or it's his daddy or his son. 3 MR. TOMLINSON: I don't have the bills in here. I'd 4 have to go look. 5 JUDGE TINLEY: Okay. Okay. 6 MR. TOMLINSON: Do you want me to go look? 7 JUDGE TINLEY: Any other questions or comments on 8 the bills? 9 COMMISSIONER BALDWIN: I do have a question. 10 Software Group and our new computer program. We're -- we have 11 paid for the training, and we have been through the training 12 cycle once or twice, maybe. And anytime -- for some reason, 13 we didn't get it the first couple of times and we need more 14 training. Do we -- do they come down and then charge us for 15 that training? 16 MR. TOMLINSON: Yes. 17 COMMISSIONER BALDWIN: Okay. And that happens 18 occasionally? 19 MR. TOMLINSON: Yeah. It's happened, yes. 20 COMMISSIONER BALDWIN: Okay. And the same thing 21 with the maintenance of the program, software maintenance? 22 MR. TOMLINSON: That's a quarterly bill that -- 23 that's the same each quarter. 24 COMMISSIONER BALDWIN: And we -- and we break it out 25 to -- to departments? 2-12-07 138 1 MR. TOMLINSON: Yes. 2 COMMISSIONER BALDWIN: Okay. I guess that's all. 3 Thank you. 4 JUDGE TINLEY: Any other questions or comments? 5 Page 32. This shows Constable, Precinct 3, but it shows 6 payable to Joel Ayala, Jr. Is that just a misprint here, or 7 are we talking about 2? 8 MR. TOMLINSON: Yeah, has to be. 9 JUDGE TINLEY: Pardon? 10 MR. TOMLINSON: It has to be. 11 JUDGE TINLEY: Okay. And, apparently, that's for 12 reimbursement for -- 13 MR. TOMLINSON: For -- 14 JUDGE TINLEY: -- how many months? 15 MR. TOMLINSON: It's 10 through 1. 16 JUDGE TINLEY: So that's three months. 17 MR. TOMLINSON: Yes. 18 COMMISSIONER WILLIAMS: Four months. 10, 11, 12, 19 and 1. 20 MR. TOMLINSON: Yeah, that's four months. 21 JUDGE TINLEY: Oh, through January? 22 MR. TOMLINSON: Yes. 23 JUDGE TINLEY: Okay. Okay. It wasn't clear there. 24 It showed 10/06-1. 25 MR. TOMLINSON: That's as far as we can go. 2-12-07 139 1 JUDGE TINLEY: Oh, okay. Okay. 2 MR. TOMLINSON: On that field. 3 COMMISSIONER BALDWIN: So, it would be about 50 4 bucks a month, and is that about an average cell phone bill? 5 COMMISSIONER LETZ: Probably what he's -- because 6 it's a round number, I would suspect he's billing us $50 a 7 month. 8 COMMISSIONER WILLIAMS: Yeah. 9 COMMISSIONER LETZ: Where are we on -- we had talked 10 about -- nevermind, I guess we can't. Not on the agenda. 11 JUDGE TINLEY: Ms. Hyde was reading your mind, and I 12 was reading your mind, and we know exactly where that's going, 13 and she's working on it. 14 COMMISSIONER LETZ: Okay. 15 JUDGE TINLEY: Any other questions or comments? All 16 in favor of the motion -- do we have a motion? 17 THE CLERK: No. 18 COMMISSIONER BALDWIN: I move we pay the bills. 19 COMMISSIONER WILLIAMS: Second. 20 JUDGE TINLEY: Motion made and seconded. Any 21 further question or comment? All in favor of the motion, 22 signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 2-12-07 140 1 JUDGE TINLEY: Motion carries. Budget amendments. 2 Budget Amendment Request Number 1. 3 MR. TOMLINSON: Number 1 is for the 216th District 4 Court. It's an amendment to transfer $567 from 5 Court-Appointed Attorney line item to Court-Appointed 6 Services. 7 COMMISSIONER LETZ: So moved. 8 COMMISSIONER WILLIAMS: Second. 9 JUDGE TINLEY: Motion made and seconded for 10 approval. Any question or discussion? All in favor of the 11 motion, signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: The motion carries. Any more budget 16 amendments? 17 MR. TOMLINSON: I just have a note here to ask about 18 the budget amendment for the study for the Flat Rock Lake Dam. 19 COMMISSIONER WILLIAMS: Hold up on it. We may be 20 looking for a few bucks more. We're going to come back in two 21 weeks. 22 MR. TOMLINSON: Okay. 23 COMMISSIONER WILLIAMS: Thank you. 24 JUDGE TINLEY: That's all the budget amendments? 25 MR. TOMLINSON: Yes. 2-12-07 141 1 JUDGE TINLEY: Do we have any late bills? 2 MR. TOMLINSON: I have one to Dr. Antonio Puente for 3 $300, for -- it's an expert witness fee on the Hernandez case. 4 JUDGE TINLEY: And how much? $300? 5 MR. TOMLINSON: $300. 6 COMMISSIONER LETZ: So moved. 7 COMMISSIONER BALDWIN: Second. 8 JUDGE TINLEY: We have a motion and second to pay a 9 late bills to Dr. Antonio Puente in the amount of $300. Any 10 question or discussion? 11 COMMISSIONER BALDWIN: And where does that come 12 from? 13 JUDGE TINLEY: Court-Appointed Services. 14 MR. TOMLINSON: From the 216th Court for 15 Court-Appointed Attorneys -- I mean -- I mean Court-Appointed 16 Services, I'm sorry. 17 COMMISSIONER BALDWIN: Is that the one we just -- 18 MR. TOMLINSON: That's part of the amendment we just 19 did. 20 COMMISSIONER BALDWIN: Oh, I see. Okay. 21 JUDGE TINLEY: Any other questions or comments? All 22 in favor of the motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 2-12-07 142 1 JUDGE TINLEY: That motion does carry. Any more 2 late bills? 3 MR. TOMLINSON: No. 4 JUDGE TINLEY: I have before me monthly reports from 5 the County Clerk, general and trust funds, and also Justice of 6 the Peace, Precinct Number 4. Do I hear a motion that those 7 reports be approved as presented? 8 COMMISSIONER OEHLER: So moved. 9 COMMISSIONER LETZ: Second. 10 JUDGE TINLEY: Motion made and seconded for 11 approval. Any question or discussion? All in favor of the 12 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: That motion does carry. Why don't we 17 break for lunch and come back at 1:30. 18 (Recess taken from 12:03 p.m. to 1:36 p.m.) 19 - - - - - - - - - - 20 JUDGE TINLEY: Okay, let's come back to order on to 21 our Commissioners Court meeting. Why don't we go back to Item 22 29 with regard to the letter that was approved for forwarding 23 to Headwaters Groundwater Conservation District Board of 24 Directors. I think there's been some changes made. And, 25 Commissioner Williams, do you want to bring us up to speed on 2-12-07 143 1 that? 2 COMMISSIONER WILLIAMS: Yeah, Judge. Thank you. 3 There are two changes; the one that's in front of you, and 4 plus another one the Judge and I talked about to make it even 5 stronger. On the second page, at that paragraph that begins, 6 "Attached hereto is a list of some questions that were raised 7 at a recent workshop. Commissioners would welcome the 8 opportunity to meet with Mr. Wilson and the Board of Directors 9 within the next 60 days to receive answers to these and other 10 questions." 11 COMMISSIONER BALDWIN: There you go. 12 COMMISSIONER LETZ: That's it. 13 COMMISSIONER OEHLER: I like that. 14 COMMISSIONER WILLIAMS: And that strengthens it even 15 a little bit more. On Page 1, I put "hand-delivered." We 16 will hand-deliver them this afternoon. So, if this is 17 approved, there's one for everyone's signature. 18 COMMISSIONER LETZ: Okay. 19 COMMISSIONER WILLIAMS: I'll give it to Jody and she 20 can prepare the package -- packages. 21 JUDGE TINLEY: Okay. I'm sorry, okay. And that 22 brings us to our executive session items. I don't know what 23 the Court's pleasure is about what order they want to handle 24 these. We'll start with Item 31. At this time, we will go 25 out of public or open session. 2-12-07 144 1 (The open session was closed at 1:41 p.m., and an executive session was held, the transcript of which 2 is contained in a separate document.) 3 - - - - - - - - - - 4 JUDGE TINLEY: Okay. We will go back into open or 5 public session at -- at 3:48. Does any member of the Court 6 have anything to offer with regard to any the matters 7 discussed in executive session? 8 COMMISSIONER LETZ: I'd like -- I'd make a motion if 9 I knew how to say it. 10 COMMISSIONER WILLIAMS: Subrogation. 11 JUDGE TINLEY: That's where the thought was that we 12 would agree to waive subrogation benefits or subrogation 13 rights which we may have on the health benefits payments claim 14 in connection with the employee who was involved in an 15 accident, to the extent it does not exceed $2,500? 16 COMMISSIONER LETZ: Correct. That's my motion. 17 COMMISSIONER BALDWIN: Second. I second that 18 motion. 19 JUDGE TINLEY: We have a motion and a second. Is 20 there any further discussion on the motion? All in favor of 21 the motion, signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: That motion does carry. Anything 2-12-07 145 1 else to be offered on anything considered in executive 2 session? We are down at the end of the -- end of the agenda. 3 Any reports from Commissioners? 4 COMMISSIONER BALDWIN: I have a meeting next week 5 with the honorable Raymond Holloway. It will be our first 6 meeting on EMS for the upcoming budget. 7 JUDGE TINLEY: This is kind of the six-month deal 8 that we talked about? 9 COMMISSIONER BALDWIN: Kind of, yes, sir. 10 JUDGE TINLEY: Okay. Anything else? 11 COMMISSIONER BALDWIN: No, I guess not. 12 COMMISSIONER WILLIAMS: This is just from a 13 tomographer's office, FYI. It talks about growth in the area, 14 Kerr County. Only other quickie was our application for 15 funding for Phase IV of the Kerrville South project received 16 favorable review from the Economic Development Environmental 17 Review Committee, and it moves on in the conduit. 18 JUDGE TINLEY: Is that it? 19 COMMISSIONER WILLIAMS: That's it. 20 COMMISSIONER LETZ: Been dealing with lots of water 21 issues, and I know Commissioner Baldwin will be, you know, 22 sad, but I'm not going to go over them today. 23 COMMISSIONER BALDWIN: Dang. 24 COMMISSIONER LETZ: The -- but one of the things 25 that I -- well, while doing that, I was in Austin and met with 2-12-07 146 1 Senator Fraser, and he seems very inclined to get feedback 2 from us on bills that are going before the Legislature. And 3 Linda Uecker keeps up with lots of them, probably better than 4 any one person, so I've talked to Linda a little bit. We may 5 put that on a future agenda to start looking at these so we 6 can -- if we want to have input from the Court, 'cause Senator 7 Fraser, certainly, and I know Harvey would as well, would like 8 input from us on some of these that impact counties. That's 9 it. 10 JUDGE TINLEY: Anything else? 11 COMMISSIONER OEHLER: The biggest thing on my plate 12 is -- several of them, actually. One is the Animal Control. 13 Eva and I went out the other day and met with a gentelman for 14 about two hours. We're trying to put together some procedures 15 and get some training, and would like to have some things get 16 accomplished out there, like painting and maintenance and some 17 other issues. I have a list of things on that that I'm going 18 to work with the appropriate people on, as well as -- the 19 other thing is, I met with Mel Ferguson from Senator Fraser's 20 office last Tuesday and took him on a tour of the Highway 39 21 and 1340 bridge projects proposed by TexDOT. He now thinks 22 that -- and knows, pretty sure, that that's the prettiest area 23 that he represents; that he understands the concern of the 24 citizens about the projects. He's also said he would be 25 really good to help us in other situations if we need him. I 2-12-07 147 1 spent three hours with him the other day riding him around. 2 That's all I have for right now. 3 JUDGE TINLEY: Thank you. 4 COMMISSIONER BALDWIN: Judge, I do have one other 5 issue that I want to bring up. Doesn't have anything to do 6 with assignments, I don't think, but I want to bring up this 7 issue of combined dispatch. We somehow -- I don't know who 8 started it, but we all decided that we wanted to have -- sit 9 down and have a visit about combined dispatch, and we put 10 together a plan and sent it to the City. And the Police Chief 11 decided it wasn't cool, so they sent it back, and we sent it 12 back over there. Now they've accepted it, I understand. 13 JUDGE TINLEY: Mm-hmm. 14 COMMISSIONER BALDWIN: So it's just sitting there, I 15 think. I really think that this Court needs to take a 16 proactive stance in this thing. We need to appoint our 17 committee members and send it over there, and let's get this 18 thing rocking and rolling. 'Cause we're easing toward the 19 budget process, and that's an important issue. I don't know 20 that we're going to -- I just think some of it needs to be 21 done before the budget. 22 JUDGE TINLEY: Probably needs to be done by -- on an 23 agenda item, wouldn't you think? 24 COMMISSIONER BALDWIN: Yes, absolutely. No question 25 of it. I'm just saying that we need to start thinking in that 2-12-07 148 1 way. And we want to be the ones that drive it, not somebody 2 else. 3 JUDGE TINLEY: Well, Jody's going to have to start 4 working early on the agenda, because she's going to be doing 5 some training week after next, and so let's get that on the 6 next agenda. 7 COMMISSIONER BALDWIN: Okay. 8 JUDGE TINLEY: Let's get that moving. Anything 9 else? Quick report on our new Treasurer's office. As I 10 indicated, we swore in Ms. Williams last Thursday so that she 11 could get moving down there. She -- my -- I checked with her 12 most recently this morning. She wanted me to kind of give the 13 Court a little update. She is further along than she expected 14 to be at this point. She wanted to be sure that y'all were 15 aware that she is there in large measure because Joy and Nona 16 from the Auditor's office came in over the weekend and worked 17 with her on Saturday. They worked up until 8 o'clock Saturday 18 night, and they made a pretty good size dent in things. Mindy 19 was down here also on Sunday, and she's -- she was making some 20 more headway then. And she's -- she's further along than she 21 thought she'd be at this point, but she wanted me to be sure 22 and pass along that she wouldn't have been there without the 23 help that she had over the weekend. But she's -- she's 24 chipping away at it, and she'll continue to do that. 25 COMMISSIONER BALDWIN: That's very nice of those two 2-12-07 149 1 ladies to chip in like that. 2 JUDGE TINLEY: Well, she checked with the Auditor, 3 and -- and he agreed to put them in an overtime status, 'cause 4 he had a little overtime in his budget -- had some money his 5 budget. So, he's -- he's -- and it's going to help him too, 6 of course. 7 COMMISSIONER BALDWIN: Sure. 8 JUDGE TINLEY: But we're -- we're going the right 9 direction. Is that it? Anything else? We'll stand 10 adjourned. 11 (Commissioners Court adjourned at 3:55 p.m.) 12 - - - - - - - - - - 13 14 15 16 17 18 19 20 21 22 23 24 25 2-12-07 150 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 16th day of 9 February, 2007. 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 2-12-07