1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, March 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 1 I N D E X March 12, 2007 2 PAGE --- Commissioners' Comments 5 3 1.1 A Child's Place Learning Center, Inc., a non-profit 4 childcare center, requesting waiver of rental fee for Exhibit Hall and chairs for 5/23/07 10 5 1.2 Consider/discuss approving funding for May 12, 2007 6 election, $20,576 to be taken from Workers Comp 13 7 1.3 Consider/discuss approving polling locations in accordance with Chapter 43 of Texas Election Code 16 8 1.4 Request to plant tree in courthouse courtyard for 9 35th anniversary of the Women's Chamber, in honor of Marj Nicholson and Dolores Livingston 17 10 1.5 Consider/discuss, take appropriate action on 11 concept for revision of plat for Lots 3 & 4 of R.H. Ranch, set public hearing for same 21 12 1.7 Public records - map of Tivy Mountain Cemetery -- 13 1.6 Consider/discuss, take appropriate action for 14 concept of Ranger Commercial Park 31 15 1.8 Consider/discuss, take appropriate action on appoint- ing county members to Joint Dispatch Committee 50 16 1.9 Consider/discuss, take appropriate action to appoint 17 Tom Jones to Child Services Board 52 18 1.10 Consider/discuss, take appropriate action to adopt a resolution authorizing Kerr County to file an 19 application with Texas Water Development Board for funding for Center Point Wastewater Project 53 20 1.11 Consider/discuss, take appropriate action on 21 proposed renewal of lease space occupied by 216th Judicial District Community Supervision and 22 Corrections Department 56 23 1.12 Consider/discuss, take appropriate action on request to declare March 18-24, 2007, as National 24 Agriculture Week in Kerr County, Texas, & adoption of resolution in support of same 60 25 3 1 I N D E X (Continued) March 12, 2007 2 PAGE 3 1.13 Consider/discuss, take appropriate action to adopt a resolution of thanks to Lt. Gen. Murphy A. Chesney, 4 USAF (Retired) 61 5 1.14 Consider/discuss, take appropriate action to adopt a resolution in support of HB 654, which will establish 6 community psychiatric hospital services on Kerrville State Hospital Grounds 63 7 1.15 Consider/discuss take appropriate action to rescind 8 Court Order No. 26682, adopted October 10, 2000, establishing a "No Wake" zone on Flat Rock Lake 70 9 1.18 Consider/discuss, take appropriate action on possible 10 litigation regarding Environmental Health Department (Executive Session) 75 11 1.16 Consider/discuss, take appropriate action to review 12 organization of maintenance, custodial and HCYEC (Ag Barn) and determine final organization of same 13 (Executive/open session) 78 14 1.17 Consider/discuss, take appropriate action to pursue a proposal concerning economic development 15 (Executive Session) -- 16 4.1 Pay Bills 80 17 4.2 Budget Amendments 86 4.3 Late Bills 91 18 4.4 Approve and Accept Monthly Reports 91 19 5.1 Reports from Commissioners/Liaison Committee Assignments 92 20 --- Adjourned 103 21 22 23 24 25 4 1 On Monday, March 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: Good morning, ladies and gentlemen. 7 Let me call to order this regular meeting of the Kerr County 8 Commissioners Court scheduled for this time and date, Monday, 9 March 12th, 2007, at 9 a.m. It is that time now. 10 Commissioner Letz? 11 COMMISSIONER LETZ: Stand, if you would, and join me 12 in a moment of prayer, followed by the pledge. 13 (Prayer and pledge of allegiance.) 14 JUDGE TINLEY: Thank you. At this time, if there's 15 any member of the audience or the public that wishes to be 16 heard on any matter that is not a listed agenda item, you're 17 free to come forward at this time and tell us what's on your 18 mind. If you wish to be heard on any of the agenda items, 19 we'd ask that you fill out a participation form. They're 20 available at the back of the room. It's not essential, but it 21 does help me to know that there's someone that wishes to be 22 heard with regard to that particular agenda item, so that 23 hopefully I don't miss them when we get to that item. But if 24 we get to an agenda item, if you wish to be heard, if you 25 haven't filed a participation form, if you'll get my attention 3-12-07 5 1 in some way, well, I'll see that you're recognized and can be 2 heard. But right now, if there's anybody that wishes to be 3 heard on any item that is not a listed agenda item, please 4 feel free to come forward at this time. Seeing no one coming 5 forward, we will move on. Commissioner Letz, what do you have 6 for us this morning? 7 COMMISSIONER LETZ: I have a couple things this 8 morning. One, first, great rain in the eastern part of the 9 county. We had about 4 and a half inches. It can let up for 10 a while; we don't need a whole lot more today, but certainly 11 thankful for what we got. Second, I think everyone will 12 probably remember at our last Commissioners Court day, it was 13 a little bit dryer, and I think it was that same day we had a 14 pretty good fire burning just north of town, and I wanted to 15 say a couple comments about it. That fire was not as out of 16 control as I think a lot of the public thought. It was a 17 controlled burn, got out of control a little bit, primarily 18 due to the weather forecast being quite wrong that day. The 19 weather forecast, if you looked it up, the Weather Service 20 showed it was going to be at about 30 percent humidity with 21 very light winds. As it turned out, it was 5 percent humidity 22 with rather strong winds. So, I don't want it to be -- it 23 shouldn't be a reflection of controlled burning, prescribed 24 burning, whatever you want to call it. There -- it did cross 25 some fence lines. It got some other property -- the neighbors 3-12-07 6 1 surrounding it were aware the fire was going on, and there was 2 a little bit of tension, I think, between a couple people out 3 there and some law enforcement people. But aside from that, 4 the fire itself was pretty much -- did a pretty good job of 5 what it was intended to do. 6 One other comment I wanted to make today was the -- 7 I had an occasion -- it think it was last week -- to talk to a 8 representative from Jeff Barton's office. And Jeff Barton, 9 for those who don't know, is a former county commissioner from 10 Hays County; has been, I guess, a subdivision guru for years. 11 He's -- I think he was a commissioner when I first got 12 elected, and has a consulting firm now and works with a lot of 13 counties. And his office called to -- they knew we had 14 rewritten our rules, and just asked some questions. They've 15 read through them and wanted to kind of go through some 16 intent. And at the end of the conversation, I asked him, I 17 said, "Okay, you've probably read a lot of other county rules. 18 What do you think of Kerr County's rules? Are we going in the 19 right direction or wrong direction?" And they said, without 20 question, they thought Kerr County was going in the right 21 direction, and they thought we were innovative, and they 22 thought we were looking forward. They liked our approach on 23 water availability. They liked our approach on drainage, and 24 they hope other counties follow us. Which I thought was good 25 news, 'cause we have taken a little bit different approach 3-12-07 7 1 than a lot of the surrounding counties; we get some criticism 2 for doing that. That shows at least someone -- more what I 3 see as a pretty objective person thinking we're at least going 4 in the right direction. That's all I have. 5 JUDGE TINLEY: Commissioner Oehler? 6 COMMISSIONER OEHLER: Well, I'll say just a little 7 more about the burn situation, too. We had some prescribed 8 burns in my area during this same time, and to my knowledge, 9 none of them were out of control or were not contained. But 10 the one problem I think we still have is the fact that a lot 11 of people are not calling into the Sheriff's Department to let 12 them know they're going to be burning or doing a prescribed 13 burn. And in some cases, they're not notifying the volunteer 14 fire departments, and so that cause -- causes some trouble 15 whenever they have to be looking for a fire that's a legal 16 burn, and that's not a good thing. We need to encourage 17 everybody that's going to do a burn like that to call. Even 18 if the burn ban is off, it would be a good idea to call and 19 let people know that you're doing some burning, so that they 20 know where it is and -- and will be aware in case it does get 21 out of control. 22 Other thing is, we're still working -- the committee 23 is working on the Highway 39 and 1340 bridge projects. TexDOT 24 has -- has met with some of the committee members on numerous 25 occasions to discuss aesthetics and landscaping and guardrail 3-12-07 8 1 design and -- and just gathering information and having input 2 on those bridge projects being as nice as they could possibly 3 be. And TexDOT has bent over backwards, in my -- my opinion, 4 to accommodate the committee's requests, and have done 5 everything they can do to insure that the projects will be 6 pleasing -- as pleasing as possible. You're not going to 7 please everybody in that area; you're going to have some mad 8 people. Some people are still mad. But we do have to realize 9 that there are safety issues at hand, and -- and TexDOT can 10 only do so much, and they are doing it. They have 11 accommodated us in every form and fashion with information, 12 and just assisted in what -- everything that has been asked 13 for, and we have to thank them for that. We look forward to 14 going forward with this in the -- in the fall. Some of the 15 projects are going to be delayed, because they don't have all 16 the information they need to complete the plans for -- for 17 letting. Anyway, that's about all I have today in that area. 18 JUDGE TINLEY: Thank you. Commissioner Baldwin? 19 COMMISSIONER BALDWIN: Judge, I don't have anything 20 today. I'm -- I'm excited about doing the agenda and seeing 21 what's before us for -- from the public. Thank you. 22 JUDGE TINLEY: Commissioner Williams? 23 COMMISSIONER WILLIAMS: Couple quick notes. First, 24 the rain was pretty good in all of Precinct 2, so the burn ban 25 is off in Precinct 2. I noted with interest the story in the 3-12-07 9 1 newspaper about Headwaters Underground Water District and 2 their desire to make nice with Texas Water Development Board 3 in terms of their model, and they're going to seek input and 4 advice and counsel from T.W.D.B. I would think, thus far, 5 they haven't sought any counsel from us with respect to our 6 questions, but that remains to be seen. Glad you didn't use 7 all the money up at TexDOT, 'cause I had a call from -- from 8 Mike Coward, and they seem to have a few bucks left in their 9 off-system bridge fund, and I'm going to be meeting with them 10 tomorrow to talk about how we might improve the low-water 11 crossing underneath the Center Point Dam, which for us is Park 12 Street, and a street that is very difficult for -- for Leonard 13 to keep maintained because of the water and so forth and so 14 on. So, Leonard, if you have any time available tomorrow at 15 1 o'clock, meet me over at Center Point Park, and we'll be 16 meeting Mike Coward, and we'll talk about how maybe that might 17 end up becoming a bridge. That's it, Judge. 18 JUDGE TINLEY: Thank you. Commissioner Baldwin said 19 he was excited to get on with today's agenda. I don't know 20 whether that means he is or is not excited about all the work 21 he's got ahead of him for next week. Before we meet again, 22 Kerr County will play host to the west Texas County Judges and 23 Commissioners Association. That's next week. We'll have 24 visitors in town from as many as, I believe, 110 counties? 25 COMMISSIONER BALDWIN: 118. 3-12-07 10 1 JUDGE TINLEY: 118 counties, ranging all the way to 2 the top of the panhandle. Could be four commissioners and the 3 judge from each of those counties, as well as wives and 4 possibly some family members, since we're looking at a spring 5 break situation. We're going to have a lot of visitors in 6 town. We owe a lot of this to Commissioner Baldwin, who is 7 the current president of the West Texas County Judges and 8 Commissioners Association, and he's been working hard over the 9 last several months to put this thing together, and -- and 10 it's really going to be a good economic shot in the arm for -- 11 for Kerrville and Kerr County, and it's going to cause some -- 12 cause some work here for Commissioner Baldwin, members of the 13 Court, and I think Commissioner Oehler's been tagged as the 14 chef at the host court night, where they're going to have a 15 fish fry and so forth. And so there's going to be 16 participation. But I think Commissioner Baldwin deserves 17 recognition for his efforts in getting this function here, and 18 I think everybody's going to have a good time. They always 19 seem to like to come back to Kerrville. So, we appreciate 20 your efforts. 21 COMMISSIONER BALDWIN: Thank you. 22 JUDGE TINLEY: Let's get on with the agenda. First 23 item on the agenda is A Child's Place Learning Center, a 24 nonprofit child care center, is requesting waiver of the 25 rental fee for the Exhibit Hall and chairs for Wednesday, the 3-12-07 11 1 23rd of May of this year, all to be used to host the Pre-K 2 graduation promotion ceremonies for children ages 4 and 5, and 3 the hall will be used from 3 p.m. until 8:00, including setup 4 and cleanup. Is Ms. Smith with us this morning? I don't see 5 her. 6 COMMISSIONER BALDWIN: Judge, I have a question. 7 JUDGE TINLEY: All right, sir. 8 COMMISSIONER BALDWIN: What does our Exhibit Hall 9 rules say about nonprofit? 10 JUDGE TINLEY: Commissioner, my recollection is -- 11 is that there's a different rate structure for nonprofit, as 12 opposed to for-profit or commercials. It's effectively, if I 13 recall correctly, approximately half, but it's a significant 14 reduced cost structure for -- for nonprofit. My recollection 15 of the -- the waiver of all fees deal with, I think, functions 16 that Kerr County puts on, or possibly other governmental 17 entities. 18 COMMISSIONER BALDWIN: So, this is a half-price 19 issue, and they're asking us to waive the other half? 20 JUDGE TINLEY: That's -- that's essentially where we 21 are, as best I can determine. 22 COMMISSIONER WILLIAMS: That's correct. 23 JUDGE TINLEY: Did I -- did I state it essentially 24 correctly, according to your recollection? 25 MR. EMERSON: To the best of my recollection, but I 3-12-07 12 1 haven't read those rules in a while, so... 2 JUDGE TINLEY: Okay. 3 COMMISSIONER LETZ: Yeah, that's right. 4 COMMISSIONER BALDWIN: It appears to be a -- a 5 graduation ceremony for a small school here in town, and I 6 think that that is one of those things that we need to support 7 and -- and do everything we can to see that it happens, and 8 provide a -- a place for them to do that. So, I move that we 9 approve this. 10 JUDGE TINLEY: All right. 11 COMMISSIONER WILLIAMS: I'll second it. 12 JUDGE TINLEY: We have a motion and second for 13 approval of the agenda item. Is there any further question or 14 discussion on the motion? 15 COMMISSIONER LETZ: I'll make a comment. I mean, 16 I'm going to vote against it. I think if you do this, you 17 might as well waive it for all nonprofit. I don't think you 18 can pick and choose. Either it's all or nothing. 19 COMMISSIONER BALDWIN: I bet you I can. A 20 graduation of a school is different from a -- a toenail 21 clipping club, in my opinion, so I can pick and choose. 22 COMMISSIONER WILLIAMS: I would also -- I would also 23 hope that their request indicates they will do -- they will 24 bear the expense for the setup and cleanup. Using the hall is 25 one thing. Setup and cleanup expenses is something else. 3-12-07 13 1 COMMISSIONER LETZ: I don't see that in here. 2 COMMISSIONER BALDWIN: I didn't either. 3 COMMISSIONER LETZ: I think it's -- 4 COMMISSIONER OEHLER: I would like to see that as 5 part of the motion. 6 JUDGE TINLEY: Are you willing to include that as 7 part of your motion, Commissioner Baldwin? 8 COMMISSIONER BALDWIN: I am. I think that's a good 9 thought. 10 JUDGE TINLEY: All right. 11 COMMISSIONER LETZ: Are they going to reimburse for 12 personnel being out there during the -- at the facility? 13 COMMISSIONER WILLIAMS: No, they'd have to reimburse 14 the County, 'cause it's a county expense. 15 JUDGE TINLEY: Any other question or discussion? 16 All in favor of that motion, signify by raising your right 17 hand. 18 (Commissioners Baldwin, Williams, and Oehler voted in favor of the motion.) 19 JUDGE TINLEY: All opposed, same sign. 20 (Commissioner Letz voted against the motion.) 21 22 JUDGE TINLEY: Motion does carry. We'll move to 23 Item 2; consider and discuss approving the funding for May 12, 24 2007 election. Ms. Pieper? 25 MS. PIEPER: Gentlemen, I talked to the Auditor last 3-12-07 14 1 week, and he said that he found the funding for this in the 2 Workers Comp line item. 3 COMMISSIONER LETZ: I'll move we -- is there going 4 to be a budget amendment coming through today? Do you know? 5 MS. PIEPER: No, not yet. 6 COMMISSIONER OEHLER: There's no expense yet. They 7 probably don't need -- 8 MS. PIEPER: We had to get the funding before we 9 could do the budget amendment. 10 COMMISSIONER WILLIAMS: Take the whole $20,756 out 11 of Workers Comp? 12 MS. PIEPER: Yes. 13 COMMISSIONER LETZ: I'll move those funds come out 14 of the Workers Comp line item. 15 COMMISSIONER WILLIAMS: Second. 16 JUDGE TINLEY: Motion made and seconded for approval 17 of the agenda item of $20,576, funds to be taken from the 18 Workers Compensation line item. Any question or discussion on 19 the motion? 20 COMMISSIONER BALDWIN: I just have a question of the 21 clerk. Why do you find it necessary to -- to have this in 22 Spanish? 23 MS. PIEPER: Because it's -- 24 COMMISSIONER BALDWIN: For our benefit? Or -- 25 MS. PIEPER: No, sir. It's a requirement of the 3-12-07 15 1 Texas Election Code. 2 COMMISSIONER BALDWIN: Well, the first agenda item 3 wasn't in Spanish. 4 MS. PIEPER: Yes, sir, it was. 5 COMMISSIONER BALDWIN: It was? I don't see it. 6 JUDGE TINLEY: Are you talking about the graduation? 7 COMMISSIONER BALDWIN: The graduation. 8 MS. PIEPER: Oh, no. No, I'm sorry, not the 9 graduation item, no. I thought you were talking about last 10 week's agenda item. 11 COMMISSIONER BALDWIN: No. Why -- why is it 12 required by you that -- 13 MS. PIEPER: Anything that I -- 14 COMMISSIONER BALDWIN: Let me finish. The agenda 15 item request paper is -- be printed in Spanish? 16 MS. PIEPER: (Witness nodded.) 17 COMMISSIONER BALDWIN: For our benefit? 18 MS. PIEPER: For the benefit of Hispanics, I would 19 assume. That's -- 20 COMMISSIONER WILLIAMS: English and Spanish. 21 MS. PIEPER: Correct. 22 COMMISSIONER BALDWIN: I don't know. 23 MS. PIEPER: Anything I do in English, as far as 24 elections, I have to do in Spanish as well. 25 COMMISSIONER BALDWIN: Okay. 3-12-07 16 1 COMMISSIONER WILLIAMS: But not all of your 2 business, just election business? 3 MS. PIEPER: Right, that is correct. 4 JUDGE TINLEY: Any other questions or comments on 5 the motion? All in favor of that 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 3 quickly. Consider and discuss approving of the polling 12 locations in accordance with Chapter 43 of the Texas Election 13 Code. 14 MS. PIEPER: Last week's agenda item, Precinct 2 was 15 designated as the Extension Office, and it is booked, as well 16 as the Ag Barn. Therefore, we are requesting the Union 17 Church. 18 COMMISSIONER WILLIAMS: That's fine. So moved. 19 COMMISSIONER BALDWIN: Second. 20 JUDGE TINLEY: Motion made and seconded as 21 indicated. Any question or discussion on that motion? All in 22 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.) 3-12-07 17 1 JUDGE TINLEY: The motion does carry. 2 MS. PIEPER: Thank you. 3 JUDGE TINLEY: We'll move to Item 4, which is a 4 timed item at 9:15. It's just a smidget past that now. Do 5 you need a definition for "smidget," Commissioner Baldwin, or 6 do you remember the last one I gave? 7 COMMISSIONER BALDWIN: I want to see it in Spanish. 8 JUDGE TINLEY: I see. (Laughter.) Item 4 is a 9 request to plant a tree in the courthouse courtyard for the 10 35th anniversary of the Women's Chamber, in honor of Marj 11 Nicholson and Delores Livingston. Ms. Wollney? 12 MS. WOLLNEY: Sirs, we want to honor Marj Nicholson 13 and Delores Livingston. They have been charter members of 14 almost all the organizations here in -- 15 COMMISSIONER WILLIAMS: Speak up, please. Speak up, 16 please. 17 MS. WOLLNEY: Marj Nicholson and Delores Livingston 18 have been volunteers and charter members of almost everything 19 here in Kerrville, and we would like to honor them by planting 20 a tree by our time capsule in the courtyard of the courthouse 21 for Arbor Day. 22 JUDGE TINLEY: The time capsule -- refresh my 23 recollection. Where that is, please? 24 MS. WOLLNEY: Over by -- on this side of the 25 memorial. 3-12-07 18 1 COMMISSIONER WILLIAMS: Mm-hmm. 2 JUDGE TINLEY: Okay. 3 COMMISSIONER LETZ: I have no problem with a tree. 4 I think the location is -- I mean, I really -- we're getting 5 ready to do some -- hopefully some renovation of our grounds. 6 I'm not sure that's the best location. There are some outside 7 that we've had to remove a bunch of trees that died all along 8 the sidewalk and perimeter. Probably some better locations, 9 in my mind. 10 MS. WOLLNEY: What location would you suggest? 11 COMMISSIONER LETZ: Just somewhere along the 12 perimeter where we're -- you know, along Main Street, 13 possibly. I know there's some big holes outside the -- 14 between the sidewalk and the street. 15 MS. WOLLNEY: Well, that would be good, because we 16 don't want the roots to -- 17 COMMISSIONER LETZ: Right. 18 MS. WOLLNEY: -- interfere with the time capsule. 19 COMMISSIONER LETZ: This -- you know, and you can 20 get with our Maintenance Department or someone and figure out 21 a location. I know we do have some pretty big holes out on 22 the street, both on the Sidney Baker side and the Main Street 23 side. 24 COMMISSIONER BALDWIN: One tree for two people? 25 MS. WOLLNEY: Mm-hmm. 3-12-07 19 1 COMMISSIONER BALDWIN: Is that what you're -- 2 MS. WOLLNEY: Yes. Delores Livingston was the 3 chairman of the time capsule that is there, and the Women's 4 Chamber has done courthouse lighting and the lighting at 5 Tranquility Island, the beautification of Kerrville for 35 6 years. And -- 7 COMMISSIONER BALDWIN: Yeah, those two ladies have 8 done -- 9 MS. WOLLNEY: Yes. 10 COMMISSIONER BALDWIN: -- a lot of stuff in 11 Kerrville for a long, long time. 12 MS. WOLLNEY: Yes. They are charter members. They 13 have remained a member the whole 35 years. 14 COMMISSIONER BALDWIN: Wow. 15 COMMISSIONER WILLIAMS: When do you anticipate doing 16 this? 17 COMMISSIONER BALDWIN: Arbor Day. 18 MS. WOLLNEY: Whenever it's approved by y'all. And 19 I thought I would get with Dennis Kneese with the City; 20 there's a tree out there, and then arrange to have a planting 21 done. 22 COMMISSIONER BALDWIN: What does Dennis Kneese have 23 to do with it? 24 MS. WOLLNEY: Well, the City has those trees out 25 there that need to be planted. 3-12-07 20 1 COMMISSIONER BALDWIN: Oh. 2 COMMISSIONER LETZ: They're providing the tree? 3 COMMISSIONER BALDWIN: You'll get one of those 4 trees? 5 MS. WOLLNEY: Yes. 6 JUDGE TINLEY: Yeah, they are significantly larger 7 than what you would get if you went to a local nursery. 8 They're already pretty well grown out in some respects. 9 COMMISSIONER WILLIAMS: Do you plan to have it 10 professionally planted so that it doesn't die two days after 11 it's in the ground? 12 MS. WOLLNEY: Yes. We've been planting trees, Bill, 13 for years. 14 COMMISSIONER BALDWIN: The Maintenance supervisor's 15 sitting right there in that blue shirt. You need to get with 16 him. 17 MR. ODOM: More than happy to dig the hole, right? 18 MR. BOLLIER: I'll be more than happy. 19 MS. WOLLNEY: Thank you. 20 COMMISSIONER WILLIAMS: Move approval. 21 COMMISSIONER BALDWIN: Second. 22 JUDGE TINLEY: We have a motion -- 23 COMMISSIONER OEHLER: Second. 24 JUDGE TINLEY: -- and a second for the approval of 25 the agenda item, with the location to be determined on the 3-12-07 21 1 outer perimeter, as may be determined by the Maintenance 2 people. Any question or discussion on that motion? All in 3 favor of the motion, signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: The motion does carry. Thank you, 8 Ms. Wollney. 9 MS. WOLLNEY: Thank you. 10 JUDGE TINLEY: We'll move to Item 5; consider, 11 discuss, and take appropriate action on concept for revision 12 of plat for Lots 3 and 4 of R.H. Ranch as set forth in Volume 13 3, Page 84, Plat Records, and set a public hearing for the 14 same. 15 MR. ODOM: Yes. Good morning. That -- 16 JUDGE TINLEY: Morning. 17 MR. ODOM: Which is in Precinct 4. R.H. Ranch is 18 located at the end of Byas Springs, which we also used to call 19 Beach Road, past the end of county maintenance. The platted 20 subdivision road is Dybowski Road. The current lots are 21 100-acre lots. The developer wishes to divide them into 22 50-acre lots, all fronting a platted road that is privately 23 maintained. I believe the concept to revise Lots 3 and 4 of 24 R.H. Ranch meets all the current rules, and therefore, I ask 25 the public hearing be set for April the 23rd, 2007, at 10 a.m. 3-12-07 22 1 And this could be done off metes and bounds. It is under 2 1.03, the exceptions, which 10 acres or more on a private 3 road. We don't -- shouldn't have any problems. We don't 4 maintain that. It will be the responsibility of the people, 5 as it is out there now, to maintain that road. 6 COMMISSIONER OEHLER: Are we still tagging those 7 plats that we do that way? You know, that it will not ever be 8 served by county maintenance unless it's brought up to 9 standards? Is that -- 10 MR. VOELKEL: Our office is doing that now as a 11 public right-of-way. There's a note on there that the 12 maintenance is not -- 13 COMMISSIONER OEHLER: Just so everybody that buys 14 out there knows that that is the case. 15 MR. ODOM: No, sir. 16 COMMISSIONER OEHLER: So they don't come back and 17 say, "Well, you're going to take it over." 18 MR. VOELKEL: Correct. Good thought. 19 COMMISSIONER OEHLER: I move for the motion as 20 recommended by the Road Administrator, and the public hearing 21 be set for -- 22 MR. ODOM: April 23rd. 23 COMMISSIONER OEHLER: -- April 23rd at 10 a.m. 24 COMMISSIONER LETZ: Second, but I have a question. 25 MR. ODOM: Okay. 3-12-07 23 1 COMMISSIONER LETZ: You said it's exempt for what 2 reason? 3 MR. ODOM: Under 1.03, if you're on a private road 4 and 10 acres or more, you can sell it off metes and bounds 5 without platting it. 6 COMMISSIONER LETZ: It's already platted. 7 MR. VOELKEL: It's a revision of plat. 8 MR. ODOM: I'm sorry. I'm sorry, okay. 9 COMMISSIONER OEHLER: Yeah, that's what I'm -- 10 MR. ODOM: I'm sorry. It's a revision of plat. I 11 had in my mind it was 1.03. 12 COMMISSIONER LETZ: It's revising a plat, and 13 currently there's -- they're dividing them that way. How 14 old's the plat? 15 MR. ODOM: 1971, I believe is what I remember from 16 that, Commissioner. And I apologize. My -- 17 COMMISSIONER LETZ: You threw me on that one, but 18 I'm still trying to -- 19 COMMISSIONER OEHLER: Yeah, metes and bounds 20 wouldn't have been correct. 21 COMMISSIONER LETZ: 'Cause -- but is it exempt from 22 bringing that road up to standards? Because -- 23 MR. ODOM: It is a -- well, that's a good question. 24 But, however, it is an existing road. It is not maintained. 25 It says it's private from there back and all that we read on 3-12-07 24 1 that, and it's existing. 2 COMMISSIONER LETZ: Yeah. Doesn't make any 3 difference. I mean, the fact that it's private doesn't make 4 any difference, according to our rules. It may have -- I 5 mean, I think that they have to bring that road up to 6 standards. I don't -- or we have to give a waiver. I don't 7 see how -- unless we have an exemption for less than four lots 8 or something. But I don't think -- 9 COMMISSIONER BALDWIN: We had one -- 10 COMMISSIONER OEHLER: We have one for five or less, 11 don't we? 12 COMMISSIONER LETZ: Well, but you still have to make 13 a road. 14 COMMISSIONER OEHLER: We did that in the last 15 meeting for part of the Love Ranch. Only had 30 foot. This 16 is a 50-foot, which is -- 17 MR. ODOM: That was 50, but we did make them upgrade 18 that easement. But the reason we did that was because they 19 divided into two or more parts, and they laid out an easement. 20 COMMISSIONER OEHLER: Mm-hmm. 21 MR. ODOM: And that easement changed hands from one 22 owner to four owners. So, therefore, they had to build a 23 road, and that's the reason we made them come up. But, you 24 know, we're not -- there's no easement. It is a private road. 25 I'm not taking a position, other than if we're comparing 3-12-07 25 1 apples and oranges, I -- it's not the same. Love Road was a 2 different situation where you had an easement to one person 3 that owned 500, 600 acres. You divided it up, so therefore 4 you had to bring that up to standards. 5 COMMISSIONER LETZ: I just don't see any waiver for 6 it -- I mean, any provision for it. I mean, if it's less than 7 eight lots, it can be an unpaved country lane, but it's still 8 got to be an unpaved country lane. 9 MR. ODOM: You're saying the existing road needs to 10 be brought up to county standards? 11 COMMISSIONER LETZ: To minimum standards, yeah. I 12 don't see -- I mean, yeah. I don't see why you wouldn't. I 13 mean, I don't see why this is any different than any other 14 subdivision. 15 MR. ODOM: At this point, I haven't brought myself 16 to agree with you, but -- well, the acreage exemption would be 17 one. 18 COMMISSIONER LETZ: It's in a platted subdivision. 19 If it wasn't in a platted subdivision, they could do what they 20 want under state law, but it's in a subdivision, and it's sort 21 of going under our Subdivision Rules. Am I missing something, 22 Rex? Or -- 23 MR. EMERSON: I'll be happy to research it for you. 24 COMMISSIONER LETZ: What kind of road is it now? I 25 mean, the -- 3-12-07 26 1 COMMISSIONER OEHLER: Caliche road. 2 COMMISSIONER LETZ: Caliche? 3 MR. ODOM: Yeah. 4 COMMISSIONER OEHLER: The point is that Byas Springs 5 just ends. Basically, this road continues on, and has gone 6 into these two lots for a long time. 7 MR. ODOM: Oh, yeah. 8 COMMISSIONER OEHLER: And since the '70's. 9 MR. ODOM: I've been here 16, and we stopped where 10 our pavement is, that we had that checked, and that's where we 11 stopped our maintenance. 12 COMMISSIONER OEHLER: Not very far at all from the 13 end of that pavement to where their -- their deal is. 14 COMMISSIONER LETZ: I just -- I don't see that we 15 have a provision without giving a waiver to keep them -- I 16 mean, make them -- 17 MR. ODOM: We'd have to make that part of the 18 motion, then. Evidently, we'd have to give an exception. 19 COMMISSIONER LETZ: Right. But I wouldn't be 20 inclined to do it. 21 COMMISSIONER OEHLER: Okay. I mean, that would be 22 the legal way to do it. 23 COMMISSIONER LETZ: Right. 24 COMMISSIONER WILLIAMS: A variance? 25 MR. ODOM: A variance. If they built a country lane 3-12-07 27 1 and they could use caliche material and bring it up, and I 2 have discretion to look at it to see what's there, then I 3 could do that. 4 COMMISSIONER OEHLER: I'd go for that. 5 MR. ODOM: Now, they were not going to leave the 6 road; they were going to bring it up to, you know, a decent 7 standard, is my understanding when we discussed it before. 8 They were going to blade it up. It wouldn't be like it is 9 now. But to sealcoat and all like that, they just -- 10 COMMISSIONER LETZ: They don't need to sealcoat. 11 MR. ODOM: Well, I don't think they do either. 12 COMMISSIONER LETZ: It's unpaved, less than eight 13 lots, so unpaved country lane. But it needs to be -- and you 14 may give a fair amount of -- 15 MR. ODOM: Jimmy? 16 COMMISSIONER OEHLER: I'll withdraw my motion and 17 we'll redo it. How's that? 18 JUDGE TINLEY: Is it necessary, if we're just 19 setting a public hearing and that's the only formal action 20 we're taking, that we resolve this issue right now? 21 MR. ODOM: No. 22 COMMISSIONER LETZ: I think they -- 23 MR. RENO: Can I say something? 24 JUDGE TINLEY: You'll need to come forward and give 25 us your name and address, please, sir. 3-12-07 28 1 MR. RENO: My name is Jimmy Reno, and I represent 2 both the people that own the property now and the potential 3 people that have it under contract. As you well know, the 4 road out there is in pretty bad shape. The people -- either 5 party is planning on improving that road. It hasn't had 6 anything done to it, to my knowledge -- I don't know if ever. 7 So, they're probably looking at putting -- it's about a half a 8 mile of road, and they're probably looking at spending 9 somewhere between 10,000 and 20,000 just on road and 10 materials, crowning it and making it. It's not awful, but 11 it's just needing some materials. That's -- they know going 12 in -- one of the questions was do they know, you know, going 13 in that it's a privately maintained road? Yeah, both parties 14 know that it's a privately maintained road. The County's 15 never going to take that over. The only reason that we were 16 thinking of splitting that -- those two tracts up is for 17 monetary reasons, of course. I mean, they lay out in a 18 position where they are easily split up, and it's easier to 19 sell 50-acre tracts than 100-acre tracts. And that being 20 said, that's kind of the background on that. It's that we 21 know -- we've known all along that it's a privately maintained 22 road. So -- you know, so -- 23 COMMISSIONER LETZ: Sounds like they're willing to 24 spend the money to get it to what's going to meet our minimum 25 requirements anyway. 3-12-07 29 1 MR. RENO: Well, I don't know what that -- I don't 2 know the cost of that, so -- 3 MR. VOELKEL: Have to look at that. Be more than 4 $10,000 or $20,000, probably. 5 MR. RENO: Yeah, I think it's going to be more than 6 that, too. That's all I have to comment on. 7 COMMISSIONER WILLIAMS: Well, the Judge's point is, 8 all we're doing is setting a public hearing at this point, 9 right? 10 COMMISSIONER LETZ: Right. And I think -- yeah, set 11 the public hearing and let Len go out and look at the road, 12 see if there's credit we can give. I'm sure there's some kind 13 of base there; the old road's holding up. There's some kind 14 of base credit there. Depends on the width of it. They can 15 look at it and see what the cost is going to be. But it's -- 16 you know, I don't see a way to do it without doing a variance. 17 MR. ODOM: Since this is not five or more lots, they 18 would not need a drainage study; am I correct? 19 COMMISSIONER LETZ: Correct. Although you need -- 20 MR. ODOM: That's one thing that you wouldn't look 21 at. 22 MR. VOELKEL: If the road is brought up to county 23 standards, then the County will take over maintenance? 24 COMMISSIONER LETZ: No. 25 MR. VOELKEL: It no longer is a privately maintained 3-12-07 30 1 road at that point, correct? 2 COMMISSIONER LETZ: No, it would be still, unless 3 they want it to be paved. If it's unpaved, the County won't 4 take it over. If they bring it up to a paved country lane, 5 we'll take it over. 6 MR. VOELKEL: But isn't there a provision for a -- 7 it has to be paved for the County to maintain it? 8 MR. ODOM: That's right. 9 MR. VOELKEL: Okay, got you. 10 COMMISSIONER LETZ: If they brought it up to that 11 standard, then the County would take over maintenance of it. 12 JUDGE TINLEY: Be a difference in right-of-way width 13 too, unless there was a variance there. 14 COMMISSIONER OEHLER: Yeah. It's -- 15 JUDGE TINLEY: They're quoting 50, and the unpaved 16 country is 60. 17 MR. VOELKEL: Okay. 18 MR. ODOM: So, we'll go ahead and set the public 19 hearing for that, and then they can make up their mind what 20 they're going to do. 21 COMMISSIONER LETZ: Okay. 22 MR. ODOM: I apologize to the Court. 23 COMMISSIONER WILLIAMS: What's the date on the 24 public hearing, Commissioner? 25 COMMISSIONER OEHLER: Date of the public hearing, I 3-12-07 31 1 believe that we set a public hearing for March -- no, for 2 April the -- 3 MR. ODOM: 23rd. 4 COMMISSIONER OEHLER: -- 23rd at 10 o'clock on the 5 concept plan for revision of plat, Lots 3 and 4, R.H. Ranch. 6 JUDGE TINLEY: That was the motion that I had. 7 COMMISSIONER LETZ: Second. 8 JUDGE TINLEY: You had a second to that, 9 Commissioner Letz, I believe? 10 COMMISSIONER LETZ: Yes. 11 JUDGE TINLEY: Any further question or discussion on 12 that the motion? All in favor of the motion, signify by 13 raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: That motion does carry. Let's go to 18 a timed item at 9:30, if we might. It's a bit past that now. 19 Public records, a map of Tivy Mountain Cemetery. Teri 20 Botello. Any member of the Court have any information on this 21 item, other than the agenda item as indicated? 22 COMMISSIONER LETZ: No, sir. 23 JUDGE TINLEY: We'll pass any consideration of that 24 item till further mention. We'll go to Item 6; consider, 25 discuss, and take appropriate action for concept of Ranger 3-12-07 32 1 Commercial Park located in Precinct 2. 2 MR. ODOM: Is this -- I'm sorry, I can't hear. 3 MR. VOELKEL: It's all right. 4 MR. ODOM: Not only am I going brain dead, I can't 5 hear any more. So sorry. I -- well, this is a preliminary 6 plat for the property which we're calling now Ranger -- it was 7 called Ranger Park. They're changing the name to Ranger 8 Commercial Park. And I talked to Mr. Brinkman and Lee here. 9 I don't know if they wish to go through -- maybe I can turn 10 the time over to Lee and let him talk. Any questions, then 11 I'll come back. But there are some discrepancies in here, and 12 I've addressed that, and I've had a letter from Lee. So, I'm 13 not quite sure whether they wish to go forward with this 14 concept or to do that, and I think they're concerned if 15 they're committed -- and I don't think they're committed on a 16 concept whatsoever, so I think it's best to talk about it. 17 But I'll leave that to Lee to -- 18 COMMISSIONER WILLIAMS: The agenda item says 19 concept. Are we doing concept or preliminary? 20 MR. VOELKEL: This will be a concept plan. 21 COMMISSIONER WILLIAMS: Okay. 22 MR. VOELKEL: What we did, we wanted to be real 23 sensitive that this discussion this morning of a concept plan 24 doesn't affect the integrity of a preliminary plat that's 25 already been approved, if that makes any sense. And I've 3-12-07 33 1 tried to outline in the letter what has happened up to this 2 point with the preliminary plat of what was called Ranger 3 Park, which was the initial subdivision that came in with five 4 lots, a new road with a cul-de-sac. At the point of approval 5 of the preliminary plat, as my letter outlines, there were 6 some exceptions that were given for the development of that 7 subdivision. And, again, this is a -- is a commercial park, 8 as opposed to a residential. 9 There's now been some thought about adding some 10 additional properties to the west of the existing land, which 11 would add another three lots, I believe that we have on the -- 12 on the concept plan, and take care of most of the 13 exceptions -- or I should say improve upon most of the 14 exceptions that were granted before; i.e., additional 15 right-of-way, additional road width, base on the road, things 16 of that nature, although there's still concern about having to 17 do a -- a drainage plan for the entire property. And, as 18 you'll see on the concept plan drawing, there was a road that 19 was extended to the west for possible development in the 20 future, although there's no -- no other thought to that right 21 now about any more land being available, just to put that on 22 the plat. And the fact that that road would not have to be 23 improved at this time. So, that's what's before you today, 24 again, is just a concept plan to see if that would be 25 acceptable with the County. 3-12-07 34 1 COMMISSIONER WILLIAMS: Lee, I think you ought to 2 talk to the Court a little bit about your Paragraph 2, how 3 this got back to us and Ms. Cunningham's no longer involved, 4 and blah, blah, blah, blah, blah, all that stuff. 5 MR. VOELKEL: To my knowledge, Ms. Cunningham still 6 owns the property. Maybe Harvey Brinkman can address that a 7 little bit better than myself. 8 MR. BRINKMAN: Harvey Brinkman, 821-A Earl Garrett, 9 Kerrville. But because it's -- there's two owners, I know how 10 confusing this -- this sounds. The -- there's a gentleman 11 named Jack Fulton that intends to buy out Mrs. Cunningham and 12 take over the park, and it has not happened. It's supposed to 13 happen this coming Friday if things proceed like we're hoping 14 to. If they don't, she's still in -- in the process. And 15 I -- my understanding, she'd have -- still may have to pave 16 the road and -- you know, from the preliminary plat, and then 17 go to a, you know, final plat. When we -- when I got to 18 looking at it in a -- the economics of it made more sense to 19 put together more land with that road, where you'd have more 20 property to offer for a mini industrial park, commercial park 21 in the Center Point area. And when we started working toward 22 that goal, the -- we ran into some obstacles in reference to 23 the concept plan, and we -- we felt like -- well, and one 24 thing I did mention to some of the gentlemen earlier, I did 25 purchase the 6.86 acres to the west of this on Friday of last 3-12-07 35 1 week from Mr. Thomason, so I am the owner of that part of the 2 property. The other part is kind of in limbo as to who really 3 will own it, you know, once we get past this stage. 4 The things that we hit -- you know, and I 5 appreciate -- we did check with Mr. Emerson in reference to 6 the fact that if -- if the property does change, the 7 preliminary plat does go with the -- the owner, not -- I mean, 8 it's a land deal, not an ownership deal, is the way I 9 understood it. And that's the way we were -- it was passed 10 on, and we want to continue in that regard. But we were 11 trying to improve the park by widening the road. As a 12 commercial broker, I look at different properties around Kerr 13 County. In Kerrville, we don't have any 80-foot 14 right-of-ways. I think the closest one we have is right in 15 front of the jail. You know, that might be the only 80-foot 16 right-of-way around, but it's 60 foot going into that 80-foot 17 right-of-way by KPUB. So, everything you do, you can't allow 18 big vehicles into it very easily. With this park -- and even 19 with the airport industrial park, it's a 60-foot right-of-way, 20 which I do not understand why they did it that way, but they 21 did. 22 As y'all know, TexDOT's going to be moving into that 23 area too, eventually. With it, we were trying to just do 24 something a little bit better than even the -- the rules were 25 asking for, to make it into a better park. The idea of the -- 3-12-07 36 1 when I talked to Mr. Thomason about the right-of-way going off 2 to the left of that -- you know, or another road easement, it 3 was just -- I was trying to think ahead a little bit, that we 4 would be there. If it doesn't happen, I guess we'll have to 5 just, you know, give it back to the landowners, whoever they 6 may be at the time. The thing that hit us the hardest was the 7 drainage study. When I checked with Vordenbaum, I was quoted 8 a price of $8,700. As I have said aloud to several people, I 9 would rather donate my half of that $8,700 to the County and 10 let that go into a fund for a bigger drainage study of Center 11 Point in that area. My understanding also, there are 12 gentlemen looking at doing another warehouse park across the 13 highway from this, on the same -- on the west side, again, of 14 Center Point. They bought -- how big? 15 MR. VOELKEL: 28. 16 MR. BRINKMAN: 28 acres from Mr. Thomason. And if 17 that happens, I would rather tie in with somebody else's 18 drainage study for the whole thing. Another piece of property 19 on the other side of the L.C.R.A. power line there, toward the 20 ballpark going into Center Point was also sold a couple of 21 years ago; a guy was going to do a -- a storage units there, 22 and backed off because he -- his study said that it was too 23 early to do it. I -- you know, again, I'd like to go to him 24 and say, "Let's do a drainage study for the whole area that 25 we're trying to incorporate," instead of me piecemealing 3-12-07 37 1 something like this. That's just my feelings on it. The deal 2 is, is where we are right now, we will go forward with the 3 preliminary plat of Ranger Park, and then come back maybe 4 later to add on my acreage to it somehow or another. Or we 5 try to go with the concept plan and go forward, and me donate, 6 like I said, my half of that 8,700. I can't speak for the 7 other gentleman -- other person. 8 COMMISSIONER WILLIAMS: Let me shed a little light 9 on some of the things here. When this came before us before, 10 Commissioner Letz had some objections to some of the things 11 that the Court ended up granting as variances, more 12 particularly because the applicant was under -- for lack of a 13 better term, sort of under time duress, thinking they had to 14 get out of their location and move their business, and they 15 were -- 16 MR. BRINKMAN: Correct. 17 COMMISSIONER WILLIAMS: And whatever. So, we gave 18 them some considerations over the Commissioner's objections 19 that we probably shouldn't have done. So, this gives us an 20 opportunity to correct those, not the least of which is the 21 right-of-way being -- going from 50 feet to 80 feet, and the 22 cul-de-sac going from 50 feet to 60 feet, and the set 23 right-of-way -- the setback going from 10 to 20 feet and so 24 forth. So, a lot of those things have been corrected in this 25 particular concept that Mr. Brinkman is bringing before the 3-12-07 38 1 Court. Let me talk a little bit about the drainage plan. My 2 recollection is -- and before I tell you what my recollection 3 is, it might not be a bad idea go back and take a look and see 4 what happened after last night's rains in that area to kind of 5 confirm the need, or -- or whether or not we need to do this 6 based on -- on water considerations, 'cause you had a pretty 7 good rainfall in that area. 8 My recollection is, over the last major flood we 9 had, Mr. Thomason had a lake up there on the hill above the 10 property, and the dam to his lake broke for the second time, I 11 believe, and the water came cascading down and did some flood 12 damage, but the water basically came down through the Little 13 League fields. Didn't come down through this particular piece 14 of property, if my memory serves me correctly. Now, some of 15 it obviously did, but the bulk of it came down and did some 16 damage to the Little League fields and did some damage to 17 storage sheds across the highway at 27 by that -- by that 18 watercourse that TexDOT had put in on Highway 27, and did some 19 damage back in there on -- was it Harless Street or Bowlin 20 Street? Whatever it is back in there. So, it wasn't 21 necessarily this particular piece of property that was -- was 22 victimized from that last major rainfall. But I would think 23 that it might not be a bad idea to take a look and see what 24 happened as a result of last night's rains, because we had 4 25 to 5 inches or more in that area, and you get a pretty good 3-12-07 39 1 idea of what the water sheeting off that hill will do on this 2 particular piece of property. 3 COMMISSIONER LETZ: I don't -- and I've talked to 4 Lee about this at some length last week. First, I mean, on 5 the -- I think this is a very good plan. I mean, I like to 6 see -- hopefully, Mr. Brinkman will continue. I like -- you 7 know, I don't see any reason -- I think there was some 8 discussion where that road needs to be built that would tie 9 in. I don't see that our rules require that. In fact, we 10 actually do require that you allow for -- getting into or 11 access to unsubdivided land, neighboring, which I think you're 12 doing, so I think you're actually complying totally in that 13 area. In the drainage area, I really like the approach 14 Mr. Brinkman says about doing a regional study, 'cause the 15 problem is not this property. The problem is the drainage 16 above it and the way it funnels down. 17 So, I think that -- I think we, at some point, are 18 going to need a drainage study, and I really don't see any 19 reason why one developer should be required to pay for it, 20 when really it's -- the neighbors are going to benefit 21 certainly as much as he is. I don't know -- I really would 22 like to see if it's possible to get some other people to 23 contribute to that study, because the -- any study's going to 24 have to look at that drainage basin, or that -- Mr. Thomason's 25 lake broke several years ago. As development comes in here 3-12-07 40 1 like this type, there's going to be a great increase of 2 impervious cover; roofs, roads, et cetera, so I think just 3 because it didn't flood last night doesn't mean it's not going 4 to flood. I think you really have to look at what's going to 5 happen in this area, especially if more commercial development 6 of this type comes in that area. But I really -- I mean, I 7 would like to find out if -- if Mr. Brinkman can rally some 8 support from some of his other people, and in the same -- at 9 the same time ask for a contribution. And Mr. Odom may want 10 to contact Mr. Wells and see if he'd do the drainage study for 11 the County. 12 MR. ODOM: That was in the back of my mind. 13 COMMISSIONER LETZ: And he's on our payroll -- or he 14 gets paid hourly. He's qualified, I think, to do a drainage 15 study and look at -- let the County do a regional study. If 16 there's going to be multiple people contribute to it, I'd 17 like -- probably rather have y'all work with him directly. 18 Kind of better for the developers to work with him, but I 19 think he'd be a good person to use, and it's to the benefit of 20 this whole little area in Center Point. So -- 21 MR. BRINKMAN: I mean, during my discussion with 22 Mr. Thomason -- I don't like to speak for him -- he told me he 23 is digging -- he won't put another dam back. Now, I mentioned 24 off-site retention ponds and such like that, because it just 25 makes so much sense. We have good -- you know, great draws in 3-12-07 41 1 Kerr County. To, you know, contain water eventually, because 2 of creation of impervious or whatever, you know, cover all 3 over. But when I talked to Mr. Thomason, he said he was 4 digging a giant hole back there. I'm not sure if he's doing 5 some mining or what, but -- you know, and I hate to speak for 6 him, again, you know, but he said that, "Hey, I've got a 7 better deal than a dam going on." And -- 8 COMMISSIONER WILLIAMS: That's good, 'cause the dam 9 wasn't a very good deal. 10 MR. BRINKMAN: Well, and maybe that's -- but I just 11 was trying to think a little bit ahead of -- just like this 12 particular park, like you said, Jonathan, that I -- I look 13 forward to working with the other people. The buyer on the 14 property at this point is not eager to donate, I don't 15 believe. I will have to arm-twist or something like that. I 16 believe strongly that if I put up a bond or however y'all 17 would look at this to go forward with the regional type study, 18 I'll be glad to do that, you know, this week, with the 19 Commissioner's Court's approval. 20 COMMISSIONER WILLIAMS: How would you like to 21 proceed on that issue? I'm sorry, Judge, I'm looking across 22 you. 23 COMMISSIONER LETZ: I don't know. I think the first 24 step, I'd like to -- maybe if Len could contact the County's 25 consulting engineer and see what he thinks a study would cost, 3-12-07 42 1 because the -- I mean, the reality is, the drainage issue 2 isn't on this tract. It's how the water's coming down above 3 it. 4 COMMISSIONER WILLIAMS: Right. 5 COMMISSIONER LETZ: And, you know, I think it needs 6 to be looked at, but I -- but it's -- I mean, I don't know 7 that a drainage study at this particular property -- if you 8 were just to do a study on your property, I don't think you're 9 going to have as much of a drainage issue. I don't know if 10 Vordenbaum is looking at above or beyond, and our rules are a 11 little bit unclear, in my mind. I don't know how far up the 12 basin you go in a drainage study. I mean, my thought was 13 always that you look at the -- the site that you're 14 developing, and in this case, that's somewhat irrelevant, 15 because the water's not coming from that site; it's going to 16 be coming from above it. So, our rules are a little bit -- 17 kind of mixed up. Obviously, if someone's building, you know, 18 up around Hunt, we don't require them to do a whole South Fork 19 of the Guadalupe River drainage study. I mean, you have to 20 kind of look at these things -- 21 COMMISSIONER OEHLER: Well, is this development 22 going to cause a change in the drainage? Maybe the drainage 23 goes around it? Or does it just come up -- 24 COMMISSIONER LETZ: Well, just the drainage -- it 25 might. It's a field with a big draw behind it. I mean, 3-12-07 43 1 it's -- all the water behind it from a pretty large drainage 2 area goes onto this field. I don't know that anyone's done -- 3 basically, probably 1-foot contours is what it's going to take 4 to figure out exactly where that water's going. I think 5 Bill's recollection is correct; my recollection was the same, 6 that that last big flood, that water went to the east of this 7 tract of land. 8 COMMISSIONER WILLIAMS: That's right. 9 COMMISSIONER LETZ: But as development goes in 10 there -- you know, if you change things a foot, it could 11 totally change where that water's going to go. Obviously, 12 this road's going to have some impact. 13 MR. ODOM: If you change that master plan, then 14 you're going to have that, but I -- I like the idea. What 15 we're talking about is not a dam. We're talking about a 16 detention pond back up in there, and I -- maybe we could get 17 Wells and Mr. Brinkman and some other people to look at a 18 master plan of drainage. Because if this is successful, and I 19 hope it is -- and it may be -- but it sounds like a good plan. 20 I would imagine it would open up -- and I would like to see 21 the drainage done overall, and particularly if it's across the 22 field. The water's got to go somewhere. 23 COMMISSIONER LETZ: Yeah. It's -- 24 MR. ODOM: It's going to the river. 25 COMMISSIONER WILLIAMS: But the detention -- if it 3-12-07 44 1 is, in fact, a detention pond, it is still on Mr. Thomason's 2 property. It is not the property in question. 3 MR. ODOM: It's not the question there. But I'm 4 saying if they would enter in -- if that was taken in as the 5 plan, you're going to have water detention as -- and you're 6 going to have credit to the people downstream, particularly on 7 the river from there on down. It's going at a certain 8 distance. They will benefit, and the flood stage will drop a 9 little bit, 'cause you have less feed. So, the hydrologist 10 needs to look at it to see, but I -- I think, personally, if 11 you were putting the park in, I think you need the drainage 12 study. But that's eight; that's five or more. 13 JUDGE TINLEY: I think Mr. Brinkman is making an 14 effort to significantly improve the viability of this 15 commercial development, and at the same time, as a part of 16 making that have the opportunity to be more successful, I 17 think he's making it more attractive to the County with the 18 improved right-of-way width and the dedication of the 19 cul-de-sacs and things of that nature, the spur out for future 20 development. And it occurs to me that the -- the neighbors in 21 that area, Thomason in particular, if -- if he's going to 22 adversely affect this thing, he -- he could be called upon to 23 have some responsibility in the future. He's got other lands 24 there that may be the subject of future development, and it 25 certainly is -- makes sense to me that the economy of scale 3-12-07 45 1 would be that you'd want to get all these folks in that area, 2 and on a per capita basis, it would be much, much more 3 reasonable to them to participate in a study of the entire 4 area. 5 MR. ODOM: It markets their land a whole lot better. 6 JUDGE TINLEY: Mm-hmm, sure. And they they've got 7 -- they've got -- 8 MR. ODOM: Even if it's raw land, it's -- 9 JUDGE TINLEY: -- ahead of their development. 10 MR. ODOM: Pre-development. It will change a little 11 bit, but you'll have a master plan overall. The raw land will 12 be worth more, because you'll be able to talk to it and show 13 it. So, I think it's a win-win. That's up to the Court. But 14 as it is right now -- and I also want to say that I went back 15 in the minutes. There is to be a cul-de-sac on that five 16 lots. There is a cul-de-sac; that's in the minutes. 17 COMMISSIONER WILLIAMS: Sure. Yeah, but this is 18 improved. What's being shown here -- 19 MR. ODOM: What I'm saying, if you went back to the 20 original preliminary, we said in there for that final that 21 there would be a cul-de-sac at that end. 22 COMMISSIONER WILLIAMS: Right. 23 MR. ODOM: So, I hear that there's not to be, and 24 there's some other things in here that I don't recall or see, 25 but it's totally irrelevant. If they go back to preliminary, 3-12-07 46 1 I want to make sure you understand that there will be a 2 cul-de-sac at the end. 3 COMMISSIONER WILLIAMS: Well, the drawing clearly 4 shows a cul-de-sac, and it's an improved situation over what 5 was presented to the Court at a previous time. I would move 6 approval of the concept plan, and urge Mr. Brinkman to 7 participate in an area watershed study as future development 8 comes about. 9 MR. VOELKEL: Commissioner, may I make a suggestion? 10 And maybe Harvey can enlighten, too. Why don't we -- what you 11 said, that's fine, but maybe come back in two weeks and give 12 Mr. Brinkman some time to talk with some of the people 13 involved. 14 COMMISSIONER WILLIAMS: That's fine. 15 MR. VOELKEL: And bring it back to the Court again, 16 see what we can do on drainage. 17 COMMISSIONER WILLIAMS: That's fine. 18 COMMISSIONER LETZ: I'll second, and I have a 19 comment. 20 JUDGE TINLEY: We have a motion and second as 21 indicated. 22 COMMISSIONER LETZ: I think my comment is that, I 23 mean, I think it's important to get a drainage study done 24 here. I also understand that because that preliminary plat 25 was approved with five lots, that this development can go 3-12-07 47 1 forward without anything. I mean, so I think Mr. Brinkman's 2 really coming out and offering to put up some funds to get a 3 drainage study done, which I think is a very good idea. And I 4 really hope -- you know, so that's why I'm supporting this. 5 It's kind of in that gray area as to adding the three lots to 6 it. Then you start -- that does trigger a drainage study, but 7 I think a drainage study on this property is meaningless. 8 What needs to be done is a regional plan to find out where the 9 water's coming from above where the dam broke recently. 10 MR. ODOM: If I can also make a comment on top, 11 that's what I'm talking about. The cul-de-sac is -- original 12 preliminary plat calls for a cul-de-sac. 13 COMMISSIONER LETZ: Calls for -- as I recall, 14 though, it calls for a cul-de-sac in very general terms. It 15 was -- I didn't like the -- 16 COMMISSIONER WILLIAMS: Exactly. 17 COMMISSIONER LETZ: I didn't like what happened. It 18 called for a gravel area, not a paved cul-de-sac. 19 COMMISSIONER WILLIAMS: It was just -- 20 COMMISSIONER LETZ: Just a piece of property. It 21 was in a lot that wasn't deeded. 22 COMMISSIONER WILLIAMS: It was a turn-around in 23 gravel in one of the lots. So this is a distinct cul-de-sac; 24 that's an improvement. 25 COMMISSIONER LETZ: I wasn't real happy with the 3-12-07 48 1 last option. 2 COMMISSIONER OEHLER: Seems to me like we don't have 3 any choice; we need to approve this. He doesn't like the 4 approved plan. I don't think we'd be doing the approved plan. 5 COMMISSIONER WILLIAMS: They'll come back with a 6 preliminary. 7 COMMISSIONER OEHLER: I know, but the original 8 preliminary that was approved -- 9 COMMISSIONER WILLIAMS: Oh, yeah. 10 COMMISSIONER OEHLER: This is much improved over 11 that. 12 COMMISSIONER WILLIAMS: No question about it. 13 Vastly improved. 14 JUDGE TINLEY: From a concept plan standpoint, I 15 think Mr. Brinkman would be safe in talking to those property 16 owners in the area, particularly those that might have some 17 thought in mind about developing the property at some time in 18 the foreseeable future; that -- that the consensus of the 19 Court appears to be that we really prefer very strongly a 20 regional type drainage plan, an area drainage plan, as opposed 21 to a single property. Would that be safe to say, gentlemen? 22 COMMISSIONER LETZ: Yeah, regional plan. And all 23 I'm talking about is one that you can draw a line up there, a 24 one-page regional plan basically from the Little League park 25 to Mr. Thomason's driveway. 3-12-07 49 1 MR. VOELKEL: Entire drainage area for there. 2 COMMISSIONER LETZ: Right. 3 COMMISSIONER WILLIAMS: From that watercourse where 4 -- at 27, where 27 has that watercourse through there, for the 5 state watercourse, westward to, say, Mr. Thomason's line. 6 MR. BRINKMAN: Since you bring up TexDOT, when the 7 Bank of the Hills put their ATM, you know, in Center Point, -- 8 COMMISSIONER WILLIAMS: Mm-hmm. 9 MR. BRINKMAN: -- there was a drainage issue there, 10 and TexDOT got involved. I'm not sure if TexDOT needs to be 11 involved in any of this. I don't know what's out there for -- 12 COMMISSIONER WILLIAMS: That was more a ponding 13 issue because of the crowned road -- because of the crown of 14 the road kept the water impounded there in that area. 15 MR. BRINKMAN: Okay. 16 COMMISSIONER WILLIAMS: This one, that water does 17 drain off into that watercourse TexDOT has right there on 27. 18 But -- so it's a little bit different. 19 COMMISSIONER LETZ: Little different. But I think 20 what the -- as development happens, more water's going to be 21 running off. 22 COMMISSIONER WILLIAMS: Right. 23 COMMISSIONER LETZ: I think TexDOT does need to be 24 brought into what's going on. 25 COMMISSIONER BALDWIN: I agree. 3-12-07 50 1 COMMISSIONER LETZ: At some point. 2 COMMISSIONER WILLIAMS: Yeah, I agree. 3 JUDGE TINLEY: Any further question or discussion on 4 the motion? All in favor of the motion, signify by raising 5 your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: The motion does carry. Let's move to 10 Item 8; consider, discuss, and take appropriate action on 11 appointing county members to the joint dispatch committee. 12 Commissioner Baldwin? 13 COMMISSIONER BALDWIN: Thank you, Judge. In the 14 backup, we -- the copy of the resolution in there outlines who 15 is to be on this committee. It is obvious to me that we're 16 really not ready to put a list of names on the table and vote 17 on them. So, what I want to say to you, now that -- you know, 18 that we have our attention on this thing and we can focus on 19 it today, in two weeks, let's come back with -- obviously, the 20 Kerr County Sheriff is an easy one. We have to get someone 21 from a volunteer fire department, someone from the First 22 Responders, and choose a Commissioners Court member, and it 23 could be one or two. 24 COMMISSIONER WILLIAMS: County Auditor. 25 COMMISSIONER BALDWIN: Well, County Auditor's pretty 3-12-07 51 1 simple. We know who he is. 2 JUDGE TINLEY: Commissioner, on the volunteer fire 3 department and First Responder, I see that as being one rep to 4 represent both of them. 5 COMMISSIONER BALDWIN: That is correct, yes, sir. 6 JUDGE TINLEY: Okay. So we're looking at two, maybe 7 three, depending upon if Commissioners Court has one or two 8 representatives -- 9 COMMISSIONER BALDWIN: That is correct. 10 JUDGE TINLEY: -- that we need to designate. 11 COMMISSIONER BALDWIN: Mm-hmm. 12 JUDGE TINLEY: Okay. 13 COMMISSIONER BALDWIN: So -- 14 COMMISSIONER LETZ: Any ideas on the volunteer fire 15 department? Any in y'all's areas? 16 COMMISSIONER BALDWIN: Well, I'd be happy to present 17 names in the next two weeks before we get back in here, and 18 I'll get a -- get a memo out to everybody with my 19 recommendations, and then we can play phone tag and whatever 20 back and forth to get it -- until we settle on who we want on 21 the agenda. 22 COMMISSIONER LETZ: Might want to be careful. 23 COMMISSIONER OEHLER: Don't send me any of those. 24 COMMISSIONER BALDWIN: No, you're absolutely wrong 25 about that. I can send you all I want to. You cannot respond 3-12-07 52 1 back. 2 COMMISSIONER OEHLER: That's right. 3 COMMISSIONER BALDWIN: Yeah. 4 COMMISSIONER OEHLER: I don't want to respond back. 5 COMMISSIONER BALDWIN: The Open Meetings Act is 6 something that everybody gets scared and runs from. That is 7 just absolutely not true. So... 8 JUDGE TINLEY: Anybody have anything further on that 9 particular agenda item? 10 COMMISSIONER BALDWIN: So I'll bring it back in two 11 weeks, and -- 12 JUDGE TINLEY: Okay. 13 COMMISSIONER BALDWIN: -- we'll be ready to make a 14 motion and vote. 15 JUDGE TINLEY: All right. Let's move to Item 9; 16 consider, discuss, take appropriate action to appoint Tom 17 Jones to the Child Services Board. Commissioner Baldwin? 18 That's not the Tom Jones from -- from across the pond that all 19 the ladies know so well, is it? 20 COMMISSIONER BALDWIN: No. This guy can actually -- 21 actually sing better than that Tom Jones. 22 JUDGE TINLEY: Okay. 23 COMMISSIONER BALDWIN: In my opinion, that is a 24 fact. So, I move that we approve Tom Jones as a member of the 25 Child Service Board. 3-12-07 53 1 COMMISSIONER LETZ: Obviously, you know him. Any 2 information on him? 3 COMMISSIONER BALDWIN: He is -- he's been in this 4 courtroom in front of us before. He's a semi-retired guy. 5 What he does is, he's a volunteer-type person in this town. 6 He's younger than I am, and he does a lot of -- does a lot of 7 volunteer type things, this type of stuff, and he understands 8 grants and, you know -- 9 COMMISSIONER LETZ: Okay. 10 COMMISSIONER BALDWIN: -- all those things. 11 COMMISSIONER OEHLER: I'll second. 12 JUDGE TINLEY: We have a motion and second as 13 indicated. Any question or discussion on the motion? All in 14 favor of the motion, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: The motion carries. Let's move to 19 Item 10; consider, discuss, and take appropriate action to 20 adopt a resolution authorizing Kerr County to file an 21 application with the Texas Water Development Board for funding 22 for the Center Point Wastewater Project from the T.W.D.B. 23 Economic Disadvantaged Area Program. Commissioner Williams? 24 COMMISSIONER WILLIAMS: Thank you, Judge. This 25 could be the first of many applications we've filed for 3-12-07 54 1 funding with various agencies that have pots of money for the 2 Center Point/Eastern Kerr wastewater collection system. I had 3 the opportunity to join with Al Groves at Tetra Tech, and we 4 met with Texas Water Development Board last week, and they do 5 have among their array of programs one called Economic 6 Disadvantaged Area Program, which is for areas such as this 7 particular community for infrastructure-type projects, and 8 they are accepting unsolicited applications. I don't know how 9 they can term -- how that terminology fits, since they've told 10 us about it, but they are soliciting unsolicited applications 11 for this particular project. The engineering study that Tetra 12 Tech is currently working on, first draft should be out within 13 another week or so. That becomes the basic -- the basic part 14 of an application to T.W.D.B., or anybody else, for that 15 matter, for funding. 16 What we talked about at the meeting of Texas Water 17 Development Board was the concept -- the concept of the 18 collection system, which T.W.D.B. likes, the concept of which 19 direction the flow would be taken east -- either east or west, 20 and the -- we indicated to them that the preliminary 21 engineer's study is going to favor the approach of taking the 22 flow eastward to Comfort to the W.C. & I.D. They like that 23 approach, and so we are encouraged to file an application. 24 That's the resolution that would authorize us to proceed with 25 this application or others that may come -- opportunities that 3-12-07 55 1 come about, and give me the authority to perfect the 2 application and the Judge to sign same. Move the approval of 3 the resolution. 4 COMMISSIONER BALDWIN: Second. 5 JUDGE TINLEY: We have a motion and second for 6 approval of the resolution as indicated. Any question or 7 discussion on the motion? 8 COMMISSIONER LETZ: I was fine until -- I guess how 9 you define "perfect the application." I hope any applications 10 come before the Court. I mean, this resolution is kind of to 11 get things going, but I think I'd like to kind of -- before we 12 start committing, I'd like to see them. 13 COMMISSIONER WILLIAMS: I'll be happy to do that. 14 COMMISSIONER LETZ: I don't want -- 15 COMMISSIONER WILLIAMS: "Perfect" in my terminology 16 is to get it ready, put all the component parts together. 17 COMMISSIONER LETZ: Get the application ready, bring 18 it back to the Court to approve or disapprove, as we may. 19 COMMISSIONER WILLIAMS: I don't have any problem 20 with that. 21 COMMISSIONER LETZ: Okay. I want to make sure we're 22 not -- we're not -- 23 JUDGE TINLEY: Giving the green light for 24 henceforth? 25 COMMISSIONER LETZ: Right. No green light for 3-12-07 56 1 henceforth. 2 JUDGE TINLEY: Any other question or comments on the 3 motion? All in favor of the motion, signify by raising your 4 right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: That motion does carry. We'll move 9 to Item 1.11; consider, discuss, and take appropriate action 10 on a proposed renewal of lease space occupied by the 216th 11 Judicial District Community Supervision and Corrections 12 Department at the Thad Zeigler building at 431 Quinlan Street. 13 I put this on the agenda when the -- as a result of the 14 landlord -- the property owner contacted me about the need to 15 update this lease agreement. We had a lease agreement in 16 effect. It went until actually September 30th, 2000, and it 17 had a holdover provision with the rent to be payable as it was 18 indicated at the termination of that lease, which was $2,400 a 19 month. It has continued to be that for six, seven years now 20 without any increase. The amendment to the lease would -- the 21 first year, this year, would remain the same because of 22 budgetary considerations. Next year, it would increase 23 18.75 percent. Thereafter, during the term of the lease, 24 5 percent. Presumably, the 18.75 increase next year would be 25 to compensate for the approximately six, seven years that it 3-12-07 57 1 didn't increase at all. It was presented to me by the 2 landlord. I submitted it to the County Attorney and he had 3 some input in it. I think there was one item on indemnity 4 that he wanted to be sure that got modified, but other than 5 that, a format for purposes of continuing. So -- 6 COMMISSIONER BALDWIN: Remains the same this year. 7 Next year, it's going to go up how much? 8 JUDGE TINLEY: 18.75 percent. 9 COMMISSIONER LETZ: Then an automatic 5 percent 10 escalation? 11 JUDGE TINLEY: For the next two years -- well, 12 actually for the next year, I guess. It's -- it merely renews 13 for three years. First year is 18.75. The next year is the 14 5 percent. 15 COMMISSIONER WILLIAMS: Judge? Have we given any 16 consideration to the possibility of -- of 216th Adult and 17 198th Adult and anybody else moving into the refurbished 18 juvenile detention facility? Stop paying rent? 19 JUDGE TINLEY: To my knowledge, I've not been 20 wrassling with that subject. Others may have been. 21 COMMISSIONER WILLIAMS: The thought keeps noodling 22 through my head. That's the reason I brought it up. 23 JUDGE TINLEY: Okay. 24 COMMISSIONER WILLIAMS: What would be the 25 possibility? Or would that make sense, let's put it that way, 3-12-07 58 1 for us to refurbish that building and use it for Kerr County's 2 purposes; Adult Probation, Juvenile Probation, make office 3 space out of it? 4 COMMISSIONER LETZ: I think at some point -- well, I 5 think that the time horizon to do that is beyond where kind 6 of -- it's a couple-of-year project. 7 COMMISSIONER WILLIAMS: It might be. 8 COMMISSIONER LETZ: I think we probably -- we have 9 this thing hanging out there possibly with T.Y.C., but I think 10 at some point in the near future, we need to, maybe during the 11 next budget cycle, look at hiring someone to evaluate that 12 building and what else it -- what it can be used for. I mean, 13 I don't think I have any desire to get into the youth 14 detention operation any more than we're currently in it, which 15 means we do have a vacant building out there. I think we need 16 to do something with it. But I think -- so I think your idea 17 is good, but I think the timing -- I think we still need to go 18 on with this, but maybe three years down the road. It'll take 19 probably six months to nine months, and probably do a -- to 20 look at it, try and get a report, and then another six to nine 21 months to do anything out there to renovate it. 22 COMMISSIONER WILLIAMS: That was really the purpose 23 of bringing it up. I know that we couldn't get anything done 24 and accomplished in the time frame necessary to continue the 25 lease. I realize that, but maybe we should start thinking 3-12-07 59 1 about that as a possibility. 2 COMMISSIONER LETZ: I think at budget, we ought to 3 look at what other options for that facility are. 4 COMMISSIONER BALDWIN: To answer your question, yes, 5 that has been laid on this table before. We have had a small 6 discussion about it, and it was just -- things were so stormy 7 that everybody was scared to touch it. 8 COMMISSIONER LETZ: I think we need to look at it. 9 COMMISSIONER BALDWIN: Oh, yeah, absolutely. 10 COMMISSIONER LETZ: My question on this is -- is I 11 have no idea what rental rates are in Kerrville. I mean, and 12 I just would like to -- and I think we need to kind of 13 ascertain that these are fair market rates. And I just don't 14 -- I mean, I don't know really how you do that. I don't know 15 who keeps that information. But, I mean, an 18 percent 16 increase seems high, but at the same time, in five years we 17 haven't had an increase. 18 COMMISSIONER BALDWIN: That's a pretty good sign. 19 JUDGE TINLEY: Yeah. 20 COMMISSIONER LETZ: But -- and I think maybe -- you 21 know, I don't have a problem with proceeding with this at this 22 time, 'cause I think we probably need to get something done, 23 but I think we need to come up with some mechanism to know 24 what the fair market rates are. We continue to lease space 25 around the city. 3-12-07 60 1 COMMISSIONER BALDWIN: Judge, would you entertain a 2 motion? 3 JUDGE TINLEY: Yeah, if you want to make one. 4 COMMISSIONER BALDWIN: I'd like to make one, if you 5 don't mind. 6 JUDGE TINLEY: Please let me hear it. 7 COMMISSIONER BALDWIN: I move that we approve this 8 agreement. 9 JUDGE TINLEY: Subject to the modification that the 10 County Attorney -- 11 COMMISSIONER BALDWIN: Yes, sir. 12 JUDGE TINLEY: Okay. Okay. 13 COMMISSIONER WILLIAMS: Second. 14 JUDGE TINLEY: We have a motion and a second as 15 indicated. Any question or discussion on that motion? All in 16 favor of the motion, signify by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: The motion does carry. Let's move to 21 Item 12; consider, discuss, and take appropriate action on a 22 request to declare March 18 through 24, 2007, as National 23 Agriculture Week in Kerr County, Texas, and the adoption of a 24 resolution in support of same. This matter was submitted to 25 me by the Commissioner of Agriculture, -- 3-12-07 61 1 COMMISSIONER LETZ: Okay. 2 JUDGE TINLEY: -- Mr. Todd Staples, who took office 3 in January of this year as the new Commissioner of 4 Agriculture, succeeding Susan Combs, who became Comptroller. 5 Apparently, March 18th to 24th is National Agriculture Week in 6 Texas, and they've asked us to join with them. 7 COMMISSIONER LETZ: Move approval. 8 COMMISSIONER BALDWIN: Second. 9 JUDGE TINLEY: Motion made and seconded for approval 10 of the agenda item and the adoption of the resolution. Any 11 question or discussion on the motion? 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: The motion does carry. Let's move to 17 Item 13; consider, discuss, and take appropriate action to 18 adopt a resolution of thanks to Lieutenant General Murphy A. 19 Chesney, United States Air Force, Retired. Commissioner 20 Williams? 21 COMMISSIONER WILLIAMS: Thank you, Judge. I put 22 this on the agenda at the request of General Walter Schellhase 23 to say thanks and extend our thanks and appreciation to 24 Lieutenant General Murphy Chesney upon his retirement. He is 25 already retired, but he's now leaving Kerr County, and what 3-12-07 62 1 we're doing is saying thanks for his service to -- to all of 2 us, particularly to the veterans. General Schellhase, would 3 you like to speak to this a little bit, please? 4 MR. SCHELLHASE: Walter Schellhase, 529 Water 5 Street. General Chesney has been a member of the Hill Country 6 Veterans Council Board of Directors since its inception about 7 15 years ago. He's former director of the V.A. Hospital here 8 in Kerrville, retired lieutenant general, and is a medical 9 doctor. He's provided an endless amount of information and 10 guidance to the Hill Country Veterans Council, has played a 11 great role in keeping the Veterans Hospital open. He's 12 testified before numerous committees on behalf of the medical 13 staff in the evaluations of the information required in order 14 to rate the hospital. He's been instrumental in obtaining 15 information of what's going on at the hospital on a regular 16 basis, and we feel that it's a great honor at this time to be 17 able to honor him on the 20th, which we'd like to request that 18 the Court present him this resolution on his transfer from 19 Kerrville to the San Antonio to the Air Force Retirement 20 Village. He and his wife plan on remaining there for the rest 21 of their lives. 22 COMMISSIONER WILLIAMS: The luncheon for him is 23 March 20th? 24 MR. SCHELLHASE: March the 20th. 25 COMMISSIONER WILLIAMS: Move approval of the 3-12-07 63 1 resolution. There is one correction that needs to be made, 2 and I'll ask the administrative assistant to make that. It's 3 in the Resolved, second -- let's see, the fourth line. It 4 says "kept." Should say "keep." And we'll get that corrected 5 and signed after the break, and so we can present that to 6 General Chesney. 7 COMMISSIONER LETZ: Second. 8 JUDGE TINLEY: We have a motion and second in 9 support of the resolution. Any questions or discussion 10 further? All in favor of the motion, signify by raising your 11 right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: That motion does carry. General 16 Schellhase, where is that luncheon going to occur? 17 MR. SCHELLHASE: That will be at the Cracker Barrel 18 at noon on the 20th. 19 JUDGE TINLEY: Next item is consider, discuss, and 20 take appropriate action to adopt a resolution in support of 21 House Bill 654, which will establish community psychiatric 22 hospital services on the Kerrville State Hospital grounds. I 23 put this on the agenda at the request of -- partially at the 24 request of the Hill Country Community M.H.M.R. folks and 25 Commissioner Hilderbran -- or not commissioner, Representative 3-12-07 64 1 Hilderbran, who is carrying the legislation. What it would do 2 is, it would create separate psychiatric inpatient services 3 for civil commitment patients at the Kerrville State Hospital 4 grounds in an effort to try and give more psychiatric 5 inpatient services availability to patients within the 6 19-county Hill Country Community M.H.M.R. cachement area. 7 Currently, as I'm sure most of you know, as of 8 January '05, they have designated all of the beds at Kerrville 9 State Hospital to be forensic beds, "forensic" being those 10 patients that are committed from the criminal courts across 11 the state. There was a crunch for the need for those beds. 12 They designated them. Fortunately, shortly after that 13 occurred, we were able to get an interim temporary solution of 14 the use of 16 beds -- 12 or 16, depending on who you listen 15 to, for civil commitment inpatient beds. We've been utilizing 16 those, but a more permanent solution is needed, because 17 they're going to eventually absorb all those beds at Kerrville 18 State Hospital that are presently being utilized for forensic 19 beds. This would allow one building out there which is 20 currently not being utilized to be renovated and made suitable 21 for inpatient civil commitments, and -- and the operation 22 would be by the Hill Country Community M.H.M.R., the same 23 folks that do our outpatient mental health services. It's a 24 more permanent solution than what we got now, and if we don't 25 get a permanent solution, we're going to be out in the cold 3-12-07 65 1 again. 2 COMMISSIONER LETZ: Move approval. 3 COMMISSIONER OEHLER: Second. 4 JUDGE TINLEY: Motion made and seconded for approval 5 of the agenda item as a resolution. Any question or 6 discussion? 7 COMMISSIONER BALDWIN: I've got a question, Judge. 8 JUDGE TINLEY: Yes, sir? 9 COMMISSIONER BALDWIN: I want to give you an 10 opportunity to talk a little bit more. 11 JUDGE TINLEY: Oh, okay. 12 COMMISSIONER BALDWIN: Several -- you alluded to 13 that there was a building out there that presently has not 14 been used. Has not been used. Several years ago, I was on a 15 tour out there, and there were two of those buildings that 16 were not being used at all, and I never have been able to get 17 my mind around why not. Why aren't those buildings being 18 used? I know that they need a coat of paint and probably some 19 new screws in the light fixtures and that kind of thing, but 20 they were the same buildings as the ones being used, 21 basically. 22 JUDGE TINLEY: Commissioner, actually, there are 23 more than two. They got several buildings out there that 24 aren't being used. All but one of those buildings has -- has 25 asbestos problems, and there would have to be significant 3-12-07 66 1 environmental remedial work done before they could be used. 2 It's not a problem with the employees. The employees, under 3 existing rules and regulations, could -- could be utilized in 4 those buildings. The patients would not be permitted to 5 remain in them. The one building that we have in mind was a 6 building that was constructed later, back, as I recall, in the 7 early '80's. That's when we had an alcohol and substance 8 abuse facility out there. It's a building at the very, very 9 back of the campus, and it does not have asbestos problems, so 10 that's the reason that we're zeroing in on that particular 11 building. Number one, it's somewhat isolated, and that's the 12 preferred result. Also, that building, once -- the bill now 13 calls for 16 beds. We are in hopes that that will increase as 14 time goes by, but we got to get our foot in the door first. 15 That building will have the ability to handle up to 16 approximately 40 patients, which is almost the same number of 17 acute care civil commitment beds that we had previously before 18 this big forensic bed crunch hit us back in January of '05. 19 COMMISSIONER LETZ: Judge, I appreciate that 20 information, but that leads to another question on my part. 21 Do we have any idea of the cost of that asbestos problem, to 22 fix it? I mean, has anyone ever looked at it? 'Cause, I 23 mean, to me, you know, it may be a way, clearly, to use some 24 of our -- not our, but probably the city's economic 25 development funds to -- to help start cleaning that stuff up, 3-12-07 67 1 if there's a chance of getting more of that hospital utilized. 2 I mean, that would be a great source of some of those funds to 3 be used, in my mind, if there's some sort of assurance that 4 they -- you know, it's not just being wasted. And it would 5 seem to me that, with the shortage of mental health beds 6 statewide, if the local community was able to -- you know, and 7 I would be -- would probably vote for some -- some funds from 8 the county budget to go into fixing that problem if there's an 9 assertion on the other side that they were going to be filled. 10 Might be something interesting to look at at some point. 11 JUDGE TINLEY: I, frankly, don't know, Commissioner, 12 if there have been any even ballpark estimates of what it 13 would take to do environmental remedial work on any one or 14 more of those buildings. I can certainly make inquiry of -- 15 of the people at the State Health Services and see if they've 16 got a ballpark figure. 17 COMMISSIONER LETZ: Be interesting to find out, 18 because it's -- I'd hate to see this be a reason that the 19 hospital isn't more utilized. 20 COMMISSIONER BALDWIN: Well, what's amazing about it 21 is, we've been in this M.H.M.R. bed crisis for a long time, 22 and those -- those buildings have been out there for 20 years 23 that I know of, just sitting there doing nothing. And, you 24 know, remember last week, we heard those horror stories of 25 police officers at 2 o'clock in the morning -- 3-12-07 68 1 COMMISSIONER LETZ: Going -- 2 COMMISSIONER BALDWIN: -- packing up and driving 3 to -- 4 JUDGE TINLEY: Lubbock. 5 COMMISSIONER BALDWIN: -- Lubbock and taking a 6 police officer off the streets here in Kerrville and Kerr 7 County. And it just -- you know, those things don't make 8 sense to me. I'm sure that those fellows over in Austin are 9 much smarter than I am, can see -- have reasons for that, but 10 I just -- boy, I just don't see it. Seems like there's some 11 way that some -- I'm with Letz, you know. There's -- there's 12 got to be some way that we can even participate in -- in 13 encouraging them. 14 COMMISSIONER OEHLER: We could enter into a 15 partnership. 16 COMMISSIONER BALDWIN: Yeah. 17 COMMISSIONER LETZ: City/County partnership. You 18 know, we -- we fix those problems, make those buildings more 19 usable, get more beds assigned here. 20 COMMISSIONER WILLIAMS: Judge, is this the building 21 that we earlier had agreed to rehabilitate the road -- 22 JUDGE TINLEY: Yes. 23 COMMISSIONER WILLIAMS: -- surface to? 24 JUDGE TINLEY: Yes. Our -- our previous commitment 25 would be to -- to build a separate roadway. It would be 3-12-07 69 1 enclosed by a separate fence at the back of the facility, so 2 that it was a separately accessed unit. And I -- Mr. Odom and 3 I had gone out there early on, and he indicated it was 4 something that was quite doable by his department, if that's 5 what the Commissioners wanted to do. And I think it's 6 certainly in our interest to -- but just by way of economics, 7 the -- the crunch hit in January of '05, and it hit pretty 8 suddenly. Not much in the way of advance notice. In 2004, in 9 that calendar -- calendar year, when you run the numbers about 10 what we generated in court costs in handling cases for other 11 counties who committed patients out there to Kerrville State 12 Hospital that we handled, plus in what our costs were if we 13 would have to pay those same costs ourselves, separately and 14 apart, it amounted to a cool quarter of a million dollars, so 15 it's -- it's in our interest a number of ways to have as many 16 beds available out there as is possible. We're set up to 17 handle those cases. We do handle them. We handle them 18 efficiently and properly, and I know all of the judges within 19 the catchment area that would otherwise be charged with that 20 responsibility, every time I go to one of these meetings that 21 we have -- our annual meetings, for example, and I'll hear 22 some more next week, "Thanks for taking care of handling those 23 cases for us." They're tickled to death to let us take care 24 of them, and they just send us a check. They're -- they're 25 just happy as can be to do that, and it's a whole lot easier 3-12-07 70 1 for them. They know what the -- they know what the routine is 2 here. It's very simple. It works. And every time they've 3 got to send one -- a couple of their law enforcement officers 4 to Big Spring, Lubbock, El Paso, San Antonio, Austin, it's a 5 burden on them too. So, we need to do what we can to increase 6 the civil commitment beds here, and this is a good start on 7 it. 8 COMMISSIONER BALDWIN: Thank you. 9 THE CLERK: We have a motion and second. 10 JUDGE TINLEY: Any further question or discussion on 11 the motion? All in favor of the motion, signify by raising 12 your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: The motion does carry. Let's go to 17 Item 16; consider, discuss, and take appropriate -- excuse me, 18 Item 15; consider, discuss, and take appropriate action to 19 rescind Court Order Number 26682, adopted on October the 10th, 20 2000, establishing a no-wake zone on Flat Rock Lake. 21 Commissioner Williams? 22 COMMISSIONER WILLIAMS: This is simple. The Court 23 Order 26682 adopted in October of 2000, the verbiage on that 24 court order is somewhat confusing, and it would suggest that 25 we did, in fact, adopt a no-wake order, which we did not do. 3-12-07 71 1 My backup statement tells the whole story. Sheriff Hierholzer 2 had ordered the sign removed from Flat Rock Lake Park at 3 somebody's request, I think Parks and Wildlife, because we did 4 not establish a no-wake zone. So, to avoid further confusion, 5 the sign is down, and I am just moving that we get rid of that 6 court order and go forward. Motion to approve. 7 COMMISSIONER LETZ: Second. 8 JUDGE TINLEY: We have a motion and second as 9 indicated. Any further question or discussion on the motion? 10 COMMISSIONER BALDWIN: I do have a question. What 11 -- what was it that we did the first time that wasn't right? 12 COMMISSIONER WILLIAMS: Well, we did a lot of 13 talking, and you may recall there was a public hearing here 14 and the courtroom was packed, absolutely packed, and a lot of 15 people were really objecting to -- 16 COMMISSIONER BALDWIN: I thought that was 17 firecrackers. No, I'm joking. 18 COMMISSIONER WILLIAMS: No, we had that one, too. 19 Anyhow, that particular day, we approved a motion to define 20 the boundaries of the lakes. And the way the -- the way the 21 clerk wrote up the court order, it -- I'm not being critical, 22 Jannett; it just happened -- that it looked like we had 23 adopted a no-wake zone, when, in fact, all we did was define 24 the perimeters and the boundaries of the lakes. And we had 25 maps and so forth to support that. So, what we -- the reason 3-12-07 72 1 we took it off the agenda back then was because there is a 2 body of law that gives authority to Texas Parks and Wildlife, 3 and you had made the point, rightfully so, that we're not 4 going to buy Rusty some canoes and have him go out there with 5 life vests on patrolling the lake. And that's correct, we 6 weren't going to do that. We were going to defer and let 7 Texas Parks and Wildlife do whatever it is that they're 8 supposed to do. That's the reason we did it. 9 COMMISSIONER BALDWIN: Now, "no-wake," that means 10 that -- that means that no gasoline motors -- 11 COMMISSIONER WILLIAMS: No-wake lake would be 12 similar to what's been in force on the U.G.R.A. Lake or the 13 city lake for many, many years. Trolling motors or sailboats. 14 But, in fact, on both Ingram Lake and Flat Rock Lake, and to 15 my knowledge, then and now, there is some on the Center Point 16 lake also, we have power boats. And power boats pull skiers, 17 and we have jet skis and we have things of that nature, and 18 those things create wakes. 19 COMMISSIONER BALDWIN: Including jet skis. 20 COMMISSIONER WILLIAMS: Yes, sir. 21 THE CLERK: We have a motion and second. 22 JUDGE TINLEY: Okay. Any further question or 23 discussion on the motion? All in favor of the motion, signify 24 by raising your right hand. 25 (The motion carried by unanimous vote.) 3-12-07 73 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: That motion does carry. Let me go 4 back quickly and revisit Item Number 7. Is anyone here with 5 regard to the map of the Tivy Mountain Cemetery? 6 (No response.) 7 JUDGE TINLEY: Okay, very well. Why don't we take 8 about a 15-minute recess, and we'll come back and finish up. 9 (Recess taken from 10:30 a.m. to 10:46 a.m.) 10 - - - - - - - - - - 11 JUDGE TINLEY: Let's come back to order, if we 12 might. We were in recess. That brings us to Items 16, 17, 13 and 18, all of which indicate at least the possibility of 14 executive session. Does any member of the Court have anything 15 to offer on any of those three items before we go into 16 executive or closed session? 17 COMMISSIONER BALDWIN: Let me ask a question. 18 JUDGE TINLEY: All right, sir. 19 COMMISSIONER BALDWIN: I'm going to be on the lawyer 20 side this time. 21 COMMISSIONER WILLIAMS: That's a switch. 22 COMMISSIONER BALDWIN: Did those -- well, it's 23 either him or him. I mean, dealing with a lawyer every time. 24 JUDGE TINLEY: Are you suggesting we have you in a 25 crossfire? 3-12-07 74 1 COMMISSIONER BALDWIN: Yes. 2 JUDGE TINLEY: All right. 3 COMMISSIONER BALDWIN: Is it necessary that we go 4 into executive session on all three? That's my question. As 5 an example, economic development, the issue on economic 6 development. 7 COMMISSIONER LETZ: At this time, it is. 8 COMMISSIONER BALDWIN: Okay. 9 COMMISSIONER LETZ: And I've talked to Rex about it. 10 He understands. 11 COMMISSIONER BALDWIN: Rex understands? 12 COMMISSIONER LETZ: Well, he understands my point of 13 view. 14 COMMISSIONER BALDWIN: Okay. 15 COMMISSIONER WILLIAMS: Which -- 16 COMMISSIONER BALDWIN: I just wanted to ask the 17 question to make sure. 18 COMMISSIONER WILLIAMS: Which should be good enough 19 to keep you out of trouble. 20 COMMISSIONER BALDWIN: Yeah, that's good enough with 21 me. 22 JUDGE TINLEY: Okay. At this time, we will go out 23 of open or public session, and it is 10:48, to go into 24 executive or closed session. 25 \ 3-12-07 75 1 (The open session was closed at 10:48 a.m., and an executive session was held, the transcript of which 2 is contained in a separate document.) 3 - - - - - - - - - - 4 JUDGE TINLEY: Okay. We are now in closed -- or, 5 excuse me, open or public session, and it is 11:56. Does any 6 member of the Court have anything to offer with respect to 7 matters discussed in executive or closed session? 8 COMMISSIONER WILLIAMS: I have one, Judge. 9 JUDGE TINLEY: Which item is it, Commissioner? 10 COMMISSIONER WILLIAMS: I guess it would be the -- 11 under the litigation. 12 JUDGE TINLEY: Item 18? 13 COMMISSIONER WILLIAMS: Yes, sir. 14 JUDGE TINLEY: All right. The Court will call, for 15 purposes of public or open session, Item 18; consider, 16 discuss, and take appropriate action on possible litigation 17 with regard to the Environmental Health Department. 18 COMMISSIONER WILLIAMS: I would offer as a motion 19 that we authorize the County Attorney to proceed with 20 litigation against Mr. Dejuan Abel for O.S.S.F. violations in 21 Precinct 2. 22 COMMISSIONER LETZ: Second. 23 JUDGE TINLEY: Motion made and seconded as 24 indicated. Any question or discussion on the motion? All in 25 favor of the motion, signify by raising your right hand. 3-12-07 76 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: That motion does carry. Do we have 5 any more -- any other items to be offered in connection with 6 Item 18? 7 COMMISSIONER OEHLER: Do we need to authorize the 8 Environmental Health Department to -- to issue letters to all 9 the people who are operating currently without a license, to 10 bring or see to it that all documentation necessary to license 11 those systems be presented to Environmental Health? 12 COMMISSIONER WILLIAMS: That's part of their -- that 13 is part of their normal charge of operation. 14 COMMISSIONER OEHLER: But in this case, we may not 15 -- they may not know -- 16 COMMISSIONER WILLIAMS: Yeah. 17 COMMISSIONER OEHLER: -- they're not licensed. 18 COMMISSIONER LETZ: I'll second the motion. 19 JUDGE TINLEY: That's for the -- 20 COMMISSIONER WILLIAMS: That's okay. 21 JUDGE TINLEY: -- installers and designers to be 22 notified? 23 COMMISSIONER OEHLER: Installers and designers to be 24 notified that -- 25 JUDGE TINLEY: Copy to the landowner? 3-12-07 77 1 COMMISSIONER OEHLER: Yes. 2 JUDGE TINLEY: All right. 3 COMMISSIONER OEHLER: Landowners of all properties 4 that are presently operating without a license. 5 COMMISSIONER BALDWIN: So, we're authorizing them to 6 do their job. 7 COMMISSIONER LETZ: Basically. 8 COMMISSIONER OEHLER: We're making a strong 9 suggestion that they better do it. 10 MR. EMERSON: Can that motion approve the follow-up 11 letter from the County Attorney's office, and then before any 12 litigation is considered, we'll bring it back to y'all? 13 COMMISSIONER OEHLER: Yes. 14 COMMISSIONER LETZ: Yes. 15 JUDGE TINLEY: Okay. 16 COMMISSIONER BALDWIN: You know, there's some things 17 like Solid Waste, seems like to me the law actually outlines 18 the time frame. You can send a letter out, and then you wait 19 "X" amount of time before you send another letter out and that 20 kind of thing. Is that the -- is that the case here? 21 MR. EMERSON: Yes, sir. 22 COMMISSIONER BALDWIN: So we send out -- we would 23 say Environmental Health is sending out one letter, and then 24 "X" amount of days later, you send one out? I mean, do we all 25 know that? 3-12-07 78 1 MR. EMERSON: Why don't you just do this? Authorize 2 Environmental Health to follow the statutory guidelines for 3 notice to the property owners. 4 COMMISSIONER BALDWIN: Do your job? 5 COMMISSIONER OEHLER: I can do that. That's my 6 motion. 7 COMMISSIONER LETZ: And that was my second, I think. 8 COMMISSIONER OEHLER: Okay. 9 JUDGE TINLEY: Okay. Any further question or 10 discussion on the motion? All in favor of that motion, 11 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: Do we have any other items, anything 16 else to be offered in connection with Item 18 or other items 17 discussed in executive or closed session? 18 COMMISSIONER LETZ: I'll make a motion on Item 16, 19 Judge. 20 JUDGE TINLEY: Let me go ahead and call, for 21 purposes of open/public session, Item 16. Consider, discuss, 22 take appropriate action to review organization of Maintenance, 23 Custodial, and Hill Country Youth Exhibit Center and determine 24 final organization of the same. 25 COMMISSIONER LETZ: I'll make a motion that we 3-12-07 79 1 adjust our organization in the -- in those three departments 2 as follows: That Maria be in charge of the custodial group, 3 Tim Bollier will be Maintenance, and Alyce Davidson will be 4 over the Ag Barn. And those employees should get with our 5 H.R. Director to go over the job descriptions and work out the 6 details, as she was present for that discussion, and that all 7 those employees will be nonexempt -- what are they now? 8 COMMISSIONER WILLIAMS: They are non -- they're 9 exempt now. 10 COMMISSIONER LETZ: Yeah. They will all be 11 nonexempt employees. 12 COMMISSIONER WILLIAMS: I'll second that, but I want 13 to ask a question. 14 JUDGE TINLEY: We have a motion and a second. Any 15 question or discussion? 16 COMMISSIONER WILLIAMS: Would that -- this be the 17 first step in perhaps a two-step process to look at all these 18 issues that we perhaps talked about, and get with H.R. on all 19 that? 20 COMMISSIONER LETZ: Yes, it is. I believe my 21 wording is they will be supervisors, not managers, and I think 22 we will look -- continue to look at an overall management 23 structure that will include those three groups. 24 COMMISSIONER WILLIAMS: Plus perhaps others. 25 COMMISSIONER LETZ: And possibly others. 3-12-07 80 1 JUDGE TINLEY: Point of clarification, Commissioner. 2 On the maintenance function under the supervision of 3 Mr. Bollier, does that include courthouse grounds? 4 COMMISSIONER LETZ: That includes courthouse 5 grounds. And the intent is that that maintenance will be 6 housed -- or Maintenance will be housed in the office 7 downstairs in the courthouse, and Ms. Davidson will move her 8 office to the Ag Barn. And she may also be doing some work 9 with the Extension Office, time permitting. 10 COMMISSIONER BALDWIN: Ag Barn or Extension? 11 COMMISSIONER LETZ: Let's say Ag Barn right now. 12 She may want to adjust that. 13 JUDGE TINLEY: Okay. Any other questions or 14 comments on the motion? All in favor of the motion, signify 15 by raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: That motion does carry. Any other -- 20 anything else to be offered in connection with any of those 21 agenda items? Okay. We'll move to Section 4 of the agenda. 22 Number 1 is payment of the bills. 23 COMMISSIONER BALDWIN: I've got a couple of 24 questions. On Page 6, I just -- it needs some clarification. 25 Help me understand this thing -- how this thing works. You 3-12-07 81 1 have Mr. Motley that looks like he -- there's a number 9 out 2 there by -- it looks like a number of hearings, maybe, the 3 number 9. And he gets 665, and then you have the J.P. that 4 hears 10 and gets 350. 5 JUDGE TINLEY: Okay. 6 COMMISSIONER BALDWIN: Is -- what I'm seeing here is 7 that lawyers make more than judges? Is -- 8 JUDGE TINLEY: The J.P.'s that hear the probable 9 cause hearings are compensated on the basis of $35 per case, 10 flat rate per case. 11 COMMISSIONER BALDWIN: Okay. 12 JUDGE TINLEY: Therefore, you have $350 for 10 13 cases. On the mental health hearings, the ad litem lawyer 14 represents the patients in both probable cause hearings and 15 civil commitment hearings, and those are done on an hourly 16 basis. 17 COMMISSIONER BALDWIN: Okay. 18 JUDGE TINLEY: Depending upon the amount of time 19 that the lawyer spends, and I approve the payment of the 20 lawyer on a case-by-case basis. 21 COMMISSIONER BALDWIN: That's exactly what I'm 22 asking you. You answered it. 23 JUDGE TINLEY: Okay. 24 COMMISSIONER BALDWIN: One other question. 25 JUDGE TINLEY: All right, sir. 3-12-07 82 1 COMMISSIONER BALDWIN: Could -- probably that 2 attorney is in exactly the same hearings as this J.P.? 3 JUDGE TINLEY: In all probability, he was in 4 hearings held by those J.P.'s. There could be some 5 cross-over. We change each month, and so there -- there may 6 or may not be -- there probably is some correlation. Whether 7 it's total correlation depends on how that gets turned in, and 8 how it gets funded out. 9 COMMISSIONER BALDWIN: And the attorneys are 10 Court-appointed? 11 JUDGE TINLEY: Yes. 12 COMMISSIONER BALDWIN: You appoint them? 13 JUDGE TINLEY: I appoint them. 14 COMMISSIONER BALDWIN: Okay, thank you. 15 JUDGE TINLEY: Okay. 16 COMMISSIONER BALDWIN: And on Page 1, the 17 Commitschner's Court -- that's Spanish -- the next to the last 18 one. 19 JUDGE TINLEY: Mm-hmm. 20 COMMISSIONER BALDWIN: Who, what, where, why, how is 21 that? 22 JUDGE TINLEY: E.B.A. litigation. 23 COMMISSIONER BALDWIN: Okay. 24 JUDGE TINLEY: That was one of our expenses, our 25 deposition costs in the E.B.A. litigation. That's the last 3-12-07 83 1 bill to come in, I think. 2 MR. TOMLINSON: Yeah. 3 COMMISSIONER BALDWIN: Very good. Thank you. 4 COMMISSIONER LETZ: On Page 10, probably been this 5 way for a while; I just never really noticed it. Why, under 6 civil court appointments, are the names not listed, where 7 under Court-appointed, they generally are? 8 MR. TOMLINSON: They could be juveniles. 9 JUDGE TINLEY: Hmm-mm. No, those would not be. 10 Those would be C.P.S. cases, and they're just listed by case 11 numbers. 12 MR. TOMLINSON: Yeah, that's true. That's what I 13 meant. 14 JUDGE TINLEY: Mine come under -- the ones I approve 15 in juvenile come out of the Juvenile Probation line. 16 COMMISSIONER LETZ: Then my question is, why do the 17 different civil -- 18 MR. EMERSON: In your -- on C.P.S., probably the 19 easiest way to explain it, Jonathan, is that on any particular 20 case, you may have three to five attorneys all on the same 21 case, representing different parties in the same case. So, I 22 mean, if you put down -- if you put down, you know, "In the 23 Interest of Jim Jones," or whatever the kid's name is, number 24 one, you have the juvenile's name in there, which you really 25 don't need in there, and number two, it's not going to make 3-12-07 84 1 any sense anyway. 2 COMMISSIONER LETZ: But most of these civil court 3 ones listed here are C.P.S. cases? Is that what you're 4 saying? 5 MR. TOMLINSON: They all are. 6 COMMISSIONER LETZ: They all are? Okay. 7 MR. TOMLINSON: We don't pay for any other civil. 8 COMMISSIONER LETZ: All right. 9 COMMISSIONER OEHLER: I sure am glad. 10 JUDGE TINLEY: Anything else? 11 COMMISSIONER WILLIAMS: I have one quick one, Judge. 12 JUDGE TINLEY: Okay. 13 COMMISSIONER WILLIAMS: Page 41, on the Youth 14 Exhibition Center. The last item, Pioneer Research Corp., 15 building and grounds, something or other. What's that all 16 about? 17 MR. TOMLINSON: I don't -- I'd have to look at it to 18 see. I don't know. I don't remember what it's for. Building 19 and grounds. I mean, if you have time, I'll go look. 20 COMMISSIONER WILLIAMS: Okay. Maybe you can give me 21 the answer someday. 22 JUDGE TINLEY: Okay. 23 MR. TOMLINSON: Well, you can come by right after. 24 I have them in my office. 25 COMMISSIONER WILLIAMS: Okay. Tell me later. 3-12-07 85 1 COMMISSIONER BALDWIN: Move to pay the bills. 2 COMMISSIONER WILLIAMS: Second. 3 JUDGE TINLEY: Motion made and seconded to pay the 4 bills. Any question or discussion? Page 24, Jail 5 Maintenance. A/C repair, almost $5,000. How about -- I 6 thought we had replaced every single A/C unit out there by 7 now. 8 COMMISSIONER LETZ: No, they're all failing this 9 year. 10 MR. TOMLINSON: Yeah, this -- 11 COMMISSIONER LETZ: We're just starting. 12 JUDGE TINLEY: Oh, lord. 13 COMMISSIONER LETZ: And I think -- 'cause I remember 14 this is one of the things that when -- 15 MR. TOMLINSON: We did -- we replaced one or two not 16 long ago, because of light -- of -- 17 COMMISSIONER LETZ: Lightning. 18 MR. TOMLINSON: -- lightning issues. It was some 19 time ago, but they were within the last year. 20 COMMISSIONER LETZ: But they're -- most of them 21 are -- 22 MR. TOMLINSON: It wasn't all of them, no. 23 COMMISSIONER LETZ: We're replacing -- a bunch of 24 them, as I understand it from both Maintenance and the 25 Sheriff, are in very bad shape; they're at the end of their 3-12-07 86 1 life, 15 years or so, plus or minus. 2 COMMISSIONER BALDWIN: Well, isn't five grand a 3 little bit steep to fix an air-conditioner? How much does an 4 air-conditioner cost? 5 COMMISSIONER OEHLER: A bunch. 6 MR. TOMLINSON: About that much. 7 JUDGE TINLEY: 4,900-plus dollars. 8 COMMISSIONER BALDWIN: Is this a new one? Is that 9 what you're saying to me? 10 JUDGE TINLEY: God, I'd hope so. 11 COMMISSIONER BALDWIN: It just says repairs here. 12 Okay. 13 JUDGE TINLEY: Any other questions or comments? All 14 in favor of the motion, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: Motion carries. Budget amendment 19 requests. Budget Amendment Request Number 1. 20 MR. TOMLINSON: One is for the 198th District Court, 21 requesting a transfer of $3,748.01 from Court-Appointed 22 Attorney line item to Civil Court-Appointed Attorneys line 23 item, for C.P.S. cases. 24 COMMISSIONER LETZ: So moved. 25 COMMISSIONER OEHLER: Second. 3-12-07 87 1 JUDGE TINLEY: Motion made and seconded for 2 approval. Any question or discussion? This is going to get 3 worse before it gets better, isn't it, Tommy? 4 MR. TOMLINSON: Oh, yes. 5 COMMISSIONER BALDWIN: Got a few months left here, 6 though, looks like. 7 JUDGE TINLEY: Any other question 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: Motion does carry. Budget Amendment 13 Request Number 2. 14 MR. TOMLINSON: Number 2 is for the 216th District 15 Court. We're transferring $2,698.33 from Court-Appointed 16 Attorney line item to Special Court Reporter. I have 17 an invoice from Debra Gifford for a transcript for the 18 Hernandez case. 19 JUDGE TINLEY: In that amount, $3,640? 20 MR. TOMLINSON: Yes. 21 JUDGE TINLEY: You're needing a hand check? 22 MR. TOMLINSON: No. 23 JUDGE TINLEY: Oh, okay. 24 COMMISSIONER WILLIAMS: So moved. 25 COMMISSIONER LETZ: Second. 3-12-07 88 1 JUDGE TINLEY: Motion made and seconded for 2 approval. Any question or comment? 3 COMMISSIONER BALDWIN: Hold on just a second. I saw 4 that person's name in the regular bills. 5 MR. TOMLINSON: You probably did. 6 COMMISSIONER BALDWIN: Yeah, I did. Must be a 7 different bill. Or is that the same bill? Be a different 8 bill, wouldn't it? 9 MR. TOMLINSON: Well, it could have been one from 10 her for -- in another court or something. 11 COMMISSIONER BALDWIN: Okay. 12 JUDGE TINLEY: That one's only $300 in the bills we 13 approved. Any other question or comment? All in favor of the 14 motion, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: The motion does carry. Budget 19 Amendment Request Number 3. 20 MR. TOMLINSON: Number 3 is for Road and Bridge. 21 And we're actually -- we're increasing the budget here for -- 22 for revenues that they've received, $130 for traffic control 23 and $124 for asphalt/oils, and $2,182.45 for culvert pipe. 24 We're increasing those line items by those amounts. 25 COMMISSIONER LETZ: So these, the people are paying 3-12-07 89 1 for -- 2 MR. TOMLINSON: Yes. 3 COMMISSIONER LETZ: This is stuff we received 4 revenue for? 5 COMMISSIONER OEHLER: Just putting it back into 6 their line items to be expended? 7 MR. TOMLINSON: Yes. 8 COMMISSIONER BALDWIN: So moved. 9 COMMISSIONER OEHLER: 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 COMMISSIONER OEHLER: I'd rather have more of these 15 kind. 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: Motion does carry. Do you have any 19 further budget amendments? 20 MR. TOMLINSON: I do have one. It was for this 21 election services that you previously approved. 22 JUDGE TINLEY: Okay. The 20,000-plus for election 23 services out of Workers Comp? 24 MR. TOMLINSON: Yes. 25 JUDGE TINLEY: Okay. 3-12-07 90 1 MR. TOMLINSON: And I have 10,576 to Judges and 2 Clerks, and 9,000 ballot expense, 500 to election expenses, 3 and 500 to notices. 4 COMMISSIONER LETZ: So moved. 5 COMMISSIONER WILLIAMS: Second. 6 JUDGE TINLEY: Motion made and seconded for 7 approval. Any question or discussion? 8 COMMISSIONER BALDWIN: This election is a 9 constitutional amendment so that people over 65 that have 10 frozen taxes can have their taxes even made smaller. 11 MR. TOMLINSON: That's nice. 12 COMMISSIONER BALDWIN: And that's what this is. 13 COMMISSIONER WILLIAMS: Mm-hmm. 14 JUDGE TINLEY: If they didn't gain any benefit from 15 the -- from the reduction of the mandated cap on -- of a 16 dollar fifty down to where it's going, they -- 17 COMMISSIONER BALDWIN: Yeah. 18 JUDGE TINLEY: -- they come in for another dip at it 19 so as to get it lower, yeah. Any other question or comment? 20 All in favor of the motion, signify by raising your right 21 hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: The motion does carry. Any more 3-12-07 91 1 budget amendments? 2 MR. TOMLINSON: No. I have a late bill -- 3 JUDGE TINLEY: Late bill? Okay. 4 MR. TOMLINSON: -- I need a hand check for, and it's 5 payable to Northern Parts and Services for $103.09. 6 JUDGE TINLEY: 103.09? 7 MR. TOMLINSON: Yes. It comes out of Maintenance 8 Department. 9 COMMISSIONER LETZ: So moved. 10 COMMISSIONER OEHLER: Second. 11 JUDGE TINLEY: Motion made and seconded for approval 12 of a late bill hand check to Northern Parts and Services for 13 $103.09. Any question or discussion on the motion? All in 14 favor of the motion, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: That motion does carry. Any more 19 late bills? 20 MR. TOMLINSON: No. 21 JUDGE TINLEY: I have been presented with monthly 22 reports from Justice of the Peace, Precinct 3 and Justice of 23 the Peace, Precinct 1. Do I hear a motion that these reports 24 be approved as presented? 25 COMMISSIONER WILLIAMS: So moved. 3-12-07 92 1 COMMISSIONER LETZ: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval. 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. Any reports 9 from Commissioners in connection with their liaison or 10 committee assignments? 11 COMMISSIONER WILLIAMS: I have one, Judge. 12 COMMISSIONER BALDWIN: Oh, no. 13 COMMISSIONER WILLIAMS: Why? Are you hungry? 14 JUDGE TINLEY: Late for barbecue at Buzzie's. 15 COMMISSIONER WILLIAMS: Won't take but a minute. 16 After our joint meeting with the City Council, Commissioner 17 Letz and I had an Airport Board meeting the next day, and I 18 guess I could best describe it as -- it was a -- it was pretty 19 close to being a love-in. We agreed on everything, got a lot 20 of things done. Subsequent to that, at the KEDF luncheon on 21 Thursday -- I told Judge Tinley about this -- I'm in line to 22 get my meager little sandwich, and the mayor is right behind 23 me, and he says to me, "You know, Commissioner," he said, "I'm 24 -- about that -- about that Airport Manager reporting to the 25 board," he said, "you know, I'm having a hard time getting my 3-12-07 93 1 mind wrapped around how we can do that." I said, "Well, 2 Mayor, if you and I just get together, maybe I can help you 3 get your mind wrapped around it." The only thing about this 4 story that has any importance at all is that he's thinking 5 about it, and he and I are going to meet, and we're going to 6 talk tomorrow -- Wednesday to see if we can help him get his 7 mind wrapped around that issue. 8 COMMISSIONER OEHLER: Do you need a mediator? 9 COMMISSIONER LETZ: I might just comment on the 10 love-in. The City Manager and the Airport Manager were both 11 absent, which might have had something to do with it. 12 COMMISSIONER WILLIAMS: Might have had a lot to do 13 with it. 14 COMMISSIONER LETZ: And the other -- just an item 15 maybe of some interest -- 16 JUDGE TINLEY: We only want to hear about love-ins, 17 now. We don't want anything contentious. 18 COMMISSIONER LETZ: This might be a little 19 contentious; at least it was when it happened. I was at a 20 Headwaters meeting wearing my Region J hat last month, and 21 there was a letter -- or they had a -- in the reports, a 22 document that I took great offense to that was totally 23 misrepresenting the Region J numbers, and I kind of got in a 24 little bit of a discussion with the Headwaters board, probably 25 lost my temper a little bit. But, anyway, the end result of 3-12-07 94 1 it is that I'm on their agenda for Wednesday to critique that 2 actual memo, line-by-line. And -- and the memo was written by 3 Feather Wilson, so it may be interesting. But I would say 4 everyone can't attend; probably wouldn't want to attend 5 anyway, but it's a -- some of their -- it was just a big 6 stretch from the -- what he was doing. The question he was 7 asked was comparing actual water -- groundwater usage compared 8 to Region J estimates, and the answer -- what he talked about 9 had nothing to do with that. It was talking about -- he tried 10 to say that actual -- he made the leap that actual usage was 11 permitted usage, which is -- is meaningless. I mean, you 12 know, there's lots of permits issued that are never used. 13 And, anyway, so that's -- that was the basic part of my 14 disagreement with it, and we're going to go over it at some 15 length on Wednesday. 16 JUDGE TINLEY: So, that's when the love-in occurs, 17 on Wednesday. 18 COMMISSIONER LETZ: Wednesday. That's all I have. 19 JUDGE TINLEY: Anything else? 20 COMMISSIONER OEHLER: Well, I just think, you know, 21 after our meeting with the City the other day -- you talked 22 about the love-in. You were talking about -- 23 COMMISSIONER LETZ: No, the Airport Board. 24 COMMISSIONER OEHLER: Oh, that was the Airport 25 Board. I think we really need to give some thought to maybe 3-12-07 95 1 following up on us taking various things, and we don't have 2 this budgetary argument every year over who takes what and 3 who's paying what and all that. You know, I think we need to 4 look hard at -- at actually taking responsibility for -- you 5 know, if they want the library, let them have the library. 6 We'll take the airport. Or, you know, we'll -- whatever we 7 figure out as a group to do. But I think there's some merit 8 to that. 9 COMMISSIONER BALDWIN: Let me ask you something 10 about that. There's folks in town saying the same thing. 11 Personally, I think the library, they own it anyway. But the 12 airport, when we say we'll take it, does that mean that they 13 sign over the deed? 14 COMMISSIONER LETZ: Yeah. 15 COMMISSIONER BALDWIN: The ownership? 16 COMMISSIONER WILLIAMS: Their 50 percent. 17 COMMISSIONER BALDWIN: Huh? 18 COMMISSIONER WILLIAMS: Their 50 percent. 19 COMMISSIONER BALDWIN: Oh, okay. I just wanted 20 to -- 21 COMMISSIONER OEHLER: However it comes out. But I 22 just think we need to look at that. You know, they did -- 23 they brought it up. 24 COMMISSIONER BALDWIN: Yeah. 25 COMMISSIONER LETZ: I think it's a -- I don't know 3-12-07 96 1 that -- I think the airport can function without going to that 2 step, but I don't have a real problem with that step. And I 3 think I made the -- I don't know if it was there or at a 4 subsequent discussion about this. I think the airport is very 5 different than the library. I think the airport is -- serves 6 the county, whereas the library serves primarily the city, and 7 I think there's a -- there is a big difference. 8 JUDGE TINLEY: There's more of a rational basis for 9 the County having total control of the airport. 10 COMMISSIONER WILLIAMS: Right. 11 JUDGE TINLEY: 'Cause it serves not only the county, 12 but also the city. 13 COMMISSIONER LETZ: And the counties around. 14 COMMISSIONER OEHLER: There is a survey going out on 15 some of the internet right now from the advisory -- Library 16 Advisory Board, trying to get feedback from the citizenry on 17 what they think the library should be, and they've been given 18 a list of questions. T. Scott Gross put it together, and I 19 got it on my computer yesterday. And they're asking for input 20 from the citizenry to just basically say what they think the 21 function of the library is, and how -- you know, one of the 22 questions is, how often do you use it? What do you use it 23 for? Lists the whole thing, you know, what the usage you 24 would be doing. And also, they said in there that the County 25 may be cutting some of the funding, and in the upcoming year, 3-12-07 97 1 and so how would we -- how would we regain -- or where would 2 we find the money to replace what was lost? Those kind of 3 things. 4 COMMISSIONER WILLIAMS: How widely is that being 5 circulated? 6 COMMISSIONER OEHLER: I don't know. I think it's -- 7 I don't know how you do that publicly, that survey, out on the 8 computer. 9 COMMISSIONER BALDWIN: It's linked with somebody. 10 But the only people that would read that are library users. 11 COMMISSIONER OEHLER: Yeah, I know. That's -- 12 COMMISSIONER BALDWIN: Rather than -- taxpayers 13 don't look at that kind of stuff. 14 COMMISSIONER OEHLER: I think it's going to be -- 15 there's also going to be that same survey printed in the open 16 newspaper, and ask for people to send in responses. 17 COMMISSIONER WILLIAMS: Well, that would be good. 18 COMMISSIONER LETZ: I think one other point, going 19 back to the airport. I want to make sure we mention this, 20 that Dr. Davis has let it be known that he will not -- does 21 not want to be reappointed, so there will be a vacancy coming 22 up, and the Airport Board is publishing a notice to receive 23 applications to fill that vacancy. I wanted to let the 24 members of the Court know, if they have anyone they think 25 should apply, get in touch with Bill and I, and we can get you 3-12-07 98 1 a copy of that application. 2 COMMISSIONER WILLIAMS: That's one of the two 3 reasons why the mayor and I are meeting Wednesday, to firm up 4 that application so that it clearly reflects that it's the 5 Airport Board that's seeking applicants, and not the City and 6 not the County. 7 COMMISSIONER LETZ: And the process there is that 8 the applications are going to be sent to Dr. Davis, as chair 9 of the Airport Board. They're not going through our 10 contractor, who's the City. 11 COMMISSIONER BALDWIN: How long has Dr. Davis served 12 on that board? 13 COMMISSIONER OEHLER: Long time. 14 COMMISSIONER LETZ: Long time. 15 COMMISSIONER WILLIAMS: A long time. I would say 12 16 years, maybe 14 years. 17 COMMISSIONER BALDWIN: Bet you it's more than that. 18 COMMISSIONER WILLIAMS: Long time, maybe longer than 19 that. 20 COMMISSIONER BALDWIN: We need to say thank you to 21 him. 22 COMMISSIONER WILLIAMS: Yes, we do. His term's up 23 in June. 24 COMMISSIONER LETZ: We need to do a resolution. 25 He's done a lot of work, been very, very helpful, so a lot of 3-12-07 99 1 service. 2 JUDGE TINLEY: May want to think about getting 3 Harvey to slide one through. 4 COMMISSIONER BALDWIN: Mm-hmm. 5 COMMISSIONER WILLIAMS: Mm-hmm. 6 COMMISSIONER BALDWIN: That's a good idea. 7 JUDGE TINLEY: Those look a little prettier than 8 what we're able to come up with. They got all those fancy 9 gold seals and ribbons. 10 COMMISSIONER WILLIAMS: And they frame them too. 11 COMMISSIONER BALDWIN: I was thinking more in the 12 lines of, like, a weekend in Vail or something. But -- 13 COMMISSIONER LETZ: He's -- we could ask him if 14 he'll let us use his condo at Ruidoso. 15 COMMISSIONER BALDWIN: Ruidoso? Is that where it 16 is? 17 COMMISSIONER WILLIAMS: And fly us out there in his 18 airplane. 19 COMMISSIONER BALDWIN: I'm out of here. 20 JUDGE TINLEY: Anything else, gentlemen? Wait a 21 minute, we got a County Attorney here. 22 MR. EMERSON: I need to yak for about one minute 23 under our part. 24 JUDGE TINLEY: Okay. 25 MR. EMERSON: Couple of things. And, number one, if 3-12-07 100 1 y'all need anything done next week, it's probably not going to 2 happen. We have three jury trials, so just be forewarned if 3 something comes up. Number two, as far as the department 4 itself goes, we got two issues going. County Court at Law, 5 we're just barely holding our own. We're still going through 6 some growing pains from Odyssey, so we're disposing of cases 7 at about 101 percent, as opposed to 108, 109, where we were. 8 So, hopefully we'll get that back up. Also related to 9 Odyssey, hot check collections. Number one, this issue's been 10 talked about, but because of more people using debit cards, 11 ATM cards, more stores doing like Walmart and Hastings, where 12 they automatically give your check back to you and it's a 13 withdrawal straight out of your checking account, the numbers 14 of checks coming in from merchants has dramatically decreased 15 over the last five years. We're very quickly approaching the 16 point at which the hot check program, instead of being a 17 money-maker for the County, will be a break-even or an expense 18 to the County. So, at some point in the future, y'all need to 19 consider whether you want to continue to offer this as a 20 service to the citizens, or you want to tell the merchants to 21 pursue private collection agencies for their hot checks. 22 Doesn't mean we won't be prosecuting hot checks; it just means 23 we're not going to be handling the collection function. So, 24 that's something to consider. 25 COMMISSIONER BALDWIN: Rex, would that be something 3-12-07 101 1 that we can -- there will still be some checks out there, but 2 would that be something that we could pass over to the 3 Collection Department? 4 MR. EMERSON: That's a thought. Except that the 5 statute mandates that it's through the County Attorney's 6 office. 7 COMMISSIONER BALDWIN: I see. Okay. 8 MR. EMERSON: So, you know, there might be some way 9 to work around that, but that -- that's the limitation. 10 COMMISSIONER BALDWIN: And if we don't collect and 11 file -- but you do file on them? 12 JUDGE TINLEY: Mm-hmm. 13 MR. EMERSON: Yeah. 14 COMMISSIONER BALDWIN: Continue filing on them. 15 MR. EMERSON: We'll continue filing hot check 16 charges, but you get down to the basic collection effort. 17 And -- 18 COMMISSIONER BALDWIN: Yeah. 19 MR. EMERSON: -- you know, we get a set amount per 20 dollar value of the check, and it's quickly reaching the point 21 at which it will no longer cover expenses. So, it's something 22 to consider. Related to that is the Odyssey system -- I think 23 every segment of that has been installed except the hot check 24 collections segment. We've -- from our standpoint, we've held 25 it off as long as possible, because we weren't sure we wanted 3-12-07 102 1 it, quite frankly. The system we use right now costs us $500 2 a year; that's the only expense to it. Odyssey costs $52,000 3 up front, plus an annual maintenance cost. 4 JUDGE TINLEY: Well, your hot check program is -- it 5 does what you need for to it do? 6 MR. EMERSON: It does exactly what we need it to do. 7 JUDGE TINLEY: It's just not looped in with the rest 8 of the system. 9 MR. EMERSON: Correct. 10 JUDGE TINLEY: Other than your office, is there a 11 need to loop it in anywhere? 12 MR. EMERSON: Only Probation Department, when 13 they're trying to check restitution or trying to see if John 14 Doe has paid restitution as part of their probation. But that 15 can be handled through standard correspondence, like we're 16 doing now. I have basically told John -- told John that as 17 far as I'm concerned, I don't want to pay $52,000 for a hot 18 check system that may be obsolete in two years when we're not 19 covering -- covering expenses. 20 COMMISSIONER LETZ: I would agree. 21 MR. EMERSON: If y'all disagree with me, then please 22 let me know. Otherwise, we're not going to go to Odyssey on 23 the new system. 24 COMMISSIONER LETZ: I agree with that approach. 25 JUDGE TINLEY: Makes sense. Anything else? We'll 3-12-07 103 1 stand adjourned. 2 (Commissioners Court adjourned at 12:28 p.m.) 3 - - - - - - - - - - 4 5 6 STATE OF TEXAS | 7 COUNTY OF KERR | 8 The above and foregoing is a true and complete 9 transcription of my stenotype notes taken in my 10 capacity as County Clerk of the Commissioners Court 11 of Kerr County, Texas, at the time and place 12 heretofore set forth. 13 DATED at Kerrville, Texas, this 15th day of 14 March, 2007. 15 16 JANNETT PIEPER, Kerr County Clerk 17 BY: _________________________________ Kathy Banik, Deputy County Clerk 18 Certified Shorthand Reporter 19 20 21 22 23 24 25 3-12-07