1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, August 13, 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 August 13, 2007 2 PAGE --- Visitors' Input 6 3 --- Commissioners' Comments 6 4 1.1 Consider/discuss, take appropriate action to declare the old plastic election tubs surplus 5 and authorize the sale of such on eBay 10 6 1.2 Consider/discuss, take appropriate action to approve Project Change Document Number 2 between 7 Hart Intercivic and Kerr County to change annual billing cycle date for election equipment warranty, 8 support and license agreement, with cost of change at $1,556.88, & authorize County Judge to sign same 11 9 1.3 Consider/discuss, take appropriate action to place 10 all recorded plats that are presently located in County Clerk's Office with County Surveyor to be 11 archived as permanent records 12 12 1.4 Consider/discuss, take appropriate action on authorizing Information Technology Department to 13 immediately hire a full time I.T. specialist 15 14 1.8 Consider/discuss, take appropriate action concerning preliminary and final plat of Las 15 Colinas of Kerrville 20 16 1.5 Consider/discuss, take appropriate action on new license agreement with Kerrville Christmas Lighting 17 Corporation, and terms and conditions of any such agreement 42 18 1.6 Request Court's approval of annual agreement with 19 Kerrville Christmas Lighting Corporation for authorization to decorate the courthouse grounds 20 this coming holiday season 42 21 1.7 Request Court's approval for new archway for this year's Christmas lighting event 42 22 1.11 Public Hearing concerning revision of plat for 23 Lot 1, The Homestead @ Turtle Creek 58 24 1.13 Public Hearing for revision of plat for Lots 50 & 51 of Highlands Ranch 58 25 3 1 I N D E X August 13, 2007 2 PAGE 1.9 Consider/discuss, take appropriate action for 3 concept of Northfork Ranch Subdivision 59 4 1.10 Consider/discuss, take appropriate action to name a private road in accordance with the 911 guidelines 65 5 1.12 Consider/discuss, take appropriate action concerning 6 revision of plat for Lot 1, The Homestead at Turtle Creek 66 7 1.14 Consider/discuss, take appropriate action for re- 8 vision of plat for Lots 50 & 51 of Highlands Ranch 67 9 1.15 Consider/discuss, take appropriate action on renovation plan for pole barn at Hill Country 10 Youth Exhibition Center (Ag Barn) 68 11 1.16 Consider/discuss, take appropriate action regarding renewal with Texas Association of Counties for 12 insurance coverage as to auto physical damage, auto liability, general liability, crime, law 13 enforcement liability, property physical damage, and public officials' liability 68 14 1.17 Consider/discuss, take appropriate action to 15 adopt a policy in which entities funded by Kerr County should give a cost-of-living adjustment not 16 greater than the rate given by the County or other published rates 71 17 1.18 Consider/discuss, take appropriate action on 18 implementation of the burn ban 74 19 1.19 Consider/discuss, take appropriate action regarding allowing, free of cost, use of Youth Exhibit Center 20 chairs and tables to "The Ranch" radio station for their 4th annual Camo Claus party on Dec. 13, 2007 76, 21 82 22 1.20 Consider/discuss, take appropriate action on Commissioners Court Coordinator assuming 23 responsibilities for Plateau Water Planning Group (Region J) 80 24 25 4 1 I N D E X August 13, 2007 2 PAGE 1.21 Consider/discuss, take appropriate action to adopt 3 the final draft of the Feasibility Analysis for Regional Water and Wastewater Services for Center 4 Point and Eastern Kerr County, Texas, as submitted to Texas Water Development Board 84 5 1.22 Consider/discuss, take appropriate action to 6 review the new Kerr County Environmental Health Department plat filing requirements and make 7 amendments if necessary 88 8 1.23 Consider/discuss, take appropriate action regarding request from Headwaters Groundwater 9 Conservation District to drill a Lower Trinity monitoring well in the Kerrville South area 105 10 1.24 Consider/discuss, take appropriate action on 11 approving a contract with Sprint to provide wireless computer access to Kerr County Juvenile 12 Detention Facility 114 13 1.25 Consider/discuss, take appropriate action on approving the per diem rate of $90 per day per 14 child for Kerr County Juvenile Detention Center; approve Judge Tinley to sign off on contracts for 15 counties contracting with Kerr County for secure preadjudication detention services for '07-'08 115 16 1.26 Consider/discuss, take appropriate action to 17 change status of a part-time employee at the Juvenile Detention Facility to a full-time 18 employee position 116 19 4.1 Pay Bills 119 4.2 Budget Amendments 124 20 4.3 Late Bills 148 4.4 Approve and Accept Monthly Reports 155 21 5.1 Reports from Commissioners/Liaison Committee 22 Assignments 156 23 1.27 Consider/discuss, take appropriate action to appoint Environmental Health Department Manager 24 (Executive session as needed) 158 25 --- Adjourned 160 5 1 On Monday, August 13, 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 and posted for this date and 9 time, Monday, August 13, 2007, at 9 a.m. It is that time now. 10 Commissioner Letz? 11 COMMISSIONER LETZ: Would everyone please stand and 12 join me 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, this is 17 your time to be heard. If you want to be heard on a listed 18 agenda item, we prefer that you fill out a participation form. 19 They can be found at the back of the room. It's not 20 essential; helps me to know that we do have people who have 21 input on particular issues you, and helps me to be mindful of 22 that so that I don't miss you. But even if you don't fill out 23 a participation form and want to be heard on a particular 24 issue, get my attention when we get to that item, and we'll 25 give you that opportunity. But right now, if there's any 8-13-07 6 1 member of the public or the audience take wishes to be heard 2 on any item that is not a listed agenda item, feel free to 3 come forward at this time. Seeing no one coming forward, I'd 4 like to recognize Mr. Mel Ferguson from Senator Troy Fraser's 5 office who's with us today. And when I saw him earlier this 6 morning, I told him I'd hoped he brought a handful of checks. 7 I don't think he's got that. Maybe he's got something that is 8 maybe not quite as good, but some good news. 9 MR. FERGUSON: Thank you, Judge, for recognizing me, 10 and Senator Troy Fraser sends his regards to Commissioners 11 Court and thanks you for all the support and communications 12 that you've had with him over the past year, and even since 13 the legislative session. Here with no agenda items, I'm a 14 little light on money. But I can write you a check, but 15 please don't cash it until next Monday. But thank you for -- 16 for recognizing me this morning. About a year ago, I was 17 asked at another Commissioners Court to do a rain dance for 18 the hill country area. I did that, and now I can't find the 19 off button. I wish I could. But we greet you from sunny and 20 dry Marble Falls as well. Thank you, gentlemen. 21 COMMISSIONER BALDWIN: Thank you. 22 JUDGE TINLEY: Thank you, Mr. Ferguson. Okay. 23 Commissioner Letz, what do you have for us this morning? 24 COMMISSIONER LETZ: I don't believe I have anything 25 we have a long agenda. Let's get started. 8-13-07 7 1 JUDGE TINLEY: Okay. Commissioner Oehler? 2 COMMISSIONER OEHLER: Only one thing. I want to put 3 -- I'm going to put the burn ban on in western Kerr County 4 this morning, because we have not had any rain. The fire 5 departments have called and asked that that be put on because 6 of drying conditions and tall grass, and we don't want to have 7 any -- any wildfire or anything like that get away 8 unnecessarily. People need to be cautious and careful and 9 respect the burn ban. 10 JUDGE TINLEY: Anything else? 11 COMMISSIONER OEHLER: That's it. 12 COMMISSIONER BALDWIN: Judge, I don't have anything, 13 thank you. 14 JUDGE TINLEY: I'm amazed. At a loss for words? 15 COMMISSIONER BALDWIN: I'll bring up something, then 16 if you -- being that you put it that way. I will -- if we 17 don't get a little rain, I will be following Commissioner 4's 18 footsteps here pretty quick. 19 JUDGE TINLEY: Okay. 20 COMMISSIONER BALDWIN: But I feel still kind of safe 21 in mine. I see people burning, but I haven't heard of 22 anything getting out of hand, so I think we're still in pretty 23 good shape in my area. 24 JUDGE TINLEY: Commissioner 2? 25 COMMISSIONER WILLIAMS: Maybe the good Lord smiles 8-13-07 8 1 on Precincts 2 and 3 more than he does 1 and 4. So, we'll be 2 -- we had rain, and we'll keep the burn ban where it is for 3 now; that is, suspended. 4 JUDGE TINLEY: Is that it? 5 COMMISSIONER WILLIAMS: Yes, sir. Let's go to work. 6 JUDGE TINLEY: Well, I had a couple items I wanted 7 to mention. Some good news. We were successful in obtaining 8 some of the Comptroller capital credits from electric 9 cooperatives here in Kerr County that were not properly 10 allocated, and we got close to $1,300 there, so that's some 11 money that was literally found. I also want to recognize, and 12 the public to be aware of some of the work that our Treasurer, 13 and with the assistance in some respects of our -- our H.R. 14 Director have been doing. We -- we had a penalty imposed on 15 us for the first quarter of '06 by the Internal Revenue 16 Service, and here recently, after paying that penalty, which 17 is almost $12,500, our Treasurer was able to get us a refund 18 of that amount by filing the proper Schedule B's that had to 19 be filed in order to do that, and I believe it was last week, 20 we got word that we got those funds back. So, that was good 21 news. The other good news was, we had some issues with the 22 I.R.S. as a result of the first quarter of this year. Those 23 issues have been resolved, and the -- what would have been 24 penalties imposed against Kerr County, in fact, were resolved 25 without any penalties being imposed. We did have one bit of 8-13-07 9 1 bad news. A $1,900 penalty was imposed for the fourth quarter 2 of last year because of some late payment issues with payroll 3 taxes, and that, of course, I don't think we're going to be 4 able to get reversed. But we're working on that issue also. 5 We'll try and seek recovery of that. But, all in all, the -- 6 the Treasurer's been doing some good work on that. Also, 7 we've managed to obtain some recoveries from the -- the 8 insurance people that we had done business with in the past as 9 a result of premiums having been paid for employees who ceased 10 to be employed by the County, and for some reason, they were 11 continued to be paid, and there's been a number of those 12 recovered. Ms. Hyde, our H.R. Director, in cooperation 13 with -- with Mindy Williams, our Treasurer, has managed to get 14 some of those funds. So, all in all, that's been a -- a good 15 exercise, and I just wanted to have the public aware of their 16 good work and the fact that they're trying their best to hang 17 onto your tax dollars and make sure that they're -- they're 18 safeguarded. Let's get on with our agenda. We've got a long 19 one today. 20 COMMISSIONER LETZ: Before -- Judge, before we start 21 on that, I believe you and Commissioner Williams have to be 22 somewhere after noon, and also, just so you're aware, the 23 Airport Board has changed its meeting time, and it will now 24 meet on -- at 3 o'clock today, and subsequently at 3 o'clock 25 the second Monday of the month. So, anyway, that's just for 8-13-07 10 1 information. And if, for some reason, we do start running 2 late, we may see you tomorrow here. 3 JUDGE TINLEY: Okay. If -- 4 COMMISSIONER LETZ: Maybe we can get through it. 5 JUDGE TINLEY: If I see you leaving, you just want 6 me to know why? 7 COMMISSIONER LETZ: That's right. 8 JUDGE TINLEY: Okay. The first item on the agenda 9 is to consider, discuss, and take appropriate action to 10 declare old plastic election tubs surplus and authorize the 11 sale of same on eBay. Ms. Pieper? 12 MS. PIEPER: Gentlemen, these are election tubs that 13 were used with our prior election equipment. They no longer 14 meet the election laws, and we no longer use them, and I just 15 wanted to get them declared surplus and get them out of my 16 office. 17 COMMISSIONER LETZ: So moved. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded as 20 indicated. Any question or discussion on the motion? All in 21 favor of the motion, signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: That motion does carry. Thank you, 8-13-07 11 1 Ms. Pieper. Next item is to consider, discuss, and take 2 appropriate action to approve the Project Change Document 3 Number 2 between Hart Intercivic and Kerr County to change the 4 annual billing cycle date for the election equipment warrant, 5 support, and license agreement, with the cost of change at 6 $1,556.88, and authorize the County Judge to sign same. 7 Ms. Pieper again. 8 MS. PIEPER: This is just so that once a year, when 9 I get my bill from them, we can pay it. Because the way it is 10 now, it's coming to too early. So, I'll just -- this is 11 basically changing our billing date, but because of that, then 12 they're prorating a month or two, from what I understand. 13 COMMISSIONER LETZ: But, I mean, it says here, cost 14 of change, 1,556. Is that a proration or, I mean -- 15 MS. PIEPER: Yeah. That's, like, two months, I 16 think. 17 COMMISSIONER LETZ: So, it's really not costing us 18 more; we're just -- 19 MS. PIEPER: Right. 20 JUDGE TINLEY: Just rolling that cost forward. 21 MS. PIEPER: Exactly. 22 JUDGE TINLEY: Into the later billing cycle. 23 MS. PIEPER: Mm-hmm. 24 COMMISSIONER WILLIAMS: Why would you have 25 November 1 instead of October 1? 8-13-07 12 1 MS. PIEPER: Well, I requested October 1, but for 2 some reason they want November 1. 3 JUDGE TINLEY: No additional funds; it's just a 4 matter of rolling it forward? 5 MS. PIEPER: Correct. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER WILLIAMS: So moved. 8 COMMISSIONER BALDWIN: Second. 9 JUDGE TINLEY: Motion made and seconded as 10 indicated. Any question or discussion on the motion? All in 11 favor of the motion, signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: Motion carries. We'll go to Item 3; 16 consider, discuss, and take appropriate action to place all 17 recorded plats that are presently located in the County 18 Clerk's office with the County Surveyor to be archived as 19 permanent records, with future original plats, after recorded 20 with the County Clerk's office, being given to the County 21 Surveyor for permanent retention. Commissioner Oehler, I 22 think this was -- you were the lead on this item; is that 23 correct? 24 COMMISSIONER OEHLER: Well, I went by and talked to 25 Lee Voelkel about it one day, and then I went by and talked to 8-13-07 13 1 Ms. Pieper about the same issue, and she -- it was going to be 2 her recommendation to do it this way, I believe. 3 MS. PIEPER: Yes. 4 JUDGE TINLEY: Okay. 5 COMMISSIONER OEHLER: But, you know, she can scan 6 the originals now, and where people can pull them up online 7 and she can make copies whenever people need them or whatever. 8 There's -- nothing will really change, except we'll get rid of 9 the -- it's going to be easier to access them, and we'll have 10 the permanent hard copies be placed with the County Surveyor, 11 whoever that may be in the future. 12 COMMISSIONER BALDWIN: That's the only question I 13 had. A hundred percent supportive of this issue. I know that 14 our surveyor -- the County Surveyor's been there 77 years at 15 this point, but at some time there will be a new County 16 Surveyor. Will these records be automatically transferred 17 over to the new person? 18 COMMISSIONER LETZ: Yes. 19 COMMISSIONER OEHLER: Yes. 20 COMMISSIONER BALDWIN: Yes, is the answer. I move 21 for approval. 22 COMMISSIONER OEHLER: Second. 23 JUDGE TINLEY: Motion made and seconded for approval 24 of the agenda item. Any question or discussion? Ms. Pieper, 25 these plat cabinets that you've got -- 8-13-07 14 1 MS. PIEPER: I was just going to say, can that 2 motion include the seven plat cabinets that I have? 3 JUDGE TINLEY: Seems like that's the proposed way 4 for these records -- the originals to be stored. You have to 5 transfer not only the plats, but the containers that they're 6 in. 7 MS. PIEPER: Yes. 8 COMMISSIONER LETZ: Just a minor point. Who's 9 paying to move all that stuff, now that we're moving -- we're 10 moving cabinets now. 11 MS. PIEPER: Our County Surveyor. 12 COMMISSIONER LETZ: County Surveyor's going to move 13 these cabinets? Okay. 14 JUDGE TINLEY: What a guy. 15 COMMISSIONER LETZ: What a guy. 16 COMMISSIONER WILLIAMS: With a helper. 17 JUDGE TINLEY: He raised his hand. 18 MR. DON VOELKEL: We had talked before about now 19 that we don't have to keep those originals on file, and that 20 now that we're going to scan them -- we were limited by the 21 size of the cabinet for the size of the plat; 21 by 26 were 22 the biggest plat size do we and that's what I was going to ask 23 Jannett while we're all here. Do you think we can now go back 24 to the 24 by 36, which is the normal plat size, so we can get 25 more on them? Since she's not limited with space. And in 8-13-07 15 1 that same vein, do we still have to submit films, since we're 2 not -- since she doesn't keep films any more? 3 COMMISSIONER LETZ: That's not an agenda item for 4 today. 5 MR. DON VOELKEL: I know, but can we talk about that 6 to maybe -- 7 COMMISSIONER LETZ: We'll put it on the agenda. 8 MR. DON VOELKEL: Okay. Next time. 9 JUDGE TINLEY: Any other question or discussion on 10 the motion? All in favor of the motion, signify by raising 11 your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: That motion does carry. We'll move 16 to Item 4; consider, discuss, and take appropriate action on 17 authorizing the Information Technology department to 18 immediately hire a full-time information technology 19 specialist. Mr. Trolinger? 20 MR. TROLINGER: Good morning. As you know, we've 21 budgeted in budget workshops for the additional Information 22 Technology specialist. But with Brad's absence -- extended 23 absence, I feel that it needs to be pushed up in order to 24 cover the -- the requirements -- 24/7 requirements of the 25 Sheriff's Office, et cetera. 8-13-07 16 1 JUDGE TINLEY: Well, you've also -- your support 2 in-house at the Sheriff's Office is going to be no longer 3 available to you as of -- 4 SHERIFF HIERHOLZER: Last Friday. 5 JUDGE TINLEY: -- middle of this week? 6 SHERIFF HIERHOLZER: Last Friday. 7 JUDGE TINLEY: Last Friday. 8 COMMISSIONER LETZ: Do you have money in your budget 9 to pay the salary for two months, Sheriff? 10 SHERIFF HIERHOLZER: The Auditor -- believe it or 11 not, the Auditor did call me and asked ask me about that -- 12 the new Auditor. And we had budgeted last year -- I don't 13 know how much it would cover; we had budgeted last year the 14 20 -- I think it's 23,000 for the software maintenance for 15 this year that we did not ever get into the contract with. 16 But that is still under Software Maintenance in my budget. 17 COMMISSIONER LETZ: Okay. 18 SHERIFF HIERHOLZER: And I wouldn't expect that we'd 19 get a bill for it since we didn't have a contract with them. 20 MR. TROLINGER: And that's correct. And the 21 Auditor's reviewed the budget and essentially found that money 22 in the Sheriff's -- 23 COMMISSIONER BALDWIN: What would the starting 24 salary of this position be? 25 MR. TROLINGER: I'm anticipating that it'll be a 8-13-07 17 1 Grade 26, $40,704. But commensurate with experience, I've 2 anticipated -- I've actually budgeted for 42,9 approximately. 3 COMMISSIONER BALDWIN: You've budgeted for 42,9? 4 MR. TROLINGER: Well, approximate -- I've 5 approximated in next year's budget, during the workshop, 6 42,900. 7 COMMISSIONER BALDWIN: Well, if the person -- if you 8 find this person and you put him on the payroll, he'll go on 9 at 40,700? 10 MR. TROLINGER: That's the -- that's what I'm 11 anticipating. But depending on experience and the right 12 person, I want to have the flexibility to offer a little bit 13 more to get the right person to, you know, for instance, move 14 from out of town. This is not a -- you know, this is not a, 15 "Go follow me and do this." This is a position that 16 essentially is my mirror. 17 COMMISSIONER BALDWIN: So, all we're talking about 18 today is two months salary? Two months? 19 COMMISSIONER LETZ: Two months. 20 COMMISSIONER BALDWIN: Two months salary. 21 MR. TROLINGER: Yes. 22 COMMISSIONER BALDWIN: And so, if we transferred 23 that 23 out of Software Maintenance in the Sheriff's Office 24 into this -- your line, then we're safe for the two months? 25 MR. TROLINGER: Yes, sir. 8-13-07 18 1 COMMISSIONER BALDWIN: And then you can fuss over 42 2 or 42,9 or all that later. 3 MR. TROLINGER: Yes, sir. 4 COMMISSIONER WILLIAMS: You're going to have this 5 posted on the web site and advertise? How do you plan to 6 handle it? 7 MR. TROLINGER: Yes. Both -- both advertisement and 8 the web site, I believe. I'm not 100 percent on the newspaper 9 publication, if that's required, but it will be on the web 10 site. 11 COMMISSIONER LETZ: I think the only -- I'm not sure 12 how we have changed our hiring format since we have the H.R. 13 department down there exactly, but I think that we need -- you 14 need to make sure it goes through that department, as -- as 15 opposed to just doing it on your own. 16 MR. TROLINGER: Yes, sir. I developed the -- the 17 requirements for information technology specialist working 18 with H.R. and a few other counties that gave me some input, 19 and have a -- 20 JUDGE TINLEY: Job description? 21 MR. TROLINGER: -- have some background. And the -- 22 yes, sir. 23 JUDGE TINLEY: Okay. 24 MR. TROLINGER: The job description. 25 COMMISSIONER WILLIAMS: Move approval. 8-13-07 19 1 COMMISSIONER OEHLER: Second. 2 JUDGE TINLEY: Motion made and seconded for approval 3 of the agenda item as indicated. Any question or discussion? 4 COMMISSIONER BALDWIN: Judge, are we talking about 5 transferring money from Point A to Point B? 6 JUDGE TINLEY: I don't know if there's -- 7 COMMISSIONER BALDWIN: In this motion? 8 JUDGE TINLEY: I don't know. 9 COMMISSIONER WILLIAMS: No, just approval to go 10 ahead, but when it comes time to transfer, there will be a 11 budget amendment. 12 COMMISSIONER BALDWIN: Okay. 13 JUDGE TINLEY: Any other -- 14 COMMISSIONER LETZ: And the other item is, the 15 intent is that this person is going to be working with the 16 Sheriff's Department closely, correct? 17 MR. TROLINGER: Yes, sir. 18 COMMISSIONER LETZ: Long-term? 19 MR. TROLINGER: I anticipate that the person will 20 actually be stationed at the Sheriff's Department and, for 21 instance, come to the courthouse for half a day, be out at 22 Probation, Animal Control, et cetera. They're going online 23 next year. 24 COMMISSIONER WILLIAMS: But that's not going to be a 25 Sheriff's Department employee; it's going to be your employee; 8-13-07 20 1 is that correct? 2 MR. TROLINGER: Yes, sir. 3 COMMISSIONER WILLIAMS: No -- I'm seeing a no. 4 SHERIFF HIERHOLZER: No, he's not going to be a 5 Sheriff's Department employee. 6 COMMISSIONER WILLIAMS: Thank you. 7 JUDGE TINLEY: But the bulk of his work, obviously, 8 will be at the S.O., at the Law Enforcement Center. 9 MR. TROLINGER: Just as a matter of convenience. 10 That's where the -- you know, besides the courthouse, the 11 majority of the users are at. 12 JUDGE TINLEY: Sure. Any other question or 13 comments? All in favor of the motion, signify by raising your 14 right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: That motion does carry. 19 MR. TROLINGER: Thank you. 20 JUDGE TINLEY: Let's go to Item 5; consider, 21 discuss, and take appropriate action -- let's defer on Item 5 22 for just a moment. That dovetails with 6 and 7. We'll come 23 back to those, and let's go to Item 8; consider, discuss, and 24 take appropriate action concerning the preliminary and final 25 plat of Las Colinas of Kerrville. Mr. Odom? 8-13-07 21 1 MR. ODOM: Yes, sir. Las Colinas of Kerrville was 2 the first subdivision under the legislative mandate for 3 one-stop shopping for the developer. The concept was done by 4 the Court back in December of '05. In January of '06, the 5 City of Kerrville took over the platting of everything in the 6 ETJ. The development inspections were done under the City's 7 supervision. The City approved the final plat at their last 8 meeting. We're here today because a portion of the plat is 9 outside of the ETJ and in the County's jurisdiction; 10 therefore, the Court needs to approve both the preliminary and 11 final approval for Las Colinas of Kerrville. 12 COMMISSIONER BALDWIN: The reason that I'm in 13 support of this was that this was one of those subdivisions 14 back in the olden days when the guy came to this Court and got 15 approval or disapproval and paid all the county fees, and then 16 he'd go over to the city and do -- go through the same 17 process, pay the fees at both places. And, as we all know, 18 that -- that is a nutty way to do business. So, the City, 19 through negotiations with Commissioner Letz and myself, have 20 taken the ETJ program, and they have approved it. This thing 21 is built. You know, we've penalized this developer more than 22 one way, and it's already built, and there's one street that 23 is outside the ETJ, and I don't know how many lots. Seems 24 like there's 12 or 15 lots or something that's actually in -- 25 inside -- outside the city and in the county, and what can you 8-13-07 22 1 say? It's done. The thing's built. 2 COMMISSIONER LETZ: Well, I think it's important to 3 add that the developer did what the County and City told him 4 to do. It was just -- it fell, kind of, through the cracks in 5 that under the -- at the time it was assumed that -- should 6 never assume things, but it was assumed that the agreement the 7 City and the County had that the -- if it was a majority in 8 the city, they would do it; majority in the county, the County 9 would do it, but it would be the -- the policy. But then that 10 policy turned out to be not proper, or not able to do it, 11 because the City doesn't have any authority outside the ETJ. 12 And, therefore, it got into -- but the developer was never 13 told this. The developer did everything he was asked to do 14 and built everything in compliance, basically, with our rules 15 anyway. So, I mean -- 16 COMMISSIONER WILLIAMS: I have one problem with it. 17 Not -- not with the plat or the subdivision, but with the 18 name. And, for some reason or other, the name seems to have 19 fallen through the cracks, because it duplicates in large 20 measure the name of a subdivision that has been in place in 21 Kerr County since 1984, I believe. And most recently as last 22 week, we had the first of what will probably be a lot of 23 confusion over time with respect to visitation to Las Colinas, 24 whether it's Las Colinas of Kerrville or the other Las Colinas 25 on Medina Highway. And I'm not sure how this happened, 8-13-07 23 1 whether it happened in our piece of the review process or 2 whether it happened with the City in its review process, or 3 whether it happened with 911, but the fact of the matter is, 4 there is another Las Colinas, and it is causing the 5 beginning -- it has already begun to cause confusion as to 6 location for deliveries. And if it's deliveries of mail or 7 packages or visitors today, it can be confusion with respect 8 to the delivery of emergency services tomorrow. So, I don't 9 know what we do about it, but there is a duplication that 10 should never have happened in terms of the name. Not -- the 11 subdivision. 12 COMMISSIONER BALDWIN: I understand. I understand. 13 First of all, 911 doesn't have anything to do with naming of 14 subdivisions; that's something that we approve or disapprove. 15 They name -- they approve the street names. And I would think 16 that -- that if emergency services received a call to one or 17 the other, that the duplication is not in the street names. I 18 don't know what this argument -- I keep hearing about this big 19 fight brewing over the name of the subdivision, but I don't 20 see -- you know, all I'm concerned with is the health and 21 safety of our citizens, and in my mind -- and, Rusty, correct 22 me if I'm wrong -- that if emergency services are called to a 23 particular street, then, you know, this subdivision and the 24 one on the Medina Highway will have different names of 25 streets. And -- even though the name's technically not the 8-13-07 24 1 same as well. But I don't -- I don't see the problem. Now, 2 if -- if the gentleman out on Medina Highway doesn't like -- 3 doesn't like the name of this subdivision, maybe, you know, he 4 needs to go through his channels to have it changed. But, I 5 mean, I don't -- I don't see the problem in it. 6 COMMISSIONER WILLIAMS: Well, we need -- 7 MR. MOSTY: Judge Tinley, could the gentleman from 8 Medina Highway speak? 9 JUDGE TINLEY: Momentarily, Mr. Mosty. We'll get to 10 you. Are you through, Mr. Odom? 11 MR. MOSTY: I'm speaking on this item. 12 MR. ODOM: Excuse me. I waited for any questions to 13 me, but I'll just defer my time to him and then come back. 14 JUDGE TINLEY: Okay. Give your name to the 15 reporter. 16 MR. MOSTY: My name is Richard Mosty; I live at 131 17 Las Colinas in Kerrville. And I appreciate that. 911 ought 18 to go to the right location. But last week, we had some 19 furniture being delivered, and we gave them our address, phone 20 number, 131 Las Colinas. They looked it up and they called my 21 wife and said, "Your gate doesn't work." And so she said, 22 "Okay, I'll come down; I'll open the gate for you." So, she 23 goes down, opens the gate, and there's nobody there. She gets 24 on the phone with them, says, "Where are you?" "We're out on 25 Sheppard Rees Road." Now, it's furniture. And -- but the 8-13-07 25 1 people made a mistake. And if 911 makes a mistake, it's not 2 going to be a funny item. You know, I said in jest, what I 3 might do is -- I still own all my subdivision. I might just 4 apply for it to be renamed Riverhill of Kerrville. If that's 5 different enough, then I could do that. So, I think it's 6 something that if -- in a perfect world, there might never be 7 a problem, but there could be, and my -- I live on Las Colinas 8 Drive. And, as a matter of fact, they told me I couldn't -- I 9 wanted to name it Mosty something-or-other, and they said no, 10 there are too many Mosty names in Kerrville, and that might 11 cause confusion. Well, the confusion is I think what the 12 Court ought to be avoiding. And I'll take any questions if 13 you have any. 14 COMMISSIONER LETZ: I think the only question-slash- 15 comment, this is a little bit unusual, because the County 16 wasn't really involved with this. This was intended -- the 17 developer was told to work with the City of Kerrville, which 18 the developer did. Have you talked to the City of Kerrville? 19 They're the ones that approved the name. 20 MR. MOSTY: I get the same -- I get the same story 21 from everybody. "We don't check that; there's nothing we can 22 do about it." I will say this. Mr. Odom, when this very 23 first came up -- this has been now two years ago -- the 24 developer wanted to reserve the name, and Mr. Odom pointed out 25 to the Court at that time that there was already a Las Colinas 8-13-07 26 1 Subdivision. So, it's not a -- it's not a new subject. 2 COMMISSIONER LETZ: I mean, I guess -- this 3 developer -- I understand your issue, but I also say the 4 developer -- the County hasn't -- wasn't really a party to 5 this, and we told the developer the County wasn't going to be 6 a part of this deal. And just an actual -- as I said earlier, 7 it is the inability for the City and County to do what we had 8 intended to do because of some legal issues with the City that 9 it's even back before us. And I don't know that -- I mean, if 10 the -- for this -- if we don't approve it, then we're going 11 back and -- and not approving something that we told the 12 developer we would approve, basically, and then he has to go 13 back to the City again. 14 MR. MOSTY: You're just talking about a name, not 15 talking about approving the development itself. You're 16 talking about the name. 17 COMMISSIONER LETZ: Well, but I -- 18 MR. MOSTY: That's the only issue. And I don't have 19 any issue with the development or anything about it. I don't 20 know anything about it. 21 COMMISSIONER BALDWIN: Richard -- 22 MR. MOSTY: The name is the only issue, and it's -- 23 in my mind, it's a safety issue. 24 COMMISSIONER BALDWIN: The -- well, it is -- I see 25 it a little bit different than you do. If -- if a call comes 8-13-07 27 1 in to 911, and it's a call to Rusty, as an example, they're 2 going to say, "I'm having a heart attack and I live on San 3 Juan Mission South." They don't say, "I live in Las Colinas 4 of Kerrville" or "Las Colinas." 5 MR. MOSTY: So long as no mistakes are made, 6 Mr. Baldwin, that's -- that's true. Last week, the furniture 7 company made a mistake. And if we can -- if we can be certain 8 that no mistakes will occur, there will never be a problem -- 9 COMMISSIONER BALDWIN: I can't guarantee that. I'm 10 not real concerned about -- I don't mean to be rude, but I'm 11 not concerned about furniture or mail or any of that kind of 12 stuff. 13 MR. MOSTY: I could care less about furniture. 14 COMMISSIONER BALDWIN: People that Rusty and the 15 ambulance service and those people can handle, that's what I'm 16 concerned with. 17 SHERIFF HIERHOLZER: If I can't -- I think there 18 could be a big issue because of one thing. Because the name 19 of Mr. Mosty's road is Las Colinas Drive. So, when 911 comes 20 in, okay? Say somebody in Mr. Mosty's subdivision calls 911, 21 and, "I live at 150 Las Colinas." Just because of the -- 22 the -- not massiveness, but popularity of that Las Colinas 23 Subdivision out there, that's the first place everybody's 24 going to think of. Not Mr. Mosty's drive. They're going to 25 think I live on Las Colinas, and they're going to take off out 8-13-07 28 1 there. So, I think it could have a potential -- 2 COMMISSIONER BALDWIN: All right, sit down. 3 SHERIFF HIERHOLZER: -- issue. 4 JUDGE TINLEY: Question. Do we have the specific 5 authority under our Subdivision Rules and our platting 6 requirements with respect to the name of a particular 7 subdivision? 8 MR. ODOM: Off the top of my head, I would -- I'm 9 not a lawyer, but I don't recall anything like that, other 10 than road names to be cleared by 911. So, I -- I don't know 11 if there's anything binding about the subdivision name. 12 COMMISSIONER LETZ: I think the Clerk has that 13 authority, actually. 14 MS. PIEPER: I was thinking; it seems like there's a 15 statute in the Property Code that the developer is supposed to 16 check with the County Clerk for a name -- the same name, which 17 nobody ever does. But seems like there is a statute in there. 18 COMMISSIONER WILLIAMS: What's the County Attorney 19 think about it? 20 JUDGE TINLEY: County Attorney's thinking. 21 MR. EMERSON: That -- well, basically, that you guys 22 are all right. I don't think there's anything in 232 that 23 specifically talks about the name of a subdivision. Strictly 24 talks about the technical requirements of the subdivision. 25 But Jannett's absolutely correct, that I think -- I forget 8-13-07 29 1 what the statute is, but there is a Property Code statute 2 about reserving names and property rights associated with 3 reserving that name. 4 SHERIFF HIERHOLZER: Only thing -- 5 MR. EMERSON: Is that answer ambiguous enough for 6 you? 7 COMMISSIONER WILLIAMS: Yes, it is, thank you. I'm 8 trying to sort through it right now. 9 SHERIFF HIERHOLZER: Only difference is, Mr. Mosty's 10 subdivision is also named Las Colinas, but also his road is 11 Las Colinas. Now, if he wanted to go through the real trouble 12 of renaming the road, it may solve some of the problems. 13 COMMISSIONER BALDWIN: I don't think there's any 14 roads in this other one named Las Colinas. I don't think. 15 JUDGE TINLEY: No. 16 COMMISSIONER BALDWIN: I don't -- what do y'all want 17 to do? What's the right thing to do? I don't know that 18 it's -- from what I just heard just now, it's not up to us to 19 make these kinds of decisions of names of subdivisions. 20 COMMISSIONER OEHLER: Maybe it would be proper for 21 the County Clerk to contact both parties and see if they might 22 want to -- one of them rename, so that there wouldn't be a 23 conflict. Sounds like she's the one that has the authority, 24 not us. 25 COMMISSIONER WILLIAMS: Is there anybody that 8-13-07 30 1 represents Las Colinas of Kerrville, other than the surveyor, 2 in the audience? 3 COMMISSIONER LETZ: I mean, I'll make a comment on 4 that, just a little bit. 'Cause I met with the developer 5 along with Commissioner Baldwin. I think probably the reason 6 he's not here is 'cause I said this is a ministerial duty from 7 our standpoint. I don't see that we have any issue with this, 8 and I probably -- probably told him he didn't need to come, I 9 think. 10 COMMISSIONER WILLIAMS: That's okay. 11 COMMISSIONER LETZ: So, I mean, I think it's not a 12 lack of interest here, because this issue -- this is the first 13 I've heard of the issue of the names. You know, being -- it 14 wasn't discussed when I met with Mr. Richards, his attorney, 15 the attorney for the development. 16 MR. DOMINGUES: I'm Charles Domingues. Commissioner 17 Williams, I do not have any -- that much insight into what 18 went on in naming this. I do know that they went through the 19 approval process to get this name when this subdivision 20 started two years -- over two years ago. 21 COMMISSIONER WILLIAMS: What would that have been? 22 What would that approval process have been? 23 MR. DOMINGUES: Through the County Clerk, from what 24 I understand. 25 JUDGE TINLEY: What happened to the County Clerk? 8-13-07 31 1 She just left? 2 MS. GRINSTEAD: She's on my computer. 3 MR. DOMINGUES: But I don't know for sure. I wish I 4 did, but I don't. 5 COMMISSIONER WILLIAMS: First, to straighten out the 6 confusion, I don't have any problem with the plat -- the 7 subdivision. It's just the name. And, to me, it's a safety 8 issue as well. 9 JUDGE TINLEY: I think we -- the County Attorney's 10 got some comments he wants to make. 11 MR. EMERSON: Well, I'm -- 12 JUDGE TINLEY: It occurs to me maybe this thing 13 properly is in his lap for the time being until we give him an 14 opportunity to sort through the various issues involved and 15 see what the legal ramifications are. We -- we may want to 16 hang this thing on the hook. 17 MR. EMERSON: And I'd be more than happy to do that, 18 Judge. But in clarifying what happened two years ago, I can 19 tell you, because I was at that meeting with Mr. Baldwin, is 20 that we talked to the developer for an extended period of 21 time. It was determined at that point the development was 22 going to be within the ETJ of the city. We had the agreement 23 with the city, and he was referred over to the city at that 24 point. Now, I also seem to recall that when the original 25 concept plan was presented to this Court, Mr. Odom and Truby 8-13-07 32 1 presented to the Court that there was a name problem, and it's 2 my understanding that that issue was supposed to be addressed 3 through the City. But the County was notified at that time 4 that Jannett had a problem with the name. 5 COMMISSIONER LETZ: Our rules do address it, by the 6 way. Our rules say the proposed name of the subdivision shall 7 not have the same spelling as or pronounced similar to the 8 name of any other subdivision located wholly or partially in 9 the county. Subdivision names must be checked for duplication 10 by the County Clerk. 11 COMMISSIONER BALDWIN: If it's a subdivision in the 12 county. 13 COMMISSIONER LETZ: Well, yeah, but this is in the 14 county. 15 COMMISSIONER BALDWIN: ETJ. 16 COMMISSIONER LETZ: But the ETJ is county more than 17 city from -- well, it depends on which way you look at it. 18 COMMISSIONER WILLIAMS: I look at it your way; it's 19 in the county. 20 COMMISSIONER LETZ: But -- you know, but the 21 question comes, is this a -- is this different enough, when 22 you add the "of Kerrville"? And that's -- you know, it may 23 be. I mean, there's lots of subdivisions that are -- you 24 know, The Estates of Walnut Strings, The Preserve at Walnut 25 Springs. I mean, people do that intentionally a lot of times 8-13-07 33 1 for geographic reasons for whatever name. I mean, Las Colinas 2 of Kerrville or Las Colinas. I mean, those -- to me, those 3 are two different names. May there be confusion? Possibly. 4 But it does -- I mean, they're different. That's why I'd make 5 it the County Clerk's decision, not mine. 6 MR. ODOM: May I -- 7 COMMISSIONER WILLIAMS: Sure. 8 MR. ODOM: -- say from my memory on this -- and this 9 goes back December, probably November when we talked about it. 10 But I remember right before January, we gave a list of roads 11 -- or subdivisions that would be affected or not affected at 12 this point, and this was one of them that was going to be 13 affected. It was turned totally over to the city. I'm not 14 trying to escape or put the blame on them, but I remember 15 there was a list of subdivisions or -- or concepts or 16 preliminaries that were going forward at that time, and then 17 this was one of them that hit right at that point, and that 18 that was -- that was one of them, if not the -- not the one at 19 that point that was going to be turned over totally to the 20 City. 21 COMMISSIONER LETZ: And that's part of the -- I 22 mean, the point we haven't been involved in this. I mean, 23 it's a City -- if there's a conflict there, the City has 24 approved it, in my mind. I mean, this is -- we told the 25 developer to work with the City. That's what our rules say. 8-13-07 34 1 And the developer did what he -- we told him to do. 2 COMMISSIONER WILLIAMS: I understand that. 3 COMMISSIONER LETZ: And I don't -- and that, to me, 4 includes name change. I understand Mr. Mosty's concern, and 5 the City should have listened to him or should have taken it 6 under consideration. Maybe they did and decided that it 7 wasn't close enough, but -- 8 MR. MOSTY: I don't live in the city, and I don't 9 know -- I don't even know any of this. I just happened to 10 find out that this was on the agenda today. Nobody -- 11 nobody's ever contacted me about anything. 12 COMMISSIONER LETZ: And -- but I think the -- I 13 mean, to me, it's a city issue because, I mean, they can -- I 14 mean, there's lots of subdivisions that are in the city or in 15 the ETJ that may be a duplicate to the county; may be close or 16 may not, you know. It's -- there's no person in the county 17 that has ultimate control over that, other than possibly 18 Jannett, but I don't think she has any influence in the city. 19 So, I mean, they certainly can look at names. 20 COMMISSIONER WILLIAMS: So, if this Court refused to 21 take any action today and sends it back to the City, would 22 that be the appropriate way to move it? 23 COMMISSIONER LETZ: I don't think so. I think the 24 developer did what we told him he needed to do. I mean, I 25 think the developer -- I don't think it's right for us to tell 8-13-07 35 1 the developer by, you know, action of this body to go work 2 with the City; you're in the ETJ. He does everything we've 3 told him to, then for us to come back and say we're -- that 4 we're not going to approve it when the City has approved it, I 5 don't think that's right. I mean, I understand Mr. Mosty's 6 concern, but we're doing -- the developer did what we told him 7 to do, and for us to not do this I don't think is -- is right. 8 COMMISSIONER BALDWIN: And us -- us denying him that 9 would be -- we would be taking a stand for the City. We just 10 need to take a -- do what we're supposed to do. 11 COMMISSIONER LETZ: I mean, there may be -- I 12 personally feel this is a far enough -- different enough name. 13 But, you know, I can also see Mr. Mosty's concern that it is 14 similar. But all I can say is that, I mean, we told the 15 developer that the City is handling this; it's in the ETJ, and 16 it was several months ago when it was determined by the City 17 Attorney that they don't have this authority outside the ETJ, 18 you know. But the City went ahead and acted. The City 19 actually, I think, thinks they do have authority. Well, the 20 City Council thought they had authority to approve it. It was 21 at the very end as to who signed because of floodplain and 22 some other issues, it had to come back to Len. 23 MR. EMERSON: For what it's worth, Jonathan, it's my 24 understanding that at least until recently, nobody knew that 25 the subdivision overlapped the ETJ line. I know at least two 8-13-07 36 1 years ago, when they sat down with us, that was not knowledge. 2 COMMISSIONER BALDWIN: That's true. Do you have any 3 more to add to this? 4 MR. DOMINGUES: Well, I might add one thing. 5 There's a street here in Kerrville that has been named 6 Guadalupe Street since the year zero, and there's also a 7 subdivision just outside the city limits that's Guadalupe 8 Heights, and there's several subdivisions named with 9 "Guadalupe" in it. And I would like to ask Rusty if he knows 10 of any problem that has happened because of this subdivision 11 name and street names being the same. And there's several of 12 them. 13 SHERIFF HIERHOLZER: But -- there are several, but 14 there is a big difference in Guadalupe Street and Guadalupe 15 Heights. The problem I personally think you're going to have 16 is -- is Jonathan's right, there is a name difference a little 17 bit. But on that very beautiful entrance up there off 18 Sheppard Rees, all it says on that sign is "Las Colinas." And 19 what I know, just from all the years working patrol and being 20 in charge of the department, if somebody calls, says I live -- 21 cause normally, your major road going just -- major road going 22 in a subdivision a whole lot of times is the same name as the 23 subdivision; it's that drive or whatever. And if somebody 24 from Mr. Mosty's road on Las Colinas calls, and it says, you 25 know, 131 Las Colinas, I just about promise you that unless 8-13-07 37 1 they get enough information to really say Highway 16 South or 2 something also, you're going to have people drive to Sheppard 3 Rees, just because of the -- of how knowledgeable that new 4 subdivision is and how prominent it is. It's beautiful, and 5 that's what they're going to go to. 6 MR. DOMINGUES: Yeah, well at one time, Guadalupe 7 Street and Guadalupe Heights were also new. 8 SHERIFF HIERHOLZER: Well, I mean, you have a lot of 9 things. You have a First through Fifth Street in Kerrville; 10 you have a First through Third Street in Center Point, a First 11 through Sixth Street in Ingram. Okay? And they do cause 12 confusion at times. I'm not saying you don't. But I can see 13 these people running out to -- to Sheppard Rees when a call 14 comes in on -- on Las Colinas. 15 COMMISSIONER WILLIAMS: Well, I don't see the 16 analogy between Guadalupe and Guadalupe Heights, because there 17 is no street involved in Guadalupe Heights that's named 18 Guadalupe Street or Avenue, so I don't see the analogy there. 19 But I do see a potential problem, because somebody's going to 20 call up for a 911 call, and they're going to give an address 21 on Las Rincones South; they're going to say, "That's in Las 22 Colinas," to help whoever they're directing or trying to get 23 directions to, so I do see a potential problem. 24 COMMISSIONER LETZ: I don't disagree with the 25 potential problem. I'm just saying I don't think -- I think 8-13-07 38 1 it's wrong for us to change it at this point or to try to get 2 involved in it, because I think that it's the -- I mean, I 3 didn't even know that the developer had a sign up in his 4 thing, but that even makes it more so. I mean, he's -- you 5 know, for us just to arbitrarily, after he did what we told 6 him to, change the name, it's going to cost that developer 7 huge sums of money, and he did what we told him to do. And 8 that's just -- if I was him, I'd sue us, you know. I mean -- 9 COMMISSIONER WILLIAMS: He did what we told -- he 10 did what we told him to do in terms of plat review, which was 11 to have the City do it. You're correct. So, somewhere, 12 however, the process broke down, because the name was not 13 double-checked. And Mr. Domingues represents that the County 14 Clerk was a part of the process for determining that 15 subdivision name. I don't know whether Ms. Pieper was or not. 16 She's shaking her head no, which tells me somebody dropped the 17 ball. 18 JUDGE TINLEY: Sheriff, let me ask you, if I might, 19 is it not the case that when a call comes in to 911, by virtue 20 of their GPS work that they've done and all the mapping of 21 their streets, when they punch in whatever address and street 22 name, it's going to kick it up on that map and it's going to 23 show you on an expanded screen exactly where that is, if it's 24 off out here in the southeast part of the county -- southeast 25 or southwest or wherever it may be? 8-13-07 39 1 SHERIFF HIERHOLZER: I don't know what the city has 2 that kicks up on 911, okay? When it comes in to the Sheriff's 3 Office, transferred from the city, all it is is a printout 4 that says the address. That's all you get. You don't get any 5 map, any GPS coordinates, location or anything else. All our 6 office is going to get is 130 Las Colinas, and that's -- I 7 don't see it as being a problem with all the residents inside 8 the Las Colinas Subdivision, 'cause those are different names, 9 those streets. I see it being more of a problem -- and a 10 potential problem with Mr. Mosty, with his -- the name of his 11 road being Las Colinas; that it assumes it gets back there. 12 But we don't have the mapping; never have had. That's not the 13 county's part of the 911. 14 JUDGE TINLEY: Does that not exist at 911? 15 SHERIFF HIERHOLZER: It -- it could. It's never 16 been anything that the county's -- 17 JUDGE TINLEY: You don't know whether it exists at 18 911? 19 SHERIFF HIERHOLZER: No, I don't know what the city 20 has. I know what part of the 911 that we have -- we get, and 21 have always got, and it's just the street name and that's it. 22 JUDGE TINLEY: And you have no idea what they get at 23 the PSAP over there? 24 SHERIFF HIERHOLZER: No. 25 JUDGE TINLEY: Okay. 8-13-07 40 1 SHERIFF HIERHOLZER: They've had a lot of upgrades 2 in that over the last few years. I have no idea what they 3 get. 4 COMMISSIONER BALDWIN: Judge, this Court is 5 responsible for naming of the streets or approving naming of 6 streets, not naming of subdivisions. I move for approval of 7 this agenda item. 8 COMMISSIONER LETZ: Second. 9 JUDGE TINLEY: We have a motion and second for 10 approval of the agenda item. Any further question or 11 discussion on the motion? 12 COMMISSIONER OEHLER: Only thing I can say about it, 13 it seems to me that there needs -- you know, it's one of those 14 things that has happened, and that was not maybe researched 15 enough by the City in the beginning. And it seems to me that 16 it would cause -- cause a safety code -- safety problem in the 17 future, health and safety. And the only thing I can say is, I 18 would encourage one of them to maybe make a change to where 19 there would not be a conflict. And I know that's not 20 palatable for either one of them, but to -- to address the 21 safety issue, I think it would be a good idea for them to deal 22 with it and change it on their own. 23 COMMISSIONER BALDWIN: I agree. 24 COMMISSIONER LETZ: I agree with that. I think the 25 -- and I think we need to look at maybe revisiting the ETJ, 8-13-07 41 1 certainly, and probably the whole city issue, period, about 2 subdivision names and getting them approved, because this is 3 not -- there are many, many similar names. There's -- you 4 know, "cypress" is another word that's used in countless 5 subdivisions. There's lots of other words that are used that 6 are similar. And for -- 7 JUDGE TINLEY: Kerrville South. 8 COMMISSIONER LETZ: Yeah. I mean, there's -- this 9 is not a unique problem. It probably needs to be looked at. 10 And I don't see this as any worse or any better than any of 11 the other ones, but I think the reality here is that the 12 developer did what we told him to do. 13 COMMISSIONER OEHLER: Well, that's the way you have 14 to view it. I mean, once you -- it's kind of like meeting -- 15 meeting the requirements. Once you meet them, you don't 16 really have a choice but to, in good faith, do what we're 17 bound to do. 18 COMMISSIONER BALDWIN: That's true. 19 JUDGE TINLEY: Any other questions or comments on 20 the motion? All in favor of the motion, signify by raising 21 your right hand. 22 (Commissioners Baldwin, Letz and Oehler voted in favor of the motion.) 23 JUDGE TINLEY: All opposed, same sign. 24 (Commissioner Williams voted against the motion.) 25 8-13-07 42 1 JUDGE TINLEY: That motion does carry. Let's go 2 back to the timed item that we had for 9:30, to request the 3 Court's approval or annual agreement with Kerrville Christmas 4 Lighting Corporation for authorization to decorate the 5 courthouse grounds for this coming holiday season. Let me go 6 ahead and call Item 5 also. Consider, discuss, and take 7 appropriate action on new license agreement with Kerrville 8 Christmas Lighting Corporation and terms and conditions of any 9 such agreement. And I think I'll go ahead and call 7 also, 10 since it's part of the bigger matrix. Item 7, to request the 11 Court's approval for new archway for this year's Christmas 12 lighting event. Archway will be metal frame similar to 13 existing displays and span over the sidewalk in front of the 14 courthouse. Mr. Bond? 15 MR. BOND: Yes. 16 JUDGE TINLEY: Good to have you here today. 17 MR. BOND: Thanks for taking time to see me. I 18 think you guys have copies of the drawings of the archway? 19 You have that in your paperwork? 20 JUDGE TINLEY: Yes. Yes, it's part of the package 21 that was given to every member of the Court. 22 MR. BOND: Okay. 23 JUDGE TINLEY: Mr. Bond, let me ask you. At the 24 outset, I'm given to understand that -- that our maintenance 25 people have raised an issue with you or some of your people 8-13-07 43 1 concerning some electrical infrastructure, primarily up on 2 this part of the -- 3 MR. BOND: Yes, sir. 4 JUDGE TINLEY: -- of the courthouse, dealing with 5 putting in new circuits and safety and fire -- 6 MR. BOND: That's correct. 7 JUDGE TINLEY: -- issues up there, have they not? 8 MR. BOND: Yes, they have. Tim -- we worked with 9 Tim on that. 10 JUDGE TINLEY: I just want to say up front that I 11 see that as absolutely essential -- 12 MR. BOND: I agree. 13 JUDGE TINLEY: -- to -- to going forward with any 14 Christmas lighting of this courthouse. 'Cause I see it as 15 a -- as a safety and fire issue that needs to be addressed. 16 And if it's not addressed, -- 17 MR. BOND: Judge, I can -- 18 JUDGE TINLEY: -- I see a problem. 19 MR. BOND: I can elaborate briefly on that. 20 JUDGE TINLEY: Sure. 21 MR. BOND: What has happened over the years -- and 22 I've only been involved for a couple of years, so I've seen it 23 in the last couple. As the -- as the wires age and they rub 24 on the parapet around the outside of the building, weather, 25 you know, wind, whatnot blow on those, it wears those wires 8-13-07 44 1 out, so we replace them periodically. But also on top of the 2 courthouse, we actually last year had a lot of the community 3 service folks up there helping, and the prisoners helping set 4 that up. And without supervision, they were splicing wires 5 together and -- and in unsafe ways. So, last year especially, 6 when Tim took over that position, he witnessed that, more so 7 than it has been in the past. So, for whatever reason, last 8 year's setup was -- was especially unsafe. It hasn't been so 9 in previous years; it's been done differently. We've looked 10 at a number of different electrical companies to come out and 11 put in conduit around the perimeter. 12 JUDGE TINLEY: New circuits? 13 MR. BOND: And new circuits, so that that will take 14 care of that issue. So, it shouldn't be a problem this year. 15 I'm working with Tim directly on that to make sure that -- 16 that it's done up to his codes and requirements, so that'll be 17 taken care of, agreed. Yeah, we don't want to have a fire; 18 that's certainly not our intention, so we're with you on that. 19 JUDGE TINLEY: Okay, great. Thank you. 20 MR. BOND: As far as the other two items, I don't 21 know if anybody has any questions about the new archway, or -- 22 COMMISSIONER BALDWIN: Well, I do have questions 23 about it, but I -- I can't get past 5 and 6. They seem to be 24 the same thing. 25 JUDGE TINLEY: Really, yeah, they are. 8-13-07 45 1 COMMISSIONER BALDWIN: Okay. So, I'm going to 2 choose 6 with the corrected names and -- and this is basically 3 the same agreement that we've been running? 4 MR. BOND: Every year. 5 COMMISSIONER BALDWIN: We just change the name of 6 the personnel. 7 MR. BOND: Right. 8 COMMISSIONER BALDWIN: Et cetera. Well, I move for 9 approval, Judge, unless you want to do that. Did you -- would 10 you like to make the motion? 11 JUDGE TINLEY: No. 12 COMMISSIONER BALDWIN: Okay. 13 JUDGE TINLEY: Are you going to -- are you going to 14 ask for an end date on that for -- I think in -- 15 COMMISSIONER BALDWIN: Okay, you go ahead with your 16 questions. 17 JUDGE TINLEY: On the -- on the previous one, we had 18 an end date of sometime in January, as I recall -- January 14, 19 which I think got dropped in the word processor. 20 MR. BOND: Oh, did it? Okay. 21 JUDGE TINLEY: Yeah. We've got a beginning date, 22 but we don't have an end date. And I'm not sure, from a 23 calendar standpoint -- I'm sure you want to -- 24 MR. BOND: That was a typographical error. I 25 apologize. 8-13-07 46 1 JUDGE TINLEY: -- you want to do it on probably the 2 second or third weekend in January. 3 MR. BOND: Yes. 4 JUDGE TINLEY: Or ending on the Sunday, whatever 5 date that is. 6 MR. BOND: I don't have a calendar in front of me 7 either, but that would be fine. We'll be taking them down the 8 week after the 1st, following the -- the New Year's holiday. 9 So, it will be the next weekend that we do take down. We 10 usually finish that in one weekend. 11 COMMISSIONER BALDWIN: So, it would be the 7th or 12 8th or something? 13 MR. BOND: 7th or 8th would be fine. 14 COMMISSIONER WILLIAMS: Did you move it? 15 COMMISSIONER BALDWIN: Well, not really. 16 JUDGE TINLEY: Kinda, sorta? 17 COMMISSIONER BALDWIN: Sorta. 18 MR. BOND: If y'all would like to put a date on 19 there, and then -- 20 COMMISSIONER WILLIAMS: What was the old date? 21 14th, wasn't it? 22 JUDGE TINLEY: 14th, yeah. 23 COMMISSIONER BALDWIN: Do we need a date, or can we 24 say the -- by the following Sunday after the 1st? 25 COMMISSIONER WILLIAMS: It's kind of a drop-dead 8-13-07 47 1 date, to get it down by that certain drop-dead date. 2 MR. BOND: Why don't you give us until that 3 following week, the 14th, just in case we need an extra 4 weekend to get it finished? 5 JUDGE TINLEY: Yeah, by the end of the second 6 weekend. 7 MR. BOND: Yeah, that's -- 8 COMMISSIONER LETZ: End of the second Sunday. 9 MR. BOND: The second Sunday after the 1st. 10 COMMISSIONER BALDWIN: See, I think that language is 11 good enough. 12 COMMISSIONER LETZ: That way we can leave it on; we 13 could change both of the dates every year. We can go to -- 14 MR. BOND: Jody said the 13th is a Sunday. 15 JUDGE TINLEY: Okay. 16 COMMISSIONER BALDWIN: I agree. If you just say at 17 the end of the second week after the 1st, then you don't have 18 to worry about what the date -- actual date is. 19 COMMISSIONER LETZ: Second Sunday in January, and 20 you start -- and it goes up the fourth Sunday of October. 21 MR. BOND: Right. 22 COMMISSIONER LETZ: Or fourth Saturday. 23 MR. BOND: The only caveat I would say is if we have 24 two weekends of terrible weather or something like that, that 25 could possibly put us out, but other than that -- 8-13-07 48 1 COMMISSIONER BALDWIN: Don't stretch it. Don't 2 push. What -- now, who's going to -- who's going to prepare 3 this with the new language? 4 MR. BOND: I'll be happy to do that, if you want me 5 to submit it back. And then do I need to come back again? 6 COMMISSIONER BALDWIN: We're going to approve it 7 today; then you're going to bring back the real thing, and 8 then the Judge signs it at that time. Huh? Yeah. 9 MR. BOND: I don't have to come back to court to do 10 that? Just bring it? I'll do that. 11 COMMISSIONER BALDWIN: I move for approval. 12 COMMISSIONER WILLIAMS: Second. 13 JUDGE TINLEY: Motion made and seconded for approval 14 of the agenda items as indicated. All in favor, signify by 15 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. Looks like 20 the archway is a separate issue here now. 21 MR. BOND: Yes. That's a new display that we're 22 looking to do this year. 23 COMMISSIONER WILLIAMS: I have a couple questions. 24 MR. BOND: Yes, sir? 25 COMMISSIONER WILLIAMS: Main Street side or Sidney 8-13-07 49 1 Baker side? Or is it lighted, and if so, where's the 2 electrical come from? 3 MR. BOND: The electrical is already existing, and 4 yes, it will be lighted. In the -- in one of the drawings, 5 you'll see kind of a front view of it, with the sponsorship 6 signs on either side. We will have small spotlights shining 7 up on those to illuminate those, and it will be facing out the 8 front, the main -- out towards the hospital on the front 9 sidewalk. I consider that the front, I guess. And it will be 10 just inside those two trees on this side of the parking lot. 11 COMMISSIONER LETZ: I mean, I have no problem with 12 the archway at all; I just have a -- a general comment. It 13 seems in recent years -- I don't know -- I don't want to come 14 across as dated, but a little more of a lack of coordinated 15 design. It seems like there was just, like -- you know, we 16 had snowmen over here and reindeer here, and things that 17 weren't working over here. And, you know, it just seems to me 18 it -- you know, it would be -- I'd like to see kind of -- sort 19 of a theme -- not necessarily a theme, but I don't know, kind 20 of a direction of where it's going with Christmas lighting. I 21 mean, y'all have done a great job, and it's certainly getting 22 colorful, but it's -- hodgepodge is what comes to mind. And I 23 think we can -- it's more the direction I think you're going. 24 If you just take this back to your group and try to get more 25 of a direction, I think it would be beneficial. 8-13-07 50 1 MR. BOND: Well, the good news is we've got some new 2 blood coming into the group. As you know, this has been a 3 tradition that's been going on for a number of years. 4 COMMISSIONER LETZ: Right. 5 MR. BOND: Probably 10 or 12 years now, I think. 6 And we've had to kind of work through the difficulty of 7 getting new ideas in there. So -- so that's where we're 8 headed. I agree, and I think that's something that we're 9 trying to do. We're trying to recruit some new younger backs 10 to do these things. It's a pretty good amount of work, as you 11 know. 12 COMMISSIONER LETZ: And it just seems that it's a -- 13 where y'all are trying to end up will be nice -- you know, 14 just a plan. 15 MR. BOND: Well, the displays themselves are -- are 16 very -- they age, of course, every year, and they weather. 17 The other challenge, of course, is they're very expensive to 18 purchase. So, as we -- as we move into new ideas -- like, the 19 archway is one step in that direction, kind of like a gateway 20 that lets -- you know, it's an entrance into the lighted area. 21 You know, we're going to try to move towards newer, better, 22 more cohesive designs as we go forward. 23 COMMISSIONER LETZ: I just think -- I mean, I think 24 it's -- I don't want to try to mimic Johnson City, 25 necessarily, but I think that they're -- they've stuck with a 8-13-07 51 1 theme there, and I think it works for them. I think we 2 have -- 3 MR. BOND: One of the challenges that we face here, 4 too, is that this is all a volunteer-type deal. In Johnson 5 City, they've got their electrical company doing all that work 6 for them, so it's a different scenario. I wish we had the 7 same -- 8 COMMISSIONER LETZ: Right. 9 MR. BOND: -- resources that they have there too. 10 But we don't, so we're -- 11 COMMISSIONER BALDWIN: Mr. Bond? 12 MR. BOND: Yes? 13 COMMISSIONER BALDWIN: I'm not as nice as Mr. Letz. 14 I -- I have a problem personally with a permanent -- what do 15 we call it? -- archway out there in front of the courthouse. 16 To me, it's -- I mean, I love Christmas, and I think it's a 17 wonderful thing. 18 MR. BOND: The archway would not be permanent. 19 COMMISSIONER BALDWIN: Well, I see -- I see concrete 20 footing, and I see -- 21 MR. BOND: Just the anchor points on either side of 22 the sidewalk. When we take it down every year, we'll take the 23 archway down. The anchor points will be there just so we have 24 a place to anchor it on an annual basis. 25 COMMISSIONER BALDWIN: You took my argument away on 8-13-07 52 1 that. I tell you what I really dislike more than anything is 2 -- is the sponsorships. Our courthouse is not for sale. 3 MR. BOND: I understand. 4 COMMISSIONER BALDWIN: I really dislike that a lot. 5 MR. BOND: Well -- 6 COMMISSIONER BALDWIN: And I will vote against this 7 because of that issue. But -- 8 MR. BOND: Let me -- 9 COMMISSIONER BALDWIN: -- it's pretty. It's a 10 pretty thing. 11 MR. BOND: Let me clarify, just if I can. Every 12 year up till now, we've had sponsorship signs in front of 13 displays anchored in the ground. 14 COMMISSIONER BALDWIN: Yeah. I didn't like them, 15 either. 16 MR. BOND: Well, those are what help fund the -- the 17 annual lighting. We -- you know, we obviously have to raise 18 funds to do that, and they -- people sponsor those displays in 19 order to give us funds to do the upgrades and electrical work 20 that Judge Tinley asked about a minute ago. So, being 21 self-funded, we have to raise funds in some way or another, 22 and this is the way that -- this is much more downscale; it's 23 not so sloppy. There's not signs everywhere all over the 24 courthouse yard; it's just in this one place. We wouldn't 25 have those other small signs. This is going to replace that, 8-13-07 53 1 and this is just sponsorship of the lighting ceremony itself. 2 Every year we have Wells Fargo come out and put on the 3 program, and this -- they underwrite the entire lighting 4 event, so they're the keynote sponsor for the entire deal. 5 So, I understand what you're saying. The courthouse isn't for 6 sale. This is certainly not intended to -- to insinuate that 7 at all. 8 COMMISSIONER BALDWIN: Well, and in some people's 9 minds, some people look at it that way, though, is my point. 10 And this is the -- all of the people's building here; it's not 11 just... 12 MR. BOND: Sure, I agree. 13 COMMISSIONER BALDWIN: Even those folks that don't 14 like Christmas, and there are some. 15 MR. BOND: I understand. 16 COMMISSIONER BALDWIN: Do you know what I'm saying? 17 COMMISSIONER WILLIAMS: There are two out there 18 right now. 19 COMMISSIONER BALDWIN: Yeah, both of them don't like 20 this. 21 MR. BOND: Well, you know, I don't -- I don't have a 22 response to that, other than I don't know how else we're going 23 to continue to do what we do, other than just -- we have to 24 have a funding source somewhere. 25 COMMISSIONER BALDWIN: Did you notice the -- our new 8-13-07 54 1 gazebo has arrived in its package out there? 2 MR. BOND: I did see that, yes. 3 COMMISSIONER BALDWIN: And it will be up very soon, 4 and it's going to be nice. It's going to be lighted on the 5 inside with ceiling fans, and that would be cute with some -- 6 don't put a bunch of reindeer all over it and that kind of 7 thing, but some pretty lights. 8 MR. BOND: I can't claim responsibility for all of 9 the other -- 10 COMMISSIONER BALDWIN: Some white lights. Some 11 tasteful, classy looking lights. 12 MR. BOND: We will decorate the gazebo. I've 13 already spoken with Tim. 14 COMMISSIONER WILLIAMS: Good place for Mr. Santa 15 Claus to sit, too. 16 COMMISSIONER BALDWIN: Be a good place for Santa 17 Claus to sit. 18 MR. BOND: Going to be a great addition out there, 19 so I agree. 20 JUDGE TINLEY: Mr. Emerson, do you see some 21 potential liability issues with this archway out there and 22 people playing Tarzan off of it and things of that nature? 23 MR. EMERSON: Could be, Judge, especially being 24 right on the walkway. 25 JUDGE TINLEY: Okay. 8-13-07 55 1 MR. BOND: Well, we've got it 7 feet high at the 2 lowest point. At the top, it's actually 9 feet high. Is 3 there any heighth requirement that you could put on it so that 4 it won't be a potential hazard? 5 COMMISSIONER LETZ: I mean, I wouldn't have thought 6 of that -- that issue. I mean, as long -- I'm assuming 7 it's -- I saw concrete footings; it's secure. People can play 8 Tarzan, swing off the gazebo we're putting up, too, and fall. 9 So, I mean, I -- and jump off the cannon and break a leg. I 10 mean, you know, as long as it's done in a -- you know, a safe 11 structure, designed by, you know, someone who manufactures it; 12 it's not, you know, just thrown together, I think that -- 13 MR. BOND: No, it's going to be welded steel, so 14 it'll be sturdy. And that's the reason for the concrete 15 footings at the bottom, is that exact -- we were very 16 concerned with safety, making sure that it's not going to fall 17 over and blow in the wind or anything dangerous. 18 COMMISSIONER WILLIAMS: The span of the sidewalk is 19 how wide? 20 MR. BOND: It's actually 8 feet across. 21 COMMISSIONER WILLIAMS: Eight? 22 MR. BOND: Eight. 23 COMMISSIONER WILLIAMS: Goes a foot beyond on each 24 footing? 25 MR. BOND: Yes, the footing itself is a foot. There 8-13-07 56 1 will be four steel bars. It's three-dimensional. If you look 2 at the other drawing there, you can kind of see the 3 three-dimensional. I've got a company in Center Point that's 4 agreed to build it for us. It will be powder-coated with 5 white paint, just like all the other displays are. And, 6 truthfully, you know, if safety is an issue, then every 7 display that's out there on the ground is -- are safety 8 issues. So, with that in mind, I think this is far -- far 9 more safe than some of the other things that we already have 10 on the grounds. 11 JUDGE TINLEY: You had some more comments? 12 MR. EMERSON: Yes, sir. I was just going to say, 13 all the safety issues related to all the displays could be 14 resolved with an indemnity clause on the contract, Judge. 15 MR. BOND: Okay. 16 COMMISSIONER LETZ: That would be good. 17 COMMISSIONER WILLIAMS: Move approval. 18 COMMISSIONER LETZ: Is that -- well, I like -- I'll 19 second, with an amendment. 20 COMMISSIONER WILLIAMS: Sure. 21 COMMISSIONER LETZ: The amendment is that we add the 22 indemnity clause to the agreement. 23 COMMISSIONER WILLIAMS: I accept that. 24 JUDGE TINLEY: Motion made and seconded as 25 indicated. Any further question or discussion on this 8-13-07 57 1 particular motion? 2 COMMISSIONER BALDWIN: Who's writing that clause in? 3 MR. BOND: I'll put one in, and then you guys make 4 sure you approve it. 5 COMMISSIONER WILLIAMS: Make sure the County 6 Attorney likes it. 7 MR. BOND: I'll go through you, then. Good enough. 8 COMMISSIONER BALDWIN: That'll work. 9 JUDGE TINLEY: Any further question or discussion on 10 that motion? 11 COMMISSIONER BALDWIN: This thing comes down with 12 the lights two weeks after Christmas? 13 MR. BOND: Yes. It goes up with them and comes down 14 with them. 15 COMMISSIONER BALDWIN: All right. 16 JUDGE TINLEY: All in favor of the motion, signify 17 by raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: The motion is approved. Okay, I will 22 now recess the Commissioners Court meeting, and I will convene 23 a public hearing concerning the revision of Lot 1 in The 24 Homestead at Turtle Creek, as set forth in Volume 6, Page 309 25 of the Plat Records, and located in Precinct 2. 8-13-07 58 1 (The regular Commissioners Court meeting was closed at 10:05 a.m., and a public hearing was held in open 2 court, as follows:) 3 P U B L I C H E A R I N G 4 JUDGE TINLEY: Does any member of the public wish to 5 be heard concerning the revision of Lot 1 in The Homestead at 6 Turtle Creek, as set forth in Volume 6, Page 309 of the Plat 7 Records? 8 (No response.) 9 JUDGE TINLEY: Seeing no one coming forward or 10 otherwise seeking recognition to be heard, I will close the 11 public hearing concerning the revision of Lot 1 at The 12 Homestead at Turtle Creek, as set forth in Volume 6, Page 309, 13 Plat Records, and located in Precinct 2. 14 (The public hearing was concluded at 10:05 a.m., and the regular Commissioners Court meeting was 15 reopened.) 16 - - - - - - - - - - 17 JUDGE TINLEY: And it being 10:05, I will now call a 18 public hearing for the revision of plat for Lots 50 and 51 of 19 Highlands Ranch, as set forth in Volume 5, Page 233 of the 20 Plat Records, and located in Precinct 1. 21 (The regular Commissioners Court meeting was closed at 10:05 a.m., and a public hearing was held in open 22 court, as follows:) 23 P U B L I C H E A R I N G 24 JUDGE TINLEY: Is there any member of the public 25 that wishes to be heard concerning the revision of plat for 8-13-07 59 1 Lots 50 and 51 of Highlands Ranch, as set forth in Volume 5, 2 Page 233 of the Plat Records? 3 (No response.) 4 JUDGE TINLEY: Seeing no one coming forward to be 5 heard or otherwise seeking recognition for that purpose, the 6 Court will close the public hearing concerning the revision of 7 plat for Lots 50 and 51 of Highlands Ranch, as set forth in 8 Volume 5, Page 233 of the Plat Records. 9 (The public hearing was concluded at 10:06 a.m., and the regular Commissioners Court meeting was 10 reopened.) 11 - - - - - - - - - - 12 JUDGE TINLEY: And I will reconvene the 13 Commissioners Court meeting, and we will take up Item 9. 14 MR. ODOM: Yes, sir. 15 JUDGE TINLEY: Item 9 being consider, discuss, and 16 take appropriate action for the concept of the Northfork Ranch 17 Subdivision located in Precinct 4. 18 MR. ODOM: Yes, sir. In your packet, you have a 19 letter from Sam Poorman explaining what the concept is. "We 20 respectfully submit a concept plan for eight lots to be known 21 as Northfork Ranch Subdivision. In compliance with the Kerr 22 County Subdivision regulations, we are planning to build a 23 'paved country lane,' which is designed to serve eight or less 24 lots. All of these lots will be restricted against further 25 subdivision. As shown on the concept plan, there is an 8-13-07 60 1 additional parcel of 20 acres that fronts on State Highway 2 1340 that Section 1.03.C exempts from platting requirements. 3 We would like the Court's permission to include this parcel in 4 the Northfork Ranch Subdivision without being required to 5 increase the road specifications to a 'local road,' which is 6 designed to serve 9 to 60 lots. This lot will also be 7 restricted against further subdivision if included in the 8 subdivision. We appreciate your consideration and look 9 forward to working with the Commissioners Court." 10 As you see on the concept, straight back is to be a 11 County-maintained road. Our rules say if it's nine -- or 12 above eight, that you go to local road, so a legitimate 13 argument might be, since it cannot be subdivided, is to have 14 this one lot enjoined into these eight instead of having 15 someone outside the subdivision. That way they all have -- 16 you don't have the -- I don't believe, the ability to restrict 17 this one lot. Putting it into the subdivision, they'd be 18 restricted by the restrictions and covenants. Makes sense, 19 but then again, it's a variance from our rules, and I told him 20 to come to y'all to discuss it. Otherwise, they legally could 21 do 1.03.C and sell that 10 acres or more right off 1340. 22 COMMISSIONER LETZ: I think the -- I'd be in favor 23 in this case of doing a variance, and the reason is that -- 24 from the standpoint I would rather have access off of the 25 small road than to put another entrance onto Highway 1340. 8-13-07 61 1 MR. ODOM: And that would be something they would 2 have to go to the state anyway, and I told them that, to get 3 permission to go into 1340. 4 COMMISSIONER LETZ: But I'd give them a -- to give 5 them a variance, they've got to come off the new road. 6 MR. ODOM: Got to come off the new road. 7 COMMISSIONER LETZ: They can't use 1340. I don't 8 know that -- you know, otherwise, I mean, to me, I think 9 that's the reason to do it. I think they need to use that; I 10 think it's the logical way to do it, and I assume the terrain 11 allows for that. 12 COMMISSIONER WILLIAMS: What does that do to the 13 construction -- the type of construction of the road? 14 COMMISSIONER OEHLER: Just narrows it by 2 feet, 15 basically. 16 COMMISSIONER LETZ: Yeah, just a little bit narrower 17 road. 18 COMMISSIONER OEHLER: You're not going to have that 19 many people traveling it, 'cause you don't have that many 20 lots. And -- and I don't see it's a problem at all. I have 21 no problem. 22 COMMISSIONER WILLIAMS: Be a country lane? 23 COMMISSIONER OEHLER: Be a country lane. 24 COMMISSIONER LETZ: Paved country lane. And they 25 could -- 8-13-07 62 1 COMMISSIONER OEHLER: But the only problem I do have 2 is just from our previous discussion with the subdivision 3 name. There's another subdivision up on North Fork, on North 4 Fork -- North Fork River Bend Ranch. 5 MR. ODOM: We have already -- 6 COMMISSIONER BALDWIN: Oh my god. 7 COMMISSIONER OEHLER: Might want to name it 8 something else. 9 COMMISSIONER BALDWIN: Get the handcuffs. We can't 10 do this. 11 MR. POORMAN: I talked to the County Clerk and Truby 12 checked -- double-checked. And, I mean, if that is a problem 13 with the Commissioners, I don't want to go through what y'all 14 went through earlier. I mean, if it's a big problem with 15 y'all and you think we're too close to any other names, we 16 really don't have a problem changing it. 17 COMMISSIONER OEHLER: I think you ought to change 18 it, from my perspective, just so it wouldn't -- something like 19 we just went through won't happen. And there is -- because 20 there is one that's similar, of course. It's North Fork River 21 Bend. But, you know, you get into the same thing you -- 22 people running into law enforcement agencies and emergency 23 services agencies, and they may not be able to distinguish. 24 If they don't get, you know, a printout of the GPS and all 25 that stuff, they might not be able to -- they might go to the 8-13-07 63 1 wrong one. We don't want that to happen. A lot of it's a 2 health and safety issue, but, you know, that's about all I 3 could say about it, I guess. It's pretty simple. 4 MR. POORMAN: I don't think that we'll have a 5 problem changing the name. I mean, we kind of went over this 6 with Truby. 7 COMMISSIONER OEHLER: You can call it Sam Poorman 8 Subdivision or something like that. 9 MR. POORMAN: I could put your name on it, 10 Commissioner Oehler. 11 COMMISSIONER OEHLER: I already have a road with my 12 name. 13 MR. POORMAN: And getting back to the entrance off 14 of 1340, we have applied for a permit for that road, entrance 15 there for our driveway permit. And that was one thing that -- 16 that they were worried about; that they would not like to see 17 any entrances coming onto 1340. They would like that access. 18 I said, "Well, we need to see what the Commissioners say 19 first." If we -- it would be better, I think, for everyone if 20 they do come off of this road we're going to build in there. 21 COMMISSIONER LETZ: I'd be in favor of doing a 22 variance to keep it in and not have the access -- or the 23 entrance on 1340. 24 MR. ODOM: So, we could say basically in your 25 restrictions and covenants, Sam, say Tract 9 and Tract 1 8-13-07 64 1 cannot have entrance off State Highway 1340. 2 MR. POORMAN: Right. And I don't think that's going 3 to be a problem. 4 MR. ODOM: And that wouldn't affect -- 5 MR. POORMAN: I think that's what's the State's 6 going to want us to do also. 7 COMMISSIONER BALDWIN: Sure. 8 COMMISSIONER LETZ: Okay. 9 MR. ODOM: Makes sense. 10 COMMISSIONER LETZ: Since there's a -- 11 COMMISSIONER OEHLER: Do we need to grant a variance 12 at this point? 13 COMMISSIONER LETZ: I think we need to put that -- 14 since it's a variance that we're approving it, also say that 15 we're approving the variance under this concept. I'll make a 16 motion to that effect. 17 COMMISSIONER OEHLER: I'll second. 18 JUDGE TINLEY: And what about the name? 19 COMMISSIONER LETZ: The name needs to be changed 20 if -- I mean, no reason to encourage confusion when we do 21 catch them. 22 COMMISSIONER OEHLER: Accept the change. 23 COMMISSIONER BALDWIN: Just -- 24 JUDGE TINLEY: Any question or discussion? 25 COMMISSIONER BALDWIN: Yeah. Just for fun, where's 8-13-07 65 1 the other North Fork subdivision? 2 MR. POORMAN: The one that we're doing? 3 COMMISSIONER BALDWIN: No, the other one. 4 MR. POORMAN: I think that one is about -- 5 COMMISSIONER OEHLER: River Bend Ranch, right there 6 by Lone Star Crossing. 7 COMMISSIONER BALDWIN: Okay, I know where that is. 8 Where's yours? 9 MR. POORMAN: Ours is about 3 and a half miles 10 before you get to -- 11 MR. ODOM: Leinweber. 12 MR. POORMAN: -- 41, on 1340. 13 COMMISSIONER BALDWIN: Oh. Oh, I saw the name Klein 14 on here. 15 COMMISSIONER OEHLER: Past the Kerr Wildlife up 16 there on -- 17 COMMISSIONER BALDWIN: Yeah. Wow. Okay. 18 JUDGE TINLEY: Any other questions or discussions on 19 that motion? All in favor of that motion, signify by raising 20 your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: That motion does carry. Let's go to 25 Item 10; consider, discuss, and take appropriate action to 8-13-07 66 1 name a private road in accordance with 911 guidelines. 2 MR. ODOM: Yes, sir. We're having a name change 3 requested. 911's looked at it. There was no name on this 4 existing. This is up off Sheppard Rees. It is going back 5 between those apartments that are up there. And the name -- 6 requested name is Blessed Lane South. 7 COMMISSIONER BALDWIN: Blessed Lane South. I move 8 for approval. 9 COMMISSIONER OEHLER: Second. 10 JUDGE TINLEY: Motion made and seconded. 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: That motion does carry. We'll move 17 to Item 12; consider, discuss, and take appropriate action 18 concerning the revision of plat for Lot 1 at The Homestead at 19 Turtle Creek, as set forth in Volume 6, Page 309, Plat 20 Records. 21 MR. ODOM: Yes, sir. This is a revision of plat 22 being done under the alternate plat process. It does not 23 create an additional lot, but adds to the greenbelt at the 24 entrance of the subdivision. Therefore, I recommend approval 25 as presented. 8-13-07 67 1 COMMISSIONER WILLIAMS: Move approval of revision of 2 plat for Lot 1, Homestead of Turtle Creek, as presented. 3 COMMISSIONER OEHLER: Second. 4 JUDGE TINLEY: Motion made and seconded for 5 approval. Any question or discussion? All in favor of the 6 motion, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: That motion does carry. We'll move 11 to Item 14; consider, discuss, and take appropriate action for 12 revision of plat for Lots 50 and 51 of Highlands Ranch, as set 13 forth in Volume 5, Page 233, Plat Records. 14 MR. ODOM: Yes, sir. This is also an alternate plat 15 process. The landowners are moving a property line, and no 16 new lots will be created. Therefore, I recommend the Court 17 approve this plat as presented. 18 COMMISSIONER BALDWIN: So moved. 19 COMMISSIONER LETZ: Second. 20 JUDGE TINLEY: Motion made and seconded. Any 21 question or discussion on the motion? All in favor of the 22 motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 8-13-07 68 1 JUDGE TINLEY: That motion does carry. We will move 2 to Item 15; consider, discuss, and take appropriate action on 3 the renovation plan for the pole barn at the Hill Country 4 Youth Exhibit Center. Commissioner Letz? 5 COMMISSIONER LETZ: I think we'll probably pass on 6 this, 'cause I don't see the person that was going to bring 7 the plan here, being Roy Walston. Maybe he forgot that I told 8 him he were doing this. I did not visit with him again. So, 9 anyway, we'll put this on our next agenda. This isn't 10 critical; I just wanted to get an update to the Court as to 11 where he was on his efforts. 12 JUDGE TINLEY: Okay. Let's move to Item 16; 13 consider, discuss, and take appropriate action regarding 14 renewal with Texas Association of Counties for insurance 15 coverage as to auto physical damage, auto liability, general 16 liability, crime, law enforcement liability, property physical 17 damage, and public officials' liability. I put this on the 18 agenda in consultation with the Auditor. Essentially, this 19 includes all of our coverage, with the exception of our health 20 benefits package. I would remind the members of the Court 21 that we have a -- almost a $53,000 credit coming on our 22 liability or a portion of our liability coverage. If we go 23 with other underwriters or group carriers, however, we won't 24 be able to get the benefit of that credit, so I think it 25 behooves us to strongly consider Texas Association of 8-13-07 69 1 Counties. 2 COMMISSIONER LETZ: I'll make a motion that we renew 3 our policy with Texas Association of Counties for auto 4 physical damage, auto liability, general liability, crime, law 5 enforcement liability, property physical damage, and public 6 officials' liability. 7 COMMISSIONER OEHLER: Second. 8 JUDGE TINLEY: Motion made and seconded for approval 9 of the agenda item as indicated. Any further question or 10 discussion on the motion? 11 COMMISSIONER LETZ: Just a comment/question, that I 12 would ask the former Auditor to turn this over to the H.R. 13 Department for handling in the future. I think -- I don't -- 14 I mean, this was done -- it doesn't make sense, to me, this 15 being an Auditor function. This should be an H.R. function. 16 Unless -- I see both sides looking at me like I'm crazy. 17 But -- 18 COMMISSIONER WILLIAMS: Mm-hmm. 19 COMMISSIONER LETZ: But it seems to me that this is 20 a -- it should go to the H.R. Department. 21 MS. HARGIS: We can do it jointly. The problem is, 22 we keep up with fixed assets, and we're in -- there's a lot of 23 paperwork involved in that which we fill out. 24 COMMISSIONER LETZ: So, this needs to stay with -- 25 MS. HYDE: We keep up with the worker's comp and 8-13-07 70 1 injuries and things like that, so -- 2 MS. HARGIS: We can work together. 3 MS. HYDE: -- I think we just need to work together. 4 COMMISSIONER LETZ: Okay. 5 MS. HYDE: If that's okay. 6 MR. TOMLINSON: The Auditor -- the Court authorized 7 the Auditor to be the liaison with -- with Texas Association 8 of Counties, and it's always been the responsibility of that 9 office to -- to report any claims or any correspondence with 10 them for -- for property and liability claims. And we have -- 11 we have a schedule of all the mobile equipment, all the -- the 12 vehicles, and all of our computer equipment with them for 13 coverage. So, it's a very -- it's a week's process of trying 14 to renew this coverage. 15 COMMISSIONER LETZ: So, it makes sense to leave it 16 kind of where -- or y'all work together. Okay, that's fine. 17 JUDGE TINLEY: Yeah. There's some interplay that 18 comes in with -- from the H.R. standpoint, when they're 19 dealing with driving records of employees, for example, that 20 are operating equipment and things that involve personnel 21 issues, so there necessarily, I think, needs to be 22 collaboration. 23 COMMISSIONER WILLIAMS: Disability and workmen's 24 comp, those type issues. 25 MS. HYDE: They're just -- if you just leave the 8-13-07 71 1 Auditor as the mouthpiece and the go-getter and all of that, 2 I'll -- I'll just work with her. 3 COMMISSIONER LETZ: Okay. 4 JUDGE TINLEY: Any other questions or comments on 5 the motion? All in favor of the motion, signify by raising 6 your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: That motion does carry. 11 (Discussion off the record.) 12 JUDGE TINLEY: Item 17; consider, discuss, and take 13 appropriate action to adopt a policy in which entities funded 14 by Kerr County should give a COLA not greater than the rate 15 given by County or other published rates. Commissioner Letz? 16 COMMISSIONER LETZ: This came out of our workshop. 17 And then Jody called me, and there was some confusion as to 18 what the agenda item was, so I restyled it this way. And 19 then, after reading through the agenda over the weekend, I 20 think we ought to probably pass on this, and I'll prepare a 21 resolution that we can then adopt, and present it at the next 22 meeting. 23 COMMISSIONER BALDWIN: Let me ask you a question, 24 though, on this one. A COLA not greater than the rate given 25 by Kerr County, or other published rates? 8-13-07 72 1 COMMISSIONER LETZ: And I put that on there for the 2 agenda standpoint as -- that's a good -- glad you brought that 3 up. You know, a lot of these entities that I'm talking about 4 -- mainly the Appraisal District is the one that's in my mind. 5 COMMISSIONER BALDWIN: That's who we're after. 6 COMMISSIONER LETZ: Right. They're funded by 7 K.I.S.D., Ingram schools; you know, multiple entities fund 8 that. And I don't want to be a little bit -- okay, say no 9 one -- they can't give anything -- I mean, you know, it has to 10 be exactly what the County gives. I mean, I think it needs to 11 be in the range of what all of the entities give. I mean -- 12 COMMISSIONER BALDWIN: So, when you say "other 13 published rates," you're talking about the local government 14 entities? You're not talking about some -- 15 COMMISSIONER LETZ: Either that, or we could -- 16 COMMISSIONER BALDWIN: -- New York-something? 17 COMMISSIONER LETZ: Or we could say some New York -- 18 or Bill always comes up with some numbers, and the Judge comes 19 up with numbers. 20 COMMISSIONER WILLIAMS: How about that which is 21 published by the U.S. Department of Labor, Bureau of 22 Statistics for the Consumer Price Index for -- what is it, the 23 Southern Urban Area which we're in? That's where we get our 24 number, basically, when we're looking at COLA. 25 COMMISSIONER BALDWIN: And so you're saying that 8-13-07 73 1 some entities -- government entities, quasi or not, exceed 2 that index occasionally? 3 COMMISSIONER WILLIAMS: Yes, sir, I believe they do. 4 COMMISSIONER LETZ: Which I guess my -- 5 COMMISSIONER WILLIAMS: Right now, for example. 6 COMMISSIONER LETZ: I don't know that -- I mean, I 7 think -- I think it's real important that these entities get a 8 control on some of this stuff. I mean, I think it's just not 9 right. But I think that the -- you know, if one year we give 10 a 2.8 percent and -- and the City gives a 3 percent, or 2.6, 11 whatever, you know, I don't think that -- I'm not going to say 12 I'm going to vote against the Appraisal District budget just 13 because they're not exactly what the County does, but I think 14 they need to look at what the entities that support them -- 15 they should follow that. Maybe we should put an average of -- 16 you know, not exceed the County's, or average of the entities 17 that support that budget. 18 JUDGE TINLEY: You're going to bring a resolution to 19 us. By way of information, at the Court's suggestion from the 20 last meeting, I have prepared a letter to the Appraisal 21 District which asks them to modify their -- their budget 22 proposal and to adopt an appropriate COLA. I don't think I 23 further defined it after that, but that will probably go out 24 in the next day or so. They don't even meet to take a look at 25 their budget until August the 23rd, I think it is, and then 8-13-07 74 1 it'll come back to us. 2 COMMISSIONER LETZ: Well, all I can do -- we can get 3 a resolution together. I may even send the resolution that we 4 adopt to the other entities in the county; ask them to do a 5 similar resolution, you know. 6 JUDGE TINLEY: I'm going to be a little bit out 7 ahead of that also. I'm sending a copy of this letter to all 8 of those funding jurisdictions, with a few minor exceptions. 9 COMMISSIONER LETZ: That's fine. 10 COMMISSIONER OEHLER: Just doesn't seem fair that 11 the Appraisal District would put maybe even in excess of 12 double what we are probably able to do for our employees. 13 JUDGE TINLEY: Mm-hmm. 14 COMMISSIONER LETZ: And they do it consistently. 15 COMMISSIONER OEHLER: Way more than what the school 16 district's able to pay their employees and teachers and all. 17 I think it's time for them to step back and take a look at 18 what they're doing, and it's not fair to the rest of the 19 entities. 20 COMMISSIONER WILLIAMS: I agree. 21 JUDGE TINLEY: Any more on that item? Let's move to 22 18; consider, discuss, and take appropriate action on 23 implementation of the burn ban. I think it's that time of 24 year again that we roll that thing over. 25 COMMISSIONER LETZ: I move approval. 8-13-07 75 1 COMMISSIONER BALDWIN: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval. Any question or discussion? 4 COMMISSIONER BALDWIN: Let Commissioner Letz explain 5 what we're doing in case the press is going to pick up on 6 this. We're not putting the burn ban on. 7 COMMISSIONER LETZ: We have adopted a -- I guess a 8 policy for some time in the county that we keep a burn ban in 9 effect year-round. Every 90 days, we put it back in, and then 10 it's up to each Commissioner for their precinct to lift it or 11 impose it, based on the conditions in their precinct. And I 12 think, based on our earlier discussion, Commissioner Oehler is 13 putting the burn ban on in his precinct, but the other three 14 precincts will not have a burn ban at the present time. 15 JUDGE TINLEY: That is posted on our county website, 16 however. 17 COMMISSIONER LETZ: Yes. 18 JUDGE TINLEY: Okay. And we've also got, I believe, 19 a hotline that answers those questions. Any other question or 20 discussion on the motion? All in favor of the motion, signify 21 by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: The motion does carry. We'll move to 8-13-07 76 1 Item 19; consider, discuss, and take appropriate action 2 regarding allowing free of cost use of Youth Exhibit Center 3 chairs and tables to The Ranch radio station for their fourth 4 annual Camo Claus party on December 13th, 2007. I put this on 5 the agenda at the request of The Ranch Radio. As you know, 6 they have sponsored it for the previous three years for 7 military families, primarily, a Camo Claus celebration party, 8 as it were, for -- for families and children, and there are 9 gifts given to the children and so forth. And they have asked 10 that they be allowed to use our tables and chairs that we have 11 at the Youth Exhibit Center. It's as specified in the backup 12 materials. 13 COMMISSIONER LETZ: This is at Kerrville Aviation? 14 JUDGE TINLEY: Yes -- yeah, it's held at Kerrville 15 Aviation in one of their hangars out there. They allow the 16 use of it out there. 17 COMMISSIONER LETZ: This is one of those really 18 tough ones, in my mind. I think it's a great cause, but I 19 just have a -- you know, we've got to get to a point at some 20 point that we quit allowing free use of county equipment and 21 property. But I can certainly -- you know, this is one that's 22 as worthwhile as any that I can think of. 23 COMMISSIONER BALDWIN: If you look at it, the 24 company that's doing it, Ranch Radio, is a for-profit group. 25 But the -- I'm assuming that the party is -- to do what? 8-13-07 77 1 Veterans, or what? 2 JUDGE TINLEY: For members of the military and their 3 families. 4 COMMISSIONER BALDWIN: Active members? 5 JUDGE TINLEY: You've got active and reserve 6 components both that are involved. The -- you've got the 7 people out of San Antonio, the recruiting command that are 8 active in it, and they also have other sponsors who help 9 them -- I think Cecil Atkission, for one, has been an active 10 sponsor, I think since year one. They fund a lot. They 11 provide gifts to the children of the soldiers, members of the 12 family. 13 COMMISSIONER BALDWIN: I just -- I've never been 14 invited to it. I see that you have. (Laughter.) I think 15 maybe if -- if we were -- if the Court was invited to 16 participate in a personal way, it would make it a lot easier 17 on me. But -- 18 JUDGE TINLEY: I was not aware that you had not been 19 invited, Commissioner. I'm sorry. 20 COMMISSIONER BALDWIN: Well, you don't have to 21 apologize. But I also see it as this is one of those kinds of 22 things that we need to participate in. That, you know, if -- 23 if it is, in fact, honoring our military folks and giving 24 gifts to the children of those, particularly those that daddy 25 or mama's gone serving our country, that's the kind of thing 8-13-07 78 1 we're supposed to be doing, so I'm in favor of this. 2 COMMISSIONER WILLIAMS: I don't have a problem with 3 doing it. 4 COMMISSIONER BALDWIN: But I want my invitation. 5 JUDGE TINLEY: I'll personally see that that 6 happens, Commissioner. 7 COMMISSIONER WILLIAMS: I would make a motion so 8 long as Commissioner Baldwin gets an invitation. But they 9 want to know if they need to bring their own trailer, to call 10 them, or whether we do that. I think they ought to bring 11 their trailer. 12 COMMISSIONER BALDWIN: I agree. 13 COMMISSIONER WILLIAMS: And take them back and 14 forth. 15 JUDGE TINLEY: I think the way it's worked is 16 similar to some other events; they're stacked on a trailer out 17 at the Youth Exhibit Center. They merely come latch onto the 18 trailer; they move it on out to where they're going to set up. 19 When they get through, they stack them back, they bring it 20 back and -- and park the trailer with the tables and chairs on 21 there. I think that's the way it's worked in the past. 22 COMMISSIONER WILLIAMS: Judge, while we're on this 23 topic, I want to let the Court know -- I put this on the 24 agenda for next time, but we've been offered a donation of 25 chairs -- I think I mentioned this to you. The City has 8-13-07 79 1 leased part of the Blackwell Fire Station to the Christmas 2 Lighting Corp., and there are a number of chairs, I think -- 3 I'm told a couple hundred chairs stored there, and they need 4 to be moved. And the City has agreed -- this is a memo I've 5 got from General Schellhase -- the City has agreed to donate 6 these chairs to the County for the use of storage, and if we 7 move them from the Blackwell Fire Station and store them and 8 so forth and so on. So, we have some more coming, and I 9 understand they're in very good shape. And I'll put this on 10 for next time; we can vote on it separately. 11 COMMISSIONER OEHLER: Rex, is there any legal 12 problem with doing this -- legal issue with donation, 13 basically, to a -- 14 COMMISSIONER LETZ: Radio station? 15 MR. EMERSON: I think that's a mixed bag. You're 16 allowing county property to be used for a public entity that's 17 a for-profit entity. Now, the event itself is nonprofit, but 18 you're kind of walking a fine line there. I don't -- I don't 19 think anybody would challenge that this isn't a good cause and 20 it doesn't go to the benefit of the children of the soldiers, 21 but it's a foggy area. How's that? 22 COMMISSIONER LETZ: Foggy area. I'll move approval. 23 COMMISSIONER BALDWIN: Second. 24 JUDGE TINLEY: Motion made and seconded for approval 25 of the agenda item. 8-13-07 80 1 COMMISSIONER OEHLER: As long as they haul them and 2 use them and bring them back in the same manner they picked 3 them up. 4 COMMISSIONER BALDWIN: With our trailer? 5 COMMISSIONER LETZ: Their -- our trailer? Their 6 trailer? 7 (Discussion off the record.) 8 COMMISSIONER OEHLER: They need to sign some kind of 9 document saying how many they took. 10 JUDGE TINLEY: I don't see that as a problem. 11 COMMISSIONER LETZ: And responsible for damage. 12 COMMISSIONER OEHLER: Damage or anything, they 13 replace them. 14 JUDGE TINLEY: Okay. Any further question or 15 discussion on that item? All in favor of the motion, signify 16 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: That motion does carry. 21 COMMISSIONER LETZ: The next one's a quick one. 22 JUDGE TINLEY: Next item, consider, discuss, and 23 take appropriate action on Commissioners Court Coordinator 24 assuming responsibilities for the Plateau Water Planning 25 Group, Region J. Commissioner Letz? 8-13-07 81 1 COMMISSIONER LETZ: A slight word was left out of 2 there; I think it's probably my fault. Should have said the 3 administrative duties of the Plateau Water Planning Group. 4 Currently the administrative office is at U.G.R.A. They've 5 had a change in personnel, and Ray Buck has asked me if it was 6 possible to move that from U.G.R.A. over to the County. 7 Previous to being over at U.G.R.A., my wife did it for about 8 three or four years. It's not a huge time-consuming thing. 9 Currently, U.G.R.A. is being paid $250 a month for this 10 service. That's just mainly to cover the incidentals. 11 Really, we're talking about posting three or four agendas, 12 answering a few phone calls during the year, stuff like that. 13 It's not a huge burden. Anyway, so I've asked Jody. She's 14 talked to Tammy over at U.G.R.A. She thinks that she can pick 15 it up without any problem, and I'll make a motion that we 16 approve the court -- Commissioners Court Coordinator serving 17 as administrative officer for the Plateau Water Planning 18 Group. 19 COMMISSIONER WILLIAMS: Does Plateau intend to 20 continue compensating for that service? 21 COMMISSIONER LETZ: Yes. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE TINLEY: Motion made and seconded as 24 indicated. Any further question or discussion on the motion? 25 COMMISSIONER LETZ: And that will be done through 8-13-07 82 1 interlocal agreement. It have will have to get worked out 2 between the two entities. 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: That motion does carry. Why don't we 10 take about a 15-minute recess. 11 (Recess taken from 10:33 a.m. to 10:53 a.m.) 12 - - - - - - - - - - 13 JUDGE TINLEY: Okay, let's come back to order, if we 14 might. Before we move on to Item 21, it's been indicated that 15 some additional action may be necessary on Item 19, the -- 16 regarding the allowing the free of cost use of Youth Exhibit 17 Center chairs and tables to The Ranch radio station for their 18 fourth annual Camo Claus party on December 13, 2007. 19 COMMISSIONER LETZ: Judge, first, I have a new -- I 20 think the way that we, I think, should approach this, I think 21 that it's more appropriate for us to give a 75 percent 22 discount, which is in our policy, which puts the cost down to 23 about $50. And I'm sure that there are people I -- think one 24 person's already told me that they will contribute to help 25 donate to meet that $50 cost. That way, the County is not 8-13-07 83 1 donating these chairs without really having a little bit of a 2 problem, and we're also within our newly adopted policy. And 3 I think that either The Ranch or others in the public can 4 donate the $50 if they so choose. So, to start that off, I 5 will make a motion to cancel my previous motion. 6 COMMISSIONER WILLIAMS: Rescind the court action. 7 COMMISSIONER LETZ: Rescind the court action. 8 JUDGE TINLEY: Okay. 9 COMMISSIONER LETZ: And then I'll -- after that, 10 I'll make a second motion. 11 COMMISSIONER WILLIAMS: Second. 12 JUDGE TINLEY: We have a motion and second to 13 rescind the prior action by the Court taken on Item 19. Any 14 further question or discussion? All in favor of that motion, 15 signify 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. You have 20 some additional items you want to offer, Mr. Letz? 21 COMMISSIONER LETZ: I'll make a motion that we offer 22 a 75 percent discount on the rental of the 350 chairs and 58 23 tables, which is pursuant to our policy that we grant up to 24 that large of a discount occasionally to nonprofit 25 organizations or nonprofit events, and that the funds -- the 8-13-07 84 1 25 percent that is due really come from donated funds or 2 through The Ranch or some source. 3 COMMISSIONER OEHLER: Second. 4 JUDGE TINLEY: Motion made and seconded as 5 indicated. Any further question or discussion on that 6 particular item? All in favor of that motion, signify by 7 raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: The motion does carry. We'll move to 12 Item 21; consider, discuss, and take appropriate action to 13 adopt a final draft of the Feasibility Analysis for Regional 14 Water and Wastewater Services for Center Point and Eastern 15 Kerr County, Texas, as submitted to the Texas Water 16 Development Board. Commissioner Williams. 17 COMMISSIONER WILLIAMS: Thank you, Judge. I placed 18 this on the agenda since our work has been completed with 19 respect to the feasibility analysis, and all the required 20 public hearings have been held, and so this is the final draft 21 which has been submitted to the Texas Water Development Board. 22 They only had two comments or questions. Both questions have 23 been responded to and footnoted in the PDF file that was sent, 24 the electronic file, and so I would move approval of this. I 25 wish I had a pretty copy for everybody, but we ran out of 8-13-07 85 1 pretty copies and didn't want to pay for getting more done. 2 So, this is what's on file now for the next step in front of 3 the Texas Water Development Board. Move approval. 4 COMMISSIONER BALDWIN: Second. 5 JUDGE TINLEY: Motion made and seconded. Any 6 question or discussion on the motion? 7 COMMISSIONER BALDWIN: I do have -- I have a 8 question, -- 9 COMMISSIONER WILLIAMS: Yes, sir? 10 COMMISSIONER BALDWIN: -- Commissioner. At what 11 point would the decision be made on who treats the effluent? 12 Is it going to Comfort, or does it come to Kerrville? At what 13 point will -- 14 COMMISSIONER WILLIAMS: Well, what point the final 15 decision will be made will depend on how the Water Development 16 Board reviews and receives our proposal for that option. We 17 have in place a letter of intent between Kerr County and 18 Kendall County Water and Improvement Control District Number 1 19 to negotiate that kind of an intergovernmental agreement, so 20 we'll wait for the T.W.D.B. to formally say this is the 21 option; that they agree with this, or this is the preferred 22 option, and then we can move forward. 23 COMMISSIONER BALDWIN: Within a year? 24 COMMISSIONER WILLIAMS: I hope so. 25 COMMISSIONER LETZ: This is going to be -- in 8-13-07 86 1 reality, this is going to be before us many, many more times. 2 COMMISSIONER WILLIAMS: Yeah. 3 COMMISSIONER BALDWIN: Oh, I'm sure. 4 COMMISSIONER WILLIAMS: Many times. 5 COMMISSIONER LETZ: And at some point, that bridge 6 is going to have to be crossed, and we're going to have to 7 have real negotiations about who's going to operate the 8 system, who's going to treat the effluent. That will have to 9 be done during these discussions. 10 COMMISSIONER WILLIAMS: And to further answer your 11 question, I did send a draft letter of intent for 12 consideration by the City of Kerrville, which we detailed in 13 that letter that the preferred option is going to Comfort; 14 however, if circumstances do change, then we'd like to have 15 the option of sitting with them and negotiating an 16 intergovernmental agreement. I forwarded that to them for 17 their comment, and if they determine to comment and bring it 18 back, I'll put on it the Court's agenda at the proper time. 19 COMMISSIONER BALDWIN: The reason behind my question 20 was, if you go to Comfort, that's basically gravity flow, as I 21 understand it. If you come back to Kerrville, we're talking 22 about purchasing pumps and -- 23 COMMISSIONER WILLIAMS: It's all uphill. 24 COMMISSIONER BALDWIN: -- lift station. And, you 25 know, at what point do you build that cost of a lift station 8-13-07 87 1 in -- in our -- 2 COMMISSIONER WILLIAMS: It's built into these 3 numbers already. 4 COMMISSIONER BALDWIN: It's already there? 5 COMMISSIONER WILLIAMS: Yes, sir. Because there are 6 two separate numbers. The collection system is one number, 7 and that holds either way you go. But the cost variable to 8 come west is a little bit less, because the distance is 9 shorter than the one going east, but the operational costs to 10 come west on an ongoing basis, forever, are higher if you have 11 to pump it uphill the rest of your life. 12 COMMISSIONER BALDWIN: Yeah. 13 COMMISSIONER LETZ: And you can't expand it. 14 COMMISSIONER WILLIAMS: And you can't hook anybody 15 up. Those costs are already in here. 16 COMMISSIONER BALDWIN: Okay, thank you. 17 COMMISSIONER WILLIAMS: Yes, sir. 18 JUDGE TINLEY: Any other questions or comments on 19 the motion? All in favor of the motion, signify by raising 20 your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: That motion does carry. We'll move 25 to Item 22; consider, discuss, and take appropriate action to 8-13-07 88 1 review the new Kerr County Environmental Health Department 2 plat filing requirements and make amendments if necessary. 3 Commissioner Oehler? 4 COMMISSIONER OEHLER: What this Court, I believe -- 5 and that's why I'm here. I put this on the agenda for 6 clarification of what we meant the Environmental's role would 7 be in the revised plat process. Seems to be a little bit of 8 confusion in Environmental Health of the order that we passed, 9 that -- that to my belief -- I don't have a copy of the order, 10 but what I understood out of it was that the -- the revised 11 plat process was supposed to be very simple. It should be 12 taken to the Environmental Health office as part of the 13 process for signing off, so that it could be passed on and be 14 done very quickly, and then no fees involved in that or 15 anything. And I just want clarification if that's -- if 16 that's the case. That they're not really to review it; 17 they're supposed to make copies of that, put it in their file, 18 and sign it and send it on. 19 COMMISSIONER BALDWIN: What does it mean? What 20 does it mean exactly when they sign off on it? I mean, does 21 that -- 22 COMMISSIONER OEHLER: Just means that they've 23 accepted -- that it has been sent through them and that they 24 sign off on it, send it on, so that it doesn't require any 25 review. But they can keep it in their -- keep a copy in their 8-13-07 89 1 files for future reference if needed. 2 COMMISSIONER LETZ: I think a good example, the two 3 revisions that we did today were -- there was no reason for 4 Environmental Health really to do anything. One was shifting 5 a lot line 120 feet or so. I mean, it barely went like this. 6 Acreage didn't change in the lot. And the other one was a 7 change in lot at The Homestead where we got a little bit of a 8 greenbelt; didn't affect that, because those are on central 9 sewer -- or I think it's central sewer down there. Yeah, it's 10 got to be. Is it? 11 COMMISSIONER WILLIAMS: They're on septic. 12 COMMISSIONER LETZ: On septic? But either way, it 13 isn't going to affect anything, and I think it's a little bit 14 of a judgment. Environmental Health looks at it. Those two, 15 to me, should have been looked at, "Yeah, these are fine"; put 16 it in the file. There may be some, when you're doing a major 17 lot line shift, "Well, we need to go out there 'cause of the 18 size of this lot, the drainage," that they need to go out to 19 review it, and at that point there should be a fee. That's 20 the way I look at it. 21 COMMISSIONER WILLIAMS: I think that's the point. 22 But, basically, it would just -- if we're shifting and making 23 one lot out of two, it doesn't affect the O.S.S.F. at all. If 24 they're shifting a lot line, one becomes smaller, maybe it 25 puts in question the amount of acreage necessary for a 8-13-07 90 1 drainfield. Maybe at that point they might have some 2 concerns. Yeah, they ought to register those concerns. I 3 think what we've experienced, and we talked about this before, 4 is that we've held up some of these things because the -- I'm 5 not sure why. Because there really isn't an issue; it didn't 6 affect O.S.S.F. relations at all. 7 COMMISSIONER OEHLER: Right. And, generally, a 8 surveyor's going to catch that. When they move lot lines, 9 they're moving them for a reason. They're doing it -- maybe 10 there is a drainfield or something that's encroaching into an 11 easement. They may be correcting that problem. 12 COMMISSIONER WILLIAMS: Yes. 13 COMMISSIONER OEHLER: More so than creating the 14 problem. 15 COMMISSIONER WILLIAMS: Right. 16 COMMISSIONER OEHLER: And so that's why I think we 17 wanted the revised plat process to be very smooth, very easy 18 to do, and no fees really required. Just make it simple, 19 inexpensive, and pass it on. 20 COMMISSIONER BALDWIN: What is wrong with what 21 you're saying? 22 COMMISSIONER OEHLER: Nothing that I can figure. 23 But there's been a little debate between Tish and I over this 24 issue. 25 COMMISSIONER BALDWIN: Oh, I see. 8-13-07 91 1 COMMISSIONER OEHLER: Which is why it's on the 2 agenda. 3 JUDGE TINLEY: Commissioner, I can see if you're 4 removing a lot line under any circumstances, the only need 5 that Environmental Health has is informational purposes only. 6 If you're moving -- moving a lot line, if there's not a 7 permitted system on either of the existing lots that are 8 affected by that, I guess the issue there is, do we have a 9 responsibility to the lot owners or the developers to -- to do 10 an analysis of that, if there's not existing drainfields or 11 systems, to do an analysis to be in a position to say, yes, 12 you will in the future be able to put one on both of these 13 lots or either of these lots? Or is that an issue for the 14 landowner or the developer? My thinking is, if -- if there's 15 not a system on either one of those lots, it's not something 16 that we should be Big Brother about. If there is a system, 17 obviously, there needs to be a look to see that there's not an 18 encroachment into a clear zone or sanitary zone or whatever. 19 But, other than that, that's merely informational also, if 20 there's no existing system. 21 COMMISSIONER LETZ: Judge, I think there's a -- a 22 T.C.E.Q. regulation that requires O.S.S.F. review of all 23 plats, so it's not in our Subdivision Rules, but it's in -- 24 it's a T.C.E.Q. requirement. And I think that that 25 requirement -- you know, the smaller the lot -- and this is 8-13-07 92 1 where the subjectivity comes into it in the O.S.S.F. 2 department. And, I mean, if you're on a 5-acre lot, in my 3 view, there isn't a 5-acre lot anywhere in this county you 4 can't put a septic system on. It may have to be an expensive 5 system, depending on where they want to put it, but you can do 6 it. If you get down to a -- a 1-acre or some of the smaller 7 lots, it becomes an issue a little bit, and I think that -- 8 you know, as to what you can do. Generally, I think you can 9 put in a system, albeit it can be very expensive. I mean -- 10 JUDGE TINLEY: I'm not suggesting that we bypass 11 O.S.S.F. -- the Environmental Health. I'm just suggesting the 12 degree of attention that needs to be given to it by them. 13 COMMISSIONER LETZ: I agree, and I think on 14 larger -- on the -- like, the one -- the other one we did out 15 in your area, that 20-acre lot, that shouldn't -- that doesn't 16 require anything, really, from my standpoint, other than have 17 a file so you have accurate information, which actually can be 18 accessed also through the County Clerk's office. Those two 19 revisions we did are almost a no action, but there are some, 20 like, you know, the name change, Las Colinas of Kerrville; 21 that one, those are smaller lots, and that probably needs -- 22 if they're going on septic, which I -- I don't know if they 23 are or aren't, but if they were, that was one that may need 24 some review. 25 COMMISSIONER OEHLER: The thing is, you're not going 8-13-07 93 1 to be able to move lot lines very much on that to have even a 2 revised plat, because the lots are so small already. And 3 they're 1-acre lots, what I saw on there; those are just 4 barely big enough to be lots, and so there's not much change 5 that's going to occur anywhere on those, unless you pull a lot 6 line out. 7 COMMISSIONER WILLIAMS: Right. 8 COMMISSIONER LETZ: I think it's a discretion that 9 -- you know, the intent is real clear from the Court, but I 10 think there's a little bit of discretion that has to come out 11 of the Environmental Health Department. 12 COMMISSIONER OEHLER: The problem is -- 13 COMMISSIONER WILLIAMS: Wasn't the whole intent when 14 we did this to begin with to sort of get a handle on illegal 15 subdivisions? And I think we've gotten off track in that 16 regard by -- you know, our review has stopped the process to 17 some extent. Wasn't that original -- 18 COMMISSIONER LETZ: I think that's -- definitely, 19 that's part of it, and the intent was never to stop a permit. 20 COMMISSIONER WILLIAMS: Right. 21 COMMISSIONER LETZ: They have -- Environmental 22 Health has found a lot of situations that we have fixed. It 23 was more to put Leonard's group on notice that, hey, there is 24 a problem here, and this looks like it may be an illegal 25 subdivision. But it was never intended to hold up a permit. 8-13-07 94 1 MS. HULETT: May I say something about that? When 2 we discover that there's a potential illegal subdivision is at 3 the time we receive septic planning materials; it's not when 4 we receive a plat. 5 COMMISSIONER LETZ: Right. 6 MS. HULETT: A replat. But I did want to mention -- 7 go back to the -- to addressing those plats that we received 8 recently, the Highlands Ranch being specific to that. There 9 was an issue there that we had to have Lee Voelkel address -- 10 the surveyor to address, because we were concerned that the 11 setback to the edge of the spray disposal area possibly was 12 not met, so -- with the change of the lot line. So, we do 13 have issues that -- that -- and a lot of times we receive 14 their -- their plats that don't really tell us if there's any 15 improvements on those properties. They don't show if there's 16 any septic systems on those properties. We have to do a 17 septic license search to see if we have any information about 18 a particular property to see if there is a septic system 19 that's on there, and we want to make sure that it meets the 20 setback requirements when they make those lot line changes. 21 But there are some locations that we have no information about 22 the septic systems, because they're not a permitted system. 23 So, we need to make sure where that system is located before 24 they start moving lot lines. So, I just wanted to make that 25 comment. 8-13-07 95 1 JUDGE TINLEY: Well, certainly, if there's an 2 existing system on either of the properties or both of the 3 properties, you need to make sure that -- that there's -- 4 there are adequate setbacks and so forth. 5 MS. HULETT: Right. That -- that's really what we 6 are trying to do as a part of our review. We want to make 7 sure that it meets the minimum lot size requirements that are 8 set forth by the state, and also that the minimum setback 9 requirements are met as well. 10 JUDGE TINLEY: Anything else on that particular 11 item? 12 COMMISSIONER OEHLER: Not really. It's just -- you 13 know, I just wanted clarification, because I don't want this 14 kind of stuff to be re -- you know, if it's not necessary to 15 be reviewed to the n'th degree, it doesn't need to be reviewed 16 all the time. You know, and there's got to be something -- 17 some trigger that -- maybe it's if there are existing systems, 18 that we need to make a policy change on. But, you know, this 19 has come to me from the Voelkels saying, you know, gosh, this 20 is supposed to be easy. We're not supposed to have to wait 21 all this time to make these minor adjustments. 22 JUDGE TINLEY: Mm-hmm. 23 COMMISSIONER OEHLER: And we had this problem 24 before, especially if we're moving a lot line. That should 25 never be an issue. 8-13-07 96 1 COMMISSIONER LETZ: The -- 2 COMMISSIONER OEHLER: I can't see where that would 3 ever be an issue of having to do a full review. Miguel, we 4 had -- we did that very same thing with him when he was still 5 here, and -- and we got into quite a discussion. And so, you 6 know, if you can have one -- if could you have one on each 7 lot, if you pull out a lot line, you now only just have one. 8 COMMISSIONER LETZ: The -- 9 MS. HULETT: I do not have an issue with removing 10 lot lines. My issue is when a lot line might be moved. We 11 want to make -- especially when the plat that they are 12 submitting for a change does not show any improvements on it 13 at all; we're not even told that there are any improvements on 14 the lot, and we don't discover this until we do, for example, 15 the septic license search. And that's how I found out that we 16 had one on this particular one that we just did, and that 17 there could have been an issue with the setback. So, those 18 are my -- my concerns. I feel we -- if it's our obligation as 19 a department to insure that the proper setbacks are made so 20 the homeowner is protected, and we don't have an issue come 21 back later where it could be a problem. 22 COMMISSIONER OEHLER: Seems to me like it should be 23 a surveyor issue. 24 MS. HULETT: But they need to provide us the 25 information, and if they don't -- that's what I've been 8-13-07 97 1 running into, that I'm not getting that information. 2 COMMISSIONER BALDWIN: Is it -- is it the amount of 3 work or inspections that they're doing, or is it the time 4 frame? 5 COMMISSIONER OEHLER: I think it's the time that it 6 takes for them to make time to do these evaluations that holds 7 up the process. 8 COMMISSIONER BALDWIN: Yeah. 9 COMMISSIONER OEHLER: You know, that's the part that 10 -- you know, and maybe they are -- they are needed at some 11 point, evidently. But they can't just take that revised plat 12 issue and go right out there and do a complete review of it to 13 make sure that all that's done. It takes time. So, that also 14 slows down the process. 15 COMMISSIONER BALDWIN: Right. 16 COMMISSIONER LETZ: The -- one thing we really 17 haven't talked about, though you touched on it, is the fee 18 structure. We don't have a -- currently, subdivisions with 19 less than five lots is a $20 flat fee to O.S.S.F., and if it's 20 more than five, it's $50. And then there's a per-lot fee of 21 $5 per lot, and it's $15 per lot if the lot size is 5 acres. 22 Now, we've never really addressed -- I presume those fees are 23 in place right now. On revision, we don't say that they're 24 not in place, so currently, under what we have adopted, there 25 are fees that need to go on revision of plats. I'm just 8-13-07 98 1 bringing that up as to -- if we want to make a change in that 2 area, you know, we need to make a change, because right now 3 they are required to make -- to pay some fees. 4 JUDGE TINLEY: Question. On the submission of an 5 alternate plat, there is not a present requirement that any 6 permanent improvements or -- including septic systems, be 7 noted -- existing improvements or septic systems to be noted 8 on the plat to be submitted, is there? 9 COMMISSIONER LETZ: Leonard? 10 MR. ODOM: Sir? 11 COMMISSIONER LETZ: On plats, are septic field -- 12 existing septics required to be noted on it? 13 MR. ODOM: Not that I know of. 14 COMMISSIONER LETZ: We require wells, and that's it, 15 right? 16 MR. ODOM: That's right. 17 COMMISSIONER LETZ: Structures -- I think 18 structures. 19 MR. ODOM: Structures, but on alternate plat, it's a 20 little bit different. It's not like you're going through a 21 preliminary. Preliminary should show all that, but if you're 22 doing an alternate plat, you're changing that line, you really 23 don't -- I don't have anything to say that you have to do 24 that. That's the reason we want them to go through it, has 25 been our argument. 8-13-07 99 1 COMMISSIONER LETZ: Doesn't it -- 2 MR. ODOM: We eliminate the preliminary plat under 3 the alternate plat process. 4 COMMISSIONER OEHLER: Is alternate plat and revision 5 of plat the same thing? 6 MR. ODOM: It's essentially when you're moving a lot 7 line or something. It depends on the size of the -- the 8 number of lots. 9 COMMISSIONER OEHLER: These are already in existing 10 subdivisions that already had sanitary areas that were 11 proposed at the time of the preliminary plats. 12 MR. ODOM: That's right. That was -- 13 COMMISSIONER OEHLER: So, you know, a lot of that 14 stuff already exists. It's just a matter of -- you know, when 15 you're adjusting -- a minor adjustment, I'm not sure that it 16 really comes into play that much. 17 MR. ODOM: To us, it's -- 18 COMMISSIONER OEHLER: Unless we were to pass some 19 kind of -- and add to the requirements of what the surveyors 20 need to do. If there are existing systems, maybe they should 21 locate them on the plat to show that they're -- they're not -- 22 that the revised part of it is not going to affect the -- 23 MR. ODOM: Right, because they're going to go 24 through the original preliminary, and then if there's a 25 revision to it, it may not show any houses on that. 8-13-07 100 1 MS. HULETT: That's right. 2 MR. ODOM: So, they really -- it is up to them to 3 identify where that structure's at and where that field may be 4 at if that's moving a line, so it -- you know, we're not 5 affecting -- 6 COMMISSIONER OEHLER: If we can get that done, then 7 that will take the review process completely out of it. 8 MS. HULETT: Make it a lot easier for us. 9 MR. ODOM: That's what we need to do. 10 MS. HULETT: Right now we go back to them to get the 11 information. 12 COMMISSIONER LETZ: I think -- Leonard, I think that 13 on the revision of plat, they're required to do -- everything 14 that they are required to do on a regular plat should be -- 15 should be noted on it. I mean, they can't just put a piece of 16 paper with -- change the line. They've got to note the 17 structures and things on that plat. That's according to our 18 rules. 19 JUDGE TINLEY: Structures to include septic systems? 20 COMMISSIONER LETZ: Yes, whatever -- I mean, I have 21 to go back and look at that provision, but they're not -- they 22 don't get -- it's not like you get -- it's the same 23 requirements for revision as a regular plat, from all of the 24 documentation information. 25 MR. ODOM: Okay. Well, how am I going to know that 8-13-07 101 1 there's a house on 1340 out there? I mean, if I have the 2 plat, I depend upon them to provide me all that information 3 that I need, so I'm assuming when they give me that and it 4 doesn't show a structure, that I'm in good shape. 5 COMMISSIONER LETZ: Right, I know. I'm just saying 6 that it's not -- the County's -- the surveyors aren't 7 providing the information that's required, and we don't know 8 that sometimes. I mean, we're not going to -- we can't go out 9 and inspect every -- 10 MR. ODOM: That's the reason she can check her 11 records to see if there is a facility there. 12 MS. HULETT: I will only know that if there is a 13 licensed septic system. I won't know it if it's an 14 unpermitted system. I won't have any records to that effect, 15 and that's what my argument has been, why it's very important 16 that we get this information, and not just, you know, 17 rubber-stamping and approve something without knowing that, 18 where those are, to prevent that problem from coming up in the 19 future. 20 COMMISSIONER BALDWIN: Does it show on the plat the 21 existing O.S.S.F. systems? 22 COMMISSIONER OEHLER: Not the ones I've seen. 23 COMMISSIONER LETZ: They show wells. I don't -- 24 COMMISSIONER BALDWIN: I don't think there is 25 either. 8-13-07 102 1 COMMISSIONER OEHLER: But the original -- when they 2 file plats in the beginning during the platting process, they 3 have to locate the areas on that for the disposal sites. 4 COMMISSIONER BALDWIN: Sure, to show the setback. 5 COMMISSIONER OEHLER: Right, to give the setback 6 requirements and all that. So, if there's an existing home, 7 in most cases, I would say, on an approved plan that came 8 through the Court, and those setbacks were made on those lots, 9 they were, you know, adhered to at the time. 10 JUDGE TINLEY: I think the solution, Commissioner, 11 would be, if current Subdivision Rules do not require as part 12 of a plat revision that any existing septic systems that are 13 adjacent to whatever activity's going on with the moving of a 14 lot line -- obviously, if you're removing a lot line, it's -- 15 it's immaterial, but if you're moving a lot line, if they 16 locate those on the plat -- and, of course, the plat's going 17 to be to scale -- that that solves the issue, licensed, 18 unlicensed or otherwise, if they're located on there. 19 COMMISSIONER LETZ: Our rules require all septic 20 systems to be located on the plat. 21 JUDGE TINLEY: Bingo. That's the answer. 22 COMMISSIONER BALDWIN: That's the answer to it right 23 there. 24 JUDGE TINLEY: Well, if they're not shown on there, 25 the department's entitled to rely upon the fact that there are 8-13-07 103 1 none. 2 COMMISSIONER LETZ: I mean, I think it goes -- you 3 know, it's a -- I think the burden should be on the surveyors. 4 JUDGE TINLEY: It is. 5 COMMISSIONER OEHLER: I agree. It should not have 6 to hold up our department from doing their job, having to do 7 the surveyor's job. 8 COMMISSIONER LETZ: If they don't do it properly and 9 there's a problem, then the surveyor needs to get hung with 10 having to fix it -- deal with the landowners, 'cause we're not 11 -- I mean, 'cause our rules say -- I mean, what it is, it says 12 the location, dimensions, names, description of all existing 13 or recorded structures, wells, water, oil, or monitor, and 14 septic systems. It's real clear. 15 COMMISSIONER OEHLER: Well, that takes care of the 16 problem, then. Surveyors need to start doing that. Then our 17 department, all they have to do is sign it and send it on. 18 JUDGE TINLEY: If she gets a plat that there's a lot 19 line being moved, and the plat does not disclose there are 20 structures or septic systems or wells or whatever, she's 21 entitled to rely upon the fact that there are none. Bingo, 22 and it's -- 23 COMMISSIONER OEHLER: Bingo, you're done. 24 COMMISSIONER LETZ: But if you -- if you find some, 25 I -- like, if you check and there's a licensed one that's not 8-13-07 104 1 on there, we need to take action against those surveyors. "If 2 you keep on doing this..." 3 COMMISSIONER OEHLER: Yeah. 4 COMMISSIONER BALDWIN: And what? 5 COMMISSIONER LETZ: We're going to get -- we're 6 going to say you're a bad boy. (Laughter.) I think when it 7 comes back to court, we just reject it for a 28-day period. 8 Once or twice of doing that, delaying it for their people -- 9 their customer, then they'll learn. 10 COMMISSIONER OEHLER: Exactly. 11 COMMISSIONER BALDWIN: Okay. Who's going to say 12 that to them? Do you want to send a copy of the rules to all 13 the surveyors? 14 COMMISSIONER WILLIAMS: Just a letter reminding them 15 what section says it. 16 COMMISSIONER LETZ: I think -- I mean, I don't have 17 a problem with it. 18 COMMISSIONER OEHLER: Good idea. 19 COMMISSIONER LETZ: You know, probably a joint 20 letter would be best, just real simple; say that, you know, 21 it's on Page 25 or so is where it -- all the -- it's the form 22 and content of preliminary plat. And I think if it's on 23 preliminary, it's on the other. I mean, I think it goes 24 without saying, it needs to be on there. 25 COMMISSIONER OEHLER: That takes care of the 8-13-07 105 1 problem. 2 COMMISSIONER LETZ: Just say that our 3 interpretation -- 4 COMMISSIONER OEHLER: They just haven't been doing 5 it. 6 COMMISSIONER LETZ: This is the form and content of 7 both preliminary and final plat that needs to be on there, on 8 revisions. 9 JUDGE TINLEY: Okay. Have we kicked that one hard 10 enough? 11 COMMISSIONER LETZ: And all plats. All plats, 12 whether they're revisions or not. I mean, I'm done. 13 JUDGE TINLEY: Let's go to Item 23; consider, 14 discuss, and take appropriate action regarding request from 15 Headwaters Groundwater -- Headwaters Groundwater Conservation 16 District to drill a Lower Trinity monitoring well in Kerrville 17 South area. Commissioner Baldwin? 18 COMMISSIONER BALDWIN: Well, thank you, sir. I'm 19 going to ask Mr. Williams to come up and make his 20 presentation, and while he's on his way up here, I have two 21 questions of Mr. Voelkel, who is not in the room, but I see by 22 his legal notes in here that, yes, that is county property 23 that we're referring to. And my other question, to Mr. Odom, 24 is if you know specifically where this well is going to go? 25 MR. ODOM: Yes, sir. They've flagged it, and I have 8-13-07 106 1 no problems. 2 COMMISSIONER BALDWIN: That doesn't do anything to 3 what you want to do in that particular area? 4 MR. ODOM: No, sir. 5 COMMISSIONER BALDWIN: Okay, super. 6 MR. ODOM: Right behind the right-of-way and back 7 out of the way of the road substantially. 8 COMMISSIONER BALDWIN: Okay. 9 MR. ODOM: I have no problems. 10 COMMISSIONER BALDWIN: I can go ahead and go to 11 sleep now, and y'all wake me up when it's time to vote, and 12 I'm happy. 13 COMMISSIONER OEHLER: Is that a motion? 14 COMMISSIONER BALDWIN: Mr. Williams? 15 MR. WILLIAMS: Buster, the correspondence that I 16 gave you with all the easement on the well, we have 17 considered, since that time, that it might be beneficial to us 18 and to the County to dual that well in the Middle and the 19 Lower Trinity, not just the Lower Trinity well, and it would 20 be a reduced cost to us to be able to dual it, the purpose 21 being that the Donna Drive well about a block away does not 22 belong to Headwaters. It's an important well, because it's 23 been considered an area of depletion in Kerrville South, and 24 that's kind of in the center of that area. And we feel it 25 would be beneficial to have a monitor well, especially in the 8-13-07 107 1 Lower Trinity, but if -- if you did permit us to drill the 2 well, to give us permission also to dual it Middle and Lower 3 if we desire to do so. 4 COMMISSIONER LETZ: To me, if we let you drill a 5 well, it's your well; you can put -- complete it in 10 zones 6 if you want. 7 MR. WILLIAMS: It wouldn't affect the easement or 8 the property. Be in the same well bore; it would be two -- 9 two 2-inch casings inside the same well bore. And -- 10 COMMISSIONER WILLIAMS: Drill all the way to China 11 if you want to. 12 MR. WILLIAMS: We put a 10 -- 10-by-10 fenced area 13 with a satellite hookup on it where it could be monitored 14 online on our web site. 15 JUDGE TINLEY: Question. Is this well going to -- 16 is this 150-foot area that's detailed here, that's going to be 17 a controlled zone around this well, is that 150-foot radius 18 going to be totally on Kerr County property? 19 MR. WILLIAMS: No, sir, it wouldn't. 20 JUDGE TINLEY: Well, we're doing something here -- 21 we're being asked to do something here that's going to 22 potentially impose some sort of a restriction or easement on 23 the private property rights of adjacent property owners, then, 24 are we not? 25 MR. WILLIAMS: Yes, we would -- we would rely on 8-13-07 108 1 county Environmental, if -- if someone sought to -- on private 2 property, to put a septic system, and to give the same 3 consideration to the well that they would in any other 4 situation, which in a Trinity situation, we only require 5 50 feet from the septic drainfield for the well. 'Cause we 6 cement all the way to the water-bearing formation from the 7 surface. 8 COMMISSIONER BALDWIN: Wait a minute. Are you -- 9 are you telling me that -- let's see, it's a 10-by-10 fence 10 around this well? 11 MR. WILLIAMS: Yes. 12 COMMISSIONER BALDWIN: And part of that is on 13 someone else's property? 14 COMMISSIONER LETZ: No. 15 MR. WILLIAMS: No. 16 COMMISSIONER BALDWIN: That's not what you're 17 asking? 18 JUDGE TINLEY: No, there's a radius of 150 feet from 19 the well bore. 20 COMMISSIONER BALDWIN: Oh, I see. 21 JUDGE TINLEY: That's a restricted zone, where this 22 agreement would have Kerr County agreeing that we would -- we 23 would not drill a well or presumably allow the drilling of a 24 well within 150 feet. And, as a for instance, let's suppose 25 that the Kerr County property line is 25 feet, for example, 8-13-07 109 1 from where this well bore is. You're restricting 125 feet of 2 somebody's property. 3 COMMISSIONER LETZ: We're not restricting it, 4 though. 5 JUDGE TINLEY: Well, if we agree that we will not 6 drill or allow the drilling of a well, we can certainly agree 7 for ourselves, but the -- the requirements for not putting a 8 septic in close proximity to a well is not 150 feet; it's 9 either 50 or 75 feet, depending upon what formation you're in, 10 is it not? 11 MR. WILLIAMS: Yes, it's 100 feet for an Edwards 12 well. 13 JUDGE TINLEY: Okay. 14 MR. WILLIAMS: Fifty feet for a Trinity well. 15 JUDGE TINLEY: Okay. 16 MR. WILLIAMS: But yes, the easement would only 17 include Kerr County property. 18 JUDGE TINLEY: Well, then, unless the 150-foot 19 radius is entirely on Kerr County property, we really can't 20 agree to anything beyond our own property line, can we? 21 MR. WILLIAMS: Correct. That is all you would be 22 agreeing to, is what you would do on Kerr County property. 23 COMMISSIONER WILLIAMS: But are we imposing a 24 restriction on an adjacent property owner because of what 25 we're doing here? 8-13-07 110 1 MR. WILLIAMS: No, sir. 2 COMMISSIONER LETZ: Well, as long as -- are we 3 50 feet from the property line? 4 MR. WILLIAMS: We're close, close to 50 feet from 5 it. 6 COMMISSIONER LETZ: If we're 50 feet from the 7 property line, the only -- you know, the septic's the only 8 issue on a well. 9 COMMISSIONER WILLIAMS: Right. 10 COMMISSIONER LETZ: Would Headwaters give a -- 11 MR. WILLIAMS: We could make sure we are 50 feet 12 from it. 13 COMMISSIONER LETZ: That solves the problem. I 14 think that way that we're not -- 'cause that way, as long 15 as -- the septic issue is the only one that really concerns 16 me, 'cause that's a County function. Plus that's -- I mean, 17 if someone wants to drill a water well over there, that's 18 within y'all's purview anyway. 19 MR. WILLIAMS: Right. 20 COMMISSIONER BALDWIN: Well, Judge, it says that the 21 grantor, which is Kerr County, agrees not to drill a well 22 within 150 feet. I'll agree to that. 23 COMMISSIONER LETZ: Or install a septic tank. 24 COMMISSIONER BALDWIN: Or install a septic tank. 25 We're not going to do that. I don't know what the neighbors 8-13-07 111 1 are going to do, but we're not. Am I practicing law again? 2 MR. EMERSON: I'd say you're doing an outstanding 3 job. 4 COMMISSIONER BALDWIN: Thank you very much. 5 (Laughter.) 6 JUDGE TINLEY: Another eight or ten years at this, 7 and we'll see if we can't get you a license. 8 COMMISSIONER OEHLER: But is it going to restrict 9 the neighbors from being able to put up anything close to 10 that? 11 COMMISSIONER WILLIAMS: That was my question. 12 COMMISSIONER LETZ: He said he can get 50 feet from 13 the lot line. 14 COMMISSIONER OEHLER: If you can get us 50 feet, I 15 guess that makes it okay, then. 16 MR. WILLIAMS: I think we can. Leonard? Fifty feet 17 from that fence? 18 MR. ODOM: You want to make a liar out of me? I 19 don't know. 20 MR. WILLIAMS: Okay. All right. 21 MR. ODOM: I would assume that you could. You know, 22 off -- off Bobby Keller's property right there, I would assume 23 that you could. 24 COMMISSIONER LETZ: The other issue is that we can 25 always give a variance, 'cause we control location of septic 8-13-07 112 1 anyway. 2 COMMISSIONER OEHLER: Don't muddy the water. 3 JUDGE TINLEY: They control the wells. 4 COMMISSIONER LETZ: But, I mean, to me, it seems 5 like this is a -- it's a good joint working effort. I think 6 -- I think it needs to be located 50 foot from the property 7 line so we're not clouding that issue. And I think it's a -- 8 yeah, we need a good monitor well. I like the fact that 9 they're actually completing it in both; I think it's better. 10 If you're going to do it, you might as well complete it in 11 both. 12 COMMISSIONER OEHLER: Another issue, too, is the 13 fact that it is a monitor well; it's not going to produce any 14 water for the public, and so at some point, if somebody needs 15 to drill a well in that same area that would be a public water 16 supply, you could give a variance, because it's really not a 17 producing well to the general public for any water system. 18 It's just for monitoring purposes only. 19 JUDGE TINLEY: I think -- I think the purpose of the 20 request is -- is appropriate. I just don't want to get 21 ourselves in a suit by indirectly restricting or imposing an 22 easement on some adjacent private property. That's the only 23 thing I'm trying to avoid. 24 COMMISSIONER BALDWIN: I agree with you 100 percent. 25 Leonard, would you assist him in looking at this 50-foot 8-13-07 113 1 issue? 2 MR. ODOM: Sure. 3 COMMISSIONER BALDWIN: And I think that we need to 4 approve it, and then if Leonard comes back and says no, they 5 can't do it, then don't sign it. Simple as that. How's that? 6 COMMISSIONER LETZ: Is that a motion? 7 COMMISSIONER BALDWIN: To approve it on -- 8 COMMISSIONER LETZ: Condition. 9 JUDGE TINLEY: Conditional basis. 10 COMMISSIONER BALDWIN: Conditional basis. 11 COMMISSIONER LETZ: Is that a motion? 12 COMMISSIONER BALDWIN: It is a motion. 13 COMMISSIONER LETZ: Second. 14 JUDGE TINLEY: I have a motion and second as 15 indicated. Any further question or discussion on that motion? 16 COMMISSIONER BALDWIN: I think it's a good 17 partnership here. 18 JUDGE TINLEY: All in favor of the motion, signify 19 by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 MR. WILLIAMS: Thank you. 24 JUDGE TINLEY: The motion does carry. Thank you. 25 We'll move to Item 24; consider, discuss, and take appropriate 8-13-07 114 1 action to approve a contract with Sprint to provide wireless 2 computer access to the Kerr County Juvenile Detention 3 Facility. Mr. Stanton? I kept looking in the back of the 4 room for you, and you were already up here. 5 MR. STANTON: I don't believe we have to do this. 6 I've talked to Mr. Emerson and talked to some -- we are able 7 to piggy-back onto the state contract to be able to do this, 8 and we're getting it at a very reduced rate and everything 9 else, and we don't have to sign a contract, and we're 10 contract-free to be able to do it. So, I think we can pass on 11 this one. 12 COMMISSIONER LETZ: Great. 13 COMMISSIONER BALDWIN: But you're doing it with 14 Sprint? 15 MR. STANTON: Yes, sir. 16 COMMISSIONER BALDWIN: Okay. 17 JUDGE TINLEY: The only question -- other question I 18 had about it was, we've got some broadband wireless that our 19 I.T. people are working on, and we want to get that under one 20 network if possible. 21 COMMISSIONER BALDWIN: Mm-hmm. 22 MR. STANTON: I talked to Mr. Trolinger, and he 23 didn't have a problem with it, and said that it was a very 24 reduced rate; it was a good deal, and that Sprint provided the 25 best coverage for this area as far as the affordability. 8-13-07 115 1 JUDGE TINLEY: We'll move to Item 25, then. 2 Consider, discuss, and take appropriate action on approving 3 the per diem rate of $90 per day, per child for the Kerr 4 County Juvenile Detention Center and approve Judge Tinley to 5 sign off on contracts for counties contracting with Kerr 6 County for secure preadjudication detention services for 7 2007-'08. 8 COMMISSIONER WILLIAMS: That's the current rate, 9 $90? 10 MR. STANTON: Yes, sir. 11 COMMISSIONER WILLIAMS: So moved. 12 COMMISSIONER LETZ: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval. Any question or discussion? All in favor of the 15 motion, signify 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. 20 MR. STANTON: I have a question about that one real 21 quick, Judge. Is there any way -- is there any way that, if I 22 give you the blank contracts, that I could get you to sign off 23 on them to begin with? And that way, I could send the 24 contracts out with your signature already on them. That way, 25 they can sign them, make copies, and send them back, and it 8-13-07 116 1 would save us having to -- 2 JUDGE TINLEY: It'll be on our format as approved by 3 the County Attorney? 4 MR. STANTON: Yes, sir. 5 JUDGE TINLEY: I've got no problem with that. 6 MR. STANTON: Okay. 7 JUDGE TINLEY: If they sign that, it's -- you know, 8 it's just as easy as them signing it second as them signing it 9 first. 10 MR. STANTON: Okay. 11 COMMISSIONER WILLIAMS: With us filling in the name 12 of the county, right? 13 MR. STANTON: Yes, sir. 14 COMMISSIONER WILLIAMS: Basically. 15 MR. STANTON: Yes, sir. 16 JUDGE TINLEY: Okay. We'll move to Item 26; 17 consider, discuss, and take appropriate action to change 18 status of a part-time employee at the Juvenile Detention 19 Facility to a full-time employee position. I guess the 20 question is, is that something we can pursue in open session, 21 or do we need to go to executive, and then if action is taken, 22 do it back in public? 23 COMMISSIONER LETZ: Didn't we talk about this during 24 the budget workshop? Is this the one -- 25 MS. HYDE: Yes. 8-13-07 117 1 COMMISSIONER WILLIAMS: Do we need executive? 2 COMMISSIONER LETZ: I'm ready to go. 3 COMMISSIONER BALDWIN: We couldn't talk about a 4 particular person by name or anything. 5 JUDGE TINLEY: Not at this point. I mean, he's got 6 the employee position that he has in mind, and we would merely 7 be expanding -- that's the one that I presume that he's 8 talking about that is being utilized considerably? 9 MR. STANTON: Yes, sir. 10 JUDGE TINLEY: And he wants to convert that position 11 to a full-time position. 12 COMMISSIONER BALDWIN: And where does the other half 13 money come from? 14 MR. STANTON: We have the money to cover the -- it 15 would cost $4,463 for the remainder of this budget year, and 16 I've got that in my budget already to cover that. 17 COMMISSIONER WILLIAMS: Move approval. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval. Any question or discussion? All in favor of the 21 motion, signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: That motion does carry. What's the 8-13-07 118 1 pleasure of the Court? Does the Court want to go ahead and 2 wrap up all of the other open items and then come back to 27 3 as an executive session item? 4 COMMISSIONER OEHLER: I'm not real sure we need 5 executive session on it. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER WILLIAMS: We've got one -- don't you 8 have one? 9 COMMISSIONER LETZ: Yeah, we need one from Rex. 10 COMMISSIONER WILLIAMS: We need one. 11 MR. EMERSON: I have one on a litigation update. 12 COMMISSIONER LETZ: We may need one. Are we going 13 to do anything on 27? 14 COMMISSIONER OEHLER: I hope so. 15 COMMISSIONER LETZ: We might want to discuss it 16 briefly in executive. 17 JUDGE TINLEY: Okay. 18 COMMISSIONER BALDWIN: Let's do it right now, and 19 then do it -- 20 COMMISSIONER LETZ: He wants to pay the bills first. 21 COMMISSIONER BALDWIN: Oh, I thought you wanted to 22 go eat lunch. 23 JUDGE TINLEY: Oh, no. We're going to -- 24 COMMISSIONER WILLIAMS: We got a lot to do before we 25 go to lunch. 8-13-07 119 1 JUDGE TINLEY: We're going to wrap this puppy up 2 before anybody leaves, including you. 3 COMMISSIONER BALDWIN: Yes, sir. 4 JUDGE TINLEY: Okay. Let's go to Section IV, 5 payment of the bills. 6 COMMISSIONER BALDWIN: I move we pay our bills. 7 COMMISSIONER WILLIAMS: Second. 8 JUDGE TINLEY: Motion made and seconded for payment 9 of the bills. Any question or discussion? Okay. Let me see 10 what I've got here. We just replaced another compressor at 11 the jail, apparently. We ought to have almost all new 12 air-conditioner compressors out there by now, shouldn't we? 13 SHERIFF HIERHOLZER: There's actually close to 20 14 units up on top up there. 15 COMMISSIONER LETZ: Twenty up there. 16 JUDGE TINLEY: Seems to me like nearly every month 17 we've been replacing air-conditioner compressors. Okay. 18 Jail, Page 28, $2,700 to Justice Benefits Incorporated. Looks 19 like we got an award, but we had to pay $2,700 for it. 20 SHERIFF HIERHOLZER: What? I missed part of that, 21 Judge. 22 JUDGE TINLEY: S.C.A.A.P., Fiscal Year 2006 award. 23 SHERIFF HIERHOLZER: Yes. 24 JUDGE TINLEY: But we had to write a check for 25 $2,700 to get it? Is that it? 8-13-07 120 1 SHERIFF HIERHOLZER: Yeah. They -- it's their 2 percentage. I think the -- something like 19,000 that we got. 3 Part of that for that company doing all that compiling is the 4 27. 5 MS. HARGIS: It's their -- I think there's a grant 6 fee. 7 SHERIFF HIERHOLZER: It is. 8 JUDGE TINLEY: Okay. 9 SHERIFF HIERHOLZER: The fee that they get for 10 compiling. 11 JUDGE TINLEY: This is a portion of a larger sum of 12 money that we got that we paid to someone to assist us in 13 getting those funds? 14 SHERIFF HIERHOLZER: Yes. We get the entire amount, 15 which was, I think, this year somewhere -- 16 MS. HARGIS: 23, I think, even. 17 SHERIFF HIERHOLZER: 23,000 this year? And then 18 their portion they get is 2,000 of that 23,000. So, the 19 County made 21,000. 20 JUDGE TINLEY: Okay. Page 30, we have a $543 21 battery. 22 MS. HARGIS: That's -- 23 JUDGE TINLEY: VHF battery? 24 MS. HARGIS: I think that's under radios. 25 SHERIFF HIERHOLZER: Oh, okay. That's going to be a 8-13-07 121 1 number of batteries for the jail portable radios, not just 2 one. 3 COMMISSIONER WILLIAMS: No, constable. 4 JUDGE TINLEY: That shows under Constable 5 Precinct 2. 6 SHERIFF HIERHOLZER: Well, that one, I don't know. 7 I thought you were talking -- 'cause we did order them for the 8 jail. We normally order 10. 9 COMMISSIONER WILLIAMS: Is that miscoded, by any 10 chance? 11 SHERIFF HIERHOLZER: And that also came out -- 12 that's Advantage Communications; that's not where we get those 13 batteries from, so that's going to be something different. 14 That's not -- 15 COMMISSIONER BALDWIN: Sit down, Rusty. 16 SHERIFF HIERHOLZER: -- the Sheriff's Office. 17 COMMISSIONER BALDWIN: Do you want to look the bill 18 up? What's that number, 6600? Tommy? 19 COMMISSIONER WILLIAMS: 86600. 20 COMMISSIONER BALDWIN: Tommy, get up here. I don't 21 know how to read these things any more; it's been too long 22 since I've looked at them. 23 (Discussion off the record.) 24 MR. TOMLINSON: 66-what? 25 COMMISSIONER BALDWIN: 6600. 8-13-07 122 1 MS. HARGIS: 6600 even. I remember signing on it. 2 MR. TOMLINSON: I'm going the wrong way. I don't 3 see a 66 anywhere. 4 (Discussion off the record.) 5 MS. HARGIS: Is there another box down there? 6 COMMISSIONER BALDWIN: Yeah, but it's the same -- 7 MS. HARGIS: Yeah, there is 63 -- yeah. Yeah, it's 8 here. Hang on a second. 6600, it's right up here. Hang on 9 just a second. Getting close. It's right in here, but 10 it's -- 11 COMMISSIONER LETZ: This must be a big one. 12 MS. HARGIS: They're not all here. There's 6500 -- 13 here it is. 14 COMMISSIONER BALDWIN: You're supposed to mark where 15 you pulled it out. 16 MS. HARGIS: It's the next to the last. 17 COMMISSIONER BALDWIN: Okay. 18 MS. HARGIS: Looks like we may have bought one 19 radio. 20 COMMISSIONER BALDWIN: Portable -- one PR-400 21 portable VHF -- 22 MS. HARGIS: Radio. 23 COMMISSIONER BALDWIN: 32? 24 MS. HARGIS: Bought a radio. 25 JUDGE TINLEY: Didn't buy a battery; we bought a 8-13-07 123 1 radio. 2 MS. HARGIS: He bought one battery. 3 COMMISSIONER BALDWIN: Battery is 65 bucks. 4 JUDGE TINLEY: Okay. Sheriff, what's your backup 5 radio system for 17,5-plus? 6 SHERIFF HIERHOLZER: I don't know. 7 COMMISSIONER BALDWIN: You mean after all of this, 8 that's all you're going to do is just agree to it and go on? 9 Good gosh. 10 SHERIFF HIERHOLZER: That may have been the -- 11 JUDGE TINLEY: Dailey Wells, capital outlay, backup 12 radio system, 17,663.65. 13 MS. HARGIS: What page is that on? 14 JUDGE TINLEY: 32, I'm sorry. 15 SHERIFF HIERHOLZER: May have been part of the -- 16 oh, that's that 17,000. 17 JUDGE TINLEY: Yeah. 18 SHERIFF HIERHOLZER: That's the emergency UPS system 19 that the Court authorized to replace. The one that was there 20 since '94 had gone out, and a couple months ago, the Court 21 authorized it, and it's now up and running, and we have power 22 no matter what happens. Dispatch. That's what that is. 23 JUDGE TINLEY: Okay. Page 60, District 24 Administration. Whose district is that that we're paying for 25 cell phones, 172 bucks? Looks like it may be for two months. 8-13-07 124 1 MR. TOMLINSON: For -- it's for the District Courts. 2 JUDGE TINLEY: For what? 3 MR. TOMLINSON: For the District Courts. 4 COMMISSIONER LETZ: Districts Courts. 5 MR. TOMLINSON: That's money that comes from the 6 other counties. 7 JUDGE TINLEY: No, this is not an income; this is an 8 expenditure. 9 MR. TOMLINSON: I know, but we're expending funds 10 that come from the other counties to pay for those 11 expenditures. 12 COMMISSIONER LETZ: This is flow-through money. 13 JUDGE TINLEY: Okay. Okay, thank you. Any other 14 questions? All in favor of the motion, signify by raising 15 your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: Motion does carry. Okay. We've got, 20 looks like, about 26 budget amendments so far. Budget 21 Amendment Request Number 1. 22 MS. HARGIS: Budget Amendment Number 1 is for 23 Software Maintenance, 10-403-563, $8,916.01 increase, and a 24 decrease in Line Item 41-634-411, Old Records Preservation. 25 COMMISSIONER BALDWIN: So moved. 8-13-07 125 1 COMMISSIONER LETZ: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval. 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. Budget 9 Amendment Request 2. 10 MS. HARGIS: Budget Amendment Request 2, increasing 11 Line Item 10-429-570, Capital Outlay, by $1,000. Decreasing 12 10-429-456, Machine Repair, by $450; decreasing 10-429-309, 13 Postage, by $658; decreasing 10-429-317, Search Programs, by 14 $855.20. 15 COMMISSIONER LETZ: I think you read the wrong 16 column. 17 COMMISSIONER BALDWIN: Move over a column. 18 MS. HARGIS: All right, 250 and 300. Okay, I'll 19 learn. 20 COMMISSIONER BALDWIN: Wonder what the capital 21 outlay is for. 22 JUDGE TINLEY: Brad's not available today to tell us 23 that, I don't think. 24 COMMISSIONER BALDWIN: I see. I move for approval. 25 COMMISSIONER LETZ: Second. 8-13-07 126 1 JUDGE TINLEY: Motion made and seconded for 2 approval. Any question or discussion? All in favor of the 3 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: Motion does carry. Budget Amendment 8 Request 3. 9 MS. HARGIS: Number 3, Juvenile Detention Center, an 10 increase of Budget Number 76-572-104, Detention Officer, by 11 $6,000; an increase of Line Number 76-572-201, FICA Expense, 12 by $460; 76-572-202, Group Insurance, by $560; 76-572-203, 13 Retirement, increase of $530; 76-572-450, General Maintenance, 14 an increase of $4,700. 76-572-331, Vehicle Transportation, 15 decrease $560; 76-572-332, Food, decrease $2,000; 76-572-333, 16 Residential Medical, decrease of $700; 76-572-420, Telephone, 17 decrease of $2,000; 76-572-440, Utilities, a decrease of 18 $6,990. 19 COMMISSIONER LETZ: So moved. 20 COMMISSIONER WILLIAMS: Question. Kevin, is this 21 going to take us to the end of the year? 22 MR. STANTON: Yes, sir. 23 COMMISSIONER WILLIAMS: All of this? 24 MR. STANTON: Yes, sir. 25 COMMISSIONER WILLIAMS: Second. 8-13-07 127 1 JUDGE TINLEY: Motion made and seconded for 2 approval. Question or discussion? All in favor of the 3 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: Motion carries. Budget Amendment 8 Request 4. 9 MS. HARGIS: Budget Amendment Request 4, Tax 10 Assessor/Collector. 10-499-216, Employee Training, increase 11 of $150; 10-499-485, Conferences, increase of $150; 12 10-499-570, Capital Outlay, decrease of $300. 13 COMMISSIONER LETZ: So moved. 14 COMMISSIONER BALDWIN: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval. Question or discussion? 17 COMMISSIONER BALDWIN: Would it be easier to just 18 read the line item description? 19 MS. HARGIS: If that's what -- that's fine with me. 20 It's easier. 21 COMMISSIONER BALDWIN: I don't know if it makes a 22 difference to have to read the codes. 23 COMMISSIONER WILLIAMS: No. 24 MS. HARGIS: County Clerk, Notices, Replats. 25 JUDGE TINLEY: Whoa. Whoa, we're not through with 8-13-07 128 1 this one yet. 2 MS. HARGIS: Okay. 3 JUDGE TINLEY: I don't think. 4 THE CLERK: We have a motion and a second. 5 JUDGE TINLEY: Yeah. Any further question or 6 discussion? All in favor of the motion, signify by raising 7 your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: That motion does carry. It occurs to 12 me that -- would it be possible for us to handle these much 13 like a consent agenda, where any of them we have questions 14 about, we could -- and I'm -- of course, not today, because 15 we're not set up for that, but by passing a court order, that 16 we could -- any member of the Court could pull or raise 17 questions about any one of these, and then otherwise, just 18 pass them as a block group. Just a suggestion. 19 COMMISSIONER WILLIAMS: I would favor that approach, 20 Judge. 21 JUDGE TINLEY: Okay. Budget Amendment Request 5. 22 COMMISSIONER LETZ: I wouldn't. 23 MS. HARGIS: Number 5 is County Clerk. Notices 24 Replat, increase of $277.04; decrease in Overtime of $277.04. 25 COMMISSIONER BALDWIN: So moved. 8-13-07 129 1 COMMISSIONER WILLIAMS: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval. Question or discussion? Jannett? If you're still 4 in here, kudos to you. She's kept her overtime intact. By 5 golly, she hasn't used any of that. Any other question or 6 comment? All in favor of the motion, signify by raising your 7 right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: Motion does carry. Budget Amendment 12 Request 6. 13 MS. HARGIS: Road and Bridges Revenue, Road and 14 Bridges Expenditures. Increasing Surplus Sales by $1,774.59, 15 increasing Capital Outlay by $1,674.70. 16 COMMISSIONER LETZ: So moved. 17 COMMISSIONER OEHLER: Second. 18 JUDGE TINLEY: Motion made and seconded for 19 approval. Question or discussion? All in favor of the 20 motion, signify by raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: Motion does carry. Budget Amendment 25 Request 7. 8-13-07 130 1 MS. HARGIS: County Treasurer, Conferences, increase 2 of $30; Part-Time Salaries, decrease of $30. 3 COMMISSIONER LETZ: So moved. 4 COMMISSIONER OEHLER: Second. 5 JUDGE TINLEY: Motion made and seconded for 6 approval. Question or discussion? All in favor of the 7 motion, signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: Motion does carry. Budget Amendment 12 Request 8. 13 MS. HARGIS: Road and Bridge, Equipment Repairs, 14 increase of $13,030.95. Upper Turtle Creek, decrease 15 7,115.03; Town Creek, decrease 1,795.99; Weatherby, decrease 16 4,119.93. 17 COMMISSIONER LETZ: So moved. 18 COMMISSIONER WILLIAMS: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval. Question or discussion? 21 COMMISSIONER LETZ: If we go to the consent agenda 22 format, I like the kind of backup that Road and Bridge has on 23 these larger ones, so that we understand what the reasoning 24 is. 25 JUDGE TINLEY: Well, I think that's always a good 8-13-07 131 1 idea, to know the whys and the wherefores behind an amendment, 2 unless they're pretty self-explanatory. Any other question or 3 comment? 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: Motion carries. Budget Amendment 9 Request 9. 10 MS. HARGIS: Justice of the Peace Number 2, 11 Conferences, increase of $400; Postage, a decrease of 50; 12 Office Supplies, a decrease of 150; Machine Repairs, a 13 decrease of 100; Miscellaneous, a decrease of 100. 14 COMMISSIONER WILLIAMS: So moved. 15 COMMISSIONER BALDWIN: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval. Question or discussion? 18 COMMISSIONER BALDWIN: I've got a question. 19 JUDGE TINLEY: All right, sir. 20 COMMISSIONER BALDWIN: Let's, just for fun, pretend 21 that this is my budget, not somebody else's, so I'm not 22 picking on anybody. Just a question. And -- and the middle 23 of the year -- or, really, at the end of the year, I'm 24 transferring money to Conferences. Are you tracking to see if 25 I've really been to enough schools and enough hours to be 8-13-07 132 1 certified, or am I just out having fun now? 2 JUDGE TINLEY: I'm not, no. 3 COMMISSIONER BALDWIN: Does anyone? 4 COMMISSIONER WILLIAMS: Wouldn't the documentation 5 for that accompany -- go to the Auditor when the request for 6 payment or admission fees -- 7 COMMISSIONER LETZ: I don't think anyone tracks it. 8 But I have -- I mean, we budget the same for all the 9 constables, or J.P.'s, in this case, or any other position, 10 really, enough to get their required schooling. And I have a 11 bit of a problem if, all of a sudden, one person is jumping up 12 $400 and taking it out of -- because there's excess money in 13 other line items. 14 COMMISSIONER BALDWIN: Well -- 15 COMMISSIONER LETZ: How did the other J.P.'s get 16 theirs done for 1,000? 17 COMMISSIONER WILLIAMS: Wasn't part of this the 18 education of the clerk that came on board? 19 MS. HARGIS: This is a new -- isn't she a new 20 justice, though? Wouldn't hers be increased? 21 COMMISSIONER LETZ: That's 3. 22 COMMISSIONER WILLIAMS: That's 3. 23 COMMISSIONER LETZ: This is 2; this is an old hat. 24 COMMISSIONER OEHLER: Yeah. 25 COMMISSIONER BALDWIN: I did not say that. That was 8-13-07 133 1 not me, press. It's just -- it's just a question on how these 2 things work. Bruce and I learned in Uvalde last week that 3 when we get our little certificates from these schools, we 4 should turn one in to the County Clerk for records, and I'm 5 assuming for this purpose. 6 COMMISSIONER WILLIAMS: Not a bad idea. 7 JUDGE TINLEY: I think Texas Association of Counties 8 actually keeps track of you having your hours or not having 9 your -- your continuing education. I'm not aware of anyone 10 within the county government here that -- that keeps a 11 master -- 12 COMMISSIONER BALDWIN: There's not. 13 JUDGE TINLEY: -- master list of that. 14 COMMISSIONER WILLIAMS: Doesn't the law firm offer 15 to do that? 16 COMMISSIONER BALDWIN: Yeah, the law firm actually 17 does it; TAC doesn't do that. The lawyer, Jim -- 18 COMMISSIONER WILLIAMS: Allison. 19 COMMISSIONER BALDWIN: Jim Allison does that. But, 20 anyway, I just -- 21 COMMISSIONER LETZ: I'd rather know what the reason 22 is, but I'm ready to go to lunch. 23 COMMISSIONER OEHLER: That's not a good reason. 24 COMMISSIONER WILLIAMS: There is a motion. 25 JUDGE TINLEY: Any further question or discussion? 8-13-07 134 1 All in favor of the motion, signify by raising your right 2 hand. 3 (Commissioners Baldwin and Williams voted in favor of the motion.) 4 JUDGE TINLEY: All opposed, same sign. 5 (Commissioners Letz and Oehler voted against the 6 motion.) 7 JUDGE TINLEY: Okay, we have two for, two against? 8 The chair votes in the negative. 9 COMMISSIONER BALDWIN: Well -- 10 JUDGE TINLEY: Budget Amendment Request Number 10. 11 COMMISSIONER BALDWIN: Wouldn't it be better to -- 12 well, it's the same thing, nevermind. Go ahead. Somebody 13 will question it. I mean, she'll be asked that question. 14 COMMISSIONER LETZ: Believe me, she'll be here. 15 COMMISSIONER BALDWIN: Yeah, okay. 16 COMMISSIONER WILLIAMS: It'll come back. 17 JUDGE TINLEY: Budget Amendment Request Number 10. 18 MS. HARGIS: Number 10 is Rabies and Animal Control. 19 Vet Services, an increase of 500; a decrease in Vehicle Gas 20 and Oil by 500. 21 COMMISSIONER LETZ: So moved. 22 COMMISSIONER OEHLER: Second. 23 JUDGE TINLEY: Motion made and seconded. Question 24 or discussion? All in favor of the motion, signify by raising 25 your right hand. 8-13-07 135 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: Motion carries. Budget Amendment 5 Request 11. 6 MS. HARGIS: County Auditor, Software Maintenance, 7 increase of $125; Group Insurance, a decrease of $125. 8 COMMISSIONER LETZ: So moved. 9 COMMISSIONER WILLIAMS: Second. 10 JUDGE TINLEY: Motion made and seconded for 11 approval. Question or discussion? All in favor of the 12 motion, signify by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: Motion carries. Budget amendment 17 request 12. 18 MS. HARGIS: 12 is Nondepartmental. Lease Copier, 19 increase of $465; a decrease in Books and Publications by 20 $465. 21 COMMISSIONER LETZ: So moved. 22 COMMISSIONER OEHLER: Second. 23 JUDGE TINLEY: Motion made and seconded. Question 24 or discussion? All in favor of the motion, signify by raising 25 your right hand. 8-13-07 136 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: Motion carries. Budget Amendment 5 Request 13. 6 MS. HARGIS: Budget Amendment 13 is Commissioners 7 Court. Notices, an increase of $223.92; FICA Expense, a 8 decrease of $223.92. 9 COMMISSIONER WILLIAMS: So moved. 10 COMMISSIONER LETZ: Second. 11 JUDGE TINLEY: Motion made and seconded. Question 12 or discussion? All in favor of the motion, signify by raising 13 your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: The motion does carry. Budget 18 Amendment Request 14. 19 MS. HARGIS: 14 is Custodial and Grounds. Uniforms, 20 increase of $144.04; Utilities, decrease of $144.04. 21 COMMISSIONER LETZ: So moved. 22 COMMISSIONER WILLIAMS: Second. 23 COMMISSIONER OEHLER: Second. 24 JUDGE TINLEY: Motion made and seconded. Question 25 or discussion? All in favor of the motion, signify by raising 8-13-07 137 1 your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed same sign. Motion 4 carries. Budget Amendment Request 15. 5 MS. HARGIS: The Hill Country Youth Exhibition, 6 Building and Grounds Maintenance, an increase of 1,453.74; 7 Capital Outlay, increase of 1,975; Operating Expenses, a 8 decrease of 1,975; Utilities, a decrease of 1,453.74. 9 COMMISSIONER LETZ: Do you know what we're buying 10 with capital outlay? 11 COMMISSIONER OEHLER: I don't have a clue. 12 MS. HYDE: They had to redo the park -- they had to 13 redo the park. 14 COMMISSIONER LETZ: Park? 15 MS. HYDE: Where those people went out -- 16 COMMISSIONER OEHLER: Oh, the park repairs, where we 17 had some irresponsible people, after the rain, going and doing 18 donuts and tore it all up. 19 COMMISSIONER WILLIAMS: Tore what up? 20 COMMISSIONER OEHLER: The park. 21 COMMISSIONER WILLIAMS: Oh, okay. 22 COMMISSIONER OEHLER: We have that problem 23 periodically. We're trying to keep it locked more nowadays, I 24 believe. 25 MS. HYDE: This is the second time. 8-13-07 138 1 COMMISSIONER OEHLER: Trying to discourage that from 2 happening, but every time it rains, we have people that they 3 have to go tear up public property. 4 COMMISSIONER LETZ: Rusty? 5 SHERIFF HIERHOLZER: Give me more deputies. 6 COMMISSIONER OEHLER: No. 7 COMMISSIONER WILLIAMS: Which would that be? The -- 8 the addition to the Building and Grounds Maintenance or the 9 Capital Outlay? 10 SHERIFF HIERHOLZER: We have caught some. 11 COMMISSIONER OEHLER: Building and Grounds 12 Maintenance. Part of it's Capital Outlay. I'm not sure what 13 that's -- 14 COMMISSIONER WILLIAMS: That's what I wondered. 15 COMMISSIONER BALDWIN: Do y'all want to look? I 16 know how to do it. 17 COMMISSIONER LETZ: Look it up. We'll go on to the 18 next one. 19 MS. HARGIS: Actually, I have it here. 20 COMMISSIONER OEHLER: Seems like Tim told me about 21 this, but I can't remember what he said. 22 MS. HARGIS: They purchased -- I believe they 23 purchased a trailer, or -- yes, a land trailer. 24 JUDGE TINLEY: Oh, yeah. 25 COMMISSIONER LETZ: Yeah, I remember that. 8-13-07 139 1 JUDGE TINLEY: Okay. Yeah, we authorized the 2 trailer. 3 COMMISSIONER WILLIAMS: We did? 4 COMMISSIONER OEHLER: Oh, that's right. 5 MS. HYDE: Different one. There should be another 6 one for that, 'cause we've got two of those. 7 THE CLERK: Nothing. 8 JUDGE TINLEY: Nothing yet? 9 COMMISSIONER LETZ: So moved. 10 COMMISSIONER OEHLER: Second. 11 JUDGE TINLEY: Motion made and seconded. Any 12 question or discussion? All in favor of the motion, signify 13 by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion carries. 18 MS. HARGIS: Sheriff's Department. 19 JUDGE TINLEY: Number 16. 20 MS. HARGIS: Employee Medical Exams, increase of 21 $150; Office Supplies, increase of $540.70; Dispatchers, a 22 decrease of $690.70. 23 COMMISSIONER LETZ: So moved. 24 COMMISSIONER BALDWIN: Second. 25 JUDGE TINLEY: Motion made and seconded for 8-13-07 140 1 approval. Question or discussion? All in favor, signify by 2 raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: Motion carries. Budget Amendment 7 Request 17. 8 MS. HARGIS: County Jail. Employee Medical Exams, 9 increase of $150; Operating Supplies, an increase of 1,805.32; 10 Prisoner Medical, an increase of $3,778.78; Prisoner 11 Transfers, an increase of 1,447.72. A decrease in Jailer 12 Salaries of 7,181.82. 13 COMMISSIONER LETZ: So moved. 14 COMMISSIONER BALDWIN: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval. Question or discussion? All in favor -- 17 COMMISSIONER OEHLER: He needs to -- we need to not 18 let him do this. We need to continue to take other 19 amendments -- other money out of this line. 20 COMMISSIONER WILLIAMS: Maybe not give him so much 21 next year. 22 SHERIFF HIERHOLZER: I've just about filled all 23 those openings, Commissioner. 24 JUDGE TINLEY: Other questions or comments? All in 25 favor of the motion, signify by raising your right hand. 8-13-07 141 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: The motion does carry. Budget 5 Amendment Request 18. 6 MS. HARGIS: 18 is Agricultural Extension Service, 7 an increase of Office Supplies of 500; a decrease in Postage 8 of 500. 9 COMMISSIONER WILLIAMS: So moved. 10 COMMISSIONER LETZ: Second. 11 JUDGE TINLEY: Motion made and seconded for 12 approval. Question or discussion? All in favor of the 13 motion, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion carries. Budget Amendment 18 Request 19. 19 MS. HARGIS: 19 is Juvenile Detention Facility. An 20 increase in Professional Services of $664.99; a decrease in 21 Property and Liability Insurance of $572; a decrease in 22 Kitchen Supplies of $92.99. 23 COMMISSIONER WILLIAMS: So moved. 24 COMMISSIONER BALDWIN: Second. 25 JUDGE TINLEY: Motion made and seconded for 8-13-07 142 1 approval. Question or discussion? 2 COMMISSIONER BALDWIN: Professional Services would 3 be psychological -- something? 4 JUDGE TINLEY: Probably, mostly, yeah. Contract 5 medical; they have nurses on a contract basis now. 6 COMMISSIONER BALDWIN: That comes out of that one? 7 JUDGE TINLEY: I think it does. 8 COMMISSIONER OEHLER: That will wipe this budget 9 out. Hopefully it goes to the end of the year. 10 JUDGE TINLEY: Any other questions or comments? All 11 in favor, 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: Motion carries. Budget Amendment 16 Request 20. 17 MS. HARGIS: 20 is Environmental Health. An 18 increase in Office Supplies by $300; Books and Publications, 19 increase of $250; a decrease in Postage of 300; a decrease in 20 Public Education by $250. 21 COMMISSIONER LETZ: So moved. 22 COMMISSIONER OEHLER: Second. 23 JUDGE TINLEY: Motion made and seconded for 24 approval. Question or discussion? All in favor of the 25 motion, signify by raising your right hand. 8-13-07 143 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: That motion does carry. Budget 5 Amendment Request 21. 6 MS. HARGIS: This is for the General Fund, 7 Constable, Precinct Number 1. Various Refunds, an increase of 8 $50, and then in Miscellaneous, an increase of $50, to 9 recognize a donation. 10 COMMISSIONER LETZ: So moved. 11 COMMISSIONER OEHLER: Second. 12 JUDGE TINLEY: Motion made and seconded for 13 approval. Question or discussion? 14 COMMISSIONER LETZ: We've just got to figure out who 15 keeps giving him money every month. I'm glad they are, but -- 16 JUDGE TINLEY: Yeah. Somebody's set up a tithe to 17 him, it looks like. Any other questions or comments? All in 18 favor of the motion, signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: Motion does carry. Budget Amendment 23 Request 22. Commissioner 4, your wish has just come true. 24 COMMISSIONER OEHLER: I see that. 25 MS. HARGIS: This is the 216th District Court and 8-13-07 144 1 County Jail. An increase in Office Supplies of $100.27; 2 Court-Appointed Services, an increase of 562.50; 3 Court-Appointed Attorney, an increase of 14,469.89; Civil 4 Court-Appointed Attorney, increase of 1,190. Jailer Salaries, 5 decrease of 16,322.66. 6 COMMISSIONER LETZ: So moved. 7 COMMISSIONER OEHLER: Second. 8 JUDGE TINLEY: Motion made and seconded for 9 approval. Question or discussion? 10 COMMISSIONER BALDWIN: Any comment from the Sheriff? 11 SHERIFF HIERHOLZER: No. We had the openings. 12 JUDGE TINLEY: All in favor of the motion, signify 13 by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Second verse of that song. Budget 18 Amendment Request 23. 19 SHERIFF HIERHOLZER: Don't count on it for long. 20 MS. HARGIS: 23 is the 198th District Court and 21 County Jail. Court-Appointed Attorney, increase of $9,505; 22 Civil Court-Appointed Attorney, increase of 1,393; Telephone, 23 increase of $26.74; Court Transcripts, increase of $596.50. A 24 decrease in Jailer Salaries of 11,521.24. 25 COMMISSIONER WILLIAMS: So moved. 8-13-07 145 1 COMMISSIONER OEHLER: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval. Question or discussion? 4 COMMISSIONER OEHLER: We're at 300,000 for 5 Court-appointed attorneys this year. 6 SHERIFF HIERHOLZER: One thing I wish; I wish y'all 7 could find other line items to use that extra money than 8 defense attorneys. 9 COMMISSIONER LETZ: I agree with that. 10 SHERIFF HIERHOLZER: I don't know anything worse 11 than paying defense attorneys with jailer salaries money. 12 COMMISSIONER WILLIAMS: Seems like there's a 13 relationship there. 14 SHERIFF HIERHOLZER: Yeah, but it ain't the right 15 way. 16 THE CLERK: We have a motion and second. 17 JUDGE TINLEY: All in favor of the motion, signify 18 by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: The motion does carry. Budget 23 Amendment Request 24. 24 MS. HARGIS: 24 is the Jury. Interpreters, an 25 increase of $438; Office Supplies, decrease of $438. 8-13-07 146 1 COMMISSIONER LETZ: So moved. 2 COMMISSIONER OEHLER: Second. 3 JUDGE TINLEY: Motion made and seconded for 4 approval. Question or discussion? All in favor of the 5 motion, signify by raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: Motion does carry. Budget Amendment 10 Request Number 25. 11 MS. HARGIS: Building Maintenance. Capital Outlay, 12 increase of 1,514.85; Operating Equipment, decrease of 13 1,514.85. This is for a shredder. 14 COMMISSIONER LETZ: So moved. 15 COMMISSIONER OEHLER: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval. Question or discussion? All in favor of the 18 motion, signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: The motion does carry. Budget 23 Amendment Request Number 26. 24 MS. HARGIS: 26 is the County Auditor. Conferences, 25 $575.15; Group Insurance, a decrease of 575.15. I have -- I'm 8-13-07 147 1 going to the Legislative conference that Tommy doesn't 2 normally go to. But I was requested to go to that, so I 3 didn't have anything in there for that. 4 COMMISSIONER WILLIAMS: So moved. 5 COMMISSIONER LETZ: So moved. 6 COMMISSIONER BALDWIN: Second. 7 COMMISSIONER LETZ: Second -- third. 8 JUDGE TINLEY: Motion made and seconded. Any 9 question or discussion? 10 COMMISSIONER BALDWIN: Let me ask you a question. 11 Is that next week? 12 MS. HARGIS: This week. 13 COMMISSIONER LETZ: In Austin. 14 COMMISSIONER WILLIAMS: This week. 15 COMMISSIONER BALDWIN: Oh, yeah, this week. 16 COMMISSIONER OEHLER: Wednesday, Thursday, and 17 Friday. 18 COMMISSIONER BALDWIN: Do you want to go have dinner 19 with us Wednesday night? 20 MS. HARGIS: I guess so. 21 COMMISSIONER BALDWIN: Okay. 22 COMMISSIONER WILLIAMS: It's not a condition of 23 approval. 24 COMMISSIONER BALDWIN: Yes or no, lady. 25 MS. HARGIS: Yes, if it's free. 8-13-07 148 1 COMMISSIONER BALDWIN: If it's free. 2 JUDGE TINLEY: All in favor of the motion, signify 3 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: That motion does carry. Do we have 8 any other budget amendments? 9 MS. HARGIS: No. 10 JUDGE TINLEY: Okay. Any late bills? 11 MS. HARGIS: Yes, we have several of those. 12 JUDGE TINLEY: Okay. 13 MS. HARGIS: All right. We have a late bill to 14 Kerrville Daily Times in the total of 1,205.12. This is for 15 ads for employees. We're already late with these. They 16 didn't send them to us, and so we don't want to incur any more 17 late fees. They are where we advertise for employee 18 vacancies, and they're just now sending us the bills from June 19 and July. 20 JUDGE TINLEY: But you say we don't want to incur 21 any more late fees? Have they already charged us some? 22 MS. HARGIS: For June. 23 JUDGE TINLEY: But they just now sent us the bill? 24 MS. HARGIS: Mm-hmm. 25 COMMISSIONER LETZ: I think -- 8-13-07 149 1 JUDGE TINLEY: I ain't in favor of paying them any 2 late fees. 3 MS. HARGIS: Well -- 4 JUDGE TINLEY: May not be in favor of paying them 5 anything. 6 MS. HARGIS: All right, we'll look into that one. 7 COMMISSIONER LETZ: Well, let's authorize paying it 8 without the late fee. 9 COMMISSIONER WILLIAMS: Yeah. Are you moving to pay 10 it without the late fee? 11 COMMISSIONER LETZ: That's the motion. 12 COMMISSIONER WILLIAMS: I'll second. 13 JUDGE TINLEY: Motion made and seconded as 14 indicated. Any question or discussion? All in favor of the 15 motion, signify 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: Motion carries. 20 MS. HARGIS: Okay. We have another one to the Back 21 40 Supply, Incorporated, and that's for the trailer. In order 22 for us to pick it up, we have to give them a check. 23 COMMISSIONER LETZ: So moved. This is the -- 24 MS. HARGIS: The new trailer we're talking about. 25 JUDGE TINLEY: 16 -- how much? 8-13-07 150 1 MS. HARGIS: It's $1,945 -- 2 COMMISSIONER LETZ: This is after -- 3 MS. HARGIS: $1,975. 4 JUDGE TINLEY: Okay. 5 SHERIFF HIERHOLZER: Just to mention, there is a 6 court hearing that a D.P.S. auto theft is doing, and by the 7 end of this, we're -- those little metal flat trailers for 8 hauling lawnmowers and that, that you buy, like, at Tractor 9 Supply, the Sheriff's Office may be the owner of one of those 10 that have been stolen and redone. I don't know if you want to 11 anticipate it, but -- you know. 12 JUDGE TINLEY: Well, let us know if you prevail. 13 SHERIFF HIERHOLZER: Well, I didn't know if you want 14 to wait and purchase one or not. 15 JUDGE TINLEY: We've already committed to purchase 16 this particular item. 17 COMMISSIONER LETZ: A week late, I think. 18 THE CLERK: We need a vote. And we have -- 19 JUDGE TINLEY: Any further question? 20 THE CLERK: Judge? We need a motion and a second on 21 this one. 22 JUDGE TINLEY: Okay. 23 COMMISSIONER BALDWIN: Second -- so moved. 24 COMMISSIONER WILLIAMS: Second. 25 JUDGE TINLEY: We have a motion and a second. And 8-13-07 151 1 any question or discussion on the motion? All in favor of the 2 motion, signify by raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: That motion does carry. 7 MS. HARGIS: We have another late bill. This one is 8 for W. Hardy Davis; this is for a psychological assessment for 9 $150. 10 COMMISSIONER LETZ: So moved. 11 COMMISSIONER OEHLER: Second. 12 SHERIFF HIERHOLZER: That's my new employees, the 13 psych. 14 JUDGE TINLEY: Motion made and seconded. Question 15 or discussion? All in favor of the motion, signify by raising 16 your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: Motion does carry. Is that the end 21 of the late bills? 22 MS. HARGIS: No, I wish it was. I'm sorry. 23 JUDGE TINLEY: Okay. Keep shooting them. 24 MS. HARGIS: Okay, we have another one for W. Hardy 25 Davis for $150. 8-13-07 152 1 JUDGE TINLEY: Is that all of them to Hardy Davis? 2 MS. HARGIS: Seems to be, yes, sir. 3 COMMISSIONER BALDWIN: So moved. 4 COMMISSIONER LETZ: Second. 5 JUDGE TINLEY: Motion made and seconded for 6 approval. Question or discussion? All in favor of the 7 motion, signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: Motion carries. 12 MS. HARGIS: The next bill is to Walmart for $201, 13 and this bill is to avoid paying late fees, paying it on time. 14 COMMISSIONER BALDWIN: So moved. 15 COMMISSIONER LETZ: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval. Question or discussion? All in favor of the 18 motion, signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: Motion carries. 23 MS. HARGIS: The next one is Chevron for $499.86. 24 Again, this is -- all of these are basically to avoid late 25 fees. This is our -- our gasoline bills. 8-13-07 153 1 COMMISSIONER LETZ: So moved. 2 COMMISSIONER OEHLER: Second. 3 COMMISSIONER WILLIAMS: Second. 4 JUDGE TINLEY: Motion made and seconded for 5 approval. Question or discussion? Are the departments not 6 getting these bills in on time, or what's the problem here? 7 MS. HARGIS: I have to check into it, Judge. I 8 don't know. 9 JUDGE TINLEY: Okay. 10 SHERIFF HIERHOLZER: Chevron is probably one of 11 ours. As soon as we get them in, we code them and send them 12 across, Judge. 13 MS. HARGIS: The Chevron bill came in on the 2nd, so 14 it will be late if we had to wait for the next meeting. 15 JUDGE TINLEY: Okay. Question or discussion? All 16 in favor of the motion, signify by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: Motion carries. Any more? 21 MS. HARGIS: These are all utility bills. Exxon, 22 $527.94, and Shell, $671.06. Again, these came in first of 23 the month, and if we wait till August the 28th, they will be 24 late. 25 COMMISSIONER WILLIAMS: So moved. 8-13-07 154 1 COMMISSIONER LETZ: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval. Question or discussion? All in favor, signify by 4 raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: Motion carries. Is that them? 9 MS. HARGIS: I have two more. This is the office 10 supply -- or Office Max; this is for $528.09. Again, the late 11 fee is $94 if we don't pay it now. 12 JUDGE TINLEY: That's about 20 percent, the way I 13 calculate it. 14 COMMISSIONER WILLIAMS: Pretty hefty. So moved. 15 COMMISSIONER LETZ: Second. 16 JUDGE TINLEY: Motion made and sectioned for 17 approval. Question or discussion? All in favor of the 18 motion, signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: Motion carries. 23 MS. HARGIS: And we have one more, contract services 24 for the Juvenile Detention Center for Wanda Brown for $367.50, 25 and these were services for July. 8-13-07 155 1 JUDGE TINLEY: Mm-hmm. 2 COMMISSIONER LETZ: So moved. 3 MS. HARGIS: That's it. 4 COMMISSIONER OEHLER: Second. 5 JUDGE TINLEY: Motion made and seconded for 6 approval. Question or discussion? All in favor of the 7 motion, signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: Motion does carry. That's it for 12 late bills, right? 13 MS. HARGIS: Yes. 14 JUDGE TINLEY: Okay. I've been presented with 15 monthly reports from Constable Precinct 4, Constable Precinct 16 1, J.P. Precinct 3, Justice Court Precinct 2, and Constable 17 Precinct 2. Do I hear a motion that these -- excuse me, Road 18 and Bridge, May and June of '07. Do I hear a motion that 19 these reports be approved as presented? 20 COMMISSIONER BALDWIN: So moved. 21 COMMISSIONER LETZ: Second. 22 JUDGE TINLEY: Motion made and seconded for approval 23 of the reports as presented. Question or discussion? All in 24 favor of the motion, signify by raising your right hand. 25 (The motion carried by unanimous vote.) 8-13-07 156 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: That motion does carry. Do we have 4 any reports from any of the Commissioners in connection with 5 their designated liaison or other assignments? One? 6 COMMISSIONER BALDWIN: No. 7 JUDGE TINLEY: Two? 8 COMMISSIONER WILLIAMS: No. 9 JUDGE TINLEY: Three? 10 COMMISSIONER LETZ: Just a quick comment. 11 COMMISSIONER BALDWIN: No. 12 COMMISSIONER LETZ: Just a real quick comment on 13 the -- I made the statement earlier about the O.S.S.F. 14 platting and requirements. We're -- I'll put that on our next 15 agenda. It's ambiguous in two sections as to whether the 16 alternate plat process language about O.S.S.F. -- how it's 17 handled, so I'm going to put on it the agenda to clarify it. 18 COMMISSIONER BALDWIN: Is it clear in one and not in 19 the other? 20 COMMISSIONER LETZ: Well, it's -- Leonard said this, 21 and I didn't -- it just went right over my head when he said 22 it. You have to put -- the septic has to be noted on the 23 preliminary plat, but not the final plat. And you don't do a 24 preliminary plat under the alternate plat process. 25 COMMISSIONER BALDWIN: Oh. 8-13-07 157 1 COMMISSIONER LETZ: But there's language that says 2 you have -- it has to be certified by O.S.S.F., so I think we 3 just need to add in the certification -- or add a 4 certification or a statement from the surveyor, yes or no, 5 they're on here. And if it's yes, then it has to go through 6 O.S.S.F. 7 COMMISSIONER BALDWIN: Good. 8 JUDGE TINLEY: Is that it? 9 COMMISSIONER LETZ: Yes. 10 JUDGE TINLEY: Four? 11 COMMISSIONER OEHLER: I could report for an hour, 12 but I'm not going to do it. 13 JUDGE TINLEY: Okay, I'll take that as a no. Any 14 other elected officials have reports? Okay, at this time, we 15 will go out of open or public session at 12:12 to go into 16 executive session to get a report on litigation matters and 17 consider a couple of personnel items, and we'll come back into 18 open session hopefully pretty shortly and wind this thing up. 19 (Discussion off the record.) 20 (The open session was closed at 12:12 a.m., and an executive session was held, the transcript of which 21 is contained in a separate document.) 22 - - - - - - - - - - 23 JUDGE TINLEY: Okay. We're now back in open or 24 public session. It is 12:33. Does anybody on the Court have 25 anything to offer with respect to matters considered in 8-13-07 158 1 executive session? 2 COMMISSIONER OEHLER: I move that we appoint Ray 3 Garcia as interim manager of Environmental Health. 4 COMMISSIONER WILLIAMS: Second. 5 COMMISSIONER BALDWIN: Is there a probationary 6 period in this thing? 7 COMMISSIONER LETZ: He's just interim. 8 COMMISSIONER OEHLER: Just interim. 9 COMMISSIONER BALDWIN: Okay. There's no time frame 10 tied to that? 11 COMMISSIONER OEHLER: No. 12 COMMISSIONER BALDWIN: Okay. 13 COMMISSIONER LETZ: And as interim, he is coming on 14 full-time? 15 COMMISSIONER OEHLER: Full-time. 16 COMMISSIONER LETZ: Full-time interim manager at the 17 same salary level as the current interim manager in that 18 department. 19 JUDGE TINLEY: Okay. That's a motion? 20 COMMISSIONER OEHLER: That's the motion. 21 JUDGE TINLEY: Do I hear a second? 22 COMMISSIONER WILLIAMS: I'll second. 23 JUDGE TINLEY: Motion made and seconded. Any 24 question or discussion on that motion? 25 COMMISSIONER BALDWIN: Will there be -- will there 8-13-07 159 1 -- is there any necessity of changing the previous acting 2 manager's salary? 3 COMMISSIONER OEHLER: That may be a separate -- 4 JUDGE TINLEY: Separate motion. 5 COMMISSIONER BALDWIN: Okay. 6 MS. HYDE: Separate motion. 7 JUDGE TINLEY: Okay. Any further discussion on that 8 motion? All in favor of the motion, signify by raising your 9 right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: That motion does carry. Any further 14 action? 15 COMMISSIONER OEHLER: Motion that Tish Hulett be 16 thanked for her services as interim manager, and that she be 17 -- she go back to her previous job of being the D.R. and -- 18 D.R./inspector in Environmental Health. 19 COMMISSIONER WILLIAMS: At the salary she held 20 before? 21 COMMISSIONER OEHLER: At the salary she held before. 22 COMMISSIONER LETZ: Second. 23 JUDGE TINLEY: Motion made and seconded as 24 indicated. Question or discussion? All in favor of the 25 motion, signify by raising your right hand. 8-13-07 160 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: That motion does carry. Any further 5 business to come before the Court today? Hearing nothing 6 further, we'll be adjourned. 7 (Commissioners Court adjourned at 12:36 p.m.) 8 - - - - - - - - - - 9 10 11 STATE OF TEXAS | 12 COUNTY OF KERR | 13 The above and foregoing is a true and complete 14 transcription of my stenotype notes taken in my 15 capacity as County Clerk of the Commissioners Court 16 of Kerr County, Texas, at the time and place 17 heretofore set forth. 18 DATED at Kerrville, Texas, this 17th day of 19 August, 2007. 20 21 JANNETT PIEPER, Kerr County Clerk 22 BY: _________________________________ Kathy Banik, Deputy County Clerk 23 Certified Shorthand Reporter 24 25 8-13-07