1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, December 10, 2007 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 PRESENT: PAT TINLEY, Kerr County Judge 23 H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 JONATHAN LETZ, Commissioner Pct. 3 24 BRUCE OEHLER, Commissioner Pct. 4 25 ABSENT: WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 2 1 I N D E X December 10, 2007 2 PAGE 1.1 Consider/discuss take appropriate action on 3 request to use portion of courthouse grounds and parking area on January 11, 2008, for 4 Cowboy Breakfast 8 1.2 Consider/discuss, take appropriate action on 5 Ingram ISD septic problem and proposed emergency repair by ISD maintenance personnel 14 6 1.3 Consider/discuss, take appropriate action on request for variance to install small septic 7 system on First Street in Ingram based on imminent installation of city sewer 15 8 1.4 Open bids received for digital video recording system for the juvenile detention facility and 9 award appropriate bid 32,77 1.5 Consider/discuss, take appropriate action on 10 how to allocate excess funds from the '06/'07 library budget 34 11 1.8 Consider/discuss, take appropriate action con- cerning deed without warranty filed by Energy/ 12 Land, Inc., to Kerr County 36 1.9 Consider/discuss, take appropriate action con- 13 cerning expiration of lease for Cat 924 loader and 12H maintainer 38 14 1.10 Consider/discuss, take appropriate action for concept plan of Camp Verde Store 43 15 1.6 Consider/discuss, take appropriate action for concept of revision of plat for 707 Ranch, and 16 set public hearing for same 48 1.12 Consider/discuss, take appropriate action 17 concerning final revision of plat for Lot 67 of Cypress Springs Estates, Phase 2, Section One 51 18 1.14 Consider/discuss, take appropriate action to ratify and confirm submission of application to 19 AACOG for solid waste grant to purchase two vehicles; authorize resolution in support of same 52 20 1.15 Consider/discuss take appropriate action on appointing committee to review and present 21 recommendation on long-range facility needs of Kerr County Jail and Law Enforcement Center 53 22 1.7 Consider/discuss, take appropriate action on final revision of plat for Hill River Country Estates 57 23 1.16 Consider/discuss, take appropriate action on reviewing current burn ban implementation and 24 notification procedures, exemptions for prescribed burning during a burn ban, and website revisions 25 related to burn ban 61 3 1 I N D E X December 10, 2007 2 PAGE 1.17 Consider/discuss, take appropriate action to 3 rescind all prior Commissioners' Court orders authorizing individual department/official 4 cell phone contracts 71 1.11 Consider/discuss, take appropriate action con- 5 cerning concept of Solar Village, Lots 14-17; set public hearing for same 72 6 1.13 Consider/discuss, formulate & adopt Kerr County's position regarding utilization of Kerr County 7 Airport Authority; forward same to Texas Attorney General; appropriate action as necessary 78 8 1.18 Approve the assessment as a result of Texas State Comptroller's audit and authorize payment 9 of the assessed amount 88 1.19 Consider/discuss, take appropriate action to 10 authorize Jerry Shiever to prepare early referrals of all delinquent personal property accounts 95 11 1.20 Receive information on legislative & regulatory updates and elections and take any desired 12 appropriate action to finalize TCDRS plan and elections for Kerr County for 2008 100 13 1.21 Consider/discuss, take appropriate action on authorizing the financial adviser to prepare 14 recommendations for the most economical and beneficial type of short-term financing for 15 the County, and begin documentation necessary for the short-term financing application 105 16 1.22 Consider/discuss, take appropriate action to adopt an order, based on burn ban status, pro- 17 hibiting sale or use of restricted fireworks in any portion of unincorporated area of the county 107 18 1.23 Consider/discuss, take appropriate action on Edward Martin contract 112 19 4.1 Pay Bills 113 20 4.2 Budget Amendments 116 4.3 Late Bills 117 21 4.4 Approve and Accept Monthly Reports 118 22 5.1 Reports from Commissioners/Liaison Assignments --- 23 1.24 Consider/discuss, take appropriate action on hiring a part-time deputy (Executive Session) --- 24 3.1 Action taken on executive session item(s) 120 25 --- Adjourned 121 4 1 On Monday, December 10, 2007, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 time and date, Monday, December the 10th, 2007, at 9 a.m. It 11 is that time now. Commissioner Baldwin? 12 COMMISSIONER BALDWIN: Yes, sir. Would you stand 13 and join me in a word of prayer, and then we'll do the pledge 14 of allegiance. 15 (Prayer and pledge of allegiance.) 16 JUDGE TINLEY: Thank you. 17 COMMISSIONER BALDWIN: Thank you. 18 JUDGE TINLEY: At this time, if there's any member 19 of the public or the audience that wishes to be heard on any 20 matter that is not a listed agenda item, why, you're free to 21 come forward at this time and let us know what's on your 22 mind. If you wish to be heard on an agenda item, we'd ask 23 that you fill out a participation form. They can be found on 24 the table at the rear of the room. If they're not there, let 25 us know and we'll get some there. Or if we get to an agenda 12-10-07 5 1 item and you haven't filled out a participation form and want 2 to be heard, get my attention. I'll see that you have that 3 opportunity, because we want you to have an opportunity to be 4 heard on any matter that you have an interest. But if 5 there's any member of the public that wishes to be heard on 6 any matter that is not a listed agenda item, why, feel free 7 to come forward at this time. Seeing no one coming forward, 8 we will move on. Commissioner Baldwin, what do you have for 9 us this morning? 10 COMMISSIONER BALDWIN: Judge, I don't have 11 anything. I'm excited about this meeting and moving forward 12 with the government's business. 13 JUDGE TINLEY: Very well. Commissioner Letz? 14 COMMISSIONER LETZ: Couple of things. One, this is 15 just a -- I think the Judge and I mentioned at the last 16 meeting that there was the Hill Country group that met, 17 Commissioners and County Judges, and they had set -- the next 18 date is going to be January 30th, 10 a.m., in Marble Falls. 19 It's a Wednesday. Kind of a 10 a.m. to 3 p.m. event, and 20 make sure that the rest of the Court is aware of it, and the 21 County Attorney as well. Good meeting. I think it's -- 22 basically, I think we're -- the direction that this whole 23 group is going is basically how to act in a common front 24 where we can agree with Legislature, trying to get some 25 things done legislatively, where the bottleneck is, if there 12-10-07 6 1 is a bottleneck in that process. The other thing I want to 2 comment on, this is really more for -- probably for Len's 3 benefit than anybody else. And I was interested in reading 4 in the paper Saturday that the City of Kerrville has decided 5 a new river crossing is going to go in out in the county. 6 And I just thought that was a rather interesting thing, and I 7 wasn't aware that we had discussed it with them. So, I 8 thought I'd -- Len, you might want to look at Kerrville Daily 9 Times; here's a copy of the article. They've decided they're 10 going to put in a new bridge across the Guadalupe just to the 11 east of Guadalupe Heights, so I thought that might be an 12 interesting thing for the County to be aware of, since the 13 City's going to put a bridge in the county. Other than that, 14 I just hope we get a little more rain. 15 JUDGE TINLEY: Thank you. Commissioner Oehler? 16 COMMISSIONER OEHLER: Well, only thing I have this 17 morning is that there's been some -- there's been a survey 18 that was sent out to all the installers, all the septic 19 installers, and probably the designers, that had a -- and it 20 was sent out anonymously. And it had a self-addressed 21 envelope to me for the survey to be sent to, thus making it 22 look like I sent the survey out, trying to go after our 23 Environmental Health Department, and -- and in a lot of ways 24 that -- that's just not right. And I wouldn't do it that 25 way, and I had nothing to do with it. And I want to set the 12-10-07 7 1 record straight that somebody did this anonymously, and I 2 don't know who it was, but I didn't do it. And I wish 3 whoever would have guts enough to come forward and -- and 4 take the credit for it, and also the blame for it. And we 5 have gotten a lot of those letters back, and I've turned them 6 over to Environmental Health, Ray Garcia, who's the head of 7 that department. Only three out of about 14 or 15 were 8 signed. The rest of them were signed John Doe. This John 9 Doe must have sent them out to start with. But, anyway, I 10 just wanted to be sure we set the record straight that I had 11 nothing do with that, and if I had, I would -- I would take 12 the credit for it, or the blame. 13 COMMISSIONER BALDWIN: Bruce, I just never saw you 14 as the kind of guy to beat around the bush like that. 15 COMMISSIONER OEHLER: Well, I just wouldn't. 16 That's just not my nature. If I had a problem with them, I'd 17 go to them and talk to them about it, which I have done in 18 the past. 19 COMMISSIONER BALDWIN: Absolutely. 20 COMMISSIONER OEHLER: And -- but I do think it's 21 pretty -- pretty ironic that all of a sudden, it made it look 22 like I did it, and I didn't. 23 COMMISSIONER BALDWIN: What did you do with those 24 that weren't signed, the "John Doe" stuff? 25 COMMISSIONER OEHLER: I gave them all to Ray 12-10-07 8 1 Garcia. 2 COMMISSIONER BALDWIN: I hope they went in the 3 trash can. 4 COMMISSIONER OEHLER: Well, that's what needs to 5 happen to the ones that don't have enough guts to sign them. 6 And the ones that did, I took it as a form of complaint. 7 He'll be following up on the ones that did sign. So, anyway, 8 that's all I have this morning. 9 JUDGE TINLEY: Certainly, Commissioner, if 10 somebody -- some citizen, or even someone that's involved in 11 the process with Environmental Health, has an issue with the 12 operation of that department or anybody there, or in your 13 oversight, you welcome them bringing those directly to you, 14 do you not? 15 COMMISSIONER OEHLER: Sure. 16 JUDGE TINLEY: That's kind of the way I thought. 17 COMMISSIONER OEHLER: I don't -- 18 JUDGE TINLEY: If citizens have a concern or 19 thoughts or ideas or suggestions about anything in county 20 government, we want to hear from them. This is their 21 government, and we're trying to -- we're trying to do their 22 work, and they're certainly entitled to have whatever input 23 they desire. Let's get on with our agenda, if we might. 24 First item on the agenda is to consider, discuss, and take 25 appropriate action on a request to use a portion of the 12-10-07 9 1 courthouse grounds and parking area on the early morning of 2 January the 11th, 2008 -- 3 COMMISSIONER BALDWIN: Judge? 4 COMMISSIONER LETZ: Judge, did we do public 5 comment? 6 JUDGE TINLEY: Yeah. 7 COMMISSIONER LETZ: I didn't -- 8 JUDGE TINLEY: For a Cowboy Breakfast in connection 9 with local area and Hill Country District Junior Livestock 10 Show activities. Mr. Bondy? Mr. Bondy asked that I put this 11 on the agenda, and actually, I put it on the last agenda, if 12 you'll recall, and had it styled wrong for it to happen in 13 December. Actually, it was going to be tomorrow, I recall, 14 and that wasn't the case at all. So, that was my faux pas. 15 Let's see if we can get it straight now. Mr. Bondy and 16 Mr. Talarico, glad to have you here this morning. 17 MR. TALARICO: Thank you, Judge. 18 MR. BONDY: Thank you, Judge, Commissioners. The 19 Chamber and Kerrville Main Street were approached about the 20 possibility of resurrecting the Cowboy Breakfast along with 21 the Hill Country District Junior Livestock Show. And, once 22 again, you know, one of the things that we strongly believe 23 in is building community, and it's a shame that it wasn't -- 24 didn't take place last year. And so we saw it as a great 25 opportunity to -- to bring it back, to partner with these 12-10-07 10 1 folks, with Main Street, kind of show the community that 2 there are multiple parties behind it, and trying to build its 3 success. So, the next step we came up with was, where's a -- 4 not that the star is a bad location, but it's not a real high 5 visible location, and we thought of the courthouse grounds. 6 Certainly, as people drive by, they see the Christmas lights 7 that are here; it's a highly visible location, and it would 8 be a perfect spot to hold the Cowboy Breakfast, with your 9 permission. Our tentative timeline is to have it run from 10 6:00 to 8:30 on Friday, January the 11th, 2008. We'd like to 11 have some live entertainment. We'd like to have some goat 12 milking, some cow chip throwing, possibly even a minibike 13 demonstration in the parking area. 14 COMMISSIONER BALDWIN: I nominate the Judge. 15 (Laughter.) 16 MR. BONDY: So moved. Do I hear a second? 17 COMMISSIONER LETZ: Second. 18 MR. TALARICO: To be milked or thrown? 19 COMMISSIONER BALDWIN: Both. 20 JUDGE TINLEY: I'm versatile. 21 MR. BONDY: We come before you with the request to 22 utilize the courthouse grounds and part of the parking areas 23 for that breakfast on the 11th. And be happy to answer any 24 questions. 25 JUDGE TINLEY: The portion that you're asking to 12-10-07 11 1 use is primarily over here on the east side? 2 MR. BONDY: Yes, sir. We would -- truth be known, 3 we were talking about it at our last meeting on Thursday; we 4 really would like to have the portion that's Sidney Baker and 5 Main Street, because there's a tremendous amount of 6 visibility that would be accomplished there, but we would 7 defer to your better judgment. If you'd prefer us to be on 8 the east side, we would be okay with that as well. 9 COMMISSIONER BALDWIN: Have we -- 10 JUDGE TINLEY: Sidney Baker and Main, which would 11 be the west -- 12 MR. BONDY: West side. 13 JUDGE TINLEY: -- and the south side? 14 MR. BONDY: Yes, sir. 15 JUDGE TINLEY: Huh? 16 COMMISSIONER BALDWIN: Have we checked to see if 17 there's a jury in, or selecting juries? Or what -- 18 JUDGE TINLEY: It's on a Friday. 19 COMMISSIONER BALDWIN: Oh, I thought you said 20 Thursday. 21 MR. BONDY: Right, Friday, January 11th, which 22 would be the week before -- 23 MR. TALARICO: The stock show kicks off that next 24 Tuesday. 25 COMMISSIONER LETZ: I think the ideal location 12-10-07 12 1 would be -- you know, certainly, the south or the west side 2 are the most visible, but it's also the worst from a parking 3 standpoint. But -- 4 JUDGE TINLEY: The previous ones were held over 5 here. They blocked off Earl Garrett and had it in that -- I 6 believe it's, what, the 200 block of Earl Garrett? 7 MR. BONDY: Correct. Yes, sir. 8 JUDGE TINLEY: Where they had it? And -- 9 COMMISSIONER LETZ: How about the employee parking 10 lot? Which wouldn't disrupt the parking and getting around 11 the parking lot a little bit. It would disrupt that portion. 12 JUDGE TINLEY: Well, see, they're going to be 13 cleared out by about 8:30. 14 COMMISSIONER LETZ: Right. 15 JUDGE TINLEY: So that's going to be a minimal 16 impact on the parking anyway, wherever they are, 'cause 17 they're going to be starting early. But there will 18 necessarily have to be some parking going on towards the tail 19 end of that function. 20 MR. BONDY: We might recommend that you -- if you 21 have some barricades, barricade the inside parking spaces 22 which are adjacent to the actual grounds, which would leave 23 the outside spaces available for parking. 24 COMMISSIONER LETZ: What -- how much area do you 25 need? Like, would a corner -- would the corner at Sidney 12-10-07 13 1 Baker and Main be okay? 2 MR. BONDY: That area -- that's also where there's 3 the greatest amount of pavement. The parking area would 4 probably be ideal, along with the grassy area and the -- and 5 the pavilion. 6 COMMISSIONER LETZ: Right. Road and Bridge can 7 maybe set up some barricades along the -- where the parking 8 area -- or leave them for y'all to set up that morning or 9 something. 10 MR. BONDY: Right. 11 COMMISSIONER LETZ: Or Maintenance. Maintenance 12 can probably do it. 13 COMMISSIONER OEHLER: Could probably park a lot of 14 people at Grimes. They're not going to have any funerals 15 before 8:30. 16 COMMISSIONER LETZ: Right. 17 MR. BONDY: We'll check with them. 18 JUDGE TINLEY: Not likely. 19 COMMISSIONER OEHLER: That would be a first. 20 JUDGE TINLEY: Yeah. Well, there's no question 21 about that it's a community event, and in connection with 22 Hill Country District Junior Livestock Show and Association 23 and all their activities, the Court has been very much 24 involved in sponsoring and working with the Youth Exhibit 25 Center. It's I think it's just a matter of working out the 12-10-07 14 1 details, from my -- my perspective. I don't know how the 2 other members of the Court feel. 3 COMMISSIONER LETZ: I'll make a motion that we 4 authorize Cowboy Breakfast to be held at the southwest corner 5 of the courthouse square on the morning of January 11th, and 6 allowance be made for vehicles to get by on the inside of the 7 parking area. 8 COMMISSIONER OEHLER: I'll second that. 9 JUDGE TINLEY: Motion made and seconded as 10 indicated. Further question or discussion? All in favor of 11 the motion, signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: The motion carries. Thank you, 16 gentlemen. 17 MR. BONDY: Thank you very much. We appreciate it. 18 JUDGE TINLEY: I'm going to start picking my team, 19 and the gentleman to my right is going to be my first choice. 20 Yeah. See? He's working -- working already. Thank you. 21 MR. BONDY: We look forward to seeing you there. 22 JUDGE TINLEY: We'll move to Item 2; consider, 23 discuss, and take appropriate action on Ingram ISD septic 24 problem and proposed emergency repairs by ISD maintenance 25 personnel. 12-10-07 15 1 COMMISSIONER OEHLER: This item is going to be 2 passed, because we don't take action on emergency repairs. 3 We give variances, to my knowledge. 4 JUDGE TINLEY: And the emergency repairs are done 5 directly with the Environmental Health? 6 COMMISSIONER OEHLER: Directly with Environmental 7 Health Department. And the situation is pretty well -- 8 COMMISSIONER LETZ: Done? 9 COMMISSIONER OEHLER: -- done. It's not been 10 completed, I don't think, but the end result is -- is going 11 to be what was asked for, and all this paperwork we got that 12 did not come in the right form. 13 JUDGE TINLEY: Anybody else -- 14 COMMISSIONER OEHLER: I was informed of that over 15 the weekend. 16 JUDGE TINLEY: Okay. We'll move to Item 3; 17 consider, discuss, take appropriate action on request for 18 variance to install a small septic system on First Street in 19 Ingram, based on the imminent installation of city sewer. We 20 have Mr. Digges, the honorable Danny Edwards from the City 21 Attorney's office in Ingram, and Mr. Garcia. Who wants to 22 run with the ball here? 23 MR. DIGGES: I instigated this, so I guess I should 24 come up and talk about it. 25 JUDGE TINLEY: Okay. 12-10-07 16 1 MR. DIGGES: It's a -- a residence in Ingram where 2 it's going to be in the first phase of the sewering of that 3 city. And we were asked by the sellers of the property to 4 install a new septic system, as the one that was there was -- 5 was failing. And so we have made a determination by soil 6 profiles what type of conditions we got there. We got a 7 couple of feet of clay, and we got caliche beneath it, so 8 we've got a good absorptive soil beneath. And our thinking 9 is, why put in a full-blown system when we can do an 10 abbreviated or smaller system and certainly get by until the 11 sewers were to come? In that regard, Danny Edwards may be 12 gracious enough to kind of give us an update on when he 13 thinks the -- all that's going to happen so you all can have 14 a feel for that. 15 But, you know, we used to do septic inspections 16 back in the early '90's, before the County even became 17 involved in doing inspections. And this was inspections at 18 the time of sale; not for new installations, but it was the 19 existing systems. And there was a number of times where we 20 just came across a 500-, 550-gallon tank, 100 foot of drain 21 field, and people have been operating on that for 10, 15, 20 22 years. And so the system that we're suggesting would be in 23 line with that, and so it could easily last that long, and it 24 would save the sellers of the property about $3,000 to put in 25 a smaller system than the full-blown system. Once all that 12-10-07 17 1 -- that larger tank and that -- that would more than double 2 the size of the drain field to get a regulation system. Once 3 it was in and the new sewer was in, they're going to be 4 required to connect on, and so it's just going to be gravel 5 and dirt, and it's going to be just a waste of -- of effort 6 and money, in my opinion. And I thought the Court might feel 7 the same, and so that's -- that's why I instigated this. And 8 Ray's here to talk, and Danny too, to give you that update. 9 MR. EDWARDS: Morning, Judge. 10 JUDGE TINLEY: Good morning. 11 MR. EDWARDS: And Court. I talked this morning 12 with both the U.S.D.A., who has given us our grant, and the 13 engineer to try to get as updated a report as I could give 14 you. All plans have been completed. They have been sent to 15 U.S.D.A. We have met with the City of Kerrville to make sure 16 that we're in line with all their specifications, et cetera. 17 In talking with the U.S.D.A. representative this morning over 18 in Fredericksburg, they're awaiting some minor paperwork. I 19 call it minor in comparison to the last two and a half years 20 that we've been fighting this project, which has been unduly 21 delayed by many -- on many counts. But all the plans are 22 finished. They have been forwarded to U.S.D.A. They've -- 23 this morning he said, "Would you send me one more set of 24 plans?" And he wanted a separate sheet that showed just the 25 right-of-ways and designating where the right-of-ways would 12-10-07 18 1 be -- rights-of-way would be. 2 I talked to the engineer. All of this is obviously 3 on computer, and they can even send it electronically to 4 U.S.D.A. when necessary. I have -- I have acquired all of 5 the right-of-way for the main lines. They're all signed and 6 ready to be recorded. We have about four or five minor 7 rights-of-way up in the city that we still have yet to 8 acquire. Ninety-five, 96 percent of the lines will be laid 9 in the city streets, so we have very few rights-of-way to 10 acquire. Once we -- the bid -- the spec book for bids is 11 complete. The contract -- the blank forms of contracts are 12 complete, and they have not yet been sent to the U.S.D.A. 13 That was one of the things he requested this morning. I have 14 to empathize with the engineer; he lost his number-one girl 15 about four months ago, and I think he's been living in chaos 16 down there ever since. But he says the spec book is 17 finished, the contracts are finished, and they should go out 18 sometime either late this week or next week. 19 The encouraging word that I received from U.S.D.A. 20 this morning was, once they have every single, solitary 21 sliver of paper they need, they usually get it approved in 22 about 30 days, so that's kind of a happy thing. The bad news 23 is, this has to be approved by T.C.E.Q., and I don't think 24 anybody wants to prognosticate what T.C.E.Q.'s going to do. 25 But as far as the engineering and paperwork, it's ready to 12-10-07 19 1 go. We anticipate -- the engineer, rather, anticipates the 2 construction time on this will be -- assuming we get, on the 3 first -- the bid process, as all of you know, takes 45, 60 4 days sometimes, and assuming that the first bid that we get 5 is something we can live with, that's another element you 6 have to consider. But it's moving as rapidly as it can. 7 They estimate the construction time on it at about 12 months, 8 roughly. And because it's -- the design of it is -- is 9 tremendous. We -- by necessity, we had to make a change in 10 plans where our main line was going, and by that necessity, 11 we eliminated three lift stations and saved us about, oh, 12 $750,000, $800,000 on our project. So, the mother of 13 necessity created an opportunity to -- to save a considerable 14 amount of money. I am encouraged that we're this far along. 15 And that's about it. I'll answer any questions you might 16 have. 17 COMMISSIONER BALDWIN: Danny? 18 MR. EDWARDS: Yes, sir? 19 COMMISSIONER BALDWIN: You feel quite -- I mean, I 20 can tell you feel quite sure that the -- that the new system 21 is going to come on board; you're going to get your grants 22 and all that? 23 MR. EDWARDS: Oh, yeah. We've -- 24 COMMISSIONER BALDWIN: That's going to happen, but 25 it's not like you to use the word "imminent." 12-10-07 20 1 MR. EDWARDS: Well, I don't know what "imminent" 2 means to some people. (Laughter.) 3 COMMISSIONER BALDWIN: There's my lawyer. 4 MR. EDWARDS: Well, this -- with all due respect, 5 this work's probably six to nine months behind schedule, for 6 reasons -- no fault of the City of Ingram. 7 COMMISSIONER BALDWIN: Sure. 8 MR. EDWARDS: And it's just -- and, of course, one 9 of the things we're concerned about on the first bid process 10 is that the numbers that we presented to U.S.D.A. to obtain 11 this grant are now three years old, and PVC pipe's gone up 12 about 30 percent or more, and so we don't know what the 13 results of that will be when we get our first bid in. 14 However, we did eliminate -- there was three lift stations 15 that were in our original numbers, so we're hoping that that 16 compensates somewhat. 17 COMMISSIONER BALDWIN: You talked about -- you 18 talked about 30 days on part of it, getting the -- getting 19 all the paperwork in and sending it off to somebody, and 20 it'll take 30 days or so for you to get the stamp of approval 21 from that, and then you talked about 12 months -- 22 MR. EDWARDS: Construction. 23 COMMISSIONER BALDWIN: -- construction. So, 24 there's -- there's 13 months right there. And then what 25 other time frame? Are you saying that in about 13 months, we 12-10-07 21 1 should be on line? And -- 2 MR. EDWARDS: Well, you've got your bid process, 3 which is 30 to 60 days -- 45 to 60 days. 4 COMMISSIONER BALDWIN: Sixty more days, okay. 5 MR. EDWARDS: And I can't tell you how long it will 6 take for the engineer to provide the remaining documentation 7 they requested this morning, which is basic -- one of them 8 requires the signatures of the mayor and the approval by the 9 City Council, which is the right-of-way map, and I'll have 10 all of the rights-of-way completed probably next week 11 without -- without any problem. 12 COMMISSIONER BALDWIN: So, a long time. The reason 13 I'm asking these questions is to grant a variance for a small 14 septic system -- and I'm not -- I heard Charlie talk about 15 buckets or something; I don't know -- I don't remember what. 16 But small septic systems, and I'm -- and I want to get to our 17 guy here and find out about this time frame and the -- the 18 small system, and how long -- you know, if there's enough -- 19 if this small system will last long enough for y'all to get 20 on line and all those things. 21 MR. EDWARDS: Let me make one comment before he 22 takes over. First of all, I want to say how pleased the City 23 of Ingram is with the County having taken over the septic 24 regulations. We've been short-handed out there for almost a 25 year and a half, doing anything on this. Since they took it 12-10-07 22 1 over, we've already boarded up one house completely. We're 2 about ready to condemn another one. We've had several 3 enforcement actions taken with cooperation between myself 4 and -- and the Environmental Health Department, and we're 5 very pleased with what the County enforcement agency's been 6 doing, and we've been trying to work with them as closely as 7 we can, and I think we're seeing good results already, so 8 we're very pleased with that. 9 COMMISSIONER BALDWIN: Thank you. 10 JUDGE TINLEY: Mr. Edwards, you mentioned that one 11 big question mark is T.C.E.Q.'s blessing on this project. 12 Have -- have they made any pronouncement over there at 13 T.C.E.Q. that gives you any indication of where they're going 14 or how fast they're going to go? 15 MR. EDWARDS: None whatsoever. They've had the -- 16 they've had the plans for the -- well, it's the original 17 plan. They've had the final plans for some -- a month now, I 18 guess. They don't require all of the necessary paperwork 19 U.S.D.A. does, obviously, because of the grant. So -- but 20 they do have the final plans for review, and they -- it's my 21 understanding -- and I'm not professing to be an expert, but 22 U.S.D.A. looks at one phase of operation, such as the 23 feasibility of it, the finances, and T.C.E.Q. looks at the 24 physical aspects of it, the engineering and et cetera. So -- 25 but, no, I have no indication from T.C.E.Q. as to how long 12-10-07 23 1 they might take to review it. 2 COMMISSIONER LETZ: But it sounds like you're 3 looking at about 24 months. 4 MR. EDWARDS: Pardon? 5 COMMISSIONER LETZ: About 24 months, probably. I 6 mean, about two years to get online -- two, two and a half 7 years, more than likely, to get online. 8 MR. EDWARDS: That's your words, not mine. 9 COMMISSIONER LETZ: Well, the reason I want -- 10 well, when you were calculating up over here, we were up to 11 about 18 months. If you're going to allow T.C.E.Q., you 12 know, three to six months, that puts you from -- you know. 13 MR. EDWARDS: You have a history with T.C.E.Q., 14 Commissioner? I mean, you may have. 15 COMMISSIONER LETZ: I don't have a good history 16 with them, no. 17 MR. EDWARDS: I thought maybe you know something I 18 don't know. 19 COMMISSIONER LETZ: No. They're -- I mean, as you 20 -- it's just a large agency; it takes a long time to act. 21 So, if they're being -- I would be -- if I were in y'all's 22 shoes, I'd be very happy to get it in three months, an answer 23 out of T.C.E.Q. This puts you closer to two years, so -- and 24 then you figure out some kind of -- you know, you bid it, and 25 you're going to allow another 60 days from awarding the bid 12-10-07 24 1 to starting construction, likely. So, you're looking at two 2 to two and a half years, I would think. I mean, when you 3 start adding up all the dates, from now. 4 MR. EDWARDS: I hope not, but you may be right. 5 JUDGE TINLEY: Well, of course, this -- you've been 6 involved in this process how long, Mr. Edwards? 7 MR. EDWARDS: About two and a half years. 8 JUDGE TINLEY: Yeah, to this point. And -- 9 MR. EDWARDS: That's right. 10 JUDGE TINLEY: -- the citizens of Ingram are deeply 11 indebted to you for your perseverance -- 12 MR. EDWARDS: Thank you. 13 JUDGE TINLEY: -- in hanging in with this thing and 14 going forward and getting this funding. 15 MR. EDWARDS: It's been -- 16 JUDGE TINLEY: You've been instrumental in doing 17 that for them. I appreciate your work. 18 MR. EDWARDS: It's been a cooperative effort along 19 with the County, with U.G.R.A. and with the school district, 20 the City. It's been a -- Kerrville. It's been a -- it's 21 really been a mutual government agreement. It's been a long 22 process, but we're very pleased with the progress as much as 23 we have. Also, I do empathize with these people who are 24 facing having to rebuild septic systems. And I guess my only 25 comment would be -- is that anything that's done to improve 12-10-07 25 1 the septic system in the city of Ingram is a tremendous 2 thing, because we still have culverts and 55-gallon drums out 3 there used -- being used as septic tanks, so any kind of 4 modification that's made to update one is certainly an 5 improvement over probably 50 percent of the systems that we 6 have. And so I would commend your Environmental Health 7 Department for working in that respect also. 8 COMMISSIONER OEHLER: I kind of encouraged 9 Environmental Health to do this, because there's no point -- 10 I've encouraged Environmental Health to work with these 11 property owners to do what we could do minimally to make them 12 where they're safe until they do have time to hook up to the 13 new wastewater system, 'cause I really hate to see people 14 spend money unnecessarily. But we do have to cure problems 15 when it becomes a health and safety -- 16 MR. DIGGES: I agree. 17 COMMISSIONER OEHLER: -- issue. 18 MR. EDWARDS: As I say, I'm really pleased with 19 what they're doing, and anything that's done is an 20 improvement for the city of Ingram. 21 COMMISSIONER OEHLER: I understand. 22 MR. EDWARDS: Thank you. 23 MR. GARCIA: The only thing I would submit to the 24 Court on these issues for the variances is that we -- the 25 Court recognize that in the event of a failure of one of 12-10-07 26 1 these systems -- we don't suspect that system will fail, but 2 in the event it does fail, is that what would the Court 3 require on this variance if it -- if it did fail? 4 COMMISSIONER BALDWIN: Good question. 5 MR. GARCIA: Other than that, we -- we want to work 6 with the city of Ingram; we want to do what we can to help 7 these people because of the sewer system. I won't use 8 "imminent," but the -- 9 COMMISSIONER OEHLER: Well, I believe if you use a 10 designer to go evaluate the problem, and then they come up 11 with a solution that -- that would last, in their opinion, 12 for at least two years, I think that that's a reasonable 13 request, and it would also save the landowner a lot of money. 14 And I do believe those variances need to be considered here 15 on a case-by-case. I don't think we can just give a blanket 16 variance for the city of Ingram. 17 COMMISSIONER LETZ: I agree on that point. But I 18 think the question would be, is if it fails, it needs to be 19 upgraded to a new standard so it's not failing. I mean, the 20 variance is only in effect to the point that the system is 21 operating as designed, which is correctly and efficiently. 22 If it doesn't, then additional work has to be done, even 23 during the variance period, in my mind. 24 MR. GARCIA: Exactly. And that's what we want to 25 make sure, that if it does fail, is the Court going to 12-10-07 27 1 require that they install a full system? 2 JUDGE TINLEY: Or whatever is required to bring the 3 system into an efficient operation that's in compliance with 4 health and safety norms. 5 MR. GARCIA: Yes, sir. 6 MR. DIGGES: In this instance, what we can do -- 7 what we've basically done is, the property has already 8 changed hands, and they've escrowed money for the full-blown 9 system, but we've also given them the price for the smaller 10 system. So, in this instance, if you all want us to, we 11 could have them hold that additional money in escrow until it 12 actually hooks up to city sewer, and then that -- that money 13 can be released back to the sellers. 14 JUDGE TINLEY: I don't know that we want to get 15 involved in somebody's private transaction. I think we're in 16 a position to talk about variances and what happens in the 17 event the variance is granted. If it doesn't work like it 18 should be in a properly operating system, then that's going 19 to therefore require you to upgrade the system to one that is 20 properly operating, whatever that may be. But I don't think 21 we need to get involved in someone's private transaction. 22 COMMISSIONER LETZ: I mean, that's between the 23 buyer and the seller. If they want to leave the money in 24 escrow, that's up to them. 25 COMMISSIONER BALDWIN: What kind -- what kind of 12-10-07 28 1 system has failed there, Charlie? 2 MR. DIGGES: Well, we weren't asked to analyze the 3 existing system, but the -- apparently, a pumper went out 4 there and found that the tank was dry, and that it was an old 5 type tank and it was leaking -- apparently leaking. And we 6 did encounter -- when we did our soil profiles, we did 7 encounter the old drain field, and it was those old 1-foot 8 long clay tiles that are -- are left with an inch gap between 9 the whole series of them, a whole row of them. 10 COMMISSIONER BALDWIN: Mm-hmm. 11 MR. DIGGES: And I can -- I can offer the Court 12 this. You know, part of what makes a septic drain field fail 13 is the development of what's called the biomat, and it's just 14 a thick layer that gets more and more impervious over the 15 course of time. And, so, you're not going to have one. I 16 mean, it's going to -- it's not going to mature enough to 17 fail. So, this -- that system won't even start getting a 18 mature biomat till probably four or five years old, and so 19 I'm pretty confident -- like I said, we've analyzed a bunch 20 of systems back in the early '90's, and this is a typical 21 type hill country installation, that it didn't do real good 22 to Camp Meeting Creek, but as far as surfacing on the ground, 23 you know, we have a lot of installations out there where it 24 was a problem, you know, for collectively a bunch of them 25 going into Camp Meeting Creek. But -- but as far as it 12-10-07 29 1 surfacing on the ground, nothing would surface on the ground, 2 and it would not be an imminent or immediate health hazard. 3 COMMISSIONER BALDWIN: How many of these kind of 4 issues or situations are in the city of Ingram? 5 MR. DIGGES: I don't know. I think we're going to 6 see more. 7 COMMISSIONER BALDWIN: Well, could you estimate? 8 Is there hundreds? 9 MR. DIGGES: That I really don't know. You know, 10 you've got a lot of older homes there, that probably there's 11 -- I mean, Ray may know better than me, but there's probably 12 just a small percentage that have updated systems. So, the 13 type of system we're proposing is probably as good as the 14 average system there, and it's going to be brand-new. 15 COMMISSIONER BALDWIN: Ray, how does it work? 16 When -- I'm going to guess that there's lots of these kinds 17 of things in Ingram, and we -- you may be back in here every 18 month with one or two of these every month. Who knows? When 19 -- when these things do happen, is Charlie Digges locked in 20 to get all the business? Or how does that -- how does that 21 happen? 22 MR. GARCIA: No, it's whoever they hire. 23 COMMISSIONER BALDWIN: The private property owner 24 hires? 25 MR. GARCIA: Right. 12-10-07 30 1 COMMISSIONER BALDWIN: Okay. 2 MR. GARCIA: We provide a list of professionals -- 3 COMMISSIONER BALDWIN: Okay, good. 4 MR. GARCIA: -- to the public. 5 COMMISSIONER BALDWIN: You don't make a 6 recommendation? 7 MR. GARCIA: No. 8 COMMISSIONER BALDWIN: You don't say, "Oh, hey, 9 Charlie did the last one; you may want to talk to him"? You 10 don't do that, do you? 11 MR. GARCIA: No, we don't. 12 COMMISSIONER BALDWIN: Okay, thank you. 13 MR. GARCIA: You're welcome. 14 COMMISSIONER OEHLER: I think this is a good fix 15 for a bad problem, and it's a reasonable request. We have to 16 -- something has to be done because of the health and 17 environment risk, so I think it's -- 18 COMMISSIONER LETZ: Is that a motion? 19 COMMISSIONER OEHLER: I move -- I move that we -- 20 COMMISSIONER BALDWIN: Wait, I got one more 21 question. One more question. The variance -- the variances 22 under -- in our rules and regulations cover this kind of an 23 issue? 24 MR. GARCIA: No. That's why we're here, because if 25 it was a variance going through our department, the rules 12-10-07 31 1 state it's going to be equal to or better than. 2 COMMISSIONER BALDWIN: Okay. 3 MR. GARCIA: But, again, that's why we're up here, 4 is to get a variance from the Court, because it doesn't meet 5 the minimum state standard. But, again, as Charlie and Danny 6 had mentioned, from what was there to what Mr. Digges is 7 proposing, in anybody's book, is an upgrade. 8 COMMISSIONER OEHLER: And it's not meant to last 9 for 20 or 30 years. It's just meant to go for a couple 10 years, till we get -- 11 COMMISSIONER BALDWIN: Two years. 12 COMMISSIONER OEHLER: -- the sewer. 13 JUDGE TINLEY: Essentially, you're asking for a 14 temporary system. 15 MR. DIGGES: Yes. 16 JUDGE TINLEY: "Temporary" being a rather fluid 17 term here. 18 MR. DIGGES: Yes. 19 JUDGE TINLEY: All right. 20 COMMISSIONER OEHLER: I move that we grant a 21 variance from our rules to install a temporary septic system 22 on the Robert Dreiss property in Ingram, Texas. 23 COMMISSIONER LETZ: And the property's at 211 24 East -- 25 COMMISSIONER OEHLER: 211 -- 12-10-07 32 1 COMMISSIONER LETZ: 211 First Street, I guess. 211 2 First Street. 3 COMMISSIONER OEHLER: Yeah, 211 First Street. 4 COMMISSIONER LETZ: Second, with one addition. 5 JUDGE TINLEY: Motion made and seconded as 6 indicated. Question or discussion? 7 COMMISSIONER LETZ: And that does include, 8 Commissioner, that should the system fail during the variance 9 period, it will have to be required to be brought up to a 10 standard to meet health and safety requirements? 11 COMMISSIONER OEHLER: Yes, it does. 12 JUDGE TINLEY: Any further question or discussion 13 on the motion as indicated? All in favor of the motion, 14 signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: The motion does carry. Thank you, 19 gentlemen. We'll go to Item 4; open bids received for 20 digital video recording system for the Juvenile Detention 21 Facility and award of the appropriate bid. I have -- the 22 only one that's come to my attention is the one that I am now 23 opening. 24 (Discussion off the record.) 25 JUDGE TINLEY: The -- the only bid that has been 12-10-07 33 1 tendered to me is one from Guardian Security Solutions, and 2 the -- this meets and/or exceeds requirements with no 3 exceptions. The total is $37,130. Three copies included. I 4 don't recall what the budgeted or anticipated amount was. Do 5 you recall, Mr. Stanton? 6 MR. STANTON: Yes, sir. It was 50,000. 7 JUDGE TINLEY: Okay. 8 MR. STANTON: That's what was budgeted at the 9 beginning of the year. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER LETZ: I move we accept the bid and 12 refer it to Mr. Stanton for evaluation and recommendation. 13 JUDGE TINLEY: Would that be in connection also 14 with Mr. Trolinger, the I.T. Manager? 15 COMMISSIONER LETZ: If he needs to be involved with 16 it, yes. 17 JUDGE TINLEY: Okay. 18 COMMISSIONER OEHLER: Second. 19 JUDGE TINLEY: Motion made and seconded as 20 indicated. Question or discussion on the motion? 21 COMMISSIONER BALDWIN: I would just -- all of these 22 specifications in our backup, there's a lot of stuff -- 23 JUDGE TINLEY: Uh-huh. 24 COMMISSIONER BALDWIN: -- here, and I hope that 25 they would go down this list and make sure these bids meet -- 12-10-07 34 1 JUDGE TINLEY: The bidder indicated -- 2 COMMISSIONER BALDWIN: I know what they indicated. 3 JUDGE TINLEY: So, certainly, they need to verify 4 that. 5 COMMISSIONER BALDWIN: Yes, sir. 6 COMMISSIONER LETZ: And if you can come back before 7 we leave today, we can approve it. 8 MR. STANTON: Yes, sir, I will. 9 JUDGE TINLEY: Any further question or discussion 10 on that motion? All in favor of the motion, signify by 11 raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: The motion does carry. We'll move 16 to Item 5; consider, discuss, and take appropriate action on 17 how to allocate excess funds from the '06-'07 library budget. 18 Commissioner Oehler? 19 COMMISSIONER OEHLER: This reappeared this month, 20 and there has not been another meeting of the Library Board 21 to find out what that amount is. But if we could take action 22 and decide now, determine how we want to apply those funds or 23 what we want done with whatever excess funds are -- 24 COMMISSIONER BALDWIN: What are our options? 25 COMMISSIONER OEHLER: Well, I think we have an 12-10-07 35 1 option to allocate that toward a part of our commitment for 2 this year. 3 COMMISSIONER BALDWIN: Mm-hmm. 4 COMMISSIONER OEHLER: As a -- a credit toward what 5 we have budgeted this year. Or we could make a donation of 6 it to the library to be used for whatever way they intend to 7 use it, or I think we could ask for them to send us a check. 8 COMMISSIONER BALDWIN: Send us a check back and run 9 it back through our system. 10 COMMISSIONER LETZ: I'd rather -- well, go ahead. 11 COMMISSIONER BALDWIN: And are you -- are you 12 pretty comfortable, if we -- if we left it there and just 13 asked them to apply it as a credit to what we committed this 14 year, are you pretty comfortable that that can happen, and -- 15 COMMISSIONER OEHLER: Well, we would just not 16 send -- 17 COMMISSIONER BALDWIN: That much. 18 COMMISSIONER OEHLER: -- that money. We'd deduct 19 that from our amount that we've allocated and budgeted, 20 and -- would be my suggestion. 21 JUDGE TINLEY: The bean counter has -- 22 COMMISSIONER OEHLER: Bean counter says we can't do 23 it? 24 MS. HARGIS: I would rather get a check from them. 25 Because there was so much confusion last time, I think we 12-10-07 36 1 should just get a check. 2 COMMISSIONER OEHLER: Okay. 3 COMMISSIONER BALDWIN: She's probably right. 4 COMMISSIONER LETZ: Better for paperwork. 5 MS. HARGIS: It's a better paper trail. 6 COMMISSIONER OEHLER: Then we can decide what we 7 want to do with it. 8 JUDGE TINLEY: Okay. 9 COMMISSIONER OEHLER: I'll move that we ask the 10 City of Kerrville to give us whatever funds that are left 11 over from last year's library budget that the County funded, 12 and be returned in the form of a check. 13 COMMISSIONER BALDWIN: Second. 14 COMMISSIONER LETZ: Second -- third. 15 COMMISSIONER BALDWIN: Motion made and seconded as 16 indicated. Question or discussion? All in favor of the 17 motion, signify 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: Motion does carry. Let's move to 22 Item 8, if we might, to consider, discuss, and take 23 appropriate action concerning a deed without warranty filed 24 by Energy/Land, Inc., to Kerr County for property located in 25 Precinct 1. Apparently the easements were transferred to 12-10-07 37 1 Kerr County some years ago, or to the public, possibly, in 2 connection with the platting process, and the grantor in this 3 non-warrantied deed has been paying taxes on this property 4 for a number of years, and they'd like to stop that, so they 5 just filed a deed. The question is, apparently we probably 6 need to accept that conveyance. Is that correct, Mr. County 7 Attorney? 8 MR. EMERSON: Yes, Judge. 9 JUDGE TINLEY: Okay. 10 MR. EMERSON: And this is prior to Len's time. 11 This is just another one of the corrections of the road 12 system. 13 JUDGE TINLEY: Goes back a ways, doesn't it? 14 MR. EMERSON: Yes, sir. 15 MR. ODOM: Right. 16 COMMISSIONER BALDWIN: I move that we do accept the 17 deed filed by Energy/Land, Inc., to Kerr County at this 18 particular location -- and, I'm sorry, I don't -- .43-acre 19 tract, R13384, I think would specify the location. 20 COMMISSIONER LETZ: Off Lehmann Drive South. 21 Second. 22 JUDGE TINLEY: Motion made and seconded to accept 23 the conveyance as indicated. Question or discussion? All in 24 favor of the motion, signify by raising your right hand. 25 (The motion carried by unanimous vote.) 12-10-07 38 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. Let's move 4 to Item 9; consider, discuss, and take appropriate action 5 concerning expiration of a lease for Cat 924 loader and -- 6 and 12H maintainer. 7 MR. ODOM: Yes, sir. 8 JUDGE TINLEY: Mr. Odom? 9 MR. ODOM: Good morning. 10 COMMISSIONER OEHLER: Good morning. 11 MR. ODOM: We have leased two pieces of equipment 12 from Caterpillar Lease for five years, and the leases will 13 expire at the first of the year. We contacted Cat for terms 14 to continue the lease, and found the following information. 15 In reference to our Cat loader, it expires January the 6th, 16 2008. We currently pay $1,037.95 per month, and the purchase 17 price is 41,269.20. To extend the lease for one year would 18 be $934.16, with the purchase price of $37,485 in January of 19 '09. We would like to work with the Auditor -- and Jeannie 20 was gone last week, and I had talked to Tommy; he was there. 21 But we'll get with the Auditor to -- we'd like to purchase 22 this loader now at $41,269.20. We have some options with the 23 lease money we have. We can lease -- purchase this, and I 24 believe make the payments over a five-year period. We have 25 about 1,100 hours on this loader, very low hours. To go back 12-10-07 39 1 out, you're talking about $100,000 or more for a new one, up. 2 120, probably, and so this is a good buy. This loader is not 3 worn out. It would last us a very long time. We feel like 4 41,000 is appropriate. So, we have the money that's there in 5 this year's budget already, and probably have some excess 6 funds left that we could apply to the note, or to pay down, 7 but I'll let the Auditor play with the figures, but we would 8 like to purchase that. The 12H motor grader has an 9 expiration of lease February 4th of '08. We're currently 10 paying $1,277, with the purchase price of $116,000. Cat will 11 not extend the lease on this piece of equipment. We would 12 like to replace this motor grader with a smaller new one, 13 either five-year lease or amortized purchase. So, we -- I 14 have looked out there off the Buy Board, and TexDOT's -- 15 there's some smaller units. They're not Cat; Cat didn't have 16 the A.G. -- the Houston thing. But a new one out there with 17 scorifier and cab and all like that, a smaller blade, 12-foot 18 blade, would run about $119,000, so we would like to look at 19 that. We're not -- we'll come back to you probably in 20 January, when I have a little bit more information. I've got 21 a little bit of time on the 12H, but we're probably going to 22 let that go back. I think that we have discussed that in the 23 past, that I wanted to go to smaller units. This gives me an 24 opportunity to do that. And I think, dollar-wise, we'd be 25 better off than spending the money on this big 12H when I 12-10-07 40 1 have plenty of 12H's out there. They can always switch -- 2 the crews can switch, depending on the job, if I have some 3 smaller ones. And this one is back in Buster's area 4 predominantly, so we're in, you know, a tighter area, and I 5 feel like we could accomplish more. When we need a big one, 6 we'll just switch out and use one -- one of the 12H's that we 7 have. 8 COMMISSIONER LETZ: I think that's a good thing to 9 do, get a smaller one. Can you go over -- back on the 10 loader, where is that money coming from -- 11 MR. ODOM: Well, I have the lease right now. 12 COMMISSIONER LETZ: -- in the budget? 13 MR. ODOM: Based upon 1,037.95. And, so, I looked 14 at it this morning; I was just running some numbers. We're 15 probably looking at -- I don't know, about a $41,000 note. 16 If I just -- you're looking at approximately $600 a month 17 payment, and I'm basing that on a 5 percent municipal loan. 18 Probably -- that's probably where it's going to come out, 19 with the fed. I think interest rates are dropping, and will 20 continue to drop for some time. 21 COMMISSIONER LETZ: So, you're looking at 22 directions today as to which way to proceed? 23 MR. ODOM: That's right, sir. 24 JUDGE TINLEY: Well, I think -- I think on the 25 loader, since he's got early January, he's got to -- he's got 12-10-07 41 1 to tell them which direction -- 2 MR. ODOM: I got to make a decision on this. 3 JUDGE TINLEY: Whether purchase or re-lease -- 4 renew his lease. I think he wants some specific action on 5 the loader today. The grader, we can wait till next month. 6 MR. ODOM: January, mm-hmm. 7 JUDGE TINLEY: You don't have the entire $40,000 in 8 your budget -- 9 MR. ODOM: No, sir. 10 JUDGE TINLEY: -- to make the entire purchase? 11 MR. ODOM: No. 12 JUDGE TINLEY: Are you suggesting that maybe we -- 13 we handle that as part of our capital package that the 14 Auditor's working on now? 15 MR. ODOM: We certainly could. And we could apply 16 that amount of money, which is around $9,100, back in, you 17 know, reducing that portion there if we did it that way. 18 COMMISSIONER LETZ: I mean, he can just deal with 19 this like we did with them all. I'll just make a motion that 20 we authorize the Road and Bridge Department to pursue 21 purchasing the 924 Cat loader number -- Vehicle Number 22 6YW00908, and work the details out with the Auditor as to the 23 best way to accomplish this, and use the lease funds towards 24 that purchase price. Certainly, it's far better -- that's my 25 motion. 12-10-07 42 1 COMMISSIONER OEHLER: Second. 2 JUDGE TINLEY: Motion made and seconded as 3 indicated to authorize the purchase as indicated for the 4 loader. Question or discussion on the motion? 5 COMMISSIONER LETZ: Discussion. Just in your 6 conversation with Caterpillar, you might mention to them that 7 extending the lease for one year and getting a $4,000 credit 8 seems a little bit harsh, in my mind. And in the same tone, 9 I think we may want to start looking at, taking into 10 consideration on future bidding for this large equipment, the 11 leases of them. Caterpillar leases are not real favorable 12 sometimes. I mean, I think John Deere has a much better 13 lease-purchase program. You may -- you know, it may be a 14 consideration in the future on some of these. 15 MR. ODOM: I looked at John Deere, but my problem 16 runs when you start running the smaller maintainers, you 17 don't hit the 20,000 mark. You'll hit up above 24,000, 18 30,000. Then you'll hit 15 and 17, and there's not this 19 niche. But I certainly have been considering John Deere. 20 That yellow paint is getting more and more expensive. And, 21 you know, if they don't want to lease something at 116,000 22 residual, they'll go out and they'll make themselves $40,000 23 or $50,000 by selling that 12H, which is fine. But to meet 24 my purposes, I believe that we're better off -- that's the 25 reason I say we can take the 924, 'cause I couldn't -- you 12-10-07 43 1 can't find one that -- with 1,100 hours on it for that kind 2 of price. 3 COMMISSIONER LETZ: Anyway, and then you'll come 4 back to us on the other item? 5 MR. ODOM: Yes, sir, come back later on. Just give 6 me a little bit of time. But I wanted -- January is the -- I 7 have to make the decision on that loader. 8 JUDGE TINLEY: Any further question or discussion 9 on the motion? All in favor of the motion, indicate by 10 raising your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: The motion does carry. Thank you, 15 Mr. Odom. And you'll be back next month on the -- on your 16 loader issue? 17 MR. ODOM: Maintainer. 18 JUDGE TINLEY: Excuse me, maintainer. 19 MR. ODOM: Yes, sir. 20 JUDGE TINLEY: Okay. Let's go to Item 10, if we 21 might; consider, discuss, and take appropriate action for 22 concept plan of Camp Verde Store located in Precinct 2. 23 Mr. Odom? 24 MR. ODOM: Yes, sir. Camp Verde Store has 25 purchased the adjacent lot for 2.01 acres, and wishes to plat 12-10-07 44 1 it as one piece of property. This will make a 3.42-acre 2 commercial tract. And so, under commercial, I'm bringing it 3 to the Court. I don't see a problem. I think this -- there 4 was a problem of the way they originally conceived this, and 5 they've corrected this, and I think that it is appropriate. 6 But, then again, it is commercial, and I bring that before 7 the Court as far as being able to combine these into one lot. 8 COMMISSIONER LETZ: Let me give a little history. 9 I've been involved with this one; it's a bit of a confusing 10 situation. The whole parcel was originally one tract. It 11 was an illegal subdivision split, and the store kind of was 12 carved out by itself, and the cemetery for the Walters family 13 was kind of held by the Walters family. The store then 14 needed to upgrade the septic, and they didn't have enough -- 15 they're putting in an aerobic one, but regardless of the type 16 of system, they didn't have enough land; they couldn't put it 17 in. They were kind of -- their hands were tied. Nothing 18 they could do to put in a legal septic system on the tract 19 that they bought. And meanwhile -- and it was all brought to 20 the Court, and -- or brought to Road and Bridge as an illegal 21 subdivision by O.S.S.F. when they found it. For the last 22 year or so, they've been working with O.S.S.F. department -- 23 or Environmental Health Department, and also, Commissioner 24 Williams arranged a meeting between the Walters family and 25 the Camp Verde Store folks. They were going to -- as a 12-10-07 45 1 solution, what they finally agreed to do was to buy the rest 2 of the Walters property, which would give them enough 3 property to put a system in. The issue was, does this need 4 to be platted? They're taking what was an illegal 5 subdivision and then going back to initial plat. If they 6 would have bought the whole thing originally, it wouldn't 7 have to be platted; just a piece of property they bought. 8 But since there was an illegal subdivision in the middle is 9 kind of how it got to us today to make a determination. Does 10 it needs to be platted or not? And I -- Rex is aware of it, 11 and I don't know -- you know, I don't have an opinion. I 12 don't think they have a strong feeling one way or the other. 13 They would plat it if we say so. That's kind of where it is. 14 And then they -- you know, I guess the purchase -- the 15 closing -- does anyone know, did the closing take place on 16 the 7th? Does anyone know? 17 MR. GARCIA: I never received word of that. 18 COMMISSIONER LETZ: It was set to close, the 19 purchase, last Friday, I believe. I have no idea if it did 20 or didn't. But the determination was, you know, what do we 21 need to do? Because the -- Environmental Health is holding 22 up the septic based on platting rights. Now, assuming they 23 purchased it, that all got -- 24 COMMISSIONER OEHLER: Should they follow the 25 revised plat and move the lot lines if it were illegal to put 12-10-07 46 1 there to start with? 2 COMMISSIONER LETZ: It wouldn't be revised, 'cause 3 there's never been a plat. 4 MR. ODOM: Metes and bounds. 5 COMMISSIONER LETZ: We can make them plat a one-lot 6 subdivision, or we can say it doesn't need to be platted, and 7 Environmental Health can work with them as a -- you know, 8 that's the -- and I think it's more for clarification to 9 Environmental Health to know what they have to do. And if we 10 require platting, I would recommend that we authorize 11 Environmental Health to proceed with the O.S.S.F. during the 12 platting process. 13 COMMISSIONER OEHLER: But they basically -- what 14 they've done, though, is they've -- they had a -- the 15 1.41 acres. 16 COMMISSIONER LETZ: Right. 17 COMMISSIONER OEHLER: And that, in itself, is a 18 lot, right? 19 COMMISSIONER LETZ: It wasn't originally, but it 20 was when they bought it. 21 COMMISSIONER OEHLER: It was when they bought it, 22 because that was an illegal deal. 23 COMMISSIONER LETZ: Right, an illegal subdivision. 24 And I think the -- Rex has been involved with this for some 25 time, and I got involved with it as well. One of the issues 12-10-07 47 1 was this was not -- you know, we were holding their feet to 2 the fire on the platting originally, because these weren't 3 uninformed buyers and sellers here originally. I mean, 4 certainly, the Walters family is aware of platting 5 requirements, and the purchaser was using a large law firm 6 out of Houston; they should have been aware, so we said, 7 "Y'all are going to plat this." But then when they bought 8 it, the County comes up with -- 9 COMMISSIONER OEHLER: So what are you suggesting we 10 do? I mean, it's going to -- you just said -- well, you own 11 three -- two lots; now you're going to be crossing lot lines. 12 COMMISSIONER LETZ: I mean, I think that I would -- 13 my recommendation would probably be to make them plat it, 14 just to clean up -- clean it all up. And then -- 15 COMMISSIONER OEHLER: Make it all one lot. 16 COMMISSIONER LETZ: One-lot subdivision. Plat it 17 as a one-lot subdivision, but authorize Environmental Health 18 Department to grant -- or give the permit for construction of 19 a new septic system during the platting process. 20 COMMISSIONER BALDWIN: Second. You're exactly 21 right. 22 JUDGE TINLEY: That was a motion? 23 COMMISSIONER LETZ: Yes, that was my motion. 24 JUDGE TINLEY: Okay. We have a motion and second 25 as indicated. Further question or discussion? All in favor 12-10-07 48 1 of the motion, signify by raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 COMMISSIONER BALDWIN: That motion does carry. It 6 is now 10 o'clock, so we will go to the timed item. Item 6; 7 consider, discuss, and take appropriate action for concept of 8 revision of plat for 707 Ranch, as set forth in Volume 7, 9 Page 347, Plat Records, and set a public hearing for the 10 same. 11 MR. ODOM: Yes, sir. The original plat of 707 12 Ranch is 16.07 acres with two lots. Mr. Carswell is dividing 13 his 9-acre Lot 1, making it a three-lot subdivision. Each 14 lot is over 3 acres, served by Aqua Texas Water Systems. The 15 owner of Lot 2 is purchasing the new lot. Since all parties 16 will be involved, I have a question to the Court. Is it 17 necessary to set a public hearing? If so, we ask that you 18 set it for January the 14th, 2008, at 10 a.m. 19 COMMISSIONER LETZ: Can you explain -- go over that 20 again real quick? 21 MR. ODOM: Sir? 22 COMMISSIONER LETZ: My mind was on the last one. I 23 was going -- can you say that again? 24 MR. ODOM: We're trying to -- we're trying to find 25 out if it's necessary to have a public hearing. We have -- 12-10-07 49 1 the subdivision involves two people. The purchaser of Lot 2 2 is purchasing the changed 1B, so we got the same people 3 involved in it. Do we need to have a public hearing? 4 COMMISSIONER LETZ: No. 5 MR. ODOM: Good. 6 COMMISSIONER LETZ: Not under our new rules. 7 Correct? 8 MR. ODOM: Then we would construe this as an 9 amended lot, then? 10 COMMISSIONER LETZ: Yeah, this is an amended lot. 11 MR. ODOM: Taking one and creating -- we're not 12 removing a lot. But that was one of the questions I have. 13 We -- we are creating a new lot. We're not just taking a lot 14 out or changing an angle. So, it is an amended lot, then? 15 COMMISSIONER LETZ: Wait, wait. 16 MR. EMERSON: Wait, wait. No. 17 MR. ODOM: I take it to be a revision. 18 (Discussion off the record.) 19 MR. ODOM: Is it a new lot? 20 AUDIENCE: Yeah, a new lot. 21 COMMISSIONER LETZ: You're right, Leonard. 22 MR. ODOM: It's a revision? 23 COMMISSIONER LETZ: Revision. 24 MR. ODOM: So it will need a public hearing? We 25 need to set that for January 14, 2008, at 10 a.m? 12-10-07 50 1 COMMISSIONER LETZ: I think so, but let me -- hold 2 on a second. Let me find this. 3 MR. ODOM: It's somewhat ambiguous. I've scratched 4 my bald head a couple of times. 5 COMMISSIONER LETZ: Is that what happened? 6 (Discussion off the record.) 7 COMMISSIONER LETZ: Revision. Public hearing is 8 required. 9 MR. ODOM: Okay. Can I have a motion to -- 10 COMMISSIONER OEHLER: I move that we -- 11 COMMISSIONER LETZ: Set a public hearing. 12 COMMISSIONER OEHLER: -- set a public hearing for 13 January -- 14 COMMISSIONER BALDWIN: 14. 15 COMMISSIONER OEHLER: -- 14th. 16 MR. ODOM: 2008, at 10 a.m. 17 COMMISSIONER OEHLER: On the agenda item. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded to set a 20 public hearing on this matter for January 14th, 2008, at 21 10 a.m. Question or discussion on the motion? All in favor 22 of the motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 12-10-07 51 1 JUDGE TINLEY: That motion does carry. Let's move 2 to Item 12, to consider, discuss, and take appropriate action 3 concerning a final revision of a plat for Lot 67 of Cypress 4 Springs Estates, Phase 2, Section One, as set forth in 5 Volume 7, Page 172, Plat Records, and located in Precinct 4. 6 MR. ODOM: Yes, sir. This plat was done under the 7 alternate plat process to correct a division of property by 8 relatives. Mr. Holloway is giving land to his grandson, 9 Mr. Boothby. 10 MS. HARDIN: Wrong one. You're on the wrong one. 11 MR. ODOM: Huh? 12 MS. HARGIS: Twelve. 13 MS. HYDE: Hill River. 14 JUDGE TINLEY: No, Cypress. 15 MR. ODOM: Huh? 16 COMMISSIONER OEHLER: Cypress Springs. 17 MR. ODOM: Which one? 18 MS. HARDIN: Cypress Springs. 19 MR. ODOM: Cypress Springs? 20 COMMISSIONER LETZ: It's Hill River. 21 JUDGE TINLEY: No, we're on Item 12. 22 COMMISSIONER LETZ: Oh. 23 COMMISSIONER OEHLER: Oh, he jumped to Item 12. 24 JUDGE TINLEY: It's not 10:10. 25 MR. ODOM: Okay. Cypress Springs at the back, 12-10-07 52 1 okay. Well, we could have -- when Don Voelkel was here, we 2 could have waited. Anyway, we could put that last. I'm 3 sorry, Don, I forgot you were here. The public hearing for 4 this revision was done in November. This revision was done 5 under the alternate plat process. The .68 acres of land was 6 previously unplatted, and they are adding it to Lot 67 in 7 Cypress Springs Estates, Phase 2, Section One. At this time, 8 we ask that you approve the plat as presented. 9 COMMISSIONER OEHLER: So moved. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE TINLEY: Motion made and seconded for 12 approval of the agenda item. Question or discussion? All in 13 favor of the motion, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: That motion does carry. We'll move 18 to Item 14; consider, discuss, and take appropriate action to 19 ratify and confirm submission of application to AACOG for 20 Solid Waste grant to purchase two vehicles for Environmental 21 Health and authorize a resolution in support of the same. I 22 put this matter on the agenda at the request of Environmental 23 Health. The deadline for submission of the grant request -- 24 the application was last Friday. That was accomplished. The 25 Environmental Health is asking that that application be 12-10-07 53 1 confirmed. It cannot go forward, however, without the Court 2 passing a resolution in support of the same, which is the 3 action before the Court today also. 4 COMMISSIONER BALDWIN: Judge, I'd move that we 5 approve the resolution and authorize Mr. Garcia to go before 6 AACOG and get his money for his vehicles. 7 COMMISSIONER OEHLER: I think that's a wonderful 8 idea. I'll second it. 9 JUDGE TINLEY: Does that include ratification of 10 the submission of the application? 11 COMMISSIONER BALDWIN: I expect so. 12 JUDGE TINLEY: Okay. All right, we have a motion 13 and a second. Question or discussion on the motion? All in 14 favor of the motion, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: That motion does carry. Let's go to 19 Item 15; consider, discuss, and take appropriate action on 20 appointing a committee to review and present recommendation 21 to Commissioners Court on long-range facility needs of the 22 Kerr County Jail and Law Enforcement Center. Commissioner 23 Letz? 24 COMMISSIONER LETZ: I put this on the agenda. We 25 talked about this once before. Sheriff was here a minute 12-10-07 54 1 ago. But the Sheriff and I worked this up together. I 2 really -- today I don't think we need to appoint the 3 committee. This is -- I put it on the agenda really more to 4 make sure everyone is in agreement, if there's any addition 5 to the charge of the committee, and just put everyone -- you 6 know, I'll put it on our first meeting in January to come up 7 with -- each of us to nominate someone for the committee or 8 bring up a name. 9 COMMISSIONER BALDWIN: Well, Commissioner, I think 10 some of those fellows on that original committee that built 11 the original jail are still around. Would you like to just 12 kind of renew their -- 13 COMMISSIONER LETZ: No. But I -- 14 COMMISSIONER BALDWIN: I don't know what the 15 hesitancy is about. 16 COMMISSIONER LETZ: The -- and I think this is 17 going to be somewhat of a time-consuming job. And -- 18 COMMISSIONER BALDWIN: Sure. 19 COMMISSIONER LETZ: And I think it's going to be -- 20 two things that I think we all just need to kind of think 21 about, and maybe select, one, someone who'll put the time 22 time in, 'cause I think it's important, and I think it's 23 something that you need to look at, and also I would hope we 24 could come up with a diverse group from different 25 backgrounds, and from different -- not all retirees; I'll say 12-10-07 55 1 that. Because I think that you have different perspectives 2 of different -- you know, depending on what you're doing. 3 And I think that, you know, I certainly -- and retirees are a 4 great resource, and I think we need to have some on here, 5 hopefully, but I think we'd like to get some other people 6 that are more in the workforce, so to speak, right now. I 7 think that's another good thing, to get a different breadth 8 of people on this committee. The Sheriff will not be on the 9 committee; he will not be appointing anybody. He will be an 10 advisory person to -- kind of a resource to them. 11 JUDGE TINLEY: He won't -- he won't be -- 12 COMMISSIONER LETZ: Not a vote. 13 JUDGE TINLEY: And he won't be able to say anything 14 to them; is that right? 15 COMMISSIONER LETZ: Well, I don't know that -- I 16 don't think that it would ever be possible to keep the 17 Sheriff muzzled, but he will be mostly serving as a resource 18 to the committee, not trying to drive the school bus. But 19 the -- anyway, this is the idea we came up with. We want 20 them to look at lots of things, including -- I know 21 Commissioner Baldwin has brought up looking at the 22 possibility of housing them in tents and things of that 23 nature. That is included in here under the jail standards 24 portion. We -- I actually talked about that in our meeting 25 the other day. It is possible to, although I'm not sure 12-10-07 56 1 it'll save much money because of all of the requirements we 2 have to -- things we have to put in the tent to make it meet 3 the jail standards requirements. But I think it's something 4 certainly to look at. 5 COMMISSIONER BALDWIN: Well, you know, there are 6 some folks here in the county that are really interested in 7 that, and we can sit here and talk about it all day long and 8 never really get an answer to those folks. 9 COMMISSIONER LETZ: Right. 10 COMMISSIONER BALDWIN: And hopefully when we get to 11 that part of it, we can have Adan or somebody from his place 12 to come down here and make a presentation in a workshop-type 13 setting, and say, "You can do this and you cannot do that." 14 Let's get on down the road. 15 COMMISSIONER OEHLER: Could get Sheriff Joe from 16 Arizona to come down and make a presentation. 17 COMMISSIONER LETZ: But, anyway -- 18 COMMISSIONER OEHLER: Bring some of his uniforms 19 with him. 20 COMMISSIONER LETZ: The purpose today is to put it 21 on the agenda so everyone can be thinking about it, talking 22 about it. Hopefully on January -- first meeting in January, 23 we'll actually make the appointments to it. 24 COMMISSIONER BALDWIN: Super exciting. 25 COMMISSIONER LETZ: If anybody has any changes or 12-10-07 57 1 additions, we can certainly make that at the same time. 2 That's it. 3 JUDGE TINLEY: Okay, thank you. Anything further 4 on that particular agenda item? 5 COMMISSIONER LETZ: No, sir. 6 JUDGE TINLEY: Let's go to our timed 10:10 item, if 7 we might. That's Item 7, to consider, discuss, and take 8 appropriate action on final revision of plat for Hill Country 9 -- excuse me, Hill River Country Estates, as set forth in 10 Volume 2, Page 118 and 119 of the Plat Records, and located 11 in Precinct 2. Okay. We're ready to go on Hill River 12 Country Estates, -- 13 MR. ODOM: All right, thank you. 14 JUDGE TINLEY: -- Mr. Odom. 15 MR. ODOM: The plat was done under the alternate 16 plat process to correct a division of property by relatives. 17 Mr. Holloway is giving the land to his grandson, Mr. Boothby, 18 who you met back in September, when the Court allowed 19 Mr. Boothby to install and operate the O.S.S.F. while the 20 platting process could be completed. The process is now 21 complete. However, the Boothbys do not have money for the 22 filing fees at this time. The surveyor has donated his time 23 and paid the Environmental Health fees. At this time, we ask 24 the Court to consider waiving the county fees and approve the 25 plat as -- as presented. As of this morning, I -- Truby 12-10-07 58 1 tells me that O.S.S.F. apparently called Friday -- late 2 Friday afternoon and said that they had a problem with their 3 O.S.S.F., with the wording on the plat, because it does not 4 comply with the state standards. Ray's here, and I want to 5 turn it over to him. But as far as the plat is concerned, to 6 my knowledge, this is ready to go, with the exception maybe 7 of the wording that O.S.S.F. has as far as signing off on it. 8 MR. GARCIA: Although the situation is improving 9 here, the plat doesn't meet the current state standards for 10 the subdivision, and in this instance, we're requesting that 11 the Court give some guidance on how we can change the wording 12 on that, or possibly just grant a variance for that. 13 COMMISSIONER BALDWIN: What's the wording that you 14 have a problem with? 15 MR. GARCIA: On the O.S.S.F. wording? It's just -- 16 it doesn't meet standards, so we were just asking that the 17 Court give some guidance. 18 MS. HARDIN: The smaller lots where Mr. Holloway 19 sold land to existing lots, those existing lots were so small 20 that even when they purchased this land from him, they're too 21 small for state standards. So, it's improved the subdivision 22 of those lots as a whole, but they still don't meet the state 23 standards. 24 COMMISSIONER BALDWIN: Let me ask a question. Let 25 me try to get something clear in my mind here. Is this the 12-10-07 59 1 young man that had been to Iraq or -- 2 MS. HARDIN: Yes. 3 MR. ODOM: Yes. 4 COMMISSIONER BALDWIN: And he's there, isn't he? 5 Back of the room right there. Welcome home. 6 MR. BOOTHBY: Thank you. 7 COMMISSIONER BALDWIN: It seemed to me -- or maybe 8 my memory is not as good as it used to be -- no comment. But 9 it seemed -- I remember us saying that we were going to do 10 everything that we could to see that this young man's needs 11 were met. Now, I don't know why we're bogging down over some 12 words here. I'm not sure why we're doing that. 13 COMMISSIONER LETZ: I suspect it's only because we 14 can give a variance of this type. 15 COMMISSIONER BALDWIN: And the variance is 16 available here, even though it's outside the state rules and 17 all of that, huh? 18 COMMISSIONER LETZ: Well, I mean, there was -- 19 these lots were smaller. I mean, they're lots. They can 20 build a house on them; nothing in state law prohibits them 21 from being able to construct on them. They did a revision, 22 and they're still small, so I'd say yes. And I'll make a 23 motion that we grant a variance on the lot size for the -- 24 I'm thinking -- I got to think about what we just did in our 25 newest rules. This is a -- this was done prior to our new 12-10-07 60 1 rules being in place. I'll make a motion that we grant a 2 variance on the lot size, or the O.S.S.F. requirements 3 related to lot size. 4 MR. ODOM: And that you would waive the fees? 5 COMMISSIONER LETZ: And that we'll waive plating 6 fees. 7 COMMISSIONER BALDWIN: Yes. Second. 8 MS. HARDIN: County fees. The county fees. 9 COMMISSIONER LETZ: County platting fees. 10 JUDGE TINLEY: We have a motion and a second as 11 indicated. Question or discussion on the motion? All in 12 favor of the motion, signify by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: That motion does carry. Let's move 17 now to Item 13; consider, discuss, formulate and adopt Kerr 18 County's official position regarding the utilization of the 19 Kerr County Airport Authority created under House Bill 956, 20 and approved by the voters of Kerr County on May 22nd, 1970, 21 and forward same to Texas Attorney General, Greg Abbott, and 22 appropriate action as may be required. 23 COMMISSIONER LETZ: Judge, can I ask you to defer 24 this one, to pass on it till after the break? 25 JUDGE TINLEY: Sure. 12-10-07 61 1 COMMISSIONER LETZ: The reason is, Commissioner 2 Williams asked me to present this. I want to look at some of 3 his backup in a little more detail. 4 JUDGE TINLEY: Okay, not a problem. I assume that 5 no member of the Court has any problem? 6 COMMISSIONER BALDWIN: None. 7 JUDGE TINLEY: Let's move to Item 16; consider, 8 discuss, and take appropriate action on reviewing current 9 burn ban implementation and notification procedures, 10 exemptions for prescribed burn during a burn ban, and web 11 site revisions related to the burn ban. Commissioner Letz. 12 COMMISSIONER LETZ: You're not giving me time to 13 regroup at all over here, are you? 14 JUDGE TINLEY: No. 15 COMMISSIONER LETZ: I put this on the agenda. I 16 think our administrative assistant, Jody, gave us what her 17 current procedures are as well this morning. First thing, on 18 the notification process, it seems to me that most of what 19 she is doing and the calls can be -- this can all be handled 20 just by one e-mail going out to everybody. And I think 21 everyone is -- I mean, by looking at your list, if we could 22 get the volunteer fire departments, that would even be 23 better, but -- you know, 'cause I don't think dispatch will 24 tone them out. That would go -- but I think we just need to 25 add all we can to our distribution and just have one e-mail 12-10-07 62 1 sent out through your office. That's the -- to me, the 2 easiest way to make sure everyone is informed. 3 COMMISSIONER BALDWIN: I agree. 4 COMMISSIONER LETZ: Do you have -- 5 COMMISSIONER OEHLER: I don't have any -- I can't 6 see anything wrong with that. I still feel -- there's 7 some -- there are some of my volunteer fire departments that 8 don't have a person in the building, or their computer is at 9 the fire station; there's nobody there to read it, so I still 10 call them. 11 COMMISSIONER LETZ: Right. 12 COMMISSIONER OEHLER: That's -- I take that 13 responsibility to do that myself, and try to do that as soon 14 as we do it one way or the other, so they know immediately 15 where the fire -- the burn barn stands. 16 COMMISSIONER LETZ: Okay. 17 JUDGE TINLEY: Can the -- 911 has the ability to 18 text message -- do a tone out and a text message to the 19 volunteer firemen; is that not correct? 20 COMMISSIONER OEHLER: I think they do. 21 COMMISSIONER BALDWIN: Yeah, through the pager 22 system. 23 JUDGE TINLEY: Mm-hmm, that's what I'm speaking of. 24 COMMISSIONER OEHLER: That would be wonderful if 25 they'd do that. Then everybody -- all the firefighters that 12-10-07 63 1 have the radios will be notified. They can -- 2 SHERIFF HIERHOLZER: I know they used to do that, 3 Commissioner, but after the director changed at 911, I don't 4 know if they do it any more. There may have been some 5 technicalities in there or something where they thought they 6 shouldn't. 7 COMMISSIONER BALDWIN: I think they do, because 8 he's always whining about having to pay for it. 9 SHERIFF HIERHOLZER: Okay. 10 COMMISSIONER BALDWIN: So it would seem to me that 11 they do it. 12 COMMISSIONER LETZ: So, that answered my question, 13 that it's Mr. Amerine's office. 14 COMMISSIONER BALDWIN: Yeah. 15 JUDGE TINLEY: What I'm suggesting is if -- if they 16 have that capability, and I believe they do, that when the 17 burn ban notification, either the placement of the burn ban 18 or lifting of the burn ban, goes to 911, that e-mail could 19 include a request that all volunteer fire departments serving 20 that particular area for which the notification is given do a 21 tone-out and text message to the volunteer fire department 22 members in that area. 23 COMMISSIONER OEHLER: I like that. 24 COMMISSIONER LETZ: I think that's good. Now, the 25 only other part is weekends, which it seems that we tend to 12-10-07 64 1 get a -- rains always begin on Saturdays and Sundays, it 2 seems. And, you know, what I've always done myself is I've 3 always called the Sheriff's Department, and that was it. I 4 think that the -- you know, I think it would be a good policy 5 probably to call the Sheriff, K.P.D. dispatch, and our 6 volunteer fire departments, make all those. And then I 7 e-mail Mr. Trolinger. More work for us, but -- 8 COMMISSIONER BALDWIN: E-mail Trolinger? 9 COMMISSIONER LETZ: I mean, I would not e-mail -- 10 COMMISSIONER BALDWIN: He enjoys those phone calls 11 real early in the morning. I call him early in the morning. 12 COMMISSIONER LETZ: But I think it will be good to 13 -- if Jody can give us the phone numbers. Only one I don't 14 have is K.P.D. dispatch. But that's, during the weekends, a 15 good -- if you do lift it during the weekend, so that at 16 least these people are notified. 17 COMMISSIONER BALDWIN: You know, it doesn't -- 18 like, if we -- if we were to call -- let's say we call Bill 19 Amerine and say, "Mr. Amerine, burn ban's on in my precinct. 20 Would you notify -- make sure that the fire chiefs are 21 notified?" By the process that you outlined, he would call 22 the -- the police department and do it. 23 JUDGE TINLEY: Yeah, PSAP dispatch center. 24 COMMISSIONER BALDWIN: So our phone call to the 25 police department accomplishes all of those things as well, I 12-10-07 65 1 would -- I would hope. You understand what I'm saying? 2 COMMISSIONER LETZ: Yeah. I just -- I mean, I 3 understand, but I just -- you know, I don't -- being an 4 entity that we have no direct tie over, being K.P.D., and 5 it's -- I mean, I'm not going to speak for what that group's 6 going to do. 7 COMMISSIONER BALDWIN: I understand. 8 COMMISSIONER LETZ: Do or not do. 9 COMMISSIONER BALDWIN: But in a perfect world -- 10 COMMISSIONER LETZ: In a perfect world, they could 11 do it. But I don't know, so I just tend to -- I always call 12 the Sheriff and I'll start calling K.P.D. and our volunteer 13 fire departments as well during the weekends, but I think if 14 we can -- you know, the main thing is to get the information 15 out to key people, what the burn ban -- what we're doing with 16 it. The other part of the agenda item that I -- or two other 17 items. One -- I wish Mr. Trolinger was here -- is related to 18 the web site. Currently, we have information on there that 19 just says at the very top of our -- it says "Burn Ban in 20 effect" or "not in effect," and call the number. I think it 21 would be really helpful to put in there, one, a precinct map 22 color-coded, with streets on it, and I've asked him to 23 prepare that for us. I think it would be very helpful to 24 have it on the web site for lots of reasons, but I think burn 25 ban is one that comes to mind quickly, so people know exactly 12-10-07 66 1 where they live, which precinct, 'cause a lot of them just 2 don't know that, or where their properties are. The other 3 thing is, the fact that we lift -- whether we're in a burn 4 ban or not in a burn ban state, the law still has 5 requirements as to outdoor burning, and I think that we 6 should at least reference that, and some of the those key 7 provisions related to wind and temperature and humidity. I 8 think we should summarize a couple of those key points and 9 let the public -- just because we, you know, lift the burn 10 ban doesn't mean they can go out and burn in a north wind. 11 It's against the law, and if they break the law, I expect the 12 Sheriff to cite them for it, whether we have a burn ban on or 13 not. And that would -- generally, that's the reason we have 14 fires. You know, at times forecasts are wrong and things 15 happen. That's understandable. We're never going to get rid 16 of them, but -- Mr. Trolinger's here. John, do you know 17 where we are on our precinct map, color-coded, that we can 18 zoom in on with streets? 19 MR. TROLINGER: I have asked the 911 Commission for 20 their electronic maps, since we had a problem scanning the 21 paper copy, and I have not received that yet, but I think 22 we'll be posting an electronic version soon, hopefully by the 23 end of this month. 24 COMMISSIONER LETZ: Okay. Well, the other item 25 was, I think we need to add a little bit more information. 12-10-07 67 1 I'll be glad to get with you about what we just talked about, 2 about some state law requirements on burning outdoors, so 3 that it's not just a blanket burn ban on, burn ban off, so 4 that people are on notice that there are other laws that are 5 always in effect related to outdoor burning. 6 COMMISSIONER BALDWIN: I tell you, the big question 7 that is always asked me is about barrels and burn pits and 8 grates over the top of them and those kinds of things. And I 9 think there is some leeway in the law there. 10 COMMISSIONER LETZ: It's the law. 11 COMMISSIONER BALDWIN: It talks about the grate 12 being certain sizes and that kind of stuff. But it would be 13 kind of -- I get that phone call more than I do wind velocity 14 and all that kind of thing, so I think adding that kind of 15 information would be -- 16 COMMISSIONER LETZ: We can put a link to that exact 17 section of the state statute related to it. That's probably 18 the easiest thing. 19 JUDGE TINLEY: That's the household exemption to 20 the burn ban? Is that what you're talking about? 21 COMMISSIONER BALDWIN: It may be. 22 JUDGE TINLEY: If they're burning in a barrel, if 23 they got it covered and all that. 24 COMMISSIONER BALDWIN: Sure may be. 25 COMMISSIONER LETZ: And then the -- the last item 12-10-07 68 1 addressed in this is related to prescribed burns when burn 2 bans are in place in recent years. I think -- yeah, we have 3 always -- if someone has a burn plan that has been approved 4 by the NRCS office, they can burn during the burn ban as long 5 as they're following the requirements that they set forth in 6 their plan. 7 COMMISSIONER BALDWIN: Has there been prescribed 8 burning going on? 9 COMMISSIONER OEHLER: Not yet. 10 COMMISSIONER LETZ: Not yet, but it usually 11 starts -- well, as soon as we get a hard freeze, it will 12 start. 13 COMMISSIONER BALDWIN: I know. I saw on TV the 14 other day, just out west of here they're burning, about the 15 last two weeks, I guess. Conditions are all perfect out 16 there. 17 COMMISSIONER LETZ: And it's -- you know, and 18 usually -- it may have been cold enough out in the western 19 part of the county. In the eastern part of the county, we 20 still have quite a bit of green, but you could start them. 21 Now is the time that they usually do start them, middle of 22 December through basically the end of February. And I would, 23 again, recommend that -- you know, that we do that. I'll 24 make a motion that -- or include that in my motion, that we 25 allow prescribed burns during a burn ban. It does a lot of 12-10-07 69 1 good. There is risk; they can get out of control. They did 2 last year, a pretty good-sized one just north of Whiskey 3 Canyon, I believe. But, you know, I think the -- the benefit 4 outweighs the risk, in my opinion, of allowing those 5 prescribed burns. And there is a -- I don't know if the 6 courts really bear much -- there is now a Hill Country 7 chapter of the prescribed burning association -- anyway, the 8 association that -- the group that does meet and do all this. 9 And I think -- so I think a lot of people -- there are a lot 10 of people that are more educated, and there's much more of a 11 network of people and resources, you know, to do this 12 properly. So, with that, I'll probably do -- I'll make a 13 motion that we authorize the same prescribed burn procedures 14 that we've authorized previously, and delegate that to the 15 NRCS office, so if someone has a prescribed burn plan filed 16 with them that they've approved, that they can -- people can 17 burn during burn bans. 18 COMMISSIONER OEHLER: What is NRCS? 19 COMMISSIONER LETZ: Soil Conservation. Joe 20 Franklin's group over there. 21 COMMISSIONER OEHLER: Okay. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE TINLEY: Motion made and seconded as 24 indicated. Further question or discussion on that motion? 25 COMMISSIONER BALDWIN: Judge, I just wanted to make 12-10-07 70 1 a comment. It's kind of related to it. You know, I saw in 2 the news this morning that former Vice President Al Gore is 3 on his way to receive his award for his work on global 4 warming. Is -- what was that award that he's getting today? 5 MS. VAN WINKLE: Nobel peace prize. 6 COMMISSIONER BALDWIN: Nobel peace prize today. It 7 just happened to be the same day that about half of our 8 country is socked in with freezing rain and airplanes can't 9 fly, and I just thought that was kind of interesting. 10 JUDGE TINLEY: Okay. If I figure out how to 11 connect those up there in an hour or two, I'll let you know. 12 COMMISSIONER BALDWIN: Okay, no problem. 13 JUDGE TINLEY: Okay. Any other question or 14 discussion on the motion? All in favor of motion, 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. 20 COMMISSIONER LETZ: Judge, and on that item, 21 I'll -- do we need a motion or just a direction? I'll be 22 glad to work with Mr. Trolinger on getting the additional 23 language related to the burning on the web site, and Jody 24 related to the other issues we discussed. I don't think we 25 need a motion on those, really, but I'll -- it's up to you. 12-10-07 71 1 JUDGE TINLEY: I don't know that we need -- I think 2 the direction is adequate, that we all want to improve the 3 dissemination of that information and the additional 4 information to the people that know where they are. 5 COMMISSIONER LETZ: I'll go ahead and get with him 6 on that. 7 JUDGE TINLEY: Okay. It's not quite 10:30, so 8 we'll quickly take up Item 17; consider, discuss, and take 9 appropriate action to rescind all prior Commissioners Court 10 orders authorizing individual department or official cell 11 phone contracts. This was placed on the agenda as a 12 follow-up to the official plan that was authorized for the 13 issuance of cell phones under one master contract. 14 Excluding, of course, Sheriff's Department and law 15 enforcement personnel. This is kind of a cleanup -- 16 follow-up there. 17 COMMISSIONER LETZ: So moved. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval of the agenda item. Question or discussion? 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: The motion does carry. It is now 12-10-07 72 1 10:30, so we will take up that particular item, Item 11. 2 Consider, discuss, and take appropriate action concerning a 3 concept for revision of plat for Solar Village, Lots 14, 15, 4 16, and 17, and set a public hearing for the same. Mr. Odom? 5 MR. ODOM: Yes, sir. There are two homes on four 6 lots. Mr. Morgan owns Lots 14, 15, and 16. House on Lot 17 7 encroaches on Lot 16. Therefore, the owners wish to revise 8 the plat under the alternate plat process and make two lots 9 out of four. Lot 15B will be 2.64 acres, and Lot 17 will 10 remain at 1.18 acres, and both lots are served by a private 11 water system. If a public hearing is required, we would like 12 to set it for January the 14th, 2008, at 10:05 a.m. I have a 13 question whether it's called amended or whether it's called 14 revision. I -- this one's a good question. It -- it is 15 changing the plat, but we're changing a lot line between two 16 owners, not changing the size of the lots. 17 COMMISSIONER BALDWIN: Neither one of them is 18 changing the size? 19 MR. ODOM: Neither one of them; the same size. 20 COMMISSIONER BALDWIN: Okay, good. 21 MR. ODOM: But the lines have skewed different. 22 They've balanced out the same acreage on both lots, and 23 trying to make it where the individual who built his house 24 over on another man's property -- try to resolve that issue. 25 Now, that would seem to be an amendment, but not quite sure. 12-10-07 73 1 COMMISSIONER LETZ: The -- as I read the new state 2 law that we've adopted, if we're correcting an error, 3 basically, or if there's a -- correcting something, it 4 becomes an amendment, which doesn't require a public hearing. 5 If we're doing something other than correcting something, 6 then it's a revision. 7 JUDGE TINLEY: You are more than correct, in my 8 opinion. 9 COMMISSIONER LETZ: I think this is a revision. 10 MR. ODOM: Revision. All right. Then I would like 11 to set a public hearing for January the 14th, 2008, at 12 10:05 a.m. 13 COMMISSIONER LETZ: So moved. 14 COMMISSIONER BALDWIN: And -- and all we're doing 15 is setting a public hearing? 16 MR. ODOM: That's correct. 17 COMMISSIONER BALDWIN: And -- 18 MR. ODOM: Basically letting y'all look at this 19 concept right here to see if there's any problem. I don't 20 see it, if the lines are -- are such to eliminate the 21 problem. 22 COMMISSIONER BALDWIN: Let's go back and talk about 23 the correcting and -- as opposed to what, again? 24 COMMISSIONER LETZ: If you're changing a lot or a 25 subdivision -- making a subdivision requires a revision. If 12-10-07 74 1 you're correcting -- and the language that they use is -- 2 I'll just read the first couple of them -- to correct an 3 error in the course or distance shown on the preceding plat; 4 to add a course or distance that was omitted; to correct an 5 error in the real property description. Those types of 6 things do not require a public hearing under the new state 7 law. But if you're changing -- if you're revising a lot for 8 any other reason other than a correction, it does require a 9 new public hearing. 10 COMMISSIONER BALDWIN: Well, I guess -- I guess my 11 problem with all that is -- is the definition of 12 "correction." Correction of error. Just the first glance at 13 this thing, it appears to me that this is an error, you know? 14 And we're correcting -- or we're asked to help correct that 15 error. 16 COMMISSIONER LETZ: I -- I think you're -- it's a 17 valid point. I think it's a judgment call, and we could -- I 18 think this one could go either way. I think the reason is, 19 this is a pretty large correction here. 20 COMMISSIONER BALDWIN: Yeah. 21 COMMISSIONER LETZ: And it really wasn't an 22 omission or anything. It was -- something wasn't done right. 23 COMMISSIONER BALDWIN: Just a mistake somebody made 24 back down the line. 25 COMMISSIONER LETZ: When they built the house in 12-10-07 75 1 the wrong place. 2 COMMISSIONER BALDWIN: Yeah. But the house 3 builder, the encroacher, is -- the amount of property is not 4 changing, and the other party's property -- amount of 5 property is not changing. It's just a line. Now, is there 6 any -- is there any cost to the property owners to have this 7 public hearing? 8 MR. ODOM: Well, it would be the cost of the 9 revision of the surveyor. 10 COMMISSIONER LETZ: Well, that's going to be 11 regardless. 12 MR. ODOM: Yeah. 13 COMMISSIONER LETZ: I don't think it costs the 14 property owners any more money, because, unfortunately, the 15 County has to pay for the publication of the notice. It's a 16 delay, but it's no additional cost. 17 JUDGE TINLEY: Commissioner, I think all of the 18 information on the original plat was probably correct, so 19 we're not correcting information on a plat. There was an 20 error, but the error didn't occur in the platting process. 21 It occurred when the improvements were placed upon the 22 property. And they were incorrectly placed on the property, 23 didn't comply with the setback and on the right lot and so 24 forth. So, we're moving lot lines, is what we're doing. 25 COMMISSIONER BALDWIN: I agree with you. 12-10-07 76 1 JUDGE TINLEY: That would be a revision. 2 COMMISSIONER BALDWIN: I see exactly what you're 3 saying. These folks just happen to be my constituents. I 4 just want to make sure that we're saying -- saying the right 5 thing here. 6 COMMISSIONER LETZ: I think the -- you know, your 7 discussion, I mean, it could fall under Item 6, -- I'll just 8 read it -- to correct an error in course and distance of lot 9 lines between two adjacent lots if both lot owners join in 10 the application for amending the plat, neither lot is 11 abolished, the amendment does not attempt to remove recorded 12 covenants or restrictions. I think it does meet that, but 13 it's a -- you know, I would tend to think like the Judge, 14 probably. I would go with -- that it's more a revision, 15 because it's pretty significant. 16 COMMISSIONER BALDWIN: Yeah. 17 COMMISSIONER LETZ: It's not an error. 18 COMMISSIONER BALDWIN: But, you know, if the answer 19 to the thing is -- is to do what the engineer is recommending 20 to do here, if that's the answer and there's no more cost, 21 then, you know, let's get on down the road. And I'd like to 22 make that motion. 23 COMMISSIONER LETZ: Second. 24 JUDGE TINLEY: We have a motion and a second for 25 the public hearing as indicated for January 14th, '08. 12-10-07 77 1 COMMISSIONER BALDWIN: At what time? 2 JUDGE TINLEY: 10:05 a.m. 3 COMMISSIONER BALDWIN: 10:05. 4 MR. ODOM: 10:05. 5 JUDGE TINLEY: Any further question or discussion 6 on the motion? 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: That motion does carry. Let's take 12 about a 15-minute recess. 13 (Recess taken from 10:37 a.m. to 11:00 a.m.) 14 - - - - - - - - - - 15 JUDGE TINLEY: Okay, let's come back to order, if 16 we might. What I'd like to do while it's in front of me at 17 this point is go back to Item 4; open bids received for 18 digital video recording system for the Juvenile Detention 19 Facility and award appropriate bid. I've had returned to me 20 the bid that we received from Guardian Security Solutions. 21 It has been reviewed by Mr. Trolinger and Mr. Stanton, and 22 they both indicate that the bid as submitted meets all 23 specifications of the request for proposal. 24 COMMISSIONER LETZ: Judge, I make a motion that we 25 award the contract to Guardian, subject to the County 12-10-07 78 1 Attorney's review of the contract when it's submitted. 2 COMMISSIONER OEHLER: Second. 3 JUDGE TINLEY: Motion made and seconded as 4 indicated. Question or discussion on the motion? All in 5 favor of the 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: The motion does carry. Let me see. 10 Are you ready to proceed with Item 13? 11 COMMISSIONER LETZ: Yes, sir. 12 JUDGE TINLEY: Okay, I'll call Item 13. Consider, 13 discuss, formulate, and adopt Kerr County's official position 14 regarding the utilization the Kerr County Airport Authority 15 created under House Bill 956, and approved by the voters of 16 Kerr County May 22nd, 1970, and forward the same to Texas 17 Attorney General Greg Abbott, and appropriate action as may 18 be required. Commissioner Williams originally placed this on 19 the agenda. He and Commissioner Letz deal primarily with the 20 airport matters as liaisons, so I'll shift it over to 21 Commissioner Letz. 22 COMMISSIONER LETZ: I think Commissioner Williams 23 put a fair amount of information in the backup related to 24 historical footnotes and airport authority law and things of 25 that nature, which are, I think, certainly relevant. And he 12-10-07 79 1 and I were working on a position statement from the Court. I 2 think everyone was furnished this morning a draft copy that 3 Commissioner Williams started, and then I did most of the 4 work on. It has some blanks in it; a couple pages long, and 5 the -- the gist of the, you know, response that we're 6 drafting -- I'll just read the first paragraph. Fundamental 7 question concerning the Kerr County Airport Authority is, how 8 can the express will of the people of Kerr County that voted 9 for an airport authority be negated by failure of 10 governmental entities to follow through with administrative 11 duties called for by the election? That's kind of the 12 summary of it. Basically, the voters voted for it. The City 13 Council and Commissioners Court didn't follow through with 14 some appointments to that board, and it never -- nothing has 15 ever happened since then. 16 There are -- in my opinion, there are pros and cons 17 to it. I'm not necessarily a proponent personally for doing 18 it, but I just -- I really have a real problem of how you ask 19 the voters to vote on something and then ignore it. I just 20 think it's a real slippery slope for any governmental entity 21 to follow. So, the response is, that's the basic issue. The 22 issue was brought to the voters in 1970 because of governance 23 problems and governance issues. Those governance issues 24 continue today. That's kind of the nature of the response, 25 the direction I'm working on. Certainly, it's not in final 12-10-07 80 1 form. I think this is something I think the full Court needs 2 to sign off on. This is a pretty important position 3 statement, and we'll bring that back to the Court at our next 4 meeting, possibly the first meeting in January, depending on 5 what the agenda looks like and where we are on the response. 6 I know that there is a -- certainly, a time issue in getting 7 a response back to the Attorney General. That's why I may 8 bring it back on the second meeting of this month. 9 I know the Airport Board is considering it tonight, 10 or this afternoon at their meeting. And in the backup 11 material, there is the response that came through Mike Hayes 12 from the City of Kerrville. The thing of most concern in 13 that to me wasn't their response as much as it was his last 14 sentence, saying they weren't going to really address airport 15 governance until after the Attorney General opinion, which 16 could be six months from now, which is a real concern to me, 17 because the Airport Board has, many times in the past couple 18 months, expressed a real concern with continuing at the 19 current framework. Another thing that there is a -- one that 20 Commissioner Williams wanted me to bring up, he attended an 21 item on the City Council agenda two weeks ago, about, and 22 there's a copy of the transcript that went in the -- in our 23 backup material between his communications, what he said, and 24 he was representing himself, not the Court. But there's an 25 interesting exchange between him and the mayor. 12-10-07 81 1 Another interesting point of that is the City chose 2 to go into, and had a discussion on that in executive 3 session. I personally have a problem with that from, one, a 4 philosophical issue; I think these should be public 5 discussions, but secondly, I'm not sure how they could get 6 there. But that's an issue between the City Attorney and 7 City Council, not us. Maybe the Attorney General at some 8 point. But that's kind of where all of this is. The City 9 took no action on appointing anyone to work with 10 Commissioners Court to work on the governance issue at that 11 meeting two weeks ago. That's kind of where we are. Just an 12 update. And I'm sure it will be on our next agenda again. 13 COMMISSIONER BALDWIN: So, the good people of Kerr 14 County voted for an airport authority in 1970, and it appears 15 here that Commissioners Court canvassed the votes and adopted 16 and accepted and approved, and all those things. I'm just 17 wondering if -- is there a possibility somewhere in the law 18 that there is some kind of limitation -- statute of 19 limitation type thing, if -- even though the voters approved 20 something, that if it's not put in place in 12 years, that 21 it's defunct, no longer -- lack of interest -- 22 MR. EMERSON: Would you like a comment? 23 COMMISSIONER BALDWIN: I'd like an answer to that 24 question. 25 MR. EMERSON: There is no statute of limitations in 12-10-07 82 1 broad general terms that I'm aware of. I talked to the -- 2 the Legislative Archive Library; they did some research. 3 They did not find any statutes rescinding the original 4 statute creating the authority. And because of the language 5 in the original authority where it says that the board shall 6 be populated within 10 days, that's one of the reasons we 7 went to the Attorney General's office to determine if, 37 8 years later, we could populate a board that was supposed to 9 have been done in 10 days. 10 COMMISSIONER BALDWIN: Yeah, that's kind of my 11 question. But, see, I just think that -- you know, and you 12 may not like what an airport authority is. I don't know. 13 I'm not sure. 14 COMMISSIONER LETZ: Bad things, in my mind. But 15 I -- 16 COMMISSIONER BALDWIN: I do too; I question some of 17 that stuff. And I'm wondering -- let's say that the Attorney 18 General says, you know, you guys are right. You need -- the 19 people voted, and you need to have that airport authority. 20 Now, does -- would we come under the airport authority rules 21 of that day? I'm sure they've changed; surely some of this 22 stuff's changed. Or would it come under the present rules, 23 whatever they might be? But I think the important thing is, 24 whether you like an authority or not, or you like me or not, 25 the people of this county voted -- spoke on an issue, and end 12-10-07 83 1 of conversation, as far as I'm concerned. 2 JUDGE TINLEY: The focus should be the fact that 3 there was a governance issue back in '70, and I was there. 4 And I was -- I specifically -- 5 COMMISSIONER BALDWIN: How old were you then? 6 JUDGE TINLEY: Considerably younger, Commissioner. 7 COMMISSIONER BALDWIN: I see. 8 JUDGE TINLEY: And as Commissioner Letz said, some 9 of the governance issues that seem to exist now were also 10 similar ones that existed then, and -- and it was for that 11 reason that that whole matter came up. And the important 12 thing is -- is that the public made an expression of intent 13 that there be an independent entity that would control the 14 operation of that airport. And whether it's an authority, 15 something that comes into being by virtue of an interlocal 16 agreement between the two owning entities, I think the 17 important point is that the public made their expression of 18 intent that it, in fact, be an independent entity, governed 19 by a board that is separate and apart from the governing 20 commissions or councils of the governments that owned it, and 21 I think that's what needs to be paid attention to. Whether 22 you do it by virtue of the language that created that 23 authority, with all of the particulars in there that 24 specified the number of directors and what their 25 qualifications are, and the meetings, and what their -- what 12-10-07 84 1 their responsibilities were and their limitations, whether 2 you do it that way or some other way, I think you still need 3 to end up at the end of the line where it's an independent 4 entity that is controlling that airport. And, you know, I -- 5 apparently, the City is not going to put anybody on a 6 committee to even consider the governance issues out there. 7 I forwarded the request that the Court suggested, and 8 probably have not had sufficient time to receive a response, 9 but based on the information contained in the City Attorney's 10 letter, I'm not sure we'll get one. 11 COMMISSIONER LETZ: I think that's a problem. I 12 mean, I kind of share the outcome with the Judge here. I 13 mean, I don't -- in many ways, it may be better not to have 14 the authority there, but I think that's irrelevant here. I 15 think what you said is true; the voters voted for it. I 16 think the -- the way to get down the road on the airport is 17 through an independent board, whether it's an airport 18 authority or whether we -- City/County jointly come up with a 19 governance arrangement that allows for an independent entity 20 out there. I mean, how we get there doesn't make any 21 difference, but clearly, the voters wanted this in 1970. 22 They voted for it. And this wasn't a real close election -- 23 I mean, a real small election. There was several thousand 24 people that voted. It was a -- for that time, it was a 25 pretty large election -- a large turnout in an election, 12-10-07 85 1 which also shows that this was an important issue to the 2 public and the citizens of Kerr County. So -- and at the 3 time, it would have had the full backing of the Commissioners 4 Court and full backing of the City Council; the record 5 clearly shows that. So, I think that's all -- that's an 6 issue. 7 But I think, you know, another thing I just wanted 8 to really bring up is, when -- and I think it's true. When 9 Rex requested the opinion, I don't think we -- the Court or 10 Rex took a position that it was valid or not valid, per se, 11 but it needs to be resolved and answered. This thing has 12 been lingering there for, it appears by the long-term record, 13 37 years, and it was brought up all of sudden when some 14 things happened by some ordinances, plats by the City in the 15 county, which clearly was done to get rid of this. Then we 16 did the governance agreement not too long ago that, you know, 17 had some other problems, and this was discussed then. And I 18 think it was based on the City Council -- or the City 19 Attorney's view at that time that, oh, that this was a -- the 20 airport authority doesn't exist. Well, you know, after we 21 started looking at it, I'm not so sure that it doesn't exist. 22 That's why the request went to the Attorney General to give 23 us a third-party independent opinion, is -- should we go down 24 that road, or should we go down another road? And I think 25 the end result can be the same, virtually, either way, but I 12-10-07 86 1 think we need to get this resolved and finalized one time, 2 once and for all. 3 COMMISSIONER BALDWIN: Yeah. Taking -- taking a 4 stand that we're not going to deal with governance until we 5 hear from the Attorney General, that's an irresponsible place 6 to be, in my opinion. You know, we're talking about -- 7 talking about a major -- or fastly becoming a major part of 8 government, period. City and county government in Kerr 9 County. And, you know, all the plans and the things that -- 10 dreams and hopes that people have for that property out 11 there, and kind of -- it's kind of a -- I don't know what you 12 call that, but it -- I think it's irresponsible. 13 COMMISSIONER LETZ: And an interesting point is, 14 Commissioner Williams visited with John Mosty, who was on 15 City Council at the time, and his recollection was -- his 16 recollection was that this was at the end of his term. If 17 you look at the dates, the election took place May 22nd; it 18 was right about the same time City Council elections took 19 place, and some action was done on some appointments just 20 prior to that that were kind of temporary appointments, or to 21 an advisory status, and then their election took place, City 22 Council changed hands, and all of a sudden, nothing happened. 23 You know, who knows why nothing happened? I think the -- the 24 finger can be pointed at both the City Council at the time 25 and the Commissioners Court at the time. I mean, it wasn't 12-10-07 87 1 like -- you know, who knows? But, Mr. Mosty has no real 2 recollection as to what happened. I don't know if Bill 3 talked to any other of the City Councilmen at the time, but 4 the people that were appointed to the temporary board were 5 prominent citizens. It appears to me, if you look at the 6 record, that those temporary appointments were intended to be 7 the long-term appointments. They weren't just, you know, 8 average Joe Blow. 9 COMMISSIONER BALDWIN: You had Tuffy Cowden. 10 COMMISSIONER LETZ: Yep. Earl Garrett. 11 COMMISSIONER BALDWIN: Earl Garrett. And four or 12 five -- if I remember correctly, four or five of those guys 13 that are that caliber, that have held this county together 14 for a long, long, long time. And some of them are still out 15 there -- 16 COMMISSIONER LETZ: Right, holding it together. 17 COMMISSIONER BALDWIN: -- holding it together. 18 COMMISSIONER LETZ: Right. That's why I -- 19 COMMISSIONER BALDWIN: I agree with you. It -- 20 yeah, I saw that list of names, and that's not a short-term 21 group at all. That's a long-term group. 22 COMMISSIONER LETZ: But, anyway, so I'm looking 23 forward to getting an opinion, and we'll have a formal 24 position that I think the whole Court should sign off on; 25 hopefully, we'll all be in agreement. 12-10-07 88 1 COMMISSIONER OEHLER: Looks to me like if the City 2 didn't want to go along with doing it the way they set it up 3 to do it, they ought to try to undo it by an election of 4 voters. 5 COMMISSIONER BALDWIN: Sure. Fix it so we can get 6 down the road. 7 COMMISSIONER OEHLER: If you don't want it, then 8 let's vote. The voters need to be the ones to change it; 9 they're the ones that put it in, and they need to initiate 10 this. 11 MR. EMERSON: Just one brief comment on that. The 12 existing statute that set up that authority doesn't have any 13 provisions in it to undo the authority. 14 COMMISSIONER OEHLER: Oh. Once it's established, 15 it's there. 16 COMMISSIONER LETZ: Yeah. And it is -- it just 17 isn't something that was a whim. The Legislature passed a 18 specific bill to do this. I mean, it's pretty serious, in my 19 mind. So, anyway, I'm looking forward to getting a response 20 from the Attorney General, and put it back on our agenda. 21 That's it. 22 JUDGE TINLEY: Is that it for Item 13? Let's move 23 on to Item 18, to approve the assessment as a result of Texas 24 State Comptroller's audit, and authorize payment of the 25 assessed amount. Ms. Hargis? 12-10-07 89 1 MS. HARGIS: I don't have the exact amount in front 2 of me, Judge. Do you have it? It's around 11,000. 3 COMMISSIONER BALDWIN: 11,930.04. 4 MS. HARGIS: Right. Half of it was -- came out of 5 the District Clerk's Office for coding things, that -- to a 6 line item that shouldn't have been coded to that, and 7 splitting. Another half of it was in the J.P. area, where it 8 was a child safety belt situation, where we were supposed to 9 do a 50/50 split, and it wasn't clear, and the software 10 didn't work properly. And so it didn't -- most of it was 11 more or less a software situation, and those have been 12 corrected. And I think that was also prior to Odyssey. And 13 we -- when we checked, that goes back to 2000 -- actually, 14 2004 and '5. In 2006 and '7, you can see that it cleared up. 15 So, we are trying to keep on top of all those things so that 16 we manage not to do that. And a few little minor errors 17 other than that, but that was the bulk of it. That was about 18 $9,000 of the eleven. But he shared all of his findings with 19 me, and all along the way, and -- and he is correct in what 20 he did. 21 JUDGE TINLEY: And these are -- these are amounts 22 that we just failed to collect? 23 MS. HARGIS: We collected them, but we didn't share 24 properly with the State of Texas. 25 JUDGE TINLEY: We did collect it. 12-10-07 90 1 MS. HARGIS: Okay? We collected -- for instance, 2 on the seat belt, it was a $100 fine. We were supposed to 3 give $50 to the State and keep 50. We kept 100. 4 JUDGE TINLEY: And the records clearly indicate 5 that we kept the 100? 6 MS. HARGIS: Yes. 7 JUDGE TINLEY: Okay. 8 COMMISSIONER BALDWIN: And the same with the EMS 9 trauma fund? 10 MS. HARGIS: We kept all of that. We weren't 11 breaking that out as well. 12 JUDGE TINLEY: So, we had their money for some 13 time. 14 MS. HARGIS: Yes. And then we did have a couple of 15 reports which were not timely submitted, and that's something 16 we really need to be very careful of. He was more adamant 17 about that point than anything else, because they can 18 actually take away the 10 percent they give us if we don't do 19 a report on time, and fine us on top of that. So, we need to 20 be sure that we get these records in on time. 21 JUDGE TINLEY: Were those records from various 22 offices? Or -- or -- 23 MS. HARGIS: It was various offices. Two different 24 offices, you know, didn't necessarily get the report in on 25 time, and then they didn't get it submitted on time. So I 12-10-07 91 1 can't, right off the top of my head, recall which department 2 that was, and I'm sure there was a reason at the time. This 3 has been going on since July, so bear with me. But, you 4 know, he just said that is something that -- that the State 5 just frowns on. They -- they're more -- I mean, the other 6 things that he found were really, you know, just software. 7 So, if we could authorize to pay that, and we don't have a 8 budgeted item for that. 9 COMMISSIONER BALDWIN: So what do you recommend? 10 Where do we find it? Take it out of the Sheriff's salary or 11 what? 12 MS. HARGIS: Well, we'll take it out of contingency 13 funds for right now, and then we'll have to probably look at 14 raising our contingency amount, maybe in January-February, 15 'cause we're going to use -- we didn't put very much in there 16 this year. 17 COMMISSIONER LETZ: I'll make a motion that we 18 authorize payment of 11,000 -- 11,000, right? 19 COMMISSIONER BALDWIN: Yeah. 20 COMMISSIONER LETZ: $11,930.04 to the State 21 Comptroller, with funds to come out of the contingency 22 fund -- Nondepartmental Contingency fund. 23 COMMISSIONER BALDWIN: Second. 24 JUDGE TINLEY: We have a motion and a second. 25 Question or discussion on the motion? 12-10-07 92 1 COMMISSIONER LETZ: Just a question. Do we have 2 a -- a mechanism in place that we, being the big "we," the 3 County, know what reports are due when, and who's responsible 4 for filing them, so we can -- I mean, it seems that we're 5 having an awful lot of reports due to an awful lot of 6 governmental entities, and by us not timely filing them, it 7 can cause some huge consequences to the taxpayers, everything 8 from the I.R.S. to the Comptroller, and who knows who else? 9 MS. HARGIS: I hate to make a blanket statement, 10 but I'm not sure. I do know that the Treasurer's office is 11 aware of those that she has to file. And whether she has a 12 tickler set up for those or not, I don't know. That's 13 probably something that we need to address in our internal 14 control. I'm still not totally aware of all the reports that 15 we need to address, so we're trying in our audit to go around 16 and -- when I finish it, to make sure that those reports get 17 done on time. I'm also trying to assist those deputies that 18 are having trouble balancing, perhaps to get -- part of it is 19 a balancing problem. They -- each department has their own 20 funds that come into their checking account, and then they 21 balance, and then they take the money to the Treasurer's 22 office, and then those reports are generated. And they've 23 had a great deal of difficulty in the software making their 24 reports balance, and so we -- the District Clerk's Office is 25 being audited now, and we're trying to help them with some 12-10-07 93 1 software patches, so to speak, or some different types of 2 software that's free so that they can do these things in a 3 little more expedient manner. We also probably need to -- 4 once we finish with the District Clerk, we're going to do the 5 County Clerk. We wanted to see what our problems with 6 Odyssey were for balancing, and then we're -- the auditor 7 that I've hired suggested that we set a -- a committee up of 8 he and myself, and maybe John, and meet with Odyssey and say, 9 "These are the problems," that we need them addressed. 10 'Cause, unfortunately, we haven't had anybody to directly -- 11 who understands the accounting side of it, to talk with them 12 to say, "These are the problems we need to have addressed." 13 Each department's had a little bit of a different problem, 14 but ever since I've been here, I know every month some of the 15 departments have trouble balancing. So, you know, in 16 addition to the deadlines, you know, they can't -- they don't 17 want to give you a report that's incorrect, and so that's 18 what they're having a problem with. 19 COMMISSIONER LETZ: I think that -- I mean, sounds 20 like we're going down the right trail. We just need to make 21 sure that we get -- and either, it seems, is a logical spot, 22 whether your office or the Treasurer's office, 'cause money 23 usually goes with these, and they're -- they're usually on a 24 regular basis. We set up a system that if we don't have a 25 check cut by a week before these things are due, someone 12-10-07 94 1 needs to be saying: Hey, where's the report? Where's the 2 funds?" 3 MS. HARGIS: Mindy and I can work together on 4 those, too. I have ticklers set up on mine, and I think she 5 probably does as well, but I just don't want to make a 6 blanket statement to that effect. 7 COMMISSIONER BALDWIN: You can look at these 8 different funds here and -- and basically tell where they -- 9 what office they're generated out of and that kind of thing. 10 But this EMS trauma fund, what -- I can't imagine where in 11 this courthouse a -- 12 MS. HARGIS: In the County Clerk's office. And 13 I've forgotten where the fine is -- it's associated to a 14 fine, an additional fine. If you -- and I don't know what 15 the original fine is, but if you do one thing, then you have 16 to pay this. And -- and Jannett's not here, and she probably 17 could tell us. 18 COMMISSIONER BALDWIN: Okay. 19 MS. HARGIS: I mean, it's a fine. 20 COMMISSIONER BALDWIN: I guess it's based on half 21 of the ambulance that we own. 22 JUDGE TINLEY: Could be. 23 COMMISSIONER BALDWIN: I bet it is. 24 JUDGE TINLEY: My recollection, Commissioner, is 25 that it's in connection with D.W.I. cases, where a certain 12-10-07 95 1 portion of a cost assessed in that is supposed to go to 2 hospital trauma support. 3 MS. HARGIS: Right. That's right, he is correct. 4 And so when she gets those kind of fines, then she collects 5 that. And we get to keep half, and then they take half. 6 COMMISSIONER BALDWIN: Thank you. 7 JUDGE TINLEY: But we've been keeping both halves. 8 COMMISSIONER BALDWIN: Yeah. Nice try. 9 JUDGE TINLEY: Okay. 10 COMMISSIONER OEHLER: Doesn't appear to be any 11 fine. 12 JUDGE TINLEY: We have a motion and second. 13 Further question or discussion? All in favor of the motion, 14 signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: The motion does carry. Let's go to 19 Item 19; consider, discuss, take appropriate action to 20 authorize Jerry Shiever to prepare early referrals of all 21 delinquent personal property accounts. I put this on the 22 agenda in response to a letter received from Mr. Shiever. 23 There's recent legislative action that authorized us to 24 proceed more quickly against personal property tax 25 delinquencies, I guess the theory being that that property 12-10-07 96 1 can move around. Real estate's not going to go anywhere, but 2 if you're going to assert a lien against some property that's 3 personal property, the quicker you get around to it, the more 4 likelihood you'll be able to still find it within your county 5 to be able to do that. But the -- the legislative action 6 authorized this to be done as early as April the 1st, but it 7 requires a certain amount of notice in order for that to 8 occur, and in order for that notice to be given, the Court's 9 got to authorize it. So, I -- 10 COMMISSIONER BALDWIN: It's just -- that's all 11 there is to it? It's just move -- move the date or the time 12 frame for him to file? 13 JUDGE TINLEY: It -- it allows him to proceed as 14 early as April 1. Generally, on the real property, before 15 attorney's fees attach, it's July 1, so that's another 60 -- 16 90 days, another quarter before you can proceed against 17 those. The -- the collection fees that are associated also 18 begin with the April 1 date, if the Court authorizes that. 19 If you start -- allow the start of the proceeding sooner, 20 why, the collection fees can -- can attach sooner. 21 COMMISSIONER BALDWIN: Well, it sounds good. I 22 mean, is there any traps, or do you see anything? 23 COMMISSIONER LETZ: Is this -- is this a big 24 number? 25 MS. BOLIN: The personal property accounts that we 12-10-07 97 1 lose? Yes. 'Cause you have businesses that are open on 2 January 1, and may close February 1. We don't get that -- 3 the taxes for that year because they're closed, and by the 4 time July 1st comes around, they're long gone. And if we can 5 do it on April 1, then we can collect a lot easier. 6 COMMISSIONER LETZ: Okay. What are we making the 7 motion to do? To -- 8 COMMISSIONER OEHLER: Authorize Jerry Shiever -- 9 JUDGE TINLEY: Well, it's -- 10 COMMISSIONER LETZ: Well, authorize the County. I 11 think we need to authorize the County to do it. 12 JUDGE TINLEY: For the -- for the 30-day notice, to 13 turn them over on April the 1st. 14 COMMISSIONER LETZ: I'll make that motion, that we 15 -- that we change our policy and allow, per legislation, 16 personal property delinquent accounts to be turned over for 17 collection as of April 1st of each year. 18 COMMISSIONER OEHLER: Second. 19 JUDGE TINLEY: We have a motion and a second. 20 Further question or discussion? 21 COMMISSIONER BALDWIN: Yeah. So, we're talking 22 about 30-day notice? 23 JUDGE TINLEY: Mm-hmm. 24 COMMISSIONER BALDWIN: And, now, what about these 25 figures, from 15 percent to 20 percent collection penalty? 12-10-07 98 1 COMMISSIONER LETZ: Is it the same -- 2 JUDGE TINLEY: Well, yeah, it also -- normal 3 attorney's fees are 15 percent. This same legislation 4 authorized the increase to 20 percent, the theory being that 5 the more you have to pay to -- to solve the delinquency, the 6 more incentive there will be to pay the tax. 7 COMMISSIONER BALDWIN: The lawyer has to work a 8 little bit more. 9 COMMISSIONER LETZ: Little harder. 10 COMMISSIONER BALDWIN: So we have the -- 11 JUDGE TINLEY: No, I don't think that's it at all, 12 Commissioner. I think -- 13 COMMISSIONER BALDWIN: That's exactly what -- 14 JUDGE TINLEY: -- I think the taxpayer, when 15 looking at, "Do I want to let this ride a while?" -- 16 COMMISSIONER BALDWIN: Yeah. 17 JUDGE TINLEY: -- he's less likely to make the 18 decision, "I'll let it ride a while longer." 19 COMMISSIONER BALDWIN: We have the 30-day notice 20 and the increase in the percentage of collection penalty. Is 21 there anything else? 22 COMMISSIONER LETZ: That is in my motion, to 23 increase the penalty. 24 COMMISSIONER BALDWIN: Okay, just those two things. 25 MS. BOLIN: I have a question. Is the 20 percent 12-10-07 99 1 going to be for all of their collection? 2 JUDGE TINLEY: No. No, this is just personal 3 property. 4 MS. BOLIN: Okay, because the 20 percent is for all 5 collections. It shouldn't be just for this one -- 6 JUDGE TINLEY: They authorized that to increase 15 7 to 20 percent on real property also? 8 MS. BOLIN: Yes, on everything. 9 COMMISSIONER LETZ: I think -- 10 JUDGE TINLEY: I don't think we're in a position, 11 because of the agenda item, to address that with regard to -- 12 COMMISSIONER BALDWIN: I agree. 13 JUDGE TINLEY: -- delinquent real property 14 accounts, because we're specifically talking all delinquent 15 personal property accounts on this agenda item. 16 COMMISSIONER LETZ: You may put it on our next 17 agenda. 18 COMMISSIONER BALDWIN: That's what Jerry's asked us 19 to do. 20 JUDGE TINLEY: Mm-hmm. 21 COMMISSIONER BALDWIN: Yeah, that's what our 22 attorney has asked us to do. 23 MS. BOLIN: Okay. 24 JUDGE TINLEY: Any further question or discussion 25 on the motion? All in favor of the motion, signify by 12-10-07 100 1 raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: Motion carried. Item 20; receive 6 information on legislative and regulatory updates and 7 elections, and take any desired appropriate action to 8 finalize T.C.D.R.S. plan and election for Kerr County for 9 2008. Ms. Hyde, I owe you a an apology. When we were 10 considering this item before, you mentioned some of the items 11 that you and Ms. Hargis ascertained at the conference, and we 12 took action on that and I immediately went to the next item 13 and didn't give you the option to continue with your 14 explanation. 15 MS. HYDE: No problem. 16 JUDGE TINLEY: But this is your opportunity. 17 MS. HYDE: What I did, I took the liberty of just 18 putting some highlights down so that you -- if you want to, 19 you can read more later. I'll try to make it extremely 20 brief. Some of the misconceptions, or some misnomers that 21 sit out there is that matching only exists after retirement, 22 death, or disability. And disability, T.C.D.R.S. is not 23 going to determine disability going forward. They will 24 determine what they call an early retirement. There was an 25 legislative update on the new disability process. If an 12-10-07 101 1 employee is eligible for service retirement, T.C.D.R.S. is 2 not going to determine disability. Disability application 3 will be considered as an application for service retirement. 4 In addition, if the disability needs to be proven for other 5 benefits, the employer -- that's us -- will be responsible 6 for that decision. The caveat is, if the employee is not 7 eligible for service retirement, then the current process 8 applies. However, comma, keep in mind that the Legislature 9 is still looking at changing that, because they do not 10 believe that T.C.D.R.S. should be a disability expert. How 11 can I retire? That hasn't changed; it's still the 60 plus 8 12 years of vested, age and years of 75, and any age and 30. 13 COMMISSIONER LETZ: What -- going back to the other 14 thing about the service versus disability, does that mean 15 that any employee can say they're service retiring whenever 16 they want? 17 MS. HYDE: No, sir. What they can say is, if an 18 employee is disabled, or believes that they are disabled, 19 they can turn in for disability retirement. However, comma, 20 T.C.D.R.S. is not going to determine disability. As long as 21 they have the age and the time of service, they're just going 22 to call it early retirement. 23 COMMISSIONER LETZ: But if they don't -- if they 24 don't qualify, if they're not 60 or age of 75 or 30 years of 25 service, then the County's going to have to -- for them to 12-10-07 102 1 get any funds, the County's going to have to make a 2 determination that they're -- 3 JUDGE TINLEY: Disabled. 4 COMMISSIONER LETZ: -- disabled? 5 MS. HYDE: That they're disabled. 6 COMMISSIONER LETZ: Okay. Then they don't just 7 automatically get it. 8 MS. HYDE: Right. Which, in the past, they did. 9 COMMISSIONER LETZ: Right, okay. 10 MS. HYDE: And so the County didn't have a 11 decision -- you know, didn't have a part in making that 12 decision. So, I think it's good they're allowing the County 13 to be part of it. 14 COMMISSIONER LETZ: Okay. 15 MS. HYDE: A lot of folks have questions about 16 getting time, so I went ahead and put that down. Yes, you 17 can get time from another system, but that's -- that is the 18 key. It's time; it's not money. A lot of people think it's 19 interchangeable, and it's not. And there's a few little 20 pitfalls there. You can get it from E.R.S. You can get it 21 from T.R.S., but -- T.M.R.S., but only select cities, so you 22 have to check before you just assume that you're going to get 23 it. J.R.S. is the courts; T.R.S. is the school system. City 24 of Austin, and prior military service, you can get up to five 25 years prior military service. 12-10-07 103 1 COMMISSIONER LETZ: Is city of Austin a separate 2 category? 3 MS. HYDE: No, sir -- I don't know. I didn't ask. 4 Evidently, they -- maybe because -- because they're the 5 capital, they have something special. Change in the pension 6 payment options. It's gone down to 7; it's going to go back 7 up to 8. And Ms. Hargis and I will update you later, because 8 they haven't determined exactly the whole range that they're 9 going to do. The 7 that are -- that are here are life-only 10 benefit, where the retiree gets a monthly payment, but 11 there's no -- there's no monthly payments to a beneficiary. 12 That's a pretty big statement that people don't understand, 13 so this year, this is part of the training that we'll be 14 doing. We'll be doing some T.C.D.R.S. training, where people 15 can come and we can discuss it. There will be a guaranteed 16 term for 15 and a guaranteed term for 10, and the retiree 17 will get a monthly payment. If they pass during the payment, 18 then a beneficiary can receive that, but the key on that is 19 the term begins when you retire, not when you die. There's 20 been some problems with that. Or options to pay one 21 beneficiary for the lifetime, it's 50 percent of retiree's 22 payment, 75, 100, and 100 with a pop-up. Pop-up is still 23 being determined. So, it's kind of like a parachute, a lump 24 sum -- a bigger lump sum. The retirement paperwork change? 25 Absolutely, every year. Get with H.R. and we'll give you the 12-10-07 104 1 most current up-to-date. What's the maximum I can put in the 2 system? 7 percent. That's the maximum. 3 COMMISSIONER LETZ: Can employees opt out? 4 MS. HYDE: Of the retirement system? No, sir. 5 COMMISSIONER LETZ: The reason -- I would change 6 the word, then. I wouldn't say you "can." You "will." 7 MS. HYDE: Yes, sir. 8 COMMISSIONER LETZ: The max amount I can, when I 9 read that, implies that I could put nothing in if I want. I 10 think, to clarify -- okay. 11 MS. HYDE: Change. What's the maximum match the 12 County can contribute in matching? I updated this one, 13 because I think all of our assumptions were, we were doing 14 it. So, we can match up to 2.5 or 250 percent. Of course, 15 this year we went from 1.90 to $2.10, or 210 percent. 16 JUDGE TINLEY: Forward only. 17 MS. HYDE: Forward only. We ain't going backwards. 18 COMMISSIONER LETZ: You might put that in there, 19 "forward only." All right. Do we need a -- 20 JUDGE TINLEY: Thank you. Any questions for 21 Ms. Hyde on this? We will be finalizing the elections that 22 we made that have previously been authorized with T.C.D.R.S. 23 They must be done and in their hands by this Friday, and that 24 will be done this week. Okay. Next item, 21; consider, 25 discuss, and take appropriate action on authorizing the 12-10-07 105 1 financial adviser to prepare recommendations for the type of 2 short-term financing that would be most economical and 3 beneficial for the County and begin the documentation 4 necessary for the short-term financing application. 5 Ms. Hargis placed this on the agenda. Essentially, in 6 looking forward at the -- at the capital items that we're 7 going to look to, including within the -- within the debt 8 service item, and what she's seeking today, if I understand 9 her correctly, is to get Mr. Henderson, our financial 10 adviser, to start the process of getting the documentation 11 ready for what needs to be done, whatever the best process is 12 based upon what we're doing here. 13 MS. HARGIS: Yes, that is correct. We don't really 14 need an amount right now, but what we do need for him is to 15 gather up all the financial information he needs, any 16 prospectus that he needs to put together, maybe perhaps 17 contact some of the banks just to see what the marketplace 18 is. The other thing is, he can give us a good guide as to 19 how the marketplace is falling. And, you know, perhaps we 20 may need to get ready sooner than later, because it may, you 21 know, be to our advantage. He did tell me Friday he sold an 22 issue for 3.94 in the valley. That is phenomenal interest. 23 So, I think we're going to -- 24 COMMISSIONER BALDWIN: We want some of that. 25 MS. HARGIS: Yeah. I think we're -- and if the fed 12-10-07 106 1 goes down again, I think you're going to find that to be 2 pretty true. January is a very good month generally for 3 municipalities to get on board on a bond issue or a loan. I 4 don't know why; nobody really understands it, but that's a 5 great month. You usually get your best -- I don't know 6 whether it's because that's when all of our tax money comes 7 in, so our picture's better, but that's been true in my 8 entire career; January is a great month to go to the 9 marketplace. So, he's going to have some suggestions for us, 10 and then we need to try to get together and put together an 11 amount. 12 COMMISSIONER LETZ: Right. I'll make a motion that 13 we authorize Ms. Hargis to -- our financial adviser to 14 prepare recommendations for short-term finances. 15 COMMISSIONER BALDWIN: Second. 16 JUDGE TINLEY: Motion made and seconded as 17 indicated. Does that include him beginning the paperwork 18 model that's going to have to be shopped also? 19 COMMISSIONER LETZ: Yes, sir. Yes, it does. 20 JUDGE TINLEY: Okay. Any question or discussion on 21 the motion? 22 COMMISSIONER BALDWIN: Question. At what point in 23 this process will -- will you invite Mr. Henderson? 24 MS. HARGIS: He's going to come on the 14th. He 25 couldn't come today, and so he will be here on the 14th. 12-10-07 107 1 COMMISSIONER BALDWIN: Okay, thank you. 2 JUDGE TINLEY: Any other questions or comments? 3 All in favor of the motion, signify by raising your right 4 hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: The motion does carry. We'll move 9 to Item 22; consider, discuss, and take appropriate action to 10 adopt an order based on burn ban status prohibiting the sale 11 or use of certain restricted fireworks; i.e., skyrockets with 12 sticks and missiles with fins, in any portion of the 13 unincorporated area of Kerr County. Commissioner Williams 14 asked that this item be placed on the agenda. I think the 15 matter has been before us a time or two before. 16 COMMISSIONER BALDWIN: We adopted it last time for 17 the first time in the history of this county. 18 COMMISSIONER LETZ: I believe it has to be done by 19 December 15th, which is why it's on this agenda. 20 JUDGE TINLEY: I believe there is a deadline, and 21 it's imminent. 22 COMMISSIONER LETZ: Imminent. 23 COMMISSIONER BALDWIN: It's imminent, but I don't 24 know -- I mean, it's raining out there. I mean, is this 25 something that we need to do just because it's a cute little 12-10-07 108 1 thing to do? Or is -- 2 JUDGE TINLEY: Sheriff, what kind of -- what kind 3 of problems did we have of people dealing with these bottle 4 rockets, and rockets and -- 5 COMMISSIONER BALDWIN: With fins. 6 JUDGE TINLEY: -- missiles and all that stuff? 7 SHERIFF HIERHOLZER: Missiles with fins and bottle 8 rockets with sticks. It's weird reading that law, but last 9 time, which was the first time that it was banned, we had 10 some violations. We really didn't have too many; it wasn't 11 extravagant. You know, they did keep us busy either way. I 12 mean, any time people are setting off fireworks, we're going 13 to get calls all the time about it. But it's -- it just 14 depends on what the weather's going to do. I mean, if it's 15 not going to get much wetter than now -- we get one day of 16 sunshine, we're back in what could be a serious situation, 17 because of how much rain we got earlier in the year and how 18 tall the grass and everything is, but I wouldn't be one to 19 make those recommendations. 20 JUDGE TINLEY: Did we get most of the cooperation 21 from the -- from the sellers of fireworks? If my 22 recollection serves me, they just didn't supply those items 23 for sale on a local basis. 24 SHERIFF HIERHOLZER: Yeah. Under some of the 25 requirements, they even have to put notice on their stand 12-10-07 109 1 that they're not allowed to sell those, and then they pull 2 those ones off the shelf. And I do know the people that 3 own -- 4 COMMISSIONER BALDWIN: Mr. W. 5 SHERIFF HIERHOLZER: -- Mr. W's, and they didn't 6 have any problem doing it at all, okay? Because they are 7 conscious, and they own property in this county. 8 MR. EMERSON: The statute requires the sellers to 9 post notice if there's a restriction. 10 COMMISSIONER LETZ: Are we required to give a 11 location for them to -- for people to do these kind of 12 fireworks? Like, I know that cities, it seems, usually put, 13 like, a -- 14 JUDGE TINLEY: Safe zone. 15 COMMISSIONER LETZ: -- safe zone. We're not 16 required to do that? Thank goodness. I mean, I -- it's -- 17 and it is -- Rex, is there a way -- can we change the action? 18 I mean, can we vote for it and then suspend it at our next 19 meeting if we want? 20 MR. EMERSON: Give me a minute to read the code. 21 COMMISSIONER BALDWIN: Let's see, our next meeting 22 is the 27th. 23 COMMISSIONER LETZ: I mean, it's -- you know, it's 24 so much the whim of the weather. And if we're in a little 25 bit of a wet period, three or four days of cloudy weather 12-10-07 110 1 forecast around the 1st, no, I don't want to ban them. But 2 if we're expecting dry weather and 30 mile-an-hour north 3 winds, yes, I would. 4 COMMISSIONER BALDWIN: I would imagine, though, 5 those companies like Rusty was talking about, like Mr. W, and 6 then they have -- whatever action we take today is probably 7 what they base their purchases and all that on. 8 COMMISSIONER LETZ: That's true. 9 MR. EMERSON: I'm going to answer tentatively yes, 10 'cause under Subsection E, it states an order issued under 11 this section shall expire upon termination, as provided under 12 Subsection B, if drought conditions no longer exist. So, if 13 you don't find that there's a safety hazard existing, it'll 14 kill the order. 15 JUDGE TINLEY: Basically, it's tied to the burn 16 ban. 17 COMMISSIONER LETZ: Tied to the burn ban. 18 JUDGE TINLEY: If the burn ban's in effect, this 19 would be in effect; if the burn ban's not in effect, -- 20 MR. EMERSON: Well -- 21 JUDGE TINLEY: -- this would not be in effect? 22 COMMISSIONER LETZ: You're making one more 23 assumption in this line of thought, I think, Judge. 24 MR. EMERSON: Subsection B of 352.051 is not the 25 same section that the burn ban's under, so -- 12-10-07 111 1 COMMISSIONER OEHLER: Burning up the sky doesn't 2 qualify as burning up the ground. 3 COMMISSIONER LETZ: I mean, but your answer is that 4 we can suspend it, so I would be in favor of doing it. I'll 5 make a motion that we impose the -- whatever it is -- the 6 restriction -- what are we doing? 7 COMMISSIONER BALDWIN: You're -- you adopt an order 8 prohibiting the sale or use of fireworks. 9 COMMISSIONER LETZ: I'll make a motion that we 10 adopt the model order prohibiting the sale of and use of 11 restricted fireworks, with the caveat that we may suspend 12 that at our next meeting if we so choose. 13 COMMISSIONER BALDWIN: Second. 14 JUDGE TINLEY: Motion made and seconded as 15 indicated. 16 COMMISSIONER BALDWIN: That includes missiles with 17 fins? 18 COMMISSIONER LETZ: Missiles with fins. 19 COMMISSIONER BALDWIN: Whew, that's a big one. 20 JUDGE TINLEY: We're talking about Iran now. 21 COMMISSIONER BALDWIN: Yeah. This is getting 22 serious. 23 JUDGE TINLEY: Okay. Any other questions or 24 discussion? All in favor of the motion, signify by raising 25 your right hand. 12-10-07 112 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: The motion carries. We'll go to 5 Item 23; consider, discuss, take appropriate action on the 6 Edward Martin contract. Mr. Emerson? 7 MR. EMERSON: As the Court may recall, there was a 8 snafu with the payroll on this gentleman several years ago, 9 and Ms. Hyde was authorized to pursue the collection of the 10 overpayment. He made a significant contribution toward that 11 collection, and then left the County's employment. 12 Subsequent to that time, he stopped paying on the -- the 13 agreement that he had with the Human Resources Department. I 14 came to the Court with Ms. Hyde and y'all authorized me to 15 pursue recovering the money for the taxpayers. Through a 16 series of communications, I've talked to Mr. Martin. He's 17 agreed to resume payments at the rate of $200 per month, and 18 he has -- he did make his first payment before November 30th, 19 2007, and has indicated that he will each month thereafter. 20 So -- 21 COMMISSIONER LETZ: I'll make a motion we approve 22 the contract as submitted with Edward Martin. 23 COMMISSIONER OEHLER: I second it. 24 MR. EMERSON: And authorize the Judge to sign. 25 COMMISSIONER LETZ: And authorize the Judge to 12-10-07 113 1 sign. 2 JUDGE TINLEY: Motion made and seconded for 3 approval as indicated. Further question or discussion? All 4 in favor of the motion, signify by raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: That motion does carry. Why don't 9 we defer on 24, since that's an executive session item, and 10 go to Section 4 of the agenda for payment of the bills. 11 Okay. First section of 4, payment of the bills. Do we have 12 a motion? 13 COMMISSIONER LETZ: Move we pay the bills. 14 COMMISSIONER BALDWIN: Second. 15 JUDGE TINLEY: Motion made and seconded for payment 16 of the bills. Questions or discussion? 17 MS. HARGIS: Yes. 18 JUDGE TINLEY: I raised an issue -- 19 MS. HARGIS: Yes, and we are -- we are removing it. 20 We checked it out this morning, and we are removing the bill. 21 That was to First Insurance Agency for $1,123, because it's a 22 duplication of insurance coverage. 23 JUDGE TINLEY: Okay. 24 COMMISSIONER BALDWIN: Very good. 25 JUDGE TINLEY: Any other questions or discussion? 12-10-07 114 1 COMMISSIONER LETZ: How did you figure that out, 2 Judge? 3 JUDGE TINLEY: Well, there was an indication here 4 of crime policy in that bill on Page 5, and I recall that 5 when we were trying to deal with -- as opposed to have a 6 whole bunch of individual policies dealing with fidelity 7 issues and defalcation, that we -- we were able to secure one 8 coverage for all Kerr County employees, officers, everybody 9 for -- for crime. And so it occurred to me, that one may be 10 a duplication. 11 COMMISSIONER LETZ: Defalcation must be a lawyer 12 word. 13 JUDGE TINLEY: Yeah. That's when you make off with 14 somebody else's stuff, see. So, we save $1,123, you know? 15 Ain't a pile of money, but it's a pretty good bit. Buy lunch 16 for a whole bunch of folks for a pretty good while. 17 COMMISSIONER BALDWIN: A tire for Road and Bridge's 18 new tractor. 19 JUDGE TINLEY: Yeah. Any other question on any of 20 the bills? Okay. Just as an information item, Indigent 21 Health Care, I'm going to be talking with our new indigent 22 health care administrator over at the hospital and see if 23 there's -- this thing is being really watched carefully. 24 This thing is really, really accruing some big-time bucks; 25 about $65,000 this go-around. So -- 12-10-07 115 1 COMMISSIONER LETZ: Judge, in that area, it may be 2 a good idea -- I'm not volunteering, but it may be a good 3 idea, when we do the liaisons in January, to appoint a 4 liaison to indigent health care that so someone has a regular 5 meeting with those folks, 'cause that's something we don't 6 do, and we probably should. And that would be a good 7 function now to give Commissioner Oehler, probably. 8 COMMISSIONER OEHLER: Let me tell you something, 9 y'all have overloaded me. I'll give up -- I'll give up some 10 of mine. 11 COMMISSIONER LETZ: No, but I think it's probably 12 something that would be a good idea to keep it on our radar 13 screen. 14 JUDGE TINLEY: Yeah. 15 COMMISSIONER LETZ: And, you know, meetings and 16 updates and all that. 17 JUDGE TINLEY: Well, as I'm sure the Court recalls, 18 probably about a year and a half ago, Ms. Taylor, who is now 19 the deputy to Ms. Williams in the County Treasurer's office, 20 was handling that matter at Peterson Hospital, but actually 21 came to us with some suggestions on how we might be able to 22 maintain better control of that, and we adopted them at that 23 time, and it was beneficial, I think. And because of her 24 knowledge in -- in dealing with that issue, I suspect that 25 when I have my discussion, that I'm going to see if 12-10-07 116 1 Ms. Williams will let me incorporate her into that, because 2 she still has excellent knowledge of how that program works, 3 and I want to utilize the benefit of that knowledge. Makes 4 sense. 5 COMMISSIONER OEHLER: That makes a lot more sense 6 than putting me on there. 7 COMMISSIONER LETZ: I just think we need to do it; 8 it would be good. I might even volunteer for it. 9 COMMISSIONER OEHLER: You might get put into it, 10 too. Doesn't take a whole lot of votes to get you in. 11 COMMISSIONER LETZ: I should have said Commissioner 12 Williams. 13 JUDGE TINLEY: You may have started something you 14 don't want to get rolling. 15 COMMISSIONER LETZ: Right. 16 JUDGE TINLEY: Any other question or discussion on 17 the bills? All in favor of the motion, signify by raising 18 your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: That motion does carry. Budget 23 amendments. Looks like we have one with the County Attorney. 24 That's in the summary here, to move from his Public Service 25 account, $400 up to his Bonds account. 12-10-07 117 1 COMMISSIONER BALDWIN: I move that we approve that. 2 COMMISSIONER OEHLER: I'll second it. 3 JUDGE TINLEY: Motion made and seconded for 4 approval of the budget amendment request. Any question or 5 discussion? 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: Do we have any other budget 11 amendments? 12 MS. HARGIS: No, sir. 13 JUDGE TINLEY: Let's move to late bills. We -- 14 we've been given an itemization of the late bills. They all 15 deal with insurance, both the health benefits and then the 16 various Texas Association of Counties policies. For the 17 Court's information, I think those are the net payments to 18 TAC. 19 MS. HARGIS: Yes. 20 JUDGE TINLEY: After getting a credit of some 21 $68,000; is that right? 22 MS. HARGIS: No, $69,344. 23 JUDGE TINLEY: Sorry, I was off a little bit. 24 That's the amount of credit that we got, and when you look at 25 the total amount of the coverage, that's a pretty significant 12-10-07 118 1 credit compared to that total amount. I didn't compute the 2 percentage of total cost. Did you, Ms. Hargis? 3 MS. HARGIS: No, I didn't, but that's nearly -- 4 actually, better than half. We also have another $2,600 5 refund check that will be coming from them for -- 6 JUDGE TINLEY: Off of the law enforcement liability 7 policy, for a rider that -- that I looked into and determined 8 that the -- actually, the District Judges had been carried as 9 insured under the law enforcement liability for 10 administrative duties, and their coverage that we provide for 11 them included coverage for those items, so we reversed that 12 and are eliminating that rider, and that's 2,600 bucks worth 13 coming back. 14 MS. HARGIS: And the reason that these are late is 15 that they have deadlines. 16 COMMISSIONER LETZ: Move approval. 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. I've been 25 presented with monthly reports from the County Clerk for 12-10-07 119 1 October this year, as amended; Constable, Precinct 4; 2 Constable, Precinct 1; Constable, Precinct 2; County Clerk 3 for November this year, both general and trust fund; Justice 4 of the Peace, Precinct 3; Justice of the Peace, Precinct 1; 5 and Justice of the Peace, Precinct 2. Do I hear a motion 6 that these reports be approved as submitted? 7 COMMISSIONER OEHLER: I move approval. 8 COMMISSIONER LETZ: Second. 9 COMMISSIONER BALDWIN: Second. 10 COMMISSIONER LETZ: Third. 11 JUDGE TINLEY: Motion made and seconded for 12 approval of the reports as submitted. Question or 13 discussion? All in favor of the motion, signify by raising 14 your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: The motion does carry. Do we have 19 any reports from any of the Commissioners in connection with 20 their liaison or other assignments? 21 COMMISSIONER BALDWIN: No. 22 COMMISSIONER LETZ: No, sir. 23 JUDGE TINLEY: Okay. Any reports from elected 24 officials? Okay. At this time -- it is 11:53 a.m. -- we 25 will go out of closed -- excuse me, go out of public or open 12-10-07 120 1 session to go into executive or closed session to consider 2 Item 24. So, at this time we'll go out of open or public 3 session. 4 (The open session was closed at 11:53 a.m., and an executive session was held, the transcript of which 5 is contained in a separate document.) 6 - - - - - - - - - - 7 JUDGE TINLEY: Okay. It is 12:11 p.m. and we're 8 now in open or public session. Does any member of the Court 9 have anything to offer with respect to matters considered in 10 executive session? 11 COMMISSIONER LETZ: I'll make a motion that we 12 authorize the Sheriff to hire a part-time deputy, not to 13 exceed 15 hours per week. 14 COMMISSIONER OEHLER: Second. 15 COMMISSIONER LETZ: The funds to come from the 16 Deputy -- 17 SHERIFF HIERHOLZER: Salary line. 18 COMMISSIONER LETZ: -- Salary line item in his 19 budget. 20 COMMISSIONER OEHLER: I still second it. 21 JUDGE TINLEY: Motion made and seconded as 22 indicated. Further question or discussion? All in favor of 23 the motion, signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 12-10-07 121 1 (No response.) 2 JUDGE TINLEY: That motion does carry. Gentlemen, 3 do we have anything else to offer before we adjourn? This 4 meeting will be adjourned. 5 (Commissioners Court adjourned at 12:12 a.m.) 6 - - - - - - - - - - 7 8 9 10 STATE OF TEXAS | 11 COUNTY OF KERR | 12 The above and foregoing is a true and complete 13 transcription of my stenotype notes taken in my capacity as 14 County Clerk of the Commissioners Court of Kerr County, 15 Texas, at the time and place heretofore set forth. 16 DATED at Kerrville, Texas, this 14th day of December, 17 2007. 18 19 JANNETT PIEPER, Kerr County Clerk 20 BY: _________________________________ Kathy Banik, Deputy County Clerk 21 Certified Shorthand Reporter 22 23 24 25 12-10-07