1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, August 11, 2008 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X August 11, 2008 2 PAGE 3 --- Commissioners' Comments 5 4 1.1 Consider/discuss, take appropriate action on renewal of FY 08-09 State Case Registry/Local 5 Customer Service Contract between Kerr County and Office of the Attorney General, Child Support 6 Division 7 7 1.2 Consider/discuss, take appropriate action to authorize Request for Proposals (RFP) for 8 reworking electrical conduits and wiring in front area of Kerr County Courthouse square 8 9 1.3 Consider/discuss, take appropriate action 10 to approve changing the polling location in Precinct 404 in accordance with Chapter 43 11 of the Texas Election Code 11 12 1.4 Consider/discuss, take appropriate action for Final Plat of Camp Verde General Store, Pct. 2 12 13 1.8 Consider/discuss, take appropriate action to 14 approve extension of Kerr County teen curfew for another year 17 15 1.5 Consider/discuss, take appropriate action for 16 a smaller cul-de-sac on Woodland Rd., Pct. 2 18 17 1.9 Consider/discuss, take appropriate action to authorize Request for Proposals (RFP) for bids 18 to replace approximately 77 windows in original Kerr County Courthouse and renovation or 19 replacement of front door to courthouse and side entry door on Sidney Baker 35 20 1.10 Consider/discuss, take appropriate action on 21 implementation of the burn ban 38 22 1.11 Consider/discuss, take appropriate action on giving notice to City of Kerrville on potential 23 cancellation of the "Interlocal Cooperation Agreement Between Kerr County and the City of 24 Kerrville for Regulation of Subdivisions Within the City of Kerrville's Extraterritorial 25 Jurisdiction" 39 3 1 I N D E X (Continued) August 11, 2008 2 PAGE 1.6 Consider/discuss, take appropriate action on 3 Budget Request from the Kerr County Historical Commission 42 4 1.7 Consider/discuss, take appropriate action on 5 request from Kerr County Historical Commission to move three historical markers 51 6 1.12 Consider/discuss, take appropriate action to 7 make appointments and/or reappointments to the Kerrville/Kerr County Joint Airport Board 61 8 1.13 Consider/discuss, take appropriate action to 9 raise the Court Compliance Collector's salary to the amount currently in the budget for that 10 position 63 11 1.14 Consider/discuss, take appropriate action to clarify Court Order #30881 regarding employee 12 benefits package for the Airport Manager of the Kerrville/Kerr County Airport, and other such 13 services as may be required 64 14 1.15 Consider/discuss, take appropriate action to approve/replace part-time position with a full- 15 time position in Court Compliance Office (Executive Session) 71 16 4.1 Pay Bills 71 17 4.2 Budget Amendments 72 4.3 Late Bills -- 18 4.4 Approve and Accept Monthly Reports 73 19 5.1 Reports from Commissioners/Liaison Committee Assignments -- 20 5.2 Reports from Elected Officials/Department Heads -- 5.3 Reports from Boards, Commissions and Committees -- 21 3.1 Action as may be required on matters discussed in 22 executive session -- 23 --- Adjourned 78 24 25 4 1 On Monday, August 11, 2008, 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 (Commissioner Williams not present.) 8 JUDGE TINLEY: Good morning, ladies and gentlemen. 9 Let me call to order this regularly scheduled meeting of the 10 Kerr County Commissioners Court posted and scheduled for this 11 time and date, Monday, August the 11th, 2008 at 9 a.m. It is 12 that time now. Commissioner Baldwin? 13 COMMISSIONER BALDWIN: Yes, sir. Would you stand 14 and have a word of prayer with me, and then we'll do the 15 pledge of allegiance. 16 (Prayer and pledge of allegiance.) 17 COMMISSIONER BALDWIN: Thank you. 18 JUDGE TINLEY: At this time, if there's any member 19 of the audience or the public that wishes to be heard on any 20 matter that is not a listed agenda item, this is your 21 opportunity to be heard. If you wish to be heard on one of 22 the agenda items, we'd ask that you fill out a participation 23 form. They're located at the back of the room. It's not 24 essential that you do that. It helps me when we come to that 25 item to be sure that I don't miss you if you wish to be 8-11-08 5 1 heard. However, if you've not filled out a participation 2 form and wish to be heard on an agenda item, just get my 3 attention in some manner when we're on that agenda item, and 4 I'll see that you do have the opportunity to be heard. But 5 right now, if there's any member of the public or the 6 audience that wishes to be heard on any matter that is not a 7 listed agenda item, come forward and tell us what's on your 8 mind. Seeing no one coming forward, we will move on. 9 Commissioner Baldwin, what do you have for us this morning? 10 COMMISSIONER BALDWIN: I just wanted to let 11 everybody know that this afternoon I will be leaving and 12 going to New Mexico to watch my little boy graduate tomorrow 13 from the Border Patrol Academy, and they will pin a badge on 14 him and put a gun in his holster, and he will officially be a 15 federal officer. And -- scary thought, that guy with a gun 16 with bullets and the whole thing. It's kind of scary for me. 17 But, anyway, I'm really, really excited; we're so proud of 18 him. He'll -- he'll receive two outside awards besides being 19 sworn in, and so -- 20 JUDGE TINLEY: What are those awards? 21 COMMISSIONER BALDWIN: Expert firearms and the 22 outstanding athlete of the school. 23 JUDGE TINLEY: Pretty significant. 24 COMMISSIONER BALDWIN: Which is a big, big deal. 25 SHERIFF HIERHOLZER: Does that mean you're going to 8-11-08 6 1 change your opinion about feds? 2 COMMISSIONER BALDWIN: Yeah, for a while. 3 SHERIFF HIERHOLZER: Oh, okay. (Laughter.) 4 COMMISSIONER BALDWIN: Till the next step. Yeah, 5 we love Border Patrol. Greatest organization on earth. 6 SHERIFF HIERHOLZER: Okay. 7 JUDGE TINLEY: It's those other outfits that create 8 all the problems? 9 COMMISSIONER BALDWIN: Yeah, those other outfits. 10 So -- but, anyway, that's all. 11 JUDGE TINLEY: Thank you. Commissioner Letz? 12 COMMISSIONER LETZ: Bear with me; I've got a little 13 bit of a summer cold, so I'm a little bit nasal today. Just 14 be careful of fire. We had a big fire in our area, far 15 southeastern part of the county. Rusty's numbers are that it 16 burned about 250 acres. They had tankers and helicopters and 17 all that stuff out there trying to get it under control. 18 Some very rough terrain, very difficult to get to, and it 19 burned -- started by someone burning trash in a barrel. One 20 little ember went across the fence, and away it went. 21 Anyway, people, please be careful. That's it. 22 JUDGE TINLEY: Commissioner Oehler? 23 COMMISSIONER OEHLER: Well, I have a little sad 24 news this morning. Janie Roman's nephew was found dead 25 Friday morning, and just wanted y'all to keep her and her 8-11-08 7 1 family in your prayers. Thirty-two years old, and I think he 2 was involved in a car accident or something on Thursday, but 3 did not receive any medical attention, and -- stubbornness, I 4 guess, but they found him dead Friday morning. So, I wanted 5 y'all to know that, the manager of Animal Control's nephew. 6 That's it. 7 JUDGE TINLEY: Thank you. Let's get on with our 8 agenda, if we could. The first item on the agenda is to 9 consider, discuss, and take appropriate action on the renewal 10 of the State Fiscal Year '08-'09 State Case Registry local 11 customer service contract between Kerr County and the Office 12 of the Attorney General, Child Support Division. This is an 13 annual contract that we've been dealing with for some time, I 14 believe. Mr. Emerson, have you had any consultation with the 15 District Clerk on this? I believe she's the point on this, 16 is she not? 17 MR. EMERSON: I have not seen this year's contract, 18 Judge, but I know the last four years it was the exact same 19 wording every year. 20 JUDGE TINLEY: Mm-hmm. 21 MR. EMERSON: So -- 22 JUDGE TINLEY: I've got a whole batch of them right 23 here. 24 COMMISSIONER LETZ: I'll move approval, subject to 25 the County Attorney reviewing the form. 8-11-08 8 1 COMMISSIONER OEHLER: Second. 2 JUDGE TINLEY: Motion made and seconded as 3 indicated. Further question or discussion on the motion? 4 All in favor of the motion, signify by raising your right 5 hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: That motion does carry. The next 10 item is to consider, discuss, and take appropriate action to 11 authorize Request for Proposals for reworking the electrical 12 conduits and wiring in the front area of the Kerr County 13 courthouse square. Mr. Bollier? 14 MR. BOLLIER: Yes, sir. Out in the -- we've talked 15 about this before. Out in the front yard, I have electrical 16 conduits that are not but about maybe one inch under the 17 ground that need to be redone. I have wiring that comes from 18 27 that comes all the way across to the -- on Earl Garrett, 19 that I want to put down in the ground, because it's not up to 20 code. I have another wire that goes -- that's over here in 21 this other corner on 16 and 27, in that corner right there of 22 the yard. That wire that comes across there needs to be put 23 underground; it is not up to code. And then I need to get 24 some of this electricity out of the -- these electric outlets 25 out of the trees and put down to the base of the trees, to 8-11-08 9 1 where we don't put -- we're not going to lose any -- 2 COMMISSIONER LETZ: Christmas lighting? 3 MR. BOLLIER: The Christmas lights. I mean, the 4 Christmas lighting people aren't going to lose any -- 5 COMMISSIONER LETZ: Receptacles. 6 MR. BOLLIER: Receptacles, that's the word. That's 7 the word. And other than that, that's it. 8 JUDGE TINLEY: But other than -- other than the 9 fact that they'll have access to those, I know that the 10 Christmas lighting people put in some electrical service. 11 Does your item deal with any of the items they put in? 12 MR. BOLLIER: Yes, sir, it does. 13 JUDGE TINLEY: They paid for the cost of 14 installation some few years ago, and that's, of course, now 15 our property. That's mostly out on the outside, I think. 16 MR. BOLLIER: Yes, sir, that stuff that they put in 17 is on the outside. And they have been told -- Commissioner 18 Williams I did have a meeting with Kyle Bond himself, and we 19 told them that their boxes that they have in the ground, the 20 ground boxes are not up to snuff, and that they need to be 21 fixed, because the tops of them are breaking and it causes a 22 hazard, and people can fall in and can step into them. 23 They're -- you know, they're not but maybe 6 inches deep, but 24 still... And then those outlets, they didn't put them in -- 25 the boxes are not tight -- watertight enough. 8-11-08 10 1 COMMISSIONER LETZ: Rex, does this get included in 2 the overall, I guess, landscaping redo of the courthouse 3 yard? So it has to go under the over $25,000 bid? How do 4 you bid it when we're not going to -- really, other than what 5 Tim said, we don't know -- there's going to be a lot of 6 things that are going to be found as we're going on something 7 like this, 'cause we really don't know where they're all 8 buried. We don't know where a lot of that stuff is. Can you 9 bid on an hourly basis? I mean, can you -- 10 MR. EMERSON: You can do that, but I think you can 11 write your -- your Request for Proposals or bids based on 12 what is known. 13 COMMISSIONER LETZ: What is known, and -- 14 MR. EMERSON: And then have a separate paragraph in 15 there for newly discovered. 16 COMMISSIONER LETZ: And then anything additional 17 would be at a -- you know, you can do, like, an hourly rate 18 or something? I mean -- 19 MR. EMERSON: Sure. 20 COMMISSIONER OEHLER: Time and materials. 21 COMMISSIONER LETZ: Time and materials, okay. I 22 think that would be the wise way to do it, 'cause there's -- 23 I mean, we really have no idea what we're getting into. 24 COMMISSIONER OEHLER: Some of this stuff is 25 extremely dangerous. 8-11-08 11 1 COMMISSIONER LETZ: Yeah. 2 COMMISSIONER OEHLER: The way it was done, it was 3 not, evidently, inspected and watched very closely when it 4 was done before, and -- and it needs to be made safe, I 5 believe. 6 COMMISSIONER LETZ: I believe so. I'll make a 7 motion to authorize going out for RFP for electrical work on 8 the courthouse square. 9 COMMISSIONER OEHLER: Second. 10 JUDGE TINLEY: Motion made and seconded for 11 approval of the agenda item as indicated. Any question or 12 discussion on the motion? All in favor of the motion, 13 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. 18 MR. BOLLIER: Thank you. 19 JUDGE TINLEY: We'll move to Item 3; consider, 20 discuss, and take appropriate action to approve changing the 21 polling location in Precinct 404 in accordance with Chapter 22 43 of the Texas Election Code. 23 MS. ALFORD: Morning. 24 JUDGE TINLEY: Good morning, Ms. Alford. 25 MS. ALFORD: Judges in 404 have asked to change the 8-11-08 12 1 Mountain Home Fire Department to Sunset Baptist Church, and 2 they've brought it up to code, to the A.D.A. ramp and that. 3 COMMISSIONER OEHLER: I'll move that we move the 4 polling place from Mountain Home Volunteer Fire Department to 5 Sunset Baptist in Mountain Home. 6 COMMISSIONER BALDWIN: Second. 7 JUDGE TINLEY: Motion made and seconded as 8 indicated. Question or discussion on that motion? All in 9 favor of that motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: That motion does carry. We'll move 14 to Item 4; consider, discuss, and take appropriate action for 15 final plat of Camp Verde General Store located in Precinct 2. 16 I'm wondering if we should defer on this until Commissioner 17 Williams arrives. 18 COMMISSIONER BALDWIN: I would think so. 19 JUDGE TINLEY: Yeah. 20 COMMISSIONER LETZ: Is there any problems with it? 21 MS. HARDIN: Not to my knowledge. 22 COMMISSIONER LETZ: I've talked to Commissioner 23 Williams quite a bit. We can certainly wait, but he can -- 24 he's been very much in favor of trying to get this thing 25 processed through and work with both Environmental Health, 8-11-08 13 1 the owners, everybody else, to try to get this accomplished. 2 But, anyway -- 3 MS. HARDIN: Go ahead? No? 4 COMMISSIONER OEHLER: This has been going on for 5 quite a while. 6 COMMISSIONER LETZ: Yeah. 7 JUDGE TINLEY: Based upon your conversations with 8 Commissioner Williams, he generally wants this thing to move 9 forward and get the plat approved? 10 COMMISSIONER LETZ: Yes, sir. 11 JUDGE TINLEY: Okay. Let's go ahead with Item 4, 12 then; consider, discuss, take appropriate action for final 13 plat of Camp Verde General Store located in Precinct 2. 14 MS. HARDIN: This is a two-lot commercial 15 subdivision for the Camp Verde General Store. You approved 16 the final -- the preliminary plat back in June. The 17 building, well, and septic are on Lot 1, and there is a note 18 that was added, Note Number 5, that states that no 19 residential structure will be on Lot 2. So, at this time, we 20 ask that you accept it as presented. 21 COMMISSIONER LETZ: Move approval. 22 COMMISSIONER OEHLER: Second. 23 JUDGE TINLEY: Motion made and seconded for 24 approval of the agenda item as indicated. Question or 25 discussion on the motion? 8-11-08 14 1 COMMISSIONER BALDWIN: It is your recommendation 2 that we approve this? 3 MS. HARDIN: It is Mr. Odom's recommendation that 4 you approve it. 5 COMMISSIONER BALDWIN: Mr. Odom's? 6 COMMISSIONER LETZ: I have a question, probably to 7 Rex. Our rules say that on commercial subdivisions, they're 8 kind of dealt with on a case-by-case basis. Since these lots 9 are smaller than are currently allowed, do we need any 10 variance -- or approval of any variance for that? Or -- I 11 mean, it's -- it's kind of -- our rules leave these 12 situations to our discretion, because commercial -- 13 MR. EMERSON: I think you have complete 14 discretionary authority, and -- 15 COMMISSIONER LETZ: With commercial. 16 MR. EMERSON: As you and the rest of the Court 17 know, I mean, this started probably a couple years ago, 18 trying to resolve the situation and to allow them to expand 19 to a safe capacity with legal means, and we had to clear up 20 all the property boundaries. 21 COMMISSIONER LETZ: Okay. So, this -- I mean, this 22 is in compliance with our rules, in your opinion? 23 MR. EMERSON: To the best of my knowledge, yes. 24 COMMISSIONER LETZ: Okay. That's it. 25 JUDGE TINLEY: I've got one question. I think I 8-11-08 15 1 may have raised it previously. Of course, the plat indicates 2 that it is Camp Verde General Store. In the sign-off that's 3 put on the plat for myself, it says this plat, Camelot Hills 4 Estates. What are we going to call this thing? 5 MS. HARDIN: I don't know. That's the name of the 6 owners. I don't know why he -- 7 JUDGE TINLEY: Well, I know that -- that we talk 8 about -- there's a provision on here that -- up at the very 9 top. 10 MS. HARDIN: I see. 11 JUDGE TINLEY: Certificate of ownership, Camelot 12 Hills Group, L.L.C., and -- and that's fine. But if we're 13 going to call this plat Camp Verde General Store, I would 14 think where I sign off on it, it needs to say "Camp Verde 15 General Store," the way we identified this plat. 16 MS. HARDIN: I can take it back to the surveyor and 17 have him make that change. 18 COMMISSIONER LETZ: Draw a line through it; do it 19 on the mylar. 20 JUDGE TINLEY: Depends on how messy they want their 21 work to look. 22 MS. HARDIN: It's already been signed off by all 23 the owners, so I -- I would say that you just mark through it 24 with permanent ink and write it in. Or we could ask the 25 surveyor to come in and do that before it's filed. 8-11-08 16 1 COMMISSIONER BALDWIN: Is he in the back of the 2 room? 3 MS. HARDIN: He is. 4 COMMISSIONER LETZ: Is that the only spot? 5 MR. BRANDENBERG: Would I mark through it right 6 now, or over at the County Clerk's office? 7 MS. HARDIN: It's right there on her desk. 8 COMMISSIONER LETZ: Good eye, Judge. 9 JUDGE TINLEY: Okay. Anything else? All in favor 10 of the motion, signify by raising your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: That motion does carry. Let's move 15 to -- 16 MS. HARDIN: I think on Item 5, Ms. Kilgore would 17 like to wait for Mr. Williams. 18 MS. KILGORE: When is he coming? 19 JUDGE TINLEY: Yeah. This one has not been 20 considered previously, I don't think, has it? 21 MS. HARDIN: No, sir. 22 JUDGE TINLEY: Okay. 23 MS. HARDIN: Ms. Kilgore asked if you might know 24 when he's -- 25 JUDGE TINLEY: Why don't we wait on that. 8-11-08 17 1 Commissioner Williams had some sort of dental procedure that 2 befell him at the last moment. Better him than me, is all I 3 can say. But he should be along here in a minute. Let's go 4 to Item 8, if we might; consider, discuss, and take 5 appropriate action to approve extension of Kerr County teen 6 curfew for another year. Hi, Sheriff. 7 SHERIFF HIERHOLZER: Sir. 8 COMMISSIONER BALDWIN: High Sheriff. That was 9 good. 10 COMMISSIONER OEHLER: High Sheriff. 11 SHERIFF HIERHOLZER: As you know, this is something 12 that gets renewed every year. We have one; city of Ingram 13 has one. City of Kerrville has chosen not to have one over 14 the years. We do not write very many citations under this 15 ordinance or this deal. This last year, we did write five 16 warnings under it, four kids in one location and another kid 17 in another location that were out after hours. It does give 18 us a good tool, 'cause when we write those warnings, we also 19 contact the parents and let them know that their kids are out 20 in violation of this curfew. 21 (Commissioner Williams entered the courtroom.) 22 SHERIFF HIERHOLZER: So, I think it is a good tool. 23 I don't think our officers use it that much to abuse it or 24 anything else. I think it should continue. 25 COMMISSIONER BALDWIN: Do you think that, with us 8-11-08 18 1 having one and Ingram having one, are they chasing the 2 juveniles into the city of Kerrville? 3 SHERIFF HIERHOLZER: I hope so. I know that the -- 4 COMMISSIONER BALDWIN: Me, too. 5 SHERIFF HIERHOLZER: I know the Police Chief did 6 contact my chief deputy last week and asked if they had one, 7 so he wasn't aware. He's a newer chief, and I don't know if 8 it's on his mind to maybe consider having one inside the city 9 after all these years or not, but I think it would be a good 10 thing for them to. 11 COMMISSIONER BALDWIN: I move for approval. 12 COMMISSIONER LETZ: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval of the agenda item. Question or discussion on that 15 motion? All in favor of that motion, signify by raising your 16 right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: That motion does carry. Let the 21 record reflect that Commissioner Williams joined us for that 22 agenda item. Let's go back to Item 5, if we might; consider, 23 discuss, and take appropriate action for a smaller cul-de-sac 24 on Woodland Road located in Precinct 2. 25 MS. HARDIN: Would you like to speak on it, or 8-11-08 19 1 would you like for me to? 2 COMMISSIONER WILLIAMS: Go. 3 MS. HARDIN: Mr. and Mrs. Kilgore did a revision of 4 plat to consolidate four lots into three, and then they sold 5 their original home, which was on Lot 81R and 83R, and they 6 retained 79R as a building site for a new home. They -- they 7 furnished the County with a letter of credit to build the 8 cul-de-sac once they completed the construction of their new 9 home. They live on Woodland Road in The Woods Subdivision, 10 which was originally platted in 1979 with only a 25-foot 11 right-of-way into the entrance of Woodland Road. Therefore, 12 there's a very narrow County-maintained road that terminates 13 at their original home with no cul-de-sac. The gentleman who 14 purchased the original home on 81 and 83 is adamantly opposed 15 to a cul-de-sac being built on what he considers his 16 property. Mrs. Kilgore is asking the Court to allow her to 17 build a smaller turnaround cul-de-sac within what she 18 considers the right-of-way of her property. Should the Court 19 allow her to do this, Mr. Odom has said he will work with her 20 to assure it is done safely and in such a manner that it will 21 be tied into the County-maintained road. 22 COMMISSIONER WILLIAMS: Karen, are you there? 23 MS. KILGORE: Yes. 24 COMMISSIONER WILLIAMS: Your homesite is 79; is 25 that correct? 8-11-08 20 1 MS. KILGORE: Correct. 2 COMMISSIONER WILLIAMS: And when we talked with 3 Mr. Odom, you and I and Mr. Odom, we talked about the 4 possibility of having essentially an emergency vehicle 5 turnaround, whatever radius is necessary for that purpose, on 6 Lot 79. 7 MS. KILGORE: Correct. 8 COMMISSIONER WILLIAMS: Is that correct? 9 MS. KILGORE: Correct. 10 COMMISSIONER WILLIAMS: That's my recollection. 11 MS. KILGORE: Yes. 12 COMMISSIONER WILLIAMS: Okay. So, that's what 13 we're asking the Court today, right? 14 MS. HARDIN: Right. 15 COMMISSIONER WILLIAMS: That we be allowed to go 16 ahead and provide that emergency services turnaround on Lot 17 79, an easement on Ms. Kilgore's property, okay, just so 18 everybody understands. I have no problem with it. Mr. Odom 19 has no problem with it, and apparently that would take care 20 of the concerns of the neighbors who did not want any more 21 easements on their property, or any easements at all; is that 22 correct? 23 MS. KILGORE: Correct. 24 COMMISSIONER BALDWIN: Well, the -- this language 25 of the neighbor considering that it was his property, is that 8-11-08 21 1 -- is that before we made this decision? 2 COMMISSIONER WILLIAMS: I'm not sure I understand. 3 COMMISSIONER BALDWIN: Truby, you said something 4 about one of the neighbors -- gentleman -- I don't think you 5 named him, but the person that was opposed to the cul-de-sac 6 because he felt like that it was his property. 7 MS. HARDIN: Yes, but we're talking about the 8 original platted cul-de-sac. 9 COMMISSIONER BALDWIN: Okay. So, this is something 10 that's beyond that issue? 11 COMMISSIONER WILLIAMS: Yes, that's correct. 12 COMMISSIONER BALDWIN: And now we've gone strictly 13 on Ms. Kilgore's property, 100 percent? Or -- 14 MS. KILGORE: Basically, what I'm asking the Court 15 to approve is moving the platted cul-de-sac, which was on the 16 county deed that he signed when he bought the property, 17 completely off of his property, and allow me to put in -- I 18 have -- I have a much smaller lot, obviously. I don't think 19 it can handle a big neighborhood cul-de-sac when there's 20 three little houses over 7 and a half acres. But to put in 21 whatever the County -- and Mr. Odom said he'd work with me to 22 put in a small turnaround that my -- my property can hold, 23 and it will end at my property. It will not penetrate to the 24 lots beyond my property, which the landowner's adamantly 25 against. Adamantly. 8-11-08 22 1 JUDGE TINLEY: Let me -- let me see if I've got a 2 grasp of this. 3 MS. KILGORE: Sure. 4 JUDGE TINLEY: You formerly owned all of that 5 property; is that correct? 6 MS. KILGORE: I did. 7 JUDGE TINLEY: And the two larger lots that are 8 indicated in the material before us, you sold to the present 9 owner who is adamantly opposed? 10 MS. KILGORE: Correct. 11 JUDGE TINLEY: Okay. And at the time you sold to 12 him, had this property been replatted as indicated back in 13 September of -- when? 14 MS. KILGORE: '06. 15 JUDGE TINLEY: '06? 16 COMMISSIONER WILLIAMS: Yeah. They came before the 17 Court, Judge. 18 JUDGE TINLEY: Okay. And you replatted, and then 19 you sold the property to this individual? 20 MS. KILGORE: Yes. It was all platted. It had 21 been Lots 79 through 83. It became 79, 81, and 83R. What I 22 came to you two years ago for was to request a variance on 23 the 1-acre septic. 24 JUDGE TINLEY: Because of the 0.67-acre tract. 25 MS. KILGORE: Right, that I -- that I was hoping to 8-11-08 23 1 have. And you agreed to that, provided I could bring an 2 engineer -- septic engineer study that showed a septic which 3 would fit, which it does fine. 4 JUDGE TINLEY: Mm-hmm. Well, -- 5 MS. KILGORE: And -- 6 JUDGE TINLEY: -- where I'm coming from, 7 Ms. Kilgore, is if you replatted this property, and in doing 8 so, provided for a 50-foot radius cul-de-sac, and thereafter 9 sold your property to a third-party buyer pursuant to that 10 plat, unless there's something on that plat that I don't 11 anticipate, adamantly opposed or not, your neighbor has no 12 right to complain, and the County has the right to build a 13 50-foot cul-de-sac there, whether he likes it or not. 14 COMMISSIONER BALDWIN: That's what I'm talking 15 about. 16 MS. KILGORE: I understand that, sir. My point 17 would be, it makes very difficult for me living next door to 18 a person who is intensely angry, and two, it's a little 19 county lane serving basically a dead-end road of one house 20 beyond mine. And the original plat in '79 wasn't platted 21 correctly, in that it's -- how wide? -- 25 instead of 22 50 feet. So, basically, what you have starting at Lot 79, or 23 right when Woodland Road makes the turn, is a little country 24 lane. If an emergency vehicle needed to get in there -- 25 Mr. Williams has seen the property. There's plenty of room 8-11-08 24 1 to do that, without hurting a tree, without, you know, going 2 in a ditch. There's plenty of -- that's bottom -- good 3 bottom river land. You know, there's plenty of space there 4 for an emergency vehicle to get in. But it's going to cause 5 me a lifetime of woe. 6 JUDGE TINLEY: Well, what I'm suggesting to you, 7 Ms. Kilgore, is that if he's got anybody to be mad at, he 8 ought to be mad at himself, because if he bought pursuant to 9 this plat, he took subject to all of the terms of it, and 10 there's dedicated to the public that cul-de-sac that's shown 11 on that plat, and so be it. It sounds to me like he 12 doesn't -- he's going to be mad at anybody that's within 13 1,000 yards of him. 14 MS. KILGORE: Yes, sir. 15 JUDGE TINLEY: Just because he's -- how old is this 16 gentleman? 17 MS. KILGORE: He's about 60. 18 JUDGE TINLEY: Okay. Well, -- 19 COMMISSIONER BALDWIN: Let's don't knock that. 20 JUDGE TINLEY: -- he won't last forever. 21 MS. KILGORE: Without recounting a lot of woes, 22 I'll have to tell you, it's going to cause me a lot of grief. 23 It has been a relentless assault on my ability to build my 24 home. It's a lot of grief. 25 JUDGE TINLEY: Well, depending upon the type of 8-11-08 25 1 grief he may be causing, you may want to talk to that 2 gentleman right there. 3 COMMISSIONER BALDWIN: The one with the gun? 4 JUDGE TINLEY: Yeah, the one with the gun. 5 COMMISSIONER LETZ: Or the one next to him. 6 COMMISSIONER BALDWIN: Or the one next to him. 7 SHERIFF HIERHOLZER: The one next to him is civil. 8 Got to fit the statute. 9 MS. KILGORE: I think a great big cul-de-sac there 10 is overkill. If you saw the property -- Mr. Williams can 11 address that. I mean, you know, it's -- 12 COMMISSIONER WILLIAMS: The right-of-way that's 13 shown on Lots 79 and 83 for the road itself, that's still 14 intact and will continue to be intact. That's what we're 15 saying, is it not? Is that correct, Truby? 16 MS. HARDIN: I'm sorry? 17 MS. KILGORE: The right-of-way on 79 will still be 18 there, yes. 19 COMMISSIONER WILLIAMS: And 83. There's 20 right-of-way on both for the road -- for roadway. 21 MS. KILGORE: Well, there's a road there. 22 COMMISSIONER WILLIAMS: Right. 23 MS. HARDIN: But -- 24 MS. KILGORE: The County didn't pave that road 25 according to the plat. The County paved where an informal 8-11-08 26 1 driveway had been. The -- the platted county road, quote, 2 unquote, is not according to the plat anyway. They were kind 3 enough to come in and pave, and they paved where -- where we 4 had been driving. 5 MS. HARDIN: Right. 6 JUDGE TINLEY: Is this a "For Sale" sign I see in 7 front of his house? 8 MS. KILGORE: Yes. 9 JUDGE TINLEY: That's probably the best thing to 10 happen to you in a long -- no, that shows a contractor. Is 11 it, in fact, for sale? 12 MS. HARDIN: No. 13 MS. KILGORE: There's a contractor's sign in front 14 of my house, but there's a "For Sale" sign in front of his. 15 JUDGE TINLEY: Okay. 16 MS. KILGORE: I'm hopeful. (Laughter.) 17 JUDGE TINLEY: Like to encourage whatever activity 18 might be available, right? 19 COMMISSIONER WILLIAMS: Maybe. 20 MS. HARDIN: Hers is the house on the front page of 21 the photographs. 22 COMMISSIONER WILLIAMS: Say it again? 23 MS. HARDIN: Her home is the one that's on the 24 front page of the photographs. 25 COMMISSIONER WILLIAMS: Right, okay. 8-11-08 27 1 MS. HARDIN: And then on the second page -- y'all 2 don't have it in color, but there's a construction fence near 3 the back of the property which would be close to his property 4 line. So, all of the land in front of that fence is the open 5 area that she was talking about. He also has fence -- where 6 the board fence is is part of where the cul-de-sac would be. 7 JUDGE TINLEY: The board fence is in the 8 right-of-way on our plat? 9 MS. HARDIN: Yes. 10 COMMISSIONER WILLIAMS: Whose fence is that? 11 MS. KILGORE: His. 12 MS. HARDIN: His. 13 COMMISSIONER WILLIAMS: Well, looks like we got 14 some problems with him. 15 MS. HARDIN: If you look at that -- where that 16 fence is, that is where the center of the cul-de-sac would be 17 if you -- if you put -- if you built the platted cul-de-sac. 18 JUDGE TINLEY: The corner of that fence is out 19 in -- where, the corner of the cul-de-sac? 20 MS. KILGORE: No, the construction fence. Oh, 21 between -- well, on your drawing, if you look at the mesh 22 fence that we just fenced off so that construction vehicles 23 wouldn't go on their property, and then you see the split 24 rail sort of fence that has the "For Sale" sign, the 25 cul-de-sac is platted to be right about between those two. 8-11-08 28 1 COMMISSIONER LETZ: But can -- could the cul-de-sac 2 not be moved this way, to be less obtrusive? Why don't we do 3 that? I mean, I'm not -- 4 COMMISSIONER WILLIAMS: Which way, Jon? I can't 5 see what you're talking about. 6 COMMISSIONER LETZ: Move the cul-de-sac this way 7 towards up in here. 8 COMMISSIONER WILLIAMS: To where the road makes the 9 bend? 10 MS. HARDIN: Basically, that's what she's asking, 11 only she's asking to build it over to her side of the roadway 12 instead of his side of the roadway. 13 JUDGE TINLEY: Well, if we build it all over on her 14 side, the way it is done here, it's going to materially 15 impact usable land that she's got. If we bring it right 16 straight back, it's going to be on a portion of the lot that 17 she's sold to Mr. Wonderful, and, you know, we'd have to get 18 his approval. I would think he'd probably be -- be agreeable 19 to that, as opposed to the way it is now. If he's agreeable 20 to anything. 21 MS. KILGORE: Not much. 22 JUDGE TINLEY: I see. Well -- 23 MS. KILGORE: Mr. Odom and Mr. Williams 24 suggested -- I think you can speak for yourself more than I 25 can -- that we might put in a half a cul-de-sac on my 8-11-08 29 1 property, which will be okay. I can tie my driveway into it. 2 It won't take out a tree or be injurious to the drip line of 3 a tree. 4 COMMISSIONER WILLIAMS: On the left-hand side of 5 your property. 6 MS. KILGORE: So, if you entered -- if you entered 7 into Woodland Road, a turnaround for an emergency vehicle 8 would be paved in, say, a half moon in front of my house. If 9 an emergency vehicle ever had to really get in there, that 10 would probably be sufficient turnaround, but if not, that 11 area -- that kind of dead area in front that's my neighbor's 12 land could be a turnaround place. 13 COMMISSIONER WILLIAMS: How big a cul-de-sac did we 14 say, Truby? Did Leonard -- 15 MS. HARDIN: We didn't get numbers. 16 COMMISSIONER WILLIAMS: Don't know what the radius 17 would be? 18 MS. HARDIN: If you're talking about for -- 19 correct. 20 COMMISSIONER LETZ: Why can't we do that? Replat 21 it like that, and let's move on. Or something -- you know, 22 maybe -- we obviously don't have the scale there. Pull the 23 cul-de-sac back up towards the road. It's going to impact 24 less of his property. 'Cause right now, you're saying it's 25 going across where his wooden fence is. I would think this 8-11-08 30 1 is pulling it away from that open land in front of his wooden 2 fence. 3 MS. HARDIN: So, do a revision of plat? We were 4 trying -- okay. 5 COMMISSIONER WILLIAMS: Let me see that drawing. 6 JUDGE TINLEY: Incidentally, is there anyone here 7 that purports to be acting on behalf of the other property 8 owner in this situation? 9 (No response.) 10 JUDGE TINLEY: Apparently wasn't interested. 11 MR. EMERSON: Before you do anything to impact his 12 property, I think you need to give him an opportunity to 13 respond. 14 JUDGE TINLEY: Mm-hmm. 15 COMMISSIONER LETZ: Yeah, there'll have to be a 16 revision of plat. We couldn't do it today. But, I mean, he 17 has a choice. As I see it, we can build it where it is, 18 which is going to impact him a lot to take down his fences, 19 or he can agree to pull the whole thing back, which helps 20 everybody. 21 COMMISSIONER WILLIAMS: Karen, the one that -- the 22 resident neighbor that's giving you the most heartburn is the 23 one that lives on 81R, right? Your old residence? 24 MS. KILGORE: Yes. 25 COMMISSIONER WILLIAMS: Not the one that's on 83? 8-11-08 31 1 MS. KILGORE: No, the one on 83 would be very happy 2 for the cul-de-sac to be -- 3 COMMISSIONER WILLIAMS: Well, then this is the 4 answer, 50 percent on yours and 50 percent on 83. 5 JUDGE TINLEY: I think the answer immediately is to 6 secure our right-of-way as shown by the plat, that all the 7 buyers took notice -- took notice of when they purchased 8 their property. 9 MS. KILGORE: Mr. Williams pointed that out to one 10 of the people who called to say that I lied. Why I would lie 11 to someone I plan to live next to for 30 years, or lie at 12 all, is beyond my understanding. But he's recreated the 13 truth in his mind of the transaction, and nothing -- 14 COMMISSIONER WILLIAMS: That's right; I did point 15 that out. 16 MS. KILGORE: -- and nothing will change that. 17 COMMISSIONER LETZ: Well, but it's -- I mean, 18 that's -- you have a difficult neighbor, but the title 19 company -- he should have had it surveyed; he should have had 20 a title company, and they should have noted where everything 21 is. So, I mean -- 22 COMMISSIONER BALDWIN: My question is, has this guy 23 encroached on public property? 24 JUDGE TINLEY: Yes. 25 COMMISSIONER LETZ: Yes. 8-11-08 32 1 COMMISSIONER WILLIAMS: Yes, he did. 2 COMMISSIONER BALDWIN: Well, we need to get that 3 corrected. 4 JUDGE TINLEY: Mm-hmm. That's where I am. 5 COMMISSIONER BALDWIN: That's where I am. 6 MS. KILGORE: Well, he did have "Private Drive" 7 signs up, too, which -- 8 COMMISSIONER LETZ: You can't do that either. 9 JUDGE TINLEY: Limitations does not run against the 10 government, Ms. Kilgore. 11 MS. KILGORE: Ms. Hardin had those -- pardon me, 12 sir? 13 JUDGE TINLEY: Limitations does not run against the 14 government. 15 COMMISSIONER LETZ: But, Ms. Kilgore, I think that, 16 you know, from -- it's obviously difficult between you and 17 that neighbor. I would suggest Road and Bridge be the 18 contact, and you stay out of it right now. This is a Road 19 and Bridge issue, in my mind. 20 COMMISSIONER WILLIAMS: It's an issue -- it's a 21 County issue. Not -- 22 COMMISSIONER LETZ: Not a private issue. I mean -- 23 JUDGE TINLEY: I don't think you should have to 24 give up more of your property because you have a disagreeable 25 neighbor who decides he didn't like what he bought, that he 8-11-08 33 1 had full notice of. 2 MS. KILGORE: Okay. 3 JUDGE TINLEY: That property -- 4 MS. KILGORE: I'll do whatever you say. I just 5 would like to say that "disagreeable" hardly describes it. 6 COMMISSIONER WILLIAMS: Well, maybe if the County 7 gets its nose into it -- maybe if the County gets its nose 8 into it more deeply, instead of you trying to solve the 9 problem, because of what's transpired, it might spur on that 10 "For Sale" sign. 11 MS. KILGORE: Okay. I hope my house isn't torched. 12 MS. HARDIN: So -- 13 COMMISSIONER WILLIAMS: We'll send Mr. Odom back 14 out there, and I'll go with him if necessary. 15 MS. HARDIN: So, your instructions are that she go 16 ahead and build a cul-de-sac as it is platted now? 17 COMMISSIONER WILLIAMS: Let's see if we can make 18 happen what's happened, and get fences off the county 19 right-of-way and so forth. 20 COMMISSIONER LETZ: Or move it -- if y'all -- if 21 all three parties agree to do a revision of plat and move it 22 back -- 23 MS. KILGORE: I would -- I would -- even if there 24 weren't an angry neighbor, I'm fine with it being closer to 25 my driveway. You know, that gives me a turnaround right at 8-11-08 34 1 my driveway. It's more convenient for me as you just drew 2 it, this -- this way. 3 COMMISSIONER LETZ: As long as it can meet the 4 specs, I think that would be pretty close right there. 5 COMMISSIONER WILLIAMS: I'm okay with that. 6 MS. KILGORE: There is a dry creek there. I don't 7 know what the -- 8 COMMISSIONER WILLIAMS: What's the process for 9 that, Truby? 10 COMMISSIONER LETZ: Revision of plat. 11 MS. HARDIN: I'm sorry, I didn't hear you. 12 COMMISSIONER WILLIAMS: If we -- who did the 13 original work? Brandenberg? 14 MS. KILGORE: Brandenberg. 15 COMMISSIONER WILLIAMS: He needs to redraw it, 16 bring it back that way. We can set up a meeting with Mr. -- 17 whoever that man is. Mr. Odom and myself will take care of 18 that. 19 MS. KILGORE: Okay. 20 MS. HARDIN: We can try to set it up where he can 21 come to our office, and you and Mr. Odom can meet with him in 22 our office. 23 COMMISSIONER WILLIAMS: Sure. 24 MS. HARDIN: Let's try that. 25 COMMISSIONER WILLIAMS: We'll be the buffer, not 8-11-08 35 1 you. We'll be the -- the cop with the black hat, not you. 2 MS. KILGORE: Thank you. 3 JUDGE TINLEY: Could the County Attorney be 4 instructed to send written notification to this gentleman 5 about the obstruction of public right-of-way? 6 COMMISSIONER WILLIAMS: Fine with me. Sets the 7 stage for the meeting. 8 JUDGE TINLEY: Might make things a little easier. 9 COMMISSIONER WILLIAMS: Gives the man a reason to 10 come to the meeting. Thank you, Karen. 11 COMMISSIONER LETZ: Good luck. Thank you. 12 JUDGE TINLEY: Okay. Let's go to Item 9, if we 13 might; consider, discuss, take appropriate action to 14 authorize Request for Proposals for bids to replace 15 approximately 77 windows in original Kerr County Courthouse, 16 and renovation or replacement of front door to courthouse and 17 side entry door on Sidney Baker. I put this on the agenda. 18 If the Court will recall, at an earlier meeting, the Court 19 wanted to explore the replacement of the windows, as opposed 20 to continually looking at restoration, I'll call it for lack 21 of a better term. And per the Court's instructions, 22 Mr. Bollier, the Auditor, and myself worked to put together 23 the general specs to go out, and they're attached, and I 24 think it's ready to go out on a Request for Proposals. 25 COMMISSIONER LETZ: And this allows for either 8-11-08 36 1 renovation or replacement? We can -- we can get hopefully 2 both options? 3 JUDGE TINLEY: Well, we've got the -- the 4 historical renovations. We had some specifics that we 5 brought to the Court. Those were estimates, of course, last 6 time. And the Court's leaning, at least as I interpreted, 7 was to take a real specific look at the replacement so that 8 we didn't have this ongoing issue of -- of continuing 9 renovation, renovation, renovation over the years. So, 10 that's what this -- this goes for re -- the replacement of 11 the windows. And as to the doors, those are either 12 renovation or replacement. There's options on the bid. 13 COMMISSIONER BALDWIN: Well, we're going to have -- 14 I'm a little bit concerned about this replacement of front 15 door. 16 JUDGE TINLEY: Mm-hmm. 17 COMMISSIONER BALDWIN: I would assume -- or I would 18 hope that we had the opportunity to discuss this replacement 19 of the front door, even -- even after we go out for the 20 RFP's. 21 JUDGE TINLEY: Mm-hmm. 22 COMMISSIONER BALDWIN: I don't know. Just 23 replace -- number one, the historical crowd in Austin was 24 really screaming about that. I mean, I know some of us 25 couldn't care less what they think, but nevertheless, it's 8-11-08 37 1 screaming. And I kind of like those old doors, too. 2 JUDGE TINLEY: Well -- 3 COMMISSIONER BALDWIN: If there's a better way to 4 fix them, then I would rather do that than replace. 5 JUDGE TINLEY: On the doors, we have specified two 6 options. One would be replace. Second option would be to 7 renovate and retrofit with energy-saving devices. That's 8 what we've done on the doors, with the idea in mind that in 9 all probability, we're probably going to want to save those 10 front doors. The windows, the -- the specs call for total 11 replacement, either fixed or double sash. 12 COMMISSIONER BALDWIN: I'm there with you on that 13 one. 14 JUDGE TINLEY: But on the doors, we've got options 15 there. 16 COMMISSIONER BALDWIN: Okay, very good. 17 COMMISSIONER WILLIAMS: So we just need a motion to 18 go out for an RFP. 19 JUDGE TINLEY: Yeah, to let the RFP fly. 20 COMMISSIONER WILLIAMS: So moved. 21 COMMISSIONER LETZ: Second. 22 JUDGE TINLEY: Motion made and seconded for 23 approval of the agenda item. Question or discussion on the 24 motion? All in favor of the motion, signify by raising your 25 right hand. 8-11-08 38 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: That motion does carry. Let's go to 5 Item 10; consider, discuss, and take appropriate action on 6 implementation of the burn ban. I think it's that time of 7 year again. 8 COMMISSIONER LETZ: Move approval that we implement 9 the burn ban for 90 days. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE TINLEY: Motion made and seconded as 12 indicated. Question or discussion? All in favor of the 13 motion, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: That motion does carry. As 18 indicated on the agenda, I've scheduled a recess for 9:45. 19 It is that time now, so we'll be in recess until 10 a.m. 20 (Recess taken from 9:45 to 10:02 a.m.) 21 - - - - - - - - - - 22 (Judge Tinley not present.) 23 COMMISSIONER BALDWIN: We're going to bring the 24 Commissioners Court back into session, please. Commissioners 25 Court's back into session. We had a timed item, but we're 8-11-08 39 1 going to skip over that and just real quickly go to Item 2 1.11; consider, discuss, and take appropriate action on 3 giving notice to the City of Kerrville on potential 4 cancellation of the Interlocal Cooperation Agreement Between 5 Kerr County and the City of Kerrville for Regulation of 6 Subdivisions Within the City of Kerrville's Extraterritorial 7 Jurisdiction. Commissioner Letz. 8 COMMISSIONER LETZ: Yes. Many of you will probably 9 realize that probably six months ago, I announced at a joint 10 meeting with the City my intent to do this, and I was assured 11 that everything was going to work out. And then, I guess, a 12 couple weeks ago, maybe a week ago, property owners met with 13 the Judge and myself, who have property in the ETJ. The 14 Krausses are in the audience. They were being required to 15 add some fire service to a commercial building in the ETJ, 16 and asked what we thought about that. The Judge and I said, 17 well, we don't think you -- they can do that, and sent them 18 back to the City, and the City basically told them, as I 19 understand it, that, yes, they can do it, and they're going 20 to do it. And upon that, I said, well, then, I think it's 21 time to put this back on the agenda and give notice to the 22 City of our intent to cancel the agreement. Which, again, 23 it's a 90-day cancellation clause. 24 Buster and I negotiated this deal several years 25 ago. It keeps on coming up with problems, and when we 8-11-08 40 1 negotiated, there was two items that were not going to be 2 basically the same as our county subdivision rules; one, 3 streetlights, and street signs. Other than that, we were 4 assured by City staff -- and I can't remember; I think we had 5 City Councilmen in the room with us. I know we had 6 Mr. Hofmann and other people from Planning and Zoning and 7 building departments, that that's what they agreed to. And 8 they continue to impose other regulations in the ETJ based on 9 their rules, the rural subdivision rules, we which we did not 10 agree to. I just think we need to get this settled. I make 11 a motion we give notice to City of Kerrville of cancellation 12 of our interlocal cooperation agreement between Kerr County 13 and City of Kerrville for regulation of subdivisions within 14 the City of Kerrville's ETJ. 15 COMMISSIONER WILLIAMS: I'll second it, but I want 16 to ask a question. 17 COMMISSIONER LETZ: Sure. 18 COMMISSIONER BALDWIN: Motion and a second. 19 Questions? 20 COMMISSIONER WILLIAMS: Section 4D of the -- is it 21 a resolution or an interlocal? Whatever it is, 4D refers to 22 the City reviewing the County's rural subdivision regs, as 23 such exist on the date of execution of the agreement. During 24 the review, the City takes public input -- blah, blah, blah. 25 And following such review, but in no case later than June 30, 8-11-08 41 1 City shall seek to adopt and implement changes to its 2 subdivision regs where regs are significantly different from 3 the County. Has that happened? 4 COMMISSIONER LETZ: I believe it did. And I 5 know -- I think Jody told me that the Judge received a 6 document from Mike Hayes, I guess, Friday. And I note that 7 the Judge made some comments in here, and they did that -- 8 where's our original agreement? Section 4 of their -- this 9 is the City Ordinance change. The provisions of this 10 ordinance are to be cumulative, if other ordinances or parts 11 of ordinances governing or regulating the same subject matter 12 that are covered herein. In the Judge's handwriting, -- I 13 presume that's his handwriting -- "They take the position 14 that this incorporates all the plat subdivision rules of the 15 city. If so, there's a problem. This is not what you agreed 16 to." And that's basically what they're doing, as I see it. 17 And my understanding is, they're -- they adopted an 18 ordinance, but they did not adopt it in accordance to our 19 subdivision rules. They just did what they wanted. 20 COMMISSIONER WILLIAMS: That's really my question. 21 So, I'm -- I have no problem with sending a cancellation 22 notice. Where's that take us, then? 23 COMMISSIONER LETZ: It means it gets sent back and 24 they sit down with us again and they can either redo their 25 ordinance in accordance with what we agreed to, in my mind, 8-11-08 42 1 or we, I think, have two options. We can either divide up 2 the ETJ or go to arbitration. Those are the options under 3 state law. But they cannot unilaterally do what they are 4 doing. 5 COMMISSIONER WILLIAMS: Okay. 6 COMMISSIONER BALDWIN: Any further comments? All 7 in favor, please raise your right hand. 8 (The motion carried by unanimous vote.) 9 COMMISSIONER BALDWIN: Any opposed? 10 (No response.) 11 COMMISSIONER BALDWIN: Zero. Thank you. All 12 right. We're going to go back to that timed item now. 13 10 o'clock, 1.6; consider, discuss, and take appropriate 14 action on budget request from the Kerr County Historical 15 Commission. Mr. Joseph Luther. Mr. Luther? 16 MR. LUTHER: Good morning, Commissioners. 17 COMMISSIONER BALDWIN: Joe, I got to ask you a 18 question. 19 MR. LUTHER: Yes? 20 COMMISSIONER BALDWIN: I'm curious about something. 21 The Judge and I were visiting this morning, and we're curious 22 as to why the Historical Commission's budget is not rolled 23 into the county budget just like everybody else. 24 MR. LUTHER: I have -- I have no idea, Mr. Baldwin. 25 COMMISSIONER BALDWIN: Okay. 8-11-08 43 1 MR. LUTHER: I inherited this. 2 COMMISSIONER BALDWIN: Okay. 3 MR. LUTHER: I can't tell you the last time the 4 budget was formally requested. It just seems to appear. And 5 I myself looked through the County's budget trying to find it 6 as an item, and -- 7 COMMISSIONER WILLIAMS: General Schellhase used to 8 present a budget, but he would do so during our budget 9 workshops, not during a regular structured Commissioners 10 Court meeting. There is a place for this. 11 MR. LUTHER: I thought this was the place. 12 COMMISSIONER WILLIAMS: It is the place, but not 13 the time. We do it during workshops where we take up all 14 aspects of the county budget. 15 MR. LUTHER: Oh. 16 COMMISSIONER WILLIAMS: This is only one aspect. 17 MR. LUTHER: I had asked for that, and it was, I 18 think, a scheduling issue. And I'm sorry; I thought that's 19 where I was today. 20 COMMISSIONER BALDWIN: Proceed, sir. 21 MR. LUTHER: Thank you. General Schellhase 22 obviously presented a budget to you some time ago; I think a 23 couple of years ago, maybe. Last year I had requested a 24 budget increase, but it was totally out of cycle. There was 25 apparently three different calendars running on this thing, 8-11-08 44 1 and one is that I'm supposed to submit a budget and a plan of 2 work as part of my annual report that I present to the 3 Commission in late December and early January, and which is 4 way off the mark in terms of your fiscal year. This year I 5 wanted to make sure that we were covered, so that's why this 6 document is before you. Secondly, we've undertaken a 7 completely new approach to budgeting for the Historical 8 Commission, and that's what we call a programmatic budget. 9 Rather than saying we need so many dollars for supplies, I 10 want you to know what we're using the supplies to accomplish. 11 And so you see that we've gone back to each of the committee 12 chairs and said, "What are you required to do statutorily? 13 What does the State want you to do? What do we need to do, 14 and how much money do you need to do that?" So, you can see 15 what it is that we're about. I would tell you that, for 16 example, under Number 4, Executive Committee, which is my 17 committee, I've spent that much getting ready for this 18 meeting. 19 COMMISSIONER BALDWIN: I bet you did. 20 MR. LUTHER: It goes fast. And you can look 21 through this, gentlemen, and -- and see exactly where we 22 propose to spend these moneys and what it is that we intend 23 to do. Now, I realize that this is a -- a jump up in terms 24 of the amount of money that we've requested in the past, but 25 all of it is firmly rational and based upon need, and not 8-11-08 45 1 just whimsy and caprice. And I would note that we're asking 2 for a total of $6,250. How does that compare to other 3 places? In counties, I will say that in the model budget 4 format that's in the Texas State Historical Commission 5 Handbook, the amount of money there is 14,000. I would also 6 hasten to add that under our finance committee, we do have a 7 grants task force that is working hard to get us some 8 external funding. We've got a kind of an interesting dilemma 9 right now, that our external fundraising is tied up in 10 getting the fence for the Union Church, and it's very 11 difficult to divert money away from that, given the people 12 who have pledged money to support that endeavor, and we're -- 13 we're desperately trying to find a solution to that dilemma. 14 The church seems to have taken most of our external funding 15 for the last "mmmm" years before I was here, and pretty soon 16 we're going to reach a point where we have to move on and 17 raise money for other purposes. I'll be happy to answer 18 any -- any questions about this. 19 COMMISSIONER BALDWIN: I'll tell -- go ahead. 20 COMMISSIONER LETZ: Where are your -- this is the 21 request, which is -- I mean, it's a pretty all-inclusive 22 looking budget for your, basically, operations. But don't 23 y'all have membership fees? 24 MR. LUTHER: No. No. 25 COMMISSIONER LETZ: You don't? 8-11-08 46 1 MR. LUTHER: These people -- there's two classes of 2 memberships, which is a change we made this year. One is 3 what we call the board of directors, who are appointed by you 4 folks for a term of office, and they are working as volunteer 5 citizens. A rough estimate, I would say, of the value of 6 in-kind services from our volunteers is well in excess of 7 $100,000 per year, of their time and equipment and mileage 8 and that sort of thing that they're donating to this effort. 9 We, this year, have started another class, which is a general 10 membership for people who are interested, but can't devote a 11 great deal of time to it, and quite honestly, don't need to 12 be appointed by County Commissioners; we just carry them 13 loosely, but there's no membership. If you had a historical 14 society, for example, that was different than this 15 governmental agency that we're operating, if they unite as a 16 501(c)(3), they might very well have a membership fee. I sat 17 down in a meeting the other day for the Comfort Historic 18 Preservation Society, and they went through their budget, and 19 they had a balance of $48,000. So, we're kind of stuck with 20 this horse that we're riding right now. 21 COMMISSIONER LETZ: I mean, it seems to me that by 22 doing a membership drive, there's a lot of people in the 23 community that would give a $10 or $20 donation if asked. 24 MR. LUTHER: Well, but there are other people on 25 our Commission who want that $10 or $20 to go to the fence 8-11-08 47 1 around the Union Church. And Dell Sheftall, who's chairman 2 of that fundraising effort, wants to create a membership fee 3 for card-carrying members of the Friends of the Kerr County 4 Historic Preservation Society, which is the separate, 5 distinct, nonprofit arm -- fundraising arm of this group. 6 It's -- it's touchy. Now, at the same time, when I go to 7 workshops with the people at the State about how to run a 8 county historic preservation committee, they say you should 9 not have more than 12 people on your board of directors. 10 Well, I've got 23 right now, but we're down from 84. You 11 know, it's kind of hard to herd those geese. And I intend to 12 deal with that through attri -- not attribution. 13 MS. GRINSTEAD: Attrition. 14 MR. LUTHER: Attrition, thank you. And move more 15 people into the general membership roles. And I have talked 16 to some of you about this. There's some people I just cannot 17 move off of the board at this time. We've just got to let 18 things take their course. 19 COMMISSIONER WILLIAMS: I think, Commissioner, 20 there's something in the law that prohibits the Commission 21 itself from fundraising. That's why they created the 22 Friends. If you'll recall, the Friends is the group that 23 raised the money for the Union Church -- restoration of Union 24 Church. 25 COMMISSIONER LETZ: But the -- the Friends could 8-11-08 48 1 do -- or maybe they could do a membership. 2 MR. LUTHER: Well, they're talking about doing a 3 membership. 4 COMMISSIONER LETZ: Because -- I mean, and they -- 5 and that entity could donate funds to the Commission, 6 correct? 7 COMMISSIONER WILLIAMS: Oh, yeah. And that's 8 what's happened in the past. 9 COMMISSIONER LETZ: Right. 10 MR. LUTHER: If we can get it away from the -- the 11 dollar amount left to finish the fence is $80,000. I mean, 12 this is the 200-pound gorilla in the room. So -- and even 13 our grant efforts seems to be geared in that general 14 direction. 15 COMMISSIONER WILLIAMS: I have a couple 16 questions, -- 17 MR. LUTHER: Yes, sir. 18 COMMISSIONER WILLIAMS: -- Mr. Luther, with respect 19 to some of the elements in your -- in your budget. And I 20 think -- I think the thorough discussion of this needs to go 21 to a budget workshop, but I have a couple questions. What 22 would the finance committee be spending $650 for, since the 23 finances -- finances of the Historical Commission, which, if 24 granted, would be $6,250, are handled by the Auditor? 25 MR. LUTHER: That is money to be spent to attend 8-11-08 49 1 training, a workshop in Austin that Sue Dyke did this year. 2 COMMISSIONER WILLIAMS: That's grant writing, 3 you're talking about? 4 MR. LUTHER: Yes. And that's a subset of the 5 finance committee. 6 COMMISSIONER WILLIAMS: Okay. Second question has 7 to do with oral history. 8 MR. LUTHER: Yes, sir. 9 COMMISSIONER WILLIAMS: How much does it cost to 10 record the history of an individual? 11 MR. LUTHER: Separate breakout for each one, I've 12 got that. I think it was -- we have to include in that 13 transcription cost, and that's the major portion of it, is 14 paying somebody to transcribe the -- we record these now 15 digitally with a video camera. But to complete transcripts 16 in an archival setting, she wants to do 12, so if you take 17 2,000 and divide it by 12, that's what we come out with for 18 cost for each one. 19 COMMISSIONER WILLIAMS: Part of my question has to 20 do with individuals, particularly one individual. Have you 21 scheduled or do you plan to schedule Clyde Parker? 22 MR. LUTHER: We have tried, a couple of times. 23 He's sort of -- 24 COMMISSIONER WILLIAMS: Elusive. 25 MR. LUTHER: Thank you. I kept coming with up with 8-11-08 50 1 "slippery," but elusive's a better word. 2 COMMISSIONER WILLIAMS: Slippery is not elusive. 3 MR. LUTHER: I have to say that this is just sort 4 of a critical time, because there are a lot of people, like 5 Gene Locke and others who are up in their '80's, and they're 6 not going to be here forever. 7 COMMISSIONER WILLIAMS: Well, Clyde's in his 90's. 8 That's the reason I asked the question. 9 MR. LUTHER: And while I talked to him the other 10 day down at a local luncheon place, and, you know, "Oh, yeah, 11 yeah, yeah," but when you try to pin him down on it, it's 12 tough. 13 COMMISSIONER WILLIAMS: He's a walking history 14 book. 15 MR. LUTHER: Yes. Well, you know, we need to get 16 these people recorded, because they sort of represent a 17 different era. My father, for example, I wish I had an oral 18 history on him, because when he was a boy, there were no 19 lights, there was no indoor plumbing. He saw one of the 20 Wright brothers fly, and he saw a man step on the moon in the 21 span of his lifetime. And I think stories like that about 22 Kerr County we really need to have. And Fuzzy Swayze is 23 another one that we just got done recently. But these folks 24 are disappearing pretty rapidly. 25 COMMISSIONER BALDWIN: Joe, what we're going to do 8-11-08 51 1 is, the County Judge is the chief financial officer -- 2 MR. LUTHER: Yes, sir. 3 COMMISSIONER BALDWIN: -- by law, and runs the 4 budget. And so I will see that he -- and I know he has this 5 information, but I -- we will make sure that he does, in his 6 hands, and between him and the Auditor, we'll get it plugged 7 in. 8 MR. LUTHER: Okay. I'm -- I apologize. 9 COMMISSIONER BALDWIN: That's okay. It's okay, 10 but -- 11 MR. LUTHER: I thought that's what I was doing, was 12 a budget workshop today. 13 COMMISSIONER BALDWIN: Yeah. No, but that's all 14 right. And then he will deal with you in his own way, and 15 then it'll probably -- it will come back to us in a -- in a 16 Commissioners Court workshop. 17 MR. LUTHER: Good. 18 COMMISSIONER LETZ: I think the amount that's in 19 the budget right now is 3,000? 20 MR. LUTHER: Thirty-five. 21 COMMISSIONER LETZ: 3,500. 22 COMMISSIONER WILLIAMS: About half of what is 23 asked, yeah. 24 COMMISSIONER BALDWIN: Things happen. Anything 25 else on item 1.6? Let's go to Item 1.7; consider, discuss, 8-11-08 52 1 and take appropriate action on request from Kerr County 2 Historical Commission to move three historical markers. 3 Mr. Luther? 4 MR. LUTHER: Thank you, Commissioner Baldwin. This 5 is a good thing. All three of these markers were installed 6 in 1936, before there was a State Historical Commission or 7 state historical markers. All of them now are located in 8 inappropriate places, and let's take the big one first, and 9 that's Marker 2929, which is for Kerr County itself, and I'm 10 sure you've noticed this. It's sitting forlornly out on 11 Highway 27 -- 12 COMMISSIONER WILLIAMS: Where is that, Guadalupe 13 Heights? Is that where it is? 14 MR. LUTHER: Yes. Yes, beside the road. I'm not 15 sure how many people see this. It's on TexDOT property. And 16 I might point out that Mike Coward, the Highway District 17 Engineer, is here with us today and can speak to this. He is 18 willing to let us move that. My idea about where to move it, 19 because it is an attractive monument out of a big block of 20 granite, is to place it in your flower bed where the old tree 21 used to be out here by the front door, so people coming to 22 the courthouse are greeted by this historical marker, and so 23 the cost merely becomes picking it up and bringing it over 24 here and sitting it down. And -- 25 COMMISSIONER BALDWIN: That's a cost to who? 8-11-08 53 1 MR. LUTHER: I would say in this case, it's the 2 County. 3 COMMISSIONER BALDWIN: Okay. 4 MR. LUTHER: Out of three markers we have -- and 5 Mike will have to speak to this. If we're moving it from 6 TexDOT to TexDOT, he's willing to pay the cost on that. And 7 if we're moving from it TexDOT to the county courthouse 8 campus, I think the County should step up and -- and pay for 9 that. 10 COMMISSIONER BALDWIN: I'm in agreement, so that we 11 can set it and put it -- 12 MR. LUTHER: Yes. 13 COMMISSIONER OEHLER: How big is this thing? 14 MR. LUTHER: It's about the size of this podium. 15 COMMISSIONER WILLIAMS: Pretty good size granite. 16 COMMISSIONER OEHLER: Road and Bridge could go out 17 there with a loader, put a strap around it, and come back 18 here and set it up. 19 MR. LUTHER: A little shorter. 20 COMMISSIONER BALDWIN: I couldn't agree with you 21 more. I think it's a perfect place. 22 MR. LUTHER: It'll be beautiful. 23 COMMISSIONER OEHLER: Pour a pad -- get Tim to pour 24 a pad, and there's no problem with getting it. There's no 25 point in moving it twice. 8-11-08 54 1 COMMISSIONER BALDWIN: Yeah. Okay, that one's 2 done. 3 MR. LUTHER: All right. 4 COMMISSIONER WILLIAMS: I like the idea of that 5 one. 6 MR. LUTHER: Thank you. The next one is the 7 historical marker that's over by all the traffic 8 signalization boxes here on the corner. If you are in your 9 car and you're trying to slow down and read this, good luck. 10 It's at the intersection, I might say, of two major highways 11 in Kerrville, 16 and 27. If you look at the photograph in 12 the material that I gave you, it's just lost there, not to 13 mention you can't read anything on it, because the paint's 14 long worn away, but we will take care of that. We would like 15 to move this -- since it deals with Camp Verde, Confederate 16 States of America, we would like to move this out to the Camp 17 Verde area. And there is -- as you can see from the maps 18 here, that area in front of the Camp Verde General Store 19 where the picnic grounds is, there's a low-water crossing, 20 and then up the other side is all excess TexDOT right-of-way. 21 Now, eventually, I think this would be the area to have a 22 historic park in there. As you know, I'm -- I'm hot to get a 23 national historic landmark out in that area, and we've just 24 got to get a number of people involved in this before we pull 25 the trigger. But I do want to get on record permission to 8-11-08 55 1 move this CSA marker out there. And, again, Mike can talk to 2 you; he's willing to move this and set it there, and see 3 where we go. I think if we get this approved, then we can 4 come back and try to get money from other sources to develop 5 that as a -- as a historic roadside park, and on and on and 6 on. 7 COMMISSIONER BALDWIN: Joe, this is like that first 8 one, kind of, that it's a -- it's a Camp Verde marker. 9 MR. LUTHER: Yes. 10 COMMISSIONER BALDWIN: And it's here on this 11 facility, as opposed to being out there where it belongs. 12 MR. LUTHER: Yes, exactly. But it was set up in 13 '36. I can't tell you why it was put here, except that was a 14 long time ago. 15 COMMISSIONER BALDWIN: And TexDOT -- I mean, I 16 would have a hard time voting to have it moved to TexDOT's 17 property without their permission. I mean, we need to know 18 that they will -- 19 MR. LUTHER: Here's the man right here who would 20 tell you. Mike, do you want to say anything? 21 MR. COWARD: Morning, Commissioners. 22 COMMISSIONER WILLIAMS: Morning, Mike. 23 MR. COWARD: Mike Coward, TexDOT. When I've been 24 out to this site with Mr. Luther -- and we're still working 25 on the exact details, but there is a large area of 8-11-08 56 1 right-of-way that belongs to TexDOT that was where Highway 2 173 -- or 689, I guess, when it was 689, was located, and we 3 -- we'd be willing to work with the County and the Historical 4 Commission to have that moved out there. I think what, 5 maybe, you know, we kind of are evolving to is maybe you 6 would maybe not have new entrances on 480 and 173, but just 7 to use the park, and then have the old bridge maybe be a 8 pedestrian path that could lead you up to some of these 9 markers. And, you know, we're happy to do that. 10 COMMISSIONER WILLIAMS: Mike, are you talking about 11 the -- we were provided with a Camp Verde CSA marker 12 relocation with a lot of pictures. On Page 4 of that, it 13 shows 480, 173, and a large green area. 14 MR. COWARD: Yes, sir. 15 COMMISSIONER WILLIAMS: Is that what we're talking 16 about? 17 MR. COWARD: Yeah. I think, more specifically, 18 Commissioner, on Page 2 of his submittal. 19 COMMISSIONER WILLIAMS: Two? 20 MR. COWARD: He's got a red arrow that kind of 21 points to a high area that exists up there. I think 22 Mr. Luther -- I mean, the park would be an excellent place 23 for these, but the fact is, the park -- when it used to rain 24 in Kerr County, the park would flood. I think last year, 25 that water went over the top of the bridge about this time 8-11-08 57 1 last year. 2 COMMISSIONER WILLIAMS: But the park is not TexDOT. 3 It's private, right? 4 MR. LUTHER: It's next to the -- 5 MR. COWARD: I think it's a TexDOT park, and we 6 maintain the park. 7 COMMISSIONER WILLIAMS: Pardon? 8 MR. COWARD: It's in the old right-of-way. I mean, 9 we clean the park. We own the park. 10 COMMISSIONER WILLIAMS: Okay. 11 COMMISSIONER LETZ: I think the store owns right 12 next to it. 13 COMMISSIONER WILLIAMS: Okay. Okay. 14 COMMISSIONER LETZ: There's a cul-de-sac drive 15 that's TexDOT, and that kind of marks the boundary. 16 MR. LUTHER: Absolutely correct. 17 COMMISSIONER WILLIAMS: Okay. 18 MR. COWARD: But, yeah. I mean, I just came here 19 to assure you that we -- you know, we are happy to 20 participate and happy to help move these. 21 COMMISSIONER LETZ: I think it's a great idea. I 22 would like to -- even if the rest of the discussions about 23 Camp Verde don't happen, this is a good idea. But I hate to 24 see it being moved until the time is -- you know exactly 25 where you want it and what's going to be done about the 8-11-08 58 1 actual right-of-way. I think I'm in favor of doing it, but I 2 don't want to do it until everything else -- 3 MR. LUTHER: I just wanted to get our ducks in a 4 row before we started that action. 5 COMMISSIONER LETZ: Okay. All right. 6 COMMISSIONER WILLIAMS: What about the third one? 7 COMMISSIONER BALDWIN: Number 3. 8 MR. LUTHER: Number 3 is much related to that. As 9 you may be aware, down in the picnic grounds, the park 10 itself, is a lonely little marker that's just kind of welded 11 to a steel beam. It was re -- it was relocated from 12 someplace else, but it's in the floodway, and I'm sure it's 13 been bashed round. That's the reason it's located the way it 14 is. It's mounted horizontally, so you have to walk up on it 15 and look down to even know it's a state historical marker. 16 We'd like to move this out of the floodway and up on the hill 17 where this other marker would be, so we begin to get a 18 collection of historic markers in that area. And, again, 19 Commissioner Letz, this is just preparing the way so we can 20 come back and -- and say, "Well we've got permission to move 21 these markers. How shall we -- how shall we arrange this?" 22 COMMISSIONER LETZ: Okay. 23 COMMISSIONER BALDWIN: My only question is, I'm not 24 sure that we have any authority in any of that right there. 25 But, whatever. 8-11-08 59 1 MR. LUTHER: Well, in the sense that we're a 2 department of the county, I'm here. 3 COMMISSIONER BALDWIN: Okay. 4 MR. LUTHER: For advice and consent. 5 COMMISSIONER BALDWIN: So, let's do a motion that 6 lists those three moves. Bill, do you want to fire a shot at 7 it? 8 COMMISSIONER WILLIAMS: Sure. I would -- let me 9 take a look at the agenda item here real quick. I would move 10 that Commissioners Court -- we can't authorize, but we can 11 agree to. 12 COMMISSIONER BALDWIN: Okay. 13 COMMISSIONER WILLIAMS: We can't authorize anything 14 that's going to be moved on TexDOT property. We can 15 authorize the one that's coming here. 16 MR. LUTHER: Yes. 17 COMMISSIONER WILLIAMS: On county property. So, I 18 would move that we authorize the movement of -- of Marker 19 Number 2929 from its current location in Guadalupe Heights to 20 the Kerr County Courthouse grounds, and instruct Road and 21 Bridge to work with the Historical Commission to effect the 22 movement. That's motion one. 23 COMMISSIONER BALDWIN: Okay. You're going to do 24 them separately? Okay. 25 COMMISSIONER OEHLER: Second. 8-11-08 60 1 COMMISSIONER BALDWIN: There's a second. All in 2 favor, please raise your right hand. 3 (The motion carried by unanimous vote.) 4 COMMISSIONER BALDWIN: None opposed. Motion 5 carries. 6 COMMISSIONER WILLIAMS: That takes care of that 7 one. 8 MR. LUTHER: Thank you. 9 COMMISSIONER WILLIAMS: I would move, Commissioner, 10 that -- that Commissioners Court agree with the request of 11 the Historical Commission to work with TexDOT to effect the 12 movement of the Camp Verde marker from its vicinity located 13 on the corner of 16 and 27 in City of Kerrville to a new 14 location to be designated by TexDOT in the vicinity of the 15 Camp Verde General Store. 16 COMMISSIONER BALDWIN: Motion. Is there a second? 17 COMMISSIONER LETZ: Second. 18 COMMISSIONER BALDWIN: Second. All in favor, 19 please raise your right hand. 20 (The motion carried by unanimous vote.) 21 COMMISSIONER BALDWIN: None opposed. Item 3? 22 COMMISSIONER WILLIAMS: Motion number 3. 23 COMMISSIONER BALDWIN: To move the one out of the 24 state roadside park. 25 COMMISSIONER WILLIAMS: Okay, to reposition. I 8-11-08 61 1 would move that Commissioners Court agree with the Historical 2 Commission's intent to move Marker Number 4748, I believe, 3 from its current pedestal location to a more prominent 4 location in the vicinity of Camp Verde Store, again working 5 with TexDOT to secure the location. 6 COMMISSIONER OEHLER: Second. 7 COMMISSIONER BALDWIN: And there's a second. All 8 in favor, please raise your right hand. 9 (The motion carried by unanimous vote.) 10 COMMISSIONER BALDWIN: None opposed. Motion 11 carries. Thank you, sir. 12 MR. LUTHER: Thank you, gentlemen. 13 COMMISSIONER WILLIAMS: We'll see you at the budget 14 workshop. 15 MR. LUTHER: Okay. 16 COMMISSIONER BALDWIN: Okay. We're going to move 17 right along, boys and girls. What do we do about Item Number 18 12 that the Judge put on here? Is that something that you 19 guys are going to handle? 20 COMMISSIONER LETZ: Yeah, we can take care of that. 21 COMMISSIONER BALDWIN: Okay. 1.12, consider, 22 discuss, and take appropriate action to make appointments 23 and/or reappointments to the Kerrville-slash-Kerr County 24 Joint Airport Board. Commissioner Letz and Commissioner 25 Williams? 8-11-08 62 1 COMMISSIONER LETZ: This is based on the new 2 governance agreement that we approved last week. It is to 3 reappoint the three current members. Roger Bobertz is 4 currently the president -- chair? 5 MR. BOBERTZ: President. 6 COMMISSIONER LETZ: President. Fred Vogt and Steve 7 King, to -- you know, to serve on that new board, and then 8 they will come back to us with additional members at a future 9 date. So, I'll make a motion that we reappoint Roger 10 Bobertz, Fred Vogt, and Steve King to the Kerrville/Kerr 11 County Airport Board. 12 COMMISSIONER WILLIAMS: Second. 13 COMMISSIONER BALDWIN: We have a motion and a 14 second. Is there any discussion? Anyone want to discuss? 15 Mr. Bobertz, want to visit about it? 16 COMMISSIONER WILLIAMS: If Mr. Bobertz doesn't want 17 to do it, now's the time to tell us. 18 COMMISSIONER LETZ: I've talked to him; he's 19 willing to do it for a while. 20 MR. BOBERTZ: Yeah. I should tell you that I'm not 21 expecting to serve out a full term, because of an assessment 22 of my time and energy and what I think it's going to take to 23 be a board member from now on. 24 COMMISSIONER WILLIAMS: We understand. 25 MR. BOBERTZ: Pardon? 8-11-08 63 1 COMMISSIONER WILLIAMS: We understand. 2 MR. BOBERTZ: Okay. But I will not leave the board 3 in the lurch. 4 COMMISSIONER WILLIAMS: This is a very critical 5 time, as you know, and we appreciate your willingness to 6 continue. 7 MR. BOBERTZ: Thank you, Commissioner. 8 COMMISSIONER BALDWIN: Appreciate your service, 9 sir. All in favor, please raise your right hand. 10 (The motion carried by unanimous vote.) 11 COMMISSIONER BALDWIN: None opposed. Motion 12 carries. 13 COMMISSIONER OEHLER: Thank you. 14 COMMISSIONER BALDWIN: 1.13; consider, discuss, 15 take appropriate action to raise the Court Compliance 16 Collector's salary to the amount that is currently in the 17 budget for that position. We have rethought that. The 18 number that is currently in the budget is 40,000 and some odd 19 dollars. Well, we took a closer look at that, and Ms. Hyde 20 helped me rethink it a little bit, and that 40 grand was -- 21 part of that was the former employee in that position had 22 been there -- had been with the county many, many years, 23 tremendous amount of longevity. Plus, a part of that salary 24 also was that he helped and was paid to help with the I.T. 25 issues, if y'all remember that. 8-11-08 64 1 COMMISSIONER OEHLER: Yes. 2 COMMISSIONER BALDWIN: So, we have pared this back 3 from the 40 to the proposed step increase to a 23-1, and that 4 is in line with the Animal Shelter, Maintenance, and I think 5 maybe one or more departments in the county, as a department 6 head. That's a 23-1, and that's $36,328.56 a year, as 7 opposed to the 40 grand that we had originally talked about. 8 And I want to make a motion that we approve that. Is there a 9 second? 10 COMMISSIONER WILLIAMS: I'll second it. 11 COMMISSIONER BALDWIN: And we have a second. Now, 12 is there any discussion? 13 COMMISSIONER OEHLER: I think you did the right 14 thing. 15 COMMISSIONER BALDWIN: All in favor, please raise 16 your right hand. 17 (The motion carried by unanimous vote.) 18 COMMISSIONER BALDWIN: None opposed. Motion 19 carries. 20 COMMISSIONER WILLIAMS: Carry on. 21 COMMISSIONER BALDWIN: Get to work, lady. 1.14; 22 consider, discuss, take appropriate action to clarify Court 23 Order Number 30881 regarding the employee benefits package 24 for the Airport Manager of the Kerrville-slash-Kerr County 25 Airport, and other such services as may be required. 8-11-08 65 1 Commissioner Williams? 2 COMMISSIONER WILLIAMS: I put this on the agenda, 3 Commissioner, because of a need to make available such other 4 services as may be necessary, which was the way the original 5 agenda item was styled. And I asked our administrator to 6 research to see what the court order actually said from that 7 previous agenda item, and all it said was we would offer a 8 benefit package through interlocal agreement, which is 9 correct, but it didn't say what the agenda item style had 10 indicated, "and such other services as may be required." And 11 those such other services were not necessarily human 12 resources services. They were anything that the County could 13 provide through its resources that would be of benefit to the 14 Airport Board in this restructuring and its moving forward. 15 So, I put this on the agenda to ask for clarification, and 16 that's where we are today. Commissioner Letz, do you have 17 anything? 18 COMMISSIONER LETZ: Yes. I think I -- obviously, 19 we're all aware of the pretty significant change we made last 20 week at the airport, that primarily being that the Airport 21 Manager will report to the Airport Board, which is very 22 different. And when that happened -- right now, the Airport 23 Manager is an employee of the City, and has relied on City 24 staff essentially for a lot of information, and I think that 25 can continue. But I just wanted to make sure that we're -- 8-11-08 66 1 we offered to the Airport Manager and the Airport Board, 2 especially in the interim -- probably long-term, but 3 certainly in the interim, to visit with our H.R. Department. 4 And, Eva, can you raise your right hand and jump around? 5 This is Eva Hyde; she's our H.R. Director. And then I 6 think -- obviously, County Attorney's office may have some 7 input. I think you know Rex Emerson and Jeannie Hargis in 8 our Auditor's office, and other departments, Maintenance, 9 Road and Bridge, and just pretty much asking all county 10 departments to work with them during the interim and to 11 figure out -- because there's no reason for them to go out 12 and spend money on some of these services. Legal is one 13 where the City, because of -- well, I don't know why, but 14 Mike Hayes has given notice that he will not provide the 15 legal services after September -- 1? September 30. 16 MR. BOBERTZ: October 1, my understanding. 17 COMMISSIONER LETZ: After October 1. And I think 18 that -- and I don't know where the Airport Board's going to 19 go with this, but I think you may want to visit with Rex 20 about some of that. Some of it's standard contract stuff and 21 some of it may be more appropriate for outside counsel, but 22 basically, it's just a matter of just making it real clear 23 that the County's offering up advice where we have it and 24 where it's sought. 25 COMMISSIONER WILLIAMS: I would move, Commissioner, 8-11-08 67 1 that the Court approve clarification of Court Order Number 2 30881, which was originally -- which originally came from our 3 June 9th, 2008 meeting, to clarify it to include our -- our 4 ability and willingness to offer such other services to the 5 Airport Board as may be required. 6 COMMISSIONER OEHLER: Including health benefits 7 package. 8 COMMISSIONER WILLIAMS: That was the original, and 9 that's in there. 10 COMMISSIONER OEHLER: Yeah. 11 COMMISSIONER WILLIAMS: All right. So, we would 12 continue that health insurance package, whatever all that 13 package is, through interlocal agreement, and any other such 14 services as the Airport Board may require. 15 COMMISSIONER OEHLER: Okay. 16 COMMISSIONER LETZ: Second. 17 COMMISSIONER BALDWIN: I have a motion and a 18 second. Any further discussion? 19 COMMISSIONER LETZ: Bruce, do you or Roger have any 20 questions? Comments? 21 MR. McKENZIE: No, sir. 22 COMMISSIONER BALDWIN: Yes, ma'am? 23 MR. BOBERTZ: I just want to express gratitude. I 24 need to talk to Eva pretty soon. 25 COMMISSIONER WILLIAMS: There she is right there. 8-11-08 68 1 COMMISSIONER BALDWIN: We're not quite there, 2 though. 3 COMMISSIONER WILLIAMS: Almost. 4 MS. HYDE: Who's doing the interlocal agreement? 5 COMMISSIONER WILLIAMS: The interlocal agreement 6 would be between Kerr County and the Airport Board. 7 MS. HYDE: Who's writing it up? 8 COMMISSIONER WILLIAMS: I imagine the County 9 Attorney will help the Airport Board in the development of an 10 interlocal agreement for presentation to Commissioners Court. 11 COMMISSIONER OEHLER: Is that correct, Mr. County 12 Attorney? I see a nod of the head. 13 MR. EMERSON: There is a nod, yes. 14 COMMISSIONER LETZ: There is a nod. 15 MR. EMERSON: I'm more than happy to help with the 16 interlocal, but I want to clarify it. You know, the same 17 thing I said two years ago, and then again, I think, three or 18 four years ago, that I can't represent the Airport Board 19 because there's a conflict. 20 COMMISSIONER WILLIAMS: Well, that's the same 21 thing. 22 MR. EMERSON: Which is the same thing that Mike 23 Hayes has said. You know, there inherently could be a 24 conflict between the County's interest and what the Airport 25 Board wants to do. 8-11-08 69 1 COMMISSIONER LETZ: I mean, is it possible to 2 approve form-type approvals, in your opinion, like contract 3 lease agreements? 4 COMMISSIONER WILLIAMS: As to form. 5 COMMISSIONER BALDWIN: The answer is no. 6 MR. EMERSON: To some extent. But -- 7 COMMISSIONER LETZ: Okay. 8 COMMISSIONER OEHLER: They may have to seek some 9 counsel on their own. 10 COMMISSIONER WILLIAMS: Well, I think -- 11 MR. EMERSON: They have certain immunities that 12 they're able to take advantage of if they rely on their own 13 legal counsel. 14 COMMISSIONER LETZ: Right. 15 MR. EMERSON: I'm not too sure if that applies if 16 I'm throwing advice in there periodically. 17 COMMISSIONER WILLIAMS: But any interlocal between 18 the County and the Airport Board, that has to come to the 19 Court for approval. 20 MR. EMERSON: I can do that, sure. 21 COMMISSIONER WILLIAMS: You can do that? 22 MR. EMERSON: Yes. 23 COMMISSIONER LETZ: Okay. 24 COMMISSIONER WILLIAMS: Okay. 25 COMMISSIONER BALDWIN: Now, when you get ready, 8-11-08 70 1 whoever's going to write this agreement, is it going to be 2 outlined in there what this employee benefits package 3 consists of? 4 COMMISSIONER WILLIAMS: I would think it should 5 specify the -- exactly what it's all about. 6 COMMISSIONER LETZ: That's -- there's two 7 agreements. First is the interlocal agreement between us and 8 the City, which that's just -- that's pretty much written. 9 If the Airport Board chooses to put their employee under our 10 benefits package, then that'll be a -- a separate agreement 11 that will be written between the Airport Board and the 12 County. We're not approving that. We're approving that it's 13 there if they want it. 14 COMMISSIONER BALDWIN: So, it's an offer. 15 COMMISSIONER LETZ: It's an offer. We're making an 16 offer at this point. They may get a better deal somewhere 17 else. 18 COMMISSIONER BALDWIN: We have a motion and a 19 second? 20 THE CLERK: Yes, sir. 21 COMMISSIONER BALDWIN: And -- 22 COMMISSIONER WILLIAMS: Just one quick clarifying 23 point, Commissioner. 24 COMMISSIONER BALDWIN: All right, get busy. 25 COMMISSIONER WILLIAMS: That this has nothing to do 8-11-08 71 1 with the governance agreement which we approved on August 6th 2 in joint session with the City. 3 COMMISSIONER BALDWIN: That's a pretty firm 4 agreement there. 5 COMMISSIONER LETZ: Right. 6 COMMISSIONER BALDWIN: All in favor, please raise 7 your right hand. 8 (The motion carried by unanimous vote.) 9 COMMISSIONER BALDWIN: None opposed. Motion 10 carries. Item 1.15; consider, discuss, and take appropriate 11 action to approve/replace part-time position with full-time 12 position in the Court Compliance office. This is an 13 executive session issue. Did we cover everything in the 14 court section? 15 COMMISSIONER LETZ: I believe so. 16 COMMISSIONER BALDWIN: Do you have any feeling one 17 way or another, members? Do you want to go ahead and finish 18 the bill paying, et cetera, et cetera, before we go into 19 executive session? Or -- 20 COMMISSIONER LETZ: Might as well. 21 COMMISSIONER WILLIAMS: Yes. 22 COMMISSIONER BALDWIN: Okay. We're going to pay 23 our bills on the approval agenda. Oh, we have a new 24 bill-paying person. 25 MR. RUARK: Well, you do. 8-11-08 72 1 COMMISSIONER WILLIAMS: New bill guy, okay. I can 2 shut this down, can't I? 3 COMMISSIONER BALDWIN: Yeah. Is there any 4 questions or comments on the bills? 5 COMMISSIONER WILLIAMS: Move we pay the bills. 6 COMMISSIONER BALDWIN: We have a motion. Is there 7 a second? 8 COMMISSIONER OEHLER: I'll second it. 9 COMMISSIONER BALDWIN: Second. Any further 10 discussion? All in favor, please raise your right hand. 11 (The motion carried by unanimous vote.) 12 COMMISSIONER BALDWIN: Aye. None opposed. Bills 13 are paid. Budget amendments. Mr. Auditor, is there any 14 budget amendments? 15 MR. RUARK: Yes. You have in front of you a 16 schedule of budget amendments. 17 COMMISSIONER BALDWIN: All right. 18 MR. RUARK: And, basically, we are just moving 19 money from one expense account to another expense account, 20 and within the departments themselves. 21 COMMISSIONER BALDWIN: I would entertain a motion 22 to approve the budget amendments. 23 COMMISSIONER WILLIAMS: So moved. 24 COMMISSIONER BALDWIN: Is there a second? 25 COMMISSIONER LETZ: Second. 8-11-08 73 1 COMMISSIONER BALDWIN: Motion and second. Any 2 further discussion? All in favor, please raise your right 3 hand. 4 (The motion carried by unanimous vote.) 5 COMMISSIONER BALDWIN: None opposed. Motion 6 carries. Item 4.3. Any late bills, Mr. Auditor? 7 MR. RUARK: No. 8 COMMISSIONER BALDWIN: I didn't think so. What 9 about approve and accept monthly reports, Mrs. Clerk? Thank 10 you very much. We have reports from Constable 1, Constable 11 4, the general and trust fund of the County Clerk, J.P. 1, 12 J.P. 3, J.P. 2, J.P. 4, the District Clerk, Environmental 13 Health, and Road and Bridge. I'd entertain a motion to 14 accept. 15 COMMISSIONER LETZ: Move we accept. 16 COMMISSIONER BALDWIN: Is there a second? 17 COMMISSIONER OEHLER: Yes, second. 18 COMMISSIONER BALDWIN: All in favor, please raise 19 your right hand. 20 (The motion carried by unanimous vote.) 21 COMMISSIONER BALDWIN: None opposed. Motion 22 carries. Thank you. Any reports from the Commissioners on 23 your liaison assignments? Thank you, ma'am. Hearing none, 24 reports from elected officials/department heads? We have a 25 distinguished guest amongst us. 5.3, reports from boards, 8-11-08 74 1 commissions, committees? Hearing none, we'll recess this 2 Commissioners Court meeting and go into executive session. 3 (The open session was closed at 10:46 a.m., and an executive session was held, the transcript of which 4 is contained in a separate document.) 5 - - - - - - - - - - 6 (Judge Tinley returned to court during executive session.) 7 8 JUDGE TINLEY: Okay, let's go back into public or 9 open session. It is now 11:07. Any more action to be taken 10 on any agenda items, gentlemen? Does any member of the Court 11 have anything to offer with regard to matters discussed in 12 executive session? Okay. Are we now down to the approval 13 agenda, or did you cover that too? 14 COMMISSIONER LETZ: We're done. 15 JUDGE TINLEY: We're done. Wonderful. 16 COMMISSIONER WILLIAMS: F.Y.I., I'm out of town 17 from tomorrow through the 20th. 18 JUDGE TINLEY: Did y'all raise my concerns that I 19 mentioned on the bills? 20 COMMISSIONER LETZ: No. 21 COMMISSIONER BALDWIN: No, we did not, sorry. 22 JUDGE TINLEY: He who hesitates is lost, right? 23 COMMISSIONER WILLIAMS: We can give you the 24 Auditor's cell phone number if you want to call her. 25 COMMISSIONER BALDWIN: Yeah. Did you want to share 8-11-08 75 1 those with us now? 2 COMMISSIONER WILLIAMS: He had a bunch of them, 3 too, tick marks. 4 COMMISSIONER BALDWIN: Dadgumit. I'm sorry about 5 that, Judge. Of course, you can't be all here if you're not 6 all there. 7 JUDGE TINLEY: That's right. County-Sponsored, 8 there were some payments to Jeanne Sutton and Sue Dyke. 9 COMMISSIONER WILLIAMS: Historical Commission, 10 probably. 11 JUDGE TINLEY: Well, I had a question mark, 12 Historical Commission. That's the only thing I could think 13 of. I would make the observation, I like the Indigent Health 14 Care expenditures this time much better than the past time. 15 COMMISSIONER OEHLER: Yeah, that was much better 16 this time. 17 JUDGE TINLEY: Yeah. Okay, gentlemen. We got 18 anything else? 19 COMMISSIONER LETZ: Do we have any other workshops 20 scheduled for budget? 21 JUDGE TINLEY: Good question. 22 COMMISSIONER OEHLER: That would be my question. I 23 want to know if we're having one next time. 24 JUDGE TINLEY: We can't post one for Wednesday, 25 obviously, but we could post one for Friday. 8-11-08 76 1 COMMISSIONER OEHLER: Not Friday for me; I'm going 2 to be gone. 3 JUDGE TINLEY: Okay. You're going to be gone, 4 right? 5 COMMISSIONER WILLIAMS: I'll be gone. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER OEHLER: Might be a good time for you 8 to have one. 9 COMMISSIONER WILLIAMS: Yeah. You got two missing; 10 you can ram everything through, Judge. 11 JUDGE TINLEY: Just be a workshop. 12 COMMISSIONER WILLIAMS: I'll be back in pocket on 13 the 21st. 14 COMMISSIONER OEHLER: I thought we were going to 15 have one on the following -- 16 COMMISSIONER LETZ: Wednesday. 17 COMMISSIONER OEHLER: -- on the following 18 Wednesday. Not this coming Wednesday, but the following, 19 what we had talked about. 20 JUDGE TINLEY: There was -- there was mention of 21 that, and I think general agreement. I'm not sure. 22 COMMISSIONER OEHLER: I believe there was, because 23 that's when Jeannie's supposed to come back with all of the 24 stuff worked out that we have done so far, to give us an 25 update of where we are with dollars. 8-11-08 77 1 COMMISSIONER LETZ: Dollars. 2 COMMISSIONER OEHLER: Dollar-wise. And -- 3 COMMISSIONER LETZ: That's when the important stuff 4 starts. 5 COMMISSIONER OEHLER: Yeah. That's when -- 6 JUDGE TINLEY: That would be on the 20th, wouldn't 7 it? 8 COMMISSIONER LETZ: But he -- 9 COMMISSIONER WILLIAMS: If you make it the 21st, 10 I'm here. 11 COMMISSIONER LETZ: Thursday's fine for me. 12 COMMISSIONER OEHLER: I don't have a problem with 13 that. I'd like to resolve the figures. 14 JUDGE TINLEY: How long is that meeting -- how long 15 do we anticipate it? 16 COMMISSIONER LETZ: I don't think all that long, 17 maybe an hour. 18 JUDGE TINLEY: Why don't we start at -- say, on the 19 21st, at 10:00. I can get my probate docket out of the way 20 between 9:00 and 10:00, then we can do that one, and then I 21 can do my juvies in the afternoon. That work for you? 22 COMMISSIONER OEHLER: So, 10 o'clock on the 21st. 23 COMMISSIONER WILLIAMS: Works for me. 10 o'clock 24 on the 21st works for me. 25 COMMISSIONER BALDWIN: That's a Thursday? 8-11-08 78 1 JUDGE TINLEY: Yeah. 2 COMMISSIONER WILLIAMS: Yes, sir. 3 COMMISSIONER OEHLER: 10 o'clock on the 21st. 4 JUDGE TINLEY: Yeah. 5 COMMISSIONER LETZ: And we might get Ms. Bolin to 6 give us a -- about this point, we get their schedule of how 7 everything has to be done so we don't miss all our postings 8 and dates and hearings and all that stuff, so we have that 9 presented at that workshop. 10 JUDGE TINLEY: I already have it in-hand. 11 Drop-dead, worst case scenario is a comfortable one; I've got 12 that in-hand now. Let's make everybody copies of that. It's 13 penciled in in my budget book. Okay. Anything else, 14 gentlemen? I see that Commissioner Baldwin wants to beat the 15 lunch crowd at Buzzie's, right? 16 COMMISSIONER BALDWIN: I do. 17 JUDGE TINLEY: Okay. We'll be adjourned. 18 (Commissioners Court adjourned at 11:12 a.m.) 19 - - - - - - - - - - 20 21 22 23 24 25 8-11-08 79 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 County Clerk of the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 13th day of August, 8 2008. 9 10 JANNETT PIEPER, Kerr County Clerk 11 BY: _________________________________ Kathy Banik, Deputy County Clerk 12 Certified Shorthand Reporter 13 14 15 16 17 18 19 20 21 22 23 24 25 8-11-08