1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Friday, October 3, 2008 11 1:30 p.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 October 3, 2008 2 PAGE 3 1.1 Consider/discuss, take appropriate action to adopt a resolution committing to a 25 percent 4 match as requested by Texas Water Development Board for Chapter 355 Grant for EDAP Facilities 5 Planning for Center Point-Eastern Kerr County Wastewater Project 3 6 1.2 Consider/discuss, take appropriate action to 7 confirm 2007-08 Budget encumbrances to fund cash portion of 25 percent Kerr County match 8 as required for Chapter 355 Grant for EDAP Facilities Planning for Center Point-Eastern 9 Kerr County Wastewater Project 9 10 1.3 Consider/discuss, take appropriate action to authorize the draining of Ingram Lake 12 11 --- Adjourned 16 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 On Friday, October 3, 2008, at 1:30 p.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Okay. Let's come to order, if we 8 might, for a special Commissioners Court meeting posted for 9 this time and date, Friday, October 3, 2008, at 1:30 p.m. We 10 have several meetings on -- several items on the agenda. 11 We'll take up the first one; consider, discuss, and take 12 appropriate action to adopt a resolution committing to a 13 25 percent match as requested by Texas Water Development 14 Board for a Chapter 355 grant for EDAP facilities planning 15 for the Center Point/Eastern Kerr County Wastewater Project. 16 Commissioner Williams? 17 COMMISSIONER WILLIAMS: Thank you, Judge. I 18 prepared for members of the Court a memorandum with a couple 19 attachments, which are kind of significant in this whole 20 thing. And just to refresh the Court's memory, the 21 application that is pending for Water Development Board is 22 for facilities planning, and the total is $358,000. That's 23 what the application is all about. If that application 24 stands or is approved at that amount, our requirement, no 25 matter what the amount, is 25 percent match, but of that 25 10-3-08 4 1 percent, one-half of it is in cash and one-half of it is 2 in-kind. So, what I've done is figured up the amount of 385, 3 25 percent, and 25 percent equates to 96,250, and half is 4 48,125 each. Now, you'll see in the backup, I've had a 5 couple of e-mails from some of the folks -- some of the 6 players in this. Most notable one is from Jessica Zuba of 7 the Water Development Board, and she -- I'd asked her to take 8 a look at our resolution to see if there's anything 9 specifically that was missing or needed to be in there, and 10 she says, "One comment I wanted to make is that at this 11 time," -- and this was October 1 -- "we are looking at a 12 total facilities planning cost of 238." Meaning that they're 13 looking to seek some reductions in that from 385 down to 238. 14 Another e-mail came late yesterday afternoon, and 15 it is from the engineer, and he says that we've gotten feed 16 -- additional feedback from Water Development Board. Bottom 17 line is that they want to reduce the scope, and also the cost 18 of the facility plan, essentially trimming out some of the 19 work, such as surveying, permitting and geo-tech, and pushing 20 it into the next phase, which is the design phase, thereby 21 reducing the cost. He's going to have to rework the scope of 22 work, get a number. Now, for us, that means that the number 23 could fall somewhere between 385 and the number that Ms. Zuba 24 gave us of 238. Well, somewhere in between. 385 is the 25 high. 25 percent match of that is, as we indicated, in cash, 10-3-08 5 1 48,125. If it comes in at the lower number, our match 2 requirement would be 59,5, and that breakdown of one-half, 3 and that half is 29,750 each, in-kind versus cash. 4 So, what I'm asking the Court to do is approve a 5 resolution based on the application that's filed for 385. 6 That's the not-to-exceed number, which would be the 48, one 7 and a quarter for us. And that's what the resolution is all 8 about, just sweet and simple, that we agree to -- to approve 9 the match requirement for this particular grant. Now, what 10 this does is gets us through -- gets us through 11 environmental, archeological, some more design money, more 12 assessment of the cost and all this stuff, and gets us up to 13 the next phase, which is -- which is the actual design of the 14 construction and so forth. 15 COMMISSIONER LETZ: And the reason we are going 16 from a 10 percent match to a 25 percent match? 17 COMMISSIONER WILLIAMS: The reason is that our 18 reserves are sufficiently high that we don't qualify for 19 anything above a 75 percent match. That's the reason. 20 COMMISSIONER LETZ: 75 percent grant. 21 COMMISSIONER WILLIAMS: I'm sorry, a 75 percent 22 grant, requiring a 25 percent match. That's the reason why 23 we're in for 25 percent. 24 COMMISSIONER LETZ: So, you've got to be a really 25 poor county -- 10-3-08 6 1 COMMISSIONER WILLIAMS: You have to be an 2 extraordinarily poor county to get the next level, or -- or 3 total -- or totally. 4 COMMISSIONER OEHLER: I don't believe we qualify. 5 COMMISSIONER WILLIAMS: We don't qualify. 6 COMMISSIONER BALDWIN: So, we're just now finding 7 out that we're rich? 8 COMMISSIONER WILLIAMS: Yeah. In case you -- in 9 case you've been wondering, by T.W.D.B. standards, we're 10 flush. 11 COMMISSIONER BALDWIN: Don't tell Rusty. 12 COMMISSIONER WILLIAMS: Rusty -- well, when he sees 13 this budget amendment, how we've tapped him out to nothing... 14 COMMISSIONER BALDWIN: All right. Let me ask a 15 question. 16 SHERIFF HIERHOLZER: Y'all do that each year. 17 COMMISSIONER BALDWIN: You're talking about 18 trimming out some of the work, such as surveying, permitting, 19 geo-tech, and pushing it into the next phase, the design 20 phase. So, we're reducing the number now. We'll be 21 increasing the number in the design phase? 22 COMMISSIONER WILLIAMS: Quite likely. Why? Only 23 the Water Development Board knows why. 24 JUDGE TINLEY: Question. When we get to the design 25 phase, are we going to -- are we going to be in the same 10-3-08 7 1 percentage type match, or is there a possibility that more of 2 the design phase can be included -- be covered by grant 3 funds? 4 COMMISSIONER WILLIAMS: Judge, my understanding is 5 that once we get this phase -- this engages the Texas 6 Department of Health with a finding of need over there. And 7 if they find, as we think they will because of all the 8 septics in that area that are out of compliance and are 9 unsizable and blah, blah, blah, that we could then become 10 eligible for a higher level of funding, it's going to require 11 that Texas Department of Health certification of whatever it 12 is they're going to do. 13 JUDGE TINLEY: So, it -- probably the worst that 14 would happen is that our percentage match would remain at -- 15 at 25 percent. 16 COMMISSIONER WILLIAMS: Yes, sir. 17 JUDGE TINLEY: It could possibly become less 18 percentage than that. 19 COMMISSIONER WILLIAMS: It could become less. 20 JUDGE TINLEY: So, the more we push up to what we 21 could get a higher grant contribution on, the better off we 22 are. 23 COMMISSIONER WILLIAMS: That's the way it looks as 24 of this setting. 25 JUDGE TINLEY: Okay. That's what I'm seeing. 10-3-08 8 1 COMMISSIONER OEHLER: If we do this, this match 2 right now of the -- of the 48,125, and it actually costs us 3 less, do they just credit us, or -- 4 COMMISSIONER WILLIAMS: No, it's our money here. 5 COMMISSIONER OEHLER: -- do they send it back? 6 COMMISSIONER WILLIAMS: The way they work it, 7 Commissioner, is you spend your money first. 8 COMMISSIONER OEHLER: Yeah. 9 COMMISSIONER WILLIAMS: So, if our match is reduced 10 to anything less than 48,125, we're still spending our 11 dollars first and their money second. So, it's here. We 12 just have to commit to it. 13 COMMISSIONER OEHLER: Okay. We're -- we're 14 committing. We're not sending them a check today. 15 COMMISSIONER WILLIAMS: No, we're just committing. 16 COMMISSIONER OEHLER: Okay. I like that a lot 17 better. 18 COMMISSIONER WILLIAMS: Making the commitment. 19 COMMISSIONER LETZ: And there's no obligation -- if 20 we get to the next phase, there's no obligation for anything 21 beyond this. If we -- if they come back and say, "Okay, now 22 we want -- let's go on with the next phase of this, the 23 design-build phase," and they say, "and we want it to be a 24 75/25," we don't have to go along with that. We can just 25 say -- 10-3-08 9 1 COMMISSIONER WILLIAMS: No. 2 COMMISSIONER LETZ: We can opt out. 3 COMMISSIONER WILLIAMS: Every phase stands on its 4 own. 5 COMMISSIONER LETZ: Right. 6 COMMISSIONER WILLIAMS: So, with that explanation, 7 I would move the resolution that's presented to the Court, 8 which the Resolved says that the County -- Kerr County 9 Commissioners Court approves the match requirement for 10 Chapter 355 grant for EDAP facilities planning for Center 11 Point/Eastern Kerr County Wastewater Project. 12 COMMISSIONER LETZ: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval of the agenda item and the resolution. Question or 15 discussion? All in favor of the motion, signify by raising 16 your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: That motion does carry. Let's move 21 to Item 2; consider, discuss, take appropriate action to 22 confirm 2007-08 budget encumbrances to fund cash portion of 23 25 percent Kerr County match as required for Chapter 355 24 grant for EDAP facilities planning for Center Point/Eastern 25 Kerr County Wastewater Project. Commissioner Williams? 10-3-08 10 1 COMMISSIONER WILLIAMS: Thank you, Judge. I've 2 asked Ms. Hargis to see if she could figure out where we 3 could cobble together $48,125 from the recently concluded 4 budget year and encumber those monies. Jeannie, do you want 5 to come explain what you've done here? 6 COMMISSIONER BALDWIN: Don't you want to wait till 7 Rusty gets back in here? I like to see him squirm. 8 COMMISSIONER WILLIAMS: He's already fainted; 9 that's why he's in the hall. 10 COMMISSIONER BALDWIN: That's good enough. 11 MS. HARGIS: We have set up the budget amendment, 12 as you can see, from several different accounts to come up 13 with the 48,125, which we will transfer into Fund 37, which 14 is our Center Point Wastewater Treatment Plant fund that we 15 set up for that grant to keep it separate. 16 COMMISSIONER WILLIAMS: So, all of these would be 17 encumbered and go into Fund 37, and as we draw down on that 18 in this particular grant period, it comes out of this first, 19 and then Water Development Board money comes behind. 20 MS. HARGIS: That's right. 21 COMMISSIONER BALDWIN: And all of this -- all of 22 these -- 23 MS. HARGIS: I'm sorry? 24 COMMISSIONER BALDWIN: All of these dollars are on 25 '08-'09? Or are they some from last year? 10-3-08 11 1 MS. HARGIS: These are '07-'08 dollars. 2 COMMISSIONER BALDWIN: Say again? 3 MS. HARGIS: '07-'08, the year we just finished. 4 COMMISSIONER BALDWIN: All of it? 5 MS. HARGIS: Yes, because that was -- we received 6 the memo in September. So, -- 7 COMMISSIONER BALDWIN: Very good. Okay. 8 MS. HARGIS: -- this does not apply to the new 9 budget. 10 COMMISSIONER BALDWIN: Good. 11 COMMISSIONER WILLIAMS: Any questions? I move the 12 approval -- move approval of the budget amendment as 13 presented by the Auditor. 14 COMMISSIONER LETZ: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval of the budget amendment as presented in the agenda 17 item. Question or discussion on the motion? 18 COMMISSIONER BALDWIN: I still don't think you 19 should take over 50 percent of the Sheriff's salary, though. 20 (Laughter.) 21 COMMISSIONER WILLIAMS: Shhhh. 22 JUDGE TINLEY: You got to do what you got to do, 23 Buster. 24 COMMISSIONER BALDWIN: Okay. I'll go along with it 25 this time. 10-3-08 12 1 COMMISSIONER LETZ: We are talking about sewer 2 here. (Laughter.) 3 COMMISSIONER WILLIAMS: Whoa. 4 JUDGE TINLEY: Further question or discussion on 5 the motion? All in favor of the motion, signify by raising 6 your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: The motion does carry. 11 COMMISSIONER WILLIAMS: Thank you, gentlemen. 12 JUDGE TINLEY: Let's go to Item 3; consider, 13 discuss, and take appropriate action to authorize the 14 draining of Ingram Lake. Commissioner Oehler? 15 COMMISSIONER OEHLER: Well, you know, last year we 16 tried to do this, and they got authorization from the Court, 17 and we tried to pull the plug and broke the cable. So, this 18 year I got Len involved, and he went and rented the pump last 19 week and got two divers from up at Hunt to go down; they 20 uncovered the thing -- the ball, the infamous ball that had 21 the cable hooked to it, and the hook on the ball is in the 22 hole. That's why it broke when they tried to pull it. It 23 didn't -- it's not sticking up. So, we can put a new chain 24 on it. 25 COMMISSIONER BALDWIN: Oh, my gosh. 10-3-08 13 1 COMMISSIONER OEHLER: So, between some of the Road 2 and Bridge guys and some other interested parties, we have 3 devised a method to hook onto that ball very easily and pull 4 it, if we can get authorization to do so. Needs to be 5 drained. We need to do a little more evaluation of the dam 6 and see what's in there. It's been 12 years since it was 7 drained, and give the landowners a chance to do some cleanup 8 along their property and do some erosion control at the same 9 time. 10 COMMISSIONER LETZ: Second. 11 COMMISSIONER OEHLER: I move that -- 12 COMMISSIONER BALDWIN: Third. 13 COMMISSIONER OEHLER: -- that we authorize the 14 draining of Ingram Lake. 15 JUDGE TINLEY: Motion made and seconded for 16 approval of the agenda item. Question or discussion on the 17 motion? All in favor of that motion, saying by raising your 18 right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: That motion does carry. 23 COMMISSIONER LETZ: How big is this ball? 24 (Low-voice discussion off the record.) 25 JUDGE TINLEY: Do we have any further business? 10-3-08 14 1 Any reports from Commissioners in connection with their 2 liaison or committee assignments? Any reports from elected 3 officials? Let the record reflect, the Sheriff did not raise 4 his hand. (Laughter.) 5 SHERIFF HIERHOLZER: I'm trying to give y'all a 6 good year, Buster. 7 COMMISSIONER BALDWIN: See, I told you there's 8 still miracles. We have our vehicle. Jody, do you want to 9 talk about our vehicle? 10 MS. GRINSTEAD: No. 11 COMMISSIONER BALDWIN: No? We got one of the old 12 Environmental Health jeeps out of the -- dusted the cobwebs 13 off of it, put some new shoes on it, cleaned it up, slicked 14 it up, and it goes into service Monday. 15 JUDGE TINLEY: That's the courthouse utility 16 vehicle? 17 COMMISSIONER BALDWIN: Courthouse utility. 18 Courthouse folks will start driving it Monday. And that 19 answers the question of liabilities and income tax issues. 20 JUDGE TINLEY: I.R.S., mm-hmm. 21 COMMISSIONER BALDWIN: I.R.S. 22 COMMISSIONER LETZ: There shouldn't be -- if it's a 23 county vehicle, how is there income tax issues? 24 JUDGE TINLEY: Well, instead of people being -- 25 being paid to use their own vehicles. 10-3-08 15 1 COMMISSIONER LETZ: Okay. 2 COMMISSIONER OEHLER: If they don't use the 3 vehicle, they don't get paid any more, right? 4 JUDGE TINLEY: That's the theory. 5 COMMISSIONER OEHLER: They won't get paid for use 6 of their own vehicle. 7 COMMISSIONER LETZ: We probably need to look at our 8 -- draft some policy, maybe, about that, or -- 9 COMMISSIONER BALDWIN: We do have some policies to 10 talk about. Not today, but coming soon, yes. 11 COMMISSIONER LETZ: But something. That way, we 12 can -- you know, so we don't get caught with the same thing 13 with the cell phone, that someone didn't hear about it, you 14 know, they can't get paid any more. 15 COMMISSIONER BALDWIN: Well, that's true. You're 16 right. 17 COMMISSIONER OEHLER: We didn't send the right 18 signal. 19 COMMISSIONER LETZ: So, we -- that it's in the 20 policy; everyone's aware of it. 21 JUDGE TINLEY: If we're going to send out an 22 e-mail, we can do a telephone notification that we're sending 23 out an e-mail. 24 COMMISSIONER OEHLER: No, you need to send it Pony 25 Express. 10-3-08 16 1 JUDGE TINLEY: I see. Okay, gentlemen. It's 2 Friday. Is there any other business to come before us? 3 We'll be adjourned. 4 (Commissioners Court adjourned at 1:47 p.m.) 5 - - - - - - - - - - 6 7 8 STATE OF TEXAS | 9 COUNTY OF KERR | 10 The above and foregoing is a true and complete 11 transcription of my stenotype notes taken in my capacity as 12 County Clerk of the Commissioners Court of Kerr County, 13 Texas, at the time and place heretofore set forth. 14 DATED at Kerrville, Texas, this 3rd day of October, 15 2008. 16 17 JANNETT PIEPER, Kerr County Clerk 18 BY: _________________________________ Kathy Banik, Deputy County Clerk 19 Certified Shorthand Reporter 20 21 22 23 24 25 10-3-08