1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, November 10, 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 November 10, 2008 2 PAGE 3 --- Commissioners' Comments 5 4 1.1 Consider/discuss, take appropriate action to renew agreement with Kerr County Market Days 5 for 2009 8 6 1.2 Presentation by Kevin Stanton, Administrator of Kerr County Juvenile Detention Facility, 7 on FY 07-08 operations and performance audit/ review and TJPC performance audit/review 14 8 1.3 Consider/discuss, take appropriate action to 9 approve contract between Kerr County Juvenile Detention Facility and Suzanne Edwards, R.N., 10 to provide medical services to juveniles 22 11 1.4 Consider/discuss, take appropriate action to approve transfer of automobile from Juvenile 12 Detention Facility to Juvenile Probation Department 26 13 1.5 Consider/discuss, take appropriate action to 14 adopt and certify Kerr County plan provision for Plan year 2009 with Texas County & District 15 Retirement System 28 16 1.6 Consider/discuss, take appropriate action to reappoint Patrice Dorries to Alamo Area Senior 17 Advisory Committee effective January 1, 2009; forward appropriate notification to AACOG 29 18 1.7 Consider/discuss, take appropriate action to 19 authorize use of Flat Rock Lake Park as follows: Veterans of Foreign Wars, May 22-24, 2009, for 20 a BBQ cookoff; American Legion Post 208, April 10-12, 2009, for Easter festival and chili cookoff 31 21 1.8 Consider/discuss, take appropriate action to 22 approve "Agreement for Termination" of all existing agreements between Kerr County and UGRA 23 for the ownership, maintenance & operation of Kerrville South Wastewater System, Phases I, II, 24 and III; accept UGRA's payment of $25,000 matching funds for construction of Phase IV; and transfer 25 of Phase IV assets to the City of Kerrville upon completion of construction 33 3 1 I N D E X (Continued) November 10, 2008 2 PAGE 1.9 Consider/discuss, take appropriate action to 3 participate in Participant Statistical Areas Program (PSAP) Criteria for the 2010 census and 4 beyond; contract with AACOG to perform this work 41, 74 5 1.10 Presentation of documents, information and process relating to Texas Water Development 6 Board grant for Facilities Planning for Center Point/Eastern Kerr County Wastewater Project 50 7 1.11 Public Hearing concerning the Final Revision 8 of Plat for Lots 46-A & 47-A of Cypress Springs Estates, Phase I, Precinct 4 -- 9 1.12 Consider/discuss, take appropriate action to 10 review and acknowledge receipt of the Annual Commissary Audit to ensure compliance with 11 Chapter 351.0415, Local Government Code 60 12 1.13 Consider/discuss, take appropriate action to approve contracts with K'Star, Hill Country CASA, 13 Hunt VFD, Ingram VFD, Mountain Home VFD, & Tierra Linda VFD; allow County Judge to sign same 61 14 1.17 Consider/discuss, take appropriate action to 15 enter into interlocal agreement with City of Kerrville and/or designate alternate individual(s) 16 to approve floodplain permits or other floodplain authorizations in the absence or unavailability 17 of regularly designated County Floodplain Administrator 62, 18 76 1.14 Consider/discuss, take appropriate action to 19 appoint a Safety Committee 71 20 1.15 Consider/discuss, take appropriate action on proposed site plan for Hill Country Youth Exhibit 21 Center and surrounding property -- 22 4.1 Pay Bills 80 4.4 Approve and Accept Monthly Reports 81 23 1.16 Consider/discuss, take appropriate action on 24 Road and Bridge acquiring maintenance yard (Executive Session) 86 25 --- Adjourned 87 4 1 On Monday, November 10, 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 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 time and date, Monday, November the 10th, 2008, at 9 a.m. It 11 is that time now. Commissioner Williams? 12 COMMISSIONER WILLIAMS: Will you please rise and 13 join me in a moment of prayer, followed by the pledge of 14 allegiance to our flag? 15 (Prayer and pledge of allegiance.) 16 JUDGE TINLEY: Thank you. At this time, if there's 17 any member of the public or the audience that wishes to be 18 heard on any matter that is not a listed agenda item, now is 19 your opportunity to come forward and tell us what's on your 20 mind. If you wish to be heard on a listed agenda item, we 21 would prefer that you fill out a participation form. They're 22 located at the back of the room. That puts me on notice that 23 there's someone that wishes to be heard on that particular 24 item, and hopefully not go through that item hurriedly 25 without giving them that opportunity. But if you want to be 11-10-08 5 1 heard on an agenda item, as it comes up, if you've not filed 2 a participation form, that's fine too. Just get my attention 3 in some manner and I'll give you that opportunity. But right 4 now, if there's any member of the public that wishes to be 5 heard on any matter that is not a listed agenda item, come 6 forward at this time. Seeing no one coming forward, we will 7 move on. Commissioner Williams, what do you have for us this 8 morning? 9 COMMISSIONER WILLIAMS: Judge, I had a unique 10 experience over the weekend. I had an opportunity to go to 11 Austin and see how very wealthy Texas Longhorns celebrate 12 their team's football victories in the state. I was just 13 telling Commissioner Baldwin, it was almost a surreal 14 experience. And I didn't expect any miracles, and there were 15 no miracles that happened, but it was a fun day. That was in 16 the new North End Zone, where the Texas wealthy meet and 17 greet. Other than that, there was nothing that was notable. 18 Remainder of the weekend was pretty calm. 19 COMMISSIONER LETZ: Quite a stadium. 20 COMMISSIONER WILLIAMS: Unbelievable. It's 21 absolutely -- 22 COMMISSIONER LETZ: Or monument, I should say. 23 COMMISSIONER WILLIAMS: Monument to football, yeah. 24 It was great. 25 JUDGE TINLEY: Anything else? 11-10-08 6 1 COMMISSIONER WILLIAMS: No, sir. 2 JUDGE TINLEY: Commissioner Letz? 3 COMMISSIONER LETZ: I really don't have -- I'll 4 relate a quick story which is -- kind of ties right into 5 that. My little nephew is, I guess, a student trainer, 6 assistant for the baseball team and also for the football 7 team, but spends a lot of time in the weight room, and he has 8 been helping spot and work out with an older gentleman who -- 9 he didn't have a clue who he was. Turns out it was Darrell 10 Royal. He and Darrell have become quite good friends. 11 COMMISSIONER WILLIAMS: Name's all over that 12 building. 13 COMMISSIONER LETZ: But other than that, no 14 comments. 15 COMMISSIONER BALDWIN: That's pretty funny. 16 MR. OEHLER: Well, the other side of the world from 17 Austin is Lubbock. 18 COMMISSIONER WILLIAMS: Yeah. 19 MR. OEHLER: And Tech is just doing very well, and 20 hopefully they can get by Oklahoma. They may -- and if they 21 can beat Baylor after that, -- 22 COMMISSIONER WILLIAMS: Shouldn't be a problem. 23 MR. OEHLER: -- possibly Missouri or whoever after 24 that for the Big 12, I believe they'll play for the national 25 championship. Pretty good news. 11-10-08 7 1 COMMISSIONER LETZ: Yeah, it is. 2 COMMISSIONER OEHLER: Big news for that part of the 3 world. I mean, that -- my wife is very much a Tech fan, and 4 so it makes me very much of a Tech fan. 5 COMMISSIONER BALDWIN: Yeah. 6 JUDGE TINLEY: Windy day doesn't bother them when 7 they come to play, does it? 8 COMMISSIONER OEHLER: No, I think they're pretty 9 used to that. 10 JUDGE TINLEY: Anything else? 11 MR. OEHLER: Not even a cold norther blowing in 12 would hurt them. That's it. 13 JUDGE TINLEY: Commissioner Baldwin? 14 COMMISSIONER BALDWIN: I wouldn't bet an R.C. and a 15 moon pie against Oklahoma, though, I can tell you right now. 16 That's going to be a -- they hit you right in the mouth. All 17 I had is, I talked to Leonard Odom this morning from his 18 hospital bed. He had a five-bypass open heart surgery, and 19 he indicated to me he's kind of ready -- I said, "Well, 20 what's your status? When are you getting back to work?" And 21 he -- he said he was trying to get out of there today. He's 22 waiting on -- waiting on his doctor. No, I think a couple of 23 months he's going to be laid up. He had a rough time. He 24 had a rough time, so I told him that I would tell you all 25 about him, and that -- that we would lift him up in our 11-10-08 8 1 prayers and -- and take care of him in that way. So, anyway, 2 I don't know how long he's going to be in there, and he 3 didn't know. He's at Texsan Heart Hospital in San Antonio. 4 So, anyway, that's all I have. 5 JUDGE TINLEY: Well, that's -- all in all, things 6 are positive about his chances for a normal life after he 7 convalesces, and everything's going to be okay? 8 COMMISSIONER BALDWIN: Yes, sir. 9 JUDGE TINLEY: Wonderful. Glad to hear that. Of 10 course, we have -- we got able leadership out there to keep 11 that operation going. He's got that thing structured where 12 it just runs like a Swiss watch. 13 COMMISSIONER BALDWIN: We talked about that, how 14 neat it was to -- he really doesn't have to worry about that 15 thing, that that machine will run on its own, and -- 16 JUDGE TINLEY: Kind of on autopilot. 17 COMMISSIONER BALDWIN: It is kind of -- that's 18 neat. 19 JUDGE TINLEY: Let's get on with our business, if 20 we might. We'll go to the 9 a.m. item -- it is a bit past 21 that now -- to consider, discuss, and take appropriate action 22 to renew the agreement with the Kerr County Market Days for 23 2009. Ms. LuAnn Anderson, president of Market Days, is here, 24 and glad to have you here, Ms. Anderson. 25 MS. ANDERSON: Thank you very much. Good morning 11-10-08 9 1 to you all. It's a pleasure to once again to come down and 2 visit with you. We're here this morning to ask for your 3 permission for the eighth year of Kerr County Market Days. 4 Commissioner Baldwin was just saying, it seems like it was 5 just yesterday, and sometimes it does. Sometimes it seems 6 like it's been a bit longer when we think about how far we've 7 come from -- from that first day. 8 JUDGE TINLEY: Maybe it seems like yesterday from 9 this end. It may be more like an eternity from your end, 10 'cause you've been doing all the work. 11 MS. ANDERSON: Well, it's been a good time. It's 12 been a very good time. We've been really blessed with all 13 the people we've gotten to know and work with through this, 14 and we've been extremely fortunate to have had a part in it. 15 This year has been our most successful year ever. And I 16 never thought that I would stand here and say that, 17 considering fuel prices especially, and some of the other 18 economic conditions that we've faced. But we started with 19 the best opening day we have ever had last March. Things 20 slumped a bit during the summer when those fuel prices were 21 at their height, and then as we have come into the fall, 22 things have picked up again. So, our vendor participation 23 has remained pretty level despite a little drop-off during 24 the summer. We don't have an actual count of how many people 25 come to visit us -- excuse me -- but it's just our estimate 11-10-08 10 1 that our crowds have shown an increase, and we're guessing 2 now that we run about an average of 1,200, 1,300 people per 3 market, as opposed to about that 1,000 level that we've held 4 in previous years. 5 As usual, we're always looking for ways to grow and 6 improve. So, this year our request for our eighth season has 7 one change, and that is to take our Thanksgiving market and 8 add the Friday date to be a part of that market. Since the 9 courthouse will be closed, that gives us that -- that 10 opportunity. The Memorial Day event being two days has been 11 extremely successful. It's very popular with our vendors. 12 Our vendors have indicated to us that they would be delighted 13 to have a two-day market over Thanksgiving, so just that one 14 change that we're asking for for the coming year. We 15 continue to have good participation with our local 16 nonprofits. We think we've been able to help a few of those 17 folks through the year. It gives an opportunity for them to 18 appeal to the community. They tell us it's a very successful 19 venue for their efforts, and we'd like to go forward with the 20 next year, and we ask for your approval. Be happy to answer 21 any questions that I can. 22 COMMISSIONER BALDWIN: Do you have any conflicts at 23 all with other folks that -- other programs that want to use 24 the -- use the courthouse square on the same day, or does 25 anybody ever come in while you're set up and want to set up 11-10-08 11 1 something? And -- and I think the key is knowing in advance 2 who wants to be there. 3 MS. ANDERSON: Of course, we have the Kiwanis Club 4 which does their mop and broom sale out there, and that is 5 very, very successful. I think this coming market will be 6 another example. We're working with the parade and lighting 7 committee to have a joint event, and so it's -- it's just 8 been completely smooth. 9 COMMISSIONER BALDWIN: Good deal. Good. 10 COMMISSIONER WILLIAMS: LuAnn, was it this year -- 11 this past year you started the Memorial Day weekend, or has 12 it been about two years since you started doing that? 13 MS. ANDERSON: Two years. 14 COMMISSIONER WILLIAMS: Two years. How has that 15 worked out for you in terms of being open while the Texas 16 State Arts and Crafts Fair is in session? 17 MS. ANDERSON: We think it's a very synergistic 18 effect. We get lots of people who have been out to the state 19 event, and then they come here. We get people who come here, 20 and we're able to direct them to continue and -- and visit 21 the state event. Also, the master -- Masters of Fine Arts 22 that set up the event out at the Y.O., we're working closely 23 with them, and may do some joint advertising in the metroplex 24 next year. So, we think it's extremely beneficial to us. It 25 seems, with multiple events occurring either in Kerrville or 11-10-08 12 1 in this area, that we just -- we just see everything blossom. 2 COMMISSIONER WILLIAMS: Thank you. 3 JUDGE TINLEY: Commissioner Baldwin, I periodically 4 field requests from various organizations, most of them 5 nonprofit type, and about utilizing the courthouse grounds on 6 a particular weekend for some sort of an event. And in those 7 cases in which their -- their request to use the grounds 8 falls on Market Days -- 9 COMMISSIONER BALDWIN: Mm-hmm. 10 JUDGE TINLEY: -- date, I refer them to 11 Ms. Anderson. They get it worked out. As long as there's 12 communication up front, I'm -- I've not been aware of a 13 single problem; it always gets worked out. 14 COMMISSIONER WILLIAMS: I think I've seen y'all 15 here with the Veterans program at the same time, and it was 16 fantastic. 17 JUDGE TINLEY: Mm-hmm. 18 COMMISSIONER BALDWIN: Yeah, great. Well, Judge, 19 I'd like to move that we approve this agreement, the new 20 agreement that includes two days, if Jody says there's nobody 21 in here already on Friday. Is Jody saying that? 22 COMMISSIONER LETZ: Yeah. 23 MS. GRINSTEAD: Yes. 24 COMMISSIONER BALDWIN: Thank you so much. 25 MR. OEHLER: I second your motion. 11-10-08 13 1 JUDGE TINLEY: Motion made and seconded to approve 2 the '09 market schedule agreement and dates. Further 3 question or discussion on that motion? All in favor of the 4 motion, signify by raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: The motion carries. Thank you, 9 Ms. Anderson. 10 MS. ANDERSON: Thank you very much. 11 JUDGE TINLEY: Appreciate your work. 12 MS. ANDERSON: Let me extend an invitation to all 13 of to you come by on the 22nd. Right now we have some live 14 entertainment that will be a part of the market. Also be 15 some live entertainment down at the star. In the market, we 16 have confirmed at this point, assuming weather doesn't go bad 17 on us, the Schreiner women's ensemble, Peterson Middle school 18 choir, Trinity Baptist Church choir, and the Dietert line 19 dancers. So, we're looking for a super day, and we'll be 20 giving away 2,000 candy canes. 21 COMMISSIONER BALDWIN: Wow. 22 MS. ANDERSON: So, thank you very much. 23 MR. OEHLER: Thank you. 24 JUDGE TINLEY: Sounds like a fun day. 25 COMMISSIONER WILLIAMS: Yeah. 11-10-08 14 1 JUDGE TINLEY: Let's move on to Item 2, if we 2 might, a presentation by Kevin Stanton, administrator of the 3 Kerr County Juvenile Detention Facility, on the FY '07-'08 4 operations at the facility, and also the performance audit 5 and review by the Texas Juvenile Probation Commission. 6 MR. STANTON: Good morning. 7 MR. OEHLER: Good morning. 8 JUDGE TINLEY: Morning. 9 MR. STANTON: I guess we'll start with the bad 10 news. Bad news is we went $70 over budget last year. 11 COMMISSIONER WILLIAMS: What? 12 COMMISSIONER BALDWIN: How much? 13 MR. STANTON: $70. 14 COMMISSIONER WILLIAMS: $70. 15 COMMISSIONER BALDWIN: Got to get rid of this guy. 16 MR. STANTON: And we promise we're going to try to 17 do better this year. 18 COMMISSIONER BALDWIN: Doing better makes it less, 19 not up. 20 MR. STANTON: The good news is that our revenues 21 were $48,910 over what we proposed or budgeted for last year. 22 COMMISSIONER BALDWIN: My gosh. 23 MR. STANTON: So -- 24 JUDGE TINLEY: That ought to cover the 70, right? 25 COMMISSIONER BALDWIN: Yeah. 11-10-08 15 1 MR. STANTON: And the 48,900 was all kids. It 2 wasn't state grants, ad valorem taxes, interest, anything 3 like that. It was all related to the number of kids that we 4 held in the facility. We averaged 340 billable days for the 5 year. We have right now, for the '07-'08, budget year, we've 6 still got $12,420 outstanding that -- of the counties that 7 we're still trying to collect from other counties. 8 JUDGE TINLEY: So, you're looking at $60,000 9 positive? 10 MR. STANTON: No, sir. The 48 -- the 12,000 is 11 added into the 48,000. 12 JUDGE TINLEY: Okay. That includes the accruables? 13 MR. STANTON: Yes, sir. 14 JUDGE TINLEY: Okay. 15 MR. STANTON: About 75 to 80 percent of it is owed 16 to us by one county, and we're working with Mr. Emerson on 17 trying to collect that -- that money. I don't see it's going 18 to be a problem. I think we'll be able to do it. But we -- 19 for '07-'08, we averaged about 13 kids a day out at the 20 facility. I've got it broke down -- if y'all are interested, 21 I've got it broke down by the month, how we -- how much each 22 county -- how much each county paid us, and the breakdown for 23 each month. 24 JUDGE TINLEY: Haven't we had one or two counties 25 that have kind of come on stream within the last year or so, 11-10-08 16 1 utilizing our facility? 2 MR. STANTON: Yes, sir. We're getting a lot -- a 3 lot more kids from Gillespie County, and also from -- 4 Gillespie County's the biggest, Gillespie and Burnet County. 5 I mean, those are the two that we've really seen an increase 6 from recently. Of course, Kerr County's our biggest 7 contributor. Uvalde has kept us pretty busy. We seem to get 8 a lot of the really, I guess, hardcore kids from Maverick 9 County. We get a lot of their kids that get kicked out of 10 different facilities for some reason or another, and they end 11 up sending them to us, and we deal with them for a little 12 while. We seem to get a lot of kids from Maverick County 13 that are on their last step getting ready to go to T.Y.C., 14 and we get them for about a month while they're waiting to go 15 to T.Y.C. in different circumstances like that. So... 16 COMMISSIONER BALDWIN: Is Maverick County one of 17 the counties that we're having a hard time getting money 18 from? 19 MR. STANTON: No, sir. No -- oh, no, I'm sorry. 20 Yes, sir, it is. That's who -- that's who owes us, yeah. 21 Yeah, they owe us a little over $8,000. 22 JUDGE TINLEY: But the good news is, this is a new 23 year and there's a fresh load of money? 24 MR. STANTON: Well, the good news is, we broke our 25 record for a single month. We -- we billed out over $48,000 11-10-08 17 1 last month, which is more than we've ever billed out before 2 in a single month. 3 COMMISSIONER WILLIAMS: What's your average daily 4 census, Kevin? 5 MR. STANTON: Well, for the last year, it was -- it 6 was in between 12 and 13, 12 and a half -- 12.89 kids or 7 something like that. So, right now -- last month it was 8 right at 16 for the whole month. It really fluctuates. I 9 mean, it's a whole lot easier to go by the billable days, 10 because last year we actually had fewer kids. We had three 11 -- three fewer kids for the total year than we did the 12 previous year, but our billable days was way -- a lot higher, 13 so we're seeing a trend where we're keeping kids for extended 14 periods of time, a lot longer than they were before. So ... 15 JUDGE TINLEY: Any particular issues or matters out 16 there that you need the Court's help on, or is everything 17 going pretty much according to Hoyle? 18 MR. STANTON: I think everything's going really 19 well. I mean, last year one of our big -- our problems with 20 why we were over budget was the fact that we had some unusual 21 FMLA's where people were out on FMLA for different reasons 22 for extended periods. Unfortunately, we've got the same 23 thing going on now. We've got a lady that was out on FMLA 24 that had surgery, and then she developed complications, and 25 now we're finding out she's going to be out a little bit 11-10-08 18 1 longer than we had planned or hoped. So -- but that's -- 2 that's really stuff that you can't really plan for. I mean, 3 it's the kind of stuff you have to go and -- and just take 4 care of as it goes. But other than that, I mean, the staff 5 -- the staff is very motivated, and everything's going really 6 well. 7 JUDGE TINLEY: And your -- your staff problems have 8 kind of leveled out and you're able to keep that pretty 9 stable? 10 MR. STANTON: Yes, sir. I think we had two people 11 -- two or three people resign for the year last year, and 12 hopefully this year we won't have anybody, is our goal. But 13 I tell my staff that -- you know, that I don't want to stand 14 in their way. If they feel like they can better themselves 15 someplace else or do a better job somewhere else or make more 16 money somewhere else, then, you know, I'm 100 percent behind 17 them, and I'll do whatever I can to help them. 18 COMMISSIONER BALDWIN: Send them to Rusty. 19 Speaking of Rusty, how is -- how's the meal thing working? 20 Is that a pretty smooth transition? 21 MR. STANTON: I think it's going really well. We 22 -- we really don't have any issues with that. The school 23 district still provides us free breakfast and free lunch when 24 they're in session. Other than that, we're getting our meals 25 from the Sheriff's Department, and that's working out great. 11-10-08 19 1 COMMISSIONER BALDWIN: Super. 2 MR. STANTON: We haven't had any real issues, and 3 we appreciate everything the Sheriff's Department does for 4 us. 5 COMMISSIONER LETZ: Kevin, would you say about 6 30 percent of the revenue is coming from other counties? Is 7 that the -- about where it has been in prior years, or is it 8 up a little? 9 MR. STANTON: It's up a little bit. Prior years, 10 it was more in the 20 to 23 percent. We're seeing a -- a 11 larger portion. I mean, Kerr County's increasing also, the 12 amount of kids that they're putting in, but we're also 13 getting more kids from other counties also. So -- and the 14 funny thing with out-of-county kids, those are the kids we 15 seem to be holding for longer periods of time. 16 COMMISSIONER LETZ: And the -- the rate that we're 17 charging is at least covering our expenses? We're not 18 subsidizing that, correct? 19 MR. STANTON: Yes, sir. In fact, I mean, we might 20 want to look at, come next year, increasing our daily rate. 21 That's something we're really going to have to look into, 22 'cause we're one of the lower -- I mean, we're on the low end 23 of our daily rates, and I think that might be one of the 24 reasons that we get a lot more out-of-county kids than other 25 facilities. 11-10-08 20 1 JUDGE TINLEY: What have other comparable 2 facilities gone to? My understanding going into last year 3 was that we were about average or norm. 4 MR. STANTON: Right. We're -- we're anywhere from 5 $5 to $8 below most others. Hays County is charging, last I 6 heard, somewhere in the $95 to $97 a day range. There's some 7 counties -- Atascosa County is charging other counties over 8 $100 a day. 9 COMMISSIONER WILLIAMS: What are we doing right 10 now? 11 MR. STANTON: We're at $90. 12 COMMISSIONER WILLIAMS: $90? 13 COMMISSIONER LETZ: What do we estimate our costs 14 are per kid? 15 MR. STANTON: I don't have that figure off the top 16 of my head. I could find it out for you, but I'm not real 17 sure. 18 COMMISSIONER LETZ: We kind of -- we're basically 19 staffing it at the same level, so, you know, any way you look 20 at it, we're making money. 21 MR. STANTON: Yeah, we are. 22 COMMISSIONER WILLIAMS: We're staffing for 24; 23 might as well take 24 in. 24 MR. STANTON: We've staffed -- right now we're 25 staffed at the minimum and the maximum that we can -- we can 11-10-08 21 1 staff it at. I mean, we -- with male/female ratios, we're 2 staffed at the minimum we can, and if we get up to 25 kids, 3 we're staffed to hold at least that many. So -- 4 COMMISSIONER LETZ: Yeah. Looks good. 5 JUDGE TINLEY: Okay. Let's talk about your T.Y.C. 6 MR. STANTON: T J.P.C.? T.J.P.C. came in and did 7 a -- 8 JUDGE TINLEY: Excuse me, T.J.P.C. 9 MR. STANTON: That's all right. We're hoping 10 T.Y.C. comes out. 11 COMMISSIONER WILLIAMS: But in the big box. 12 MR. STANTON: Right, in the other box. T.J.P.C. 13 came out last month and did a site inspection on our 14 facility. They graded us on 12 different standards. Eleven 15 out of the 12, we scored 100 percent on. One standard 16 relating to one individual part-timer -- it's one of those 17 ones where it's either an all or nothing type thing, and so 18 we got a nothing on that one standard due to the fact that we 19 had one of our part-timers that had gone past the 180-day 20 threshold for being certified. And the issue with that was 21 that we hired her, we got about 60 percent of her training 22 done, and then she went on a four-month vacation -- or not 23 four-month, four-week vacation. And then once she came back, 24 we didn't get to finish doing all of her training within the 25 180 days. What that means is that she can't -- as a 11-10-08 22 1 part-timer, she can't have any contact with the kids until we 2 get her certification done. So, what we've done is moved her 3 into the control room at this point, and we're waiting for 4 her fingerprints to come back from D.P.S. Once her 5 fingerprints come back from D.P.S., she'll be certified to 6 work as a JDO. 7 JUDGE TINLEY: It was a good performance 8 evaluation. By law, I get a copy of it, and I was very, very 9 pleased. When I saw that the one instance, the one glitch 10 where there were those extenuating circumstances, and that -- 11 that gap that she took, why, had that not occurred, why, her 12 training program would have progressed and there wouldn't 13 have been that problem. But it turns out it didn't, but he's 14 going to get it corrected and the issue will be resolved, and 15 away we go. But otherwise, 100 percent. Appreciate it. 16 COMMISSIONER WILLIAMS: Eleven out of 12, not bad. 17 JUDGE TINLEY: Yeah, that's pretty good. 18 COMMISSIONER WILLIAMS: Thank you, Kevin. 19 MR. STANTON: No problem, sir. 20 JUDGE TINLEY: Any other questions for Mr. Stanton? 21 Thank you a bunch. We appreciate the work you do. 22 MR. STANTON: No problem, sir. Thank you. 23 JUDGE TINLEY: Okay. Let's move on, if we might. 24 Consider, discuss, and take appropriate action to approve 25 contract between the Kerr County Juvenile Detention Facility 11-10-08 23 1 and Suzanne Edwards, registered nurse, to provide medical 2 services to juveniles at the facility. 3 MR. STANTON: That is actually two -- I didn't make 4 extra copies of the contract. That's actually two copies of 5 the same contract y'all are looking at. Mr. Emerson's viewed 6 it. It's the same contract that we've used with our other 7 nurses. Doctor -- or not doctor. Nurse Edwards is a nurse 8 that we had at the facility prior to this past year. We've 9 kind of tried something a little different, going outside, 10 and it was -- it was a good and bad situation as far as our 11 nurses last year. And so I think we're going to go back and 12 try doctor -- Suzanne is also the R.N. for Dr. Meriwether, 13 who is our facility doctor, so we'll have a direct line in 14 with the doctor again. And we're asking that the Court 15 approve the contract for services with -- with the nurse, 16 Nurse Edwards. 17 JUDGE TINLEY: Any problems with the agreement as 18 you see it, Mr. Emerson? 19 MR. EMERSON: No, sir. 20 COMMISSIONER WILLIAMS: Fees stay the same? 21 MR. STANTON: No, sir, that's the big difference. 22 That's the reason we lost Ms. Edwards to begin with last 23 year. She -- we were paying -- we were paying on an hourly 24 rate this past year, and the amount of money that we paid for 25 our nurses last year was right at $7,500 for the whole year. 11-10-08 24 1 Nurse Edwards has agreed to come back if we can pay her a -- 2 such as a salary position. She's agreed to come out to the 3 facility at least two to three times a week, but she wants to 4 be paid $500 a month. Which, if you take the 500 and figure 5 it on out, it's actually less than what we paid our nurses 6 last year for coming out to the facility. So, that's the -- 7 really, the big difference is that she wants to be paid a 8 certain amount each month. 9 COMMISSIONER BALDWIN: So, that's less than -- 10 that's less than we paid our nurses -- 11 MR. STANTON: Yeah. 12 COMMISSIONER BALDWIN: -- last year? 13 MR. STANTON: Yes, sir. 14 COMMISSIONER BALDWIN: That would be -- that "s" on 15 the end of it means to me there's more than one. 16 MR. STANTON: We had two nurses that we contracted 17 with last year that were on -- kind of like an on-call 18 situation. We had Nurse Burkett, who was our main nurse. 19 Then we had Nurse Brown, who was the other nurse. When we 20 couldn't get ahold of Ms. Burkett, we got ahold of Ms. Brown, 21 and they kind of switched off as to which one came out to the 22 facility and that kind of stuff. 23 COMMISSIONER BALDWIN: I know Ms. Edwards. She has 24 been a dedicated person to us. I mean, she's been -- she's 25 been around that facility a long time. 11-10-08 25 1 MR. STANTON: Yes, sir. 2 COMMISSIONER BALDWIN: And has come and gone and 3 helped us at times, and I really appreciate her. I don't 4 know what we want to do about this -- full-time employee? Is 5 that what you're saying? 6 MR. STANTON: No. No, sir. She would be a -- I 7 think -- 8 COMMISSIONER WILLIAMS: Contract employee. 9 MS. HYDE: Contract employee. 10 COMMISSIONER BALDWIN: Okay. 11 MR. STANTON: Yes, sir. 12 COMMISSIONER BALDWIN: That doesn't mean benefits 13 and things like that? 14 MS. HYDE: No, sir. 15 COMMISSIONER BALDWIN: Okay. 16 JUDGE TINLEY: As opposed to paying her on an 17 hourly or on a -- 18 COMMISSIONER BALDWIN: Yeah. 19 JUDGE TINLEY: -- per-call basis, she'll just be 20 paid a flat $500 per month, and that's whether she spends 12 21 hours a month or one hour a month. 22 COMMISSIONER BALDWIN: Yeah. 23 COMMISSIONER WILLIAMS: Move approval of the 24 contract with Suzanne Edwards for nursing services to the 25 Juvenile Detention Facility. 11-10-08 26 1 COMMISSIONER LETZ: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval of the agreement as indicated. Question or 4 discussion on the motion? All in favor of the motion, 5 signify by raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: The motion does carry. Thank you, 10 Mr. Stanton. 11 MR. STANTON: On that -- on the last issue, though, 12 the nurses that we currently have, Ms. Burkett and Ms. Brown, 13 have agreed to act as backups if we do need them. If -- you 14 know, as an on-call basis, to continue with the, you know, 15 same hourly structure we had before. I hope that we don't -- 16 that need doesn't arise, but we do have backup. 17 COMMISSIONER WILLIAMS: If sickness gets in the way 18 or things like that. 19 MR. STANTON: Yes, sir. 20 JUDGE TINLEY: Let's go to the next item; consider, 21 discuss, and take appropriate action to approve the transfer 22 of property from the Juvenile Detention Facility to the 23 Juvenile Probation Department, that being an automobile. 24 Mr. Stanton? 25 MR. STANTON: Yes, sir. The van that we currently 11-10-08 27 1 have out at the facility is an eight-passenger van. It's a 2 white van. It -- a lot of times we find ourselves in the 3 need of being -- having to transport more kids than that to 4 the -- up here to court and to different places at a single 5 time. The Probation Department downstairs has a -- I guess 6 it's a 15-passenger van. 7 JUDGE TINLEY: 14 or 15. 8 MR. STANTON: 14- or 15-passenger van. And they 9 have agreed to trade us their van for our old -- our car, our 10 little white car that we really weren't using very often, 11 because it was so small that we didn't have any, really, need 12 to transport kids in it. So, what we're asking is the Court 13 to allow us to transfer our -- our vehicle -- our car to the 14 Probation Department, and they will transfer their 15- or 15 14-passenger van to the Probation -- to the Detention 16 Facility for us to use to transport kids. And that way, 17 we'll have two vans out at the facility, and we won't have 18 the car any longer. 19 JUDGE TINLEY: The Juvenile Probation Department is 20 very much in favor of this. Rather than use that big van to 21 go make their home visits to the probationers during the 22 evening, after curfew, to check up on those probationers, 23 things of that nature, they really need an automobile, as 24 opposed to a van. So, it's a win-win deal there. That's why 25 they came up with the trade. 11-10-08 28 1 COMMISSIONER LETZ: Move approval. 2 MR. OEHLER: Second. 3 JUDGE TINLEY: Motion made and seconded for 4 approval of the agenda item. Question or discussion? All in 5 favor of the motion, signify by raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: Motion does carry. Thank you, Mr. 10 Stanton. 11 MR. STANTON: Thank y'all very much. 12 JUDGE TINLEY: We appreciate it. Let's move to 13 Item 5, if we might. Consider, discuss, take appropriate 14 action to adopt and certify Kerr County plan provision for 15 plan year 2009 with the Texas County and District Retirement 16 System. I put this on the agenda cooperatively with 17 Ms. Hyde. What we have budgeted for -- insofar as our 2009 18 plan year with T.C.D.R.S. is what you see in your backup 19 material. It includes CPI-based 50 percent COLA for 20 retirees, and the 230 percent contribution rate by the County 21 to apply to future deposits only. Those were the only 22 changes we made budget-wise for this coming year. Of course, 23 it does include the -- the life insurance component, and I 24 believe there's an accidental death and dismemberment -- 25 MS. HYDE: Yes, sir, both. 11-10-08 29 1 JUDGE TINLEY: -- rider that goes on that life 2 insurance component. But it's essentially -- that is what we 3 approved for budgetary purposes going into the 2009 plan 4 year. 5 COMMISSIONER WILLIAMS: What is described here in 6 Proposed Plan 1, that's what's approved? 7 JUDGE TINLEY: That's exactly it. 8 COMMISSIONER WILLIAMS: Move approval of our 9 contribution to T.C.D.R.S. as proposed. 10 COMMISSIONER BALDWIN: Second. 11 COMMISSIONER WILLIAMS: As budgeted. 12 JUDGE TINLEY: We have a motion and a second for 13 approval of the 2009 plan year proposal for T.C.D.R.S. Kerr 14 County. Question or discussion on the motion? All in favor 15 of the motion, signify by raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: That motion does carry. Let's move 20 to Item 6, if we might. Consider, discuss, and take 21 appropriate action to reappoint Patrice Dorries to Alamo Area 22 Senior Advisory Committee effective January 1, 2009, and 23 forward appropriate notification to AACOG. Commissioner 24 Williams? 25 COMMISSIONER WILLIAMS: Two vacancies, Judge, exist 11-10-08 30 1 on the -- from Kerr County for the Alamo Area Senior Advisory 2 Committee -- I take that back. One vacancy exists. 3 Ms. Dorries is currently there, is slated to become an 4 officer, and has indicated her willingness to serve again. 5 And we have one other vacancy which now was created by the 6 resignation of Margie Jetton, and so we need to be looking 7 for someone to fill that spot. One name has been submitted 8 to me. There may be others that members of the Court wish to 9 propose, or others wish to propose to us. We have time to do 10 that, but it's important to get Ms. Dorries reappointed, and 11 which I would move her reappointment. 12 COMMISSIONER BALDWIN: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval of the agenda item. Question or discussion on the 15 motion? I might add that I happened to run into Ms. Dorries 16 over the weekend, and mentioned to her that this agenda item 17 was going to be before us today, and that I felt pretty 18 strongly she'd get reappointed; to get ready to hitch it up 19 again. She was happy to hear that. 20 COMMISSIONER WILLIAMS: She's done a really good 21 job for us. 22 JUDGE TINLEY: Further question or discussion? All 23 in favor of the motion, signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 11-10-08 31 1 (No response.) 2 JUDGE TINLEY: The motion does carry. We'll go to 3 Item 7; consider, discuss, and take appropriate action to 4 authorize use of Flat Rock Lake Park as follows: Veterans of 5 Foreign Wars for May 22nd through 24th of 2009 for a barbecue 6 cook-off; and further, use by American Legion Post 208 7 April 10th through 12th, 2009, for the Easter festival and 8 chili cook-off. Commissioner Williams? 9 COMMISSIONER WILLIAMS: Both of these requests have 10 come to me, Judge. The American Legion Post wants to 11 reestablish the festival and the chili cook-off, and those 12 dates are proposed as April 10 to 12. The Veterans of 13 Foreign Wars, I have had their application on my desk for a 14 little while, and that is for May 22 to May 24. They had 15 suggested a couple dates. They had first suggested the 16 Memorial Day weekend date, but that could put them in 17 conflict with Texas State Arts and Crafts Fair for overflow 18 parking, so they've readjusted their thinking, and they're 19 now thinking about May 22 to 24 for a barbecue cook-off. 20 Both good organizations; both do good community work. Move 21 approval of their requests. 22 MR. OEHLER: Second. 23 JUDGE TINLEY: Motion made and seconded for 24 approval. Question or discussion? 25 COMMISSIONER LETZ: Question on the Easter one. 11-10-08 32 1 Isn't there -- 2 COMMISSIONER WILLIAMS: Yeah. 3 COMMISSIONER LETZ: -- a -- I can't even think of 4 the gentleman's name that has done that Easter -- 5 COMMISSIONER WILLIAMS: Karl Buchler used to do it. 6 COMMISSIONER LETZ: Right. He's not doing it any 7 more? 8 COMMISSIONER WILLIAMS: No, apparently they've 9 given it up, and this group is now going to pick it up and 10 reestablish it. 11 COMMISSIONER LETZ: Okay. 12 COMMISSIONER BALDWIN: What are we approving here? 13 COMMISSIONER WILLIAMS: Just the dates for use of 14 the park. 15 COMMISSIONER BALDWIN: Just -- what about the dog 16 poo-poo? (Laughter.) 17 COMMISSIONER WILLIAMS: If it's there, they got to 18 live with it. 19 COMMISSIONER BALDWIN: Okay. Did you get that? 20 COMMISSIONER WILLIAMS: Either that, or it'll end 21 up in the chili. 22 THE CLERK: Oh. 23 COMMISSIONER BALDWIN: Yeah, and that's -- that's 24 it. I mean, we're not -- we don't charge anybody for the use 25 of that facility? 11-10-08 33 1 COMMISSIONER WILLIAMS: No, we never have. 2 COMMISSIONER BALDWIN: All right. 3 JUDGE TINLEY: Got that resolved? 4 COMMISSIONER WILLIAMS: Don't have anything else. 5 JUDGE TINLEY: May 22 through 24 is not the 6 Memorial Day weekend? 7 COMMISSIONER WILLIAMS: No, it's the next weekend. 8 JUDGE TINLEY: Okay. Further question or 9 discussion on the motion? All in favor of the motion, 10 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. 15 COMMISSIONER WILLIAMS: I'll notify them both that 16 the dates were approved. 17 JUDGE TINLEY: Okay. Thank you, Commissioner. 18 We'll go to Item 8; consider, discuss, and take appropriate 19 action to approve an agreement for termination of all 20 existing agreements between Kerr County and the Upper 21 Guadalupe River Authority for the ownership, maintenance, and 22 operation of the Kerrville South Wastewater System, Phases I, 23 II, and III, accept U.G.R.A.'s payment of $25,000 matching 24 funds for use in construction of Phase IV, and the transfer 25 of Phase IV assets to the City of Kerrville upon completion 11-10-08 34 1 of construction. Commissioner Williams, I hope your 2 explanation is shorter than the agenda item. 3 COMMISSIONER WILLIAMS: I hope so too, Judge. I 4 think I tried to get it all in there succinctly. I'm not 5 going to review the history of all of this, but suffice it to 6 say that U.G.R.A. has determined to allow the City to 7 exercise the option that was in their agreement and take over 8 the ownership of the existing Phases I, II, and III, and 9 they're going to get out of being the middle man in the 10 sewer -- in the Kerrville South sewer project. And so what 11 this does is terminate all the outstanding agreements between 12 the County and U.G.R.A. for Phases I, II, and III, and their 13 participation in the middle. We're accepting their dollars 14 which they've pledged to us for construction of Phase IV 15 matching money, and when this is all completed, we'll execute 16 a bill of sale or transfer of ownership to the City of 17 Kerrville when Phase IV is completed. We'll talk at another 18 time about the implications of this for future things we do, 19 but this is what they want to do, and it's up to us to turn 20 them loose. 21 COMMISSIONER BALDWIN: Let's talk just a little bit 22 about the future, though. 23 COMMISSIONER WILLIAMS: Okay, sure. 24 COMMISSIONER BALDWIN: It appears to me, just 25 looking at it and listening to you, that this could possibly 11-10-08 35 1 be the last round. 2 COMMISSIONER WILLIAMS: With? 3 COMMISSIONER BALDWIN: Yes or no? 4 COMMISSIONER WILLIAMS: Last round for what, 5 Commissioner? 6 COMMISSIONER BALDWIN: To do anything over there, 7 any kind of program. U.G.R.A.'s leaving the program, and 8 they're turning it over to the City. Is the City going to be 9 able to participate with the matching fund issue? 10 COMMISSIONER WILLIAMS: Well, when we finish Phase 11 IV and we turn Phase IV over to the City, they will have a 12 complete system. Currently, they already maintain it by 13 contract with U.G.R.A., and they do the billing, so two 14 important phases they already do. 15 COMMISSIONER BALDWIN: Mm-hmm. 16 COMMISSIONER WILLIAMS: So U.G.R.A., in effect, is 17 turning over almost $2 million worth of infrastructure to the 18 City, and it becomes theirs. We'll do the same with Phase 19 IV, whatever that cost is, a half million or more, and then 20 they'll have a complete system. This just takes U.G.R.A. out 21 of the middle. It does lead us to think about the future 22 with respect to them being in the middle for any other sewer 23 projects we're doing, but it just takes them out of the 24 picture totally now. 25 COMMISSIONER BALDWIN: I know. And you skirted my 11-10-08 36 1 question. 2 COMMISSIONER WILLIAMS: I'm sorry. 3 COMMISSIONER BALDWIN: Who's going to -- let's 4 pretend that there's going to be a Phase V or Phase VII, 5 Phase IX. Who is going to be in that slot where -- I'm 6 seeing U.G.R.A.'s payment of 25,000 matching funds. Who will 7 be replacing that? Will the City of Kerrville be replacing 8 that? 9 COMMISSIONER WILLIAMS: If there is a Phase V. 10 COMMISSIONER BALDWIN: Okay. If there is a Phase 11 V. 12 COMMISSIONER WILLIAMS: If there is a Phase V, we'd 13 have to sit with -- and we became the initiator of the 14 project as we have been before, -- 15 COMMISSIONER BALDWIN: Mm-hmm. 16 COMMISSIONER WILLIAMS: -- we'd have to sit with 17 the City and see if they wish to participate and provide 18 grant money. 19 COMMISSIONER BALDWIN: Okay. 20 COMMISSIONER WILLIAMS: There is no plan for a 21 Phase V. 22 COMMISSIONER BALDWIN: Mm-hmm. 23 COMMISSIONER WILLIAMS: Once this is completed, -- 24 this will have been Phase IV -- we will have completed the 25 entirety of the Kerrville South project as it was originally 11-10-08 37 1 scored. 2 COMMISSIONER BALDWIN: I understand. I understand. 3 COMMISSIONER WILLIAMS: So I don't anticipate a 4 Phase V there, or VI or VII. 5 COMMISSIONER BALDWIN: Well, there's a lot of 6 people over there that do -- 7 COMMISSIONER WILLIAMS: Well, -- 8 COMMISSIONER BALDWIN: -- anticipate it. 9 COMMISSIONER WILLIAMS: -- I understand that. 10 COMMISSIONER BALDWIN: And -- 11 COMMISSIONER WILLIAMS: And that would have to be 12 then between -- well, they could come talk to us about 13 whether we want to be the initiator, and if the Court wants 14 to do that, we could do that. We'd have to sit down with the 15 City and work out all the other -- 16 COMMISSIONER BALDWIN: Could an organization like 17 CAG, just as an example, could they -- could they be the 18 initiator of a program like this? I don't think that they 19 could probably go after those funds like we have. 20 COMMISSIONER WILLIAMS: I could see their role in 21 coming to us and urging us to do it. 22 COMMISSIONER BALDWIN: Mm-hmm. 23 COMMISSIONER WILLIAMS: I can't see their role in 24 the middle as being -- as playing the same role that U.G.R.A. 25 did. 11-10-08 38 1 COMMISSIONER BALDWIN: Yeah. 2 COMMISSIONER WILLIAMS: Because they lack a formal 3 structure. 4 COMMISSIONER BALDWIN: I agree. I agree. Okay, 5 thank you. 6 JUDGE TINLEY: I think if there is a desire to go 7 forward and to extend that project in Kerrville South, 8 whoever desires that to happen, be it CAG or some other 9 citizens group or this Court or the City -- if it's a 10 citizens' group or CAG, for example, they would urge possibly 11 us or the City, but they come to us. What I see our role as 12 being is exactly as it has been, but we would then be looking 13 to the City for the grant match. 14 COMMISSIONER WILLIAMS: Exactly. 15 JUDGE TINLEY: As opposed to U.G.R.A., who's filled 16 that spot in the previous phases. Because U.G.R.A. has taken 17 themselves out of the middle in that sense for this entire 18 project. 19 COMMISSIONER WILLIAMS: That's correct, Judge. 20 That's the way I see it. 21 COMMISSIONER BALDWIN: Well, and, too, you know, 22 you say that if they -- if somebody was to come to us, that 23 we would -- we would play probably the same role. I don't 24 know. Mr. Williams has put in a lot of energy -- a lot of 25 energy in these -- in all these phases and getting all that 11-10-08 39 1 completed over there. I don't know if he's willing to do 2 that or not. 3 COMMISSIONER WILLIAMS: Well, I think whether I'm 4 willing or not is -- is secondary to whether or not it is a 5 viable project, and whether it serves a need that we'd like 6 to pursue for Kerr County. 7 COMMISSIONER BALDWIN: Is that a commitment? 8 That's pretty close, wasn't it? 9 COMMISSIONER WILLIAMS: That's a response. 10 COMMISSIONER BALDWIN: Sounds like a commitment to 11 me. 12 COMMISSIONER LETZ: Has the City given any 13 indication if they plan to annex this area into the city 14 limits? 15 COMMISSIONER WILLIAMS: I don't know, Jonathan. 16 There's a lot of talk back and forth. The Judge lives down 17 in that area; he may have a better feel for it than I do. 18 Frankly, I would be surprised, but I've been surprised 19 before. 20 COMMISSIONER LETZ: I mean, just one of those -- 21 those things. You know, the reason they didn't -- don't want 22 to annex anything is they don't want to spend the money to 23 put the sewer in, and now they've got the sewer. 24 COMMISSIONER OEHLER: Now they got sewer and water. 25 The water's there by a central water system. I mean, it just 11-10-08 40 1 stands to reason that they would want to take that area, but 2 not having to put -- 3 COMMISSIONER WILLIAMS: I don't think that's city 4 water. 5 COMMISSIONER OEHLER: No, it's not city water, but 6 there is a -- 7 COMMISSIONER LETZ: Distribution system. 8 COMMISSIONER WILLIAMS: Public system. 9 COMMISSIONER OEHLER: Yeah, a public system. 10 COMMISSIONER LETZ: Just tie into it and cut one 11 line and start up another. Anyway, none of our -- it doesn't 12 make that much difference. 13 COMMISSIONER WILLIAMS: Couple other quick caveats 14 about this. First of all, in this Phase IV, we get that 15 mobile home park hooked up that we long had a commitment to 16 hook up, which is good. South Wind, is it? 17 COMMISSIONER BALDWIN: Yeah, I think that is the 18 name of it this week. 19 COMMISSIONER WILLIAMS: And the other thing is that 20 U.G.R.A.'s -- and this is related, so I won't say this with 21 the County Attorney jumping down my throat. U.G.R.A.'s going 22 to have a workshop here this week in which they're going to 23 be talking about future -- their future role in terms of 24 infrastructure and utilities, and I'll certainly be there, 25 because it has -- as you know, they received, as we did, a 11-10-08 41 1 grant from T.W.D.B. for the purpose of planning, and so I 2 think a lot of the -- a lot of what they want to do in the 3 future is going to get shaken out in this workshop. So, 4 we'll participate and listen. I would move approval of the 5 agreement for termination of all existing agreements between 6 Kerr County and U.G.R.A. for the ownership and maintenance 7 and operation of Kerrville South Wastewater System, Phases I, 8 II and III, -- 9 COMMISSIONER BALDWIN: Second. 10 COMMISSIONER WILLIAMS: -- and et cetera, et 11 cetera, et cetera. 12 JUDGE TINLEY: On the agenda item. 13 COMMISSIONER WILLIAMS: Yes, sir. 14 JUDGE TINLEY: Okay. Did I hear a second, 15 Commissioner Baldwin? 16 COMMISSIONER BALDWIN: Yes, sir. 17 JUDGE TINLEY: All right. We have a motion and a 18 second. Any question or discussion on the motion? All in 19 favor of the motion, signify by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: That motion does carry. We'll move 24 to Item 9; consider, discuss, take appropriate action to 25 participate in the Participant Statistical Areas Program, 11-10-08 42 1 PSAP -- I thought that was the Public Safety Answering Point 2 that's used in the 911, but obviously I'm confused by the 3 acronym. 4 COMMISSIONER WILLIAMS: I am too. 5 JUDGE TINLEY: Criteria for 2010 census and beyond, 6 and contract with AACOG to perform this work. Commissioner 7 Williams, again. 8 COMMISSIONER WILLIAMS: I'm like you, Judge. I was 9 a little conflicted by the acronym there, PSAP. I thought it 10 had to do with 911, but apparently the Census Bureau has 11 another name for it as well. I'm not sure where the Court 12 wants to go with this, but I did want to put it on the 13 agenda, because this came out of the rural judges' meeting, 14 which is a part of the AACOG board's monthly deliberations, 15 and this PSAP material which I provided to you for backup is 16 the first -- is the first look at Kerr County in terms of 17 census blocks before we get into the 2010 census. And the 18 whole purpose is, if we wish to do it, AACOG, for all of its 19 member counties, will perform a certain amount of breakout 20 work, if you will. Take the census block numbers and break 21 them down and show subdivisions and all sorts of things that 22 are important to us within the context of -- of a county. 23 Whether we want to do that or not is strictly up to us. I 24 make no recommendation about it. There's a modest fee for 25 doing it, just a -- 45 bucks an hour for the guy's services. 11-10-08 43 1 What we would get out of it would be a better understanding 2 of -- of the various census blocks, how they break into the 3 communities, how they break into the subdivisions, roads, and 4 all sorts of things like that. It's got a -- breakdown work 5 is what it is. Whether or not it really provides for us a 6 leg up on the 2010 census as we take a look at what we have 7 to do then -- and as the Court recalls, in the past we have 8 engaged the services of professionals to help us through the 9 census maze, and we may wish to do that again. So, I wish I 10 could answer more of your questions for it, but that's where 11 it is, and that's what it is. 12 COMMISSIONER BALDWIN: I think you answered mine, 13 whether it will be -- it would enhance -- you know, we went 14 back to our law firm in Austin to assist us again, which I -- 15 I certainly would want to at this point. But will this 16 enhance that program in any way? But also, I heard you say 17 that it just kind of gives us an idea of who's where and 18 what's going on over there. I don't know that that's 19 important information or not. 20 COMMISSIONER WILLIAMS: Well, if you take a look at 21 Option 1 on one of the backup sheets, meeting with County 22 people to determine -- gather information on new housing, 23 water/sewer connections, driveway permits established since 24 April 2000, maps by census track and block, et cetera, et 25 cetera, et cetera, et cetera. So, it won't hurt. Now, -- 11-10-08 44 1 COMMISSIONER BALDWIN: Sure. 2 COMMISSIONER WILLIAMS: -- in terms of our 3 operation, the question is, do we want to do it? It's a $45 4 fee to do so, to have AACOG massage all this stuff and break 5 it down for us. There will be an expenditure of about $675 6 to get the work done. 7 COMMISSIONER BALDWIN: I think the question is, is 8 -- is this kind of information -- would it help those folks 9 that help us? Is that a piece of their -- of their review? 10 COMMISSIONER WILLIAMS: My answer would be a 11 qualified yes. It certainly won't hurt. Anything that we 12 can provide that gives a better understanding of how Kerr 13 County has shaped up over the last ten years is going to be 14 beneficial when we get into redistricting as a result of the 15 census. That's where it comes into play, I think, 16 redistricting and things of that nature. 17 COMMISSIONER LETZ: I think it may be helpful, but 18 my recollection is that the -- when the actual census stuff 19 is so driven by the federal government, you got to have all 20 this stuff, and then whole packet is sent off to be approved 21 by the -- by the powers that bless it in Washington. It's 22 not that much money, but I'm not sure it's that much -- that 23 much of a help. 24 COMMISSIONER BALDWIN: I -- 25 COMMISSIONER LETZ: I just don't know. 11-10-08 45 1 COMMISSIONER BALDWIN: Maybe -- maybe we could ask 2 our little friends that help us, that have helped us. They 3 seem to be friendly, and I think that we could -- I think 4 that we could ask them that question -- 5 COMMISSIONER WILLIAMS: I think we could. 6 COMMISSIONER BALDWIN: -- without, you know, being 7 charged or anything. Just this kind of information, will it 8 help you do the work that we ask you to do? 9 COMMISSIONER WILLIAMS: That's a good suggestion. 10 And we can initiate the phone call; you or I can do that. 11 COMMISSIONER BALDWIN: And then bring this back 12 next time? 13 COMMISSIONER WILLIAMS: Sure. 14 COMMISSIONER OEHLER: I think that's a great idea. 15 'Cause if it doesn't enhance the process -- you know, but if 16 it does, it enables them to even charge us a little less 17 without having to go do that. 18 COMMISSIONER BALDWIN: Absolutely. 19 COMMISSIONER WILLIAMS: Okay, that's a good 20 suggestion. We'll do it. 21 COMMISSIONER LETZ: Now -- and also, when you're 22 doing that, Rex, do we have to go out for proposals? Can we 23 just hire the law firm that we've hired in the past to do 24 this work for that 2010 census? 25 MR. EMERSON: It's a professional service; I think 11-10-08 46 1 it's exempted. And the Court would just need to look at the 2 best services that would be provided for the most 3 economical... 4 COMMISSIONER LETZ: You might, when you -- whoever 5 calls -- 6 COMMISSIONER BALDWIN: He is. 7 COMMISSIONER LETZ: When Bill calls, whoever you 8 talk to, Chuck Kimbrough -- 9 COMMISSIONER WILLIAMS: Kimbrough, I guess, yeah. 10 COMMISSIONER LETZ: -- maybe see if it's time for 11 them to come make a presentation to us about that for the 12 upcoming census. 13 COMMISSIONER WILLIAMS: It's getting -- excuse me. 14 It's getting pretty close to the start. 15 COMMISSIONER LETZ: Give us an idea of fees, too. 16 'Cause, I mean, this is -- 17 COMMISSIONER BALDWIN: I heard the state lawyer, 18 Jim -- 19 COMMISSIONER LETZ: Allison. 20 COMMISSIONER BALDWIN: -- Allison, say here just 21 recently that it is too early to be doing those kind of 22 things. 23 COMMISSIONER LETZ: That's true. I remember that 24 at the conference. 25 COMMISSIONER WILLIAMS: Not too early to make that 11-10-08 47 1 phone call. 2 COMMISSIONER BALDWIN: No, absolutely not. 3 JUDGE TINLEY: Commissioner Williams, I -- in 4 reading the cover communication from AACOG on this thing, it 5 seems like they were putting forth some sense of urgency that 6 they wanted us to make this election as early as possible. I 7 guess what I'm suggesting is, maybe at the break, if you 8 could maybe get ahold of Mr. Kimbrough or someone in that 9 organization, and maybe we can bring it back later today. 10 COMMISSIONER WILLIAMS: Okay. All right, I'll try 11 to do that, Judge. 12 JUDGE TINLEY: I assume that's a real sense of 13 urgency that Ms. Arriaga is putting forth. 14 COMMISSIONER WILLIAMS: They wanted to know how 15 many counties they're going to have to do it for, so they can 16 -- I'll try to do that, Judge. 17 JUDGE TINLEY: Okay. 18 COMMISSIONER OEHLER: I'll say one thing about -- 19 I'm just reading a little bit of what they've proposed here. 20 If there was a way that they could -- that we, as 21 Commissioners, could sit down with them when they're doing 22 some of these things, redrawing lines and making suggestions, 23 maybe we would alleviate some of the problems we've had, 24 especially in Precinct 4, with people -- 25 COMMISSIONER WILLIAMS: Especially with -- 11-10-08 48 1 COMMISSIONER OEHLER: -- where they go vote. We 2 have people living in Mountain Home having to go to Hunt to 3 vote, and it's all because of those census blocks. It was 4 drawn out years ago, and the access points are different 5 today than they were back then. And they're -- you know, the 6 roads they use to go and vote, that tract of land may have 7 been on Highway 27 and Highway 39 at the same time, but now 8 that land's been divided, and the people that live over here 9 still are being forced to go all way over there to vote, 10 those kinds of things. I don't know what we can do to impact 11 that, but it's happened every time we have a census. Every 12 time we do redistricting, it happens, and it's the same 13 pieces of property. 14 COMMISSIONER LETZ: We have the ability, I think, 15 to fix that. 16 COMMISSIONER BALDWIN: Yeah, we do. 17 COMMISSIONER OEHLER: I'd sure like to fix it, 18 because I sure -- 19 COMMISSIONER WILLIAMS: I think we do. I think 20 you're right, Commissioner. 21 COMMISSIONER LETZ: We did a lot of that. 22 COMMISSIONER WILLIAMS: 'Cause they come in, show 23 us the map, and they show us how it breaks out with 24 demographics and so forth and so on, and we have the ability 25 to do a little jiggling here and there, and swapping and so 11-10-08 49 1 forth. 2 COMMISSIONER OEHLER: I thought we did, but somehow 3 that jiggle hasn't happened in the past -- the past long 4 time. And these people are still upset having to go all the 5 way around the world to vote. 6 COMMISSIONER WILLIAMS: I understand. 7 COMMISSIONER BALDWIN: I think the major thing, as 8 long as you don't upset the minority issues -- 9 MR. OEHLER: Right. 10 COMMISSIONER BALDWIN: -- and those kinds of 11 things. Then you have the same thing over on Turtle Creek. 12 MR. OEHLER: Exactly. 13 COMMISSIONER BALDWIN: Those people drive from 14 Upper Turtle Creek all the way around to Ingram, which is the 15 goofiest thing. 16 COMMISSIONER OEHLER: Exactly. That's one of the 17 areas that we had before. 18 COMMISSIONER BALDWIN: Yeah. I thought we fixed 19 that, though. 20 COMMISSIONER OEHLER: Well, you've got that part of 21 it pretty well fixed. 22 COMMISSIONER BALDWIN: Of course I did. Yes, 23 you're right. 24 COMMISSIONER OEHLER: I've give you credit for that 25 one. You did get that one fixed, but I still have some that 11-10-08 50 1 were not fixed during my absence. 2 JUDGE TINLEY: Okay. 3 COMMISSIONER OEHLER: Get tired of listening to it. 4 JUDGE TINLEY: We're going to hold on that one for 5 a bit, come back to it later, maybe. We'll go to Item 10 6 now, a presentation of documents, information, and process 7 relating to the Texas Water Development Board grant of 8 $178,500 for facility planning for Center Point-slash-Eastern 9 Kerr County Wastewater Project. Commissioner Williams? 10 COMMISSIONER WILLIAMS: Thank you, Judge. And it 11 is what it says, a presentation of documents. I'm not asking 12 the Court for any action today. I do want the Court to be 13 aware of what's involved and what the board -- what T.W.D.B. 14 is going to require of us for this particular facilities 15 planning grant. So, if you can sort through all the 16 documents that I gave you, I think what's really -- and go to 17 the one that's entitled EDAP 2 Planning Phase, Facility Plan 18 Scope of Services. You'll see that what we're going to be 19 engaged in now is kind of four phases in the facility plan 20 scope of services, and those four phases are -- and each is 21 done separately with the consulting engineer. And before I 22 get off into that, let me say that I'm awaiting two things 23 from T.W.D.B. I'm awaiting the grant contract, which will 24 come down from Water Development Board for County approval 25 and Judge's signature, and I'm awaiting the revised scope of 11-10-08 51 1 services contract from the engineering firm that will come 2 from Tetra Tech, and then we'll go from there. 3 As you recall, our -- our commitment above the 4 178,5 is for 25 percent over that, which is our in-kind 5 contribution, half of which is in-kind and half of which is 6 in cash, all of which has been proposed for -- through the 7 Auditor's office and finding those dollars, and already 8 encumbered. The facility planning scope of services has four 9 categories. The eligibility assessment, as we take a look at 10 this document, the water service does or does not exist, the 11 same as sewer service, in the EDAP area. We've already done 12 a lot of that, but there will be some more fleshing out of 13 that. Then we get into the Category B, existing facilities 14 and problems, and we identify what, if any, wastewater 15 services there are available, or water services. And as you 16 know, in the area we're talking about, there is no 17 centralized wastewater collection; it's all septic in that 18 area, and so we identify all of that and all of the things 19 that go with it. You'll notice as we're going through this, 20 there are 20-some-odd different things -- 25 different things 21 we have to do. 22 Third category is the alternatives and design 23 analysis. We think we know what we'd like to do with respect 24 to this project in terms of -- of seeing that a collection 25 system is constructed, and that the effluent is transported 11-10-08 52 1 to some other location for wastewater treatment, and that 2 that treatment -- and our preference at this point is that we 3 take that wastewater effluent to the W.C. & I.D. in Comfort. 4 And I see our friend sitting out from there from W.C. & I.D.; 5 I appreciate you being here today. Our position is, that has 6 not changed. And, so, when we move forward with assessing 7 the alternatives and the design analysis, that will be our 8 preferred option, and we would hope that the engineering 9 confirms that and the T.W.D.B. also does that. 10 The last phase is Category D, finalizing the 11 project. Prepare a total budget and define the funding 12 needs. And in each of these cases, if you look through all 13 of these 25 separate items that we have to do in each of the 14 four categories, we do the work, we send it to the Water 15 Development Board for its review, comment. And whatever 16 those comments are, or -- or questions that have to be 17 addressed that may not have been addressed, we have to take 18 care of that, send it for their approval. We cannot move 19 forward to Section 2 or Section 3 or 4 until the previous 20 section has been -- has been taken care of. So, that's going 21 to keep us busy for a while. You'll notice also one of the 22 documents that I've provided to you, it talks about the 23 financial section, and the Water Development Board share is 24 178,5. Our share in cash is 29,750, and the in-kind is 25 29,750 and so forth. And you'll see also that item -- let me 11-10-08 53 1 get here to it -- the four categories broken down in the 2 budget on Page 3 of that particular summary, and that 3 totals -- the 178,5 for EDAP planning, and our contribution 4 and our in-kind, so the total is 238,000 for all the work 5 that's going to be done in this particular phase. I don't -- 6 well, it's time for questions. 7 COMMISSIONER LETZ: Commissioner, when this is 8 completed, this will -- this would give us everything we need 9 to go out and -- we'll know, I guess, what it's going to cost 10 to do it, and then we go looking for the sources of revenue 11 to pay for it and proceed? Is that how it works? I mean -- 12 COMMISSIONER WILLIAMS: Once this phase is 13 completed, then we get into what they call acquisition and 14 design. If there's any -- any easements or property we have 15 to acquire to facilitate -- to cause this to happen, we get 16 into that. Then we get into the design phase. Once we 17 finish with that, then we get into construction phase, so -- 18 the preliminary design and final design. So, this is going 19 to flesh out the project. It's going to flesh out what we 20 want it to be. It's going to confirm what we've already done 21 in terms of -- of the eligibility of the people that it's 22 going to serve being eligible for the EDAP program. It is 23 not this phase that will determine what our -- what the final 24 amount of money that is going to be required, where it comes 25 from. That comes after -- I believe in the next phase, where 11-10-08 54 1 they engage the Texas Department of Health to do a nuisance 2 finding in the area. And if they do a nuisance finding and 3 confirm our -- our convictions about that, then we could be 4 eligible for as much as a 100 percent grant money under the 5 EDAP program. So, a lot of -- a lot of what's listed in this 6 -- all of this stuff today is some things we've already done, 7 but we'll reconfirm them, and then moving forward on the 8 plan. But once we've finished with this phase, we'll know 9 what the system's going to look like. 10 COMMISSIONER LETZ: Is it at this phase that the 11 decision is made as to where the effluent will be treated, or 12 will that be the next phase? 13 COMMISSIONER WILLIAMS: No, it'll be spec'd out 14 here that we anticipate, for example -- or what we've always 15 talked about, transporting it to W.C. & I.D. in Comfort. 16 That'll be a big part of it, and transmission line, the 17 distance and the cost. All that's going to be a part of 18 that. So, if they accept these four elements of this 19 particular planning phase, then they know that's what the 20 system's going to look like. 21 COMMISSIONER LETZ: So, it's during this phase that 22 we will meet with Mr. Marquart -- with his board, and 23 determine at least preliminary -- the preliminary agreement? 24 COMMISSIONER WILLIAMS: I think it's going to be 25 important. It's a good question, Commissioner, and I think 11-10-08 55 1 it's important -- I'm glad Keith's here -- for us during this 2 planning phase. This phase, for us to meet with W.C. & I.D. 3 in Comfort and begin to spec out what we believe would be the 4 framework of an interlocal agreement, so that we know that. 5 There may even be some suggestion come down as we progress 6 through this that we go so far as to consummate an interlocal 7 agreement. And so I think it's important that we start that 8 process during this phase. 9 JUDGE TINLEY: Will one of the considerations on 10 that agreement -- or first off, whether -- whether the 11 preliminary decision is made to go downstream, will one of 12 the considerations be whether or not Kerr County can get 13 credit for the treated effluent that goes back into the 14 river, even though the return is in another county other than 15 Kerr County? 16 COMMISSIONER WILLIAMS: Judge, that's one of the 17 things that has to be addressed. That issue has to be 18 addressed, where the water credit goes, to whom it goes, and 19 in what volume and so forth and so on. And the volume is 20 part of that equation. We have to know what we're talking 21 about in terms of volume being sent down there for treatment 22 and what kind of water we're talking about. That's all part 23 of what has to be addressed in the future. 24 JUDGE TINLEY: That would be one of the issues 25 involved in this whole determination? 11-10-08 56 1 COMMISSIONER WILLIAMS: I believe so, yes, sir. 2 JUDGE TINLEY: Okay. 3 COMMISSIONER WILLIAMS: And, as I mentioned 4 earlier, with respect to the River Authority and its 5 participation, they have a lot of sorting out to do, as we 6 do, in terms of who's going to be in the middle or who's 7 going to be ultimately the -- the agency that we look to for 8 management of it, and operation and maintenance and so forth 9 and so on. In addition to contracts for treatment and so 10 forth. So, a lot of issues to flesh out. Now's the time to 11 do it. Questions? 12 JUDGE TINLEY: Is that it on that item? 13 COMMISSIONER WILLIAMS: I think so. 14 JUDGE TINLEY: Good enough. Okay. At this time, I 15 will recess the Commissioners Court meeting, and I will 16 convene a public hearing concerning the final revision of 17 plat for Lots 46A and 47A of Cypress Springs Estates, Phase 18 I, as set forth in Volume 7, Page 126, Plat Records, and 19 located in Precinct 4. 20 (The regular Commissioners Court meeting was closed at 10:10 a.m., and a public hearing was held in 21 open court, as follows:) 22 P U B L I C H E A R I N G 23 JUDGE TINLEY: Is there any member of the public 24 that wishes to be heard concerning the final revision of plat 25 for Lots 46A and 47A of Cypress Springs Estates, Phase I, as 11-10-08 57 1 set forth in Volume 7, Page 126, Plat Records -- 2 MS. HOFER: Judge Tinley, the wording on there -- 3 actually, I should have put to set a public hearing, because 4 if you go into the actual memo, what we're wanting to do is 5 actually set a public hearing. 6 JUDGE TINLEY: Okay. 7 MS. HOFER: For this. 8 JUDGE TINLEY: Well, let me recover here. Having 9 inappropriately convened a public hearing, I will close the 10 inappropriately convened public hearing, and I will reconvene 11 the Commissioners Court meeting. 12 (The public hearing was concluded at 10:10 a.m., and the regular Commissioners Court meeting was 13 reopened.) 14 - - - - - - - - - - 15 JUDGE TINLEY: And I will turn the item over to 16 Ms. Kelly Hofer. 17 MS. HOFER: Dent and Doris White would like to 18 combine Lot 46A, which is 1.61 acres, and Lot 47A, which is 19 1.77 acres, making the revised Lot 46R-1, 3.38 acres. The 20 lots in Cypress Springs Estates, Phase I, are served by a 21 central water system and individual O.S.S.F. At this time, 22 we ask to set a public hearing for revision of plat for Lots 23 46A and 47A for December 8th, 2008, at 10:15 a.m. 24 COMMISSIONER LETZ: So moved. 25 COMMISSIONER WILLIAMS: Hand's up. 11-10-08 58 1 JUDGE TINLEY: Motion made and seconded -- I'm 2 sorry. 3 MR. EMERSON: I don't think the agenda item allows 4 for y'all to take action to do that. 5 COMMISSIONER BALDWIN: We're just setting a public 6 hearing. Is that what the agenda -- 7 COMMISSIONER LETZ: Didn't say set public hearing. 8 MR. EMERSON: Doesn't say set, consider, take 9 appropriate action, or anything like that. It says it's a 10 public hearing. 11 COMMISSIONER BALDWIN: Well -- 12 JUDGE TINLEY: Thank you, ma'am. Appreciate you 13 being here today. 14 MS. HOFER: Thank you. 15 COMMISSIONER WILLIAMS: See you later. 16 COMMISSIONER BALDWIN: This is the way we learn. 17 COMMISSIONER LETZ: But we like what they want to 18 do. 19 MS. HOFER: I did call ahead of time. Maybe not 20 enough ahead, but -- 21 JUDGE TINLEY: Hopefully, there are not any real 22 pressing issues concerning this consolidation. I can't see 23 that there would be, but everything's going to be good, 24 sounds to me like. 25 MS. HOFER: So, it needs to go on the next agenda? 11-10-08 59 1 JUDGE TINLEY: Resubmit another agenda item to 2 actually -- 3 COMMISSIONER LETZ: Set the -- 4 JUDGE TINLEY: -- authorize the Court to set a 5 public hearing. 6 MS. HOFER: Okay. 7 JUDGE TINLEY: For that particular matter. 8 MS. GRINSTEAD: I don't know time frames, but we 9 have an agenda set for -- 10 COMMISSIONER BALDWIN: Thursday. 11 MS. GRINSTEAD: -- the 13th. If it's a time 12 constraint, do you want it on that one? 13 MS. HOFER: I don't personally have a time 14 constraint. I don't know about Lee. 15 MR. VOELKEL: If we can do it on the 13th, if 16 that's fine, we'll go for that. 17 JUDGE TINLEY: Do an addendum to that -- to do it 18 sometime after -- 19 MS. GRINSTEAD: It's set for 10:30. 20 JUDGE TINLEY: The meeting's set for 10:30? Okay, 21 hit it. Thank you. 22 COMMISSIONER BALDWIN: Lee, of course, that'll be a 23 little extra. 24 MR. VOELKEL: I understand that. (Laughter.) I do 25 understand that. 11-10-08 60 1 JUDGE TINLEY: We'll just add it to his paycheck. 2 COMMISSIONER BALDWIN: Well, that's true. 3 MR. VOELKEL: Or take a little out. 4 COMMISSIONER BALDWIN: Or take some away. 5 COMMISSIONER WILLIAMS: What time are we talking 6 about meeting on the 13th? 7 JUDGE TINLEY: 10:30, I think she said. 8 MR. OEHLER: 10:30 to canvass the election. 9 JUDGE TINLEY: Okay. Let's move on to Item 12; 10 consider, discuss, and take appropriate action to review and 11 acknowledge receipt of annual commissary audit to ensure 12 compliance with Chapter 351.0415 of the Local Government 13 Code. Ms. Hargis? 14 MS. HARGIS: I think all of you have a copy of the 15 audit of the commissary that is required. It's an annual 16 audit. Used to be quarterly, but now it's annual. The -- I 17 think you have all my comments attached. I'm really pleased 18 with the commissary. We did install software this year to 19 enable us to have financials, and I think that's given the 20 Sheriff an opportunity to see how that department actually 21 runs on a monthly basis. So, I'm very pleased with 22 everything going on there this year. It's a very good 23 operation. 24 JUDGE TINLEY: And the requirement that we have 25 today under the Local Government Code is? 11-10-08 61 1 MS. HARGIS: Is to accept it and review it. You do 2 not approve it, so you just acknowledge that it has been 3 presented to you. It's actually presented to the State for 4 approval. 5 COMMISSIONER LETZ: I make a motion that we accept 6 the commissary audit as presented. 7 COMMISSIONER WILLIAMS: Second. 8 JUDGE TINLEY: Motion made and seconded as 9 indicated. Question or discussion on that motion? All in 10 favor 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: The motion does carry. Next item is 15 Number 13; consider, discuss, take appropriate action to 16 approve the contracts with K'Star, Hill Country CASA, Hunt 17 Volunteer Fire Department, Ingram Volunteer Fire Department, 18 Mountain Home Volunteer Fire Department, and Tierra Linda 19 Volunteer Fire Department, and allow the County Judge to sign 20 same. 21 COMMISSIONER WILLIAMS: Are these the -- is this 22 the standard contract we've had in the past? 23 (Mr. Emerson nodded.) 24 COMMISSIONER WILLIAMS: Move approval. 25 COMMISSIONER BALDWIN: Second. 11-10-08 62 1 MR. OEHLER: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval of the agenda item. Question or discussion? 4 COMMISSIONER BALDWIN: Do we want the record to 5 reflect that the County Attorney was shaking his head yes? 6 COMMISSIONER WILLIAMS: He did, indeed. 7 JUDGE TINLEY: Beginning to act like a lawyer. 8 COMMISSIONER BALDWIN: Oh, well, nevermind. Just 9 nevermind. 10 THE REPORTER: I wrote that. 11 COMMISSIONER BALDWIN: Good. 12 JUDGE TINLEY: Any other questions or discussion on 13 the motion? All in favor of the motion, signify by raising 14 your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: That motion does carry. We have an 19 addenda item that was scheduled for 10:15, so we'll go to 20 that item now, being Item 17. Consider, discuss, and take 21 appropriate action to enter into interlocal agreement for the 22 City of Kerrville and/or designate alternate individual -- 23 individuals to approve floodplain permits or other floodplain 24 authorizations in the absence or unavailability of the 25 regularly designated county Floodplain Administrator. As I'm 11-10-08 63 1 sure most of you know, this arose as a result of the 2 necessity for our Floodplain Administrator, Mr. Leonard Odom, 3 because of his health issues, to be unavailable for a short 4 period of time. We've got some items pending over there, I 5 understand, primarily as a result of the draining of Ingram 6 Lake and people wanting, in that particular time frame, to do 7 some things in areas that -- where the floodplain is covered. 8 Is that correct? 9 MR. OEHLER: That is correct. And they have -- I 10 believe some of them have applications submitted, but they're 11 waiting on approval, and they're erosion control permits in 12 the floodplain. And so I don't know who we can get to do 13 this, but we need to find somebody. 14 JUDGE TINLEY: I've got two options for you, I 15 think. I discussed with Mr. Don Davis, the Interim City 16 Manager, and told him of this problem, and he said, you know, 17 he -- he'd be happy to cooperate in any manner possible. 18 It's something that we probably need to have in place, and 19 they maybe need to consider over on their side of the 20 equation, to have someone that they have on their staff that 21 has the certification. That's the important thing, is having 22 that certification from the state as a floodplain 23 administrator. So, we can go that direction. Another 24 option, I was approached by an engineer early last week, very 25 coincidentally, before this problem arose, who lives here in 11-10-08 64 1 Kerrville, a gentleman by the name of Hewitt, Hewitt 2 Engineering, Mr. John Hewitt. His work experience is 3 primarily related to water and wastewater engineering 4 services. But I did note in -- he indicated that if there 5 was any way that we had need for his services, he'd be happy 6 to work with us. I noticed in reviewing his resumé, at the 7 -- immediately listed after his education, were his 8 registrations, one being professional engineer, the other a 9 certified floodplain manager with a Texas certification 10 number. So, looks like we got that option also. What the 11 specifics are on engaging either of these folks, obviously, I 12 don't have, but I think it could be something that would be 13 -- could be worked out pretty easily. 14 COMMISSIONER LETZ: It seems to me that Leonard 15 started doing it before he was certified, as an interim -- I 16 mean, getting his certification. And the reason is, we took 17 this over from U.G.R.A., I believe. 18 COMMISSIONER WILLIAMS: Right. 19 COMMISSIONER LETZ: And when we took it over, we 20 didn't have anyone certified, and he was able to continue -- 21 or to start doing it while he obtained certification. 22 JUDGE TINLEY: Everyone seems to be looking at 23 Kelly for some reason. 24 MS. HOFER: I don't really feel comfortable signing 25 off on -- 11-10-08 65 1 JUDGE TINLEY: Say again? 2 MS. HOFER: I don't feel comfortable signing off on 3 something like that for -- for people. I mean, not at this 4 point. I mean, I -- 5 COMMISSIONER BALDWIN: I don't believe you. 6 MS. HOFER: I've only been in there for nine 7 months. Right now, everything's pretty haywire. Barbara's 8 been off, you know, so I've been trying to run the office all 9 by myself, so it's kind of been a long couple days here. 10 COMMISSIONER LETZ: Yeah. 11 MS. HOFER: And not very happy people calling me, 12 either. So -- 13 COMMISSIONER LETZ: Do you have any indication of 14 the timeliness in which the City staff may be willing to do 15 this? 16 COMMISSIONER OEHLER: I don't. 17 COMMISSIONER LETZ: I guess that's -- 18 JUDGE TINLEY: No. 19 COMMISSIONER LETZ: -- a little bit of a concern as 20 to -- I don't know their process in this. I know that 21 they're -- I guess this comes under their Planning 22 Department, and they're not real timely sometimes. 23 COMMISSIONER WILLIAMS: Who -- well, who's 24 certified on the City staff to do it? 25 MS. HARGIS: I think Mike Wellborn is, but I'm not 11-10-08 66 1 sure. Mike Wellborn. 2 MS. HOFER: And Bobby Gore also. 3 MS. HARGIS: And Bobby Gore. Mike is the engineer 4 that they brought in from Cedar Hill about a year -- a year 5 ago, and I think he had the certification for it there. I'm 6 not sure, but I think he does. 7 MS. HOFER: I think Mike and Bobby Gore both. 8 MS. HARGIS: Yeah, so you have two. 9 JUDGE TINLEY: Both of those folks work for 10 Charlie? 11 MS. HARGIS: Yes, they do work for Charlie, but 12 actually Bobby Gore works for Mike, and then Mike works 13 directly for Charlie. 14 COMMISSIONER LETZ: There's a -- there may be 15 another option, in fact, where he believes probably that 16 Truby is certified. 17 COMMISSIONER BALDWIN: Is she really? 18 JUDGE TINLEY: Oh, really? 19 MS. HYDE: She's on vacation, but she'll be back, 20 and I know that her and Leonard and Kelly work really well 21 together. And I can't imagine Leonard -- his mouth isn't 22 taped shut, so I'm sure he's going to be talking on the phone 23 and stuff. 24 COMMISSIONER LETZ: How long is Truby on vacation? 25 MS. HYDE: I think she's gone to Hawaii for two 11-10-08 67 1 weeks, and this is week one, right? 2 MS. HOFER: This is week two. 3 MS. HYDE: Week two, okay. So -- 4 COMMISSIONER BALDWIN: Well, for something like 5 this, she could get on back here. I mean -- 6 MS. HYDE: Yeah. 7 COMMISSIONER BALDWIN: Where's the commitment in 8 this thing? 9 JUDGE TINLEY: Loyalty. 10 COMMISSIONER BALDWIN: Otherwise, I think we need 11 to contact this other guy and find out where he stands and 12 what it's going to take to get him if we need him. 13 COMMISSIONER WILLIAMS: Be a good backup to have on 14 board. 15 COMMISSIONER BALDWIN: Yeah, absolutely. 16 COMMISSIONER OEHLER: I believe this would be a 17 better option to hire on a temporary basis than it would be 18 trying to work out an agreement with the City at this point. 19 COMMISSIONER BALDWIN: I agree 100 percent. 20 COMMISSIONER WILLIAMS: We're going to have to pay 21 for the services no matter where we go. 22 MR. OEHLER: We're going to have to pay for it one 23 way or the other. 24 COMMISSIONER BALDWIN: Sounds like to me that 25 you're in a hurry. 11-10-08 68 1 MR. OEHLER: Well, they're in a hurry because they 2 don't have a lot of time -- 3 COMMISSIONER BALDWIN: Yeah. 4 COMMISSIONER OEHLER: -- between now and the time 5 it gets plugged back up again. They need to -- you know, we 6 encouraged them to do this long before we drained the lake, 7 but some of them haven't done it. 8 COMMISSIONER LETZ: The other thing we can check on 9 is if Mr. Wells has a certification. There's already a 10 contract with him. 11 COMMISSIONER BALDWIN: Yeah. 12 COMMISSIONER OEHLER: I like that plan. 13 COMMISSIONER BALDWIN: That's a good idea. 14 COMMISSIONER OEHLER: We already know him. We 15 know -- 16 COMMISSIONER LETZ: He may -- I have no idea if he 17 is or isn't. I doubt it. 18 MS. HOFER: I was wondering the same thing. I'm 19 not sure if he is. 20 COMMISSIONER OEHLER: Do you want to take a short 21 break and try to call him and see if he'd be interested in 22 doing that? 23 COMMISSIONER LETZ: We can do that. 24 JUDGE TINLEY: We'll do that shortly. 25 COMMISSIONER OEHLER: Whenever you decide. 11-10-08 69 1 JUDGE TINLEY: We'll come back to that. 2 MS. HOFER: I do have another question, though. As 3 far as, like, the floodplain and that, also, what -- as far 4 as signatures on any kind of plats and things like that, 5 depending on how long he's going to be gone, I don't know 6 what all that entails as far as for his signature. Just 7 something for you to think about. 8 JUDGE TINLEY: Do we have any of those pending at 9 the present time that -- 10 MS. HOFER: Well, we're going to have, you know, 11 the one -- this public hearing, and then we've got another 12 one, the public hearing set for December 8th at 10 o'clock 13 for Comanche Caves, I think it is. And then after that, 14 it'll go to final. 15 JUDGE TINLEY: Does that require floodplain 16 certification? 17 COMMISSIONER OEHLER: Mm-hmm. 18 MS. HOFER: I think so. 19 COMMISSIONER LETZ: All the plats do. 20 JUDGE TINLEY: Okay. So, you've got Leonard's 21 signature for the floodplain, and you also have them for the 22 subdivision rules and regs, or whatever, administrator. So, 23 two different signature blocks on those. 24 COMMISSIONER OEHLER: I believe we ought to -- 25 COMMISSIONER LETZ: And Wayne, I think, would be 11-10-08 70 1 the logical one for the subdivision side. 2 MR. OEHLER: Nothing makes any better sense than 3 this, in my opinion, 'cause he's already aware. He reviews 4 them. 5 COMMISSIONER LETZ: Knows us, knows our system. 6 COMMISSIONER OEHLER: Yeah. 7 COMMISSIONER LETZ: Knows our -- 8 COMMISSIONER OEHLER: He's already basically on -- 9 COMMISSIONER LETZ: He's a contract staff. 10 COMMISSIONER OEHLER: -- on contract. I knew if we 11 talked about this, we'd come up with an idea. 12 COMMISSIONER WILLIAMS: That would be a better 13 solution. 14 JUDGE TINLEY: Want to give Wayne a call? 15 MS. HOFER: Yeah, and ask him as far as if he would 16 like to -- 17 JUDGE TINLEY: If he has a certification. 18 MS. HOFER: Okay. And see if -- 19 JUDGE TINLEY: That's the first criteria. Does he 20 have that certification? And if he does, he's probably -- 21 that's primary option, option one. Second option would be -- 22 COMMISSIONER OEHLER: Mm-hmm, I agree with that. 23 JUDGE TINLEY: -- Hewitt Engineering? 24 COMMISSIONER OEHLER: And then for the future, we 25 might consider something else. But I believe those are the 11-10-08 71 1 best two options for that. 2 JUDGE TINLEY: Okay. Well, we'll maybe work on 3 that at the break. Okay, let's move on. We don't have any 4 -- have any more on this item? 5 COMMISSIONER BALDWIN: No. 6 JUDGE TINLEY: We'll move to Item 14; consider, 7 discuss, take appropriate action to appoint a safety 8 committee. We had -- we've got a safety committee in place, 9 but we've got a few vacancies, and so we're proposing to 10 reconstitute that safety committee as -- as proposed. 11 COMMISSIONER BALDWIN: Proposed or suggested 12 members of the new safety committee. That looks like a good 13 group to me. 14 COMMISSIONER WILLIAMS: Yeah. 15 COMMISSIONER BALDWIN: Goll dang, that's exciting. 16 This is existing stuff. 17 JUDGE TINLEY: That was a motion, Commissioner? 18 COMMISSIONER BALDWIN: It absolutely is. If you 19 would give me the opportunity to do that, I would -- it would 20 be a great honor. 21 JUDGE TINLEY: You just had it. 22 COMMISSIONER LETZ: Second. 23 JUDGE TINLEY: I have a motion and a second to 24 appoint the safety committee as per the proposed or suggested 25 members in the backup. Question or discussion? 11-10-08 72 1 COMMISSIONER BALDWIN: Just -- the only problem 2 with it, there's two of them from the Sheriff's Office on 3 here. I guess we can live with that, though. 4 JUDGE TINLEY: One of them's a woman, and that will 5 control the situation. 6 MR. BOLLIER: Can you tell us who's on it? 7 COMMISSIONER BALDWIN: No. 8 COMMISSIONER WILLIAMS: No, it's a secret. 9 COMMISSIONER OEHLER: Your name's on it. 10 JUDGE TINLEY: I'm on it. The Sheriff's -- Sheriff 11 is on it, Leonard Odom's on it, nancy Robison's on it, Kevin 12 Stanton's on it, Eva Hyde's on it, Cindi Scherwitz is on it, 13 and you're on it, Tim Bollier. 14 MR. BOLLIER: Fine with me. 15 COMMISSIONER WILLIAMS: You're probably going to be 16 the chairman. 17 MR. BOLLIER: That's fine with me. They need a 18 good one. (Laughter.) 19 SHERIFF HIERHOLZER: You do have a misspelling, 20 Nancy Robison. It's not Robinson, it's Robison, 21 R-o-b-i-s-o-n. 22 COMMISSIONER BALDWIN: That's the way it's spelled. 23 JUDGE TINLEY: Yeah. 24 COMMISSIONER BALDWIN: That's the way it's spelled. 25 JUDGE TINLEY: There's no "n" in there. 11-10-08 73 1 SHERIFF HIERHOLZER: Okay. 2 JUDGE TINLEY: Except at the end. 3 COMMISSIONER LETZ: Get your glasses fixed. 4 SHERIFF HIERHOLZER: Probably need better ones. 5 COMMISSIONER BALDWIN: Can I second that? 6 JUDGE TINLEY: No, it's already done. Already been 7 seconded over here. 8 COMMISSIONER BALDWIN: Dadgumit. I'm so happy 9 about this thing, I just wanted to kind of do it all. 10 JUDGE TINLEY: Any other question or discussion on 11 that motion? All in favor of the motion, signify by raising 12 your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: That motion does carry. As to the 17 11:30 item, it's my understanding -- that being consider, 18 discuss, and take appropriate action on appropriate site plan 19 for the Hill Country Youth Exhibit Center and surrounding 20 property, it's my understanding that that is going to be 21 passed for now and be brought back, because there's some 22 components of it that the architect was still working on, and 23 he wants to bring us up a whole picture instead of two-thirds 24 of a picture. 25 COMMISSIONER LETZ: He's -- the drawings are all 11-10-08 74 1 done. He was willing to come today, but he doesn't have the 2 cost information -- or he's getting it today, and didn't want 3 to present that without having time to review it. But we can 4 just pass it. 5 MR. OEHLER: Okay. 6 JUDGE TINLEY: Okay. Why don't we take about a 7 15-, 20-minute recess here, and we have time to make a couple 8 of phone calls. 9 (Recess taken from 10:28 a.m. to 11:02 a.m.) 10 - - - - - - - - - - 11 JUDGE TINLEY: Okay, let's come back to order, if 12 we might. We were in recess, and we've got a couple of items 13 that were left open, and I'd like to go back to. The first 14 is Item 9, to consider, discuss, take appropriate action to 15 participate in the Participant Statistical Areas Program 16 criteria for the 2010 census and beyond, and contract with 17 AACOG to perform that work. Commissioner Williams? 18 COMMISSIONER WILLIAMS: Thank you, Judge. During 19 our break, I did get in touch with the Bickerstaff Heath 20 firm. I wanted to speak with Jay Kimbrough, who had worked 21 with us in the past, but Jay was out of pocket, so I talked 22 to another attorney there who deals in census-related 23 matters, and the bottom line is, he believes that the dollars 24 would be well invested. We can learn some things that we 25 might not otherwise learn. It is particularly important in 11-10-08 75 1 your precinct, Commissioner, for -- because of your vast 2 geographical area and so forth. So, for $675, he says it's 3 money well invested. 4 COMMISSIONER BALDWIN: Second. 5 COMMISSIONER WILLIAMS: That would be a motion. 6 JUDGE TINLEY: And a second. We're looking at 7 Option 1, then? 8 COMMISSIONER WILLIAMS: Yes, sir, we'll be looking 9 at Option 1. 10 JUDGE TINLEY: All right. Motion made and seconded 11 for approval of Option 1. Question or discussion on the 12 motion? 13 COMMISSIONER LETZ: The dollars to come out of 14 Professional Services? Or -- 15 COMMISSIONER WILLIAMS: Yes, I would think that's a 16 proper -- appropriate place for it to come. 17 COMMISSIONER LETZ: Okay. 18 JUDGE TINLEY: Further question or discussion? All 19 in favor of the motion, signify by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Motion carries. 24 COMMISSIONER WILLIAMS: And I'll notify them today 25 so that they know we're on board. 11-10-08 76 1 JUDGE TINLEY: Okay. Let's go back to Item 17; 2 consider, discuss, and take appropriate action to enter into 3 interlocal agreement with the City of Kerrville and/or 4 designate alternate individuals to approve floodplain permits 5 or other floodplain authorizations in the absence of or other 6 unavailability of the regularly designated county Floodplain 7 Administrator. We temporarily passed that item to try and 8 get a better handle on the specifics of options which are 9 available. It's my understanding that -- that Kelly Hofer 10 checked with Wayne Wells, who does contract engineering for 11 the County, and determined that he does not have floodplain 12 certification, so that option is not available to us. I 13 checked with Mr. John Hewitt with Hewitt Engineering, and he 14 said he would be available on a per-case basis on an hourly 15 basis, as all cases are different, at the rate of $110 an 16 hour. It's my understanding that he has worked on some 17 things with Leonard in the past, and so they're acquainted 18 from that standpoint. 19 COMMISSIONER LETZ: Get them all in one group so he 20 can do them all at one time. 21 COMMISSIONER OEHLER: Yeah, do them all; come down 22 for a group signing. 23 MS. HARGIS: I've never seen an engineer do that. 24 JUDGE TINLEY: We -- you know, I think we 25 necessarily must do something, even if we don't have the 11-10-08 77 1 ability to recoup that cost, because our subdivision rules 2 and our floodplain rules are designated, and they are what 3 they are, and people pay the fees that are designated. And 4 if it costs us more than that to do it, well, so be it. It's 5 our obligation. 6 COMMISSIONER BALDWIN: I agree. 7 MR. OEHLER: What is the man's name? 8 JUDGE TINLEY: John Hewitt, Hewitt Engineering. 9 He's local here in Kerrville. 10 COMMISSIONER BALDWIN: What -- is somebody going to 11 talk to him about the possibility of doing a lot of things at 12 one time? I thought I heard a comment from the audience that 13 said something like, well, you know, engineers don't work 14 like that, or something like that, but if he wants to work 15 for the County, he might. 16 COMMISSIONER OEHLER: Well, especially one -- this 17 one issue. Now, on subdivision plats and that sort of thing, 18 you can't do that, but -- 19 COMMISSIONER BALDWIN: Yeah. 20 COMMISSIONER OEHLER: -- on this one issue where 21 we're talking about doing some erosion control on Ingram 22 Lake, you know, you can get a bunch of those property owners 23 to come with all their paperwork and -- 24 COMMISSIONER BALDWIN: And they've all made 25 application? 11-10-08 78 1 COMMISSIONER OEHLER: Not all, but some have, and 2 there's still some that are going to. But, I mean, we can do 3 it -- try to make arrangements to get as many of them as 4 possible together at one time. 5 COMMISSIONER LETZ: One issue. 6 JUDGE TINLEY: One right after the other. 7 COMMISSIONER OEHLER: Right. 8 COMMISSIONER BALDWIN: That'd be great. That would 9 be great. 10 JUDGE TINLEY: That would be a logistical thing. 11 Of course, I'm sure Kelly would do what she could do to 12 facilitate that, depending on what she had to work with. 13 But -- 14 MS. HOFER: I think I've got three right now. I 15 think there's three. 16 MR. OEHLER: Three? Okay. 17 JUDGE TINLEY: That are ready to go? 18 COMMISSIONER OEHLER: I know another one that was 19 going to come this morning, but I told him he ought to hold 20 off till we figure out what we're going to do. 21 COMMISSIONER LETZ: I'll make a notion that we 22 authorize Road and Bridge Department to contract with the 23 services of John Hewitt for floodplain permit certification, 24 and to -- 25 COMMISSIONER OEHLER: Do plats. 11-10-08 79 1 COMMISSIONER LETZ: And review plats. And -- no, I 2 think Wayne can do the plats. 3 COMMISSIONER OEHLER: Not on floodplain. 4 COMMISSIONER LETZ: Yeah. Yeah, that's true. Any 5 floodplain certification work, and that we -- 6 JUDGE TINLEY: Where are we going to pay him from? 7 COMMISSIONER LETZ: Road and Bridge, I'm sure, has 8 some item they can pay him under. You know, some contract 9 fees. 10 COMMISSIONER OEHLER: If they get in trouble, we'll 11 have to find the money elsewhere. Temporary basis. 12 COMMISSIONER LETZ: But what I'm thinking is we 13 need to get an agreement with him as well about this, and we 14 need to have that agreement brought back at our next court. 15 Interim, authorized to use him at $110 an hour. 16 MR. OEHLER: And that that work begin immediately. 17 COMMISSIONER LETZ: Right, correct. 18 MR. OEHLER: As of today. I'll second your motion. 19 COMMISSIONER LETZ: Can you do that? 20 JUDGE TINLEY: Motion made and seconded. Question 21 or discussion? 22 MR. EMERSON: Begin work immediately, or begin work 23 immediately after contract? 24 COMMISSIONER WILLIAMS: After contract. 25 COMMISSIONER LETZ: Well, we -- we have a -- how 11-10-08 80 1 soon can you put something together for a contract like this? 2 COMMISSIONER WILLIAMS: One page. 3 MR. EMERSON: Most engineers usually have a 4 standard contract, and then we can tweak that faster than I 5 can go from scratch. 6 COMMISSIONER LETZ: Okay. 7 JUDGE TINLEY: Motion includes direction to the 8 County Attorney to, as soon as possible, approve contract for 9 my execution for that purpose? 10 COMMISSIONER LETZ: Yes. 11 MR. OEHLER: Yes. 12 JUDGE TINLEY: Okay. Further question or 13 discussion on that motion? All in favor of the motion, 14 signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: That motion does carry. Looks like 19 we're to Item 4 now -- or Section 4. Is that correct, 20 gentlemen? We'll come back to executive session -- 21 COMMISSIONER LETZ: Afterwards. 22 JUDGE TINLEY: -- at the tail end. So, we are at 23 Section 4, payment of the bills. 24 COMMISSIONER LETZ: I'll move we pay the bills. 25 COMMISSIONER WILLIAMS: Second. 11-10-08 81 1 JUDGE TINLEY: Motion made and seconded to pay the 2 bills. Question or discussion on that motion? All in favor 3 of the motion, signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: That motion does carry. Do we have 8 any budget amendments? 9 MS. HARGIS: No, sir. 10 JUDGE TINLEY: Do we have any late bills? 11 MS. HARGIS: No, sir. 12 JUDGE TINLEY: I've been presented with monthly 13 reports from Constable, Precinct 4; Constable, Precinct 1; 14 the County Clerk; Justice of the Peace, Precinct 3; and 15 Justice of the Peace, Precinct 2. Do I hear a motion that 16 those reports be approved as presented? 17 COMMISSIONER LETZ: So moved. 18 MR. OEHLER: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval of the designated reports as presented. Any 21 question or discussion on the motion? All in favor of the 22 motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 11-10-08 82 1 JUDGE TINLEY: That motion does carry. Any reports 2 from any of the Commissioners in their liaison or committee 3 assignments? Commissioner 1? 4 COMMISSIONER BALDWIN: No. 5 JUDGE TINLEY: Two? 6 COMMISSIONER WILLIAMS: Done all I can do, Judge. 7 JUDGE TINLEY: Three? 8 COMMISSIONER LETZ: This is not a liaison thing, 9 but I would -- if the Court would like, I'll be glad to try 10 to work with Kelly as much as possible on subdivision rules 11 if she has any questions in the interim. We won't have to 12 use Wayne Wells all the time. If you have any questions, 13 just give me a call; I'll be glad to go out and kind of help 14 with that. 15 JUDGE TINLEY: Okay. Appreciate that. Anything 16 else? 17 COMMISSIONER LETZ: No. 18 JUDGE TINLEY: Four? 19 MR. OEHLER: No. 20 JUDGE TINLEY: Any reports from elected officials 21 or department heads? The Sheriff. 22 SHERIFF HIERHOLZER: The 12th, Wednesday, is our 23 state jail inspection all day. They changed it. Originally, 24 it was the 16th; they changed it to the 12th. So, any of 25 y'all are invited to come out the whole day they'll be there. 11-10-08 83 1 COMMISSIONER BALDWIN: Let's talk about the 2 important part. Is lunch provided, or what? 3 SHERIFF HIERHOLZER: No. 4 COMMISSIONER BALDWIN: I'm out. 5 JUDGE TINLEY: It was the 16th? 6 SHERIFF HIERHOLZER: I think so, originally. 7 They've changed it to the 12th. 8 JUDGE TINLEY: That was a Sunday. 9 SHERIFF HIERHOLZER: Well, maybe it was the 17th or 10 something. I don't recall now, since it got changed to the 11 12th. 12 COMMISSIONER BALDWIN: Who's your new inspector? 13 SHERIFF HIERHOLZER: It's a female. Be the first 14 time, so I don't know. 15 COMMISSIONER BALDWIN: Really? 16 SHERIFF HIERHOLZER: I heard she's pretty strict. 17 She'll even be over here inspecting the holding cells here at 18 the courthouse, which I hope they pass. 19 JUDGE TINLEY: Yeah, I showed it for the 17th. 20 What time does it start, Rusty? 21 SHERIFF HIERHOLZER: Normally, they get there 22 around 9 o'clock. 8:30, 9 o'clock in the morning. I can 23 give you a call as soon as she gets there. 24 JUDGE TINLEY: I am due to be going for an Alamo 25 Community College District meeting; be gone virtually all 11-10-08 84 1 day. I may be back the latter part of the afternoon. 2 COMMISSIONER LETZ: Do you want someone there? 3 SHERIFF HIERHOLZER: They normally request that 4 somebody with Commissioners Court or the Judge be present, or 5 at least available at the end so they can sit down and 6 discuss the results of the inspection with them before they 7 leave and go back to Austin. 8 COMMISSIONER OEHLER: Didn't -- Buster, you're 9 liaison? 10 COMMISSIONER LETZ: No. 11 COMMISSIONER OEHLER: Oh, you are? 12 COMMISSIONER LETZ: What's the date? 13 SHERIFF HIERHOLZER: 12th, Wednesday. 14 COMMISSIONER OEHLER: That would be Thursday -- be 15 Wednesday or Thursday. 16 SHERIFF HIERHOLZER: 11th is Tuesday. Yeah, 17 Wednesday. 18 COMMISSIONER LETZ: I have a meeting, but I'll make 19 arrangements to be there some. 20 SHERIFF HIERHOLZER: If you want to come out and 21 see, 'cause they do the smoke alarm test, everything, if 22 anybody wants to see at all. 23 JUDGE TINLEY: I've done it the last several years. 24 SHERIFF HIERHOLZER: Yeah. 25 JUDGE TINLEY: Tried to be present for at least a 11-10-08 85 1 significant portion of that inspection, and I can tell you, 2 they -- they seem to really appreciate the interest -- 3 COMMISSIONER LETZ: Okay. 4 JUDGE TINLEY: -- and participation of 5 commissioners courts. 6 SHERIFF HIERHOLZER: They do. 7 COMMISSIONER WILLIAMS: I did it once, and I -- 8 you're right, they do. 9 JUDGE TINLEY: Okay. Rex, you had something? 10 MR. EMERSON: Just a quick comment. Y'all were 11 talking about the 2010 census earlier. And if we go over 12 50,000, as you're aware, a number of statutory changes come 13 into play, and we're starting now trying to compile a list of 14 all the statutory changes that will hit us. If you have any 15 connections to get that list, we would appreciate it. 16 Otherwise, we'll be making phone calls, doing searches. 17 JUDGE TINLEY: Does TAC legal -- would they have 18 some sort of database that would -- that would break all that 19 down? 20 MR. EMERSON: I know we've put in a call to them. 21 I don't know that we have an answer back. 22 JUDGE TINLEY: Okay. 23 COMMISSIONER OEHLER: Jim Allison could sure do it. 24 COMMISSIONER WILLIAMS: Well, Bickerstaff Heath 25 would too. 11-10-08 86 1 COMMISSIONER BALDWIN: Mm-hmm. 2 COMMISSIONER OEHLER: Bickerstaff charges for it, 3 though. 4 COMMISSIONER LETZ: Yeah, that's right. 5 COMMISSIONER WILLIAMS: At this point they might 6 not, in anticipation of being able to do so later. 7 SHERIFF HIERHOLZER: Yeah. 8 JUDGE TINLEY: I would think TAC would have that 9 broken down into -- into categories, it would seem, but I 10 guess we'll find out, won't we? Okay. Anything else from 11 elected officials or department heads? Whoopie. At this 12 point, we will go out of public or open session at 11:15 to 13 go into executive or closed session to consider matters as 14 listed on the agenda for executive session purposes. 15 (The open session was closed at 11:15 a.m., and an executive session was held, the transcript of which 16 is contained in a separate document.) 17 - - - - - - - - - - 18 JUDGE TINLEY: Okay, we're in back open or public 19 session. It is 11:30. Any member of the Court have anything 20 to offer in connection with any of the matters considered in 21 executive session? 22 COMMISSIONER LETZ: I'll make a motion that we 23 authorize Beck Gipson to prepare an appraisal of a -- how 24 specific do I have to get? 25 COMMISSIONER WILLIAMS: For the discussed property. 11-10-08 87 1 COMMISSIONER LETZ: Of property -- of discussed 2 property. 3 COMMISSIONER WILLIAMS: Second. 4 COMMISSIONER LETZ: And Commissioner Letz will 5 coordinate that with Mr. Gipson. 6 COMMISSIONER WILLIAMS: Second. 7 JUDGE TINLEY: Motion made and seconded as 8 indicated. Question or discussion on the motion? All in 9 favor of the 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: The motion does carry. Anything 14 further, gentlemen? Any reason to come back this afternoon? 15 COMMISSIONER WILLIAMS: Airport Board meeting. 16 JUDGE TINLEY: We'll be adjourned. 17 (Commissioners Court adjourned at 11:31 a.m.) 18 - - - - - - - - - - 19 20 21 22 23 24 25 11-10-08 88 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 November, 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 11-10-08