1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, June 8, 2009 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 June 8, 2009 2 PAGE --- Commissioners' Comments 5 3 1.1 Consider/discuss, take appropriate action on 4 request from Marvin Willis for use of Flat Rock Lake on August 22, 2009, for 7th Annual Guadalupe 5 River Parade 9 6 1.2 Presentation of TAC Safety Award to Kerr County -- 7 1.3 Consider/discuss, take appropriate action to provide funding for Kerr County's portion of 8 Phase 2 match of airport project in the amount of $75,000 11 9 1.4 Consider/discuss, take appropriate action on 10 plans enlarging the Kerr County War Memorial 17 11 1.5 Consider/discuss, take appropriate action on resolution concerning LCRA proposed transmission 12 line 21 13 1.6 Consider/discuss, take appropriate action to review and accept concept plan for Uvalde Gin 14 Tract off Goat Creek Cutoff Road, Pct. 4 28 15 1.7 Consider/discuss, take appropriate action to accept maintenance bond for Mo Ranch Road for 16 one year, Pct. 4 44 17 1.8 Consider/discuss, take appropriate action to set public hearing for revision of plat for 18 Headwaters Phase 3, Pct. 4 45 19 1.9 Consider/discuss, take appropriate action to remove cattle guards on Wilson Creek Road, 20 Pct. 2 and Pct. 3 46 21 1.10 Consider/discuss, take appropriate action to approve audit of basic financial statements 22 and supplementary information for year ended September 30, 2008 51 23 1.11 Consider/discuss, take appropriate action on 24 agreement between Kerrville Independent School District and Kerr County Juvenile Facility to 25 provide educational services to juveniles housed at that facility 65 3 1 I N D E X (Continued) June 8, 2009 2 PAGE 1.12 Consider/discuss, take appropriate action to 3 adopt an order, based on burn ban status, prohibiting the sale or use of restricted 4 fireworks; i.e., skyrockets with sticks and missiles with fins, in any portion of the 5 unincorporated area of Kerr County 67 6 1.13 Consider/discuss, take appropriate action on reviewing status of interlocal agreement with 7 City of Kerrville concerning subdivision rules and regulations in the ETJ 70 8 9 4.1 Pay Bills 74 4.2 Budget Amendments -- 10 4.3 Late Bills 80 4.4 Approve and Accept Monthly Reports 82 11 5.1 Reports from Commissioners/Liaison Committee 12 Assignments 87 5.2 Reports from Elected Officials/Department Heads 89 13 1.14 Consider/discuss, take appropriate action 14 regarding personnel issue (executive session) 92 15 --- Adjourned 93 16 17 18 19 20 21 22 23 24 25 4 1 On Monday, June 8, 2009, 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, June 8, 2009, at 9 a.m. It is that 11 time now. Commissioner Baldwin? 12 COMMISSIONER BALDWIN: Yes, sir. Would you stand, 13 have a word of prayer with me, and followed by the pledge of 14 allegiance. 15 (Prayer and pledge of allegiance.) 16 JUDGE TINLEY: Thank you. Be seated, please. At 17 this time, if there's any member of the public that has any 18 matter they wish to bring to the Court's attention that is 19 not a listed agenda item, now is your opportunity to tell us 20 what -- what's on your mind. If you wish to be heard on an 21 agenda item, we'd ask that you fill out a participation form 22 located at the rear of the room. There should be some there. 23 If not, or if we happen to get to an agenda item and you 24 haven't filled out a participation form and decide you do 25 want to be heard, get my attention in some manner and I'll 6-8-09 5 1 see that you do have that opportunity. But right now, if 2 there's any member of the public that wishes to be heard on 3 any matter that is not a listed agenda item, this is your 4 opportunity to come forward and tell us what's on your mind. 5 MR. EMERSON: Judge, I'd like to take a moment, 6 please. This is Denise Kadirhan; she's an intern in our 7 office, where we partnered up with Schreiner University again 8 working with Christine Martinez out there, and I believe 9 she's a junior at Schreiner, and she'll be helping us out 10 until the end of summer. So, just wanted to introduce her to 11 the Court. 12 JUDGE TINLEY: Thank you. Welcome aboard. 13 COMMISSIONER LETZ: Welcome. 14 MS. KADIRHAN: Thank you. 15 JUDGE TINLEY: Anything else? Let's move on, then. 16 Commissioner Baldwin, what do you have for us this morning? 17 COMMISSIONER BALDWIN: I wanted to bring up a 18 couple of things. I have recently received two phone calls, 19 e-mails regarding Flat Rock Lake. 20 COMMISSIONER WILLIAMS: Listening. 21 COMMISSIONER BALDWIN: One that we have locked the 22 old park to -- to automobile traffic, and a gentleman wants 23 to go, and his wife can't walk very far, so he wants to be 24 able to drive in there. And I was -- was making a speech at 25 the Inn of the Hills the other day, and that question came 6-8-09 6 1 up, and I really don't know why we have it locked, and so 2 somebody needs to explain that. And then I get an e-mail 3 this morning, basically the same kind of thing, only on the 4 lower end. We have a bridge there, and isn't that open -- 5 COMMISSIONER WILLIAMS: Mm-hmm. 6 COMMISSIONER BALDWIN: -- to the public? And so 7 that's going to be easily answered. It is open, okay. Very 8 good. 9 COMMISSIONER WILLIAMS: That was an affirmative 10 nod, since I can't speak. 11 COMMISSIONER BALDWIN: Well, okay. I can read it. 12 Thank you very much. Also, this Thursday on the front lawn 13 of the courthouse is dinner on the grounds, our second dinner 14 on the grounds this Thursday, the 11th, from 12:00 to 1:00. 15 And there is going to be a country and western band out 16 there. It's my two favorite kinds of music, country and 17 western, and we're going to be out there. Clay Barton -- our 18 own Clay Barton is going to front the band, do all that old 19 Merle Haggard stuff that he does so well. And the 20 three-piece band that will be behind him, one of them is a 21 member of the Grand Old Opry, and the other two should be. 22 Excellent, excellent musicians, and it's going to be -- it's 23 going to be exceptional. So, this Thursday, dinner on the 24 grounds, and bring your picnic lunch and your drink and -- 25 and enjoy your courthouse and visiting with friends. That's 6-8-09 7 1 all, Judge. Thank you. 2 JUDGE TINLEY: Thank you. Commissioner Williams? 3 COMMISSIONER WILLIAMS: I noted with interest, 4 Commissioner, that George Strait just visited Jerry Jones' 5 new billion dollar stadium in Arlington or wherever it is 6 located. When's he going to visit Buster Baldwin's new lawn 7 down here in Kerr County? 8 COMMISSIONER BALDWIN: He's going to have to get 9 better than he is. These guys are good. 10 COMMISSIONER WILLIAMS: Okay. I was with the AACOG 11 people, and we went to Colorado for a National Association of 12 Regional Councils meeting and stayed there three days. Came 13 back a day early, 'cause I've never been to a meeting so 14 green in my life. You talk about things that are in the 15 future that are emanating out of Washington. There's a lot 16 of that greenhouse gas stuff going on, and a lot of folks are 17 gearing up to catalog it and do something about it. So, this 18 came out of, however, one of the more interesting sessions 19 which was conducted by national census -- United States 20 Census people, just a little toy you can play with. You can 21 find out the population of every state in the United States, 22 median age, home values, gross rent values, income, how many 23 below-poverty, whole bit. You can do the whole thing. All 24 50 states are on there, so you -- in your spare time, when 25 you have nothing else to do, you can play with that little 6-8-09 8 1 wheel and you can learn something. The other thing, Judge, 2 is that we've been discussing for some time, both 3 face-to-face and through chains of communications with the 4 owner of Oak Grove Mobile Home Park with respect to easements 5 we need for completion of Phase IV of the Kerrville South 6 wastewater project. We had a meeting this week. The County 7 Attorney assigned Ilse Bailey to assist me in that meeting. 8 It was at the owner's legal -- his lawyer's office, and we 9 discussed all the various options. Haven't got a resolution, 10 but the meeting took place, and that -- that, in and of 11 itself, is positive. So, when I get some word back as to 12 their official position, I'll have it on the agenda for a 13 more in-depth discussion. 14 JUDGE TINLEY: Anything else? 15 COMMISSIONER WILLIAMS: No, sir. 16 JUDGE TINLEY: Thank you. Commissioner Letz? 17 COMMISSIONER LETZ: I don't think I have anything 18 this morning, other than we had a total of about -- little 19 bit of rain, but we need a lot more. We had about two and a 20 half inches, more or less, in the -- since the last meeting 21 in the eastern part of the county, but it came in small 22 little spurts, which was good, but it also meant that a lot 23 of it didn't get underneath the cedar trees. They pretty 24 much absorbed a good part of it. That's it. 25 JUDGE TINLEY: Commissioner Oehler? 6-8-09 9 1 COMMISSIONER OEHLER: Well, the main report out in 2 my area is not quite as good this time as it was in yours. 3 Last time I got more; this time you were more fortunate. It 4 was requested by two of the out west fire departments to put 5 the burn ban back on, so I did that this morning. It is 6 green, but it's drying out. Going to be in the 90's this 7 week, and the wind is kicking up and the grass is drying, so 8 I went ahead and did it at their request. So, I guess I'll 9 be getting phone calls, 'cause when you got green grass, 10 people want to burn. 11 JUDGE TINLEY: Anything else? 12 COMMISSIONER OEHLER: That's -- that's enough. 13 JUDGE TINLEY: All-righty. Let's get on with the 14 business at hand. First item on our agenda is to consider, 15 discuss, and take appropriate action on a request from Marvin 16 Willis for use of Flat Rock Lake on August 22nd, 2009, for 17 the 7th annual Guadalupe River Parade. Mr. Willis? 18 MR. WILLIS: Yes, sir. That's exactly what it says 19 there. I'd like to have the park again on the 22nd of August 20 for the river parade. And, of course, we'd like to have you 21 guys all attend again and enjoy yourselves. I think it's 22 going to be bigger this year than last year. You saw how big 23 it was last year. So, sure like to get you guys involved 24 also, if there was anything that the County wanted to do at 25 that parade, you know, other than just riding on the float. 6-8-09 10 1 COMMISSIONER WILLIAMS: Going to get the Judge on 2 the float. 3 MR. WILLIS: Drinking free beer, you know. So, you 4 know, it's going to be a great parade, you know, like I said. 5 So, you know, we'd like to get you guys all to come, if we 6 can have it, of course. 7 COMMISSIONER WILLIAMS: Only caveat, Marvin, would 8 be to be sure that your people clean up. 9 MR. WILLIS: Oh, absolutely. 10 COMMISSIONER WILLIAMS: When they finish whatever 11 it is they're doing. 12 MR. WILLIS: You bet. 13 COMMISSIONER WILLIAMS: I would move approval of 14 your request. 15 COMMISSIONER OEHLER: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval of the agenda item. Question or discussion on the 18 motion? 19 COMMISSIONER BALDWIN: I just wanted to say that if 20 I gain three more pounds, I'll be a float. (Laughter.) 21 COMMISSIONER WILLIAMS: Can I ride on you? 22 COMMISSIONER BALDWIN: Absolutely. 23 MR. WILLIS: We had a bathtub last year, so it 24 wouldn't be much different than that. 25 JUDGE TINLEY: Does seem to be getting a little bit 6-8-09 11 1 larger every year. And you guys, as part of that whole event 2 preceding the parade and so forth, do a big cleanup campaign, 3 get a lot of folks involved and call attention to the need to 4 keep our river clean and keep the debris out of it, and I 5 think -- I think it's a good effort on your part, and we 6 appreciate it, Marvin. 7 MR. WILLIS: Thank you, sir. 8 JUDGE TINLEY: Any other question or discussion on 9 the motion? All in favor of the motion, signify by raising 10 your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: The motion does carry. Thank you. 15 I don't see Mr. Boccaccio here, so we will pass the second 16 item. Let's go to Item 3; consider, discuss, and take 17 appropriate action to provide funding for Kerr County's 18 portion of the Phase 2 match of the airport project in the 19 amount of $75,000. I put this on the agenda. As I'm sure 20 the Court is aware, we have stepped up the timetable for the 21 beginning of Phase 2 out at the airport property. Phase 1 is 22 almost complete, and the beginning of Phase 2, I am told now, 23 probably somewhere first to middle of August they will be 24 calling for the money, TexDOT will, for -- for the 25 City/County portion of the match. It seems that of the total 6-8-09 12 1 amount of approximately $400,000, there's 250 in reserves, 2 leaving 150. The City has on their agenda and has previously 3 committed, at least indirectly, $75,000 out of their general 4 fund in order to accomplish their portion of it, so I put 5 this on the agenda in order to put that before us so that we 6 can take the appropriate action if it's appropriate at this 7 time. You got any thoughts on that, Commissioner Letz? 8 COMMISSIONER LETZ: We need to find $75,000. 9 JUDGE TINLEY: You're exactly right. 10 COMMISSIONER LETZ: And the Auditor I don't believe 11 is in here right now. My thought would be that we, you know, 12 commit to funding it, and then direct the Auditor to find the 13 funds somewhere in our budget. This is an unbudgeted item. 14 The one item that I think we can probably tag for this would 15 be the -- the large $106,000-plus little bit of sales tax 16 revenue that we received due to the sale of an aircraft that 17 was kind of an unexpected item. And that, to me, would be an 18 appropriate use of that funds. I was hoping to get the money 19 from E.I.C., but that didn't happen. The next best bet would 20 be sales tax revenue generated directly from the airport; 21 seems like a likely source. The question I do have, I guess 22 to Rex, do we have to declare an emergency to use that -- 23 that sales tax money? That's not a budgeted item. We don't 24 have -- I don't know that we're going to have $75,000 extra 25 in our budget anywhere this year; we're pretty tight. I 6-8-09 13 1 mean, how do we access that fund, or do you know? Or is that 2 more an auditor question? 3 MR. EMERSON: I think that's more of an auditor 4 question, but if you go outside your budget, yes, you do have 5 to declare an emergency. 6 COMMISSIONER LETZ: I guess it probably would 7 qualify. It was an unexpected expenditure that was moved 8 forward by -- 9 COMMISSIONER WILLIAMS: Didn't we take an action to 10 accept that by expanding our budget by the appropriate amount 11 and accept it into the general fund? Did we not do that? 12 COMMISSIONER LETZ: I'm not -- 13 COMMISSIONER WILLIAMS: I believe we did. 14 MS. MABRY: We did do an amendment for the 106,000 15 as well as the 75 overage that were we were anticipating. We 16 have done the amendments for those. 17 COMMISSIONER LETZ: So, that's already been -- 18 taken place. 19 COMMISSIONER WILLIAMS: So it's in the general 20 fund, available for use. 21 MS. MABRY: Yes, it is. It's available. 22 COMMISSIONER WILLIAMS: I thought that was the 23 case. 24 MS. MABRY: Yes, sir. 25 COMMISSIONER LETZ: Don't you still have to -- if 6-8-09 14 1 it's in the... I'll make a motion that we authorize 2 expenditure of 75,000 for the Phase 2 match -- County's 3 portion of that match, Phase 2 project at the airport. 4 COMMISSIONER WILLIAMS: Second. 5 COMMISSIONER LETZ: With those funds to come from 6 the increased revenue that we received from the sales tax of 7 approximately 106,000. And if we need to do something 8 further budget-wise, we can do it at our next meeting. 9 COMMISSIONER WILLIAMS: Second. 10 JUDGE TINLEY: Motion made and seconded as 11 indicated. Question or discussion? 12 COMMISSIONER BALDWIN: I have a question, Judge. 13 And I may be -- y'all may think I'm out of line here a little 14 bit. But talking about the right place for where the money 15 comes from, E.I.C. is the place -- the right place for that 16 money to come from. I'm kind of curious; I can't remember 17 why -- why we're not getting E.I.C. money to use there. And 18 why we're not talking about it is because some of the City 19 people are here in the audience today, and we can't talk 20 about things like that? 21 COMMISSIONER LETZ: No, I'll be glad to. We -- 22 COMMISSIONER BALDWIN: Would you explain that to 23 me? 24 COMMISSIONER LETZ: Certainly. We put on it our 25 agenda to request the Airport Board to request that funding 6-8-09 15 1 to come from E.I.C. The Airport Board did that. City 2 Council also has to sign off on a request from the airport. 3 They declined to do so, which meant that the request -- the 4 Airport Board cannot unilaterally take a request to E.I.C. 5 COMMISSIONER BALDWIN: So, they feel like that it 6 was a -- 7 COMMISSIONER LETZ: You'll have to ask City Council 8 why they did it. 9 COMMISSIONER BALDWIN: It's obviously not 10 appropriate for E.I.C. money to be used at the airport and 11 economic development and -- okay. 12 COMMISSIONER LETZ: That part, I can't answer. 13 COMMISSIONER WILLIAMS: It never really moved to 14 the E.I.C. It never moved past City Council. 15 JUDGE TINLEY: Council failed -- Council declined 16 to give the Airport Board permission to make an application 17 to E.I.C. for those funds. 18 COMMISSIONER BALDWIN: Okay. Thank you for the 19 explanation. Boggles the mind, but thank you. 20 JUDGE TINLEY: Okay. Any other question or 21 discussion on the motion? All in favor of the motion, 22 signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 6-8-09 16 1 JUDGE TINLEY: The motion does carry. 2 COMMISSIONER LETZ: Judge, before we move on on 3 this topic, just a little bit of an answer to Commissioner 4 Baldwin. I told City Council, 'cause I was at the meeting, 5 and it'll probably be on our next agenda, that we're moving 6 into our budget and we need to find out from City Council if 7 the E.I.C., in their mind, is an option for funding out there 8 long-term. Because it is a -- it's going to greatly, in my 9 mind -- or my vote, it's going to greatly curtail 10 expenditures at the airport, capital improvement-wise, if the 11 City is not willing to fund some of those through E.I.C. You 12 know, and they're aware that I -- of that statement, and also 13 aware that I'm going to ask them for a meeting -- joint 14 meeting so we can iron this out. Because the airport has a 15 lot of projects on the table that I think E.I.C. is an 16 appropriate source of those funds. And -- 17 COMMISSIONER BALDWIN: I'm glad to hear you say 18 that. 19 COMMISSIONER LETZ: And if the City's going to 20 block that, we need to know, and the Airport Board needs to 21 know that. 22 COMMISSIONER WILLIAMS: That's an important point. 23 The Airport Board needs to know it, because the request needs 24 to originate there, and needs to be signed off on by both the 25 City and the County and needs to move forward. And you're 6-8-09 17 1 absolutely right, we need to know the answer to that 2 question. 3 COMMISSIONER LETZ: It will be on our next agenda. 4 JUDGE TINLEY: Yeah. I think -- Commissioner, I 5 think you put that squarely before the Council, because for 6 planning purposes on capital projects, so many of those in 7 the past have been funded with E.I.C. funds, and suddenly, if 8 that, in fact, is going to be a reversal of -- of that 9 policy, we need to know that, because we've got to do 10 planning, and they need to do the same. 11 COMMISSIONER LETZ: Right. 12 JUDGE TINLEY: Anything else on that item? Let's 13 move to Item 4; consider, discuss, take appropriate action on 14 plans enlarging Kerr County War Memorial. I put this on the 15 agenda. I mentioned it previously subsequent to our meeting 16 there with -- our ceremony out here on Memorial Day, and I 17 have asked the citizens and veterans groups to provide us 18 with input. I didn't know if the Commissioners Court has any 19 particular direction or -- or suggestions they wanted to make 20 to me with regard to that. One of the thoughts I've had is 21 possibly consulting with someone -- Mr. Lewis, for example -- 22 on maybe some general design concepts to see -- see what he 23 thinks about it. I don't see it as anything extensive. And 24 coming up with possibilities before the veterans groups and 25 citizens that are interested in this matter. 6-8-09 18 1 COMMISSIONER LETZ: I mean, I think -- I like that 2 approach. I think we need to have a plan. I just don't want 3 to go out there and start doing something. I think we need 4 to have an idea of the number of names and how we're going to 5 structure it, and that whole little area will probably need 6 to be changed from a landscaping standpoint, which, you know, 7 probably in my mind is a good thing, because some of the 8 shrubs that are out there are kind of overgrown a little bit. 9 JUDGE TINLEY: We're taking some of them out, as 10 you know, to try and open that area up a little bit. But as 11 -- as we enlarge that memorial, it's going to have to -- have 12 to be some changes to make those larger. 13 COMMISSIONER OEHLER: It just needs to run 14 consistent, be compatible with what's there. 15 JUDGE TINLEY: Absolutely. 16 COMMISSIONER OEHLER: Don't want to just pour a 17 slab and set some kind of a monument up there. Needs to look 18 like it belongs there. 19 COMMISSIONER LETZ: Right. 20 COMMISSIONER BALDWIN: And think it's only fair 21 that we have a discussion at some point about how it's going 22 to be financed. Are we going to use taxpayers' money? Are 23 we going to go to the community for donations? 24 COMMISSIONER WILLIAMS: Veterans group. 25 COMMISSIONER BALDWIN: Does the airport want to pay 6-8-09 19 1 for it? You know, whatever. 2 COMMISSIONER WILLIAMS: E.I.C. 3 COMMISSIONER BALDWIN: E.I.C. Just think of all 4 the tourists that will come to Kerrville to look at our war 5 memorial. 6 COMMISSIONER WILLIAMS: Well, it's a worthy thing 7 to do, but we need everybody to buy into the plan. Veterans 8 groups and all of those folks who have a vested interest in 9 expansion of that need to sign off on it at the beginning. 10 COMMISSIONER LETZ: I'm all in favor of using 11 Mr. Lewis, but at the same time, at some point Mr. Lewis may 12 get tired of these projects. 13 COMMISSIONER WILLIAMS: Or send us a bill. 14 COMMISSIONER LETZ: Or may send us a bill someday. 15 COMMISSIONER BALDWIN: Judge, how many -- about how 16 many, do you think, names are we behind on? I didn't realize 17 there were any. But -- 18 JUDGE TINLEY: Half -- maybe half a dozen. 19 COMMISSIONER BALDWIN: Really? 20 JUDGE TINLEY: Yeah. Yeah. 21 COMMISSIONER LETZ: Are they from -- which war? 22 JUDGE TINLEY: Well, we may have some that are -- 23 COMMISSIONER OEHLER: One's from Desert Storm. 24 JUDGE TINLEY: We may be missing one, maybe two, 25 from Vietnam. And then we've got the conflicts since then. 6-8-09 20 1 We got the first mid-east war, and now we've got Iraqi 2 Freedom. So, I -- as part of my call asking for input from 3 veterans groups and veterans and their families and so forth, 4 I've asked for that information also. I'm working with the 5 folks over at the History Center. They've given me some 6 names, and we need to review those to see where we are there. 7 But we definitely have some additions to be made. And if 8 it's just one, we need to get it done. 9 COMMISSIONER BALDWIN: I agree. 10 JUDGE TINLEY: Because -- 11 COMMISSIONER OEHLER: Certainly. 12 COMMISSIONER LETZ: My recollection is that we had 13 a discussion a year or so ago about determining 14 qualifications to have a name put on the list, and I -- and 15 if my memory is correct, it was that there's a military form 16 that's filled out when you join the service, and that was the 17 criteria we were going to use, if you had signed that form 18 listing Kerr County -- 19 JUDGE TINLEY: Home of record. 20 COMMISSIONER LETZ: -- as home of record at the 21 time you sign up. 22 JUDGE TINLEY: Yes. 23 COMMISSIONER LETZ: Or change, I guess, your home 24 of record with the military. 25 JUDGE TINLEY: Mm-hmm. 6-8-09 21 1 COMMISSIONER LETZ: Okay. 2 JUDGE TINLEY: That's the criteria. 3 COMMISSIONER BALDWIN: And some will be able to 4 provide that and some won't, I guess. The older ones 5 probably won't. 6 JUDGE TINLEY: Well, it's going to be a matter 7 of -- of going through and ascertaining with each individual 8 that they, in fact, qualify. There were some suggestions 9 made that they need to be homegrown, home -- you know, born, 10 raised, so forth. We thought that was being too restrictive, 11 and we finally came up with using the -- the military 12 designation of if the service member had, in fact, designated 13 Kerr County -- anywhere in Kerr County as his home of record. 14 That -- that was the eligibility criteria. 15 COMMISSIONER BALDWIN: And I agree with that a 16 hundred percent. 17 JUDGE TINLEY: Well, I'll go forward, then, with -- 18 based on this discussion, and it -- it's going to take some 19 time, but we got a start. Let's go to Item 5; to consider, 20 discuss, and take appropriate action on resolution concerning 21 L.C.R.A. proposed transmission line. Commissioner Letz? 22 COMMISSIONER LETZ: Yes. I think I mentioned at 23 one point previously that I was planning on bringing a 24 resolution to the Court related to L.C.R.A.'s two new power 25 lines that are coming through, or may come through Kerr 6-8-09 22 1 County, and I think everyone has a draft of it. And 2 Commissioner Williams made a few changes, minor grammatic 3 changes. I appreciate him always going over things like 4 this, polishing them up a little bit. It's, I think, fairly 5 controversial. I'll go ahead and read the body of it so 6 everyone in the audience knows what it says. 7 Whereas, the Lower Colorado River Authority is 8 proposing to construct the Twin Buttes-McCamey D-Westwind- 9 Kendall 345 kilowatt transmission line, and the 10 Westwind/Kendall-Gillespie-Newton 345 kilowatt -- kilovolt 11 transmission line, and both these transmission lines may 12 impact property in Kerr County; and 13 Whereas, Kerr County Commissioners Court 14 acknowledges the need for the transmission of electric power 15 and L.C.R.A.'s long-term support and commitment to the people 16 of Kerr County; and 17 Whereas, Kerr County is one of the most beautiful 18 and valuable assets, it's also valuable -- is one of our most 19 beautiful and valuable assets; it's also a valuable asset to 20 the entire state of Texas; 21 Whereas, we acknowledge that construction cost is a 22 factor in determining the selected routes; however, it should 23 not necessarily be one of the primary factors. There are 24 long-term impacts to the community and the region based on 25 the selected route; and 6-8-09 23 1 Whereas, the Public Utility Commission of Texas 2 approves the final route, and Kerr County Commissioners Court 3 has no authority over this decision other than providing 4 comment by resolution; 5 Now, therefore, be it resolved that on this 8th day 6 of June, 2009, Kerr County Commissioners Court unanimously 7 requests that L.C.R.A. study all possible feasible routes for 8 the location of the proposed transmission line and includes 9 the following criteria as primary factors in selecting and 10 constructing this and any transmission lines in Kerr County: 11 1. Single-pole structures should be used and not 12 lattice structure poles. 13 2. To the extent possible, existing right-of-ways 14 should be used, or property adjacent to existing 15 right-of-ways, including Interstate Highway 10. 16 3. The location of transmission lines should 17 consider the impact on property values, aesthetics of the 18 beautiful hill country vistas, and protect hill country 19 natural resources. 20 That's it. I'll make a motion to approve. 21 COMMISSIONER WILLIAMS: Second. 22 JUDGE TINLEY: We have a motion to approve the 23 adoption of the resolution. Is there any question or 24 comment? Ms. Hoffman, did you have anything you wish to add 25 or bring to our attention today on behalf of L.C.R.A.? 6-8-09 24 1 MS. HOFFMAN: Just a point of clarification, 2 L.C.R.A. Transmission Services Corporation. And also, I can 3 leave with Jody -- the P.U.C. has assigned a receptacle 4 number to receive any comments from commissioners courts or 5 other community groups regarding these projects, so I can 6 give that to her. 7 JUDGE TINLEY: Do you happen to have that with you 8 now? 9 MS. HOFFMAN: I do. Would you like it? 10 JUDGE TINLEY: Yes. If you'd come forward, please, 11 let's get that in the record, because a number of our 12 citizens, when this transcript is posted online, will be able 13 to pick it up from that transcript. 14 MS. HOFFMAN: Sure. 15 COMMISSIONER WILLIAMS: We'll also amend the 16 resolution to include that. 17 COMMISSIONER LETZ: Correct, yes. 18 COMMISSIONER WILLIAMS: Proper corporate name and 19 that number, whatever that number is. 20 MS. HOFFMAN: Project Number 37049 has been 21 established by the P.U.C. for comments concerning the Lower 22 Colorado River Authority Transmission Service Corporation's 23 proposed CREZ priority transmission lines. 24 COMMISSIONER LETZ: What's the appropriate name? 25 The corporate name? 6-8-09 25 1 MS. HOFFMAN: L.C.R.A. Transmission Services 2 Corporation. 3 COMMISSIONER WILLIAMS: Okay. That is the entity 4 of L.C.R.A. that's handling the project. 5 MS. HOFFMAN: Separate body, yes. 6 COMMISSIONER WILLIAMS: Okay. 7 COMMISSIONER LETZ: Ms. Hoffman, do you know when 8 the approved routes will be coming out yet? I mean, the -- 9 MS. HOFFMAN: When -- when we file our CCN? 10 October 7th on one line, and October 28th, I believe, on the 11 other. 12 COMMISSIONER LETZ: Okay. And just one other 13 question while we're on this topic. The question I'm 14 receiving the most is, what's L.C.R.A. going to pay? 15 MS. HOFFMAN: We -- 16 COMMISSIONER LETZ: And I think it's going to have 17 a huge impact as to what people want. I don't know how much 18 of that can be made, you know, public at this point, 'cause 19 everyone certainly talks a lot about the Ford Power and Light 20 payments, and if this is going to be a comparable offer or 21 what. And the sooner L.C.R.A. can announce that, or whatever 22 they're going to do, the less my phone's going to ring, and I 23 would appreciate it. 24 MS. HOFFMAN: It's a question we've heard an awful 25 lot about. We don't have a definitive answer on that. 6-8-09 26 1 There's a public process that includes appraised values. 2 What you might want to do, Commissioner Letz, is I can leave 3 you with our real estate phone number, and if folks have 4 specific questions, they can contact our real estate folks 5 and ask how the process takes place. It's all very regulated 6 for us, since we're a public utility, so it's a very 7 different process than what folks have experienced with the 8 private company. 9 COMMISSIONER BALDWIN: Or you could give them a 10 very, very low number and see if you couldn't shift some of 11 this over to -- to L.C.R.A. 12 COMMISSIONER LETZ: If you have that phone number, 13 I'd be interested. Thank you. 14 MS. HOFFMAN: Sure. 15 JUDGE TINLEY: I would note with some interest that 16 a -- a major out-of-town law firm that has an office here in 17 Kerr County has run an advertisement soliciting condemnation 18 clients as a result of these power line issues. Ms. Hoffman, 19 let me renew my request to you, if I might, publicly. It's 20 my understanding that -- that the various alternative routes 21 that will be submitted in October to the Public Utility 22 Commission will, in fact, be identified sometime this month, 23 if not already, or significantly in advance of October when 24 they're laid before the Public Utility Commission. And I am 25 told, and I've had confirmed by people in your organization, 6-8-09 27 1 that the preferred route will, in fact, be one of the various 2 alternate routes that are identified and laid before the 3 Commission. And what I would ask L.C.R.A. to do, or 4 Transmission Services Corporation or whomever might be doing 5 this, as soon as those routes are identified and known, that 6 they put them out for public notice so that the public is 7 aware of the various alternatives, rather than these various 8 so-called links that are out there. Because, as you might 9 know, people are justifiably concerned, and they're all over 10 the map on this thing. Once those alternatives are 11 recognized, it may be possible that one of those could 12 achieve some sort of political consensus that would be 13 beneficial to your people in the selection of this route, and 14 in the entire process. So, the earlier you can put those -- 15 your organization can put those routes out to the public, it 16 would be greatly appreciated, and I would ask that they do 17 that as soon as they're aware of those various alternative 18 routes. 19 MS. HOFFMAN: Judge, I think I -- I shared with 20 you, I think, that I have -- 21 COMMISSIONER WILLIAMS: Speak louder, please. 22 MS. HOFFMAN: I have shared that request that you 23 stated the last time, and I've been told we will not be 24 making those routes public until we file them with the Public 25 Utility Commission. But I -- I hear what you're requesting, 6-8-09 28 1 and I will certainly note it. 2 JUDGE TINLEY: As you indicated, you did pass that 3 along to the folks that have the apparent authority to make 4 those decisions, and to this point, they've declined. My 5 request to you today is that you renew that request from this 6 Court. 7 MS. HOFFMAN: I will do so. 8 JUDGE TINLEY: Okay. Any other questions or 9 comments on this matter? All in favor of the motion, signify 10 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. Thank you, 15 Ms. Hoffman. 16 MS. HOFFMAN: Mm-hmm. 17 JUDGE TINLEY: Let's move to Item -- I'm sorry, did 18 you have something? 19 COMMISSIONER WILLIAMS: I just wanted to tell Jody, 20 at the break I'll get with you; we'll make all these 21 corrections. That's all. 22 JUDGE TINLEY: Let's move to Item 6, if we might. 23 Consider, discuss, and take appropriate action to review and 24 accept the concept plan for the Uvalde Gin Tract off Goat 25 Creek Cutoff Road and located in Precinct 4. Mr. Odom? 6-8-09 29 1 MR. ODOM: Yes, sir. Thank you. Phoenix Summit, 2 Limited, is proposing a 72-lot development off Goat Creek 3 Road -- Cutoff Road, I'm sorry. Mr. McCormick, the engineer 4 from Matkin Hoover, and Mr. Strake are here to answer any 5 questions and present the concept plan. The majority of this 6 tract is in the city of Kerrville's ETJ. It also has a very 7 small portion of Zone A, 100-year floodplain, on it. At this 8 time, Mr. McCormick and Mr. Strake would like to present to 9 the Court the concept plan for this future development. I'll 10 turn the time over to Matkin Hoover. 11 MR. McCORMICK: Good morning. I'm Matt McCormick 12 with Matkin Hoover. I'm here to answer any questions you 13 guys might have on this one. We -- just to give you a little 14 background, being half in the ETJ and then half in the 15 county, we tried to basically walk the line on the most 16 stringent of the two for this -- this subdivision as far as 17 laying out the number of lots and the configuration and 18 whatnot. Currently -- just a little background -- it is 19 planned to have a public water system. Aqua Texas has a 20 private system adjacent to Lot 4 that currently serves 21 Greenwood Forest. We've made contact with them and extended 22 that service into this development. It is also planned that 23 this -- these lots would utilize on-site sewage facilities. 24 So, any questions? 25 COMMISSIONER LETZ: Your -- I don't have our 6-8-09 30 1 subdivision rules. Can you get down to a 1.8 average with a 2 public water system? 3 MR. McCORMICK: Yeah, 1 acre minimum. And then you 4 take the total acreage of the development divided by two if 5 you have public water. 6 COMMISSIONER LETZ: Right. 7 MR. McCORMICK: Is what I understood. 8 COMMISSIONER OEHLER: I thought we had, like, a 2 9 and a half average, wasn't it? 10 COMMISSIONER LETZ: Well, it's a 2-acre average. 11 COMMISSIONER OEHLER: That was only -- 12 COMMISSIONER LETZ: About 140 -- I mean, 143.8 13 divided by -- 14 MR. McCORMICK: It's, like, 71 point -- it's, like, 15 71.9 or something. 16 COMMISSIONER LETZ: So, you're really going to have 17 71 lots. 18 MR. McCORMICK: Well, we propose -- one's a 20-acre 19 lot. That Lot 32 is a 20-acre lot. So, there would be -- I 20 mean, we have it currently proposing 72 lots. We took the -- 21 the acreage and rounded it. I mean, we just took the -- if 22 we were at 71.4, we would have gone down to 71. That was 23 just the reasoning behind that. So -- 24 COMMISSIONER LETZ: Is any of this in the ETJ of 25 Ingram, or is it all Kerrville? 6-8-09 31 1 MR. McCORMICK: I do not understand it to be in 2 Ingram. I think it's just -- Ingram's ETJ is just to the 3 west, from what I understand. 4 COMMISSIONER LETZ: Is there -- how close are you 5 to public water from the city of Kerrville? Do you know? 6 MR. McCORMICK: Quite far away. We're on the -- I 7 mean, as you see the line going through us, I mean, we're 8 right on the edge of the ETJ. So, I mean, it's -- it's 9 beyond the 2,000 feet that would be required to extend it. 10 COMMISSIONER LETZ: And the roads are public? 11 Private? 12 MR. McCORMICK: The owner has not indicated that to 13 me quite yet as far as what they would be. I would assume at 14 this point they'd be public, but -- 15 COMMISSIONER LETZ: Aqua Texas -- and I'm asking 16 this question for the benefit of one of the members of our 17 audience, Councilman Motheral. The -- Aqua Texas generally 18 does not have sufficient capacity for fire flow. 19 MR. McCORMICK: Mm-hmm. 20 COMMISSIONER LETZ: What are the plans for fire 21 flow in the subdivision? 22 MR. McCORMICK: I don't know if the discussions 23 that we've been in, the talks with the City -- the City, I 24 think, would like to have -- I mean, being in the ETJ, they'd 25 like to have fire protection, so that would be -- between 6-8-09 32 1 upgrading their system, their -- where we have ground 2 storage -- enough ground storage, water to provide fire flow 3 and upgrade their pumping system to provide the fire flow 4 that's required by the City. 5 COMMISSIONER WILLIAMS: Did you say Aqua Texas 6 operates off of Lot Number 4? 7 MR. McCORMICK: It's the -- if you can see on your 8 little plan, there's a couple little circles on that area 9 topo. Those are the current -- it's just adjacent to Lot 4, 10 just to the -- just to the southeast of Lot 4. 11 COMMISSIONER WILLIAMS: And from that location they 12 also serve Greenwood Forest; is that correct? 13 MR. McCORMICK: I believe so, yes. 14 COMMISSIONER WILLIAMS: And is that the only 15 location they have that serves the entirety of Greenwood 16 Forest, to your knowledge? 17 MR. McCORMICK: To my knowledge, yes. I mean, it 18 serves this hilltop right here. I think it's a booster to 19 get it up on top of that hilltop. 20 COMMISSIONER WILLIAMS: That was my next question. 21 COMMISSIONER LETZ: I think the concept's, you 22 know, fine. I mean, I -- you know, there's a couple -- some 23 issues. I think, as we told the last concept plan that came 24 in, I -- I don't know if you've met with the City of 25 Kerrville staff; I think you need to meet with them as well. 6-8-09 33 1 We have an agenda item somewhere today that's going to 2 address these issues a little bit with the subdivisions 3 planned, though within the ETJ at the present time, and I 4 believe it's on City Council's agenda, a similar item for 5 tomorrow night. The one question that I have that I think 6 we're going to have to confer closely with the City of 7 Kerrville on, my initial feeling would be that the -- and 8 this is what -- I've told City of Kerrville this already, 9 that a development like this is -- there's going to be a -- 10 hopefully, a lead entity, whether it be the City or County 11 that handles these. Because of the density and the type of 12 this development, probably the City fits it better than the 13 County, because of the -- but, you know, the issue that comes 14 up, though, is I don't believe the City has jurisdiction 15 outside the ETJ at all, even though part of the subdivision 16 does. So, the -- that may not be possible here. I think 17 it's something we're going to have to look at, but I think 18 it's -- you are correct in the assumption that it's going to 19 be hopefully a combination of our rules and the City rules, 20 regardless. 21 MR. McCORMICK: Okay. Ordinarily, I think what 22 we're looking for is just a clear, direct dialogue of what 23 regulations we need to apply where. And -- 24 COMMISSIONER BALDWIN: There's a lot of people 25 looking for that. 6-8-09 34 1 MR. McCORMICK: Yeah. It's going to be -- just, 2 this one is definitely -- being around the edge, is going to 3 be unique in that regard. We're willing to work with either 4 one. I think it's -- we just need to know what rules to 5 follow, and we're happy to do so. 6 COMMISSIONER BALDWIN: Did you say you prefer 7 this -- 8 COMMISSIONER OEHLER: Ray? Go ahead. Ray, have 9 you reviewed this from an environmental -- 10 MR. GARCIA: We are in the process of doing that 11 now. We have the concept. 12 COMMISSIONER OEHLER: Okay. So you haven't 13 completed that yet? 14 MR. GARCIA: No. 15 COMMISSIONER OEHLER: That's the only thing. 16 You're going to -- I don't see how -- you know, we already 17 have one problem area out there with lots very substandard. 18 They for sure don't meet our requirements, and they're having 19 a problem getting wastewater in right now. I don't believe 20 that these -- this size tract will have as big a problem, 21 because they're bigger, but there are some contours where 22 there are pretty steep slopes and things are going to have to 23 be dealt with, but I'm sure they can probably work it out 24 somehow, more than likely aerobic systems, unfortunately. 25 But that's my only real concern. It's not the density. As 6-8-09 35 1 long as you can -- you can meet the requirements for O.S.S.F. 2 and you have water, and the streets and everything meet the 3 standard, I don't have a problem with it. 4 COMMISSIONER BALDWIN: We're talking -- what are we 5 talking about, 14, 15 lots in the county? 6 COMMISSIONER WILLIAMS: More than that. 7 COMMISSIONER LETZ: Well, the -- 8 COMMISSIONER OEHLER: Looks like -- 9 COMMISSIONER LETZ: Probably a third. 10 COMMISSIONER OEHLER: -- about a third of it. 11 COMMISSIONER LETZ: A third of it's in the county 12 only, and the other part's in the ETJ. 13 COMMISSIONER BALDWIN: I mean, in the county only, 14 a third? 15 COMMISSIONER LETZ: About a third of them. I'm 16 just -- 17 COMMISSIONER BALDWIN: Okay. 18 COMMISSIONER LETZ: I mean, clearly, Environmental 19 Health, that's going to be the County. Floodplain's going to 20 be the County. Those are two that -- I mean, over the whole 21 area. 22 MR. McCORMICK: Yeah. 23 COMMISSIONER LETZ: Hopefully we'll have a little 24 bit better answer, I mean, after tomorrow night as to at 25 least a direction on the -- what exact rules you have to 6-8-09 36 1 follow, and to keep you from having to go through both 2 processes. 3 MR. McCORMICK: Tomorrow night is -- 4 COMMISSIONER LETZ: With -- 5 MR. McCORMICK: Is there something on the City's 6 agenda tomorrow night? 7 COMMISSIONER LETZ: Yeah, there's -- I sent a 8 letter to the City Manager, and that letter is on -- or a 9 discussion of that letter is on our agenda, and it's on their 10 agenda as well. And it kind of lays out a little bit of a 11 framework as to how we should work until we get the new rules 12 completely done. And I haven't had a -- Kevin Coleman's in 13 the audience. I haven't had a chance -- we've played phone 14 tag. Kevin, do you have anything you want to add? 15 MR. COLEMAN: No. You're right, it is on the 16 Council's agenda, framed around kind of a case-by-case 17 resolution of these, and this is one of those. 18 COMMISSIONER LETZ: But it's going to be -- it's 19 obviously going to be a little bit difficult. I think it's 20 incumbent upon the City and the County to, early on, set 21 which rules are going to be used, and once that's determined, 22 no change is made. And we'll determine which -- I think, 23 hopefully, we can come to an agreement that you're only going 24 to work with one entity, and then we'll have to work 25 internally between ourselves to make sure some of these 6-8-09 37 1 things work out. That's the goal, based on a meeting I had 2 with the City Manager on that, subject to, you know, our 3 approval and Council's approval. But the concept looks good. 4 I mean, I see some challenges from the Environmental Health 5 septic standpoint. 6 MR. McCORMICK: Yeah. 7 COMMISSIONER OEHLER: Some of that's just -- 8 COMMISSIONER LETZ: But, you know, that's -- if it 9 meets the rules, it meets the rules. 10 COMMISSIONER OEHLER: Yeah. 11 COMMISSIONER LETZ: I think the other big issue is 12 going to be fire flow. 13 MR. McCORMICK: Yeah. 14 COMMISSIONER LETZ: Because this is an area of high 15 growth that I think both the -- everyone acknowledges in 16 certain areas we're going to get more and more growth. There 17 will be more and more subdivisions and services offered out 18 in these areas, and at least the capacity to put in a fire 19 system down the road, even if it's not fully available right 20 now, is going to be a requirement. But, looks good. 21 COMMISSIONER OEHLER: Yeah. If it gets built out, 22 it's a wonderful thing. We don't want to hinder progress. 23 COMMISSIONER LETZ: Where is this off Goat Creek, 24 Bruce? 25 COMMISSIONER OEHLER: It's right -- 6-8-09 38 1 MR. ODOM: Steve Schwarz'. 2 COMMISSIONER OEHLER: Right adjacent to kind of -- 3 what is it that -- 4 MR. ODOM: Greenwood. 5 COMMISSIONER OEHLER: Greenwood's up on top of the 6 hill, accesses to the big boulder entrance right next to 7 that. 8 MR. ODOM: Right next to that. 9 COMMISSIONER OEHLER: Kind of right behind Doc 10 Schwarz' old place. 11 MR. ODOM: Behind Doc Schwarz' old place. 12 COMMISSIONER WILLIAMS: Just past the Windmill 13 Ridge. 14 COMMISSIONER OEHLER: Past Windmill Ridge and past 15 Greenwood Drive. 16 MR. McCORMICK: Yeah. 17 COMMISSIONER LETZ: Nice, nice area. 18 COMMISSIONER OEHLER: Oh, it is a nice area. 19 MR. ODOM: May I -- I've run a traffic count. They 20 have that coming out on the back side, and I'm running around 21 4,000 cars right out of the -- now, that was over a five-day 22 period. About 32 cars, 33 cars an hour is running that on a 23 24-hour basis, so you might really consider part of that -- 24 part of that release. The requirement to the city is two 25 releases, and they're releasing on Skyview. So, there was -- 6-8-09 39 1 I'm sure if I'm getting complaints now, you will get some 2 more. Plus, if this is county-maintained, I assure you, 3 there will be complaints through that subdivision, 'cause 4 that will be a shortcut back over to Goat Creek Cutoff. So 5 you might -- 6 COMMISSIONER OEHLER: Well, it would be, except for 7 the configuration of the roads. 8 MR. McCORMICK: Yeah. 9 COMMISSIONER OEHLER: Be kind of an unhappy thing 10 to curve through the neighborhood there to get over to Goat 11 Creek Cutoff. I can understand people on Skyview having -- 12 it's already a high-speed racetrack. 13 MR. ODOM: A racetrack through there, and a lot of 14 that is coming out of that mobile home park back behind. 15 COMMISSIONER OEHLER: Yeah. 16 MR. ODOM: I just sort of envision in the future 17 that that'll be a cut-through. If that's not a private 18 subdivision, it'll be public road, so anybody can go through 19 it. 20 MR. McCORMICK: I think you pointed out, the 21 configuration of the roads is, you know, intended for traffic 22 calming purposes, so that we're not keeping straight. 23 There's a major curve there that's going right through this 24 thing so that it creates cutoff; come up the hill and have to 25 stop, turn right again, turn right. I mean, it's going to 6-8-09 40 1 make it cumbersome. It's going to calm traffic in that 2 regard, 'cause the -- the stop controls those intersections. 3 MR. ODOM: Hopefully you're right. 4 JUDGE TINLEY: Anything else with regard to this 5 particular item, gentlemen? 6 COMMISSIONER LETZ: Just one more quick one. Len, 7 are these going to be local roads, or is there -- is that 8 main road going to -- 9 MR. ODOM: One of the roads is going to be -- 10 COMMISSIONER LETZ: -- collector? 11 MR. ODOM: Well, it's 72. I need to be at 80, I 12 believe. 13 COMMISSIONER LETZ: 80? 14 MR. ODOM: 81 to become a collector. What we will 15 have on the one in Commissioner Williams' is a question about 16 part of that road there being a collector at that point. But 17 this one here is 60 -- from 8 to 61, and 61 -- oh, that's 18 right, 61 to 120 is collector. 19 MR. McCORMICK: What we would do is analyze, 20 basically like a watershed, for which way water on a ridge 21 line. We would probably delineate the water -- the 22 development there and come up with a probable distribution. 23 I mean, a person who's going to buy Lot Number 31, per se, is 24 not necessarily going to drive through the whole subdivision 25 to go to Goat Creek Cutoff; he may go out to Skyview. 6-8-09 41 1 Somebody who's buying Lot 69 or Lot 1 here is not going to go 2 -- so, we'll basically -- 3 COMMISSIONER OEHLER: You're going to split it. 4 MR. McCORMICK: Going to basically split it up. 5 We'll divide a dividing line that's most probable, in almost 6 like a watershed fashion, and determine which way the 7 traffic's going to go. That'll determine at that point how 8 many lots are being concentrated on a certain street. And if 9 it's -- if it's over the threshold of 69 lots or whatever -- 10 I mean, whatever the lot threshold is to go from a collector 11 to local, then, I mean, that'll be applied in that -- that's 12 the manner that I would approach it at. 13 MR. ODOM: Keep in mind, you're going to have two 14 things down there; you have an elementary school and you have 15 the post office. Skyview is the release. 16 COMMISSIONER OEHLER: Mm-hmm, yes. 17 COMMISSIONER LETZ: The other -- just another -- 18 just looking at it, I see some concerns on the drainage. I 19 mean, it looks like some of these, the -- not sure how it's 20 all going to pan out for something that's going to be a 21 concern, but this density, and then the amount of -- 22 MR. ODOM: Runoff. 23 COMMISSIONER LETZ: -- developed property right 24 adjacent to the subdivision, right next to it. 25 MR. ODOM: Greenwood Forest is right next to that 6-8-09 42 1 drainage ditch that's going to be going into it on that back 2 side. That is something that certainly has to be looked at 3 to make sure we're not infringing on -- 4 COMMISSIONER LETZ: Lots 33, 34, 38, that's -- 5 they're pretty small lots with the drainage going through 6 them. 7 MR. McCORMICK: Down below that is where -- I mean, 8 down below that is where, as far as off-site -- 9 COMMISSIONER LETZ: You do it on 32? 10 MR. McCORMICK: Yeah, 32 is where we have 11 potentially -- you know, potential detention area, adding it 12 there. 13 COMMISSIONER LETZ: 54 -- 54, likewise. Possibly. 14 I don't know; those are bigger lots over on that side. 15 MR. McCORMICK: Yeah. I mean, they're 1 -- they 16 average 1 -- average 1-acre lot -- 1.8-acre lots. I mean, I 17 don't think there's going to be massive homes, by any means. 18 I think they're going to be pretty modest. But the -- we're 19 definitely -- we do lot fits on most all our plans, so that 20 we can make sure that most footprints -- a standard footprint 21 of a 3,000 to 4,000-foot home will fit on it. 22 COMMISSIONER LETZ: Okay. 23 COMMISSIONER OEHLER: That was going to be my 24 question; how big are the homes going to be you're 25 projecting? 6-8-09 43 1 MR. McCORMICK: It may not be that, but that's a 2 conservative -- 3 COMMISSIONER OEHLER: Some of them are just -- 4 MR. ODOM: 2,600, probably. 5 COMMISSIONER OEHLER: -- intermediate, kind of 6 intermediate size homes. What's intermediate nowadays? 7 3,000 or 4,000 feet? 8 MR. ODOM: It's at least 2,600 square feet. 9 COMMISSIONER OEHLER: Yeah. 10 MR. ODOM: 2,500, 2,600 is probably minimum, make 11 it work. 12 COMMISSIONER LETZ: Looks -- I mean, looks good. 13 It's an area of growth. 14 COMMISSIONER OEHLER: Area of growth, and it's 15 another one of those situations where we're going to start 16 overloading our infrastructure. 17 COMMISSIONER LETZ: Yeah. 18 COMMISSIONER OEHLER: With access and egress and 19 ingress. 20 MR. ODOM: That's right. Wren Road will probably 21 be developed in the future, so that whole area will -- 22 COMMISSIONER OEHLER: At some point in time, we 23 need to have a way out, over to Goat Creek. 24 MR. ODOM: That's right. 25 COMMISSIONER LETZ: Goat Creek Cutoff is county, 6-8-09 44 1 right? Not state? State doesn't have -- 2 COMMISSIONER OEHLER: Unfortunately, it's county. 3 COMMISSIONER LETZ: Can't we give it to Mike 4 Coward? Maybe they'll do that upgrade. 5 COMMISSIONER WILLIAMS: He doesn't want it. 6 MR. ODOM: I thought -- 7 COMMISSIONER OEHLER: I think it'd be cheaper 8 building a state highway than it would be to widen that. 9 MR. ODOM: I don't have much right-of-way there at 10 all. What you see is what you get. 11 COMMISSIONER OEHLER: Forty foot max, isn't it? 12 MR. ODOM: I think it's 40 when we redid that -- 13 Mr. Voelkel did that, Voelkel Engineering. 14 COMMISSIONER OEHLER: All we had were ditches on a 15 road. 16 MR. ODOM: That's it. You fall off into the ditch. 17 JUDGE TINLEY: Are we done here, gentlemen? Thank 18 you. We appreciate it. Let's go to Item 7, if we might. 19 Consider, discuss, and take appropriate action to accept 20 maintenance bond for Mo Ranch Road for one year, located in 21 Precinct 4. Mr. Odom? 22 MR. ODOM: Yes, sir. Mo Ranch was relocated to 23 make for a safer and better route through Mo Ranch 24 facilities. This road has met all the qualifications Kerr 25 County requires, and signage has been put into place. At 6-8-09 45 1 this time, we ask the Court to accept the maintenance bond 2 for Mo Ranch Road, and in the amount of $79,000 and -- 3 $79,037.40. This maintenance bond will be good from June the 4 8th, 2009, to June the 8th, 2010. In one year, we will 5 recheck the road and require any repairs to be completed 6 prior to the County accepting the road for maintenance. So, 7 at this time, I ask the Court to accept it, to release that 8 performance bond and accept the maintenance bond. 9 COMMISSIONER OEHLER: Move approval. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE TINLEY: Motion made and seconded for 12 approval. Question or discussion? All in favor of the 13 motion, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: The motion does carry. Let's go to 18 Item 8; consider, discuss, and take appropriate action to set 19 a public hearing for revision of plat for Headwaters, Phase 20 3, and located in Precinct 4. 21 MR. ODOM: Yes, sir. Headwaters, Phase 3, had a 22 change to the curve on Northridge Drive. Tract 3 and Tract 23 11 will have revisions because of the change in the curve of 24 the road. There are currently two property owners in Phase 3 25 of Headwaters, and they are to be -- Cheryl and them tell me 6-8-09 46 1 that they will contact them, or if the Court directs us, we 2 will, but those two people need to be notified of the change 3 here. At this time, we ask the Court to set a public hearing 4 for July the 13th, 2009, at 10 a.m., for the revision of plat 5 of Headwaters Ranch, Phase 3, Volume 4, Pages 92 through 93. 6 COMMISSIONER OEHLER: I move approval. 7 COMMISSIONER BALDWIN: Second. 8 JUDGE TINLEY: Motion made and seconded for setting 9 a public hearing on the revision of plat for Headwaters, 10 Phase 3, for July 13, 2009, at 10 a.m. Question or 11 discussion on the motion? All in favor of the motion, 12 signify by raising you your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: The motion does carry. Item 9; 17 consider, discuss, take appropriate action to remove cattle 18 guard on Wilson Creek Road located in Precincts 2 and 3. 19 MR. ODOM: Yes, sir. When we submitted this, we 20 did not have State Bill 1059. We received that Friday 21 afternoon, I believe it was, or Friday morning when I 22 received it to read that. But what we were going to ask the 23 Court, and we're open to your suggestion, State Bill 1059 24 says that it's going into effect September the 1st of this 25 year, and so then, therefore, what I have asked for, do we 6-8-09 47 1 wait till September the 1st, and do I re-notify those people 2 again? I've already sent certified out that we would do 3 that, and we finally -- my English degree at A & M finally 4 was approved by the Court, and its wording, and -- 5 (Laughter.) 6 COMMISSIONER WILLIAMS: With a little tweaking from 7 an old Baylor boy. 8 MR. ODOM: Yeah. 9 COMMISSIONER BALDWIN: Oh, lord. 10 MR. ODOM: I knew what I was wanting to say; it 11 just didn't come out that well. But, anyway, we have a new 12 policy, and so what would the Court like for me to do? Can I 13 go ahead and do this, or should I wait till 1st of September? 14 Which doesn't bother me. I can still take it out and 15 probably get it in this year's sealcoat program anyway. That 16 was part of the proposal, to seal it out. 17 JUDGE TINLEY: Mr. Odom, you followed the Court's 18 policy and existing law, and have done everything necessary 19 up to the part where it comes to this Court for approval to 20 actually pull the trigger on removal of the cattle guards, 21 have you not? 22 MR. ODOM: I feel quite confident that I have. 23 JUDGE TINLEY: Okay. It occurs to me that it's 24 before the Court right now, and -- and in accordance with 25 existing law and policy, and since the new requirements don't 6-8-09 48 1 take effect until September 1, why, we're free to go ahead. 2 COMMISSIONER WILLIAMS: That's the way I read it. 3 COMMISSIONER LETZ: I agree. 4 MR. ODOM: I defer to an opinion from -- I see a 5 shaking head up and down; to me, that's yes. Okay? 6 COMMISSIONER WILLIAMS: I note with interest that 7 you included a little small part of Precinct 2 in there, and 8 that's way back there where Colvin has some property, and one 9 other property owner. There are no cattle guards back in 10 there that you're going to remove. 11 MR. ODOM: No. 12 COMMISSIONER WILLIAMS: It's all in Commissioner 13 Letz' precinct. 14 MR. ODOM: I was -- that individual has a fence 15 line. Your precinct was on the fence line on the inside. 16 COMMISSIONER WILLIAMS: Thank you, Mr. Odom. 17 MR. ODOM: Yes. So, I have an answer that I can go 18 ahead and take that out and program that to do a sealcoat, 19 right? 20 COMMISSIONER LETZ: Yes. 21 MR. ODOM: Pardon me? I'm hard of hearing. 22 COMMISSIONER LETZ: Yes. 23 MR. ODOM: Yes, okay. All right. That's answered 24 my question. 25 COMMISSIONER LETZ: And I -- I thought you sent 6-8-09 49 1 certified. I think it would -- just from the standpoint of 2 the difficulty we've had in that area, to send another letter 3 to these people; just give them a little bit of a timetable, 4 that it's coming this summer. Just say that we're getting 5 ready to take them out. 6 MR. ODOM: All right. 7 COMMISSIONER LETZ: They certainly have plenty of 8 notice; they've been told several times. Mr. Bohnert was 9 told by me verbally recently. But maybe some of the other 10 people out there, say that, you know, this -- during our 11 summer program, these cattle guards are coming out. 12 MR. ODOM: All right. We'll send the ones that we 13 sent certified to; we'll renotify them. Do you want it 14 certified or registered? 15 COMMISSIONER LETZ: Either way. Whatever you want 16 to do. 17 MR. ODOM: My budget, that's what I'm worried 18 about. Okay, sir, we'll notify them. 19 JUDGE TINLEY: Mr. Emerson? 20 COMMISSIONER OEHLER: Just so we're sure they were 21 notified. 22 JUDGE TINLEY: Does the Court need to take any 23 action today to direct the removal at this point? 24 MR. EMERSON: I don't believe so, Judge. All the 25 statutory requirements have been met. 6-8-09 50 1 JUDGE TINLEY: Okay. 2 COMMISSIONER LETZ: Under -- under our -- the rules 3 that we -- that you submitted a month or so ago, I know you 4 have to bring it to the Court. Do we have to approve it as a 5 court? I know we've already done it kind of once on this 6 one, but on your -- under your new rules, I can't remember 7 what your final -- 8 MR. ODOM: I think that I had I would bring it -- I 9 said I would bring it to the Court for your authorization to 10 do that. And if any citizen had a complaint, then they 11 could -- it was their responsibility to come to the Court to 12 protest that. 13 COMMISSIONER OEHLER: That's what I remember. 14 COMMISSIONER LETZ: The Judge is reading it real 15 quick right now. 16 JUDGE TINLEY: It says they're removed during 17 scheduled maintenance under those circumstances. Road and 18 Bridge will present to the Court a road that meets that 19 criteria and seek authorization to notify. 20 COMMISSIONER LETZ: Done that already. 21 JUDGE TINLEY: After authorization -- after 22 Commissioners Court authorization to remove cattle guards, 23 Road and Bridge will provide six months notice of intent to 24 remove. 25 COMMISSIONER OEHLER: We did that already. 6-8-09 51 1 JUDGE TINLEY: That's what I'm thinking. 2 MR. ODOM: January 15th was the deadline that we 3 sent out. It's almost a year ago that we did that. 4 COMMISSIONER OEHLER: So, it's time to take them 5 out. It's okay; we've done everything. 6 COMMISSIONER LETZ: Right. 7 COMMISSIONER WILLIAMS: Far as I know, we have. 8 COMMISSIONER OEHLER: Okay. 9 COMMISSIONER LETZ: All right. 10 MR. ODOM: Best of my knowledge, we've followed -- 11 COMMISSIONER WILLIAMS: One question. That policy 12 was adopted on 4-13-09, correct? 13 COMMISSIONER LETZ: Correct. 14 COMMISSIONER WILLIAMS: Okay. Would that mean, 15 Mr. County Attorney, that the six-month clock starts running 16 from 4-13-09? Or from the previous time we took the 17 discussion? 18 MR. EMERSON: Starts from the previous time of 19 discussion and the initial notification. 20 COMMISSIONER WILLIAMS: Thank you. 21 MR. ODOM: All right, sir. Thank y'all. 22 JUDGE TINLEY: Thank you. It is now 10 o'clock, 23 and we are to Item 10, which is a timed 10 o'clock item; 24 consider, discuss, and take appropriate action to approve the 25 audit of the basic financial statements and supplementary 6-8-09 52 1 information for the year ended September 30th, 2008. 2 Ms. Hargis? 3 MS. HARGIS: Good morning. I would like to 4 introduce Mr. Keith Neffendorf from our audit firm so that he 5 can present the audit to you. Keith? 6 MR. NEFFENDORF: Good morning. How are y'all? 7 COMMISSIONER BALDWIN: Hi. 8 COMMISSIONER WILLIAMS: Morning. 9 MR. NEFFENDORF: Anyway, we did the audit for the 10 County this past fiscal year. And in the past, under -- as 11 you recall, starting in about 2004, we are now under GASB 34 12 requirements. Therefore, as you can see in the audit report, 13 you will have two sets of financial statements. One set will 14 be under the full accrual accounting with all your 15 depreciation on your fixed assets and your long-term debt, 16 and the other set will be what I like to call basically the 17 old governmental statements where they'll just show your 18 assets for each individual fund and give the income, 19 revenues, and expenses on that basis. What I'd like to do is 20 just go through and hit the high points. If you have any 21 questions, you can stop and ask me at any time. If not, if 22 you get some later, just give us a call. 23 The -- after the index, starting on Page 1, this is 24 the independent auditor's report, stating we have made an 25 audit of the financial statements for the county of Kerr as 6-8-09 53 1 of and for the year ended September 30th, 2008. In the third 2 paragraph there, we state, in our opinion, the financial 3 statements referred to above present fairly the financial 4 position of the county as of September 30th, 2008. This is 5 the standard auditor's clean opinion letter, top of the line, 6 best you can get. That's what every county finance 7 department and commissioners court strives for. The next 8 section, Management Discussion and Analysis, Pages 2 through 9 8, is a requirement of GASB 34. We're not required to give 10 an opinion on it. That's why it's labeled "unaudited." What 11 it is, is additional information in summary form of your 12 financial statements, and gives a narrative summary, and it's 13 real good information for your readers, but I'm not going to 14 go over it. Like I say, most of the time we get comments 15 that they -- most people just like to read this; they get a 16 good overview of your financial statements. But I'm going to 17 actually go over some of the numbers in the actual financial 18 statements that we give an opinion on. 19 Starting on Page 9, Statement of Net Assets, this 20 is the equivalent to a balance sheet for enterprise. And 21 like I said before, this is under GASB 34; this includes all 22 your capital assets that are related to depreciation, and 23 also your long-term debt. So you can see, including all your 24 capital assets, the total assets for the county as of 25 September 30th, 54,692,000. Your liabilities, including 6-8-09 54 1 long-term debt, were 6,987,000, so you had net assets 2 equivalent of retained earnings or stockholder equity for the 3 county of 47,704,000, of which you can see that bottom 4 number, under unrestricted net assets, 4,531,000 is just what 5 it says, unrestricted. And anybody who knows financial 6 statements would say this is a very good financial statement, 7 a good position to be in. Any company would love to have 8 54 million in assets, almost 7 million in debt. Strong 9 equity position. 10 Page 10 is the statement of activities. This is 11 the equivalent of an income statement, and that's what GASB 12 34 calls it, though, statement of activities. It's a little 13 different format than the regular income statement, but gets 14 to the same bottom line as an income statement would. So, 15 you can see the first column, you start out with the expenses 16 for the county by those functions, and remember, these 17 include depreciation, so your total expenses for the county 18 were 22,351,000. You subtract off what they call program 19 revenues and the first column, charges for services. These 20 are all your fines and fees collected by the various offices. 21 And the operating grants and contributions, these are the 22 money received from the state. Comes up to a net expense of 23 -- for the county of 18,104,000. How that was financed is 24 shown there in the general revenues. You have your property 25 taxes for general purposes, and debt service, 12,700,000. 6-8-09 55 1 The other taxes, including sales taxes, almost 3 million, and 2 you have your grants and contributions, miscellaneous, 3 investment earnings, so the total general revenues, 4 17,927,000. So, for the year, you had a net change, a 5 deficit of 176,000. That would be the loss for the year. 6 JUDGE TINLEY: Excuse me. 7 MR. NEFFENDORF: Yes, sir? 8 JUDGE TINLEY: The -- included within those 9 expenses are non-cash type items, such as depreciation? 10 MR. NEFFENDORF: Yes, sir. 11 JUDGE TINLEY: How much depreciation or non-cash 12 items did we have? 13 MR. NEFFENDORF: About 1.7 million. 14 JUDGE TINLEY: Okay. So that greatly exceeds the 15 so-called -- 16 MR. NEFFENDORF: Loss. 17 JUDGE TINLEY: -- deficit of 176,000. 18 MR. NEFFENDORF: Oh, yeah, mm-hmm. And that's -- 19 and I'll get to that after a while when we reconcile the 20 governmental to GASB; you'll see the different amounts that 21 come into play. But, yes, sir, that is a correct statement. 22 That $176,000 loss for the year includes about 1.7 in 23 depreciation. 24 COMMISSIONER WILLIAMS: Which, in effect, becomes a 25 deduction of net assets. 6-8-09 56 1 MR. NEFFENDORF: Right, mm-hmm. 2 COMMISSIONER WILLIAMS: Okay. 3 MR. NEFFENDORF: Pages 11 and 12 is the balance 4 sheet for the governmental funds. This is the old -- what I 5 like to call the governmental basis. This doesn't include 6 fixed assets. And you can see, it's across the top there for 7 the general fund. The assets were 3,651,000. Liabilities of 8 accounts payable, deferred revenues of 1,077,000. So, a net 9 fund balance of 2.574 million, which is real good. Road and 10 Bridge had assets of 575,000, liabilities of 78,000. Also 11 had a fund balance of almost 500,000. And, of course, your 12 capital projects fund, this is the moneys -- the fund used to 13 account for the C.O.'s, the tax notes that were issued, and 14 the remaining balance just shows the cash of a little over a 15 million, and the remaining balance of a little over a million 16 in the fund balance. Non-major, these are all your little 17 special revenue funds, your debt service fund, that shows the 18 accumulated totals there. Then you have the total of all the 19 governmental funds for the county. Had assets of 6,720,000, 20 liabilities of 1,343,000, so a net fund balance of 5,377,509, 21 which is real good for a governmental fund section. 22 You take that fund balance of 5,377,000; top of the 23 next page there is how we reconcile from governmental to 24 GASB. You add back your net book value of all your assets, 25 minus long-term debt; that's that $41,397,000 figure. You 6-8-09 57 1 add back your current year capital outlay and long-term debt 2 principal payments, 794,000, subtract your depreciation 3 expense for the year of 1,738,000. You add back your other 4 adjustments going from the modified accrual to the accrual 5 basis and reclassifying the tax note proceeds as a liability, 6 so that's 1,874,000, so you come up with your GASB 34 net 7 assets of 47,704,000. 8 Pages 14 and 15 are the statement of revenues and 9 expenditures for the governmental funds, and this is on the 10 governmental basis, so it does not include the depreciation. 11 On the general fund, the revenues were 14,467,000. 12 Expenditures, 14,419,000, so it had $48,175 debt -- I mean, 13 excess. You add back your capital lease proceeds, 182,000, 14 so you had a net change positive for the year of the general 15 fund, 230,000. Road and Bridge had expense -- revenues of 16 2,458,000, expenditures of 2,517,000, so it had a deficit of 17 58,000 for the year. Capital projects, of course, like I 18 said, just earned some interest. You issued the tax notes of 19 1,780,000, and you spent capital outlay, 743,000, so it had a 20 net change positive of 1,025,000. Your other major -- 21 non-major governmental funds, special revenue funds, debt 22 service funds were shown there, and had a deficit of 377,000 23 for the year. Put all the governmental funds together, your 24 revenues for the county were 21,830,000, expenditures of 25 22,943,000, so a deficit of 1,113,000. After you add back 6-8-09 58 1 your capital note proceeds, you had a positive change for the 2 year of 819,353. 3 Take that number to the top of the next page, and 4 this is again how we reconcile to GASB 34. Add back your 5 current year capital outlay, the long-term debt principal 6 payments, 794,000, subtract your depreciation of 1,738,000. 7 Give you some adjustments for modified accrual through 8 accrual basis, 51,000, so that's how you come up with the net 9 loss on the GASB 34 of 176,000. So, you can see on the 10 governmental basis, you had an $820,000 positive, and then it 11 was turned -- changed into a loss on the GASB 34 due to 12 depreciation. Page 17, that just shows the summary of all 13 the agency funds. These are the fee accounts held by the 14 various offices, and show the balance at the end of the year, 15 551,000. 16 Page 18 starts the notes to the financial 17 statement. These are additional disclosures required by 18 generally accepted accounting principles. The first part of 19 them I won't go over. The first few pages just cover the 20 basic presentation of what I've already gone over between the 21 GASB 34 and the governmental funds and statements. The notes 22 I'd like to point out, first one is on Page 24, the deposits 23 and investments. The County's deposits at the bank were 24 fully insured or covered by FDIC insurance or pledged 25 collateral at the end of the year, and they were in 6-8-09 59 1 accordance with the Public Funds Investment Act. The second 2 part of that, halfway -- halfway down, shows the deposits and 3 temporary investments with the bank, and then also TexPool, 4 showing the 4,828,000 balance there. And even though TexPool 5 isn't covered by FDIC insurance or pledged securities, they 6 do have built-in safeguards, and it is in accordance with the 7 Public Funds Investment Act. Therefore, all the County's 8 funds were covered and in compliance with the Public Funds 9 Investment Act. 10 The other notes -- Note 3B just gives a summary of 11 the receivables breakdown. Note 3D gives a breakdown of the 12 capital assets, showing the additions and deletions and the 13 balances. And then it -- the next page shows the 14 depreciation expense by those functions. Note 3F is on your 15 long-term liabilities, and for last year, you can see you 16 issued tax notes of 1,780,000, capital leases of 182,000. 17 Your retired were 1,431,000, so you had a balance 5,682,000. 18 And the top of the next page also gives the detailed 19 information on each one of those certificates of obligation 20 notes payable, showing the balances at the end of the year. 21 And after that, we give a summary of the next five years, 22 what the requirements are, principal and interest. Likewise, 23 on Page 29, for the capital lease obligations through 24 Security State Bank, Caterpillar, and Ford Motor Credit, 25 shows the balances at the end of the year, and it gives a 6-8-09 60 1 summary then of the minimum lease payments showing what's the 2 amount due over the next five years. 3 Note 3G, retirement system. The County's a member 4 of the Texas County and District Retirement System. This 5 disclosure is provided to us by them. It gives a summary of 6 the description of the funding policy and shows the County's 7 pension costs for last year, $821,096. Page 31 just gives a 8 summary of the actuarial information, and once again, these 9 numbers are provided to us by the T.C.D.R.S., showing that -- 10 you can see there at the bottom there, 2-31-07, the actuarial 11 value of assets of 19,612,000, liability of 21,996,000, so 12 the funded ratio was 89.16. So, you can see that your funded 13 ratio stayed about the same, which is real good. Because 14 it'll be interesting to see -- the 12-31-08 numbers will be 15 coming out here in the next month; we'll see what that -- you 16 know, the -- the Texas Municipal Retirement System, they 17 already had started seeing a hit on their 12-31-07 numbers, 18 so we shall see what the -- but, I mean, 89 percent is real 19 good funded ratio. That's one of the higher ones I've seen. 20 3H is just a summary of the County and City 21 operation of the municipal airport; that just gives the 22 separate financial statements for the airport operations. 23 3I on your risk management, y'all are covered under various 24 risks of loss through the -- insurance through the Texas 25 Association of Counties. They give the disclosure on them. 6-8-09 61 1 Note 3J just on your operating leases, what the commitments 2 are. And then you have your other final adjustments on your 3 restricted net assets and the prior period adjustment to the 4 furniture, machinery, equipment. 5 Page 34, the supplemental statements, first one is 6 the budget to actual, the general fund; just shows compliance 7 with your budget. Your revenues, your final amended amount 8 budgeted, 14,318,000. You actually collected 14,467,000, so 9 you had a positive there of 148,000. Expenditures, your 10 final amended, 14,762,000; you actually spent 14,419,000, so 11 you had a positive there of 343,000. So, in total, after 12 your other financing sources, your net change, you planned a 13 deficit of 493,000; actually was a positive of 230,000, so it 14 a variance of 724,000 to the budget. Page 35, same statement 15 for the Road and Bridge comparison to the budget. Revenues 16 budgeted, final amount is 2,351,000. Actually collected 17 2,458,000. Positive variance of 106,000. Expenditures, you 18 budgeted 2,506,000, actually spent 2,517,000, so you're a 19 little over budget by $10,000. So, overall, you planned a 20 change deficit of 154,000; it was only 58,000, so you had a 21 positive variance for the budget. So, both statements show 22 positive variances with the budget. 23 The final two letters, the first one is internal 24 control and compliance. We had a test internal control used 25 for the financial statements, and in our audit of the county, 6-8-09 62 1 we found no major weaknesses. Compliance, we also had a test 2 for compliance with laws, contracts, grant agreements, and as 3 stated there, we found no instances of noncompliance. The 4 final letter is our letter to you. We have to disclose 5 certain items to the Judge and Commissioners, as y'all are 6 considered the board of governance for this entity. And the 7 first item there, that's just our responsibility under 8 generally accepted auditing standards. Significant audit 9 findings, there were none. There were no difficulties 10 encountered in performing the audit. There were no corrected 11 or uncorrected misstatements. There were no disagreements 12 with management. The other items shown there, these are not 13 material weaknesses, but they are items we feel like could be 14 improved for the County's financial reporting. First one, of 15 course, internal audits. And Jeannie had issues and some 16 staff turnover, so we just recommend that when she gets -- 17 and I think she's got that done now; she can start doing some 18 more internal audits. 19 And the second part, the County and District Clerk, 20 we found some of their smaller accounts where they are 21 holding money for the benefit of minors; we just recommend 22 that they keep a summary sheet of those to account for that, 23 keep track of it. And, finally, like I said, there was a 24 real -- it's a good financial audit. The County's in a good 25 financial position. And usually what most people want to 6-8-09 63 1 know is you got a clean opinion. You still have some cash in 2 the fund balance. Your cash and investments are secured and 3 in compliance with the Public Funds Investment Act, and your 4 budget-to-actual comparisons were favorable. So, those items 5 indicate that you've done a good job with your moneys, and we 6 appreciate the cooperation of Jeannie and her staff, all the 7 offices we visited, and you guys also, because you got to 8 make some tough decisions. And we were at a seminar last 9 week, two days in governmental accounting, and the big 10 overriding concern is the economy. So, luckily -- most of 11 the big cities have a big problem with sales tax. So far, 12 out here in the hill country area, we haven't -- we noticed a 13 little bit of drop, but not enough -- our biggest concern is 14 the property valuations. That would be a bigger drain on the 15 -- any of the governmental finances than the sales tax. But, 16 anyway, if y'all have any questions... 17 COMMISSIONER BALDWIN: My only question is, you -- 18 you have a glowing report. I mean, we're in good shape and 19 we take good care of the public's money. Are we in better 20 shape than Gillespie County? (Laughter.) 21 MR. NEFFENDORF: I defer that question. Anything 22 that might incriminate me. 23 COMMISSIONER BALDWIN: Same answer as last year, 24 wasn't it? 25 MR. NEFFENDORF: No. Overall, you know, the -- the 6-8-09 64 1 counties up here in the hill country area are all in -- in 2 good financial -- you know, they've all done a good job with 3 their money, and like y'all, you know, they're all in about 4 the same -- same range with the fund balances, and are 5 holding the line to keep their moneys spent well, and use of 6 the taxpayers' money and the debt, you know, overall. You 7 look at a lot of these out here in the hill country; the 8 amount of debt that we carry is a lot -- substantially less 9 than in big municipal counties. So, good -- yeah, it's 10 comparable. 11 COMMISSIONER BALDWIN: Thank you. 12 MR. NEFFENDORF: That's all I'll give you. 13 JUDGE TINLEY: Any other questions? 14 COMMISSIONER WILLIAMS: No, thank you. 15 JUDGE TINLEY: Ms. Hargis, do you or any of your 16 staff have any questions, or anyone else? 17 MS. HARGIS: No. We've been working with them, and 18 we're real pleased. 19 JUDGE TINLEY: Based on a straight cash operation, 20 looks like we're 820,000 to the good, and you plug in the 21 depreciation, and -- and our asset position declined because 22 of non-cash items to 176,000, right? 23 MR. NEFFENDORF: Right, mm-hmm. 24 COMMISSIONER WILLIAMS: Judge, this is an action 25 item, is it not, for the Court to approve it? 6-8-09 65 1 JUDGE TINLEY: I think -- I think we are required 2 to approve it. 3 COMMISSIONER WILLIAMS: I would move that we 4 approve the audit of the basic financial statements and 5 supplementary information for the year ending September 30, 6 2008, as presented by the auditor -- outside auditor. 7 COMMISSIONER BALDWIN: Second. 8 JUDGE TINLEY: We have a motion and a second for 9 approval of the agenda item. Question or discussion? 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: Motion does carry. Thank you very 15 much. 16 MR. NEFFENDORF: All right. Thank y'all. We 17 appreciate it. 18 COMMISSIONER BALDWIN: Thanks, Keith. 19 JUDGE TINLEY: Let's move to Item 11; consider, 20 discuss, and take appropriate action on agreement between 21 Kerrville Independent School District and the Kerr County 22 Juvenile Facility to provide educational services to the 23 juveniles housed at that facility. Mr. Stanton? 24 MR. STANTON: Yes, sir. After a lot of discussion, 25 lots of phone calls this morning, and conversations with 6-8-09 66 1 Mr. Emerson, we've come to the conclusion this is an 2 agreement that the juvenile -- between Kerrville ISD and the 3 Commissioners Court to allow Kerrville ISD to apply for 4 federal funds under the No Child Left Behind Act, and it's an 5 agreement that Mr. Emerson has reviewed, and he wants to do a 6 few minor clean-ups on the agreement. And what we're asking 7 is if you -- if the Commissioners Court would approve the 8 agreement pending the revisions that Mr. Emerson would like 9 to make. 10 JUDGE TINLEY: Subject to and to include the 11 modifications that he wishes to make to it? 12 MR. STANTON: Yes, sir. 13 COMMISSIONER WILLIAMS: Is this the same -- this is 14 a different agreement we have in place, or basically the 15 same? 16 MR. STANTON: Basically, the same agreement. 17 COMMISSIONER WILLIAMS: Move approval. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval as indicated. Question or discussion? All in favor 21 of the motion, signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: The motion carries. Thank you very 6-8-09 67 1 much. Let's move to Item 12; consider, discuss, and take 2 appropriate action to adopt an order based on the burn ban 3 status prohibiting the sale or use of restricted fireworks, 4 those being skyrockets with sticks and missiles with fins, in 5 any portion of the unincorporated area of Kerr County. 6 Commissioner Williams? 7 COMMISSIONER WILLIAMS: It is what it is, Judge. 8 It's skyrockets with sticks and missiles with fins time. I 9 move that the Kerr County Commissioners Court place into 10 effect a ban to prohibit the sale of those particular types 11 of fireworks for the July 4th weekend. 12 COMMISSIONER BALDWIN: And the reason that we do 13 this is because we're in drought conditions? 14 COMMISSIONER WILLIAMS: Yes, sir. 15 JUDGE TINLEY: 'Cause of the burn ban 16 considerations. 17 COMMISSIONER BALDWIN: I'm not real convinced that 18 we're in such a drought condition, myself. I mean, I'm going 19 to do a rain dance Friday -- no, I'll do it Thursday, right 20 after the dinner on the grounds. And -- 21 COMMISSIONER OEHLER: Not during. 22 COMMISSIONER BALDWIN: Huh? 23 COMMISSIONER OEHLER: Not during the dinner on the 24 grounds. 25 COMMISSIONER BALDWIN: No, not during the dinner on 6-8-09 68 1 the grounds, but right after. 2 COMMISSIONER LETZ: My question is, I think we're 3 in a drought right now, but say we start hitting some 4 significant rainy weather between now and the 4th of July. 5 Can we rescind this? 6 COMMISSIONER WILLIAMS: I would think we could. If 7 we enact it, we can rescind it. 8 COMMISSIONER BALDWIN: Well, if that's the case, 9 I'll go along with it. But I -- I thought about this all 10 weekend. I was trying to figure out a way -- if we put this 11 thing in place, I mean, if we vote for it today, how in the 12 world would you change it later on? I mean, it's designed to 13 look down the road. I mean, you can actually come back and 14 change it, do you think? 15 MR. EMERSON: You can rescind it. But if you don't 16 put it in place, there's certain statutory time frames, and 17 if you miss that date, you can not enact it later. 18 COMMISSIONER OEHLER: That's what I remember from 19 last year. 20 MR. EMERSON: So, if you don't act on it before the 21 time frames and it continues to be dry, it's too late. 22 COMMISSIONER BALDWIN: I understand that part. 23 JUDGE TINLEY: June 15th is the -- the cutoff date 24 for us to put this into effect. It could be rescinded after 25 that date, up to and including, I guess, 4th of July. 6-8-09 69 1 COMMISSIONER BALDWIN: Well -- well, that's 2 fantastic news; then I'm all for it. I'd hope that we'd keep 3 an open mind to the weather change, the rain cycles and all 4 that, as well as remember these folks that are in business 5 that sell these things. So, you know, if we -- when -- if we 6 can remember those things and consider them as we go along, 7 I'm certainly in favor of it. 8 COMMISSIONER LETZ: Maybe they should do rain 9 dances. 10 COMMISSIONER WILLIAMS: They probably do. 11 COMMISSIONER BALDWIN: I think they do. 12 COMMISSIONER WILLIAMS: Maybe they can join the 13 Commissioner with the rain dance. 14 COMMISSIONER OEHLER: I think we have to do this, 15 because we don't know what's going to happen. It could shut 16 off right now; we don't get another drop of rain. If it 17 does, we're going to have a bunch of drought conditions, but 18 if it rains, I'm more than willing to rescind it. 19 COMMISSIONER WILLIAMS: And the important thing, 20 this is the last opportunity we have to do it. 21 COMMISSIONER OEHLER: Right. It has to be done now 22 or you can't do it. 23 COMMISSIONER LETZ: Do we have a second? 24 COMMISSIONER WILLIAMS: I'll move approval of it. 25 COMMISSIONER LETZ: Second. 6-8-09 70 1 JUDGE TINLEY: I have a motion and a second. 2 Question or discussion on the motion? All in favor of the 3 motion, signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: The motion does carry. Let's go to 8 Item 13; consider, discuss, take appropriate action on 9 reviewing the status of interlocal agreement with City of 10 Kerrville concerning subdivision rules and regulations in the 11 ETJ. Commissioner Letz? 12 COMMISSIONER LETZ: I put this on the agenda based 13 on two meetings last week, and I think that everybody 14 received a copy of the letter I sent to the City Manager, 15 Todd Parton. And it's a slight change in the direction that 16 we had been going in the past, which is why I put it on the 17 agenda. And also, we do have some pending subdivisions; I 18 just want to make sure the whole Court was aware of my 19 discussions, and everyone's in still kind of agreement. 20 Long-term, it appears that we're going to have a new set of 21 rules for the ETJ, as we talked about before, and then we're 22 also going to divide geographically the ETJ up into more 23 urban areas and more rural areas. And -- and that's the 24 conversation that Todd Parton and I had at our second meeting 25 last week, kind of directionally, and then it was kind of 6-8-09 71 1 left at that meeting that I would kind of work with Kevin 2 Coleman to come up with a draft set of rules that will then 3 be presented to the committee from both the Council and 4 Commissioners Court. And then after that committee approves 5 it, get it back to these full bodies, kind of a direction 6 where we're going. 7 In the interim, the discussions have been that 8 developers are required to comply with both our sets of rules 9 until we get a new agreement. But it does not make sense for 10 developers to have to work with both entities, and also 11 that's contrary to state law. So, the idea is that, case by 12 case, we'll decide who's going to be the lead entity, though 13 the rules will be a combination of -- whoever has the 14 stricter rules will be what will be required of the 15 developer. And that's kind of where that -- where we are on 16 that one. Both of these items have not gone to City Council 17 yet to get their direction and approval, and I don't think 18 the new City Manager has really -- you know, has a direction 19 from the Council on these, so it'll kind of be interesting 20 after tomorrow night. 21 COMMISSIONER WILLIAMS: This letter is the letter 22 that's on the agenda for tomorrow night? 23 COMMISSIONER LETZ: Yes, this is the letter. I 24 really didn't know it was going to be a specific agenda item. 25 I thought it was going to be under a carrying item, but I 6-8-09 72 1 guess the City Manager thought it was important enough to put 2 it on as a -- a particular agenda item. 3 COMMISSIONER WILLIAMS: I think they mentioned -- 4 somebody mentioned to us when we met on the Colvin matter 5 that they have a standing agenda item that they can plug 6 these issues into. 7 COMMISSIONER LETZ: There is. They added an agenda 8 item, a specific agenda item. 9 COMMISSIONER WILLIAMS: This is an add-on? 10 COMMISSIONER LETZ: This is a consent item -- not a 11 consent item. 12 COMMISSIONER WILLIAMS: Discussion item. 13 COMMISSIONER LETZ: Consideration item for them to 14 look at this letter and -- and discuss it. 15 COMMISSIONER WILLIAMS: And you want me to be 16 there, yeah. Thank you. 17 COMMISSIONER LETZ: And either -- you know -- 18 COMMISSIONER OEHLER: Well, of course. 19 COMMISSIONER LETZ: Someone needs to be there. And 20 I don't mind, but -- you know, it may be appropriate for me 21 to be there as well. I think I'm going to be there. But 22 that's just kind of where it is. I don't know that we really 23 need to take any more action other than kind of discussing 24 where we are. And I wanted to -- because it is on the City's 25 agenda, and we're kind of doing a few things a little bit 6-8-09 73 1 differently than we had talked about previously. 2 JUDGE TINLEY: That's the direction it's headed? 3 COMMISSIONER LETZ: That's the direction it's 4 headed at the moment. 5 JUDGE TINLEY: Okay. 6 MR. McCORMICK: One thing, quickly. The Uvalde Gin 7 tract, on the same topic, I was curious whether there is 8 going to be an action taken on the concept plan for that. 9 COMMISSIONER LETZ: We generally don't. We don't 10 do -- you got approval conceptually. 11 MR. McCORMICK: Okay. I was just curious. 12 COMMISSIONER LETZ: We don't vote on these, because 13 we just -- it's more a discussion item. And -- 14 MR. McCORMICK: Okay. 15 COMMISSIONER LETZ: Until you get the actual 16 preliminary plat going. 17 MR. McCORMICK: Great, thank you. 18 COMMISSIONER LETZ: I think it will be real 19 important what City Council decides to do tomorrow. 20 MR. McCORMICK: Yeah. 21 JUDGE TINLEY: Anything else on that particular 22 item? It's 10:30. Why don't we take us about a 10-, 23 15-minute recess. 24 (Recess taken from 10:30 a.m. to 10:47 a.m.) 25 - - - - - - - - - - 6-8-09 74 1 JUDGE TINLEY: Okay, let's come back to order, if 2 we might. We were in recess. Why don't we first go to 3 Section 4 of the agenda, payment of the bills. 4 COMMISSIONER WILLIAMS: Move we pay the bills. 5 COMMISSIONER LETZ: Second. 6 JUDGE TINLEY: I have a motion and second to pay 7 the bills. Question or discussion? 8 COMMISSIONER BALDWIN: Oh, oh, oh, stand by for 9 news. I think I had some questions. I'm not going to ask 10 that one, because it's always so stupid to ask why lawyers is 11 making so dang much money off the taxpayers. And lawyers 12 again here. It's just -- you know, when I look at, like -- 13 like, 216th District Court, as an example, you look -- run 14 along there and some of them are $600 and $300, and $100, and 15 all of a sudden, $4,000? That's probably a -- they've been 16 running a tab up there or something. Here's one for 2,600. 17 You know, how -- how does that happen? What's that about? 18 Why is it so much more? 19 MS. HARGIS: I would be taking a real big guess in 20 saying that. Depends upon the type of case that it is. And 21 I know that Valdez one, I think, is a -- is a criminal type 22 of case. That's pretty large, been going on for a while, 23 because we've been doing some homework on it for some other 24 law firms. I don't know about the others, but we had to do 25 some open records for that one. I do know -- or have been 6-8-09 75 1 told that Judge Williams has actually pulled some of their 2 bills and reduced them, and has told some of them they won't 3 get paid for certain things. So -- 4 COMMISSIONER BALDWIN: What? 5 MS. HYDE: Wow. 6 COMMISSIONER BALDWIN: Are you serious? 7 MS. HARGIS: I am very serious. 8 COMMISSIONER BALDWIN: He's telling them they're 9 not going to get paid for work they've done, huh? Wonder how 10 this is going to work. 11 MS. HARGIS: Yeah, we'll see. 12 COMMISSIONER BALDWIN: That's pretty interesting. 13 MS. HARGIS: Not my call. 14 JUDGE TINLEY: I've got a feeling it's going to 15 work real good, because those are the boys that sign off, 16 that brings it -- 17 COMMISSIONER BALDWIN: It's about time. 18 JUDGE TINLEY: -- to her process. 19 COMMISSIONER BALDWIN: Page 6, third from the top 20 there, Environmental Health. Now, I'm an old washtub player. 21 Wash Tub vehicle-gas. How does that -- how do those two 22 words fit together? 23 MS. HARGIS: Wash Tub is the name of the facility. 24 That's the name of the vendor. And -- 25 COMMISSIONER BALDWIN: A gas station? I think 6-8-09 76 1 there's a washtub where you go do laundry. 2 MS. HARGIS: There's a Wash Tub -- the one on 3 Junction Highway is called the Wash Tub. 4 COMMISSIONER WILLIAMS: On Thompson Drive, the 5 corner, that's a Wash Tub. The folks at San Antonio Wash Tub 6 bought that one. 7 COMMISSIONER BALDWIN: I'm always the last to know. 8 On down further down the page, the historical -- did I say it 9 right? Historical? 10 COMMISSIONER WILLIAMS: Same page? 11 COMMISSIONER BALDWIN: Historical Commission 12 reimbursement. Can you tell what that is about? I meant to 13 look at that before I came in here, and didn't get to it. 14 MS. HARGIS: My pages and your pages are not 15 coinciding, so -- 16 COMMISSIONER BALDWIN: It's -- 17 MS. HARGIS: Page 6? 18 COMMISSIONER BALDWIN: Yeah, Page 6 on mine. 19 COMMISSIONER LETZ: County-Sponsored. 20 COMMISSIONER WILLIAMS: Under County-Sponsored. 21 MS. HARGIS: Oh, okay. 22 COMMISSIONER BALDWIN: There's two historicals, 23 about a little over $500 reimbursement. 24 MS. HARGIS: Not without having the bill. I think 25 that they -- they're reimbursing, I think, for conference and 6-8-09 77 1 travel here, if I recall. 2 COMMISSIONER BALDWIN: Okay. And this wouldn't be 3 here if the money wasn't in the budget. I mean, you wouldn't 4 put this before me unless the money -- 5 MS. HARGIS: No, and they also have some donated 6 money that they -- 7 COMMISSIONER BALDWIN: Where'd that darn County 8 Attorney thing go? Okay, Page 9. I think this is probably a 9 question for somebody up here. Lane Wells -- Wayne Wells, 10 consultant. His bill here is $511. Is that kind of on -- on 11 our schedule, or are we going to run out of money in that 12 line? Or does anybody know the status of that? 13 COMMISSIONER LETZ: Most of his get billed back to 14 the developer. 15 COMMISSIONER BALDWIN: Okay. 16 COMMISSIONER OEHLER: Yeah. 17 COMMISSIONER BALDWIN: So, this is -- 18 COMMISSIONER LETZ: He does very little that's not 19 billed back to a developer. 20 COMMISSIONER BALDWIN: So this is just kind of a 21 pass-through type thing? 22 COMMISSIONER LETZ: I would think so. But I -- 23 COMMISSIONER BALDWIN: So we pay him the $511, and 24 then we collect it from some developer or something? 25 COMMISSIONER LETZ: Right. 6-8-09 78 1 COMMISSIONER WILLIAMS: That's how it's supposed to 2 work. 3 MS. HARGIS: I'll check on that. 4 COMMISSIONER BALDWIN: Got to be an easier way. 5 COMMISSIONER OEHLER: That's the way it's supposed 6 to work with floodplain administration. 7 JUDGE TINLEY: Except those are set fees. And -- 8 COMMISSIONER OEHLER: Right. 9 JUDGE TINLEY: -- we just try to set an amount that 10 would recoup our costs. 11 COMMISSIONER OEHLER: I think Wayne is on an hourly 12 rate, isn't he? 13 COMMISSIONER LETZ: Hourly rate for this, I think 14 it's $75 a hour. I think. 15 COMMISSIONER BALDWIN: Page 13, Tyler Technology 16 expense. 17 MS. HARGIS: This is their quarterly soft -- 18 COMMISSIONER BALDWIN: Sorry? 19 MS. HARGIS: Quarterly software. The quarterly 20 software maintenance payments. 21 COMMISSIONER BALDWIN: Okay. 22 MS. HARGIS: It comes out of the technology fund. 23 COMMISSIONER BALDWIN: Okay. So, I see this four 24 times a year? 25 MS. HARGIS: Yes. 6-8-09 79 1 COMMISSIONER BALDWIN: Okay. 2 COMMISSIONER OEHLER: Ms. Hargis, do you have a 3 bill in here for anything? I haven't seen a bill with your 4 name on it. Guess you didn't have any bills this month. 5 Unless I'm completely blind, and I could be. 6 COMMISSIONER BALDWIN: That's all I have. 7 MS. HARGIS: I can't answer that right now. 8 COMMISSIONER BALDWIN: So, these -- these attorney 9 bills, we're saying that some of them are -- are more 10 important than others. Like, on Page 1, Court-appointed 11 civil attorneys, Ms. Sandidge is 2,300. And the next big one 12 is $200. Okay. 13 MR. EMERSON: What typically happens on those, 14 Buster, is on your C.P.S. cases, that's usually where your 15 large civil bills come in. Those cases may go on a year, 16 year and a half, two years, and then they'll bill when 17 they're over. 18 COMMISSIONER BALDWIN: So they just run a tab on 19 them? That's what I suspected. Thank you for that, 20 counselor. 21 JUDGE TINLEY: Any other questions or comments? 22 All in favor of the motion, signify by raising your right 23 hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 6-8-09 80 1 (No response.) 2 JUDGE TINLEY: The motion does carry. Do we have 3 any budget amendments? 4 MS. HARGIS: No budget amendments. 5 JUDGE TINLEY: I believe we have one late bill? 6 MS. HARGIS: Right. 7 JUDGE TINLEY: Is that correct? 8 MS. HARGIS: Yes. This is the -- Animal Control 9 requested -- called and requested to be able to purchase, I 10 believe -- I have not personally seen the bill, 'cause I 11 wasn't there when it came in on Friday, but -- and this 12 vendor we don't have an account with. So, I believe these 13 were fire -- guns of some sort. 14 COMMISSIONER WILLIAMS: What is this? 15 COMMISSIONER OEHLER: Three guns. They are -- the 16 guns are wore out, and some of them are almost nonfunctional. 17 This is for three new guns, and what they are is, they are a 18 combination .22/410. 19 COMMISSIONER WILLIAMS: I thought that's what it 20 was, but the vendor's name kind of threw me. 21 COMMISSIONER OEHLER: Yeah, I know. That does kind 22 of make things confusing, doesn't it? That's what it is; 23 it's for three new -- three new guns for Animal Control. 24 JUDGE TINLEY: And this is what they use for their 25 darts, right? 6-8-09 81 1 COMMISSIONER OEHLER: No, this is not what they use 2 for their darts. 3 JUDGE TINLEY: Okay. 4 COMMISSIONER OEHLER: This is to take care of some 5 animals when they need to euthanize things on the side of the 6 highway, or if they get, you know, animals they need to do 7 something with at the shelter for rabies. They -- 8 JUDGE TINLEY: Rapid dispatch. 9 COMMISSIONER OEHLER: Rapid dispatch. That's a 10 good term. 11 JUDGE TINLEY: Thank you. 12 COMMISSIONER WILLIAMS: Called a put-down, right? 13 COMMISSIONER OEHLER: That's exactly what it is, 14 rapid dispatch put-down. 15 JUDGE TINLEY: Do I hear a motion to approve the 16 late bill? 17 COMMISSIONER LETZ: So moved. 18 COMMISSIONER OEHLER: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval. Question or discussion? All in favor, signify by 21 raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: I've been presented with monthly 6-8-09 82 1 reports from Constable, Precinct 1, County Clerk, and 2 Environmental Health. Do I hear a motion that those reports 3 be approved as presented? 4 COMMISSIONER LETZ: So moved. 5 COMMISSIONER OEHLER: Second. 6 JUDGE TINLEY: Motion made and seconded for 7 approval of the monthly reports as presented. All in favor, 8 signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: Motion does carry. Oh, hold for a 13 minute; we have another report of cash position, results of 14 operation for eight months ended May 31, 2009, furnished by 15 the Auditor. Rather lengthy -- lengthy report. I guess, 16 technically, that could have been under the -- is this going 17 to be a monthly report, Ms. Hargis? Or is this going to be 18 quarterly or periodically? 19 MS. HARGIS: No, this is a monthly report that I'm 20 required, actually, to give to the District Judge, and so 21 we're going to start -- you're going to start seeing this on 22 a monthly basis. 23 JUDGE TINLEY: Okay. 24 MS. HARGIS: And then I think you also have another 25 one on payroll, a payroll report that is also required by 6-8-09 83 1 statute. And Ms. Williams and I -- the Treasurer will be 2 presenting that on a monthly basis. We found in the statutes 3 where we're supposed to be providing you with the payroll for 4 you to approve every month, and so we're kind of doing it 5 after the fact, because we don't have it. So, you have for 6 the month of May in front of you. 7 MS. WILLIAMS: One short. 8 MS. HARGIS: We've been trying, she and I together, 9 to be sure that we're getting out all the reports that we're 10 supposed to get to you, and this is one we do need to present 11 to you on a monthly basis. And we've given you the format 12 that we think is the simplest for you to review, and this is 13 your -- your total payroll, which includes all of the other 14 departments which we also do their payroll for. 15 COMMISSIONER BALDWIN: Ms. Hargis, you said you're 16 required by law -- 17 MS. HARGIS: Mm-hmm. 18 COMMISSIONER BALDWIN: -- to give this to the -- 19 to -- 20 MS. HARGIS: To you and the District Judge. 21 COMMISSIONER BALDWIN: A District Judge? 22 MS. HARGIS: 216th. 23 COMMISSIONER BALDWIN: The District Judge. And the 24 law says that? 25 MS. HARGIS: Mm-hmm. 6-8-09 84 1 COMMISSIONER BALDWIN: A District Judge gets these 2 reports? 3 MS. HARGIS: Yes, sir. It says in Section 114, I 4 believe it's .025 or .026 -- I believe I quoted that in my 5 letter -- that on a monthly basis, I am to give the District 6 Judge and the Commissioners Court a report, and that report 7 shall have, you know, certain things in it, which -- which 8 this one complies with. And the prior District Judge said 9 that he didn't feel that he had a need for it, because it 10 wasn't his responsibility. But because it's in the statute, 11 the current new District Judge would prefer that I do this, 12 so I am complying with the statute. 13 COMMISSIONER BALDWIN: I understand that. What 14 about 198th? 15 MS. HARGIS: I don't do the 198th books, so I 16 wouldn't be required. Junction would be required to give 17 them that. 18 COMMISSIONER BALDWIN: Junction does the 198th -- 19 nevermind. 20 COMMISSIONER WILLIAMS: So, the requirement is 21 predicated on the fact that the funds for 216th flow through 22 your office? 23 MS. HARGIS: Yes. 24 COMMISSIONER WILLIAMS: Funds for 198th do not. 25 That is the hook. 6-8-09 85 1 MS. HARGIS: Mm-hmm. 2 COMMISSIONER WILLIAMS: Got you. 3 JUDGE TINLEY: Easy enough to understand, isn't it, 4 Commissioner Baldwin? 5 COMMISSIONER BALDWIN: Shoot, yeah. I like it that 6 way. Let's see. We have Junction, Brady -- 7 COMMISSIONER WILLIAMS: Just out of curiosity, who 8 does submit that report? 9 MS. HARGIS: I don't know. 10 COMMISSIONER WILLIAMS: Okay. 11 COMMISSIONER BALDWIN: If anybody does. 12 COMMISSIONER LETZ: I'd be surprised if it's 13 submitted. 14 COMMISSIONER WILLIAMS: Okay. I'm not going there. 15 JUDGE TINLEY: With respect to the payroll report 16 for the two pay periods ending in May, and the auditor's 17 report on cash position and results of operation for eight 18 months ending May 31, 2009, do I hear a motion that those 19 reports be approved as presented? 20 COMMISSIONER LETZ: So moved. 21 COMMISSIONER OEHLER: Second. 22 JUDGE TINLEY: Motion made and seconded for 23 approval. Question or discussion on the motion? All in 24 favor of the motion, signify by raising your right hand. 25 (The motion carried by unanimous vote.) 6-8-09 86 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: That motion does carry. 4 COMMISSIONER LETZ: Judge, can I ask a question 5 before we leave that item? 6 JUDGE TINLEY: Surely. 7 COMMISSIONER LETZ: If we are fully staffed, what 8 is our payroll? Is there a number that you come up with -- I 9 mean -- 10 MS. HARGIS: Because of overtime and fluctuation, 11 it's going to fluctuate on a monthly basis. And we also have 12 part-time people that will come in and go out. We have 264.5 13 positions currently funded in this budget. 14 COMMISSIONER LETZ: I mean, this report would be 15 useful if I knew what a benchmark was that I was looking at. 16 But to me, this is just -- to see a payroll number, I don't 17 know -- I mean, we went down -- or increased by almost 9,000. 18 MS. WILLIAMS: The payroll from May the 18th was 19 for election workers for the City's election, that normally 20 we don't have. Normally, we would just have the 15th and the 21 end of the month. But sometimes somebody may not turn their 22 time sheet in on time, and H.R. is real good about wanting to 23 get these people paid. So, that's why we are a little bit 24 different. But normally, if you take the 15th and the end of 25 the month, that's roughly what we've been running. It's been 6-8-09 87 1 running a million, three, up. 2 COMMISSIONER LETZ: Okay. 3 MS. HARGIS: We estimate the total is about 4 $12 million for the year. 5 MS. HYDE: Also, on the report, keep in mind that 6 the S.O., the J.D.C., most -- most of the offices that are on 7 law enforcement, the 171, do their overtime on the last 8 payroll of the month, not the first payroll of the month. 9 So, if you're looking for without O.T., for the most part, 10 your 15th will be closer to without O.T. or anything like 11 that. 12 COMMISSIONER LETZ: So, your second pay period is 13 always going to be higher than the first? 14 MS. HYDE: Yes, sir, it should be. 15 JUDGE TINLEY: Okay. Okay. Do we have any reports 16 from any Commissioners in connection with their liaison 17 assignments? 18 COMMISSIONER BALDWIN: No, sir. Thank you. 19 JUDGE TINLEY: Commissioner Williams? 20 COMMISSIONER WILLIAMS: No, sir. 21 JUDGE TINLEY: Commissioner Letz? 22 COMMISSIONER LETZ: I had a brief conversation with 23 Commissioner Oehler about the management discussion. I hope 24 everyone takes time and reads that carefully, since -- you 25 know, I won't say I wrote the whole thing this year, but I 6-8-09 88 1 edited it, and the auditor -- not the Auditor; I guess the -- 2 our auditing firm wrote the first draft, and I went through 3 and made some modifications to it. I just want to make sure 4 everyone's -- 5 COMMISSIONER WILLIAMS: Very enjoyable reading. I 6 read it. (Laughter.) 7 COMMISSIONER OEHLER: Yeah. 8 JUDGE TINLEY: We appreciate the opportunity to 9 take advantage of -- of your work, Commissioner. We 10 appreciate that. 11 COMMISSIONER LETZ: Everything else I already 12 discussed today in other areas. 13 JUDGE TINLEY: You know, with respect to that 14 management discussion and analysis, the consensus that I've 15 heard is that you've done such an excellent job on it this 16 year and in years past that we feel it's appropriate that you 17 continue doing that because of your ability and experience. 18 COMMISSIONER LETZ: Thank you, Judge. 19 COMMISSIONER OEHLER: Mainly experience. 20 COMMISSIONER WILLIAMS: Also, he has it in his 21 computer. 22 JUDGE TINLEY: Anything else? 23 COMMISSIONER LETZ: No, that's it. I think that's 24 it. 25 JUDGE TINLEY: Commissioner Oehler? 6-8-09 89 1 COMMISSIONER OEHLER: Not much. I talked to Janie 2 this morning about the -- that's the reason, you know, I stay 3 fairly informed with my liaison duties with the various 4 departments. Anyway, Janie called me this morning, and it 5 seems that those guns cannot be -- they can't just be titled 6 Kerr County. They have to have a name whenever they're -- 7 when they, you know, fill out the yellow sheets and all that, 8 who they're registered to. So it's going to say, "Kerr 9 County/Janie Whitt." And so at some point in time, if Janie 10 ever leaves employment, we'll have to change that to whoever 11 the new person might be. 12 COMMISSIONER LETZ: We can put them in your name. 13 COMMISSIONER OEHLER: I don't think so. I don't 14 guess Rusty wanted them either, so I guess it's whoever the 15 managing party is in that facility. But that's about it. 16 JUDGE TINLEY: Okay. Do we have any reports from 17 elected officials? Department heads? Here's John. 18 MR. TROLINGER: Good morning. The Sheriff's not 19 here, so I might get a couple words in edgewise today. So, 20 it would be a good vacation for us also. (Laughter.) Our 21 I.T. specialist turned his resignation in this past Monday. 22 I know you'd all heard about it, but I wanted to inform you 23 directly. I've also gone to each -- most departments and 24 officials and informed them directly, in person. The plan 25 right now is -- is to post on the web site only the opening 6-8-09 90 1 for I.T. specialist, and if that turns out well, then we'll 2 go ahead and take those applications and work from those. If 3 not, we'll then post to the newspaper, so we'll save a little 4 bit of money there. 5 JUDGE TINLEY: Do you have a listserve that -- that 6 you work through, like so many of these other departments do 7 that is directed to I.T. type people? 8 MR. TROLINGER: There is. There's a statewide 9 county listserve that gets very good participation. 10 COMMISSIONER LETZ: And you'll be -- you're posting 11 it on that? 12 MR. TROLINGER: Well, I could. I hadn't considered 13 doing that. It would be -- I don't want to appear that I'm 14 stealing from other counties, -- 15 COMMISSIONER BALDWIN: Why not? 16 MR. TROLINGER: -- their employees. 17 JUDGE TINLEY: Exactly my question, Commissioner. 18 Why not? 19 MR. TROLINGER: But, sure. Certainly, I -- 20 COMMISSIONER OEHLER: Just don't want to get stuck 21 with some other county's problem child. 22 MR. TROLINGER: Well, if someone wants to come to 23 Kerrville, it's very possible someone needs to move here. 24 Okay, I'll post it there. That's a great idea. 25 COMMISSIONER OEHLER: We've been faced with that 6-8-09 91 1 before. 2 JUDGE TINLEY: Also been the stuckor as opposed to 3 stuckee, too. 4 MR. TROLINGER: The second item I've got, it didn't 5 make the agenda this time, but next time it should make the 6 agenda, is Hill Country Telephone has a proposal for us with 7 a -- a concentrator they'd like to put on our property. I've 8 sent y'all some pictures via e-mail, and that should be on 9 the next agenda. If there are any questions or if you want 10 to see the equipment in person, it would be a good time to do 11 it probably in the next couple of weeks. Looks like it's 12 going to be a pretty good deal for us. 13 JUDGE TINLEY: Thank you. 14 MR. TROLINGER: Thank you. 15 JUDGE TINLEY: Any other department heads? 16 MS. HYDE: Just a reminder that Wednesday -- sorry. 17 JUDGE TINLEY: You'll have to get real close so we 18 can hear you. 19 MS. HYDE: Just a reminder that Wednesday we're 20 going to all get together and work on the policy book up in 21 Jury Room 2. So, y'all are more than welcome. And we're 22 going to have sandwiches and chips if it extends into the 23 lunch hour, which hopefully -- 24 JUDGE TINLEY: You're bribing with food now. 25 MS. HYDE: Absolutely. 6-8-09 92 1 COMMISSIONER WILLIAMS: Wednesday? 2 MS. HYDE: Yes, sir, Wednesday morning at 3 9 o'clock. 4 COMMISSIONER WILLIAMS: What time? 5 MS. HYDE: 9:00 upstairs in Jury Room 2. There's 6 free coffee and, I think, water. 7 COMMISSIONER LETZ: Water is free. 8 JUDGE TINLEY: Bottled water? 9 MS. HYDE: No, it ain't bottled water, Judge. You 10 have to get it out of that thing. 11 JUDGE TINLEY: Anybody else? Okay. We will go out 12 of public or open session at 11:10 to go into executive or 13 closed session and take up an item on the agenda. 14 (The open session was closed at 11:10 a.m., and an executive session was held, the transcript of which 15 is contained in a separate document.) 16 - - - - - - - - - - 17 JUDGE TINLEY: Okay, we're back in open or public 18 session at 11:18. Does any member of the Court have anything 19 to offer with regard to anything considered in executive or 20 closed session? 21 MR. EMERSON: Go ahead. Then I'll -- 22 COMMISSIONER LETZ: I was going to make a motion 23 that we authorize Ilse Bailey to represent the County in -- 24 MS. BAILEY: Mediation. 25 COMMISSIONER LETZ: -- mediation on -- can I say 6-8-09 93 1 E.E.O. -- 2 MS. BAILEY: E.E.O.C. 3 COMMISSIONER LETZ: -- an E.E.O.C. pending matter 4 on June 29th. 5 JUDGE TINLEY: With her authority to be subject to 6 the later approval by Commissioners Court of any action that 7 she takes? 8 COMMISSIONER LETZ: Judge, you're clairvoyant. 9 COMMISSIONER WILLIAMS: Second. 10 COMMISSIONER OEHLER: Second. 11 JUDGE TINLEY: Motion made and seconded as 12 indicated. Question or discussion on the motion? All in 13 favor of the motion, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: That motion does carry. 18 MR. EMERSON: Just a quick comment. If this Court 19 were to receive a subpoena for the executive session 20 conversation, we would respectfully request immediate 21 notification so we can file a motion to quash based on it 22 being attorney/client privilege in litigation. 23 JUDGE TINLEY: Okay. Anything else? Anything else 24 at all to come before the meeting? We'll be adjourned. 25 (Commissioners Court was adjourned at 11:19 a.m.) - - - - - - - - - - 6-8-09 94 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 10th day of June, 2009. 8 9 JANNETT PIEPER, Kerr County Clerk 10 BY: _________________________________ Kathy Banik, Deputy County Clerk 11 Certified Shorthand Reporter 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6-8-09