1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, August 10, 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 August 10, 2009 2 PAGE 3 --- Commissioners' Comments 6 4 1.1 Consider/discuss, approve amending Court Order No. 31347, replacement of Election Judges and 5 Alternates for the term of one year in accordance with Texas Election Code Section 32 10 6 1.2 Presentation of audit report of the Office of 7 Court Compliance 11 8 1.3 Consider/discuss, take appropriate action to declare certain personal property as surplus; 9 authorize disposing of same 12 10 1.5 Consider/discuss, take appropriate action to allow Maintenance Department to reconfigure their 11 office space in the basement of the courthouse 13 12 1.7 Consider/discuss, take appropriate action to authorize participation by Road and Bridge with 13 City of Kerrville on sealcoating project for Alamo Drive North, Olympic Drive North, and San Jacinto 14 Drive North, Precinct 3 14 15 1.8 Consider/discuss, take appropriate action to verify areas of interest in each precinct for 16 Zone A Floodplain studies, Pct. 1, 2, 3 and 4 15 17 1.4 Consider/discuss, take appropriate action regarding black fire hydrants, MOU's and ESD's 25 18 1.6 Consider/discuss, take appropriate action to 19 allow Headwaters Groundwater Conservation District to drill a monitoring well on Lower Reservation 20 Road, Precinct 4 34 21 1.9 Consider/discuss, take appropriate action to set public hearing for private road name, Moorhead 22 Road East, Precinct 2 38 23 1.10 Consider/discuss, take appropriate action on Kerr County Appraisal District's proposed budget 24 amendment 39 25 3 1 I N D E X (Continued) August 10, 2009 2 PAGE 1.11 Consider/discuss, take appropriate action on 3 contract for professional services received from Allison, Bass and Associates, LLP, 4 regarding extension of Chapter 258, Texas Transportation Code 40 5 1.13 Consider/discuss, take appropriate action on 6 implementation of the Burn Ban 46 7 1.14 Consider/discuss, take appropriate action to approve and adopt the Personnel Policy -- 8 1.15 Consider/discuss, take appropriate action on 9 appeal of DFC's set by GMA9 47 10 1.16 Consider/discuss, take appropriate action to request public hearing in compliance with SB1685 11 to establish a District Court Technology Fund, set a fee not to exceed $5 to be assessed on the 12 filing of civil actions, and approve District Clerk's annual plan for preservation/restoration 13 of district court records archive 49 14 1.17 Consider/discuss, take appropriate action to comply with HB3637, establish a "County & District 15 Court Technology Fund", and set a filing fee not to exceed $10 to be assessed in each civil case 16 to be used only to digitize court records and preserve records from natural disasters 55 17 1.18 Consider, discuss and take appropriate action to 18 authorize RFP's for inmate food service 59 19 1.19 Consider/discuss, take appropriate regarding submission of application for a Homeland Security 20 grant for communications equipment 60 21 1.20 Consider/discuss, take appropriate action regarding approval of inmate housing contract between Kerr 22 County Sheriff's Office and Gillespie County Sheriff's Office 61 23 1.21 Consider/discuss, take appropriate action 24 regarding applying to local foundations for grant to upgrade audio-visual technology in 25 three courtrooms 70 4 1 I N D E X (Continued) August 10, 2009 2 PAGE 1.12 Consider/discuss, take appropriate action 3 regarding removal of Road & Bridge surplus property from fixed assets 77 4 1.22 Consider/discuss, take appropriate action 5 authorizing Road and Bridge to haul water to preserve and stabilize recently installed 6 at-risk landscaping at the courthouse if needed 79 7 4.1 Pay Bills 83 4.2 Budget Amendments 83 8 4.3 Late Bills -- 4.4 Approve and Accept Monthly Reports 92 9 5.1 Reports from Commissioners/Liaison Committee 10 Assignments 92 5.2 Reports from Elected Officials/Department Heads 100 11 --- Adjourned 105 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 On Monday, August 10, 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: Okay. Good morning, ladies and 8 gentlemen. Let me welcome you to this regularly scheduled 9 Kerr County Commissioners Court meeting posted and scheduled 10 for this time and date, Monday, August 10, 2009, 9 a.m. It 11 is that time now. If you would, please stand and join me in 12 a moment of prayer and then a pledge of allegiance to the 13 flag of our country. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. At this time, if there's 16 any member of the public or the audience that wishes to be 17 heard on any matter that is not a listed agenda item, now is 18 your opportunity to tell us what's on your mind. If you wish 19 to be heard on an agenda item, we would ask that you fill out 20 a participation form. There should be some located at the 21 back of the room. It's not essential. It helps me to not 22 overlook you when we get to that item. However, if we get to 23 an item that you wish to be heard on, and you haven't filled 24 out a participation form, get my attention in some manner and 25 I'll see that you do have that opportunity. But right now, 8-10-09 6 1 if there's any member of the public that wishes to be heard 2 on any matter that is not a listed agenda item, come forward 3 tell us what's on your mind now. Seeing no one coming 4 forward, we'll move on. Commissioner Baldwin, we got you up 5 where everybody can see you now? 6 COMMISSIONER BALDWIN: Can y'all see me up here? 7 It's been years since anybody's fooled with my chair. 8 COMMISSIONER WILLIAMS: I wasn't here; don't blame 9 me. 10 COMMISSIONER BALDWIN: Yeah. I remember you 11 trading -- trading that thing years ago, though. I'm still 12 not through with my anger over that. 13 COMMISSIONER WILLIAMS: That's because you stole 14 mine. (Laughter.) 15 COMMISSIONER BALDWIN: Judge, I wanted to bring 16 this thing here up. It's -- I received it from the Veterans 17 Administration last week. And I haven't looked at it close, 18 close, but I've had a visit with a couple of folks that do 19 know about it. And it's just information I wanted to give to 20 the Commissioners Court and the public today that -- that 21 there's a huge possibility and a probability, I think, of the 22 Veterans Administration property out there, of leasing 23 5 acres of their property to some private company that's 24 going to build some housing for homeless veterans, which is a 25 good thing, in my opinion. Along with that, then, the 8-10-09 7 1 homeless veterans' families -- this is what I understand; I 2 don't know if this is true or not, but this is what I 3 understand. That they get the homeless veterans there, and 4 then the homeless veterans' families come here and live as 5 well, and then county taxpayers pick up the tab on that. So, 6 it's something to keep an eye on. They've had -- this is a 7 presentation, as you can see, and they have -- so they've had 8 a couple of meetings on it, and there may be more to come. 9 And after today, I will -- I'm going to contact the folks 10 that make this presentation and ask them to come to this 11 Court next time to just to let us know, let the taxpaying 12 public know in Kerr County, what -- what their plans are. 13 That's all, Judge. Thank you. 14 JUDGE TINLEY: Thank you. Commissioner Williams? 15 COMMISSIONER WILLIAMS: Well, I enjoyed a few days 16 away in southern California, away from the Texas heat, and 17 the most that they had out there was the low 90's, nighttime 18 about 50 degrees, but they didn't have any rain either. But 19 it's always good to be back. What was interesting to me out 20 there this time -- I visit my brother once every year or 21 so -- was the devastation in the commercial property. 22 Everywhere you drive in southern California, there's either 23 an "Available" sign -- I mean, commercial property is just 24 really on the rocks out there, so they're feeling the brunt 25 of -- in addition to the housing market, the commercial 8-10-09 8 1 property is suffering just about as bad. It's always good to 2 be back. Sorry we didn't get more rain while I was gone. I 3 gave you a chance, but it's good to be back. 4 JUDGE TINLEY: Thank you. Commissioner Letz? 5 COMMISSIONER LETZ: Just L.C.R.A. a little bit, and 6 I think probably most of the Court's aware of what happened, 7 and this is probably a good thing, but not a real good thing. 8 The Westwind station, which was on the table to be built up 9 Highway 16, which would be a -- kind of take some of the 10 power that's coming in from the west to Westwind station, 11 then shoot it up towards the new transmission line towards 12 Gillespie County. That substation has been taken off the 13 table, which means that the lines will just come from the 14 west to Comfort, and then from Comfort north. So, it's -- it 15 may minimize some of the impact. It doesn't really increase 16 any lines going into the Comfort area, because they would 17 have been built regardless, but it does change a little bit 18 of the dynamics in northern Kerr County up Highway 16. 19 Doesn't mean that those lines aren't possibly going to be 20 used, 'cause they may send it far enough north that they're 21 going to use some of those transmission lines to the south, 22 but there would not be a substation built there. So, that's 23 probably -- it's good for the people right in that area, I 24 think, but you never know until the final decision's made. 25 Other than that, just, you know, had a little bit of rain in 8-10-09 9 1 the eastern part of the county since we last met, some 2 windstorms. Some areas got about 2 inches right around 3 Comfort. Other areas got fires from lightning strikes. 4 Quite a few fires, not too big, north of Comfort. So, that's 5 kind of where we are. 6 JUDGE TINLEY: Commissioner Oehler? 7 COMMISSIONER OEHLER: Well, there were -- we were 8 kind of blessed and not blessed in the west end, as the case 9 has been going for a long time. Seems that most of the rain 10 happened south of the river, and south of 39 -- actually, 11 1340 and 39. Mo Ranch area was blessed with over 2 and a 12 half inches in one night, and they already had an inch or 13 something before that. And the river actually came up just a 14 little bit. Didn't last long, but, of course, you know, 15 that -- that creates more problems with the burn ban, because 16 everybody north didn't get anything, and the people down 17 south are giving me a tongue-lashing for not taking the burn 18 ban off. So, anyway, over half of my area didn't get but 19 less than a half, and with 100-degree heat, it was -- it was 20 all gone by noon the next day. So, anyway, that's kind of 21 unfortunate; it's unfair for part of the area that is blessed 22 like that not to be able to burn, when others for sure can't 23 burn. Anyway, that's it. We just need more rain. That's 24 it. 25 JUDGE TINLEY: Thank you. Following up a bit on 8-10-09 10 1 the L.C.R.A. transmission situation, we got this word late 2 last week. The L.C.R.A. rep brought it to me, and I see it 3 as potentially good news. With the Westwind station off the 4 map, there's not a have-to requirement that it would come to 5 that location. It may very well go north of there. Now, we 6 may not be in any better shape, or -- though we can't be in 7 any worse shape, is I think the end result of that. But it 8 will have to get to Comfort in some way, shape, form, or 9 fashion, and then go north into Gillespie County. But I see 10 it as potentially good news, if there's good news to be had 11 from that entire situation. So, we'll wait and see until 12 they identify their alternate routes as to where they think 13 they may be going. I noted that Representative Hilderbran 14 has requested that the P.U.C. consider taking these lines 15 down 277 up to the northwest of us, and then following I-10 16 down here. That, of course, would -- if, in fact, it were to 17 happen all the way to Comfort, it, of course, would put it 18 totally within our view, and I'm not sure how well that's 19 going to work. But there's a lot to be sorted out between 20 now and then, and we'll just see how it develops. 21 Let's get on with our agenda, if we might. The 22 first item on the agenda is to consider, discuss, and approve 23 amending Court Order Number 31347, replacement of election 24 judges and alternates for a term of one year in accordance 25 with Texas Election Code Section 32. Good morning. 8-10-09 11 1 MS. ALFORD: Good morning. Once we sent out the 2 notice of elections, I had two alternate judges decide that 3 they did not want to be alternate judges. And the parties 4 requesting to be replaced, in Precinct 303, Wanda Holekamp 5 with Margaret Morries, and in Precinct 118, JoAnn Jones with 6 Donna Mideke. 7 COMMISSIONER LETZ: Move approval. 8 COMMISSIONER BALDWIN: Second. 9 JUDGE TINLEY: Motion made and seconded for 10 approval. Question or discussion? All in favor of the 11 motion, signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: The motion does carry. Thank you, 16 Ms. Alford. 17 MS. ALFORD: Thank you. 18 JUDGE TINLEY: Item 2, presentation of an audit 19 report of the office of Court Compliance. Ms. Mabry? 20 MS. MABRY: Yes, sir. Good morning. I recently 21 did the audit of Court Compliance, and I'm finding that 22 they're a very efficient department, doing very well. Are 23 there any questions that you gentlemen have about the report? 24 JUDGE TINLEY: Any member of the Court have any 25 questions concerning the audit report that we've received? 8-10-09 12 1 COMMISSIONER BALDWIN: Do we accept it, or what do 2 we do? 3 JUDGE TINLEY: It does not indicate that. 4 COMMISSIONER BALDWIN: Any action? 5 JUDGE TINLEY: Anything more than it's presented to 6 us. 7 COMMISSIONER BALDWIN: Thank you. 8 JUDGE TINLEY: Thank you very much, Ms. Mabry. We 9 appreciate it. Item 3 is to consider, discuss, and take 10 appropriate action to declare certain personal property as 11 surplus and authorize disposal of same. Ms. Pieper? 12 MS. PIEPER: Gentlemen, I have seven very old 13 chairs that have been in the back of my office forever, that 14 are unsafe, that I want to declare surplus, and a green metal 15 stool. 16 COMMISSIONER LETZ: So moved. 17 COMMISSIONER WILLIAMS: Second. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval of the agenda item. Question or discussion? All in 21 favor of the motion, signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: That motion does carry. We'll move 8-10-09 13 1 to Item 5. That will be to consider, discuss, and take 2 appropriate action to allow the Maintenance Department to 3 reconfigure office space in the basement of the courthouse. 4 Mr. Bollier? 5 MR. BOLLIER: I believe each one of y'all have a -- 6 have a little drawing that I made. The main reason I want to 7 do this is down there where my office is, I want to -- it's 8 more like a loss control, liability type thing, where I can 9 put all my chemicals up and locked up into where my office is 10 now, so I can move some stuff around, make a little more 11 room, make it look a little better down there. 12 COMMISSIONER LETZ: How much is this going to cost? 13 MR. BOLLIER: Sir? 14 COMMISSIONER LETZ: How much is this going to cost? 15 MR. BOLLIER: Well, I have the money in my budget, 16 sir. 17 COMMISSIONER LETZ: That wasn't my question. 18 MR. BOLLIER: I haven't even put it to paper. It 19 should not cost over probably about $2,200, if that much. 20 That's just on the high side. I have not put it to paper. 21 JUDGE TINLEY: Based on what you explained to me, 22 Tim, I don't -- I don't see it even approaching that. 23 MR. BOLLIER: No. 24 JUDGE TINLEY: You're going to partition off two 25 offices and put in some doorways, and -- 8-10-09 14 1 MR. BOLLIER: It will probably be more like about 2 $1,200. 3 JUDGE TINLEY: Yeah. 4 MR. BOLLIER: Something like that. 5 JUDGE TINLEY: Yeah, that's close. 6 COMMISSIONER LETZ: Move approval. 7 COMMISSIONER BALDWIN: Second. 8 JUDGE TINLEY: Motion made and seconded for 9 approval. Question or discussion? All in favor of the 10 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. 15 MR. BOLLIER: Thank you, sir. 16 JUDGE TINLEY: Let's get down to Item 7; consider, 17 discuss, and take appropriate action to authorize 18 participation by Road and Bridge with the City of Kerrville 19 on sealcoating project for Alamo Drive North, Olympic Drive 20 North, and San Jacinto Drive North, located in Precinct 3. 21 We had this item agendaed incorrectly as to location last 22 time, so -- 23 MR. ODOM: Yes, sir. 24 JUDGE TINLEY: -- it was necessary that we bring it 25 back. This is also part of our pilot program working with 8-10-09 15 1 the City to try and create some efficiencies dealing with 2 their road issues. Mr. Odom? 3 MR. ODOM: Yes, sir. You have enclosed in the 4 agenda item that I have the information of the roads and what 5 our participation would be and what the City's participation 6 would be. At this time, we ask the Court for their approval 7 for Road and Bridge to participate in this sealcoat project 8 on Alamo Drive and Olympic Drive and San Jacinto Drive. 9 COMMISSIONER WILLIAMS: Move approval. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE TINLEY: Motion made and seconded for 12 approval. 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: Motion does carry. We'll move to 18 Item 8; consider, discuss, and take appropriate action to 19 verify areas of interest in each precinct for Zone A of the 20 floodplain studies, Precincts 1, 2, 3 and 4. Mr. Odom? 21 MR. ODOM: Yes, sir. At the last meeting we 22 discussed this, and it was asked that we come back this time 23 again to ask for that list. Buster has already given us his 24 list, and if he wishes to add anything like the rest of the 25 Court at this point, we would encourage you to do that. 8-10-09 16 1 Based upon that, then, I would ask your authorization to 2 proceed to find out what funding we can receive from the 3 State based on the motion we gave you, as well as what Buster 4 has given us. And we're still open at this point, if 5 something should come to mind. 6 COMMISSIONER WILLIAMS: Well, I was out of town 7 when the rest of the Commissioners may have responded to you, 8 but I do have some creeks I'd like to put on the list, if you 9 will. 10 MR. ODOM: All right, sir. 11 COMMISSIONER WILLIAMS: Got your pencil ready? 12 MR. ODOM: Yes, sir. 13 COMMISSIONER WILLIAMS: Verde Creek. I believe 14 Wilson Creek flows into Verde Creek just before it gets into 15 the Guadalupe River. That comes through Center Point 16 Estates; take a look at what that's all about. 17 MR. ODOM: All right. 18 COMMISSIONER WILLIAMS: Same with Steel Creek, 19 which flows into the river about the center of Center Point, 20 comes in from the north, crosses Highway 27. 21 MR. ODOM: 27, okay. 22 COMMISSIONER WILLIAMS: And tends to back up in a 23 flood situation. And Turtle Creek; ought to take a look at 24 those. Turtle Creek, as you know, comes in just around 25 Brinks Crossing, somewhere in that area, just a little bit 8-10-09 17 1 south of Brinks Crossing, but has a tendency to back way up 2 past 173. 3 MR. ODOM: Okay. 4 COMMISSIONER WILLIAMS: And so I'd like to take a 5 look at all of that, okay? 6 MR. ODOM: All right, sir. 7 COMMISSIONER LETZ: Bill, how much -- like, Verde 8 Creek goes -- is huge. 9 COMMISSIONER WILLIAMS: It is. 10 COMMISSIONER LETZ: I mean, and our funding is -- 11 we're limited to a pretty -- 12 MR. ODOM: Within a mile, at least a mile from the 13 Guadalupe, where it flows into it. So -- 14 COMMISSIONER WILLIAMS: Yeah. I have no idea -- I 15 know where you're going with the question, Commissioner, 16 and -- 17 COMMISSIONER LETZ: You can't take all the money. 18 (Laughter.) 19 COMMISSIONER WILLIAMS: -- I don't know how far to 20 go, but I've had some discussions with some of the folks who 21 live out on Elm Pass Road, and it has been known to go way 22 out on Elm Pass Road in terms of flooding situations. 23 However we can go, I really don't know, 'cause I have no idea 24 what kind of money we're going to be able to put to this 25 project, how much is available for us. But, you know, I 8-10-09 18 1 defer to others in terms of what's reasonable. I don't know 2 how far to go. 3 MR. ODOM: This -- we can always -- my thoughts 4 were when we started looking into this, is that this would be 5 an ongoing situation. We take so much, we get it done, then 6 we look at probably the next year or the following year, 7 however the State would do the funding. And probably it 8 would be every other year, if I had to guess at it. And so 9 we would look at those points, and we just keep extending on 10 out with certain tributaries to take a look at. And you -- 11 you know, if it's Verde Creek or whatever, within a mile or 12 two of the Guadalupe, we'd look at that; maybe the next time 13 we'd go out a little bit farther. And I understand that once 14 you get past a mile or two on Verde Creek, you're really 15 limited on the number of people that really are being 16 affected at that point. 17 COMMISSIONER WILLIAMS: That's probably true. 18 MR. ODOM: Yes, sir. And we will come to the Court 19 and -- and we'll prioritize these things to let the Court 20 make that decision. So -- 21 COMMISSIONER LETZ: And another question. Bill, 22 you mentioned Wilson Creek. 23 COMMISSIONER WILLIAMS: I believe it's Wilson; it 24 comes through Center Point Estates and flows into Verde. 25 COMMISSIONER LETZ: Wilson -- 8-10-09 19 1 JUDGE TINLEY: Elm Creek, isn't it? 2 COMMISSIONER WILLIAMS: Is it Elm? 3 COMMISSIONER LETZ: Elm Creek. Wilson Creek is -- 4 COMMISSIONER WILLIAMS: Wilson -- 5 MR. ODOM: Is over right off -- 6 COMMISSIONER LETZ: Yeah. 7 COMMISSIONER WILLIAMS: Change that. It's Elm 8 Creek. 9 MR. ODOM: Yes. 10 COMMISSIONER BALDWIN: Wilson Creek's up by cattle 11 guards. 12 JUDGE TINLEY: Cattle guards flow down the creek? 13 COMMISSIONER WILLIAMS: Intersection. 14 COMMISSIONER LETZ: This past -- 15 COMMISSIONER WILLIAMS: Elm Creek. 16 COMMISSIONER LETZ: The last big flood we had -- I 17 don't know, the one that we had a lot of damage, Hermann Sons 18 Bridge knocked out, that big flood, it seems to me that FEMA 19 did quite a bit of studying up Cherry Creek and -- I don't 20 know, the creek that comes out of Hermann Sons, that creek. 21 Is there -- areas where that all got flooded real bad, I 22 don't know, the little subdivision up off Hermann Sons; I'm 23 blank on the name of it right now. Didn't FEMA do a lot of 24 studies at that time? 25 MR. ODOM: They didn't change anything, to my 8-10-09 20 1 knowledge, at this point. And what we've looked at, what 2 FEMA's done so far with the new profiles is, very little has 3 been changed. We've identified those areas, but most of it's 4 Ingram. Floodplain didn't change, but under the profiles, 5 you can normally take a profile and maybe go 1,000, 2,000 6 feet up a tributary based on the profiles. 7 COMMISSIONER LETZ: Mm-hmm. 8 MR. ODOM: So, they -- in that aspect, they have 9 sort of done some of the tributaries that feed into it 10 within -- it depends on the profile, but when you look at 11 1,000 or 2,000 feet, you could still get a studied profile 12 off that. 13 COMMISSIONER LETZ: 'Cause I just remember FEMA 14 doing survey work and all kind of work up along Schneiders 15 and Crenwelges after that big flood that one year, and I 16 don't know what they do with -- this may be a different type 17 of -- 18 MR. ODOM: That's an unstudied area all the way 19 back up there, so that sort of surprised me. I don't know of 20 any study there. 21 COMMISSIONER LETZ: Well, the areas -- Wilson Creek 22 is an area that you can add to your list, though. I think 23 Wilson Creek as it goes up by Greenwood Forest, that area. 24 It's that -- probably the first half mile or so, and also the 25 creek that comes out of Hermann Sons. I think it's Lindner. 8-10-09 21 1 Lindner Branch, possibly. 2 COMMISSIONER OEHLER: I thought you'd know that. 3 COMMISSIONER LETZ: I mean, I -- I know what it 4 comes in there. Maybe the whole thing is called Lindner 5 Branch. 6 COMMISSIONER WILLIAMS: It's named after his 7 relative. 8 COMMISSIONER OEHLER: Yeah. 9 COMMISSIONER LETZ: But that part. And then 10 Cypress Creek goes through. Those are the three that I think 11 are the most populated that need some study. And Cypress 12 Creek is pretty confusing; it's right along the Kendall 13 County line. 14 COMMISSIONER OEHLER: Most everything in my area is 15 pretty well set, as far as I know. I don't -- we've had some 16 severe floods over the years, and I think FEMA maps, 17 especially new ones, are going to pretty well cover -- 18 MR. ODOM: Cover it. 19 COMMISSIONER OEHLER: -- everything in my area. I 20 don't think there's anything -- I mean, everything -- 21 everybody's aware of where the water gets up there. 22 COMMISSIONER LETZ: Those are the three that I -- 23 MR. ODOM: Okay. 24 JUDGE TINLEY: We have some members of the audience 25 that wish to be heard on this. Yes, ma'am? If you'd come 8-10-09 22 1 forward, give us your name and address, tell us -- give us 2 your input on this item. 3 MS. MATTHEWS: I apologize for being late. My name 4 is Mary Matthews. My husband and I own a ranch -- a 100-acre 5 ranch across from the airport, right outside the city limits 6 of Kerrville. And the first document that I have to hand out 7 here was just a letter from me requesting that our property 8 be -- and the area around it be included in Mr. Odom's 9 request, so further Flood Zone A's. My property's having an 10 independent study done right now, but we have Silver Creek. 11 We have another unnamed creek that comes in underneath the 12 airport. There's Nowlin's Hollow. We have Turtle Creek, and 13 we also have the Guadalupe River. And the second map that I 14 have attached here shows the Flood Zone A's in black with 15 little black dots, and that's the area that is being 16 considered, I understand, to be further studied by Mr. Odom 17 in this request. Because of the backing up of the Guadalupe 18 River and Turtle Creek, I'm also -- this is why I drew such a 19 large area around it here. We are adjacent to a 104-acre 20 property that is the proposed R.V. park that also has not 21 only Flood Zone AE, which is special flood hazard zone, but 22 also Zone A, unstudied. So, this is a great opportunity for 23 us to be participating in that and to find out exactly what 24 has happened and the elevation on that ground. So, I'd 25 respectfully request that this map in my area be included. 8-10-09 23 1 And I guess the second page is just in general, a letter that 2 Flood Zone A's are an important issue in Kerr County. They 3 offer the opportunity for people to find out what's going on 4 with development in their area. If the Flood Zone A's have 5 not been studied further by FEMA, then there's always the 6 chance that it's not really documented or it's not -- people 7 are not made aware of the fact that they are better or worse 8 than they actually are. So, what we're talking about here, 9 if I'm -- if this is accurate, is we're talking about further 10 study to actually define the elevation of these A's. And I 11 guess there's a lot of A's all over Kerr County, and I feel 12 like the general person does not really have very much 13 information about this, and so I would respectfully request 14 that this decision as to what specific areas you are going to 15 identify in this study -- in this phase of the study, you 16 know, be put off until maybe we could have some sort of -- 17 Mr. Odom might be able to give a public meeting to inform 18 people more about what Zone A's mean and Zone AE's mean. 19 JUDGE TINLEY: Any member of the Court have any 20 questions for Ms. Matthews? Thank you, ma'am. 21 COMMISSIONER WILLIAMS: I'll -- I'll see that 22 Mr. Odom gets a copy of this, Ms. Matthews. 23 MS. MATTHEWS: Thank you. 24 COMMISSIONER WILLIAMS: And, as you understand, 25 what we do is dependent on how much funding may be available. 8-10-09 24 1 We don't know how far this will go or what it will entail. 2 What we're trying to do is compile a list. So, I'll see that 3 Mr. Odom gets a copy of this, and we'll see what happens. 4 MS. MATTHEWS: Thank you. 5 JUDGE TINLEY: Thank you, Ms. Matthews. There's 6 another lady wishing to be heard. Come forward and give us 7 your name and address and tell us what your thoughts are on 8 this issue. 9 MS. LOVETT: Yes, sir. Well, I'm Frances Lovett. 10 I live at 6749 Highway 27. I hadn't planned to say anything 11 today, but I would like to support Mr. Williams on the Verde 12 Creek issue, because in 1978, eight people died at the 13 intersection of Elm Pass Road and Verde Creek. Water backed 14 all the way up across the Verde Creek Road. And so I would 15 simply request that -- that your study would at least go back 16 that far. 17 COMMISSIONER WILLIAMS: It has to go at least that 18 far. 19 MS. LOVETT: Yes, sir. 20 COMMISSIONER WILLIAMS: It needs to go a little 21 beyond that. 22 MS. LOVETT: And even in 2002, this area reflooded 23 with, like -- people over there -- I just have to give you 24 one little anecdote. A guy was building over there, and I 25 said, you know, this area was -- this -- this lot was under 8-10-09 25 1 28 feet of water in 1978. He said, "Oh, that's okay. FEMA's 2 readjusted all that." And I said, "Well, okay." And it 3 wasn't -- in 2002, a couple of years later, he had, like, 4 8 feet of water in his house. So it does reflood; that 5 wasn't a one-time incident. 6 JUDGE TINLEY: Any member of the Court have any 7 questions for Mrs. Lovett? 8 COMMISSIONER WILLIAMS: No. Thank you very much. 9 JUDGE TINLEY: Thank you, ma'am. 10 MS. LOVETT: Mm-hmm. 11 JUDGE TINLEY: Let's go to Item 4, which was a 12 timed item that we've gone a bit past now. Consider, 13 discuss, and take appropriate action regarding black fire 14 hydrants, MOU's and ESD's. Commissioner Baldwin? 15 COMMISSIONER BALDWIN: Yes, sir. Thank you very 16 much. I want to introduce the Court and the community to Deb 17 Johnson. Deb is a recent move into Kerr County, and into 18 Precinct Number 1. 19 MS. JOHNSON: Yes. 20 COMMISSIONER BALDWIN: She's a former commissioner 21 in Fort Bend County ESD, and she's in tune with the 22 Legislature as well as Aqua Texas, so she is basically a guru 23 on the -- 24 MS. JOHNSON: I don't think so. 25 COMMISSIONER BALDWIN: Oh, you are now. 8-10-09 26 1 MS. JOHNSON: Oh, excuse me. Okay, I'm now one, 2 yes, today. 3 COMMISSIONER BALDWIN: I thought we cleared this up 4 the other day. 5 MS. JOHNSON: Well, you know, I forgot. 6 COMMISSIONER BALDWIN: Okay. And she's very well 7 versed in this thing, so she has some ideas and thoughts, and 8 I wanted to kind of just open it up and let the Commissioners 9 Court know kind of what direction we're thinking about going 10 in this thing. Deb? 11 MS. JOHNSON: Good morning, Commissioners. Thank 12 you for having me here today. I wanted to discuss a subject, 13 as Commissioner Baldwin has told you, that is of great 14 concern to my neighbors in Saddlewood, and I've learned this 15 morning, to persons in Horizon, and I'm sure probably all 16 over the entire county. But I'm very concerned about the 17 issue of the black fire hydrants. For those of you who may 18 not have an idea as to how all this began, just a real quick 19 review. In 2007, our state Legislature, in an attempt to 20 remedy a situation, passed Bill Number -- House Bill and 21 Senate Bill Number 1717, which I'll read a statement by the 22 State Firemen's and Fire Marshal Association of Texas. Just 23 to give you the intent of this, it said that it was intended 24 to aid in identification of non-functioning hydrants and 25 assist firefighters in responding to fires in a timely 8-10-09 27 1 manner. That was the intent. 2 The reason for -- that the timely manner is 3 critical is that, according to most of my research, fires can 4 double in size anywhere from 30 seconds to five minutes. 5 Every 30 seconds to five minutes, whatever is combusting -- 6 and there are all kinds of formulas that go with this, but 7 it's doubling. So, time is -- is essential in trying to put 8 some water on a fire. So, if -- if the fire department is 9 unable to determine what's a functioning hydrant, then, you 10 know, we're losing precious seconds. The water utilities 11 identified this bill as a liability to them, and they 12 determined that they needed to cover themselves, and instead 13 of determining what each fire hydrant could -- how much 14 gallons per minute each fire hydrant could produce, they 15 would cover themselves and paint them all black. So, this is 16 where all this came from. 17 In 2008, I met with Bob Laughman, who's the 18 president of Aqua Texas, at an open house here in Kerrville, 19 and asked him what they were planning on doing, or if they 20 could give us any relief from this. He told me that they 21 were supporting any legislation in the State Legislature to 22 remedy this bill. They were behind anything that was going 23 to happen, but he also said that they had devised a 24 memorandum of understanding, which I believe you all have 25 before you. The one in particular that you have is the one 8-10-09 28 1 between Aqua Texas and Wimberley. This would remedy the 2 situation in that each fire -- not fire hydrant -- each 3 hydrant would be tested to see how many gallons per minute it 4 could produce, and the top or the bonnet of the hydrant would 5 be painted according to national standards. We decided to 6 kind of wait to see if the Legislature could indeed come up 7 with a remedy, which they did not do. They did introduce 8 House Bill 1912 and Senate Bill 1258, which neither passed, 9 so we are now back to our black fire hydrants and an 10 inability of our fire departments to determine what is 11 functioning and what is not. 12 In an effort to save lives and property, I would 13 ask that you consider entering into a memorandum of 14 understanding between Kerr County and Aqua Texas to at least 15 put a bandaid on this problem by determining the gallons per 16 minute flow at each hydrant, and having the bonnet or the top 17 painted accordingly. And I think that's what I've got to say 18 and ask of you. 19 COMMISSIONER LETZ: Who determines the flow? 20 MS. JOHNSON: In times past, the fire department, 21 in conjunction with Aqua Texas, goes out to each hydrant and 22 they measure the flow. 23 COMMISSIONER LETZ: They measure the flow? 24 MS. JOHNSON: Yes, uh-huh. 25 COMMISSIONER LETZ: They do -- the fire departments 8-10-09 29 1 are involved? 2 MS. JOHNSON: Yes, they are. Yes. 3 COMMISSIONER BALDWIN: Actually, what we're talking 4 about doing, let's say we're going to do her community out 5 there. We want to invite the volunteer fire department that 6 covers that area, as well as the City of Kerrville fire 7 department, because of our contract with them and they go out 8 there with a pumper truck, and Aqua Texas, all three people 9 would be represented in this thing. And so it -- and it 10 actually is -- it would be a neat exercise. And go around -- 11 MS. JOHNSON: It would be, yeah. 12 COMMISSIONER BALDWIN: -- in her community, and the 13 gentleman with the glasses on, his community. 14 MS. JOHNSON: Horizon. 15 COMMISSIONER BALDWIN: Which probably has 16 functioning fire hydrants. Out at my house, zero, zilch. 17 There's just cute little black things sticking up out of the 18 ground with very, very little water in them, and so that's 19 what we want to determine. 20 MS. JOHNSON: Yes. 21 COMMISSIONER BALDWIN: When the City of Kerrville 22 pulls up with their pumper and wants to hook onto a hydrant, 23 they need to know immediately how much water, if there's any 24 water at all in that thing so they can attack the fire. 25 MS. JOHNSON: Right. 8-10-09 30 1 COMMISSIONER BALDWIN: We're talking about lives 2 and property. 3 MS. JOHNSON: Yes. 4 COMMISSIONER BALDWIN: Is what we're talking about. 5 COMMISSIONER LETZ: But the agreement would be 6 between the County and Aqua Texas and our other water 7 utilities county-wide, correct? I mean -- 8 MS. JOHNSON: Whatever you all would decide. I 9 think that would be up to you all to talk about and decide 10 whether you want to do -- whether you'd want to try it on a 11 smaller scale, see how it works, or go county-wide. That 12 would be up to you all. 13 JUDGE TINLEY: Essentially, what we're talking 14 about is, because of the perceived liability issue that the 15 water supplier has, by contract, they would be given 16 contractual release of liability, assuming they were not 17 grossly negligent. 18 MS. JOHNSON: Yes. 19 JUDGE TINLEY: Something along that line. If they 20 worked in this program and did their best to determine the 21 actual flow, so as to give somebody some kind of information. 22 MS. JOHNSON: Exactly. 23 JUDGE TINLEY: As opposed to everybody being in the 24 dark. 25 MS. JOHNSON: That's right. 8-10-09 31 1 JUDGE TINLEY: Because they're all black fire 2 hydrants. 3 MS. JOHNSON: That's right, exactly. 4 COMMISSIONER OEHLER: Seems to me like they could 5 post a sign next to the fire hydrant that would just say how 6 many gallons a minute, rather than having them color-coded. 7 Somebody could -- 8 COMMISSIONER BALDWIN: Well, the color-coding thing 9 has been around since -- 10 MS. JOHNSON: It's a national standard. 11 COMMISSIONER OEHLER: That's fine. 12 COMMISSIONER BALDWIN: Yeah. Yeah. Like, if you 13 -- if you look closely at the hydrants in the city of 14 Kerrville, they are -- well, they used to be; I'm not -- I 15 may be stepping out of line here, but used to, the bonnet of 16 that thing would be either red or green, and when the 17 engineer pulled up in his truck, he knew exactly how much 18 water was in that thing. 19 COMMISSIONER OEHLER: We have a big variation of 20 that kind of flow out in the county, though. 21 COMMISSIONER BALDWIN: Absolutely. 22 COMMISSIONER OEHLER: It's not going to be one or 23 two different colors; you're going to have areas that may not 24 have 100 gallons a minute. 25 MS. JOHNSON: Well, there's a -- actually, the 8-10-09 32 1 national standard is 1,500 gallons per minute or more is 2 blue, green identifies 1,000 to 1,499 g.p.m., and orange is 3 500 to 999 g.p.m., and red is below 500. So, fire 4 departments know these standards. 5 COMMISSIONER OEHLER: They need to know; I agree 6 with you. 7 COMMISSIONER WILLIAMS: While Aqua Texas is the big 8 gorilla -- 9 MS. JOHNSON: Yes. 10 COMMISSIONER WILLIAMS: -- in this equation, there 11 are other water purveyors there that might also apply to. 12 COMMISSIONER BALDWIN: Sure might be; you're 13 exactly right. 14 COMMISSIONER WILLIAMS: Wiedenfeld comes to mind. 15 I'm not sure how many others have multiple systems. 16 COMMISSIONER OEHLER: Well, we have one in my area 17 that's owned by the homeowners, Wood Trail. 18 COMMISSIONER WILLIAMS: Yeah. And in my area out 19 in The Woods, that one's owned by the homeowners as well. 20 COMMISSIONER LETZ: I think it's a good -- I 21 think -- you know, I think it's a great idea, and I think to 22 try to move it with Aqua Texas, which will probably be the 23 most difficult, from my experience in working with them -- 24 COMMISSIONER BALDWIN: Actually, it's not. 25 MS. JOHNSON: Bob has -- has really been 8-10-09 33 1 forthcoming in this whole process. Every time I write to 2 him, he says, "I want to work with you all. I'd like to help 3 you, you know, fix this, at least put a bandaid on it until 4 the Legislature can do something, you know, definitive." And 5 he's been very willing to cooperate. 6 COMMISSIONER WILLIAMS: Who is it you're 7 corresponding with? 8 MS. JOHNSON: The president of Aqua Texas, Bob 9 Laughman. 10 COMMISSIONER WILLIAMS: Okay. And where are they 11 currently located? 12 MS. JOHNSON: I don't know where their offices are. 13 COMMISSIONER BALDWIN: Austin. 14 MS. JOHNSON: It's -- yeah, it's in Austin. 15 COMMISSIONER WILLIAMS: Used to be Dripping 16 Springs. 17 COMMISSIONER BALDWIN: He's in Austin. 18 COMMISSIONER OEHLER: The local office is right 19 here off Schreiner Street. 20 JUDGE TINLEY: It occurs to me that the first thing 21 we need to do is get the County Attorney to take a look at -- 22 at whatever documents are proposed to be involved in this if 23 Kerr County's going to be a party to it, and subject, of 24 course, to that, it seems like if there's a favorable review 25 there, why, then we go forward. 8-10-09 34 1 COMMISSIONER BALDWIN: That's exactly what we're 2 going to do. I just wanted to bring you the information 3 today, and if I get a nod, which I am, we want to take the 4 M.O.U. to the County Attorney, and we'll bring it back at the 5 next meeting for approval. Okay. 6 JUDGE TINLEY: To present to the various water 7 purveyors? 8 COMMISSIONER BALDWIN: To bring it back to the 9 Commissioners Court. 10 JUDGE TINLEY: Yeah, mm-hmm. 11 MS. JOHNSON: Thank you very much. 12 COMMISSIONER BALDWIN: Yes. 13 MS. JOHNSON: Any further questions? 14 JUDGE TINLEY: Anybody else? 15 COMMISSIONER WILLIAMS: Thank you. 16 MS. JOHNSON: Okay, thank you. 17 JUDGE TINLEY: Anyone in the audience have any 18 comments -- further comment about this? Thank you, ma'am. 19 We appreciate you bringing that to us. 20 MS. JOHNSON: You're more than welcome. 21 JUDGE TINLEY: Let's move to our 9:30 item, if we 22 might. It's a bit past that time now. Item 6, to consider, 23 discuss, and take appropriate action to allow Headwaters 24 Groundwater Conservation District to drill a monitoring well 25 on Lower Reservation Road in Precinct 4. Mr. Williams? 8-10-09 35 1 MR. WILLIAMS: I'm Gene Williams with the 2 Headwaters Groundwater Conservation District. In our ongoing 3 effort to monitor the aquifers in Kerr County, we have future 4 plans for two and four more monitoring wells. This 5 particular location, I have -- Mr. Odom was gracious enough 6 to meet me at the location, and we looked the site over and 7 feel like it's an appropriate area for our next monitor well. 8 So, we would request the Court's permission to allow us to do 9 this. 10 COMMISSIONER OEHLER: I have no problem with it at 11 all. That's about three-quarters of an acre that the 12 County's owned for many years. It's where the -- the 13 factory -- old teachers' dormitory-type thing or house is 14 still on the property. It's kind of about to fall down, but 15 I think that's a good area for one, because that area -- and 16 some of those wells are very low production. My 17 grandfather's home place is only about a mile from there, and 18 they raised 14 kids on three quarts a minute. And there's 19 some areas that's real dry, and there's some areas that -- as 20 far as wells go, and other parts of it have good wells. In 21 fact, there's a hand-dug well across the road from where this 22 is, and I don't have any idea whether it still has water in 23 it or not. It's on the Esquell place. I think it's a great 24 location, because that is a different type area there than 25 what we have in the Mountain Home area, or even over around 8-10-09 36 1 the Hunt area. That's -- I think it's a great idea to have 2 one. 3 COMMISSIONER BALDWIN: I agree. 4 COMMISSIONER LETZ: Yeah. Gene, how much -- how 5 deep will this well be? What -- 6 MR. WILLIAMS: I'd say approximately 800 to 7 900 feet. 8 COMMISSIONER LETZ: Would it be the Lower Trinity, 9 dually? 10 MR. WILLIAMS: It's really not in the Lower Trinity 11 there; it's all on sand. 12 COMMISSIONER LETZ: Is it -- are you going to try 13 to monitor the Edwards as well? Edwards-Trinity, or just 14 the -- 15 MR. WILLIAMS: Just the Trinity. 16 COMMISSIONER LETZ: Just the Trinity. 17 COMMISSIONER OEHLER: That's a good area for that, 18 because it's right up on the divide between what goes into 19 the Pedernales, what goes into Johnson Creek and eventually 20 into the Guadalupe River. 21 COMMISSIONER LETZ: Is there a way -- is there a 22 value to monitoring the Edwards-Trinity there, or is it 23 possible? I know it's money. 24 MR. WILLIAMS: Yeah, it's money. It's possible, 25 yes. I can visit with an engineer, weigh the cost, see 8-10-09 37 1 what -- 2 COMMISSIONER LETZ: And the other part of it, is 3 that an area that's worthwhile to really put a monitor in the 4 Edwards-Trinity right there? I mean -- 5 MR. WILLIAMS: We envision a large enough conduit 6 to be able to aquifer test, and to dually complete it would 7 eliminate that possibility. 8 COMMISSIONER OEHLER: I move approval. 9 COMMISSIONER LETZ: Second. 10 JUDGE TINLEY: Motion made and seconded for 11 approval of the agenda item. Question or discussion? 12 COMMISSIONER BALDWIN: I just have one more 13 question. We see in these models that the aquifer -- they 14 call it pinching out, out there on the divide somewhere. Is 15 that near that pinch-out point? Are you knowing what I'm 16 talking about? Or -- 17 MR. WILLIAMS: Well, no, the Lower Trinity pinches 18 out probably south of the interstate. 19 COMMISSIONER BALDWIN: South of the interstate, 20 okay. 21 MR. WILLIAMS: Closer to 27, I guess. 22 COMMISSIONER BALDWIN: Okay. 23 MR. WILLIAMS: Somewhere in that area. So, that's 24 all one sand in that area. 25 COMMISSIONER BALDWIN: Okay. 8-10-09 38 1 MR. WILLIAMS: There's not a shale barrier there 2 that I know of. 3 COMMISSIONER LETZ: We'll find out. 4 COMMISSIONER OEHLER: We'll find out. 5 COMMISSIONER BALDWIN: Find out. Thank you, sir. 6 JUDGE TINLEY: Any other questions or discussion? 7 All in favor of the motion, signify by raising your right 8 hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: The motion does carry. Thank you 13 very much, Mr. Williams. 14 MR. WILLIAMS: Thank you, sir. 15 JUDGE TINLEY: We'll move to Item 9; consider, 16 discuss, take appropriate action to set a public hearing for 17 private road name Moorhead Road East located in Precinct 2. 18 Mr. Odom? 19 MR. ODOM: Yes, sir. Mr. Moorhead has requested a 20 name as Moorhead Road East on a private road. The proposed 21 road name is located off Sanders Way, which is off Elm Pass 22 Road. Mr. Moorhead is not the only one living on this 23 property. The family has several pieces of property. We 24 also have other members that own property on this, and we had 25 sent out notices that this is -- was going to happen, since 8-10-09 39 1 the Moorheads are the only ones that really live there. The 2 others live in San Antonio. We felt that a public hearing 3 should be set to give the other landowners an opportunity if 4 there might be an issue with the proposed name. At this 5 time, we ask the Court to set a public hearing for Monday, 6 September the 14th, 2009, at 10 a.m. 7 COMMISSIONER WILLIAMS: So moved. 8 MR. ODOM: For name change. 9 COMMISSIONER OEHLER: Second. 10 JUDGE TINLEY: We have a motion and second for 11 approval of the agenda item, to set a public hearing on 12 September 14, 2009, at 10 a.m. Question or discussion on the 13 motion? All in favor of the motion, signify by raising your 14 right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: That motion does carry. We'll go to 19 Item 10; consider, discuss, and take appropriate action on 20 Kerr County Appraisal District's proposed budget amendment. 21 The Appraisal District has requested that their budget be 22 amended to allow certain capital improvements to be made. 23 They're proposing to do that by moving a budget surplus that 24 they have from this current year over to next year. My 25 recollection is that they've done that once previously in an 8-10-09 40 1 effort to upgrade their facilities out there. There would be 2 no change in the previously notified contribution of Kerr 3 County to their annual budget. They've just merely 4 transferred those funds one year forward to make those 5 improvements. 6 COMMISSIONER WILLIAMS: Move approval. 7 COMMISSIONER BALDWIN: Second. 8 JUDGE TINLEY: Motion made and seconded for 9 approval of the agenda item. Question or discussion? Yes, 10 sir? 11 COMMISSIONER OEHLER: No, I don't have any 12 questions or discussion. I was getting ready to vote. 13 COMMISSIONER LETZ: You're voting already. 14 JUDGE TINLEY: Any further question or discussion? 15 All in favor of the agenda item, signify by raising your 16 right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: Motion carried. Let's move to Item 21 11; consider, discuss, and take appropriate action on 22 contracts for professional services received from Allison 23 Bass and Associates regarding extension of Chapter 258, Texas 24 Transportation Code. As has been discussed on probably 25 several occasions, there's an upcoming deadline, three years 8-10-09 41 1 out now, to identify and solidify the designation of county 2 roads. There are all sorts of roads that are in the system 3 because of prescriptive use, maintenance and so forth, and 4 the Legislature has provided a methodology for -- for those 5 roads to be identified, and there be a master -- master 6 designation of those roads. My recollection is we first 7 started hearing about this -- three years ago or more? 8 COMMISSIONER BALDWIN: Probably longer than that. 9 COMMISSIONER WILLIAMS: At least. 10 JUDGE TINLEY: Pretty good while back. But there's 11 a procedure in place that Allison Bass and Associates has 12 developed to comply with the statutory provisions, and the 13 total cost is, what, 17 -- 17,400 approximately? 14 COMMISSIONER WILLIAMS: Six. 15 JUDGE TINLEY: Six hundred. 17,6. 16 COMMISSIONER WILLIAMS: 17,6. 17 JUDGE TINLEY: Payable over a three-year time span 18 to complete that process. Leonard, what are your thoughts 19 about this? 20 MR. ODOM: I think if we could come up with the 21 funds, it's a very good idea. I just don't have the funds. 22 I think when Allison and them did this before, we just did 23 not have the money at the timeline that they had sent us, and 24 it's probably something we ought to do just to secure it. 25 We're always having a question. What state law says is if 8-10-09 42 1 we've had it ten years, it belongs to the people. 2 COMMISSIONER LETZ: Does the -- I mean, maybe we 3 need to ask Jim Allison this, or somebody, but does this go 4 in -- are they going to go into all of -- I guess clarifying 5 the whole issue about roads being public on plats? And then 6 the people think they're public -- or county roads, and 7 they're not, 'cause we've never maintained them. Is that 8 going to be part of this at all? 9 JUDGE TINLEY: I can't answer that question, 10 Commissioner. 11 MR. ODOM: And I can't either. You're talking 12 about prescriptive easements. 13 COMMISSIONER LETZ: No, not -- not easements. I'm 14 talking about roads that are in many, many subdivisions that 15 were dedicated to the public in the platting process, but 16 never accepted by the County for maintenance. And those 17 people, you know, continually -- 18 MR. ODOM: Say they go to the center of the 19 roadway. Or all the way across. 20 COMMISSIONER LETZ: No, the roads are public. 21 COMMISSIONER BALDWIN: Public. See, public 22 maintained, public non-maintained, and private. 23 COMMISSIONER LETZ: Yeah. 24 COMMISSIONER BALDWIN: Three categories of roads. 25 We eliminate that goofy middle thing. 8-10-09 43 1 COMMISSIONER LETZ: Right. 2 COMMISSIONER BALDWIN: They're either maintained or 3 they ain't. 4 COMMISSIONER LETZ: Right. 5 COMMISSIONER BALDWIN: That's where I'm at. 6 COMMISSIONER OEHLER: Yeah. 7 COMMISSIONER LETZ: I think it's good that -- it 8 needs to be helped. If they're going to help clarify that, 9 I'm really in favor of it, but the other side of it is, I 10 don't want to open up this whole issue again where we have to 11 vote on some of these old roads that we don't think are 12 County-maintained. So, I mean -- but I guess we can maybe 13 get Mr. -- I don't know; Jim Allison's the one handling it. 14 Maybe we need to get them, one of their representatives to 15 come down here and explain exactly what this is going to do. 16 I think I'm in favor of it. 17 COMMISSIONER OEHLER: Not sure. 18 COMMISSIONER LETZ: But I'm not sure. 19 COMMISSIONER WILLIAMS: Well, that's kind of right 20 where it goes back to 1981, and we have to prove the 21 existence of the road with evidence of County maintenance 22 prior to September 1981 to avoid a court battle, some kind of 23 a contest -- legal contest. 24 JUDGE TINLEY: I think it would be appropriate for 25 the County Attorney to do a review of this and engage in 8-10-09 44 1 whatever discussions he might feel is appropriate with maybe 2 Allison Bass, to come back to us and tell us the -- the 3 entire legal effect of what this whole process is. I've not 4 researched it, so I can't tell you. 5 MR. ODOM: The only thing that we have to go by, 6 what Mr. Williams was talking about, prior to 1981 is a 1959 7 road list. We look at that; we look at the '84 -- '86, when 8 the unitized system came into being. That gives us a pretty 9 good idea of what was going on before the system -- what the 10 Commissioners were doing. And to answer your question, I 11 don't know -- that was a question we had. Would this really 12 rectify some of the questions of going to the center of the 13 road or up against the fence? And I got 30 foot. Is it a 14 neighborhood road? That was established. So, I don't know 15 if Allison will do that, but it's worth a -- a try. At the 16 time, we just didn't have the money, and we had already had 17 it on the list, '59, '86. And the Highway Department had 18 done GPS on our roads, so we felt confident that we had a 19 very good argument. And I've been here over ten years; I 20 knew what roads I had. So -- 21 COMMISSIONER LETZ: Anyway, I think it's good to 22 visit with them, see if it's worthwhile or not. If it is, 23 you know, I think it's -- the cost is reasonable. 24 MR. ODOM: Reasonable, over two years. 25 COMMISSIONER LETZ: Over a two-year period. 8-10-09 45 1 JUDGE TINLEY: Mm-hmm. The only budgetary 2 impact -- 3 COMMISSIONER LETZ: Doesn't do anything -- 4 COMMISSIONER OEHLER: We're just going to hand them 5 the list and they're going to do it, and they're going to 6 charge us. 7 COMMISSIONER WILLIAMS: $1,500 to get started. 8 MR. ODOM: I'm sure they'll be asking me to do a 9 lot of the work, though. 10 COMMISSIONER OEHLER: Yeah. 11 JUDGE TINLEY: There's a number of steps outlined 12 in the agreement, but I think -- I think probably what would 13 be beneficial for us to know is, what is the ultimate legal 14 effect of following this process? 15 MR. ODOM: Once it's done. 16 JUDGE TINLEY: What benefit do we derive from that? 17 Are we going to avoid getting ourselves into all sorts of 18 hassles down the road? Is it this kind of road, that kind of 19 road, some other kind of road? Because those do crop up 20 occasionally, as you know. 21 MR. ODOM: Occasionally they do. 22 COMMISSIONER LETZ: 'Cause I think this Number 3 23 here, newspaper notice of the date of a public hearing to be 24 held to receive objections or protests to any road claimed to 25 be County-maintained, I also see that going the other 8-10-09 46 1 direction of those that were not claiming, and that's what 2 I'm concerned about. You know, I thought we were pretty 3 confident that we were -- had a good list, and I don't want 4 to open it if we don't need to. 5 MR. ODOM: I feel confident it's good. 6 COMMISSIONER LETZ: Okay. 7 COMMISSIONER WILLIAMS: Could be Pandora's box. 8 JUDGE TINLEY: Okay. Anything else on that agenda 9 item, gentlemen? Let's move to Item 13; consider, discuss, 10 take appropriate action on implementation of the burn ban. 11 Periodic requirement that we have. 12 COMMISSIONER LETZ: Move approval. 13 COMMISSIONER BALDWIN: Second. 14 JUDGE TINLEY: Motion made and seconded for 15 approval. Question or discussion on the motion? 16 COMMISSIONER LETZ: I guess the action -- or the 17 motion is to extend the burn ban for another 90-day period? 18 JUDGE TINLEY: Correct. 19 COMMISSIONER LETZ: It's not real clear. 20 JUDGE TINLEY: Any other question or discussion? 21 All in favor of the motion, signify by raising your right 22 hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 8-10-09 47 1 JUDGE TINLEY: The motion does carry. We will move 2 to item -- Item 15; consider, discuss, and take appropriate 3 action on appeal of the DFC's set by GMA-9. Commissioner 4 Letz? 5 COMMISSIONER LETZ: This is just a real brief 6 comment on this. This will be back on our next agenda. We 7 met -- a committee out of Region J met one day last week, 8 last Thursday, I think, and discussed how we should proceed 9 with this. And it was pretty much all the representatives 10 from Kerr and Bandera County, and it was felt by the majority 11 of the entities I represented that they'd let Region J do the 12 appeal and all the other entities file a support of that 13 appeal, rather than everyone write their own appeal and maybe 14 have conflicts between them which may be used against the 15 overall process. Makes sense to me. The -- and also, Region 16 J's a little bit -- because of their meeting schedule to be 17 called, as opposed to our schedule, they can get it done 18 probably more timely. Region J's going to have a meeting on 19 the 18th for the full board to vote on this appeal. 20 Hopefully -- I believe it will pass, and then that'll be 21 before all the other entities, such as Headwaters, U.G.R.A., 22 City of Kerrville, City of Ingram, and us, Kerr County -- I'm 23 not sure who all. Bandera County. And they just will 24 support it. But we've come up with a long list of problems 25 with the DFC's as it was set by GMA-9. Most of these are -- 8-10-09 48 1 it's not a challenge of the numbers as much as a challenge of 2 the process and data that was not included and not surveyed. 3 So -- but it looks like all of the entities out of Kerr 4 County are on the same page on this. 5 COMMISSIONER WILLIAMS: This will be an appeal to 6 the T.W.D.B.; is that correct? 7 COMMISSIONER LETZ: Yes. It's a very specific 8 process, how you have to do it, and notice and timing and all 9 that. And it was interesting that the -- there was some 10 feeling that we will -- this will be the first appeal of a 11 DFC, just by chance, and that it's going to be looked at very 12 closely, probably by the Water Development Board, because 13 there are some members of that board -- two of them, to be 14 precise. One's Jack Hunt, and another one, Weir Labatt, that 15 for different reasons do not like the DFC process at all, and 16 it's felt that this may get us kind of passed right up to the 17 full board for review. Which, because of the process, we're 18 really saying the process is more wrong than the -- the 19 numbers. We don't have the -- the data, and no one has the 20 data to challenge the numbers, per se, and that's the 21 problem. The numbers -- I mean, you -- there's no data there 22 to come up with this specific DFC. 23 COMMISSIONER WILLIAMS: It's all subjective. 24 COMMISSIONER LETZ: Very subjective. And a lot of 25 the data -- one of our biggest concerns is that they're using 8-10-09 49 1 a model of the Hill Country Trinity model that was last 2 updated in 2003. And both Headwaters and Bandera, the 3 equivalent of their groundwater district, have supplied 4 numerous data and information on wells and science on the 5 Edwards-Trinity Aquifer in Kerr and Bandera Counties, as well 6 as Region J doing a study of -- two studies related to the 7 Edwards-Trinity, and none of that data was considered. They 8 set the DFC based on a model that had no -- none of this new 9 information and input. 10 JUDGE TINLEY: And what action are you seeking from 11 the Court today? 12 COMMISSIONER LETZ: Today, nothing. It will be 13 back on our next agenda to support the appeal that Region J 14 files. 15 JUDGE TINLEY: Okay. Anything else in connection 16 with that agenda item? Let's move to Item 16, to consider, 17 discuss, take appropriate action to request a public hearing 18 in compliance with Senate Bill 1685 to establish a District 19 Court Technology Fund, to set a fee not to exceed $5 to be 20 assessed on the filing of civil actions, and approve the 21 District Clerk's annual plan for the preservation and 22 restoration of the district court records archive. 23 Ms. Uecker? 24 MS. UECKER: Yes. 25 JUDGE TINLEY: You're seeking a public hearing on 8-10-09 50 1 this matter? 2 MS. UECKER: Yes. 3 JUDGE TINLEY: Okay. Particular date and time? 4 MS. UECKER: Well, I guess the next Commissioners 5 Court meeting. 6 COMMISSIONER WILLIAMS: How much advance notice do 7 we have to give? 8 JUDGE TINLEY: Why don't we make it for 30 days, 9 and set it for the 14th of September. 10 MS. UECKER: 14th? 11 JUDGE TINLEY: At, say -- 12 COMMISSIONER LETZ: 10:30? 10:10? 13 JUDGE TINLEY: 10:10. 14 COMMISSIONER LETZ: 10:01? 15 JUDGE TINLEY: 10:10. 16 MS. UECKER: 10:10? 17 JUDGE TINLEY: A.m. 18 MS. UECKER: Okay. Also attached, I've submitted a 19 copy of the plan that has to be actually presented and 20 approved by the Commissioners Court annually, and the plan 21 would broaden the scope of what the -- the funds could be 22 used for. The first couple of -- the first year, this should 23 net about $8,500, and that is if everybody pays their fees on 24 the civil filings. And we also -- also in here, you'll see 25 the list of the proposed expenditures, the bill itself, and 8-10-09 51 1 so I guess all we need to do is set a public hearing on it if 2 the Court approves it. You don't have to, but this is 3 additional revenue that goes to the user. 4 COMMISSIONER LETZ: Linda, we approve it and then 5 the public hearing takes place? 6 MS. UECKER: Yes, mm-hmm. 7 JUDGE TINLEY: Actually, we approve the plan. 8 MS. UECKER: The plan, and then set it for a public 9 hearing. And -- and the fee is not to exceed $5, and my 10 proposal would be to set it at $5. 11 JUDGE TINLEY: And that -- the public hearing would 12 mention that -- that aspect of it? 13 MS. UECKER: Exactly. 14 COMMISSIONER WILLIAMS: Linda, the projected annual 15 revenue that you have in this document, based on the 16 parameters of SB 1685, is that based on your years of 17 experience in your department? 18 MS. UECKER: Well, it's based on the projected 19 number of civil cases that -- that this would be applied to. 20 COMMISSIONER BALDWIN: Which is tied to history? 21 MS. UECKER: Exactly. 22 COMMISSIONER BALDWIN: Yeah. 23 MS. UECKER: I mean, we're up this year on civil 24 filings again. So, based on that projection is what I came 25 up with. Of course, you're always going to have those cases 8-10-09 52 1 where affidavit of indigency, or C.P.S. cases, where there 2 are no costs. Protective orders. 3 COMMISSIONER LETZ: I'll make a motion that we 4 approve the plan as presented related to the District Court 5 Technology Fund. 6 COMMISSIONER WILLIAMS: And set a public hearing? 7 COMMISSIONER LETZ: And set a public hearing for 8 September 14th at 10:10. 9 MS. UECKER: 10:10? 10 COMMISSIONER WILLIAMS: Second. 11 JUDGE TINLEY: Motion made and seconded as 12 indicated. Question or discussion? 13 COMMISSIONER BALDWIN: Now, this is Item -- just 14 1.16? 15 JUDGE TINLEY: Mm-hmm. 16 COMMISSIONER BALDWIN: Yeah, okay. 17 COMMISSIONER WILLIAMS: Mm-hmm. 18 COMMISSIONER LETZ: Do I need to mention that -- 19 well the plan mentions the $5 fee, so -- 20 JUDGE TINLEY: Yeah. 21 MS. UECKER: Yeah. 22 COMMISSIONER BALDWIN: Linda, what is -- let's see. 23 What exactly does the words, "preservation and restoration of 24 district court records archive" -- what does that mean 25 exactly? 8-10-09 53 1 MS. UECKER: Okay. 2 COMMISSIONER BALDWIN: Does -- 3 MS. UECKER: If you look at the plan, on Page 5, 4 the goal is to reproduce and archive all documents, 5 regardless of type, as efficiently as possible, restore 6 handwritten records, suspending deterioration, improving 7 public access, and this is a continuing process as new cases 8 are filed daily. All closed cases up to this date have been 9 scanned and are digitized. One of the projects that -- you 10 know, and y'all have been budgeting a little bit of money 11 every year for me to be able to do this, is protect those -- 12 keep those records that are from the 1800's, handwritten 13 documents, from deteriorating any further, putting them in 14 mylar sleeves, and this could help for that as well. 15 COMMISSIONER BALDWIN: Mm-hmm. So, this goes 16 toward, like, digitalizing those records, or it may -- the 17 funds could be used to upgrade technology. 18 MS. UECKER: Exactly. 19 COMMISSIONER BALDWIN: If something came along 20 that's cooler than digitalization -- whew. 21 SHERIFF HIERHOLZER: Got that out good. 22 MS. UECKER: Yeah, I think so. 23 COMMISSIONER BALDWIN: So, you could use it for 24 future information, okay. 25 MS. UECKER: Now, the problem with all of this 8-10-09 54 1 is -- and if you look at the very last page of the plan, and 2 this is the way the Legislature said it, currently there are 3 three existing records preservations funds; there's one for 4 the County Clerk, one for all of the -- all of the offices 5 for the county, and then there's the District Clerk's 6 preservation fund. Now, this last session created three 7 additional new funds, one of them out of this current item, 8 1685, which is a District Clerk Technology Fund, and the next 9 item on this agenda creates two more funds. 10 COMMISSIONER BALDWIN: Mm-hmm. 11 MS. UECKER: Which is the County and District Clerk 12 Technology funds and the Court Records Preservation fund. 13 The Auditor called me Friday and said, "Can we combine 14 these?" And I -- you know, I said, "Well, the statute is the 15 statute, and I don't know that we can actually do that." Of 16 course, then I got to thinking, well, what if, once they're 17 established in that fund, it was all paid over into one, you 18 know, big fund in the sky. I don't know. But that would be 19 -- that's just the way they're written, and I don't know 20 exactly how that happens or -- or why. But -- 21 COMMISSIONER BALDWIN: Well, I see plainly why 22 you'd want to have them separated. I mean, what if we 23 disagreed with one of them? Disagree with the whole thing? 24 So, no, you're doing it right, I think. 25 MS. UECKER: Well, and they're all part of the 8-10-09 55 1 budget process under the direction of the Commissioners 2 Court, so -- 3 COMMISSIONER LETZ: Makes more -- be easier if they 4 would simplify it, but they don't, so -- 5 MS. UECKER: Yeah. 6 COMMISSIONER LETZ: So they don't. 7 COMMISSIONER OEHLER: They don't. That's the way 8 it is. 9 JUDGE TINLEY: Any other -- 10 COMMISSIONER OEHLER: Just the way it is. 11 JUDGE TINLEY: Sorry? 12 COMMISSIONER OEHLER: Just the way it is. 13 JUDGE TINLEY: Any other question or discussion on 14 the motion? All in favor of the motion, signify by raising 15 your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: That motion does carry. We'll -- 20 MS. UECKER: Do I need to get the notice posted, or 21 does the Court? 22 COMMISSIONER LETZ: You. 23 JUDGE TINLEY: For the public hearing? 24 MS. UECKER: I do? Okay, not a problem. 25 JUDGE TINLEY: We'll move to Item 17; consider, 8-10-09 56 1 discuss, take appropriate action to comply with House Bill 2 3637 to establish a County and District Court Technology 3 Fund, set a filing fee not to exceed $10 to be assessed in 4 each civil case to be used only to digitize court records and 5 preserve the records from natural disasters. Ms. Uecker? 6 MS. UECKER: Okay, same purpose. This bill 7 actually creates two different fee amounts. One of them is a 8 set $4 that the Court doesn't have to set; it's not a -- not 9 to exceed $4, but that one is on criminal cases. In addition 10 to that, it also establishes this not-to-exceed $10 fee on 11 all civil cases that the Court has to set. There's no 12 requirement for a public hearing or anything like that. It's 13 just set the fee at not to exceed $10, and, you know, my 14 proposal would be to set it at the maximum of $10. Now, 15 those together, in doing -- in looking at what the fees could 16 establish annually, 3637 and 1685 could produce revenue up to 17 about $20,000 for the first year. 18 COMMISSIONER LETZ: Linda, what's the total fees of 19 this type on civil cases now? 20 MS. UECKER: Oh my goodness. 21 COMMISSIONER LETZ: I mean, it's -- 22 MS. UECKER: Okay, look on the last page; you'll 23 see it. 24 COMMISSIONER WILLIAMS: Last page of this? 25 MS. UECKER: Existing related funds. $10 on civil 8-10-09 57 1 cases; five of it goes to the clerk's records preservation 2 fund -- five of it goes to mine; five goes to the County's. 3 And then there's a $25 fee on eviction in County Court at Law 4 and District Court. $22.50 of it goes to the County's fund, 5 which is where the biggest portion of that fund comes from, 6 and then $2.50 goes to -- if I collect it, it goes to my 7 fund; if Jannett collects it, it goes to her fund. So, if 8 you do the 10, 25, that's 35. And then the 4 and 10 and then 9 the other 5 -- 10 COMMISSIONER LETZ: About $60. 11 MS. UECKER: Yeah, $60. But it's a user fee, so -- 12 COMMISSIONER WILLIAMS: Does it require a public 13 hearing also? 14 MS. UECKER: No. 15 COMMISSIONER WILLIAMS: Does not. 16 COMMISSIONER LETZ: I move that we set the County 17 and District Court Technology Fund as established by HB 3637 18 at $10. 19 COMMISSIONER OEHLER: Second. 20 MS. UECKER: Now, the only difference -- I'm sorry. 21 The only difference between those two fees is this one will 22 take effect -- the $10 fee takes effect January 1, because of 23 Government Code 51.607. Now, 1685 takes effects as soon as 24 the hearing -- the public hearing is over, and if the Court 25 approves it, that can take -- takes effect immediately, 8-10-09 58 1 because that bill became effective June the 19th, because it 2 received more than two-thirds of the vote. And any fee that 3 is assessed on a bill that takes effect prior to August 1 is 4 effective immediately. I know. Maybe you didn't understand 5 that, but -- 6 COMMISSIONER BALDWIN: Whatever. 7 MS. UECKER: Whatever. It's complicated. 8 COMMISSIONER BALDWIN: Let me ask you something. 9 See, and my questioning on the other one -- this one, you 10 actually uses the word "digitize." 11 MS. UECKER: Yes. 12 COMMISSIONER BALDWIN: That -- civil cases to be 13 used only to digitize. 14 MS. UECKER: That's right. 15 COMMISSIONER BALDWIN: We can't use that for any 16 new -- anything else? 17 MS. UECKER: New -- what do you mean? 18 COMMISSIONER BALDWIN: Any new technology that 19 comes along, we can't use any of these funds for that? It 20 has to be for digitize -- digitized -- 21 MS. UECKER: I guess you could, as long as it still 22 digitizes the records. 23 COMMISSIONER BALDWIN: Yeah, if it's digitized. 24 Yes, I see that. 25 MS. UECKER: But, of course, everything that we're 8-10-09 59 1 doing now is digitizing. So -- 2 COMMISSIONER BALDWIN: And so what about -- what 3 about preserve records from natural disasters? How do you do 4 that? 5 MS. UECKER: You digitize them. You digitize them, 6 and -- in case the originals are either burned or get wet 7 from flooding. 8 COMMISSIONER WILLIAMS: Will they be stored on a 9 server, or are they put on a disk? 10 MS. UECKER: Mine are stored off-site in San 11 Antonio. 12 COMMISSIONER BALDWIN: There's the answer to my 13 question right there. Thank you. 14 JUDGE TINLEY: We have a motion and a second. Is 15 there any further discussion or question on the motion? All 16 in favor of the motion, signify by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: That motion does carry. We will 21 move to Item 18; consider, discuss, and take appropriate 22 action to authorize Request for Proposals for inmate food 23 service. Sheriff? 24 SHERIFF HIERHOLZER: This has been mentioned a 25 couple times before during previous Commissioners Court, 8-10-09 60 1 where we had a proposal from a vendor that actually was 2 cheaper in producing meals than we could produce them 3 ourselves, mainly because they have such a large deal. And 4 since it is something that the County would be spending more 5 than $50,000 a year over, it would have to go out for bids. 6 So, what I have -- am asking is that when Rex and I finish 7 going over the -- an RFP, that we have permission to send 8 that out so hopefully we get it all in line with budget. 9 COMMISSIONER LETZ: Move approval. 10 COMMISSIONER WILLIAMS: Second. 11 JUDGE TINLEY: Motion made and seconded for 12 approval of the agenda item. Question or discussion? All in 13 favor of the motion, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: The motion does carry. Let me make 18 mention of -- that Item 14, dealing with the approval of and 19 adoption of the Personnel Policy, Ms. Hyde is unavailable, so 20 that item will be passed to a future meeting. We'll move to 21 Item 19; consider, discuss, and take appropriate action 22 regarding submission of an application for a Homeland 23 Security grant for communications equipment. Sheriff? 24 SHERIFF HIERHOLZER: What this one is, is last 25 year, if you'll recall, we got approximately 90,000 from this 8-10-09 61 1 same grant that helped replace about half of our car radios. 2 This is the second half that we need to get done to replace 3 the rest of the vehicle radios and portables. It will also 4 be replacing the radios that all the constables have and that 5 Animal Control has, are all included in this. 6 COMMISSIONER WILLIAMS: Move approval. 7 COMMISSIONER OEHLER: Second. 8 COMMISSIONER BALDWIN: Second. 9 JUDGE TINLEY: Motion made and seconded for 10 approval. Question or discussion? All in favor of the 11 motion, signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: Motion carries. Item 20, to 16 consider, discuss, and take appropriate action regarding 17 approval of inmate housing contract between Kerr County 18 Sheriff's Office and Gillespie County Sheriff's Office. 19 Sheriff? 20 SHERIFF HIERHOLZER: Well, this is, I think, the 21 product of the direct file working, the steps that y'all took 22 in speeding up some of the jail process of inmates, getting 23 those people to court. Last week, I don't think we had a 24 single day all week that we were over 100. We were in the -- 25 in the 90's most of the week. Now, this morning we had 107 8-10-09 62 1 in jail. Four of those would be getting out, 'cause I looked 2 at those; they came in last night charged with Class C 3 misdemeanors, so it drops us down to 103 before we even 4 really start a bunch of the day-to-day processing. In doing 5 that, I feel that, talking to Buddy Mills over at Gillespie 6 County, Sheriff there, of course, they've been housing a lot 7 of theirs in Comanche. I know Bandera, opening up their new 8 jail, has offered, but I think the price is a lot different 9 than what I would recommend we charge, and it would make it 10 easier for Gillespie County to be able to house their inmates 11 here. Their jail administrator lives in our county. As far 12 as hauling prisoners back and forth, it's all 216th District 13 Court on felonies; they could even actually have court days 14 over here for the -- their inmate ones. And what I would 15 recommend, if you look at our costs right now, at 90 -- or at 16 100 inmates, our average cost, not counting what we're still 17 paying on the -- on a yearly payment of the jail bond itself, 18 but if you figure in all the other fees, jailer salaries, 19 everything else, it's costing us about $44 a day to house an 20 inmate. Now, if we do this contract -- and what I'm 21 recommending is that we do it at $37 a day, because my 22 overhead is going to stay the same. I'm fully staffed. The 23 $44 a day is fully staffed; nothing changes except for some 24 -- the meals, of course, would change a little bit, and just 25 some of the toiletries and things like that, I guess you 8-10-09 63 1 could say, would change. But it's not going to be anywhere 2 near $44 a day to house these extra inmates. That would drop 3 even our cost average, so I would recommend that we -- we can 4 do this at $37 a day per inmate. And then they reimburse for 5 any medical expenses that we have to have on top of that. 6 What they're paying Comanche right now is $35 a day, and I 7 think on switching that out, that would be the best way to 8 go. 9 COMMISSIONER LETZ: What's Bandera going to charge? 10 SHERIFF HIERHOLZER: $50. 11 COMMISSIONER LETZ: $50. 12 SHERIFF HIERHOLZER: They won't -- that's what 13 Buddy, the Sheriff of Gillespie County, had heard. And 14 there's no way they could -- they would go $50. 15 COMMISSIONER LETZ: They're not open yet? 16 SHERIFF HIERHOLZER: Supposed to open sometime in 17 the next month, I think, hopefully, but they don't have the 18 employees to staff it yet either, from what I'm hearing. 19 COMMISSIONER BALDWIN: You didn't say -- you didn't 20 say to us that it costs us $44 a day to house one, and we 21 were going to charge somebody $37? 22 SHERIFF HIERHOLZER: I did. 23 COMMISSIONER BALDWIN: I see. Let me -- I'll have 24 to think about that. 25 SHERIFF HIERHOLZER: The reason being is the $44 a 8-10-09 64 1 day is -- is our jail running at full -- fully staffed, which 2 it is, the electric, everything else is running the same, 3 okay? 4 COMMISSIONER WILLIAMS: Fixed costs. 5 SHERIFF HIERHOLZER: Yeah, our fixed costs. Our, 6 you know, normal overhead. The only thing I'm adding to 7 that, okay, that these 30 inmates -- if we house up to 30 of 8 theirs, would be is meals. That's what we're adding, and a 9 few incidentals, so this would not cost us $10 a day to 10 actually take on these other inmates. And I'm suggesting we 11 charge $37 a day. That's what we charge -- 12 COMMISSIONER WILLIAMS: Isn't 39 -- 37 what we used 13 to charge in the previous contracts? 14 SHERIFF HIERHOLZER: $37 a day is what we charged 15 in the previous contracts. Started out at 35, and we went to 16 37. 17 JUDGE TINLEY: What are we currently charging the 18 City for their overnight prisoners? 19 SHERIFF HIERHOLZER: $37. 20 JUDGE TINLEY: Okay. 21 COMMISSIONER LETZ: Question I had from the J.P.'s 22 before the meeting was, does this impact magistration at all 23 from their standpoint? 24 SHERIFF HIERHOLZER: Well -- 25 COMMISSIONER LETZ: Would they be required to 8-10-09 65 1 magistrate? 2 SHERIFF HIERHOLZER: At this point, part of this 3 contract is on court days, they have to supply the personnel 4 to come over and take care of their inmates during court. 5 That's in the contract. Also in the contract is they do all 6 transporting back and forth. At this point, it would not 7 involve anything with magistration or anything like that. 8 Now, if the Jail Commission -- I know Buddy went there last 9 week, and his judge, to Austin. If they were to issue the 10 order to close the Gillespie County Jail, the old one, and 11 not give them a, you know, 48-hour lockup facility, holding 12 facility, then, yeah, it could affect magistration. 13 COMMISSIONER LETZ: Okay. But at this point, 14 there's no magistration added to our J.P.'s? 15 SHERIFF HIERHOLZER: No. No, there's no extra 16 duties added to our J.P.'s at this point on any of these. 17 JUDGE TINLEY: And the contract has been reviewed, 18 or is in the process of review with the County Attorney? 19 SHERIFF HIERHOLZER: The contract has pretty well 20 been written by our County Attorney, because he took an old 21 one and he totally redid it. I applaud him for being able to 22 get it done this quickly. Clay was just on the phone -- 23 that's why I stepped out a little bit. Gillespie County 24 Commissioners Court is this morning also. We're trying to 25 get this thing approved, and I think they had a couple 8-10-09 66 1 questions, I hope that are getting resolved, but -- but I 2 think we can get it all resolved and get this in place. 3 COMMISSIONER OEHLER: How many inmates do they have 4 right now? 5 SHERIFF HIERHOLZER: They are housing -- as of two 6 weeks ago, in Comanche, they house anywhere from 25 to 43, I 7 think, or 45. What I'm writing this contract for would give 8 us some leeway, is 30. I think two weeks ago, they actually 9 had 28 -- 25 to 28 in Comanche. What this will -- if we -- 10 if we did 30 inmates a day, at 365 days, you're talking about 11 $495,000 income for the County, and then take away the cost 12 of the meals. 13 COMMISSIONER WILLIAMS: They send out all of their 14 prisoners, right? 15 SHERIFF HIERHOLZER: They send out just about all. 16 They can keep a few in-house, but very, very few. 17 COMMISSIONER BALDWIN: Now, if this issue of 18 magistration comes up, we need to visit about that. The 19 natives are restless on that issue. 20 COMMISSIONER OEHLER: Especially 1 and 3. 21 COMMISSIONER WILLIAMS: Yeah. 22 COMMISSIONER BALDWIN: I just -- I'm just saying 23 courtesy. Courtesy visit. 24 SHERIFF HIERHOLZER: I agree, we can visit on that. 25 COMMISSIONER BALDWIN: Or we can say no to this 8-10-09 67 1 today, either one. 2 SHERIFF HIERHOLZER: Up to y'all. 3 COMMISSIONER LETZ: If the magistration -- if they 4 close this jail, they can't put anyone up there. If that 5 happens, they could -- we could enter into an agreement for 6 magistration, or they could send their J.P.'s down here. 7 SHERIFF HIERHOLZER: I think at that time -- and 8 I'm not taking up for Gillespie County, but if they close 9 that, make them haul prisoners, everybody they arrest, number 10 one, I think you're going to see arrests go down in Gillespie 11 County. Gillespie County doesn't arrest near what we have. 12 Magistration, you're probably looking at an average of one 13 inmate a day. And if this County wants to charge to 14 magistrate, read somebody their rights, for one inmate a day, 15 I've got a problem with that. 16 COMMISSIONER WILLIAMS: What happens if in-county 17 population reaches the point where you become impacted? 18 SHERIFF HIERHOLZER: Then they -- normally, we each 19 have 30 days to cancel out this contract with written notice. 20 If I reach in-house a population where I'm above what the 21 state, you know, has okayed us for, the 80 percent and that, 22 then they have eight hours to get any of those inmates that I 23 say get out. 24 COMMISSIONER WILLIAMS: And make alternate 25 arrangements? 8-10-09 68 1 SHERIFF HIERHOLZER: And make alternate 2 arrangements. 3 JUDGE TINLEY: You have the right to curtail -- 4 SHERIFF HIERHOLZER: We have the right to curtail 5 that. We also have the right to refuse any inmates that we 6 wish to refuse under the contract. 7 COMMISSIONER OEHLER: Move approval. 8 JUDGE TINLEY: Somebody in the driver's seat. 9 SHERIFF HIERHOLZER: Yeah. We're going back to 10 where we were back in 2000 when I first took office, when we 11 were able to bring in half a million dollars. 12 COMMISSIONER BALDWIN: Is this the only contract we 13 have, or do we still have a contract with Uvalde and all 14 those other people? 15 SHERIFF HIERHOLZER: Technically, we still have 16 contracts, okay, with the -- oh, we have them with Bandera, 17 we have them with Junction, Mason, Menard, McCullough, 18 Blanco, Burnett. Several -- quite a few counties that are 19 still on file. We have not used any contracts in a number of 20 years, and we kind of halfway canceled them all because of 21 the -- of the crowding that we were going through. So, if we 22 were to reenact any of those, and say we continue to go 23 down -- I don't see that happening -- then what I would do is 24 ask Rex to redo all those contracts before we sign any new 25 ones. 8-10-09 69 1 COMMISSIONER BALDWIN: So, what we're doing today 2 is we're reaching across the Rhine to our brethren -- our 3 brethren in Gillespie County. 4 SHERIFF HIERHOLZER: At this time. 5 COMMISSIONER BALDWIN: Offering a hand of help. 6 SHERIFF HIERHOLZER: It's the Pedernales. 7 COMMISSIONER WILLIAMS: At $37 a day. 8 COMMISSIONER BALDWIN: At $37 a day. They need to 9 magistrate their own people. All right. 10 COMMISSIONER LETZ: Do we have an actual contract 11 to approve? 12 SHERIFF HIERHOLZER: There is a contract that I 13 have, that the Judge -- 14 MR. EMERSON: Subject to minor changes, if y'all 15 would, when you bless it. 16 SHERIFF HIERHOLZER: But that's another deal. 17 JUDGE TINLEY: Subject to approval. 18 COMMISSIONER BALDWIN: Yeah. 19 COMMISSIONER LETZ: Do it, and then y'all tweak it 20 and get it on down the road. 21 COMMISSIONER WILLIAMS: Yeah. 22 COMMISSIONER LETZ: I move approval of entering 23 into a contract with Gillespie County for housing prisoners 24 at $37 a day, subject to the final approval by the County 25 Attorney of the contract. 8-10-09 70 1 COMMISSIONER OEHLER: Second. 2 JUDGE TINLEY: Motion made and seconded as 3 indicated. Question or discussion on the motion? 4 COMMISSIONER LETZ: And that we authorize the 5 County Judge to sign said contract. 6 JUDGE TINLEY: Any further question or discussion? 7 All in favor of the motion, signify by raising your right 8 hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: The motion carries. Item 21; 13 consider, discuss, take appropriate action regarding applying 14 to local foundations for grants to upgrade audio-visual 15 technology in three courtrooms. 16 SHERIFF HIERHOLZER: What this is, is I think 17 everybody's aware, in the district courtrooms especially -- 18 Linda can vouch for this -- we have two very nice drop-down 19 screens for evidence presentation, if it's overhead or 20 something else, but that's all that's there. There was 21 never -- back when the courtrooms were built, the old jail 22 was remodeled, never any equipment put in there to actually 23 operate those screens or work with the audio-visual 24 technology part. We had a company come in and give us an 25 estimate of totally hooking up three courtrooms, which would 8-10-09 71 1 be both district courtrooms and County Court at Law, with the 2 most advanced technology in audio-visual trans -- or, you 3 know, presentation of evidence, where -- where cameras even 4 turn on the -- if it's the defense attorney giving the talk, 5 the camera turns on him. Everything is recorded, okay, in 6 that courtroom for future stuff, and in assistance with the 7 court reporters and them, that they can use to go back and -- 8 and re -- every word is recorded. And then the overhead 9 projector, videos, all the different types of CD's and DVD's 10 that we play. I know every time we have a jury trial up 11 there, everybody's hunting a different type of TV or DVD -- 12 you know, it's just -- it's chaos to go through. 13 What this would also do is, if we had any major 14 trials in the courtrooms or in Kerr County, it would allow us 15 to corral the media in one location, which would probably be 16 this courtroom; that there would be jacks put in that they 17 can plug into and get their feed directly out of those 18 courtrooms without ever being allowed up -- up on the second 19 floor. The total cost of this project would be about 20 $175,000, is what the bid is. What we are suggesting is that 21 we be allowed to apply for -- 'cause it has come from 22 foundations to us, that we be allowed to apply for two 23 different foundations, local foundations, for one-third each 24 of the cost, and then the County, in their capital 25 expenditure fund, the other third, which would be about 8-10-09 72 1 60,000 to each deal to upgrade all this technology. 2 MS. UECKER: Rusty, we have one projector. We can 3 use that, and that would reduce the cost, that we bought last 4 year. 5 SHERIFF HIERHOLZER: This will -- this type of 6 projector even gives a judge a touch screen in front of his 7 bench to control everything, whether it goes on the projector 8 or not on the projector, and it's just the same thing some of 9 the federal courthouses have gotten. That's all this company 10 does. 11 COMMISSIONER WILLIAMS: This contemplates the two 12 district courts and the County Court at Law? 13 SHERIFF HIERHOLZER: That's correct. And hookups 14 in this one, most likely in one of the two, this one or the 15 County Court for the -- 16 COMMISSIONER OEHLER: Buster, would that get rid of 17 court reporters? 18 SHERIFF HIERHOLZER: No. That was tried at one 19 time. Some courts have done that, but it was tried at one 20 time, and I think most of the courts have ruled no. It can 21 assist court reporters in being able to get accurate, you 22 know, translations and everything that they need. It can be 23 used for that, but I do not believe that the courts have 24 allowed you to replace the court reporters. 25 COMMISSIONER BALDWIN: I will say, I was up there 8-10-09 73 1 last week in a jury trial observing, and they had one of 2 these things sitting out there to project some -- it was a 3 police stop, a traffic stop. And I'm going to tell you, an 4 hour and a half later, they finally got the damn thing turned 5 on, and then we had to get experts in there to get the sound 6 up. Never did. And it was just the most embarrassing, worst 7 thing I've ever seen in my life. 8 SHERIFF HIERHOLZER: It -- 9 COMMISSIONER BALDWIN: One of them. One of the 10 worst things I've ever seen in my life. Remember that time 11 we were down in Del Rio? 12 COMMISSIONER WILLIAMS: Yeah. (Laughter.) That 13 was worse? 14 COMMISSIONER BALDWIN: That was worse. But -- but, 15 you know, if it's going to cost the County, I'm not going to 16 vote for it unless it goes into the budget process just like 17 everything else. I'm not going to approve it today. 18 SHERIFF HIERHOLZER: Well, what I want today -- and 19 what we -- we need to be able to apply for the grants, but it 20 is contingent on -- if the grant -- 21 COMMISSIONER WILLIAMS: Application only. 22 SHERIFF HIERHOLZER: Yeah, for application only. 23 If the grants were approved, then the County is kind of 24 committing -- 25 COMMISSIONER WILLIAMS: Then we go through the bid 8-10-09 74 1 process and the whole thing, and the -- 2 SHERIFF HIERHOLZER: That would probably be exactly 3 right. Rex is shaking his head. 4 COMMISSIONER LETZ: How much is the total amount? 5 SHERIFF HIERHOLZER: $175,611.92. 6 COMMISSIONER BALDWIN: And a third of that is how 7 much? 8 SHERIFF HIERHOLZER: $58,373.10. 9 COMMISSIONER WILLIAMS: I move approval of the 10 grant application as presented by the Sheriff. 11 COMMISSIONER LETZ: I'll second. Then I'll -- 12 JUDGE TINLEY: Motion made and seconded. Question 13 or discussion? 14 COMMISSIONER LETZ: Doesn't mean I'm voting for it. 15 I kind of share the concern that Commissioner Baldwin has. I 16 mean, this technology stuff a lot of times doesn't seem to 17 work, and -- or you go through these delays in trying to get 18 the projectors to work. And, you know, is there an assurance 19 that this is going to be a simple system that will work? 20 SHERIFF HIERHOLZER: That's exactly why we're 21 applying for this system. What Buster is referring to is 22 what we've all seen up there, if you've been up there at all. 23 It's trying to -- you know, unfortunately, what you have 24 nowadays is our interview rooms record on a certain type of 25 format. You know, patrol cars, with all the new video and 8-10-09 75 1 audio stuff in those, record on a certain type of format. 2 Regular store-bought DVD's are a different type. You get 3 many different types of -- of recordings that half the time, 4 we can't find equipment around -- you know, the district 5 court has gone and bought different VCR players, DVD players. 6 I know Rex has gone and bought different ones, and we have, 7 trying to make everything work correctly, because you never 8 know what type of format it was recorded on. This is 9 supposed to, is what we've been told, and I would think the 10 contract, when they install, it's going to have to be written 11 to where it will take care of all those things. But we're 12 trying to solve what -- and I think Buster hit it right on 13 the head. A courthouse like this and a county this size, and 14 what we present in jury trials, and jurors being the most 15 important thing, when they walk in this courthouse, we are 16 the most unprofessional people in the world that I've ever 17 seen on presenting cases, just because of the technology. We 18 have -- we had -- you know, it started out great with the 19 great big drop-down screens, but then it ended at that, and 20 we've never set up things. I've seen some private civil 21 trials come in here where those attorneys brought, you know, 22 $100,000 worth of equipment that could do a professional job 23 of presenting cases, but we just never had -- 24 COMMISSIONER WILLIAMS: Let me come at it from a 25 little different angle, following up on Commissioner Letz. 8-10-09 76 1 If the grant application is approved, at that time, will you 2 engage with our I.T. Department for development -- and people 3 in the courtroom, to develop a uniform set of specifications 4 so we can eliminate all this junk -- equipment that gets 5 brought in here that doesn't work, that doesn't connect? 6 SHERIFF HIERHOLZER: Definitely. 7 COMMISSIONER WILLIAMS: Thank you. 8 COMMISSIONER LETZ: The other part of that is, I 9 mean, I think the -- whether it's our I.T. Department or, you 10 know, someone who hopefully is helping write the 11 application -- other than you, Sheriff. Not that I have 12 any -- 13 SHERIFF HIERHOLZER: Not me, no. I don't have the 14 technology. I agree with you 1,000 percent, Jon. I don't -- 15 I'm not going to write those specifications. 16 COMMISSIONER LETZ: Okay. 17 SHERIFF HIERHOLZER: Like the RFP for the meals. 18 COMMISSIONER LETZ: You're arranging for someone to 19 write the specs for the grants so we know that the amount of 20 money we're asking for is what we really need? 21 SHERIFF HIERHOLZER: Yes. 22 COMMISSIONER LETZ: Okay. All right. 23 COMMISSIONER OEHLER: We need to, you know, have 24 some -- it's going to have to be prepared for in the budget 25 somehow or another. It can be put in as a -- you know, 8-10-09 77 1 contingent only, but you got to go through the budget. 2 COMMISSIONER WILLIAMS: Well, if we get the grant, 3 we add it to the budget, and then we -- 4 SHERIFF HIERHOLZER: Right. 5 COMMISSIONER OEHLER: How soon do you think you 6 would know whether you got the grant? 7 MS. UECKER: Being that you're applying for local 8 foundations, I think we would know way before October on 9 whether or not the grants would be approved. 10 COMMISSIONER OEHLER: Enough time for us to change 11 the proposed budget? 12 COMMISSIONER WILLIAMS: If we take the check and 13 accept it and add it to the budget, then we would expend it. 14 COMMISSIONER OEHLER: Okay, I'll go with that. 15 JUDGE TINLEY: Any further question or discussion 16 on the motion? All in favor of the motion, signify by 17 raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: The motion does carry. Let's 22 quickly go to our 10:30 timed item, to consider, discuss, 23 take appropriate action regarding removal of Road and Bridge 24 surplus property from fixed assets. 25 MS. SOLDAN: I've been working on our property 8-10-09 78 1 insurance renewal, and going through the fixed assets and 2 making sure that what we have in our fixed assets is also on 3 our insurance. So, I e-mailed the report to Road and Bridge 4 and asked them to take a look at it and let me know what 5 items they do still currently have, and we came up with a 6 list of items that they do not have any more, which they 7 would like to remove from fixed assets, which is what was 8 given to you to review. 9 JUDGE TINLEY: What you're saying is, all of these 10 various items that are described have been used up and may be 11 either not there, or -- 12 MS. SOLDAN: Or need to be disposed of. 13 JUDGE TINLEY: Salvaged iron value only, huh? 14 COMMISSIONER LETZ: Move approval. 15 COMMISSIONER BALDWIN: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval. Question or discussion? All in favor of the 18 motion, raise your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: Motion does carry. Let's take about 23 a 15-minute recess. 24 (Recess taken from 10:30 a.m. to 10:51 a.m.) 25 - - - - - - - - - - 8-10-09 79 1 JUDGE TINLEY: Okay, let's come back to order, if 2 we might, after our recess. Let's move to Item 22; consider, 3 discuss, take appropriate action authorizing Road and Bridge 4 to haul water to preserve and stabilize recently installed 5 at-risk landscaping at the courthouse if needed. 6 Commissioner Letz? 7 COMMISSIONER LETZ: I put this on the agenda based 8 on -- the City of Kerrville recently went into Stage 3 9 drought restrictions, which prohibit any use of sprinkler 10 systems. And this is also kind of after a conversation I had 11 several weeks ago, maybe a month ago, with the City Manager 12 and others at the airport of -- you know, of looking at 13 alternative sources for certain projects we're undergoing in 14 the county, whether private or public. At that meeting, we 15 talked about construction projects, having to find 16 alternative sources at the airport, that big project, find 17 alternative sources, whether it's out of the river, private 18 wells. That got me to thinking about -- we just spent a lot 19 of money putting in new sod at the courthouse, and are now 20 prohibited from watering it, and that we do have the 21 resources, through our Road and Bridge Department, to be able 22 to haul water, and we have some wells that are in compliance 23 with the Underground Water District's limits, both at Little 24 League and at Mountain Home. And I think on a -- just to 25 kind of put it on the agenda once every two weeks, you know, 8-10-09 80 1 to keep this sod alive if this drought does continue, to 2 allow some watering on it. I think it's a -- I think it's 3 kind of something we just need to look at doing, and 4 something we need to -- I'm not sure what Leonard has from 5 the standpoint -- I know he can haul water. I don't know if 6 he can spray water or, you know, hoses, or I don't know what 7 we really have out there. I wanted to ask Leonard, you know, 8 what their ability was. And I understand that this will have 9 to be worked in around his other workload. 10 MR. ODOM: Right. And also, may I say, building 11 maintenance also has an individual -- you have Ray McCarson 12 has a CDL, so he can -- and is aware of the water truck. 13 It's not that Road and Bridge would not help you. We 14 certainly would, but the fan spray -- we do have a fan spray 15 on one. But there's hoses out there on the old yellow water 16 truck, so different things can be done for different 17 situations, you know. So -- 18 COMMISSIONER LETZ: Right. Well, that can be -- 19 MR. ODOM: More than happy if the Court wants to do 20 that. But, again, McCarson can do it. 21 COMMISSIONER LETZ: Well, I think it's great, 22 really. It's really -- I would probably prefer to have 23 Maintenance do it, but using y'all's truck. 24 MR. ODOM: Right, that's fine. 25 COMMISSIONER LETZ: Okay. And just making sure -- 8-10-09 81 1 MR. ODOM: We'll just coordinate and we'll make 2 sure we can get you something when you need it. 3 COMMISSIONER LETZ: -- we figure out a way to get 4 water, because it's an investment to the taxpayers. I think 5 we need to protect it. 6 COMMISSIONER OEHLER: We can get it from the sewer 7 plant, another alternative. 8 MS. HOFFER: They charge. 9 MR. ODOM: They do charge us, but -- 10 COMMISSIONER LETZ: I'm not sure -- I'm not 11 positive, but when we e-mailed the City Manager, I believe 12 they were going to cut off a lot of that as well. 13 COMMISSIONER WILLIAMS: They have. 14 COMMISSIONER LETZ: They -- I don't believe you can 15 buy from the sewer plant any more under Stage 3. And there 16 are -- I started looking at some of our wells that we have 17 that we still -- and we have the capacity to pump. It can be 18 done; we don't use them that much. I think we need to check 19 on that. Obviously, if we need to buy from the City, that's 20 a good option too, 'cause -- just from a time standpoint. 21 MR. BOLLIER: I thought we could still hand-water 22 by water hose. 23 COMMISSIONER LETZ: We can hand-water some, or as 24 well, and that's another option. But this is just to give 25 you another option. 8-10-09 82 1 MR. BOLLIER: Okay. 2 COMMISSIONER LETZ: That I think is -- we just need 3 to make sure that landscaping is green and looks good. I 4 mean, whatever you're doing right now seems to be working, so 5 maybe just continue. I mean, it's obviously not as green as 6 we'd like to see it, but considering the drought we're in, 7 the goal is to keep it alive, not to make it beautiful. 8 COMMISSIONER WILLIAMS: Hand-watering, there's just 9 two very short windows of opportunity, between 7:00 and 9:00 10 in the morning, and same in the evening, so that doesn't 11 offer you a lot of opportunity -- 12 MR. BOLLIER: Yeah. 13 COMMISSIONER WILLIAMS: -- for watering this sod. 14 MR. BOLLIER: Absolutely. 15 COMMISSIONER LETZ: So, anyway, it's just another 16 option, and I don't know -- do we need to actually take 17 action on this, Judge? Or just a -- 18 JUDGE TINLEY: I don't -- you know, seems like 19 everybody seems to be on the same page. 20 COMMISSIONER BALDWIN: Yes. 21 COMMISSIONER LETZ: Right. All right. 22 JUDGE TINLEY: Anything further on that item? 23 COMMISSIONER LETZ: That's it. 24 COMMISSIONER WILLIAMS: No. 25 JUDGE TINLEY: Okay. Let's go to Section 4, 8-10-09 83 1 payment of the bills. 2 COMMISSIONER BALDWIN: Judge, I think we should pay 3 the bills. 4 COMMISSIONER LETZ: I'll second. 5 JUDGE TINLEY: We have a motion and a second to pay 6 the bills. Question or discussion? All in favor of the 7 motion, signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: The motion does carry. Budget 12 amendments. 13 MS. HARGIS: Yes, sir. We have one extra one. I'm 14 going to just give y'all these and then let you hand them 15 around. And we have a correction on one. Number 12 should 16 reflect an additional 10,752.50, not .15. 17 COMMISSIONER LETZ: I don't have a 12. 18 MS. HARGIS: You don't have a 12? 19 COMMISSIONER LETZ: I stop at 11. 20 COMMISSIONER WILLIAMS: It was a separate sheet. 21 MS. HARGIS: A separate -- 22 COMMISSIONER LETZ: How about 13? 23 COMMISSIONER OEHLER: I got 13. 24 COMMISSIONER WILLIAMS: 13 is what replaced 12. 25 MS. HARGIS: You should have Number 12, which 8-10-09 84 1 should be for Elections. Is that correct? 2 COMMISSIONER BALDWIN: Yeah. How much is it? 3 MS. HARGIS: It should be 10,752.50. 4 COMMISSIONER BALDWIN: Now, what's unreserved fund 5 balance? 6 MS. HARGIS: When we don't have -- in some of these 7 funds, we build up a -- a surplus, or we don't use the 8 revenue every year, and so, therefore, we go back and grab 9 that revenue to be able to budget for that year, and it's 10 called reserve fund balance or surplus funds in that account. 11 That particular fund has -- the election funds, I believe, 12 has 17,000 in it, and then the records preservation has 93. 13 COMMISSIONER BALDWIN: Okay, I'm with you now. 14 The -- so, the elections -- the unreserved fund balance is 15 part of the elections? 16 MS. HARGIS: Yes. 17 COMMISSIONER BALDWIN: Thank you. And the same 18 thing about the -- 19 MS. HARGIS: 13, yes. Each fund has their own 20 unreserved fund. 21 COMMISSIONER BALDWIN: Okay, very good. 22 MS. HARGIS: The election one I think has been 23 explained to you. That one is for the warranty on the 24 election equipment that we didn't know we were going to have 25 to pay. And then the records preservation is -- we -- I've 8-10-09 85 1 been told by both Jannett and Linda that that is for all -- 2 that's for the entire courthouse. And Diane needs to put 3 some of her records in preservation, and for this year, they 4 want to put in $15,750. 5 JUDGE TINLEY: To include the Tax Assessor's 6 office? 7 MS. HARGIS: Yes. 8 JUDGE TINLEY: Okay. 9 MS. HARGIS: So, that's what that one is for. 10 JUDGE TINLEY: But these are separate funds for 11 specific purposes? 12 MS. HARGIS: That's correct. And they're being -- 13 JUDGE TINLEY: We have adequate reserves in each of 14 those funds that you're attempting to draw from -- 15 MS. HARGIS: Yes. 16 JUDGE TINLEY: -- for this specific purpose? 17 MS. HARGIS: Yes. 18 JUDGE TINLEY: Okay. 19 COMMISSIONER LETZ: Maybe I missed the bill. 20 What's the -- under Number 11, what is the bill for 37,000 21 for professional services? It's -- the current expense is 22 37,065. 23 MS. HARGIS: Those are for attorney's fees, I 24 believe. That's a combination total; it's not one bill. 25 COMMISSIONER LETZ: It's coming out of line item -- 8-10-09 86 1 out of Commissioners Court. 2 MS. HARGIS: That's where we have your professional 3 services, is out of Commissioners Court. 4 COMMISSIONER LETZ: So it wouldn't be attorney's 5 fees. 6 COMMISSIONER OEHLER: I thought it was under 7 nondepartmental. 8 COMMISSIONER LETZ: We moved the money from 9 nondepartmental to Commissioners Court. 10 JUDGE TINLEY: Actually, what that is attempting to 11 do is to move 5,000 back into Commissioners Court 12 professional services that was taken out and moved over to 13 nondepartmental previously, and to restore the Commissioners 14 Court professional services. That's the whole purpose of 15 that. I discussed that with Ms. Mabry, and the actual amount 16 that is due is a little over $2,000. 17 MS. HARGIS: 2,065. 18 JUDGE TINLEY: But we weren't able to fund that, 19 because 5,000 had previously been taken from that fund and 20 put over into nondepartmental, so we're putting it back. 21 COMMISSIONER LETZ: I guess I'm looking at these 22 headings. First heading, Current Budget, was 35,000. 23 JUDGE TINLEY: Yeah. 24 COMMISSIONER LETZ: Current Expense, 37,000. 25 MS. HARGIS: That's the total expense for the year. 8-10-09 87 1 JUDGE TINLEY: Mm-hmm. 2 MS. HARGIS: So, therefore, if we budgeted 35 and 3 expenses are 37, we're over by 2,000. 4 COMMISSIONER LETZ: Okay. 5 MS. HARGIS: So we moved over five. 6 COMMISSIONER LETZ: All right. 7 JUDGE TINLEY: We're putting the 5,000 back that 8 was originally taken earlier. 9 COMMISSIONER LETZ: Do we have a motion yet? 10 JUDGE TINLEY: No, we do not. 11 COMMISSIONER LETZ: Move we approve the budget 12 amendments as amended today. 13 COMMISSIONER BALDWIN: Second, but I have a 14 question. 15 COMMISSIONER OEHLER: Yeah, I have one too. 16 JUDGE TINLEY: Motion made and seconded for 17 approval of the budget amendments as shown by the summary, 18 being Numbers 1 through 13. Question or discussion? 19 COMMISSIONER BALDWIN: Do you want to go? 20 COMMISSIONER OEHLER: Go ahead. 21 COMMISSIONER BALDWIN: Unexpended budget balance -- 22 (Microphone static noise.) Is that Frances? 23 SHERIFF HIERHOLZER: Yeah, probably. Didn't want 24 you asking that question. 25 COMMISSIONER BALDWIN: Let me reword this. The 8-10-09 88 1 next to the last column, is that -- is that before the funds 2 come out or after? 3 MS. HARGIS: Before. 4 COMMISSIONER BALDWIN: So, what I'm seeing here is 5 that there -- there's a balance of $7,900, and we're taking 6 $10,000 out of it. 7 COMMISSIONER LETZ: Which one are you on? 8 COMMISSIONER BALDWIN: Number 12. 9 MS. HARGIS: He's on 12. 10 COMMISSIONER BALDWIN: I'm sure you're doing it 11 right. I just -- I didn't understand it. 12 COMMISSIONER OEHLER: Sometimes the parentheses go 13 different ways on different budget amendments, I think. 14 MS. HARGIS: When you remove it from the fund 15 balance, it's a little bit more complicated than you would -- 16 but what we have is 7,200 that's in the budgeted line item. 17 We wanted to move the 10,752 by adding what's remaining in 18 that item plus the 7,900, and if we take the 15 out, if 19 you're with me, let's go across -- 20 COMMISSIONER BALDWIN: Well, I am not. 21 MS. HARGIS: Okay. All right. Let's start -- 22 COMMISSIONER BALDWIN: I'm sorry. 23 JUDGE TINLEY: Buster -- 24 COMMISSIONER BALDWIN: You lost me in Eagle Pass. 25 JUDGE TINLEY: Buster didn't do good at the last 8-10-09 89 1 carnival when they did the shell game. 2 COMMISSIONER WILLIAMS: Shell game. 3 COMMISSIONER BALDWIN: I'm still hung up on Rusty's 4 math, which doesn't work either. 5 MS. HARGIS: If you take the 7,200, that was what 6 was originally budgeted. 7 COMMISSIONER BALDWIN: Okay. 8 MS. HARGIS: We need 15,000 -- I mean, 10,752.50. 9 That was -- and then, so if we -- if we pay that out, we 10 would have an $8,560.50 shortfall. 11 COMMISSIONER BALDWIN: Correct. 12 MS. HARGIS: So, if we add -- add that 15 -- add it 13 in, then we will end up with 10,752.50, which is what we 14 need. It's kind of complicated, I'm sorry. That one is, 15 because the amount is incorrect; it's hard for me to carry 16 across, because she's got 15,000, which is incorrect. 17 COMMISSIONER BALDWIN: Okay, thank you so much. 18 MS. HARGIS: I'm sure -- 19 JUDGE TINLEY: You're completely clear on that now, 20 right? 21 COMMISSIONER BALDWIN: Sure. Clear as mud. 22 COMMISSIONER WILLIAMS: Which walnut is the pea 23 under right now? 24 COMMISSIONER BALDWIN: I still think it's under 25 Rusty's. Rusty's the keeper of the walnut. 8-10-09 90 1 MS. HARGIS: The budget amendments are a little bit 2 different than just making a journal entry, because you're 3 really just replacing one and moving another from one spot to 4 another, which is a little bit different than a journal 5 entry. 6 COMMISSIONER BALDWIN: Listen, I'm thrilled to 7 death. 8 JUDGE TINLEY: Any other question or discussion? 9 COMMISSIONER OEHLER: Well, I have one comment, and 10 that's -- you would not expect me to go without having a 11 comment. Prisoner transfer, jail, it seems that there's a 12 little -- there's a little excess in there. But over here on 13 the jailers' salaries, I just want to make a note that 14 there's an excess in jailers' salaries. That's what it looks 15 like, unless she has the parentheses going different than she 16 did the meeting I asked the question about it and I was told 17 that it worked the other way. 18 MS. HARGIS: There's a little bit in the jailers' 19 salaries, not a lot. Because we -- we've got -- 20 COMMISSIONER OEHLER: Should be able to finish out 21 the year. 22 SHERIFF HIERHOLZER: Yes. Overtime is what's going 23 to -- what we're really trying to shuffle around to finish 24 out the year with. 25 COMMISSIONER OEHLER: Okay. 8-10-09 91 1 SHERIFF HIERHOLZER: It's having to come out of 2 that jailers' salary and prisoner transfer hearing. 3 MS. HARGIS: It's not a lot. It's just -- we're 4 taking little pieces now from wherever we can do, so what we 5 do with the salaries is we project the highest amount that 6 he's used for the next, you know, two months, and then 7 hopefully -- you know, but I think we have maybe 10,000 extra 8 in that line item, not a lot. 9 SHERIFF HIERHOLZER: Yeah. And prisoner transfer, 10 we've just been fortunate in not having to contract out to 11 haul prisoners from different states here this year. Most 12 years we have to contract out from what we have this year. 13 MS. HARGIS: Yeah. We just we don't have a lot in 14 his line items like we've had in the past. We don't have 15 that big 300,000 sitting there like we did last year. I wish 16 we did. 17 JUDGE TINLEY: Any other questions or discussion? 18 All in favor of the motion, signify by raising your right 19 hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Motion carried. Do we have any late 24 bills? 25 MS. HARGIS: No, sir, we do not. 8-10-09 92 1 JUDGE TINLEY: I've been presented with monthly 2 reports for Constable, Precinct 1; Constable, Precinct 4; 3 Kerr County Environmental Health; County Clerk; and Kerr 4 County Payroll Expense for July 2009; and Justice of the 5 Peace, Precinct 3. Do I hear a motion to approve these 6 reports as presented? 7 COMMISSIONER WILLIAMS: So moved. 8 COMMISSIONER OEHLER: Second. 9 JUDGE TINLEY: Motion made and seconded to approve 10 the indicated reports as presented. Question or discussion 11 on the motion? All in favor of the motion, signify by 12 raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: That motion does carry. How about 17 reports from Commissioners in connection with their liaison 18 assignments? Commissioner Baldwin? 19 COMMISSIONER BALDWIN: No, sir. Thank you. Thank 20 you for asking, though. 21 JUDGE TINLEY: Commissioner Williams? 22 COMMISSIONER WILLIAMS: A couple. Just F.Y.I. for 23 the Court, the June unemployment rate for Kerr County is up. 24 It's now pegged at 5.7 percent. It was at 5 for the month of 25 May, so it's going to continue to rise a little bit. We're 8-10-09 93 1 still below the 12-county average of AACOG region, which is 2 6.9, and certainly below the state, and certainly below the 3 nation, but it's inching up. It's 5.7. Another thing is, 4 with the help of Mr. Tim out there and concrete from the 5 Ingram Ready Mix and Mr. Maldonado -- no, not Maldonado -- 6 yeah, it is Maldonado. 7 MR. BOLLIER: Drymala. 8 COMMISSIONER WILLIAMS: Drymala. We got four new 9 picnic tables with benches strategically placed in the lower 10 section of Flat Rock Lake Park on pads which Tim and his 11 people prepared. And the signage that we need out there 12 directing our animal friends will be placed up -- be firmed 13 up this week and hopefully placed out there, moving one sign, 14 putting in a new sign and so forth. That's it. 15 JUDGE TINLEY: Anything else? 16 COMMISSIONER WILLIAMS: No. 17 JUDGE TINLEY: Commissioner Letz? 18 COMMISSIONER LETZ: I just checked the weather, and 19 just so everyone knows, the forecast for the next five days 20 is hot. (Laughter.) 21 SHERIFF HIERHOLZER: Thanks. 22 COMMISSIONER LETZ: But the -- 23 COMMISSIONER WILLIAMS: I think I'll go back to 24 California. 25 COMMISSIONER LETZ: -- ETJ, just a little bit of an 8-10-09 94 1 update on that, or lack of an update. I have not heard from 2 any member of City Council or City staff since our joint 3 meeting, so I'm not really sure what they're doing. I did 4 visit with -- though I presume that they're rewriting what 5 they think are -- how do you phrase it? The new rules. 6 The -- 7 COMMISSIONER WILLIAMS: Blended. 8 COMMISSIONER LETZ: -- blended rules. I'm also 9 working on a set of blended rules, because it appears to me 10 that the county rules are far more appropriate for the -- for 11 the -- in the area of the ETJ, because there's lots of 12 things, water availability and septic and things of that 13 nature, that they don't have in their rules. So, anyway, 14 we'll see how that goes. I did talk to the mayor. I gave 15 him a call; we had a long -- good talk about it. And I had 16 two basic ideas as to how I thought this whole process should 17 proceed. I said it didn't appear to be working real well the 18 way it had been. I think that the -- Option A would be for 19 the full Commissioners Court and full City Council just to 20 start meeting weekly, and go through the rules page by page 21 until everyone signs off on them and be done with it. Every 22 time we seem to go to a meeting, some new -- something new is 23 brought up, and we're not accomplishing anything, and -- 24 other than the fact that I've wasted a huge amount of time, 25 as have members of City Council and City staff. 8-10-09 95 1 So, we either need to go through it page by page 2 and line by line, and, you know, go through our rules and 3 come up with a blended set, or to me, a much better option 4 would be for the Commissioners Court to appoint one person, 5 Council to appoint one person, whoever, to -- you know, from 6 the Court, I would be glad to, or would like to continue 7 working on it. Council, I think the City Manager or Kevin 8 Coleman makes the most sense, in my mind, but if it's a City 9 Council -- it could be a City Council. Anyway, we each 10 appoint one person, and there's an up or down vote, no more 11 discussion on them. We present the rules that we -- that we 12 can each agree on, and just present it before the two bodies. 13 They can either vote for it or against it, but no changes. 14 I don't see that we're going to get past going 15 through this, and I think where we're going right now, I 16 really think it's going to take close to the end of the year 17 to come up with a blended set of rules. I don't think the 18 members of Council understand how different our rules are, 19 and you can't just say that they're close. I mean, they've 20 got to be exact. And I'm not willing to vote for something 21 that has a lot of variances built into the system. The rules 22 need to be the rules, and the rules then can't be changed by 23 either entity without the other. So, a variance can't be 24 given by the City, and we can't -- likewise, we couldn't. 25 The other big issue that, while it was not 8-10-09 96 1 addressed at that meeting, was who's going to administer 2 these rules in the ETJ? And I really -- and the City's been 3 very adamant up to now that they would be the person to 4 administer -- or the entity to be the administrator of the 5 rules, and that's been part of the problem. So, I think 6 there's a -- I was sorry to see the joint meeting end up 7 where it did. I think that the deal -- or the arrangement 8 that was presented at the meeting had the approval of myself 9 and City staff, and it seemed to go downhill from there. 10 COMMISSIONER WILLIAMS: Yeah. What was 11 disappointing in that meeting -- I don't disagree with 12 anything you said. What was disappointing was seemingly the 13 inability of our -- of the City folk to interpret the map 14 that you worked so hard to put together. And I don't know 15 why, except that maybe if there's a new iteration of that 16 map, there needs to be some kind of a legend so it will help 17 them understand what's what and where it is, and et cetera, 18 et cetera, et cetera. And I don't know how, after thinking 19 about it -- you and I have spoken one time about it since 20 that meeting. I don't know how you can administer a set of 21 blended rules unless you have some kind of a map as a 22 guideline as to where it's going to take place. 23 COMMISSIONER OEHLER: Well, after you -- you had to 24 leave a little bit early, and after -- I kind of got maybe 25 oversimplistic with the -- with the problem. And it really 8-10-09 97 1 boils down to -- to acreage and size of tracts. It's really 2 all it's tied to. If -- you know, and I think I expressed 3 the opinion to them that if you're not planning to annex this 4 property, if it's not going to be high density and you're not 5 planning on providing services, then why do you really want 6 to have anything to do with the platting process? And that's 7 really it. I mean, if it's going to require septics, it's 8 going to tie to our rules. If it's going to require wells, 9 it's going to tie to our rules, if they don't have public 10 water. And so, really, I think it's just -- it's just lot 11 size and density, is all that needs to be tied to. 12 COMMISSIONER LETZ: And we were there -- I mean, 13 the map -- you know, it was their map. They were the ones 14 that generated the map. We just modified it and said, "Here, 15 we want to add some areas and delete some areas." But, 16 anyway, that meeting -- what happened, happened at the 17 meeting. I think with a blended set of rules, you're still 18 going to need a map to divide up the areas a little bit of 19 responsibility. 20 COMMISSIONER WILLIAMS: That's my point. 21 COMMISSIONER LETZ: Yeah. And, you know -- so, you 22 know, I think we can still get there. I think -- I really 23 think we're there. It's just a matter of, you know, maybe -- 24 COMMISSIONER WILLIAMS: Making everybody 25 understand. 8-10-09 98 1 COMMISSIONER LETZ: -- explaining one more time. 2 The rules that were presented were blended. The County -- 3 and what was presented at that meeting, it was a provision 4 that the County was going to basically add four things to our 5 subdivision rules that accommodated all of the concerns that 6 the City had for density development. So, anyway -- 7 COMMISSIONER WILLIAMS: I think Bruce's point's 8 well-taken. 9 COMMISSIONER OEHLER: You can't have density if you 10 don't have wastewater. 11 COMMISSIONER LETZ: Yeah. And that's -- that's 12 what it did. It -- that map pretty much did it, and it gave 13 the flexibility that if the density development came in, it 14 went to the City. But we'll get there at some point. I'm 15 sure I'll -- we'll be getting a -- I wish the City staff 16 would, you know, contact -- seems to me, I hate to have them 17 spend a whole lot of time writing a set of rules when I 18 really think the -- our rules really have to be in place in 19 areas, because we're under a -- because of the -- any lot 20 size less than 5 acres -- or 5 acres or less has to follow 21 Water Development Board rules. I mean, there's no 22 flexibility, and they don't have -- you know, that's talking 23 about 20, 30 pages of text that they don't have in their 24 rules, and it has to. So, anyway -- 25 COMMISSIONER WILLIAMS: And your illustration about 8-10-09 99 1 county roads is a valid -- very valid illustration. 2 COMMISSIONER LETZ: So, anyway -- 3 COMMISSIONER OEHLER: There, again, if you don't 4 have density, they need to follow the county rules. If 5 you're going to have a high-density subdivision with small 6 lots and have wastewater, you need curb and gutter. 7 COMMISSIONER LETZ: So, anyway, I think we'll get 8 there, but I -- I'm afraid it got a little bit of a glitch, 9 and hopefully -- I asked the mayor to visit with Council 10 about it tomorrow night. We'll see what happens. 11 COMMISSIONER WILLIAMS: Are you going to attend 12 that meeting? 13 COMMISSIONER LETZ: No. (Laughter.) 14 JUDGE TINLEY: Anything else, Commissioner? 15 COMMISSIONER LETZ: That's it. 16 COMMISSIONER WILLIAMS: Pretty straightforward 17 answer. 18 JUDGE TINLEY: Commissioner Oehler? 19 COMMISSIONER OEHLER: Mountain Home has poured the 20 slab for their new firehouse as of last week. 21 COMMISSIONER BALDWIN: Mountain Home? 22 COMMISSIONER OEHLER: Yeah. 23 COMMISSIONER WILLIAMS: Say that again? 24 COMMISSIONER OEHLER: Mountain Home has finished 25 pouring the slab for the new fire station. 8-10-09 100 1 COMMISSIONER WILLIAMS: Oh. 2 COMMISSIONER OEHLER: Hopefully it will be up 3 before the May -- excuse me, October 10th fundraiser, which 4 will be another fish fry this year. 5 COMMISSIONER WILLIAMS: Who's doing the fish fry, I 6 wonder? 7 COMMISSIONER OEHLER: I can't imagine, Bill. I 8 think it's going to be the same group that has done it the 9 last four years. Anyway, that's it. 10 JUDGE TINLEY: Okay. Do we have any reports from 11 elected officials? County Attorney. 12 MR. EMERSON: Brief. Very briefly. Ilse is going 13 out with knee surgery. She'll be out for a couple of weeks, 14 so bear with us if we're a little slower than normal getting 15 you answers. And we have two A.G. opinion requests pending. 16 I know y'all are aware of the first one. We got an answer 17 back as to the video room at the Sheriff's Department, and 18 that came back favorable to the Sheriff's Department. And 19 the second one is pending on the mental health transports, 20 and it looks like all the amicus briefs are due today. So, 21 they're going to have to make a decision pretty quick, and at 22 least so far, based on everything we've seen, everybody's 23 encouraging them to expedite the decision, don't sit on it 24 for six months like they have a statutory right to do. And 25 we'll see what shakes loose. 8-10-09 101 1 SHERIFF HIERHOLZER: That decision will affect 2 probably every Sheriff's Department and -- 3 COMMISSIONER BALDWIN: Oh, yeah. 4 SHERIFF HIERHOLZER: -- M.H.M.R. across the state. 5 COMMISSIONER BALDWIN: Every county budget. 6 SHERIFF HIERHOLZER: It's going to be major. 7 MR. EMERSON: Interestingly enough, the general 8 counsel for M.H.M.R. facility has called and asked us to 9 withdraw our request. (Laughter.) 10 JUDGE TINLEY: That's interesting. 11 MR. EMERSON: It is interesting. I very politely 12 told them, thank you, but no thank you. 13 SHERIFF HIERHOLZER: Might have to change their 14 policy. 15 JUDGE TINLEY: Yeah. It's a funding issue for 16 them, obviously. Any other elected officials have any 17 reports? Department heads? Naysayers? 18 COMMISSIONER BALDWIN: That's me. That's me. 19 JUDGE TINLEY: Okay. 20 COMMISSIONER BALDWIN: Who -- who is going to bring 21 about -- I think either you or Rusty or somebody, bring about 22 the status of the new building? 23 JUDGE TINLEY: I am expecting to hear something 24 hopefully from Mr. Lewis this week, hopefully, on his layout. 25 Also, the floodplain issue -- the drainage issue is being 8-10-09 102 1 looked at by the floodplain engineer, because that's 2 necessarily going to have to be incorporated. But it's 3 moving forward. 4 COMMISSIONER BALDWIN: And then we would -- are we 5 going to have to visit with Bob Henderson about all this? 6 JUDGE TINLEY: I've talked last week with the 7 Auditor, that we need to get him in the loop also, and she 8 indicated she was going to be calling him, and to get him 9 involved. How -- how quickly do you want -- do you want him 10 involved? Like, R.A.T. now? 11 COMMISSIONER BALDWIN: Well, I'm thinking -- you 12 know, I can't remember exactly what agreement we had with the 13 present building. 14 JUDGE TINLEY: Yeah. 15 COMMISSIONER BALDWIN: You know, I mean, seemed 16 like to me there was a -- that time was a huge part of this 17 deal. 18 JUDGE TINLEY: We have a six -- we have a bailout 19 after the first six months in the one year-term of the new 20 lease, which begins October 1. So -- 21 COMMISSIONER BALDWIN: So, we have about a year? 22 JUDGE TINLEY: No, we've actually got eight months. 23 COMMISSIONER BALDWIN: Okay. Well, maybe that's 24 plenty of time; I don't know. I can't see -- 25 JUDGE TINLEY: No, it's under consideration, 8-10-09 103 1 because I talked with the Auditor about it last week, and 2 it's in the mix of the issue. 3 COMMISSIONER BALDWIN: If we're going to use 4 Henderson, seems like to me that we'd get him -- get him 5 involved as early as we can. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER WILLIAMS: We got him involved, 8 however, for all of the capital items that we may be 9 contemplating. 10 JUDGE TINLEY: Oh, yeah. Yeah. 11 MS. HARGIS: Yeah. He likes to have as much of the 12 data that -- before he comes so he can absorb it and be able 13 to plug in the numbers to bring. So, I'm waiting for this 14 last number. I've got everything else plugged in I can think 15 of. 16 COMMISSIONER BALDWIN: I see. Okay. 17 MS. HARGIS: So, if there is any other capital 18 items that each of you would like to have considered in 19 that -- the airport, I don't know if I have all of the 20 airport in there. 21 COMMISSIONER WILLIAMS: There's a very important 22 Airport Board meeting this afternoon which Commissioner Letz 23 and I will be at, and we'll -- the terms and that will be 24 talked about, their capital items. 25 MS. HARGIS: Yeah, 'cause they have not given those 8-10-09 104 1 to me. I asked for those from Josh, but he hemhawed around a 2 little bit and didn't give them to me. 3 COMMISSIONER WILLIAMS: Maybe we can spur them on 4 this afternoon. 5 COMMISSIONER LETZ: I think also they're looking -- 6 based on our joint meeting, they're relooking at that list 7 and prioritizing the dates on them. 8 JUDGE TINLEY: And exactly how the -- the ongoing 9 funding is going to be handled, too. 10 COMMISSIONER LETZ: Right. 11 JUDGE TINLEY: Much different manner than we may 12 have handled it in the past. 13 MS. HARGIS: But, again, if there is anything 14 else -- I do have a temporary list I can pass out to each of 15 you, and you can look at those and see if there's anything 16 else. I've just been adding as people have requested. 17 COMMISSIONER LETZ: Can you e-mail that list? 18 MS. HARGIS: Yes. 19 COMMISSIONER BALDWIN: I think that would be 20 interesting information to have. It may trigger something 21 that -- 22 COMMISSIONER LETZ: Yeah, some other -- 23 COMMISSIONER WILLIAMS: Don't we meet for budget 24 tomorrow afternoon? 25 JUDGE TINLEY: Yeah, workshop. 8-10-09 105 1 MS. HARGIS: I'll e-mail that out as soon as we get 2 back to the office, to each of you. 3 COMMISSIONER LETZ: Okay. 4 MS. HARGIS: If you want a hard copy, just come by 5 and I'll give it to you. 6 COMMISSIONER LETZ: No, e-mail. 7 JUDGE TINLEY: Any more naysayers? That's 8 wonderful. Anything else? We will be adjourned. 9 (Commissioners Court adjourned at 11:22 a.m.) 10 - - - - - - - - - - 11 12 13 STATE OF TEXAS | 14 COUNTY OF KERR | 15 The above and foregoing is a true and complete 16 transcription of my stenotype notes taken in my capacity as 17 County Clerk of the Commissioners Court of Kerr County, 18 Texas, at the time and place heretofore set forth. 19 DATED at Kerrville, Texas, this 13th day of August, 20 2009. 21 22 JANNETT PIEPER, Kerr County Clerk 23 BY: _________________________________ Kathy Banik, Deputy County Clerk 24 Certified Shorthand Reporter 25 8-10-09