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8	COMMISSIONERS COURT
9	Regular Session
10	August 29, 1998
11	9:D0 a.m.
12	Commissioners Courtroom
13	Kerr County Courthouse
19	Kerrville, Texas
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23	PRESENT: ROBERT A. DENSON, County Judge
	H. A. "BUSTER" BALDWIN, Commissioner Pct. 1
29	T. H. "BUTCH" LACKEY, Commissioner Pct. 2
	JONATHAN LETZ, Commissioner Pct. 3
25	BRUCE OEHLER, Commissioner Pct. 4
	FJed~Dayof tx AD.7901BTIME~1~15a+~.
	&LLIE G. MEEKER
	Cler~t,CauMy Court. Kerr Coumy, Terms
	
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I N D E X
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1.1	Pay Bills	q
1.2	Budget Amendments	7
1.9	Late Bills	--
2.1	Facility Manager - Hill Country Youth	
	Exhibition Center	17
2.2	Letters of Credit in Substitution of Bond	
	Cypress Springs Subdivision	30
2.3	Burn Ban	32
2.9	Appointing Successor for J. P. 1	32
2.5	Public Hearing - Road District for Spring	
	Creek Ranch Subdivision	45
4.1	Action taken on Executive Session matters	50
1.3	Approve Monthly Reports	53
	Reporter's Certificate	55

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1 On Monday, August 29, 1998, at 9:00 a.m., a regular
2 session of Commissioners Court was held in the Commissioners
3 Courtroom, Kerr County Courthouse, Kerrville, Texas, and the
4 following proceedings were had in open court:
5 P R O C E E D I N G S
6 JUDGE DENSON: Good morning. It's Monday, August
7 29th, at just a few minutes after 9:00. This is our second
8 meeting of the month, which is a special Commissioners Court
9 meeting, and we'll, as usual, have an invocation and pledge
10 of allegiance. And I'll ask Commissioner Oehler to lead us
11 in prayer this morning.
12 (Invocation and pledge of allegiance.)
13 JUDGE DENSON: I'd also like to announce that this
14 is a special day for Kerr County, and particularly Precinct 2
15 in Kerr County. It's Commissioner Lackey's birthday.
16 COMMISSIONER LACKEY: Tomorrow.
17 JUDGE DENSON: Tomorrow?
18 COMMISSIONER LACKEY: Tomorrow.
19 JUDGE DENSON: We're going to have some type of
20 little event here at morning break.
21 COMMISSIONER LACKEY: Pies and cokes and coffee.
22 JUDGE DENSON: And at that time I'm going to ask
23 that Commissioner Baldwin lead us in the happy birthday song.
29 COMMISSIONER BALDWIN: With my trumpet? I've got
25 my trumpet out there.
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JUDGE DENSON: Okay.
COMMISSIONER LACKEY: That will be exciting.
(Off-the-record discussion.)
JUDGE DENSON: We need to pay some bills.
COMMISSIONER BALDWIN: We have them.
JUDGE DENSON: Do we have .questions?
COMMISSIONER BALDWIN: Do we? We do not have
questions. I had many, but the Treasurer's office and
Auditor's office axe so kind that they met every question
that I had this morning.
JUDGE DENSON: Good.
COMMISSIONER BALDWIN: With smiles, sort of.
COMMISSIONER LETZ: I have one.
JUDGE DENSON: Yes, sir?
COMMISSIONER LETZ: On the first page of
Nondepartmental. The question is regarding the -- there are
three transport of bodies to Austin for autopsy, and we have
three pretty widely varying amounts, based on the carrier.
My question is, are we in the process of trying to go out for
bids to standardize that? Are we going to do that in the
next budget -- Commissioner Baldwin, you've already asked
about that?
COMMISSIONER BALDWIN: May I answer -- try to
answer that? I had a -- I had a question here for Mr.
Overby. He transported a body to Austin and returned to
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1 Kerrville for $100, so I phoned him and sent a copy of his
2 bill back to him for him to look at, and that was a mistake.
3 They returned to Kerrville -- what he does, he charges us $1
9 per mile. And it's really a hundred and eight miles, I
5 think, so he just cuts it off at 100 and charges $100 over
6 there and $100 back. Now, why these other companies --
7 here's one for $208 and one for $258, same trip. Now, I
8 asked him how -- how do we choose the service to do that, and
9 he said that they're on a rotating basis with the J. P.'s.
10 So I think, forget the rotating basis; let's go with the
11 cheapest trip.
12 COMMISSIONER LETZ: I think we should bid -- I
13 thought we talked about it --
19 JUDGE DENSON: I think we did.
15 COMMISSIONER LETZ: -- with Ragsdale. I don't
16 know, maybe, how it was going to be done, but somehow we need
17 to standardize that. I mean, there's no reason to pay one
18 $258 and the other one $208 and the other one $200. That was
19 my comment. And I don't know -- now, I guess, Tommy, I'm
20 going to ask you to go out -- you know, prepare a bid
21 package, I guess. Or ask -- I mean, I don't think it's that
22 difficult. We just have to probably notify -- or put notice
23 out and go out for bid for transporting for a year. Because
24 I --
25 COMMISSIONER LACKEY: Just four?
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MR. TOMLINSON: I don't want some guy with a pickup
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COMMISSIONER LETZ: Just four of them. I can't
imagine anyone from out of town's going to bid, but you have
to open it up to anybody, of course. It's a bunch of money
we're spending on it.
COMMISSIONER OEHLER: Either that, or we just say,
"This is how much we're going to pay." If you want to do it
for that, fine; if you don't, we'll go on the to the next
one.
COMMISSIONER LETZ: Are we -- we don't spend more
than $15,000 on transporting bodies to Austin, I hope?
MR. TOMLINSON: No. No, I don't think so.
COMMISSIONER LETZ: So we don't have to go out for
bid. We can probably just go to the four local funeral homes
and say, "Give us your best price," and choose the low bidder
for the next year. So, we don't have to go with notice and
all that; we just notify the four locals.
COMMISSIONER LACKEY: There would be five of them.
You got this Hill Country Mortuary.
COMMISSIONER LETZ: Right. So --
COMMISSIONER LACKEY: So it would be five.
COMMISSIONER LETZ: Five. Can you do that for us?
MR. TOMLINSON: That has a specific -- do we know
what kind of vehicle they -- they have available?
COMMISSIONER LETZ: Well, they have to --
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1 truck, you know.
2 COMMISSIONER BALDWIN: Wagon and mules.
3 COMMISSIONER LETZ: I think you have to have a
9 license, I presume, to transport a body. I imagine you do.
5 JUDGE DENSON: I presume so.
6 COMMISSIONER BALDWIN: I'm not going to do it, I
7 can tell you that.
8 COMMISSIONER LETZ: That was my only question.
9 JUDGE DENSON: Do we have a motion?
10 COMMISSIONER BALDWIN: I move we pay the bills.
11 COMMISSIONER LETZ: Second.
12 JUDGE DENSON: Further questions? Comments? All
13 in favor?
14 (The motion was carried by unanimous vote.)
15 JUDGE DENSON: All right, budget amendments. I
16 know we don't have any of those.
17 MR. TOMLINSON: We have 15 today.
18 JUDGE DENSON: Oh, okay. Oversight on my part.
19 MR. TOMLINSON: The first one is -- is for Johnson,
20 Christopher, Javore, and Cochran, attorney's fees for $948.75
21 for professional services for Commissioners' Court. We -- I
22 think we made a decision prior to hiring these people to take
23 those out of surplus. That's what I have recommended on
24 here.
25 COMMISSIONER LETZ: So moved.
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COMMISSIONER LACKEY: Second.
JUDGE DENSON: Got a motion and second. Further
3 questions? Comments? All in favor?
9 (The motion was passed by unanimous vote.)
5 JUDGE DENSON: Number 2.
6 MR. TOMLINSON: Number 2 is for the County Clerk.
7 She's transferring one thousand -- I mean 52,000 from
8 photocopy supplies and $1,322 from binder covers. $1,000 of
9 that goes to office supplies, $1,000 to microfilm supplies,
10 and $1,322 to part-time salary. That's her request.
11 COMMISSIONER LACKEY: So move.
12 COMMISSIONER OEHLER: Second. I don't mind the
13 budget amendment when it comes out of their own budget and I
19 not out of surplus. ~
15 JUDGE DENSON: Further questions? Comments? All
16 in favor?
17 (The motion was carried by unanimous vote.)
18 JUDGE DENSON: Number 3.
19 MR. TOMLINSON: Number 3 is fox J. P. 2, request
20 the J. P. to transfer $130 from software maintenance to
21 machine repairs.
22 COMMISSIONER LETZ: So move.
23 JUDGE DENSON: I've got a motion.
29 COMMISSIONER LACKEY: Second.
25 JUDGE DENSON: Got a second. Questions? Comments?
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1 All in favor?



2 (The motion was carried by unanimous vote.)
3 JUDGE DENSON: Number 4?
9 MR. TOMLINSON: Okay. Number 4 is from the County
5 Attorney, transfer $155.52 from attorney fees to capital
6 outlay for four stacking chairs for his office, $38.88 a ',
7 piece. it
8 JUDGE DENSON: Motion? I'll make it.
9 COMMISSIONER LACKEY: I'll second it.
10 JUDGE DENSON: Okay. All in favor?
11 (The motion was carried by unanimous vote.)
12 JUDGE DENSON: Okay, Number 5?
13 MR. TOMLINSON: Okay. Number 5 is for the County
14 Jail, and involved in that also is for the Sheriff's
15 Department and courthouse and related buildings. I have,
16 along with that, some late bills that I need hand checks for.
17 One is for $19,999.69 to Cisco Foods. The other is for
18 $5,939.87 to Krauss Garage. The amendment calls for $20,000
19 added to prisoner meals, $90.17 to prisoner medical, $59.69
20 sent to office supplies, $4,700 to vehicle maintenance.
21 We've taken $5,232 from the insurance line item far the jail,
22 $5,000 from vehicle gas and oil, $10,000 from deputy
23 salaries, $3,000 from retirement, and $1,617.86 from major
24 repairs and courthouse maintenance.
25 COMMISSIONER LETZ: Tommy, did -- on the prisoner
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1 meals, I presume that we estimate --
2 MR. TOMLINSON: Were trying to anticipate --
3 COMMISSIONER LETZ: -- estimate that and go i
9 forward, but I'm just -- my question is that the -- when I
5 get the reports in from the Sheriff, we're not running
6 anywhere near capacity for our staffing levels. We're
7 running about, on a monthly basis, 20 to 30 prisoners below
8 what we could be running. And how do we miss some -- since
9 we, you know, should have less prisoners, why are we so far
10 off on prisoner meals? I mean, have food costs gone up or is
11 it -- or we thought we were going to have even less
12 prisoners? I mean, that seems odd. Or do you know?
13 MR. TOMLINSON: Apparently we budgeted fox -- for
14 our prisoners only, is the way I -- I think we did.
15 JUDGE DENSON: That would be my guess, too, is that
16 we budgeted based on past experience of our prisoners, which,
17 as you say, are fax below max capacity. But we did -- while
18 we had a lot fewer out-of-county prisoners and didn't
19 generate anywhere near the funds that the Sheriff told us we
20 would make during the year -- and Tommy, I think, even
21 estimated that for the purposes of this budget -- we still
Z2 had a number of out-of-county people in there during the
23 course of the year, and I think that's where some, if not
29 all, of this increase comes from.
25 COMMISSIONER LETZ: All right. Motion to Budget
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11 Amendment Number 5.
2 JUDGE DENSON: Your motion?
3 COMMISSIONER LETZ: Yes.
9 JUDGE DENSON: Okay. Do I have a second?
5 COMMISSIONER BALDWIN: Second.
6 JUDGE DENSON: Second. Further discussion?
7 Comment? All in favor?
8 (The motion was carried by unanimous vote.)
9 JUDGE DENSON: All right. 6?
10 MR. TOMLINSON: Okay, 6 is for nondepartmental and
11 the courthouse and related buildings. We have bills totaling
12 53,696 for autopsies and inquests. We're asking for transfer
13 of that amount from major repairs from the courthouse and
19 related buildings.
15 COMMISSIONER LETZ: So moved.
16 COMMISSIONER OEHLER: Second.
17 JUDGE DENSON: Motion and second. Further
18 questions? Comments? All in favor?
19 (The motion was carried by unanimous vote.)
20 JUDGE DENSON: 7?
21 MR. TOMLINSON: Okay. Number 7 is for the 216th
22 and 198th District Court. I have, along with that, some late
23 bills that I need hand checks for. One is to Caroline
24 Williams, Ph.D., for $1,531.25 for psychological exam.
25 Michael R. Arambula M.D., for $2,000 for psychiatric fee,
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1 Cindy Snider for 52,660 for a transcript on State of Texas
2 vs. Jeffrey Wood. We're -- we're asking for an amendment to
3 increase court transcripts by the S2,660; S90 for books,
9 publications, and dues; 53,531.25 for medical assistance;
5 $200 fox Court-appointed attorneys -- that is fox the 216th
6 court -- and $2,952 for Court-appointed attorneys in the
7 198th court. $5,000 of that is to come from special trials
8 from the 198th court, $1,500 from special District Judge out
9 of the 198th court, $2,500 for special District Judge out of
10 the 216th court, and 5433.25, from property insurance out of
11 nondepaxtmental.
12 COMMISSIONER LETZ: So moved.
13 COMMISSIONER BALDWIN: Second.
14 COMMISSIONER LETZ: You spent a lot of time
15 figuring out where that money was coming from.
16 MR. TOMLINSON: I really did.
17 JUDGE DENSON: Motion and second. Further
18 questions? Comments? All in favor?
19 (The motion was carried by unanimous vote.)
20 JUDGE DENSON: 8?
21 MR. TOMLINSON: Okay. Number 8 is fox J. P. 9.
22 It's a request to transfer $300 from dockets and forms to
23 utilities.
29 COMMISSIONER LACKEY: So move.
25 COMMISSIONER LETZ: Second.
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1 JUDGE DENSON: I've got a motion and a second by
2 Commissioner Letz. All in favor?
3 (The motion was carried by unanimous vote.)
4 JUDGE DENSON: 9?
5 MR. TOMLINSON: 9 is for my office to transfer $65
6 to computer supplies; $22.50 from employee training, $10.65
7 from miscellaneous, and $31.85, from FICA.
g JUDGE DENSON: I need a motion.
9 COMMISSIONER LETZ: So moved.
10 COMMISSIONER OEHLER: Second.
11 JUDGE DENSON: I've got a motion and second.
12 Further questions? Comments? All in favor?
13 (The motion was carried by unanimous vote.)
14 JUDGE DENSON: 10?
15 MR. TOMLINSON: 10 is fox the 216th and the County
16 Court at Law Jury Fund. We need a transfer of 5917.20 from
17 jurors fees out of the County Court at Law jury fund into
18 court interpreters -- into 216th court interpreters line
19 item.
20 COMMISSIONER LETZ: So moved.
21 COMMISSIONER OEHLER: Second.
22 JUDGE DENSON: I've gat a motion and second.
23 Further questions? Comments? All in favor?
2q (The motion was carried by unanimous vote.)
25 JUDGE DENSON: 11?
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MR. TOMLINSON: Okay, Indigent health care. This
is to transfer $1,567.53 from administrative line item into
the third-party administrators line item.
COMMISSIONER LETZ: Is this because we spent a lot
more money?
MR. TOMLINSON: Yes.
COMMISSIONER LETZ: They get a percentage?
MR. TOMLINSON: They get 9 percent of -- of our
total expenditures.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second, with a question.
Tommy, what is the administrative end of it?
MR. TOMLINSON: It's for our portion of the salary
of the person at Sid Peterson Hospital.
COMMISSIONER BALDWIN: How do we do that? I mean,
how do we come up with $1,500 extra out of her salary?
MR. TOMLINSON: Apparently we budgeted more than
what her salary really -- one thing, the salary of the person
that was in -- that was there at the start of the year was
considerably higher than -- than the salary of the person
that's in there now. So that's -- I think that's the reason.
JUDGE DENSON: Okay. All in favor?
(The motion was carried by unanimous vote.)
JUDGE DENSON: 12?
MR. TOMLINSON: Number 12 is for the 216th Adult
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1 Probation Department, transfer 5150 from utilities and
2 maintenance to janitorial.
3 COMMISSIONER LACKEY: So move.
4 JUDGE DENSON: I've got a motion.
5 COMMISSIONER LETZ: Second.
6 JUDGE DENSON: questions? Comments? All in favor?
7 (The motion was carried by unanimous vote.)
8 JUDGE DENSON: 13?
9 MR. TOMLINSON: 13, I have a late bill that I need
10 a hand check for, and it's for Michael Roman, fox
11 psychological testing for juveniles, 52,000. The amendment
12 request is fox an addition of $920 to the telephone line
13 item, 51,997.51 to diagnostic and treatment, and $1,237.50 to
19 attorney ad litem fees. That's to came out of alternate
15 housing, the total being 53,655.01.
16 COMMISSIONER LETZ: So moved.
17 JUDGE DENSON: We hope that works.
18 COMMISSIONER OEHLER: Second.
19 JUDGE DENSON: I've got a motion and second.
20 Further questions? Comments? All in favor?
21 (The motion was carried by unanimous vote.)
22 JUDGE DENSON: Okay, 197
23 MR. TOMLINSON: 14 is fox courthouse and related
24 buildings, transfer of $300 from repairs and maintenance to
25 vehicle maintenance. ,
15




1		COMMISSIONER LACKEY: So move.
2		JUDGE DENSON: Motion.
3		COMMISSIONER LETZ: Second.
4		JUDGE DENSON: And second. Questions? Comments?
5	All in f	avor?
6		(The motion was carried by unanimous vote.)
7		JUDGE DENSON: 15?
8		MR. TOMLINSON: Okay, 15 is for Juvenile Probation,
9	transfer	$325 from alternate housing into attorney ad litem
10	fees.	
11		COMMISSIONER LETZ: So moved.
12		COMMISSIONER LACKEY: Second.
13		JUDGE DENSON: Second by Commissioner Lackey.
19	Further	questions? Comments? All in favor?
15		(The motion was carried by unanimous vote.)
16		JUDGE DENSON: All right. Is that it?
17		MR. TOMLINSON: That's -- I do have a late bill --
18		JUDGE DENSON: All right.
19		MR. TOMLINSON: -- that I need a hand check for.
20	And it's	payable to Heritage National Bank, and it's a
21	payment	on the voting equipment for $9,361.53.
22		COMMISSIONER BALDWIN: For what?
23		MR. TOMLINSON: For the voting equipment that was
24	purchase	d from Hart Graphics some three years ago.
25		COMMISSIONER OEHLER: Vote-counting machine.
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6 moved.
1 MR. TOMLINSON: I think it's a 5-year payout. It's
2 -- the balance is --
3 COMMISSIONER LETZ: It's in the budget?
9 MR. TOMLINSON: Yeah, it's in the budget.
5 COMMISSIONER OEHLER: This is a late bill. So
7 COMMISSIONER LETZ: Second.
8 JUDGE DENSON: Further questions? Comments?
9 Grumblings? All in favor?
10 (The motion was carried by unanimous vote.)
11 JUDGE DENSON: Do we have any reports? I think we
12 have a few.
13 COMMISSIONER BALDWIN: I haven't looked at them,
19 either.
15 COMMISSIONER LACKEY: Let's pass on it for now.
16 JUDGE DENSON: Pass on it for right now? Okay,
17 we'll pass on it. Let's go to the consideration agenda. Top
18 of the list is 2.1, Consider and discuss Facility Coordinator
19 for the Hill Country Youth Exhibition Center. This was put
20 on the agenda by Commissioner Letz, so I'll gust turn it over
21 to him at this time.
22 COMMISSIONER LETZ: Lauxinda sent in a copy of her
23 old contract and proposed new contract for her lob of
29 coordinating out at the Youth Exhibition Center. Looking at
25 the contract, it seems -- I don't know if there's a form --
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it doesn't look all that good to me, which it was the exact
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same form that we used last time. It wasn't -- we pretty
much modified it. But, anyway, so I went ahead and lust took
basically the main information out -- I think it's in the
backup -- as to try to narrow down as to what the
6	responsibilities are and requests and amount to pay --
7	Laurinda, did you get a copy of that? -- and put it on here.
8	The one thing that we discussed -- and Laurinda handed some
9	backup to me which I forgot to attach -- was that -- well,
10	two things, really, that I don't think is in the packet, was
11	that in the new contract she had requested $100 a month
12	increase, which, you know, was not included on this page.
13	And -- and also that additional amount of $1,500 per year for
19	Susie, your secretary, as I recall.
15	MS. BOYD: Yeah, but I don't believe that I had
16	requested a 5100 increase. I don't believe I did that.
17	COMMISSIONER LETZ: I thought it was $575 and $100,
16	then the travel allowance.
19	MS. BOYD: No, I've had that. I've always had
20	that. Yeah, that was my big question on the bottom, because
21	that's that -- Tommy never has changed the heading of it. It
22	says "Travel" at the the very top of the budget. But that is
23	my expense money for the pager, the cellphone expense, the
24	phone expense, all the communication expense comes out of
25	that $1,400.

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1 COMMISSIONER BALDWIN: The way I see it, in the old
Z contract, the salary's 5975 with $100 for all the --
3 MS. BOYD: That's --
9 COMMISSIONER BALDWIN: Let me finish, please. The
5 $100 is for the those telephones and travel and automobile
6 and all that kind of stuff. And I see in your new one, you
7 just roll that into one.
8 COMMISSIONER LETZ: Yeah.
9 COMMISSIONER BALDWIN: Instead of breaking it out.
10 MS. BOYD: No, that -- this is the first time since
11 I started doing this that I've ever been back to do this
12 process again. It's just been rolled over. And last year,
13 y'all did increase me because my duties are a whole lot more
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19 than when I started. They've evolved into a whole different
15 type of booking-type person. That's not exactly what I do is
16 just book, so it's -- it is --
17 COMMISSIONER LETZ: So it's 5675 if it's combined
18 right now?
19 MS. BOYD: If you combine it. But I prefer it not
20 to be thrown in. It doesn't matter; I guess it would be
21 easier.
22 COMMISSIONER LETZ: Anyway, and the -- and the
23 other item I didn't include on here that I forgot to add was
29 that we discussed during the budget process of having someone
25 pick up part of the duties of the secretarial-type function
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and bookkeeping functions, and Laurinda had Susie at $1,500 a~

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2~ year?
3 MS. BOYD: It was like $150 a month. I apologize,
9 I left my -- what I proposed out in my briefcase.
5 COMMISSIONER LETZ: Anyway, it was to help on that.
6 And I didn't include that on here. Pretty much, I see we
7 need to decide what we're going to ask Laurinda to do, and
8 what assistance we need from Susie or elsewhere to help with
9 that contract.
10 MS. BOYD: The other comment I have on this,
11 Jonathan, you put "Provide calendar events 1st and 15th of
12 each month." First of all, that's creating a little extra
13 work for me, because it doesn't change as much as the 1st and
14 15th. If you'd like an update every 1st of the month, you
15 know, I could, you know, do that, but it really doesn't
16 change enough fox every 15 days to be doing an update.
17 COMMISSIONER LETZ: That's fine.
18 COMMISSIONER BALDWIN: I agree with that.
19 MS. BOYD: Actually, quarterly would be sufficient.
20 But if you want it every month, I can do that. But really,
21 about quarterly would be a good update.
22 COMMISSIONER LETZ: To me, monthly is fine. I
23 mean, quarterly, you know, stretches it on it, because you're
29 going to be booking things for future -- you know, in that
25 period. But monthly -- once it's updated, once it's in
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COMMISSIONER BALDWIN: So we're going with the 1st?
Just the 1st?
COMMISSIONER LETZ: And the other thing that I
guess is a question on here, which is a -- is under "Serve asl~
Booking Agent for Hill Country Youth Exhibition Center."
Below that it says, "Provide lessees with contract and
collect associated fees." That's something that Laurinda is
doing now, but if you're going to have secretarial support
somewhere, to me that should be with the secretarial support,
is to get the contract to the people and the --
MS. BOYD: No, that's not what she's -- all she is
going to be -- because there can't be two people doing that.
All she's going to be is just implementing the stuff on the
computer is all that's going to be. I still -- you know, I
will write up what the contract needs to be, but she's going
to write the contract. All she's going do is just be
computer support. I have a very hard time trying -- with my
other duties on my 9-H job and everything else, trying to sit
down in front of the computer -- first of all, I'm not
computer literate, so it's mainly -- all she is is computer
support. And there's, you know, those reports; there's
reports and stuff to be done. I have a program that my
husband wrote that's a real goad program, that will spit out
some reports at the end of the month every year that -- you
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2 balances and stuff. But it's just, right now, trying to sit
3 down and get it implemented every month, keep up with it, is
4 very difficult.


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COMMISSIONER LETZ: Okay. I guess my other
question is, you know, this is something that we're asking
Susie to -- if you ask her to take up -- she's already, I
mean, a County employee. Now, I don't -- I mean, I don't --
I'm against, I guess, paying her any additional money for
doing something that I don't see it takes that much time --
that's a County function already.
MS. BOYD: Okay.
COMMISSIONER LETZ:
her workload.
I don't know. I'm not sure of
MS. BOYD: Of whose workload, mine or Susie's?
COMMISSIONER LETZ: Susie's.
MS. BOYD: This is an after-hours thing that she
would be, you know, doing after hours; not during our
extension. She stays busy during the 8:00 to 5:00 that she's
there working for us in the office. This is something that
she'd do after hours at home.
MS. NEMEC: That's going to go into overtime, then.
MS. BOYD: Well, when we originally had talked
about it with you or Bruce or whoever, I thought it would be
like a contract -- separate contract, like --
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COMMISSIONER LETZ: We've talked -- who have we
talked with? I talked with someone over the weekend about
that. It's questionable -- well, I think it was Tommy --
that it's probably not possible to do a contract with a
County employee to do additional work, whether it's you or
Susie; that, you know, you have retirement things in there.
That's why, you know, maybe we'll have to increase the
salary, but you can't, as I understand it, probably have a
contract with an employee to do part of the work and, you
know, have them on salary for another part of it. Is that
correct?
MS. NEMEC: That's correct. You can't do
contract, because then you're avoiding paying into the
retirement system, so it has to be part of the salary.
COMMISSIONER LETZ: I guess Laurinda, as well?
MS. BOYD: I'm on contract.
MS. NEMEC: She's contract, but on her contract
money, we're paying retirement to that.
COMMISSIONER LETZ: Okay.
MS. NEMEC: So it's really -- I mean, it's
contracted for renewal purposes only, I guess. But it goes
to the payroll and --
COMMISSIONER LETZ: A little more like a stipend.
MS. NEMEC: It's lust a salary one as far as we're
concerned.
~ ' 23
JUDGE DENSON: Why don't we do the same thing with
.^
Laurinda?
MS. NEMEC: We could, but -- but she's exempt and
Susie isn't. So Susie would be earning overtime hours.
Anything after 90 hours would be overtime.
JUDGE DENSON: How much time do you actually think
F'^
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7 this will take, Laurinda?
8 MS. BOYD: I apologize, I left my my briefcase out
9 in the car. We based it on $150 a month. I can't remember
10 how many hours it was. It was like -- I'm sorry, I can't
11 even remember how many hours it was. You know, if it's that
12 big of a deal, just forget it.
13 JUDGE DENSON: No. Laurinda, this is a request,
19 and I think we need to discuss it in detail to enable us to
15 -- Commissioners Court to arrive at a proper decision. I
16 don't know what the Commissioners are prepared to do, but
17 let's -- from what you described a while ago -- and I'm-not
18 trying to hold you to that description of her duties, but it
19 may be we're just talking about a few hours a month, and if
20 it's a few hours a month, possibly the Commissioners Court
21 would consider putting in some overtime money for that
22 purpose for her to work a little extra time above and beyond
23 hex regular duties. But we need some details in order to --
29 MS. BOYD: I believe it was about -- what we had
25 estimated would be about 10 hours a month. And I -- I think
29
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1 we did it, like, at $5 an hour or six -- I don't know. $150
2 -- we based it on $150 a month, is what it was. It was,
3 like, 10 hours a month, I think.
q JUDGE DENSON: She's going to input a basic
5 contract into the computer out there?
6 MS. BOYD: And all the receipts and -- like, every
7 time I make a deposit or every time I make a -- you know, I
8 have a -- all of that.
9 JUDGE DENSON: So she's going to do the financial
10 recordkeeping?
11 MS. BOYD: 5he's going to do the bookwork for me,
12 is what it would be.
13 JUDGE DENSON: What's the alternative if
14 Commissioners Couxt can't approve this request?
15 MS. BOYD: I'll just keep juggling the way I've
16 been juggling.
l~ COMMISSIONER LETZ: That option isn't good, in my
18 opinion. I think we need to figure out a way to get it done.
19 I think the workload out there has increased, and it's too
20 much for Laurinda to do with her other responsibilities, keep
21 track of it as well -- I mean, details of it. I think that
22 Laurinda's doing a real good job on the sales part of it,
23 promotion of the facility and coordinating, but the
29 shortcoming that I see is on the -- you know, the reporting
25 part of it so we know exactly what's going on. And
25

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1 recordkeeping -- I think she's freely said that that's her
2 weak point; it gets put off, so I think it needs to be
3 addressed somehow to get that work taken care of. Whether
9 we, you know, ask to do it in her current job description or
5 if. we need the additional overtime money or however we handle
6 it, or increase her salary slightly to just do it during the
7 day. You know, I -- I would -- and Susie isn't here. Maybe
8 you can ask her or maybe you know if it's -- I would just
9 rather increase her salary slightly and have her do it
10 whenever. I don't want it to be tied that she can't do this
11 during the 8-hour day, because I envision her to be helping
12 you when you're not -- you can't be reached, things like
13 that.
19 MS. BOYD: Well, actually, because we're sitting
15 out there and because I handle the Barn part of it and
16 everything, that Barn is a part of all of us out there, and
17 it affects us every day. People stop at our office first to
18 come in there, you know. In the beginning when this all
19 started, it was handled just straight through, you know, the
20 phone and the pager. Well, now everybody knows where I am,
21 they know I'm sitting in there in the office and they come I
22 into the office, and you can't help that. But I guess what
23 I'm trying to explain is, it's not just like this is 10 hours it
24 a week or whatever you spend on it. All day long, I feel I
25 do 9-H, I do Barn, I do 4-H, I do Barn. It's -- it's all,
26
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you know, thrown in together.
JUDGE DENSON: But let me interrupt.
MS. BOYD: It's hard to separate it.
JUDGE DENSON: I think we're getting off the issue.
I think Jonathan's suggestion is a very good one.
MS. BOYD: That's fine.
JUDGE DENSON: But Susie needs to be consulted.
MS. BOYD: Mm-hmm.
JUDGE DENSON: If she could do this during the day
along with her other duties, then this would be an excellent
way to solve the problem. We need to move on this pretty
quickly. Do you think --
COMMISSIONER LETZ: I don't -- Laurinda's going in
for back surgery, I think.
MS. BOYD: This afternoon.
COMMISSIONER LETZ: This afternoon. She's going to
be pretty much out-of-pocket far a while.
COMMISSIONER BALDWIN: May I make a suggestion?
Maybe we can deal with -- it is a budget issue, and we're
doing budget workshops this afternoon. Possibly we could
deal with this this very day, as we live and breathe.
MS. BOYD: Susie's willing to do whatever. She
helps me now when people come in there, taking money and
stuff.
COMMISSIONER LETZ: Okay, we can handle it that
~ ~ 27
way. Other than that aspect of it, I mean, does it -- I

guess --
MS. BOYD: So are you going to -- you're going to
take that -- the travel money and just lump it in as salary;
is that what you're saying?
COMMISSIONER LETZ: Well, I don't know which way is
better. To me, that's just a total amount that we're paying


81 on it.
9		MS. BOYD: And	I usually -- I haven't turned in
10		everything right now. I	need to turn in about $1,200 worth;
11		I just haven't had time	to sit down and do it. But either
12		way, I guess it doesn't	matter. It would save me -- I'm
13		always behind on submitt	ing it.
14		MR. TOMLINSON:	It would be all right with us if we
15		just have those bills se	nt to the County.
16		MS. BOYD: The	phone one --
17		MR. TOMLINSON:	Directly to us.
18		MS. BOYD: The	phone and the pager could be done
19		that way. The cellphone	is -- I have extension, personal,
20		and the barn all onto on	e phone. And I have to sit down and
21		separate everything out	every month. Unless I --
22		MR. TOMLINSON:	If you add it -- I mean, if you add
23		it to salary, you'd just	pay more taxes.
29		COMMISSIONER L	ETZ: Be better off separating it
251 out.
I 28



1	MR. TOMLINSON: Yes.	
2	COMMISSIONER LETZ: Okay.	
3	MR. TOMLINSON: I mean, we're going	to have to
9	write a check to her anyway, so I -- it would	be okay with us
5	if you just sent -- have the bills sent direct	ly to our
6	office.	
7	MS. BOYD: So, Tommy, send the pager	bill and the
8	phone bill, but what about the cellphone bill?	That's two
9	different -- three different things.	
10	MR. TOMLINSON: We have to deal with	that, but we
11	-- but that will be your problem.	
12	MS. BOYD: Unless I could put it --	just get one
13	separate phone.	
19	COMMISSIONER LETZ: We can split it	out. Then I'd
15	recommend that we give this to Tom Pollard to	let him draw up
16	a contract.	
17	COMMISSIONER BALDWIN: Second -- or	yes, I agree.
18	COMMISSIONER LETZ: Okay. That was	a motion, I
19	guess. That was a second?	
20	JUDGE DENSON: For what?	
21	COMMISSIONER LETZ: That we approve	this content
22	and give it to Tom Pollard for the formal contract and the
23	amounts, $575 per month and then $100 travel,	phone
24	allowance, communication.	
25	MS. BOYD: I think it's at $1,900.	If you do it
		29

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$100, it would be $1,200. Right now it sits at $1,900.
COMMISSIONER LETZ: $1,400 per year, divided out.
JUDGE DENSON: Okay. That's a motion?
COMMISSIONER LETZ: Yeah.
JUDGE DENSON: And part of it is that you'll help
Tammy with drawing up the motion?
COMMISSIONER LETZ: I'll give her this piece of
paper, yes.
JUDGE DENSON: Second?
COMMISSIONER BALDWIN: Second.
JUDGE DENSON: Okay. All in favor?
(The motion was carried by unanimous vote.)
MS. BOYD: Y'all are going to talk to Susie? I'll
talk to her.
JUDGE DENSON: Would you have Susie come by here at
1:30 this afternoon, please? Okay, 2.2 -- thank you,
Laurinda. Good luck. Consider an irrevocable Letter of
Credit for substitution for Performance Bond of Cypress
Springs Subdivision, Precinct 4. County Engineer, Franklin
Johnston.
MR. JOHNSTON: I was contacted by a company called
Investment Management and Research. They're the bankers for
the Cypress Springs Subdivision, and they faxed me this form
and said that's what they would like to use in lieu of a
performance bond. I think we had a sample form in our
30

1		appendix,	but they	wanted to use	their form, so I told them
2		it would	have to be	reviewed by	the County Attorney and
3		y'all, an	d the, you	know, Court	give approval before we can
r^
9	just use their -- their	standard form. But --
5	JUDGE DENSON:	Not only that, but before I'll even
6	refer it, my opinion --	before even referring it to the
7	County Attorney, I want	a financial statement. I mean,
8	usually we have a bank	involved, and that's one thing. But
9	sometimes -- I don't kn	ow who it is, I M 6 R, Investment
10	Management and Research	, Inc.
11	COMMISSIONER	OEHLER: Looks like they have a lot of
12	money.	
13	JUDGE DENSON:	They say they do.
14	COMMISSIONER	OEHLER: Yeah. I just -- that's what
15	I said.	
16	COMMISSIONER	BALDWIN: There's times you and I say
17	that, Judge.	
18	MR. JOHNSTON:	I don't think there's any hurry to
19	act on this. They don'	t have -- the preliminary plat hasn't
20	even come through yet.	This would be on the final plat.
21	It's something we can start looking at.
22	COMMISSIONER	BALDWIN: I still think -- and I agree
23 with the Judge, that we get some financials in, but
29 definitely xun it by the County Attorney, if he does that
25 kind of thing.
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MR. JOHNSTON: I faxed a copy of this to Tom Pollard
for him to look at it. Maybe -- it may be too early for him
to review it without more information.
JUDGE DENSON: He should be here this morning.
Maybe we can talk about it briefly when we talk about some
other legal issues. Okay. We can't take any action.
MR. JOHNSTON: We can pass on this; I'll get more
information again.
JUDGE DENSON: We can't take any action on it now,
anyhow. And being a private company like that, we're going
to have to have a good set of financial statements and see --
see what their situation is. Okay, 2.3. Gentlemen, y'all
want to talk about implementing the burn ban?
COMMISSIONER LETZ: I think we'll pass on that.
JUDGE DENSON: Okay. 2.9, Consider and discuss
appointing successor for Justice of the Peace, Precinct 1, to
take office September 1st, '98. I had a discussion with
Vance Elliott last week about taking over -- and this isn't
anything new; the Commissioners Court has talked in the past.
Of course, we've acted on and accepted current J. P. 1's
resignation effective the end of this month, and so we need
to have an appointee standing by to take over those duties.
And I think it's been discussed, and it may even be the
consensus of the Court that the J. P.-elect, who is
unopposed, Vance Elliott, would be that person. I know he's
32

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presently training and such. So I'm -- I want to use this
opportunity today to appoint him as J. P. 1 effective
September the 1st, '98. We can go through the other
formalities on the 1st as far as swearing-in. I think he's
presently getting his bond in order and all the other
formalities that are necessary for him to take office on that
day.
COMMISSIONER BALDWIN: Judge, I agree with you.
September 1st is next Tuesday, and so when -- when do you
think that you would swear him in? Or whoever's going to
swear him in.
JUDGE DENSON: That morning, 8:30? Something like
that.
MR. ELLIOTT: That's fine with me, Judge.
COMMISSIONER BALDWIN: Why don't y'all meet down
here at midnight?
JUDGE DENSON: Why don't you meet down here with
him and drink coffee --
COMMISSIONER BALDWIN: I was going to be here.
JUDGE DENSON: -- and have coffee ready at 8:30
when I show up.
MR. ELLIOTT: If it pleases the Court, Judge, I'll
be more than happy to meet down here at midnight with
Commissioner 1, Buster Baldwin, and then I could be sworn in
at 8:30 with you that following -- later that morning.
33

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COMMISSIONER BALDWIN: That would be interesting.
So, the Tuesday morning y'all are -- I mean, I want to know
when you're going to swear the guy in.
JUDGE DENSON: Yeah.
COMMISSIONER BALDWIN: Tuesday morning?
JUDGE DENSON: Tuesday morning, right here in this
courtroom, 8:30.
COMMISSIONER BALDWIN: Okay. Is that a motion?
JUDGE DENSON: No, I'm going to let you do that.
COMMISSIONER BALDWIN: I'd like to do that. I'd
like to appoint Vance Elliott as the Justice of the Peace,
Precinct Number 1, effective September 1.
COMMISSIONER LETZ: Second.
JUDGE DENSON: I've got a second. Further
discussions or comment on this? Vance, do you have anything
to say?
MR. ELLIOTT:
and I'm looking forward
JUDGE DENSON:
you. Have you had your
the bond and all these
MR. ELLIOTT:
JUDGE DENSON:
MR. ELLIOTT:
JUDGE DENSON:
Just thank you for the consideration,
to serving the people of Kerr County.
I'm looking forward to working with
questions or those issues relative tc
other things --
Yes, sir.
-- resolved?
All that is resolved.
Good. Okay.
I 34
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COMMISSIONER BALDWIN: Would you introduce your
friend there with you?
MR. ELLIOTT: Also present with me today is my
wife
MRS. ELLIOTT: I would like to say something.
Thank you for taking him out of the office.
J. P. WRIGHT: I would like to say something on
behalf of the other J. P.'s. Thank you. Commissioners Court
has taken action at earliest possible time.
JUDGE DENSON: All in favor?
(The motion was carried by unanimous vote.)
JUDGE DENSON: Thank you very much for coming down.
MR. ELLIOTT: Thank you.
JUDGE DENSON: Okay. 2.5, Consider and discuss
approval of the Kerr Central Appraisal District budget, which
will be effective January 1st of '99. And they sent me a
letter. I think that each of you have a copy of it. Have
y'all had a -- did you get to look at their budget proposal
and --
COMMISSIONER BALDWIN: Yes, sir.
JUDGE DENSON: -- discuss it?
COMMISSIONER BALDWIN: Yes, sir.
JUDGE DENSON: Consider it? Comments? Questions?
COMMISSIONER BALDWIN: Yeah. It shows that they're
asking --
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JUDGE DENSON: Excuse me, Buster. Excuse me just a~
moment. Yes, Vance?
MR. ELLIOTT: Judge, with Commissioners Court
approval, I'd like to participate, if it's okay with you
guys, on the budget for J.P. 1 this afternoon when that
agenda item comes up.
JUDGE DENSON: Sure. We're going to have a -- what
I anticipate is we're going to have sort of a general budget I
workshop, just an overall -- I don't know how we're going to
move through the different budgets, but if you'll come in at
about 1:30 or whatever time that's set --
COMMISSIONER LACKEY: It's set for 1:30.
JUDGE DENSON: Yeah, it's set for 1:30. We'll take
up the Susie matter that we've already discussed for Laurinda
Boyd, then we'll take yours up first and let you go back to
the office.
MRS. ELLIOTT: That's okay.
MR. ELLIOTT: Thank you.
JUDGE DENSON: Okay. Excuse me, Commissioner
Baldwin.
COMMISSIONER BALDWIN: That's all right. It shows
on here they're asking for a salary increase of 3.78. And if
you go through here and really look at the thing pretty
close, it's for those employees that -- that -- I mean, it's
not for the front office folks at all, and so I feel --
36
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1 personally feel a little bit better. There was a -- there
2 was an increase of the employer portion of hospital tax, and
3 I assume that that's some kind of State law, that hospital
4 tax. I don't know, that goes over my head. There's this
5 mapping expense, an 85 percent increase in the mapping
6 expense. Is this the very same map that we have spent
7 thousands and thousands and thousands of dollars with 911,
8 and now these folks, the Appraisal District folks, are
9 building another map? Or --
10 COMMISSIONER LETZ: On that one --
11 COMMISSIONER BALDWIN: Oh, there's answers to this?
12 COMMISSIONER LETZ: Do you happen to know? A lot
13 of times you ask questions that you know the answer to. I
19 thought I'd see if you know the answer to this one.
15 COMMISSIONER BALDWIN: I don't know. I don't. I
16 think maps probably work hand-in-hand, but I don't see that
17 here.
18 COMMISSIONER LETZ: That is probably my biggest
19 concern on here is, you know, that we're not -- we've been
20 slowly getting our maps from 911, and --
21 COMMISSIONER BALDWIN: Twelve years.
22 COMMISSIONER LETZ: Very slow. And I was
23 interested as to their map. It's an 85 percent increase, but
24 it's not a huge amount of their budget, certainly; it's going
25 from $3,500 to $6,500. But I would think they would be using
37
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COMMISSIONER BALDWIN: Tommy, you know everything.
What do you think about it?
MR. TOMLINSON: I don't know.
COMMISSIONER BALDWIN: That's the only thing you
don't know.
MR. TOMLINSON: Don't know.
COMMISSIONER LETZ: I would imagine they're
separate maps. I know Kendall County is doing a separate
mapping program. Their requirements are frequently different
than what 911 is putting in for property description.
COMMISSIONER BALDWIN: And --
JUDGE DENSON: Here's a lady that's going to speak
to that.
MS. RECTOR: That is a separate map on their
mapping. They have come a long, long way with their new
mapper that they have now to get all the mapping done
throughout the county. So this is -- it is a separate map.
They're doing a good job.
COMMISSIONER BALDWIN: The way I see it, these
folks maybe are putting parcels of land and ownership and
those kind of things on the map; 911 is simply addresses.
MS. RECTOR: Mm-hmm. They're doing the parcels and
the parcel I.D. numbers.
38
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COMMISSIONER BALDWIN: So that's two -- two
different maps.
MS. RECTOR: Mm-hmm.
COMMISSIONER BALDWIN: Okay.
JUDGE DENSON: Entirely different.
MR. JOHNSTON: The KCAD map is one that we submitted
item for to share data. We have to buy some hardware, but
they have all -- all the subdivisions all on there. The 911
map doesn't have that.
JUDGE DENSON: As well as --
MR. JOHNSTON: As well as --
JUDGE DENSON: -- large tracts of land, ranches and ~,
such.
MR. JOHNSTON: They do have all the roads listed
also with the database. You click on a little line, and it
comes up and tells you all about it.
COMMISSIONER LETZ: Did they get their -- do you
know where they got their basic information? Did they get it
from 911?
MS. RECTOR: It's been a group effort between 911
and KCAD to get the information together.
COMMISSIONER LETZ: Commissioner Baldwin?
COMMISSIONER BALDWIN: Going down, I just don't
understand their verbiage, "Equipment maintenance and
reserve." Is there a reserve fund in equipment maintenance?
39

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That's what it says. And then the next one is "building
reserve."
JUDGE DENSON: Yeah, that's just terminology that
they use in their budgetary process.
COMMISSIONER LETZ: Major repairs, I would guess.
COMMISSIONER BALDWIN: Okay. And then travel --
travel and mileage, there's a 13 percent increase. And it
says over here in the -- when they try to explain it, the
Kerr CAD is responsible for and required by law to physically
inspect all property located within Kerr County. And the
complaints that I'm getting as a Commissioner is, of course,
the increase, but -- you know, everybody complains that these
folks never come to my house and inspect, they simply look at
the records from last year.
JUDGE DENSON: That's a complaint that they're
making -- people are making?
COMMISSIONER BALDWIN: Mm-hmm.
JUDGE DENSON: I would think that that would be
something one would be happy about.
COMMISSIONER BALDWIN: Well, I don't see it that
way at all.
JUDGE DENSON: Well, I mean, I think the likelihood
of them increasing the value of your property is much greater
if they come out and physically inspect, as opposed to doing
something in an office, if that actually occurred.
40


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1 COMMISSIONER BALDWIN: Well, I certainly disagree
2 with you. I would -- if mine increased a tremendous amount
3 without them even coming out and looking at it -- i
9 JUDGE DENSON: Oh, okay, you're talking about
5 increases without them looking at it. But something that the
6 Commissioners Court, as well as the general public, really
7 needs to understand -- and probably it would be really good
8 for Commissioners to explain this to constituents. The
9 reason why that appraisal district was set up, the law that
10 created appraisal districts is to completely remove the
11 appraising of property from the taxing entity that's
12 involved. The only relationship we have with the appraisal
13 district at all right now is the budgetary process. The
19 mechanics of appraising, the procedures that they implement
15 and all, are just totally up to that appraisal district, and
16 any complaints that taxpayers have as to values is afforded
17 -- or the procedure afforded them is to simply file a protest
18 and go before the board.
19 COMMISSIONER LETZ: A comment on that, on
20 Commissioner Baldwin's question. The inspection of the
21 .property can be a drive-by, and frequently they are.
22 Generally, the way the appraisers do it, they go pick out a
23 subdivision for the day, they'll drive the streets and just
24 check to make sure that they don't notice any major changes
25 from year to year. Once it's measured, they don't go out and
41
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1 remeasure the house each year -- actually, it's every three
2 years. I believe the rest are --
3 MS. RECTOR: They're grouped in classes, depending
4 on whether they're residential, ranchland, or business
5 properties, and the appraisers are assigned to those certain
6 areas. There's business appraisers, there's residential
7 appraisers, and that's what they do. They go to the
8 residential areas or the businesses to appraise their
9 personal property. With their limited staff that they have,
10 they can only target certain areas a year and they cannot
11 possibly cover the whole county in a year. And that's why --
12 and with the sales being as they are this year, they're using
13 those sales, if they have some good, hard sales in those
14 areas, to increase the values of those like properties in
15 that area. And that's why the opportunity to protest was
16 given this year when everyone -- everyone in the county got
17 an appraisal notice.
18 COMMISSIONER BALDWIN: Well, don't get me wrong.
19 Don't misunderstand me. I'm just -- they've asked for an
20 increase in travel and mileage, and their reason is that the
21 State law requires them to go look at everyone.
22 MS. RECTOR: But they can't possibly cover every
23 piece of property on the ground.
29 COMMISSIONER BALDWIN: I'm simply reading what they
25 wrote.
92




1	MS. RECTOR:	Mm-hmm.
2	COMMISSIONER	BALDWIN: I'm not making something up.
3	MS. RECTOR:	I'm just trying to make you understand
9	a little better about	--
5	COMMISSIONER	BALDWIN: That they don't comply with
6	the State law?	
7	MS. RECTOR:	Yes, they do.
8	COMMISSIONER	BALDWIN: Oh.
9	COMMISSIONER	LETZ: And the other point that I'd
10	like to make, I think	that -- Paula, correct me if I'm wrong
11	on it -- each year, th	e Comptroller's office does a survey --
12	MS. RECTOR:	Property values study.
13	COMMISSIONER	LETZ: -- and checks values, and if
19	the values are not cor	rect within a 5 percent tolerance, the
15	taxes the next year ar	e going to be worse, because it hits
16	the school districts s	o hard.
17	MS. RECTOR:	Right.
18	COMMISSIONER	LETZ: So if they're -- the State
19	pretty much has a big	hammer holding over the appraisers.
20	They can say, "You'd b	etter keep your values up, because if
21	you don't, we're going	to take funding away from your
22	schools, and the next	year your tax rates will have to go
23	even higher."	
24	MS. RECTOR:	That's right.
25	COMMISSIONER	LETZ: So, you know, if they -- and
		93



1 that's kind of a -- it's a big hammer that the State holds
2 over all these appraisal districts, and that is why the
3 values are going up. Values are going up and the appraisal
4 districts are reflecting that, and if they don't go up as
5 much as the State thinks they're going up, it makes it worse
6 the next year and in future years. So, it's something that
7 -- it's a pretty complicated process.
8 COMMISSIONER SALDWIN: That happened recently,
9 didn't it, with KISD?
10 COMMISSIONER LETZ: KISD lost $1.3 million in
11 funding --
12 MS. RECTOR: Yeah, two and a half million.
13 COMMISSIONER LETZ: Two and a half million dollars
19 in funding because of that, because last year the appraisals
15 -- their values were not high enough based on the State's
16 survey. So -- and that will impact all taxpayers in KISD
17 this year.
18 COMMISSIONER LETZ: I make a motion we approve the
19 Kerr Central Appraisal District budget as submitted.
20 JUDGE DENSON: Needs a second.
21 COMMISSIONER OEHLER: I'll second it.
22 JUDGE DENSON: Okay. Further questions? Comments?
23 All in favor?
24 (The motion was carried by unanimous vote.)
25 JUDGE DENSON: Okay.
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1 COMMISSIONER BALDWIN: We don't even get to break
2 before 10 o'clock, huh?
3 JUDGE DENSON: We're going to break shortly. We'll
9 lust do our public hearing. It is 10 o'clock, and we have a
5 timed matter far 10:00 set on agenda item number 2.6, public
6 hearing concerning establishing a road district for Spring
7 Creek Ranch. So, at this time we'll need to close our
8 Commissioners Court meeting and go into public meeting on
9 that subject matter, it being 10 o'clock.
10 (The regular Commissioners Court meeting was
closed at 10 a.m., and a public hearing was held
11 in open court, as follows:)
12 P U B L I C H E A R I N G
13 JUDGE DENSON: Okay, we are now in the public
19 hearing, and I'll ask for any comments, questions, and
15 discussion from the general public. Ms. Pena, let me ask you
16 to comment, since you're not volunteering.
17 MRS. PENA: I'm sure you've all heard from me quite
18 enough already, but we have other residents here this morning
19 as well, and obviously, we are very much in favor of the road
20 district and appreciate the chance to vote on it, and trust
21 that the vote will be a positive one and that we can go
22 forward with the corrections and additions and repairs that
23 our roads need.
29 JUDGE DENSON: How is the -- the last time we met,
25 the Commissioners Court, I think, took action and committed
95

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1 to do certain things if the property owners out there would
2 do certain things, and I know this is part of that process.
3 MS. PENA: Yes.
9 JUDGE DENSON: Are the property owners that you've
5 talked about out there supportive of what we're doing? And
6 when I say "we're doing," 1 mean the Commissioners Court as
7 well as the property owners' association.
8 MS. PENA: Yes, I believe they are. We certainly
9 sent out letters. Please understand that the considerations
10 that we're asking for fzom the homeowners are voluntary. We
11 have no association, no means of forcing, other than to beg,
12 anyone to give the money. And we just notified them after
13 your meeting in early June, when you set the amount at
19 510,000. We only have -- we -- well, we have 22 distinct
15 property owners out there, and we've just learned in the last
16 week that two peices of property are in the process of being
17 sold to other property owners already there, so now we're
18 down to 20 or 19 people potentially giving 5500 each. We
19 currently have about 53,000 of that money raised, and I think
20 that may be because some folks are waiting to see if the road
21 district passes before they make their donation, which I can
22 understand. So, we're hoping that as soon as the road
23 district passes, that a lot more of the funds will be coming
24 in, but we really won't know that for a while yet.
25 JUDGE DENSON: Okay. Maybe if all this becomes
96


1 reality, which I anticipate it will, we can talk to the
2 County Road and Bridge, and those property owners that aren't
3 willing to participate will ultimately find potholes in front
9 of their house.
5 MS. PENA: Okay.
6 COMMISSIONER BALDWIN: I have a question. On the
7 road district election, itself, is it -- is it held separate
8 -- as a separate election? Or do we have it -- do we have a
9 clerk-type person in here or --
10 JUDGE DENSON: Yes, it's a separate election.
11 COMMISSIONER BALDWIN: It's totally a separate
12 election outside -- you can't vote with it on the general
13 election day-type thing?
14 JUDGE DENSON: It's going to -- no, I'm not sure
15 about that.
16 MS. HARDIN: I can -- I'll explain it.
17 COMMISSIONER BALDWIN: Truby Hardin.
18 JUDGE DENSON: Tzuby Hardin is here with Road and
19 Bridge to explain that.
20 COMMISSIONER BALDWIN: Tzuby, thank you so much.
21 MS. HARDIN: You're welcome.
22 JUDGE DENSON: "After a public hearing, copies of
23 the attached ballot were to be sent by certified mail."
24 MS. HARDIN: This yellow sheet is the note that
25 ~ will be put in the certified mail envelope along with this
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ballot. And the last page, for your information, are the
people that it's being sent to. The ballots are really to be
mailed after the close of the public hearing. We can mail
those tomorrow. When they came back on September 25th,
Billie and I will both count them, and then the majority
wins. There's no certain number, just whatever -- let's see.
COMMISSIONER BALDWIN: You mail these ballots out
in the mail?
MS. HARDIN: Certified mail to these people who are
homeowners.
COMMISSIONER
mail it back to you?
MS. HARDIN:
stamped envelope that
COMMISSIONER
COMMISSIONER
how do you
MS. HARDIN:
number at the top.
COMMISSIONER
MS. HARDIN:
mailing code is on the
COMMISSIONER
we get back 15 number
MS. HARDIN:
BALDWIN: And they simply mark it and
And they have a self-addressed,
is addressed to Billie Meeker.
BALDWIN: Cool.
LETZ: They don't sign it -- I mean,
They have -- each
LETZ: Okay.
And the number --
back sheet.
LETZ: So we know
1's?
Each one of them
one them has a
and their certified
there's a problem if
- each one is
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numbered and each one has a certified mailing receipt that
comes back to us as to when it's mailed.
COMMISSIONER LETZ: Okay.
JUDGE DENSON: Very well.
MS. HARDIN: Any more questions?
JUDGE DENSON: Okay. There -- let the record
reflect there's no opposition in the public hearing to the
establishment of a road district for Spring Creek Ranch.
There's been absolutely no comment negative whatsoever. At
this time we will close the public meeting, go back into our
regular scheduled Commissioners Court meeting, and say thank
you to Mr. and Mrs. Pena.
MS. PENA: Thank you.
JUDGE DENSON: And other residents of Spring Creek
Ranch.
(The public hearing was concluded at 10:09 a.m.,
and the regular Commissioners Court meeting was
reopened.)
JUDGE DENSON: That will conclude our consideration
agenda this morning. We do have an 11 o'clock Executive
Session, and then as previously mentioned, we'll have budget
workshops this afternoon. However, at 10:15, I think, Buster
and I are going to eat some pie.
COMMISSIONER BALDWIN: Yeah, coconut.
JUDGE DENSON: So, it's about 10:05, and we're in
recess.
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(Morning recess was taken at 10:05 a.m.)
JUDGE DENSON: Okay. It's 11 o'clock, the 29th of
August, '98. We have a posted Executive Session, and we'll
discuss both matters, 3.1 and 3.2, 3.1 being all pending and
possible litigation, and 3.2 being personnel matters, as
posted. So at this time, we'll close our open meeting and go
into Executive Session.
(The open session was closed at 11:01 a.m., and an
Executive Session was held, the transcript of which
is contained in a separate document.)
JUDGE DENSON: Okay. It's 11:25, the 29th of
August, '98. We're back in open session of Commissioners
Court. I'll make a motion that we officially terminate
Jerome Russell --
COMMISSIONER BALDWIN: And authorize Treasurer --
JUDGE DENSON: -- based upon the physical history,
and authorize the Treasurer to pay benefits due. Is that
sufficient?
MS. NEMEC: Yes.
JUDGE DENSON: That's my motion.
COMMISSIONER BALDWIN: Second.
JUDGE DENSON: Further discussion? All in favor?
(The motion was carried by unanimous vote.)
JUDGE DENSON: Okay. Then, Tom, as to these couple
~„~ ' 5 0




1 of matters we need to discuss, one, there's a contract that
2 Jonathan will visit with you on between the County and
3 Laurinda Boyd to provide certain services for the County out
4 at the Ag Barn.
5 COMMISSIONER LETZ: We can just do it after this.
6 MR. POLLARD: Okay.
7 JUDGE DENSON: Okay. And then, two, Jonathan --
8 not Jonathan, Franklin. We had an agenda item this morning,
9 Consider irrevocable Letter of Credit for substitution for
10 the Performance Bond on Cypress Springs Subdivision. As you
11 can well imagine by that, we have performance bonds that are
12 put up to guarantee certain performance of roads,
13 what-have-you, on a subdivision. And, anyway, you've --
14 you've done those before, haven't you? You know what I'm
15 talking about.
16 MR. POLLARD: Mm-hmm.
17 JUDGE DENSON: But these guys -- the subdivision
18 isn't even off the ground yet; I mean, they're still doing
19 the dirt work out there between Ingram and Hunt. And they've
20 come along now and, through Franklin, through the engineer,
21 are trying to give us a Letter of Credit -- and I'll give you
22 my documents -- rather than that Performance Bond.
23 COMMISSIONER BALDWIN: I gave him mine.
29 JUDGE DENSON: Okay, good. And it looks like a
25 private company. It's a corporation and such. We discussed
51
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1		in the Court as	a body	how cazeful we should be	with
2		something like	that, a	private company's Letter	of Credit,
3 and I said I wanted financial statements. And I don't know
9 where we're going to go from here, but you need to be in the
5 loop; ultimately, you're going to have to tell us what to do
6 with it. I'm -- all the Letters of Credit that I've dealt
7 with in my legal career, as well as County Judge, have always
8 been from banks, which gave me, you know, a lot of comfort.
9 And when you start talking about individuals, if -- if that
10 Letter of Credit fails -- I mean, that Letter of Credit is
11 only as good as the financial net worth of the individual or
12 the company. Sort of scary.
13 MR. POLLARD: Yes, sir.
14 COMMISSIONER LETZ: Those are pretty hard to get
15 from banks.
16 JUDGE DENSON: Well, you've got to be strong. And
17 that's what we want. Apparently, the guy -- this is just
18 total speculation; I shouldn't even be doing this.
19 Apparently, that Performance Bond has got them locked up on
20 something, and they want it released so they can get some
21 additional financing or whatever. Who knows? Because it's
22 interesting that they want to substitute a Letter of Credit
23 for a bond that's already been posted.
24 MR. POLLARD: I'll talk to Franklin and find out
25 who to contact. It appears it may be this fellow that signed
52
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1 the letter, Randall Robinson, the Branch Manager, I guess,
2 here. And I'll see what I can do.
3 JUDGE DENSON: Yeah.
9 MR. POLLARD: That's the parent -- let's see. In
5 case you're not familiar with Raymond James -- the parent
6 company of Raymond James Bank, we are a New York Stock
7 Exchange firm with a billion dollars in revenue annually.
8 JUDGE DENSON: Maybe they are strong.
9 MR. POLLARD: That's what the letter says.
10 COMMISSIONER LETZ: They've got an office in
11 Norwest Bank building, broker's office.
12 JUDGE DENSON: Let's check it out, though.
13 MR. POLLARD: I think probably what you were
19 interested in primarily is a financial statement from those
15 people, or something along the financial end.
16 JUDGE DENSON: Certainly. Some evidence that we
17 can --
18 MR. POLLARD: Yes, sir.
19 JUDGE DENSON: -- hang our hat on.
20 MR. POLLARD: Got you. I'll see what I can get in
21 that area. Anything else?
22 JUDGE DENSON: That's it. We're in recess.
23 COMMISSIONER LACKEY: No.
24 JUDGE DENSON: Excuse me.
25 COMMISSIONER LACKEY: Don't forget the monthly
53

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1	reports. I move that we approve the monthly reports.
2	JUDGE DENSON:	Did you go over them?
3	COMMISSIONER	LACKEY: Yes.
4	JUDGE DENSON:	Like them?
5	COMMISSIONER	LACKEY: They're fine. Lovely.
6	JUDGE DENSON:	Do I have a second?
7	COMMISSIONER	BALDWIN: I'll second.
8	COMMISSIONER	OEHLER: Yeah.
9	COMMISSIONER	BALDWIN: I'll second.
10	JUDGE DENSON:	I've got a second. Okay, further
11	questions? Comments?	All in favor?
12	(The motion was carried by unanimous vote.)
13	JUDGE DENSON:	Okay. We're in recess.
14	(Commissioner	s' Court was adjourned at 11:34 a.m.)
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C E R T I F I C A T E
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
Official Reporter of the Commissioners' Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 26th day of August,
1998.
__ _ "~ ldR~ulZ
Kathy B k
Ceztified Shorthand Reporter
55