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KERR COUNTY COMMISSIONERS COURT
Special Session
Tuesday, May 27, 2003
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: PAT TINLEY, Kerr County Judge
H.A. "BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
DAVE NICHOLSON, Commissioner Pct. 4
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	I N D E X	
	May 27, 2003	
		PAGE
---	Visitors' input	3
---	Commissioners Comments	9
1.1	Discuss KISD Band Boosters use of Ag Barn for	~
	
competition/festival March 5-7, 2004, at no cost	~
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14 d
1.2	Request by Texas Hill Country Home Builders to	
	reserve HCYEC every first weekend in February	
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	for the next five years	22 p~
(
1.3	Clarify definition of "road" as discussed in	sCusdr~W'~
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	Kerr County Subdivision Rules & Regulations	~
35
1.4	Consider variance for utilities, final plat	3~
~~C~
	for The Reserve of Falling Water	~
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40 !~[
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1.5	Consider authorizing Road ~ Bridge to haul	~ ~ ~
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	materials to Red Rose Ranch for 4-H	46 a p p q,~
1.6	Revision of Kerr County Personnel Pay Policy
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49 17f3C;csrS~dn
	concerning longevity, educational, mer
t, etc.	
1.?	Authorize Sheriff to apply for SWALM Foundation	~O !~Q
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	grant for high-speed notification system	70 O
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---	Emergency repair of J.P. 3's computer	79
1.8	Mutual Aid Agreement for Multi-Jurisdictional	a ~ 0 4 7
	Special Operations Unit, authorize Judge to sign	81
1.9	Consider and discuss making June 7, 2003	
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	"The Honorable Don McClure Day"	91 a ~ ~ ~
1.10	Request by Kerr County Child Service Board for	
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	additional funds for kids in foster care	~~.S
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1.11	Consider revisions to Kerr County Parks and	e,
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	Recreation Master Plan, set public hearing date	107 p~ 7~
1.12	Discuss making burn ban process more responsive	^~rSC~sssid~
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	to needs of community and fire departments	1131
1.13	Approve Kerr County Auditor doing annual audit	+.~r~ ~! O O
	for Kerr County Rural Fire Prevention District 1	115 0"
1.14	Approve Amendment No. 1 to Contract 721075	
	between Kerr County & Office of Rural Community	
	
Affairs, authorize County Judge to sign same	a
118
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4. 1	Pay Bills	124 O~'
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4 . 2	Budget Amendments	lp
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4.3	Late Bills	127
4.4	Read and Approve Minutes	132 ~ (~7
4.5	Approve and Accept Monthly Reports	133 ~r,~ ~
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5.1	Reports from Commissioners	135
---	Adjourned	137
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On Tuesday, May 27, 2003, at 9:00 a.m., a special meeting
of the Kerr County Commissioners Court was held in the
Commissioners' Courtroom, Kerr County Courthouse, Kerrville,
Texas, and the following proceedings were had in open court:
P R O C E E D I N G S
JUDGE TINLEY: Good morning. It appears to be
at or near 9 o'clock. This is Tuesday, May 27th, and I will
call to order the Special Commissioners Court meeting posted
for this date and time. I would like to introduce as my
guest Dr. Ken Graves, who is the Bishop of the Church of
Jesus Christ of Latter-Day Saints. And, Dr. Graves, we'd ask
that you please honor us.
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you. Please be seated.
At this time, if there is any member present in the audience
that has anything they'd like to bring to the attention of
the Court on a matter that is not on the agenda, we would ask
that you feel free to do so. Ms. Frost?
MS. FROST: Good morning.
JUDGE TINLEY: Good morning. How are you?
MS. FROST: I appreciate the opportunity to
talk to y'all about something that's not on the agenda this
morning. I've supplied copies with you. I know that you
can't take any action on anything, but I'm hoping for a
response sometime in the future. For the record, my name is
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Mary Hart Frost, and my husband and I own property in Bumble
Bee Hills Subdivision, and I share ownership with my cousins
of property at Pleasure Hill. On behalf of all the parties
residing along the Pleasure Hill county road, I would like to
thank Commissioner Nicholson and the Kerr County Road and
Bridge Department for their prompt attention to the erosion
problem along this road. This erosion is a result of the
increased velocity of stormwater runoff into the natural
drainage gully along the Pleasure Hill Road because of the
site development clearing for the Stablewood Springs Ranch
Subdivision. Work done by the County on this road may
prevent some serious flooding of our property in the future.
Because of the experiences I have had in the
platting process in the past year and a half with the
Stablewood Springs Ranch Subdivision, I would like to ask
that the Court place more emphasis on the concept plan
phase, as required in the Kerr County Subdivision Rules and
Regulations, Section V, Platting Procedure, before a
preliminary plat is presented to the Court. 6.01, Concept
Plan, states, "Prior to submission of a preliminary plat,
the developer shall consult with and present two concept
plans in sketch form to the County Engineer, one concept
plan in sketch form to the Designated Representative for
Kerr County O.S.S.F. program, and an additional concept plan
in sketch form to each of the appropriate utility companies.
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The County Engineer will forward one copy of the concept
plan, along with a completed checklist, to the Commissioner
of the precinct in which the proposed subdivision is
located."
As far as I know, no concept plan was ever
submitted to the County Engineer for the Stablewood Springs
Ranch Subdivision. My neighbors and I in the Bumble Bee
Hills Subdivision first learned of the proposed subdivision
in January 2002, when dirt was dumped in the floodplain
along Bumblebee Creek behind our properties to construct a
berm as part of the Stablewood Springs Ranch development.
When we contacted U.G.R.A. about this berm, we learned that
the subdivision would be submitting a preliminary plat to
the Kerr County Commissioners Court on February 11th, 2002.
The property owners in Bumble Bee Hills and Pleasure Hill,
which abut the proposed subdivision site, and which had been
and would be further adversely affected by the proposed
development, had no opportunity to express concerns in a
concept plan phase.
I would suggest that the Commissioner of the
precinct in which a proposed subdivision is to be located
include nearby property owners who may be impacted by the
proposed subdivision construction for their input and
information. This communication could be extremely helpful,
especially to responsible developers. This approach enables
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members of the community to become more involved in the
development of their county if they so desire. No one knows
a community better than its own residents, and responsible
development works for the community, especially its
prospective neighbors. Hydrology, water availability,
septic, and density plans should be reviewed by a qualified
registered engineer in the concept plan phase. These issues
can be addressed before the developer has invested a great
deal of time and money into his proposed project and a
preliminary plat. If this suggestion was implemented and
adhered to on a regular basis, perhaps developers would be
more likely to agree to safeguards to reduce the impact of
the development on nearby property owners' creeks and
rivers.
Do I want more subdivision development in the
hills along the Guadalupe River and the creeks in Kerr
County? No. Will there be more subdivision development?
Yes. That is why you and I and all concerned citizens of
Kerr County need to be informed and proactive in making sure
that this subdivision development will be responsible.
Irresponsible development must not be allowed to destroy the
unique environment that makes Kerr County such a special
place to live. We must insure that this precious heritage
will be passed on to future generations. And I know that
all of you agree with me on that. Thank you for your
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attention and consideration of this matter. I have given
each of you a copy of my statement concerning the concept
plan phase of the Kerr County Subdivision Rules, and I look
forward to your responses. I've given you my e-mail
address, my telephone number, and my post office box, and I
do hope to hear from you. Thank you very much.
JUDGE TINLEY: Thank you very much, Ms. Frost.
COMMISSIONER LETZ: Judge, if I might make a
comment, triis is to Ms. Frost.
MS. FROST: Yes?
COMMISSIONER LETZ: Regarding the response.
And this is just from my standpoint, but I think it probably
works for the Court as well. The Subdivision Rules are going
to be up probably either the first or second meeting in June.
MS. FROST: Okay.
COMMISSIONER LETZ: For some revision. And I
really think a discussion on this topic is really -- and
maybe -- probably a workshop also, I would guess, 'cause it's
probably half a dozen changes we're going to be looking at.
That would be a good opportunity for feedback -- I mean, for
some sort of dialogue.
MS. FROST: Okay.
COMMISSIONER LETZ: As opposed to, you know --
MS. FROST: Individually trying to --
COMMISSIONER LETZ: -- individually trying.
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'Cause I just think it's difficult for us, one-on-one, to
respond, you know, have some ideas of -- you know, or
comments on your statement.
MS. FROST: Right.
COMMISSIONER LETZ: But it's better, I think,
at that time or one-on-one, rather than try to write them
down.
MS. FROST: So, then, would you contact me
about a workshop?
COMMISSIONER LETZ: It will be posted. I
mean, I'll try to remember to contact you, but --
MS. FROST: I bet Commissioner Nicholson will
contact me. Thanks very much.
JUDGE TINLEY: Thank you, Ms. Frost. Is there
anyone else that has any comments or matters that they'd like
to bring to the attention of the Court concerning matters
that are not on the agenda? Certainly, if you desire to have
input on matters that are on the agenda, we would ask that
you fill out a participation form. That helps us in the
planning stage, and also helps make sure that I don't miss
somebody if they've filled out one of those. That way I can
be sure and not pass over the item or go on to the next one
before we're through with it, if you haven't participated if
you asked to do so. Is there anyone else? We'll move on,
then, to the Commissioners' comments. Number 1.
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COMMISSIONER BALDWIN: Thank you, Judge, very
much. The only comment I have is I wanted to announce that
I'm going to lift the burn ban effective 10 a.m. this morning
through Thursday, 7 p.m. That's the only comments I have.
And I kind of wanted to do that up front because sometimes
the press folks have important meetings to go to, so they
tend to get up in the middle of ours and leave.
COMMISSIONER NICHOLSON: So, you said 10 a.m.
today through 7 p.m. Thursday?
COMMISSIONER BALDWIN: Yes, sir.
COMMISSIONER WILLIAMS: Well, I'd say ditto to
that; I'm going to take it off also. I know some folks have
called me over the weekend about it, so we'll let them have
an opportunity to burn while there's sill some moisture out
there. But then, also, I'd like to make mention of the fact
that this little town was full and running over over the
weekend with people who attended multiple functions here in
town. I assume they brought their money with them. The Arts
and Crafts fair was well-attended, I think, and this is the
last one that will be at the Schreiner University site,
because they're going to begin work out on the county site
for their new arts park pretty quick hereafter. I think
they'll get all the critiquing done on this particular one,
start filing for grants and so forth and so on. And then on
Monday, I -- I, with about 30 other hearty souls, showed up
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at the courthouse for a Memorial Day service, expecting to
hear the dulcet tones of the County Judge, and to and behold,
there wasn't a Memorial Day service here. Maybe the County
Judge knows the answer to that, because the newspaper, which
we put great faith in --
MS. LAVENDER: Not me.
COMMISSIONER WILLIAMS: -- told us there was
going to be one here at 11 a.m. and going to be one at the
V.A. at 10 o'clock. So, a few of us showed up, and a few of
us went home.
COMMISSIONER BALDWIN: I saw something -- they
had one here. I saw it on television.
COMMISSIONER NICHOLSON: Saturday.
COMMISSIONER LETZ: Saturday.
COMMISSIONER WILLIAMS: It said Sunday.
COMMISSIONER BALDWIN: The newspaper said
Sunday and they had it on Saturday?
COMMISSIONER WILLIAMS: No, it said yesterday.
COMMISSIONER LETZ: Said Monday.
COMMISSIONER BALDWIN: Said Monday, and they
had it on Saturday?
COMMISSIONER WILLIAMS: I don't know when they
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COMMISSIONER BALDWIN: Just an old trick.
COMMISSIONER WILLIAMS: An old trick? Kind of
had it.
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like the shell game, huh?
JUDGE TINLEY: Anything else?
COMMISSIONER WILLIAMS: That's it.
COMMISSIONER LETZ: I, likewise, will lift the
burn ban in Precinct 3 until -- from IO a.m. today until
7 p.m. cn Thursday. And since baseball season's winding down
at the collegiate and high school level, I'll make a couple
of kudos. The Tivy baseball team, they did lose over the
weekend, but they had another great season and went very far
in the playoffs. I congratulate that group of young men. I
want to move on to -- I don't know -- I doubt most people in
the room spend a great deal of time watching college baseball
and softball on ESPN, but those that do over the weekend saw
two of our recent Tivy graduates do very, very well in their
tournaments. Tamara Poppy, University of Texas softball, she
has the leading batting average for the Longhorns this year.
They got beat in the semi-finals by -- I believe it was
California, or UCLA beat them. And -- you know, but anyway,
she did a -- had a remarkable season and had a -- played a
pretty good game. And also, unfortunately, it isn't my
nephew I'm going to talk about next -- brag about; it's
someone at Texas A & M. Kevin Whelan, who has not had a lot
of playing time, did great in two games against the
University of Texas. And I talked to his father, Charlie
Whelan, this morning; he said it was the best of all worlds.
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Kevin had a great game, and University of Texas won. So --
(Laughter.)
COMMISSIONER BALDWIN: He almost put one over
the fence. It was close.
COMMISSIONER LETZ: Kevin had a great day, and
really headed off the season on a remarkable note, so I'd
really like to commend those two young athletes.
COMMISSIONER NICHOLSON: I'm thankful for the
rain that we got on our dry and thirsty land, and I'm going
to also join the rest of you in lifting that burn ban till
Thursday at 7 p.m. That's all.
JUDGE TINLEY: In response to Commissioner
Williams, yes, there was a Memorial Day ceremony here at the
courthouse. I must have missed the -- the erroneous
information, because what I saw indicated it was, in fact,
going to be at 11 a.m. on Saturday, and I was here. There
was some concern about the propriety of being able to conduct
that ceremony, because, as most of you know, that was the
fourth Saturday and we had Market Days here, as well as a lot
of other traffic in town. And there was some considerable
concern about whether or not that would be something that
was -- could be pulled off compatibly. Of course, we -- we
had the ceremony here in front of the courthouse, the front
door. I think it's a little shadier there, frankly, than
over on the west side over towards Sidney Baker. I think for
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that reason it worked out pretty good.
Also, of course, the Market Days people were
all around the square, and we had the usual traffic noise
that we're going to have anyway, but I was particularly
impressed and moved by -- at that point in the ceremony that
the rifle salute occurred and the playing of taps occurred,
I was able to look all around the perimeter of the square,
and I noticed that everyone involved in the Market Days, the
vendors and the participants and the lookers and so forth,
all stopped and faced towards the middle of the square where
the activity was taking place, and -- and became silent and
acted very appropriately, and I was very, very pleased to
see that. I discovered after the fact that -- when I made
that observation to the Market Day organizers, LuAnn
Anderson and Jackie Cain, that I was quite impressed by
that, and I discovered that they had put out a little flyer
to their vendors to be passed along to the people notifying
them that there would, in fact, be such a ceremony taking
place beginning at 11 o'clock, and indicating what would
occur.
And at the closing paragraph of that flyer,
it indicated, "In a show of respect for those who gave their
lives protecting our nation, please eliminate all unusually
loud noise during the ceremony and generally try to do
whatever you can to be respectful of the occasion and those
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attending." I thought that was an extraordinarily nice
gesture of the Market Days people, and it worked, obviously.
And the bottom line was, I think we obtained the
participation of a great many more folks in the actual
Memorial Day ceremony. So the end result was, I think,
absolutely wonderful, and I want to commend the Market Days
people and the citizens of Kerr County and the visitors that
we had coming to Kerr County for -- for showing the proper
respect as they should have done on that occasion. That's
all I have.
COMMISSIONER BALDWIN: Very good.
JUDGE TINLEY: Okay. Let's move to the
consideration agenda. Item Number 1, consider and discuss
approval of the K.I.S.D. Band Boosters use of the Ag Barn
facility for a pre-UIL competition and festival on the
weekend of March 5, 6, and 7, 2004, at no cost. Thank you
very much.
MS. ELLIOTT: Well, thank you for giving me
this opportunity.
JUDGE TINLEY: Would you state your name for
the record, please?
MS. ELLIOTT: My name is Deena Elliott.
JUDGE TINLEY: All right.
MS. ELLIOTT: I'm representing the -- at this
point, the K.I.S.D. Band Boosters. I've been a member of
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Band Boosters for approximately nine years. I'm on my second
son going through. He's going to be a sophomore this year.
He seems pretty excited about that, 'cause he's not a fish
any more. I don't know if you're aware of this, but we have
been having a fundraiser out at Walmart; it involves Coca
Cola sales and a great deal of time sitting and loading Coke
cases. And it gives us a lot of time to talk and throw ideas
around, and there's been one idea that's been being kicked
around by the Band Boosters for the full nine years that I've
been associated with them. It's been primarily presented by
Fred Burgess, who is retiring this year after 23 years with
these kids. He always said it would be so fine to be able to
have a jazz festival. And, you know, that's a really good
idea, I think, as the parent of a band student.
But we've been throwing that idea around, and
we'd like to do it, but we'd like to do it a little bit
better. We'd like to bring all of the Hill Country in.
We'd like to bring every school within a 50-mile radius into
the Ag Barn. If we can work it with a pre-UIL contest, that
would be terrific, but if we can't, we want to have a jazz
festival. We want to bring in colleges, we want to bring in
music companies, we want to bring in every school, and that
includes Harper, Ingram, Medina, everybody. We want them to
have an opportunity to see these other bands, see them
perform, and maybe one kid will say, "Hey, that's pretty
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cool. Maybe I can play." That's basically what we want to
do.
What we want to ask the Commissioners to do
is let us do it for free. We'd like to use the Ag Barn
facility to do it. It can park buses. It's the only
facility that I can think of iri this area that can park
buses. We don't need the grass. What we need is the
building, and we need the whole building. We want to put
specialty bands in the exhibition room, the smaller room.
We're going to use our boosters to come up with an idea to
make it acoustically sound. And portable; that's always
very important. In the rodeo area, we'd like to set up
those tents for colleges, for the music departments, and we
would like to give every booster organization with every
school an opportunity to have a little fundraiser on the
side. We'd like school children to be admitted for nothing,
and we'd like to charge the public to see these fabulous
bands. I don't know if you've seen our Tivy bands; they've
got a pretty good stage band. But we'd also like to let
Harper put together a country band, even if it's just four
pieces. Even if it's three pieces. My goodness, even it's
a soloist. Give them an opportunity to perform and to
perform for a venue that they've never been able to before.
If we can pull it off, it could -- it could
catapult this area. It's never been done here before. It
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could take Kerrville and just -- not only is it on the map
as far as the folk festival is concerned, and original music
composition -- I saw in the paper that they had an article
about that -- but we're head-and-shoulders above them when
it comes to our students, and I'd like for y'all to have
faith enough in them to let us attempt this. Thank you very
much for your time, and I hope to see you.
COMMISSIONER BALDWIN: I've got a question
fcr you. Did you say -- how much of the facility? You said
the --
MS. ELLIOTT: We need the exhibition area.
COMMISSIONER BALDWIN: The exhibition room?
MS. ELLIOTT: We'd like to set up the bands
there.
COMMISSIONER BALDWIN: And the rodeo arena?
MS. ELLIOTT: Yes, we would. I think that
it's going to get that big. I really do. When we start
putting out -- we've already had positive responses from
Fredericksburg, Boerne, and just the idea of having three 4A
programs there is -- is so tremendous that I think once we
put out the information and we get in touch with our colleges
and our music companies in the area, I think that we're going
to have a response that's -- that's going to shock and awe
everybody involved.
COMMISSIONER BALDWIN: Shock and awe, okay. I
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can say this. I saw the Tivy stage band in the Alamodome
this year, and they are really, really, really good. They
are a lot of fun, and you could see -- you could see them
kind of cross over from the scripted music over to -- let's
get down, do a little rocking here. And they were -- they
knocked the place down. It was fantastic. I'm all in favor
of it.
JUDGE TINLEY: Any other questions for
Ms. Elliott? Thank you.
MS. ELLIOTT: Thank you, sir.
COMMISSIONER BALDWIN: I think it's another
way to help just another group of our local youth. We do
everything we can to help the youth, and we work with our
high school athletes all year-round, and the band people are
the carne thing, so it is my opinion that -- I don't know -- I
don't know about the entire facility, but I guess we could
work on that deal. But I am in favor of it.
JUDGE TINLEY: Question. Do we know if there
are any current bookings for that date?
MS. ELLIOTT: Actually, we -- we were checking
into facilities, and the question came up that we honestly
don't have a place that's big enough. We've been approached
for UIL competitions before, and we've had an opportunity to
run them, and we just didn't have the facilities to do it.
And so we were thinking about what facility would be big
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enough to park buses, to bring buses into, and the only one
that came up was the Ag Barn. And then, of course, the
question came up about the acoustics at the Ag Barn, because
it wasn't initially set up for that type of thing. And I
think that we can handle that. It was March, we talked to
the person at the Ag Barn, and we asked them to please pencil
us in. There were two dates left, and one of them was right
in the middle of spring break, which is absolutely -- no.
The other one was March 5th, 6th, and 7th, and they penciled
us in, and the boosters will receive a contract next month.
JUDGE TINLEY: Okay, that answers my question.
I just didn't know whether we had some conflicting
organization that had already reserved the facility for that
date, and I -- by the nodding of the head I'm getting back
there, it looks like you are, in fact, at least penciled in
at this point.
MS. ELLIOTT: Yes, we are, sir.
JUDGE TINLEY: Thank you.
COMMISSIONER LETZ: Only comment I'd like to
make is, I, along with Commissioner Baldwin, support this
totally, and I would just like -- for the record, like to
point out a distinction between this one and the last one,
which I was not in favor of doing that. K.I.S.D. and all the
schools are taxing entities, and it's different to me than
going with a private organization, whether it's nonprofit or
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not. And going with a taxing entity, I think that it's
appropriate for us to waive fees for other taxing entities in
our county.
COMMISSIONER WILLIAMS: Well, I would just
weigh in on that. I don't see any problem with it. I think
the idea is great, and certainly that helps us fulfill the
mission of having that facility for the youth, our youth.
The only question in my mind has to do with acoustics. Will
that facility serve your purposes acoustically?
MS. ELLIOTT: For a UIL contest, no, sir, it
wouldn't be acceptable.
COMMISSIONER WILLIAMS: I know we can park the
buses, but --
MS. ELLIOTT: But with specialty bands, sir --
I know that you're aware that there have been several bands
perform there.
COMMISSIONER WILLIAMS: Oh, yeah.
MS. ELLIOTT: I think that we can get ahold of
walls that will bend that sound. And since it's not a
UIL-sanctioned type thing and they're not actually in
competition other than, you know, for us to enjoy the quality
of their music, I think that we can make it perfectly
acceptable.
COMMISSIONER	WILLIAMS:	More	power to	you.
COMMISSIONER	BALDWIN:	Judge,	I move	that this
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Commissioners Court waives the fees for the Ag Barn facility
for March 5, 6, and 7, 2004, for the -- for a regional-type
music festival. And we -- the K.I.S.D. Band Boosters would
be the group to use it.
COMMISSIONER WILLIAMS: Second the motion.
JUDGE TINLEY: Motion's been made and seconded
by Commissioners Baldwin and Williams, respectively, that the
Court approve the use of the Ag Barn facility by K.I.S.D.
Band Boosters for a pre-UIL competition/festival on the
weekend of March 5 through 7, 2004, at no cost. Any further
discussion or questions? Commissioner Nicholson?
COMMISSIONER NICHOLSON: I'm generally not in
favor of making such exceptions to policy, and was prepared
to vote against this one, and then Commissioner Letz gave me
a good reason to vote for it, so I'm going to do that. I
would suggest that we ought to either stop making exceptions
to policy, or change the policy. I'll -- I might be in
favor, for example, of changing the policy to allow taxing
entities, maybe even other organizations to use it. I don't
like the idea of -- of having to continually make exceptions
and to weigh the merits of one not-for-profit group over
another one. That's all.
JUDGE TINLEY: Any further questions or
24 discussion?
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COMMISSIONER LETZ: Can I make just -- you
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know, a comment. I mean, our policy -- and I agree with you;
we need to figure out a way to -- we've tried several times
to come up with a uniform policy. We have different
categories that we have tried to put groups in. The problem
is, there's always someone in between categories, and I`m
afraid that no matter how we do a policy, they're always
going to be referred back to us to make a call whether they
should get waived or not waived. And it's -- you know, but I
would certainly welcome the opportunity to try to solve this
dilemma, because I agree with you, it puts us in an awkward
position. And you and I generally agree on the fact that --
you know, that that facility should not be used free of
charge.
JUDGE TINLEY: Any further questions or
discussion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. The next
item is to consider and discuss the approval of the request
by the Texas Hill Country Home Building Association to
reserve the Youth Exhibit Center on the first weekend in
February for a five-year period, 2005 through 2009. It says
the next five years. Actually, that wouldn't be the next
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five years; it caould be the five years following the next
year. All right, thank you.
MR. ROESCH: Good morning, honored members of
the Court and ladies and gentlemen in the audience. I'm
Heinz Roesch of the Texas Hill Country Home Builders
Association. You need to forgive me; this is the first time
I've ever been in front of the Court, so I need to refer to
my rotes. The Texas Hill Country Home Builders Association
has now, I think, seven years in a row had a home and garden
show at the Youth Exhibit Center here in Kerrville, and over
the years that show has been very successful. This year,
we've had almost 80 vendors displaying their wares and
services, and I think almost 2,000 people attended that show.
I think it had a positive effect for Kerrville, Kerr County,
and also the vendors that had an ability to display their
services there, and I think it was also informative for all
the people that came there.
The organization and success of such an event
is, I think, to a degree dependent on the fact that you can
have it on a fixed day every year so that it gets into the
minds of the vendors as well as those who came, and also
makes the marketing of such an event a great deal easier
when you can, during the event, already line up the people
for next year's event, because you can make a commitment to
them it will be again on the first weekend next year. Also,

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having it on a fixed day would avoid conflict with the other
similar events in the greater area, be it San Antonio,
Austin, or anywhere else in the Hill Country. Of course,
most of those events are also on fixed days throughout the
year, and therefore, in order to continue to make this a
successful event and also to hopefully make it more
successful in years to come, I would ask that we be given
the right to have a fixed reservation for the years 2005
through 2009. For 2004, unfortunately, the first weekend is
no longer available, and so we had to book the second
weekend in February, but we'll have the show anyhow. So, I
ask for your positive consideration of our request, and look
forward to serving the Kerr County area with this show in
the years to come. Thank you.
JUDGE TINLEY: Are there any questions of the
gentleman from the members of the Court?
COMMISSIONER BALDWIN: No, not him, Do I --
are they booked next year?
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MS. McCLINTOCK: You want to go ahead and do
COMMISSIONER BALDWIN: No, I'm asking the
MS. McCLINTOCK: For the second weekend.
MR. ROESCH: They had already rented --
COMMISSIONER BALDWIN: What about the year
following that? Just this one time?
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MS. McCLINTOCK: No.
MR. ROESCH: Mrs. McClintock -- I guess you're
Jamie McClintock? She informed me that the first would be
available 2005 through 2009 without conflict in the schedule
as it is known right now,
COMMISSIONER LETZ: I guess my question is as
to why this is before us. And it's because of the length of
time there is to -- Glenn, is it the length of time for the
request? Is that the reason?
(Mr. Holekamp nodded.)
MS. McCLINTOCK: Well, previously -- we had
originally said that we were not going to book except for a
year acid a half in advance. And so, you know, when I start
looking -- start sending contracts for the next year,
normally that's when we start booking for the following year,
but contracts are not sent until then.
MR. ROESCH: I mean, in past years we've
always been given confirmation of our date only sometime in
late fall, and to start organizing such an event in late fall
really in earnest is -- is not -- is very, very difficult,
you know. I mean, those vendors make their plans also, you
know, a year, two years out.
JUDGE TINLEY: Mr. Holekamp?
MR. HOLEKAMP: The history on the year and a
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half out on booking -- I don't know if Commissioner Baldwin
-- I think Commissioner Williams was on the Court; all three
of you should have been. Sudie Burditt came to the Court and
indicated that for major events, talking about national
events, they needed the availability of two years out to book
the facility. So, what was happening is she had a date two
years olzt that the -- I think it was a motorcycle group or
something wanted to come, and we had booked something in the
facility already. And she had indicated to the Court -- I
think she came in to the Court and asked is there any way
that you cannot, on local events, book them a long ways out,
because if you really get a big one wanting to come to town,
they're unable to do it.
COMMISSIONER WILLIAMS: I have a couple
require a deposit for advance bookings? Do we require --
MR. HOLEKAMP: Yes.
COMMISSIONER WILLIAMS: -- a deposit?
MR. HOLEKAMP: Yes.
COMMISSIONER WILLIAMS: Okay. And if this
request of yours would be granted, are you prepared to put up
a nonrefundable deposit for the five years you're asking?
MR. ROESCH: Yes.
COMMISSIONER WILLIAMS: I'm still -- I don't
think I'm in favor of booking that far out in advance,
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because there is a good bit of uncertainty as to what we're
going to be doing with that facility. And if we go ahead and
make a commitment to you, and three years out or whatever, we
determine that we're going to do something with that
facility, you're disenfranchised.
MR. ROESCH: I mean, I'm -- I put five years
out because that was the advice I received from
Ms. McClintock, you know, just to ask for that booking. If,
you know, you can only make a commitment for two or three
years out, that would be acceptable just as well.
JUDGE TINLEY: Mr. Holekamp?
MR. ROESCH: The ir~iportant part is that I can
make -- excuse me. The important part is that I can, you
know, make year-to-year commitments already to vendors
displaying so that I don't have to wait until fall this year
to make the bookings or the preparations for the show next
year. That's very difficult.
JUDGE TINLEY: Mr. Holekamp, am I -- am I
given to understand that the current policy on the
utilization of that facility is now booking out a maximum of
18 months?
MR. HOLEKAMP: That is correct.
JUDGE TINLEY: Okay. Secondly, in booking out
a maximum of 18 months, are you committing those bookings, I
assume, at whatever current-day -- current-day fees are?
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MR. HOLEKAMP: Yes, sir.
JUDGE TINLEY: Okay. In the event the Court
is looking at possibly going out beyond the 18 months, what
are your thoughts about freezing those fees for whatever
period of time it may be, or possibly leaving it open,
depending upon what the Court may decide to do on a fee
structure at some future point in time a year, two, three
years down the road?
MR.. HOLEKAMP: Or six months. You know, I --
I really believe that in the contract that we do, there
should be a provision in there that if -- if the date booked
is further than 12 months, or whatever that date may be, from
the time of the deposit, and rates are approved or changed by
Commissioners Court, that they -- anything past 12 months,
they should be increased.
JUDGE TINLEY: Or subject to increase.
MR. HOLEKAMP: Or subject to increase. And I
really think that that could be done through contractual --
with the contract itself.
COMMISSIONER LETZ: I tend to agree with
Mr. Holekamp on that point, that that can be handled in the
contract. And I also think it can be handled through the
contract that if the facility is unavailable due to
construction, I mean --
MR. HOLEKAMP: Oh, yeah.
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COMMISSIONER LETZ: -- I think that can be
handled through the contract. And -- you know, so I would --
you know, and going back to the other part you talked about,
when we changed the policy, you know, I really don't recall,
you know, that meeting, what Sudie had said. But I have --
I'm mere inclined to support our local organizations than I
am national organizations, because they don't come that
often. And these are the people that -- you know, our bread
and butter where it comes to that facility, so I wouldn't be
in favor of -- I don't know; five years may be too long.
Maybe three years is the right number. I don't -- doesn't
make that much difference to me what the length of time is.
But I would, you know, be in favor of trying to -- if
everyone put up a deposit, to block out these dates so we
know what we're doing; people can plan. And, you know, the
national organizations, the few that may come here, they're
just going to have to work around the others, to me.
MR. ROESCH: And, you know, I would, from our
perspective, certainly find it very reasonable and
acceptable, you know, if you put a provision in your contract
that says, you know, if, in the interim, fees are changed up
or downwards, that that is reflected in the -- you know, in
the final payment to be made.
JUDGE TINLEY: What about a provision that
says in the event there's a -- there's a construction project
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undertaken out there that, in effect, renders the facility
unusable by anybody?
MR. ROESCH: I mean, that's similar to a force
majeure event. So, you know, given, obviously, you know,
the -- the notice at the earliest possible time of such, you
know, event happening, I -- you know, act of God cannot be
prevented, and construction is the same.
COMMISSIONER WILLIAMS: Well, force majeure or
acts of God, I don't know that you can put our...
(Discussion off the record.)
JUDGE TINLEY: Any other questions of this
gentleman?
COMMISSIONER NICHOLSON: I'm just so happy to
see somebody come in here and want to pay for it, I'll vote
for about anything. (Laughter.)
COMMISSIONER BALDWIN: Well, my only comment,
I'm -- I think -- I believe the way we should do this thing
is -- is agree with them for one more year, until we see what
we're going to do. There may not be a building out there
after a year. I mean, I don't know. Where do we stand on
that thing, by the way?
COMMISSIONER WILLIAMS; Somewhere between here
and here.
COMMISSIONER BALDWIN: Coming up pretty soon.
But I think -- I think the long-term issue is just out of
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whack at this time. I think we need to let them run one more
year on a year-to-year basis, and then -- then we will know
at that point where we stand with our new building, our new
facility, and go -- qo from that point. And I want to remind
Glenn and the Commissioners Court that the Visitors Bureau
does not run that operation. This Commissioners Court and
your department runs that operation. And that's just the way
I think, and I think that's just a smoother way to do it.
I'm not going to be able to go along with this five-year
deal. I just think that that's too long to make that kind of
commitment. I understand how they -- their planning -- how
it affects their planning and everything, but I just think
it's -- for what we're going through with our building
program and our planning long-term and all that, I just think
if we just go through one more year with these guys on a
year-to-year basis, and then take a look at the long-term
plan.
COMMISSIONER WILLIAMS: I tend to agree with
Commissioner Baldwin. I think they're not even going to be
in the building until '04. Here we are in '03, and we're
locking it up for five years to '09. So, the first year
they're going to be in the building is '05, and I'd be
willing to go along with '05 and '06, but not all the way out
to '09.
COMMISSIONER LETZ: I think we're losing
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support quickly for this one. I mean, I -- I can see what
both Commissioner Baldwin and Williams are saying, but at the
same time, I mean, I think from a planning standpoint, I'd
hate for us -- because of our inaction, for them to look for
another venue, which they need to plan. I mean, I've -- to
people that put on these shows, a year goes by pretty quick.
And, you know, I think that we need to try to -- when we have
somebody who wants to use our facility, we need to try to
encourage them to use our facility. And when they want to
pay, it's even better. So, to me, maybe the best thing to do
at this time would be to ask y'all to come back in a couple
of months, 'cause I think in the next couple months we're
going to have an idea of where we're going on the facility,
and that will resolve some of the questions on construction
out there. And I think that will probably give you enough --
I mean, certainly, you're committed for the '04, and maybe we
can ask the scheduling to not commit, but pencil you in for
the next couple years, the first weekend in February, and
then we can address it in a couple of months.
MR. ROESCH: I will jump through whatever
hoops you need me to jump through to get this done, but I
respectfully request that -- you know, we are planning to
start our marketing efforts for the 2004 show in June, you
know, and it would be helpful if we at least would be able to
also tell them that in 2005, it will be the first weekend. I
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mean, I'm coming very much your way. Maybe -- also,
Commissioner Williams was suggesting 2005 and 2006. You
know, if at least, say, the first two years of the request
would be granted, that would be very helpful. That way, at
least when we start our efforts now, we can already tell
them, okay, these are the next two events.
COMMISSIONER BALDWIN: I move for approval for
the next two years.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion's been made and seconded
that the Court approve
COMMISSIONER WILLIAMS: '05-'06.
COMMISSIONER BALDWIN: Yeah, two years.
MR. ROESCH: So, 2005 and 2006?
JUDGE TINLEY: For 2005-2006, motion made by
Commissioner Baldwin, seconded by Commissioner Williams.
Point of clarification. Let me inquire, is that subject to
the contractual provisions that we talked about?
COMMISSIONER BALDWIN: Yes, it is.
JUDGE TINLEY: More than --
COMMISSIONER BALDWIN: There's two items.
JUDGE TINLEY: -- twelve months out is subject
to a future rate structure, and secondly, it's subject to --
COMMISSIONER BALDWIN: Construction.
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JUDGE TINLEY: -- construction -- use or
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nonavailability because of construction activity.
COMMISSIONER BALDWIN: Just one more question.
What if we're under construction? What are you going to do?
I mean, it's obvious that you -- y'all can't hold this
function without us, so what are you going to do if we're
under construction?
MR. ROESCH: If you're under construction,
then we need to look for alternate event -- you know, there
is --
COMMISSIONER BALDWIN: Well, I was just
wondering, okay.
MR. ROESCH: You know, there's other events --
other similar facilities in Gillespie County, in surrounding
counties. I would like to be here, 'cause this is our home
county.
JUDGE TINLEY: We'd like for you to be here.
Any further questions?
COMMISSIONER BALDWIN: My motion included
those two issues.
JUDGE TINLEY: Okay. All in favor of the
motion as made and seconded, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
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JUDGE TINLEY: Thank you very much --
MR. ROESCH: Thank you, gentlemen.
JUDGE TINLEY: -- for being here. Next item
on the agenda is consider clarifying the definition of a
"road," quote, unquote, as discussed in Kerr County
Subdivision Rules and Regulations.
MR. JOHNSTON: May sound peculiar, but this
is -- this is a -- in the Subdivision Rules, the definition
of a road determines, in some cases, whether or not a tract
of land is subject to the Subdivision Rules or not. Section
1.02.C is the key -- key paragraph. It talks about streets
and alleys and -- legislative talk, and means a road that's
existing. Roads in Kerr County Subdivision Rules are defined
in Section 2 and Section 7 of the -- of the rules, and
specifically, Section 7.06.14 shows the different
classifications of roads. I think in the past there's been
many definitions of what constitutes a road, in terms of
people getting variances or not having to plat a plan to a
subdivision, and each one we agonize over. I think we ought
to have a definition that -- you know, it's written out, and
say this -- this is what we expect, and not just whether or
not it's a ranch road or a trail or a -- you know, whatever
people are claiming it meets the requirement.
COMMISSIONER LETZ: Can I make a comment,
Judge? First of all, I think it's really -- we need to defer
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much discussion on this until the next time, you know, until
we talk about overall -- overall, the rules, which will be in
the next couple of weeks. I'll be meeting with Franklin and
Leonard. But I really wanted to hear what Franklin had to
say; I wanted to understand where he was coming from on this
point. Section 1.02 is the law. That's the Legislature. We
can't change that. That is -- I mean, that's --
MR. JOHNSTON: We can't change it, but we can
clarify what -- you know, what we expect.
COMMISSIONER LETZ: But it's -- that is not
talking about roads. That's talking about space dedicated
for public use. It's talking about right-of-way. It's
talking -- I mean, it's not talking about a road, 'cause it
clearly says squares, parks, or other parts of a tract. So,
I mean, that's not -- you can't -- we may want to try to
better define "road" for us, but Part C of 1.02 is not
talking about roads; it's talking about space for public use,
and that's something that's by the Legislature.
MR. JOHNSTON: See, that's interpretation. I
think where it talks about streets and alleys, I think
it's -- in the county terminology, that's a road. And --
COMMISSIONER LETZ: Not what it says.
MR. JOHNSTON: -- in the following sections,
it gives the exceptions. It all refers back to that. In
other words, you have to have access to one of those things
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before you can give them an exception to the platting
process.
COMMISSIONER LETZ: Well, anyway, I think
it's -- again, this comes back to -- we need to discuss it at
a workshop setting with overall intent. I -- I don't see how
-- I mean, I --
MR. JOHNSTON: I think that's the way --
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COMMISSIONER LETZ: It's a different intent.
Maybe we need to get the County Attorney in here to -- to
discuss that point as to what C means, because the way I read
it, it's not roads.
JUDGE TINLEY: There have been a number of
questions come up about the Subdivision Rules and
Regulations. I think you've indicated that there are a
number of issues that are starting to stack up that need to
be addressed in connection with those rules. Maybe we ought
to consider having a workshop to deal with this and other
issues that are on the table concerning that.
COMMISSIONER LETZ: I have a stack. I will
get with Franklin, and I tend to work with him on the
Subdivision Rules, or have in the past. And then, at our
next meeting, we'll set a workshop.
COMMISSIONER BALDWIN: I remember years ago,
we got into defining "subdivision," and it took weeks and
gnashing of teeth and departed friendships and all that
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trying to get that done. I hope this is -- sounds simple; I
hope it doesn't come to that. But I'm real curious what --
what triggered this. I mean, what -- how did you get up one
morning and not understand what a road was?
MR. JOHNSTON: We get a lot -- we get a lot of
questions out there from people calling in, saying "what if."
You know, what if?
COMMISSIONER BALDWIN: Mm-hmm.
MR. JOHNSTON: And we go in and do a lot of
research sometimes trying to figure out, you know, what
they're talking about. In my way of thinking, this section
is, you know, road defined by committee. It's very vague
and, you know, no one seems to know. I want something that's
specific so we can tell people, "This is what we're talking
about."
COMMISSIONER BALDWIN: And I see your
suggestions in the back that you have three different
categories; state highway, county-maintained road, and
county --
MR. JOHNSTON: I think the whole emphasis of
the Subdivision Rules is to provide an adequate road for
people that own property for access, for emergency vehicles
to get there, and that a -- a road that's substandard, that
the County doesn't have to come in later and rebuild at the
taxpayers' expense for some private developer or private
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property owner to -- in order to sell, subsidizing their
sale.
COMMISSIONER BALDWIN: Mm-hmm. Sounds
reasonable to me.
COMMISSIONER LETZ: I think it's a -- believe
it or not, the state law allows for great discussion on --
'cause it's pretty vague in places. And I -- you know, how
you interpret different parts of state law and Section 232,
and --
(Discussion off the record.)
COMMISSIONER LETZ: It's a strange day when
I'm exited about Subdivision Rules and state law related to
them, but it is -- it's intriguing.
COMMISSIONER WILLIAMS: Intriguing?
COMMISSIONER LETZ: You spend as much time as
I have on these rules, you'd find it intriguing as well.
COMMISSIONER WILLIAMS: I'm just wondering why
it's so intriguing.
JUDGE TINLEY: Commissioner Baldwin doesn't
want to participate in party friendships.
COMMISSIONER BALDWIN: I care about you guys.
Deeply.
COMMISSIONER LETZ: Anyway, let's put this --
deal with this in a workshop. I'll get with you, Franklin;
we'll set up a --
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(Discussion off the record.)
JUDGE TINLEY: Any member of the Court have
anything further on Item 1.3? We'll move forward to 1.4,
consider a variance for utilities and final plat for Reserve
of Falling Water in Precinct 3.
COMMISSIONER LETZ: Just a brief comment
before I turn this over to the County Engineer and
Mr. Crenwelge. We're getting real close, it appears to me.
We've looked at this quite a few times. I think it's a very
nice subdivision going in in eastern Kerr County, and I think
we've come a long way. I'll turn it over to Franklin. I
think we -- it appears we may be close enough to approve this
today, but I'm not positive.
MR. JOHNSTON: You granted some minor
variances a couple weeks ago, and I think there may be one
more -- I think we have it on the agenda request to request a
minor variance for utilities. Dale might want to explain
that.
MR. CRENWELGE: All utilities are underground.
Because of the terrain, it's difficult to have the
separation, and there may be an area or two, or maybe a lot
of the area we need to put some of the utilities underneath
some of the roads.
MR. JOHNSTON: We decided last week, in a
meeting with the engineer that's developing the utilities,
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that we prefer the electrical wiring to be under the road, as
opposed ~o water lines. That was acceptable to everyone
concerned, I think.
COMMISSIONER LETZ: So -- and on the variance
issue, let me go back to the one we did a couple weeks ago on
lot size. I --
MR. JOHNSTON: Lot frontage.
COMMISSIONER LETZ: Lot frontages. Something
was in the back of my mind about that variance, and I looked
at the rules -- our rules. That did not require a variance,
in my opinion. The rule clearly -- our rules clearly allow
for that a little bit in high-density areas, to go with less
than 200 foot. I think it is appropriate for it to come to
court and the Court make that determination, but I really,
technically, don't think it's a variance, 'cause the rules
allow for it in high density. And I would classify this
terrain situation as a high-density development, and those
are viewed on a case-by-case situation. So, that's just a
comment on that variance that we granted previously. So, on
this one, the -- the request is -- this would be a variance,
in my opinion. It's to -- a variance to allow the electrical
lines to be under the road in certain areas.
MR. CRENWELGE: Electrical and telephone.
COMMISSIONER LETZ: Electrical and telephone
in certain areas. And this would be due to the terrain on
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the hills.
MR. JOHNSTON: Right.
COMMISSIONER LETZ: It's a --
COMMISSIONER BALDWIN: How do you -- how do
you -- if you can get the electrical and telephone there, why
can't you get the water there?
MR. CRENWELGE: You have to have 4 foot
separation, and some areas you can only go on one side of the
road 'cause you have a road next to the --
COMMISSIONER BALDWIN: Where is the water
going to go?
MR. CRENWELGE: Water's going to go next to
the road outside the bar ditch. So, our goal is to, you
know, keep the water line outside the ditch -- outside the
bar ditch and outside the road, and it's just tough with a
lot of this terrain. Franklin's been over it several times,
and the engineers have looked at it quite a few times. It's
just tough; you can't get these trenchers -- for water line,
they want 48 inches, and Central Texas wants 48 inches. A
lot of times these trenchers -- they won't take their
trenchers cn the side of a slope if it's probably more than 5
or 6 percent. They weigh 160,000 pounds, big rock trenchers.
COMMISSIONER LETZ: I think -- you know,
obviously, I went through the subdivision some with Dale the
other day, and it is extremely rough terrain, very steep
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roads. And I think the -- when you get in a situation like
this, you know, the -- if we didn't grant the variance, I
think the damage we do is greater, because what you have to
do -- and it goes back to some of the -- like Ms. Hart has a
lot of concern about drainage. The bigger we make these
cuts, the more we increase another problem. So, I mean, it's
just not just an economic issue, in my mind, in some of the
these subdivisions. It is aesthetic, and also a drainage
issue. If we start increasing the road cuts on the sides of
these hills, we're increasing the velocity and the direction
of the flow quite a bit.
COMMISSIONER BALDWIN: Want to say something?
MR. JOHNSTON: That's exactly the reason that
we have variances.
right there.
COMMISSIONER LETZ: Right.
COMMISSIONER BALDWIN: That's exactly it,
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COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded by
COMMISSIONER LETZ: And so, anyway, we
probably ought to handle this in two motions, in my opinion.
Assuming we get -- and I'll make a motion to grant a variance
to put the electric and telephone utility lines under the
roadway where approved by the County Engineer in Falling
Water Reserve Subdivision.
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Commissioners Letz and Nicholson, respectively, that the
Court approve variances to allow for telephone and electrical
utilities to be placed under the roadway in areas approved by
the County Engineer in Falling Water Subdivision in Precinct
3. Any further discussion on this motion? All in favor,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. You had
indicated that there was a second item that you're --
COMMISSIONER LETZ: The other item would be,
are we ready for final p]_at approval?
MR. JOHNSTON: You have a copy of the drainage
study in ycur backup there; it's been provided by an
engineering company in Boerne. We have the letters from
T.N.R.C.C. for the water system, the well and the water
system. Letter of Credit is in the title company. We have a
cover letter in here guaranteeing their -- their providing
it, and -- but they can't actually issue, they said, in this
case until r_he plat's filed. So, they're waiting to get a
number to put on the -- on the thing, and then they'll give
it to us, but it's essentially in the escrow in the title
company right now. And I think all the -- everything is
there.
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COMMISSIONER BALDWIN: Fantastic.
COMMISSIONER LETZ: Only question I had, and
it's -- and I probably shouldn't bring this up; maybe it's
nitpicky. On the letters from T.N.R.C.C., the subdivision
name referred to the Falling Waters.
MR. CRENWELGE: It's -- it's actually called
the Reserve at Falling Water, and the plans show it as the
Reserve at Falling Water, three sets of documents. The
T.C.E.Q. had to approve the water well, had to approve the
booster station, had to approve the distribution system. But
it's -- in the actual copies, it's Reserve at Falling Water.
COMMISSIONER LETZ: And I presume by the I.D.
number --
MR. CRENWELGE: They look at the I.D. number.
MR. JOHNSTON: You're actually extending the
Falling Water, the one where you're adding boosters and all
that.
MR. CRENWELGE: We're connecting the water
systems together.
MR. JOHNSTON: This will have a water system,
but it will be supplied by water at Falling Water.
COMMISSIONER LETZ: The study is in order,
Franklin?
MR. JOHNSTON: Pardon?
COMMISSIONER LETZ: The drainage study is in
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order?
MR. JOHNSTON: Yes. There are some detention
ponds already there that provided the -- all the requirements
that we require.
COMMISSIONER LETZ: I'll move for final plat
approval cf ttie Reserve at Falling Waters.
COMMISSIONER WILLIAMS: Second.
COMMISSIONER NICHOLSON: Second.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: We have three seconds.
COMMISSIONER BALDWIN: That's right.
JUDGE TINLEY: I can just pick and choose
whatever I want. Motion -- motion made and seconded by
Commissioners Letz and Nicholson that we approve final plat
of Falling Water Subdivision in Precinct 3. Any further
discussion or comments? All in favor of the motion, signify
by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry.
MR. CRENWELGE: Thank y'all very much.
CUMMISSIONER LETZ: Good development.
JUDGE TINLEY: 1.5, consider and discuss
authorizing Road and Bridge to haul materials to Red Rose
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Ranch for 4-H project.
COMMISSIONER LETZ: I put this on the agenda.
This is similar to an approval we did several months ago to
authorize Road and Bridge to haul some material out for 4-H
shooting range. That was done. That was some fill material
that came out of -- I believe from K.I.S.D. This is to haul
some road base material, I believe. And I believe -- I mean,
I see a blank look on Leonard's face. I thought Laurinda had
talked to you. I told Laurinda to work out the details; I'd
put it cn the agenda to approve it. Base material. They
want it hauled out at your convenience.
MR. ODOM: Okay. Len Odom. Laurinda had
mentioned base, but when Jack called me the other day --
Friday, I guess it was -- he said it was topping rock.
COMMISSIONER LETZ: It could be. I'm -- it's
material. I put down "materials" on the agenda.
MR. ODOM: My understanding is that Jenschke
was going to do the work and that he was going to haul the
material out to Red Rose. At first I thought it was us
hauling the base material and stockpiling it, but my
understanding is it's -- it's topping rock, is what he needs
for the sealcoat. So, I have no problems either way; I just
need a verification. I would assume that I'm going on
about -- they told me a half a mile by 12 feet wide for
double penetration, so I told them 50 yards each would be
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more than enough to take care of those if that road is that
long; you know, calculations come out as they told me.
COMMISSIONER LETZ: Okay. Well --
MR. ODOM: I have no problem.
COMMISSIONER LETZ: Okay. That being said,
I'll make a motion to authorize Road and Bridge to haul the
material to Red Rose Ranch for 4-H.
COMMISSIONER BALDWIN: And that's all we're
talking about -- second. That's all we're talking about, is
hauling material? We're not taking graders out there and
smoothing things?
MR. ODOM: I don't wish to do that at all.
COMMISSIONER LETZ: No, hauling material.
COMMISSIONER NICHOLSON: Who owns Red Rose
Ranch?
COMMISSIONER LETZ: It's owned by Jack Burch's
wife, I	guess.	And it's	-- but	the County leases	the
facility	on the	ranch for	a 4-H	shooting facility.	We have a
20- or 40-year lease on that. To get to -- this is the road
to that facility.
COMMISSIONER NICHOLSON: Mr. Odom and I have
been looking at other privately owned roads where the owners
had asked us to -- to haul material. They were using it
to -- to upgrade the road. Is this -- and we said no, of
course. Is this clearly different, then?
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COMMISSIONER LETZ: Yes, it's to a County
facility. The 4-H facility is a County-operated facility.
COMMISSIONER WILLIAMS: The road only goes to
that facility?
COMMISSIONER LETZ: And, I mean, I guess --
you said "only." It probably could go other places, but it
goes to the facility, so we're -- and this is the third time
that I'm aware that this Court has authorized County
materials to be used for the construction of this County
facility.
JUDGE TINLEY: Any further questions?
Motion's been made and seconded by Commissioners Letz and
Baldwin, respectively, that the Court approve Road and Bridge
and authorizing Road and Bridge to haul materials to Red Rose
Ranch for 4-H facility out there. All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.}
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Next item
on the agenda is 1.6, consider and discuss revision of Kerr
County Personnel Policy concerning longevity, educational,
merit, ar.d other raises. I put this on the agenda after some
concerns were raised initially by the Sheriff and the County
Treasurer concerning some of the provisions of that policy
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that was adopted, I think, in 2000; is that correct?
SHERIFF HIERHOLZER: Yes.
JUDGE TINLEY: And are now coming to more
fruition, since this is now the -- this current coming budget
year will be the third year for some of these longevity
increases, and that's what prompted this discussion.
SHERIFF HIERHOLZER: If I may, it's easier
just to show you. It's all concerning Paragraph 5 and what's
below that paragraph in the policy that is really kind of
inequitable to -- the whole basis of the policy was to keep
longtime employees, and I believe the very last paragraph in
there states that. But the way that policy's set up with the
one-year ar.d the three-year cost-of-living -- or not
cost-of-living, longevity, and then the three in a row, if
you had an employee here in 2000 when the policy was
adopted -- and especially, like, deputies; they got a raise
due to Nash. They upped that pay scale to -- to try and
compensate for some things, so they got a raise right there.
According to the policy, they don't get another one until
this October, 2003, okay, by longevity is when they would get
their -- their longevity raise.
COMMISSIONER BALDWIN: What is the first
number? I can't read your hen-scratching.
SHERIFF HIERHOLZER: It's hen-scratch.
COMMISSIONER BALDWIN: Zero?
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SHERIFF HIERHOLZER: 2000, when the policy
came into effect.
COMMISSIONER NICHOLSON: October?
SHERIFF HIERHOLZER: October 2000. Now, if we
hired somebody in November or December or January, whatever,
of 2001, the end of -- after October of 2000, and that
person's been here one year, he gets a one-step raise, so
this person that's been here five, ten years or whatever is
now making less than the one that's been here one year due to
the way the policy is. So, it does hamper those that are --
that are long-term employees that should be taken care of.
The other portion of this policy that has -- we found out,
especially this year, that hurts us is, it says you cannot
get more than two raises in one year, an educational and a
longevity. Arid then there -- that's one portion of it. I
think that -- is that Paragraph 2, Pat? Or --
JUDGE TINLEY: No, that's 5 also.
SHERIFF HIERHOLZER: 5 also. And then you
cannot have a raise --
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JUDGE TINLEY: Okay.
SHERIFF HIERHOLZER: Okay. All these raises
JUDGE TINLEY: You misspoke when you said you
cannot get more than two. You cannot get two in one year,
education and/or longevity.
SHERIFF HIERHOLZER: That's correct.
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take effect, the way it's currently set up, in October. If I
have a person that got his advanced certificate in November
of that year, okay, he will not see that step until October
of the following year, so he goes a whole year without that
raise. Then if he was due a longevity here also, he's only
going to get one of the two. He's not going to get that
raise Yie's already been without for a whole year because of
his certificate for another whole year, or he's not going to
get his longevity. Okay? He can't have two. And then, when
you go to that, so maybe he'll get his certificate here; he
won't get his longevity, shouldn't get it until here, so
he'll finally get it here, and he's due for another
certificate here. He won't get that. So, it totally hampers
when they should get it, and it could be two years before
they see the raise that they should have gotten with their
certificate.
COMMISSIONER LETZ: I don't mean to be
laughing, Rusty.
SHERIFF HIERHOLZER: I know, just get after
me.
COMMISSIONER LETZ: I'm laughing because of --
SHERIFF HIERHOLZER: My drawing.
COMMISSIONER LETZ: -- your drawing is not
much help.
SHERIFF HIERHOLZER: It is to me. But what
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I'm -- what I'm talking about -- and my suggestion would
be -- and I met with Barbara and we talked about it, and if
the department heads, in figuring our budgets, figure our
employees' salary like -- like Pat's had us doing, and then,
of course, it all goes back to Barbara to be refigured and
she submits it. But if we -- I can pretty well tell where my
guys are on their educational. I can definitely tell their
anniversary dates. If this County would just adopt a policy
that if you have an anniversary date that gets you in line
for a longevity, the next pay period you ought to see that
increase in your next paycheck. And that can be figured
budget to budget. If I have an educational coming up and
I've got my guys that I know they got so many years of
service, they got so much training already, they'll be due
their educational during this year, I can pretty well figure
when that's going to be and include that in my budget
proposal to make sure the budget lines are -- are covered
each year. And that way it's fair to everybody. If they get
their educational raise, they ought to see it in their next
paycheck; they shouldn't see it two years or a year down the
road. And if they get their longevity for their anniversary,
they aught to see it then.
COMMISSIONER BALDWIN: So, are you saying --
are you saying eliminate the part about you can't get two?
SHERIFF HIERHOLZER: Eliminate --
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COMMISSIONER BALDWIN: Just go ahead and give
them everything?
SHERIFF HIERHOLZER: Eliminate the part you
can't get two in one year.
COMMISSIONER BALDWIN: Uh-huh.
SHERIFF HIERHOLZER: Eliminate the three years
in a row and give it to them when they've earned it, whether
they have it on their anniversary date or their educational
date.
JUDGE TINLEY: Are you also suggesting that we
not plug this in at the beginning of the fiscal year, but
merely plug it in on the pay period next following, for
example, their attainment of an educational stepping stone,
or the one-year or three-year, as the case may be, and do it
on a per-employee basis? If they came to work, for example,
in -- in December, that they wouldn't have to wait until the
second fiscal year following, but rather, the following --
SHERIFF HIERHOLZER: One year, they'd get
their --
JUDGE TINLEY: One year. As to that employee,
it would begin the second pay period in December, for
example?
SHERIFF HIERHOLZER: Right.
JUDGE TINLEY: A year following.
SHERIFF HIERHOLZER: I'm suggesting that, and
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that can be figured as long as we have -- like, this year
Thea gave us what the FICA's going to be and what the
retirement's going to be that we could figure into that, and
then we can figure the salary, and with the step and grade
scale that the County uses, you can figure in the next one.
And, normally, the cost-of-living that the County gives each
year is a 2.5, which is another step right along with that
scale, and you can figure all that in. Now, the only other
portion of this that I feel really needs to be fixed is this
first portion where this guy that's been here 10 years or
whatever is now making less than this guy that's been here
one year because of longevity. I think we need to give the
guy that's been here 10 years -- start him with a one-step on
one year right here in 2000 when the policy was adopted.
That would put him up to that. Then he's due for his other
one this year.
MS. UECKER: Rusty,
going to be making less, minus the
that that person that's been there
SHERIFF HIERHOLZER:
MS. UECKER: Okay.
SHERIFF HIERHOLZER:
COMMISSIONER WILLIA
in to cost-of-living?
SHERIFF HIERHOLZER:
are you saying that he's
cost-of-living increases
10 years has been getting?
Yes.
A lot of my employees --
MS: How does this figure
It doesn`t really figure
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in cost-of-living. It's longevity. But, yes, because that
cost-of-living ups the whole step and grade scale, everybody
starts with a cost-of-living, so cost-of-living has no effect
on it.
the longevity.
COMMISSIONER WILLIAMS: That's right.
SHERIFF HIERHOLZER: Okay. What has effect is
COMMISSIONER NICHOLSON: Seems to me that the
policy set about to encourage people to stick around and
learn their job, perform better, be more productive, and also
set about to encourage the peace officers to get additional
education and reward them for that. And then we came down to
the bottom of it, put this Number 5 in there that says, yeah,
but we don't want you to improve too much. We don't want you
getting too much education, so we're going to -- we're going
to take the reward away in certain cases. I would recommend
that we strike Rule 5, and also recommend that we agree with
Rusty that they ought to get their -- their increase for
their certificate soon after they get the certificate.
JUDGE TINLEY: Rather than have a benchmark
date of the beginning of each fiscal year?
COMMISSIONER LETZ: I conceptually agree on
both points. My only problem in doing anything today is the
budget impact of doing this, both in this year's budget and
next year's budget, and I think we need to delay -- put
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this -- defer this into the budget process.
COMMISSIONER WILLIAMS: I'd like to hear some
input also from Ms. Nemec regarding how it affects personnel.
I'd like to have her position on it.
MS. NEMEC: Thank you, Commissioner Williams.
Ir, working with the longevity increases and educational
increases this year, we did find all these flaws, and of
course, when it was put into effect without really working
with the numbers and seeing how it's going to affect
everything, I don't think that we could have really
envisioned thus far the problems that we're having. But
everything that was presented this morning by the Sheriff is
-- I agree with. We've discussed it, and I do see where
there are some employees that are really not getting what
they have earned by the policy. By the way, the policy is
set. And you know, of course, all the figures that have been
submitted 'nave been submitted on this policy, so if we were
going to do anything different, then we'd have to go back and
refigure everything differently.
COMMISSIONER WILLIAMS: So, are you saying
that -- in agreeing with the Sheriff, you're saying that an
employee, on October 1st of any given year, could receive a
cost-of-living increase, if the Court approves same, all
right, and perhaps one or two months later, that employee
could be or is eligible for a step and grade and would
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receive that increase? Okay.
MS. NEMEC: As far as, like, educational.
COMMISSIONER WILLIAMS: If that employee,
likewise, had an educational certificate to be honored within
that same year, that employee could receive that one as well?
MS. NEMEC: Right. As long as we --
COMMISSIONER WILLIAMS: So, theoretically,
that employee could receive three increases based on
cost-of-living, based on longevity, and based on an
educational achievement within the space of a 12-month period
of time. It's technically possible, correct?
MS. NEMEC: It is. It is. And, actually,
before the Sheriff brought this up to the Judge, I had --
when I started working on the schedule and the position
schedule and everything, I had made a phone call to the Judge
and explained to him that I was seeing some -- some problems
with the policy, so I kind of had already figured that there
was something -- and the Sheriff called me, so we discussed
it, and he had already put it on the agenda.
COMMISSIONER NICHOLSON: To help the elected
officials and department heads in their budgeting, could
we -- if we're going to agree to strike Rule S, could we
agree now to do that and make it effective with the new
budget year?
(Discussion off the record.)
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COMMISSIONER LETZ: We can certainly do that,
but we could also direct the Judge -- or ask the Judge,
whatever, through the budget process to act as if it's been
done; then we can make that decision. I mean, it could be a
pretty tight budget year, and I think it very well may be,
and I hate to make a big consequence in our budget until we
know how much money we're going to have to work with. You
know, and it may affect a lot -- a lot of these things. But
I think that we clearly need to figure out how to fix the
problem, whether it's done in one year or two years, or
figure out how to phase it in. So, I think it's a -- you
know, it would make sense to me to -- for the Judge to direct
all the elected officials and department heads, you know, to
make some assumptions based on what, you know, the Court may
or may not do.
JUDGE TINLEY: Well, under those
circumstances, I would need for the Treasurer, as the
personnel and payroll officer, to give me the benefit of that
information. Certainly, I -- I'll work off whatever
information I'm given, depending upon how the Court wants to
look at it, but I -- I'd be real concerned -- just for the
rest of this budget year, things are not in probably the best
shape that they need to be. I'd be real reluctant to even
adopt ar.y policy that might affect any portion of this
current budget year. That -- that would be a concern. I
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would also note that Judge Vance Elliott has filled out a
participation form to speak on this item. Before we get too
far down the road, I'd like to give him the opportunity to
speak.
COMMISSIONER BALDWIN: Judge, may I make a
comment before --
JUDGE TINLEY: Sure.
COMMISSIONER BALDWIN: -- before the good
judge comes up? I agree that we should not impact this
budget that we're in right now, and I don't -- I don't know
if it does or not. You know, we have an agenda item here
with 40 or 50 pages in it that are 100 percent something that
we have done, that we've already done. And I know what we
did. And I voted against this program, by the way. But I
want to see something on what you want us to do, and I want
to see it in writing. Just like -- I mean, I don't want 50
pages, but I want it in writing to -- to know so we'll all be
on the exact same page and know exactly what you're saying.
We certainly can't read your handwriting. (Laughter.) So,
maybe --
SHERIFF HIERHOLZER: I'll get the Judge to
type it, Commissioner.
COMMISSIONER BALDWIN: Get someone to type it
for you; probably couldn't read your typing either. But, you
know, to lay out the plan, and I just think that would be --
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there's some wisdom in that. And that's all. I just -- I'm
-- I don't think we -- we need to be adopting any kind of
policy right now that -- with the possibility of affecting
the -- and my other question is, are we talking law
enforcement only?
MS. NEMEC: No.
COMMISSIONER BALDWIN: Good.
MS. NEMEC: No, this affects the other
employees also.
SHERIFF HIERHOLZER: The longevity would
affect everybody. The educational is mainly law enforcement.
And what I'm -- what I'm asking, in a nutshell, is -- is -- I
think everybody and all elected officials would agree that
this current budget we're in right now, this is not what
we're looking at here. It's not what I'm looking at. It's
in preparing for next year's budget, to make it equitable to
everybody involved. And, in a nutshell -- and, Commissioner
Baldwin, I will get you something in writing, but what we're
asking is that the two raises in one year be stricken out of
here, okay, being the educational -- the three raises, where
you can't have three in three consecutive years be stricken
out of this, and that you go back to your anniversary dates,
whether it's educational or whether it's longevity, to
receive the raise.
MS. NEMEC: That's where it's going to affect
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the other employees that are not law enforcement, 'cause that
SHERIFF HIERHOLZER: No, it's for -- yeah,
next year.
COMMISSIONER WILLIAMS: It's a budget matter.
(Discussion off the record.)
JUDGE TINLEY: I'm going to get to you, Judge.
Come forward, please.
JUDGE ELLIOTT: I could really simplify this
for the rest of the employees. For example, when I hired my
court coordinator, her effective date was January 2003. So,
I received the request from Barbara to project for my budget
next year. So then I would say, okay, she is eligible for a
longevity -- one-year longevity increase effective
January 2004. So, what I would do is simply budget her
current step for October, November, and December, and Step 2
grade from January, when she would receive her annual,
through the end of the next budget year. This can easily be
done, and it's just all I want to address. As far as the
other -- the issues about education and those things that the
Sheriff has to -- to introduce to you, if that's a little
complicated, what I do want to suggest is this one is real
simple; is just allow the employees to receive their one-year
longevity on their anniversary date, contingent on the
elected official or department head submitting that in the
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budget year.
COMMISSIONER BALDWIN: Hear, hear.
JUDGE ELLIOTT: In other words, don't come
back, you know, later and say, "Hey, my employee hit one
year. Where's my raise?" Well, you didn't budget for that,
elected official. And that's very simple. But for me to sit
here and be able to, obviously, calculate three months at her
current step and the other nine months at her new step for
the next budget year, you've got plenty of notice of that. I
think that's a pretty simple process, and it should be
implemented to reward employees on their anniversary date, as
in all private businesses, when they give a person an
increase on their anniversary, it's on their anniversary, not
some next fiscal budget year deadline.
COMMISSIONER BALDWIN: I agree with you,
16 Judge.
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JUDGE ELLIOTT: Thank you.
COMMISSIONER WILLIAMS: Thank you for
clarifying and simplifying.
MS. NEMEC: I have one other question that
came up that I would like to offer for consideration. I
don't recall what the policy -- and it doesn't state in the
policy and I don't recall what the discussion was on
longevity for elected officials, but I did not include any
elected officials in the longevity figures. And then it was
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brought to my attention that, "Why were the elected officials
not included?" So, anyway, my question to you is, that's
something that we need to discuss and see if they were
originally supposed to be included. And a problem that I
have found by not including them is that we have an employee
who is making -- will be making $3 less than an elected
official because of the longevity, and so that's just for
your info.
COMMISSIONER LETZ: To follow up a little bit
what Commissioner Baldwin said, you know, I'm voting on -- or
not voting. I think if, you know, the Judge or Barbara or
whoever can come up with the actual policy that's being
recommended and bring that back to the Court, then we can
look at the full policy, as opposed -- and, you know, as
opposed to having it done through memorandums, the way it was
last time. That would, I think, help everyone. And my other
comment is, there are other elected officials here. Do any
of them want to make a comment?
JUDGE ELLIOTT: I would like for the
COMMISSIONER LETZ: Other. Other.
JUDGE ELLIOTT: I understand. By god, I put
in my paperwork, okay? Yeah. I just request that the
Commissioners Court at least vote on the longevity, one
year -- the one-year longevity increase to be awarded on the
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anniversary date of the employee, if the elected official or
department head submits it in their budget for the next year.
That's what I'm asking; at least take care of that today.
What we could do is, we have plenty of time before the June
6th deadline to get that -- get that budget back to you.
MS. NEMEC: That would also be for -- for
whichever, not just the one-year.
JUDGE ELLIOTT: I'm asking for you to at least
clarify the one-year.
COMMISSIONER BALDWIN: In order -- in order
for them to present to the Judge a budget and the right
figures to be in it, he's right.
COMMISSIONER WILLIAMS: What's the budgetary
impact this year, county-wide?
COMMISSIONER LETZ: I mean, if we do it
effective now, it will have an impact. I don't know why --
ycu know, Judge or us, if we have to, you know, make a -- or
pass an order to direct Barbara to come up with these
numbers, we can do that, but I think she can do that on her
own.
JUDGE ELLIOTT: But it could become -- I'm
saying for the order to be passed today, it would be
effective the next fiscal budget year. You can do that
today.
COMMISSIONER LETZ: We can do it today, but
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I'd rather do it on the policy so we don't have more than one
page floating around with our policy.
MS. NEMEC: Okay, I have a suggestion. You
have the figures -- I've given everyone the figures, what it
takes to implement this policy, and I think I -- I know
exactly what needs to be changed to meet the needs of
everything that we discussed. I can -- I can rewrite the
policy as to what we discussed today, and then along with
that, attach the new figures that it would take to implement
that policy, and then you can decide from there. Would y'all
like me to do that?
COMMISSIONER WILLIAMS: That's more workable.
COMMISSIONER BALDWIN: I think that's very
nice. I mean, I'm not going to vote on anything without it,
I can tell you that.
MS. NEMEC: Okay. Let me do that, then. And
I still have the question on the elected officials.
COMMISSIONER NICHOLSON: On a related subject,
I want to express my concern about the compensation levels of
our lowest-paid employees. I understand that some of our --
that some of our lowest-paid employees qualify for public
assistance. That doesn't feel right to me. I think the
County has ar. obligation to pay its employees well enough
that they don't qualify for public assistance.
COMMISSIONER WILLIAMS: I agree with you 100
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percent.
COMMISSIONER NICHOLSON: I'm just bringing it
up now so that we can be thinking about it. I know it will
probably have at least some, if not significant, impact on
the budget. And we need some -- in order to consider that
more fully, we need some additional information, and I recall
that Dr. Blackburn talked about this about a year ago, about
our hourglass economy, so I'm going to ask Dr. Blackburn --
or maybe Thea's got that report that he made. But, anyhow,
I'm going to want to talk about that in the budget process.
COMMISSIONER BALDWIN: Excellent.
JUDGE TINLEY: Do we have any other elected
cfficials or department heads that wish to be heard on this
personnel pay issue that's before us now? Ms. Pieper?
MS. PIEPER: Everything that's been said is my
thoughts exactly. I have two employees that basically had to
wait two years to get their first anniversary increase.
MS. RECTOR: So did I.
MS. UECKER: The only question I might have
is, I disagree with the Judge's statement that the increase
should be effective on the anniversary date contingent on the
elected official turning it in. That should not be our
responsibility, I don't think.
COMMISSIONER WILLIAMS: Why not?
JUDGE ELLIOTT: Sure, it should.
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COMMISSIONER WILLIAMS: Why not?
COMMISSIONER BALDWIN: Absolutely, it's your
responsibility.
JUDGE ELLIOTT: We submit the budget.
MS. UECKER: I know, yeah, we should put it in
the budget, but I don't think that it should be left out if
we don't. I mean, that -- Barbara works with those figures,
and, you know, she knows as well as anybody what those dates
are.
JUDGE ELLIOTT: I tell Barbara -- what would
happen is the elected official puts it in the budget. When
it comes up for that anniversary date, Barbara would confirm,
yes, this is their anniversary. But it's not her job -- it's
not her job to submit it and get it put in.
MS. UECKER: That's different. That's fine.
COMMISSIONER NICHOLSON: Too much detail.
JUDGE TINLEY: Any other elected official or
department head have any input at this time on this
particular matter?
MR. PICKENS: Bobby Pickens, Constable,
Precinct 1. Being a former county employee in a different
county, we had the longevity and the education merit that
Sheriff Hierholzer is requesting. I can see it from both
ways. And I'm in agreement with all the other elected
officials. I feel, like Mr. Nicholson said, if you were
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looking at the longevity, the education pay, that's merit
that's being required by the State of Texas; not just law
enforcement people, but as far as County Clerk, District
Clerk and all. You'll be able to keep your people here that
want to stay here and keep the morale up. I'm in favor of
what they're requesting. As long as you keep that going, you
keep the morale up, your people are going to want to stay
here and keep their family here. If they can go off to
another agency or another county, say, "We'll pay you for
this, this, and this," they're going to get up and leave.
MR. BALLARD: Well, we've been threatened with
MR. PICKENS: I understand.
COMMISSIONER BALDWIN: And we've done
everything that we car. possibly do to meet those needs, and
we will continue to do so. And I hope we don't hear that
threat this year.
MR. PICKENS: I'm not making a threat. I'm
just saying I'm seeing it from both ways. And being on
that --
JUDGE ELLIOTT: Because, you see, all of
Constable Pickens' employees may get up and leave if this is
not passed.
COMMISSIONER BALDWIN: We're talking mass
exodus here.
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JUDGE ELLIOTT: Yeah, right.
JUDGE TINLEY: Thank you. Is there a motion
to be made on this item from any member of the Court? Being
none, we will move on. I think, at this point in time, it
would be appropriate to take a short recess. We'll be in
recess until 20 minutes before the hour.
(Recess taken from 10:32 a.m. to 10:40 a.m.)
JUDGE TINLEY: Okay. I'll call the meeting
back to order after our recess. We will resume our May 27th
meeting. Next item is 1.7, consider and discuss authorizing
Sheriff's Office to apply for a SWALM Foundation grant to
fund high-speed notification system. I assume the Sheriff
will tell us what SWALM stands for.
SHERIFF HIERHOLZER: It's a private foundation
grant along the same lines as, like, the Peterson Foundation.
They pay 100 percent; it's just not located locally, but you
can apply for them. It's one of these in just our going out
trying to search grants that would fit this type of program,
that we would try and apply for this is one that we found.
COMMISSIONER BALDWIN: What is the high-speed
notification system? That's really the question.
SHERIFF HIERHOLZER: What that is,
Commissioner, is in this grant, it would be 24 phone lines
that come into the Sheriff's Office into a computer system
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that anything can be programmed into to do a high-speed
notification of residents or citizens of the county. It is
used in a number of other counties in other states at this
time to notify for such things, if you have -- an example
would be a bank robbery at one of your banks. You set this
up where -- where your bankers and your bank organizations in
your county would send in their information. There's a form
that they fill out; they send it in. That number's
programmed into that computer, and if there's a bank robbery,
a person can program it to leave a message that there has
been a bank robbery; we're, you know, currently looking for a
subject described as this, driving this. And you -- it will
automatically notify every bank in your area in your county
that that's what's going on. It automatically dials the
phone acid calls.
You can do the same thing in a flood
situation; we've had, you know, 10 inches of rain in the
Headwaters of the Guadalupe River, and you can notify
everybody downstream automatically by phone. If you're
searching for a lost child is one of the big times that it's
used. And if you have a young kid who doesn't show up from
school after school's out, maybe they just went to a
friend's house to visit, but nobody knows. Mama's reporting
him possibly kidnapped or whatever, and this will notify
that group in that area of anything you have going on
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automatically.
COMMISSIONER BALDWIN: Is this a Rusty Alert,
like the Amber Alert? We going to call it the "Rusty Alert"?
SHERIFF HIERHOLZER: No, don't call it the
Rusty Alert. It's just a county-wide deal. In our capital
murder, okay, that we had last month, we had a lot of
concerned citizens that -- we were all working the scene;
they were concerned, trying to call Letz and trying to call
everybody, find out what's going on. Do they need to -- are
we going to have a manhunt in that area? Do they need to be
afraid of anything in their area? And this type of system
would allow automatic notification of any significant event
going on in that area or county-wide, however you program the
computer, get that programmed into there.
COMMISSIONER NICHOLSON: Rusty, does that mean
that if we've got a rapidly rising river, that every phone in
the county's going to get a message?
SHERIFF HIERHOLZER: No, you set it up in
groups. You can set it up, you know, by the area or the
people in it. If it's everybody along the river, when you
send out the form for them to fill out, you can have that
they -- they want to be notified in case of the river rising;
that they live at such-and-such place and need automatic
notification, especially if it's 2 o'clock in the morning,
which most of them end up being, okay, that it notifies that
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whole group. Or you can set it to notify county-wide anybody
you have in that system, okay, that you've programmed in.
COMMISSIONER LETZ: Rusty, couple of
questions -- are you finished, Dave?
COMMISSIONER NICHOLSON: Yeah, for now.
COMMISSIONER LETZ: One, is it one phone line,
or does it go simultaneously to multiple phone lines?
SHERIFF HIERHOLZER: 24 phone lines.
COMMISSIONER LETZ: 24 phone lines? Okay.
The grant, what does it cover? And what I'm talking about
is, you have 24 phone lines which you have to pay for.
SHERIFF HIERHOLZER: Right.
COMMISSIONER LETZ: Then we also have this
system, and I think it's a neat system, but it's only going
to be as good as the data we put into it. How much is that
going to cost, and where is that money coming from?
SHERIFF HIERHOLZER: Okay. The grant is
covering the total initial setup; the computer, the phone
lines, installation and anything like that, copying the
forms, getting forms mailed out or handed out or distributed
to people. You know, it's going to be through, like,
community groups or -- or subdivision/homeowners'
associations, things like that, where we hand out part of our
crime prevention stuff, to hand out those forms and get them
distributed. And I think once it -- once it's discovered,
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people will also be requesting the forms so they can get
notified in certain events and that kind of stuff. The
reoccurring costs after the first year are the monthly phone
bill, okay, which is just the hookup fee itself; it's not
long distance on there, but that would be what we would have
to absorb after that. After the first year, we'll have to
absorb that in the budget.
COMMISSIONER LETZ: It seems to me that it's a
-- having cards go out and trying to update information is a
lot of work. Isn't there a way just to work with 911 or
phone companies or someone to do it geographically? Just
have either -- and if you could go by precinct; I mean, not
Precinct 3. I mean the small precinct numbers. And -- you
know, which would give pretty good coverage, it seems, of the
county, ~r something like that that doesn't require so much
paperwork and inputting and all that stuff.
SHERIFF HIERHOLZER: That is probably very
possible. Since we're not at that stage yet, I really
couldn't tell you.
COMMISSIONER LETZ: I think it's something
that -- you know, the maintenance of it is my big concern.
COMMISSIONER WILLIAMS: Is this 24 phone lines
in addition to what the Sheriff's Department has now?
SHERIFF HIERHOLZER: Yes. Yes, this would
not -- right now, we have -- I think we have about 25 phone
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lines coming into the Sheriff's Office, and we still get at
times a busy signal where you can't get out because they are
being used. And this is totally in addition to anything that
we have currently.
COMMISSIONER LETZ: Could the -- could the 25
or the 24 lines be used for other things, some sort of a
switching system, so when you need to use it, all of a sudden
everyone else is blocked off of it?
SHERIFF HIERHOLZER: I really don't know if it
could be hooked up that way or not.
COMMISSIONER WILLIAMS: What's the cost of
this?
SHERIFF HIERHOLZER: $52,000.
JUDGE TINLEY: Do you have an estimate of the
ongoing costs of keeping the system operational and whatever
other activities you need in order to make --
SHERIFF HIERHOLZER: Our base telephone line
fee for 25 lines is about a thousand a month, so you're
talking about $12,000 a year.
COMMISSIONER WILLIAMS: Plus whatever manpower
you have to -- to devote to keep your database up.
SHERIFF HIERHOLZER: Right. Which I don't
anticipate would be any -- I'm hoping, like Commissioner Letz
said, we can absorb some of that from 911. If we can get
through some of the technical, legal releases part of that,
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them releasing that type information to us for that system,
where we would do it through our dispatch, since our dispatch
is just entering stuff into that system.
COMMISSIONER LETZ: Is there -- on the 25
phone lines or 24 phone lines, I presume that's to allow a
certain penetration in a certain amount of time. Is there a
way -- and this is just a question. Is there a way possibly
to maybe get 12 new phone lines, and then have the phone
company set up a switching system so they could block out --
when you need to use this, which would be fairly rare, I
hope, and I think it wouldn't be that often, is all of a
sudden, 12 of your existing lines could be blocked out and
use part of those lines, and you'll just be with a reduced
phone capacity for a short period of time while these calls
are being made?
SHERIFF HIERHOLZER: I would hate to try and
do that, because anytime we have something major like that,
our normal phone lines are going, you know, nuts about that
time too, and we'll get extremely busy. So, I would rather
we stay -- and the company recommended -- DCC's rep has
recommended that in a county our size, the population we
have, is that you start out with 24 phone lines. Or that is
what you -- 'cause if you figure each phone call is 30
seconds to one minute, okay, per automatic phone call, it's
going to take a while even to where we get through a large
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group of people.
COMMISSIONER WILLIAMS: Move approval of the
request -- application.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded that
the Court approve the Sheriff -- authorizing the Sheriff to
apply for SWALM Foundation grant to fund the purchase of
high-speed notification system. Any further questions or
discussion?
COMMISSIONER BALDWIN: I just want to make a
comment. That 5,200 --
COMMISSIONER LETZ: Thousand.
SHERIFF HIERHOLZER: $52,000.
COMMISSIONER BALDWIN: $52,000 startup and
operating for a while?
SHERIFF HIERHOLZER: We're actually asking
$62,000 to cover the other part for the hookups.
COMMISSIONER BALDWIN: And is that -- and
then, next year or the year after, we don't get the grant.
Then the County picks up how much? And I heard that kind of
a question earlier, but --
SHERIFF HIERHOLZER: Our base cost right now
for our phone lines is about a thousand a month, so it would
be about $12,000 a year in phone line costs.
COMMISSIONER LETZ: The comment I have -- I
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mean, I'm in favor of going out for the grant, but before we
accept it, we need to have a little more -- I need a little
more clarification as to some of these questions on phone
lines, exactly what that charge is going to be. Maybe we can
get some kind of a break on -- you know, because these phone
lines aren't going to be used that often. Maybe -- I mean,
once or twice a year at most, it seems to me.
SHERIFF HIERHOLZER: Probably be used a little
more than that, but it -- I agree with you; maybe we can,
'cause it's only going to be -- it's a total public service,
and it's only outgoing calls, not incoming calls. It's
computer -- dialed by the computer.
COMMISSIONER LETZ: I think some of the issues
on that, because the ongoing cost is a concern to me as well,
that we need to work that out before we accept the grant.
And the fact that we receive it -- my sense of this -- does
not mean -- that means we're applying for it. We're not
accepting it.
discussion?
SHERIFF HIERHOLZER: Right.
JUDGE TINLEY: Any further questions or
COMMISSIONER NICHOLSON: With some creative
ideas, maybe we could figure some conjunctive use for it.
Telemarketing business --
SHERIFF HIERHOLZER: No.
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COMMISSIONER NICHOLSON: Lease lines
commercially. I hate to see them sit there, $12,000 a year,
and use it twice a year, but maybe that's not impossible to
use them for some other conjunctive purpose.
JUDGE TINLEY: Any further questions or
discussion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion carries. I've -- I've
got a note that Judge O'Dell wanted to address the Court on
an item, and I'm not sure whether it's on the current item or
the upcoming item or exactly what it is.
JUDGE O'DELL: It's on repairing my computer.
JUDGE TINLEY: I see. Well --
COMMISSIONER LETZ: Must be a budget
amendment.
JUDGE TINLEY: Does that have -- does that
have to do with a budget amendment that's --
JUDGE O'DELL: No. I have $300 in my budget,
$200 for Equipment Maintenance and $100 Miscellaneous, and
it's going to cost approximately $289 to replace my hard
drive. And Shaun has looked at it approximately a week and a
half ago, and he said he doesn't know what's wrong with it
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and he had to go research it and he would be back. And, once
again, he's not come back, sir. And I can't -- I can't
operate.
COMMISSIONER LETZ: I think -- I mean, it's
not a budget amendment, but I think we have a fund set up,
and Tommy can do a transfer through emergency purchases. I'd
recommend you get Tommy to do that, and then we can do a
budget amendment at our next meeting. I mean, our policy has
pretty much been that we will -- you know, if a computer goes
down, we fix it.
JUDGE O'DELL: Okay. So, do I have to wait,
Commissioner? Or --
COMMISSIONER LETZ: You need to talk to Tommy.
JUDGE O'DELL: Okay.
JUDGE TINLEY: He has a fund available for --
for things of that nature, is my understanding.
COMMISSIONER LETZ: Contingency.
COMMISSIONER BALDWIN: You want us to do this
today? Tommy's sick and not here. Isn't that -- so you can
talk to Thea.
JUDGE O'DELL: Pardon me?
COMMISSIONER BALDWIN: Talk to Thea.
JUDGE O'DELL: Okay.
COMMISSIONER BALDWIN: She's got the money.
COMMISSIONER LETZ: The answer is yes, you can
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do what you need to do to get it fixed. And I don't know
exactly which funds. As long as we have money in that budget
line item.
COMMISSIONER WILLIAMS: Well, isn't it,
seriously, just a budget -~- it's a budget item. If she needs
to have it fixed, she needs to have it fixed. And when it
comes time to pay for it, ~ae'11 do the necessary transfer to
get it done.
JUDGE O'DELL: Thank you.
JUDGE TINLEY: Okay. Next item, consider
Mutual Aid Agreement for Multi-Jurisdictional Special
Operations Unit and authorize County Judge to sign same.
Mr. Motley? You ready on the Mutual Aid Agreement for
Multi-Jurisdictional Special Ops Unit?
MR. MOTLEY: The Special Operations Unit is
something that's basically, I guess, sort of created maybe at
the -- at the wish of the Kerrville Police Department, but it
is -- it's a special unit made up of persons who volunteer
for the participation in the unit, and they're paid for their
time by the different agencies involved. The City of
Kerrville, City of Fredericksburg, Kerr County, and Kendall
County are the four agencies that are involved. You know,
you get a barricaded suspect, any sort of unusual law
enforcement situation, we have a specially-trained team of
people. The Mutual Aid Agreement that's come in -- and it's
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basically okay. There were a couple of areas that the
Sheriff read through and had -- I guess you would call them
some technical questions about. And I spoke with the
Assistant City Attorney, and she suggested that we can handle
those items by a memorandum agreement, and can do that
after-the-fact.
What I was going to suggest might be the
Commissioners Court allow Judge Tinley to sign off on the
agreement whenever we get an okay by Rusty or myself, and
I'm going to talk a little bit more with the City Attorney's
office about a couple of questions we had with some
budgeting questions about how this is to be paid for and
such as that. Right now, I as I understand it, the costs
are totally absorbed within this year's budget to be in
keeping with previous budcet items. It's just one of the
deputies that is on the unit, and I think the Sheriff's
Department paid for the s~>ecialized equipment that was
necessary for them to be involved in this Special Operations
Unit. But I think the agreement is pretty good. There's,
as I said, a couple technical questions I think need to be
resolved before we sign it=, or we need to have a very clear
understanding that a memorandum agreement will be
forthcoming before we sign it, something to that effect.
But I think the agreement's okay, pretty much. Do y'all
have any questions about .it?
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COMMISSIONER BALDWIN: I do. This is the City
of Kerrville's Special Ops?
MR. MOTLEY: Well, it's a Multi-Jurisdictional
Special Operations Unit. I think --
has one.
COMMISSIONER BALDWIN: Never heard of it.
MR. MOTLEY: Well, this --
COMMISSIONER BALDWIN: I understand the City
MR. MOTLEY: Well, it's really -- it's really
-- it's really not -- I mean, the City has something else.
COMMISSIONER BALDWIN: And the --
MR. MOTLEY: Rusty might be able to tell you a
little bit more about that:.
COMMISSIONER BALDWIN: Kerr County taxpayers
participate in it financially?
MR. MOTLEY: Well, when you say "financially,"
the officer who's -- who participates in it, in the event
they're called out, that officer would be paid ordinary time
that they're paid for being an officer.
COMMISSIONER BALDWIN: It's not -- well, it's
not like the 216th Drug Task Force?
MR. MOTLEY: No. No, this is for dealing with
-- and maybe Rusty might be able to tell you a little bit --
little bit better about their -- the -- you know, what they
-- what they do and the level of involvement right now, but
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as I understand it, the sole deputy that's on this team is
paid for, if and when the team is activated, by ordinary, you
know --
COMMISSIONER BALDWIN: He's not exclusive over
with the Special Ops? He's a deputy?
SHERIFF HIERHOLZER: If I may explain, this is
what you were referring to as the City's -- what they have
the is the S.O.U. unit. Used to -- long time ago, it used to
be kind of considered a SWAT unit, but now it's actually an
S.O.U. unit. We have one officer assigned to that unit.
Fredericksburg has a couple. Kerrville P.D. has about four
or five, and now Junction is going to have one. This unit is
to be activated at times when you have a barricaded hostage
situation or we have a ric>t somewhere or things like that
where you need this specialized training. They have the
bulletproof shields. They have what's called a pole camera
which can look inside diff-erent rooms in a house that are
barricaded, and there -- k~arricaded subject. And there are a
lot of expenses in it, and there's a lot of -- of extensive
training, okay, that has too go with each one of these
officers. They're hostagE>_ negotiators. They're, you know,
weapons experts and everything else with it. It was -- it
was originally formulated because when we do have serious
situations, the agencies around all do need help, and we try
and all help each other.
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The question I have on this unit is, right
now I have one officer assigned, and I had paid, out of our
budget and part of our grant, his bulletproof vest, which
this type of vest is different than what the -- the patrol
officers wear. It's a lot -- it's more of a defense against
high-powered rifles acid things like that, sniper-type
situation, and then some T-shirts that go along with that
vest. That -- that vest was about $2,000, so I paid for
that out of grant money and out of our vest budget. The
question is, they have a lot of the other equipment, such as
the van they have, the shields that they use, which are
about that thick, the pole cameras, the other specialized
weapons they have, things like that. They were the
recipients of the charity ball thing this year. They've
also done some other funding over the last couple of years
to -- to fund that organi~:ation, and I would -- I wanted to
see more in the funding and more of a committee deal to make
sure that -- that if the officer -- you know, each agency
involved is being -- is being -- is paying equally for --
whether it's a personal o:Eficer's equipment, or whether it's
the equipment for the overall unit.
And I think the overall unit needs to be
funded in other ways that they have found to do that. But
we need to know where that funding's going and that, `cause
I know they've bought some of the officers in that unit
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weapons and things. My officer assigned has paid personally
out of his pocket for his weapons, so there's some things in
there that I think need o be addressed, which it says in
there "as can be agreed by the governing bodies." We have a
30-day back-out on that -- on that contract if we -- if we
decide it's not what we want. It's a -- it's a good unit.
It's needed to have specialized people in those areas, to
where you can get barricaded subjects out, you know. You
take our department; we have four members working at a time.
It's kind of hard to cover that.
JUDGE TINLEY: Let me see if I understand you,
Sheriff. Your concern is -- or your understanding is that
other officers that perform this particular Special
Operations Unit, their equipment is funded through funds
received from fundraiser ~~ituations?
SHERIFF HIE;RHOLZER: I don't know for sure.
But I don't know how all t=hat new equipment, being weapons
that they have purchased or weapons that those officers are
carrying -- is that funded same as my officer? Is he -- are
those officers having to buy it out of their pocket, or is
that fund money they've raised going to that? I just want to
-- an equitable budget fo_r every agency involved in it
spelled out somewhere, whf=re we know.
JUDGE TINL:~Y: To this point, your officer
that's participating in this Special Operations Unit has
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either had his equipment acquired, number one, out of that
officer's own individual pocket, or two, out of your budget
which you receive from this County; is that correct?
SHERIFF HIERHOLZER: That's correct.
JUDGE TINLEY: Okay.
SHERIFF HIERHOLZER: And they are --
JUDGE TINLEY: You're talking about the other
stuff?
SHERIFF HIERHOLZER: And mine is -- the person
I have assigned to it is a patrol sergeant. He does his
normal duties, okay? If they have training, he does that
off-duty. He doesn't do it as -- as part of his on-duty
stuff. We have it set up where it's not costing us, other
than the one thing I did have to pay for, which was the
bulletproof vest, which we have to have bulletproof vests
anyhow; this is just a better one. And the other thing is,
that the mutual -- just a:~ it's been in the old agreement, if
they're deployed, say, out= in Kerr County and have to use
some of their tear gas equipment or some of their, you know,
percussion equipment, the equipment they use, then that
county or that city, wherever they're deployed, will replace
that equipment Llrat's used during that operation. But those
kind of things I just want to see spelled out a little bit
more.
COMMISSIONER LETZ: I think the agreement is a
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good concept. It just seems there's a little bit of devil in
the details that need to be worked out. I'll put that to you
to work out that, because I think it's -- I agree, it needs
to be -- have some sort of open way of funding where everyone
that's participating gets equal treatment. And maybe --
maybe it's happened that way, but I think it needs to be
spelled out. I think it's a real good idea; no reason for us
to have three different units under this type of specialized,
you know, training.
MR. MOTLEY: As I understand it, the funding
for the personal equipment, such as the bulletproof vest and
such as that, is paid by the individual participating
agencies. Supposedly, the charity money that was raised at
the fundraisers go far equipment used in common, You know,
Rusty is saying that the officer had to buy his own weapon,
but then again, that employee gets to keep that weapon. If
somebody else were to have theirs bought by the, you know,
charity funds, they would have to leave the equipment with
the Special Operations Unit when they left. And I think
Jonathan raises a good point about the budget, and I'm told
the reason that that was left a little bit vague is because
they're dealing with four different jurisdictions here. Each
one may have their own different budgeting constraints that
they're working with, and they wanted to leave it a little
bit open to accommodate the different budget mechanisms that
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are in place. And, you know, Kimble County might be a good
place here. And it was suggested that that could be better
done by individual memorandum agreements with those four, you
know, participating agencies to accommodate their own special
budget requirements, and I think the memorandum might well do
that. It may be hard to do it quickly. I think that you
want to get this agreement signed, because if the Court would
see -- and we don't mind coming back at all -- I don't mind
coming back, but I thought the thing to do would be to get it
worked out in memorandum agreement, let Rusty look it over,
let me look it over, send it to the Judge, let him see what
he thinks about it, and then be pre-authorized to sign it.
If the Court would rather us come back, I can come back.
COMMISSIONER LETZ: One last question. Just
-- I know otYiers can sign later. Is there a reason that
Gillespie County isn't on the -- you'd think that with the
City of Kerrville, City of: Fredericksburg, that Gillespie
County would be --
SHERIFF HIF~RHOLZER: They just chose not to.
Fredericksburg P.D. is, brit Gillespie County just chose not
to from the very onset, from the start. And all these guys,
like most of our agencies, do even firearms training together
out at Thunder Ranch. We already have that where we all work
together.	It's a great concept. It's	a great	unit.	But
there's sc	ore things memorandum-wise or	whatever	I want	worked
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out a little bit more than what this shows. But this is a
good, broad coverage in every kind of aspect, and I've used
them in the county before just to assist us in different
situations -- certain situations.
COMMISSIONER NICHOLSON: I move that we
authorize the County Judge to sign, approve the Mutual Aid
Agreement for Multi-Jurisdictional Special Operations Unit.
COMMISSIONER BALDWIN: Second.
COMMISSIONER NICHOLSON: Contingent upon the
County Attorney providing him advice as to the content and
the form of the agreement.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded by
Commissioners Nicholson and Baldwin that the Court approve
the Mutual Aid Agreement for Multi-Jurisdictional Special
Operations Unit and authorize County Judge to sign same upon
the approval of the County Attorney of Kerr County indicating
it's okay to sign it. Any further discussion?
COMMISSIONER LETZ: I have a further request.
I don't know -- I don't have a problem approving it now, but
I would request that the ~~heriff come back in 30 days or 60
days and kind of give us a.n update as to some of these
concerns, let us know the status of that. Because this is
one of those things that -~- you know, it may have some budget
consequences, and I think we need to make sure it's worked
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out properly. I want to make sure that the Sheriff is
comfortable with it if we're going to leave it in place.
SHERIFF HIERHOLZER: I agree.
JUDGE TINLEY: Any further questions or
discussion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Next item
or. the agenda is consider and discuss making June 7th, 2003,
"The Honorable Constable Don McClure Day." Constable
Pickens.
MR. PICKENS: Good morning, Judge,
Commissioners. Thank y'all. As y'all know, Don McClure
passed away this past March 7th of this year with a battle of
cancer. My request is that I would like for the
Commissioners Court of Kerr County to set aside June the 7th
of 2003, starting this year, and then from then on, every
June 7th as ThP Honorable Constable Don McClure Day, due to
the fact that Don had served this county for over 40 years as
a true Texas peace officer. He would have been 73 years old
coming this -- this June. He was a true Texas peace officer,
and he was very proud of it. There is not a man or woman in
this state that didn't know Don. To this day, I still get
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phone calls, correspondence through the mail, requesting to
speak to Don, that have not been advised of his passing. He
was well-known throughout the state. He did a lot for the
people here in Kerr County. I feel that the Court should
recognize Don for his contributing to the deal. I know that
when he retired last year, y'all honored him on his
retirement, and then when the unfortunate passing of him
away, that y'all paid tribute to him right before his
funeral.
I'm working with State Representative Harvey
Hilderbran right now on -- at the state level as well in
making June the 7th Dnn McClure Day, and he advised me that
he is in the process of working on that as we speak. It
would be a nice reward for Don and his family to have this
day be recognized for him. Any consideration on this would
be greatly appreciated. If the Court would consider this
and pass this today, I, at my own expense, will go to the
trouble of having a plaque made, along with his picture put
on it, for the years of service in Kerr County, which,
again, over 40 years, and with the Court's permission, have
it displayed here in the courthouse next to Precinct 1's
office so that anyone and everyone that walked in here would
see the plaque. And it would also -- for his 10 grandkids
and 5 great-grandkids to be proud of and show the family
history. And to back that up, I've asked Mandy Kirkpatrick
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to come and give her piece of why she would like to have
this passed. Mandy?
MS. KIRKPATRICK: I guess I've known most of
you guys since -- well, before I was born. But, anyway, at
any rate, y'all know how important my granddad was to me. He
was my mentor and my confidante and my best friend, and I
miss him a lot. But I think the most important things that
he taught me were twofold; when I decided to go into law
enforcement, the one thing he told me is, he said, "The
people who have committed a crime and the people who are on
the other side of the bars aren't any different than you and
me. They made a mistake, but that doesn't make them less
worthy of your respect." And I used that when I worked with
the Kerr County Sheriff's Department, and I was amazed at
what I could get accomplished as a 5-foot-2 female. I would
have very willingly walked into any one of the 18 man cells,
knowing full well that because I had respected everyone in
there the way that my granddad taught me to respect them,
that if one guy caused problems, 17 would be backing me up as
a jailer, not their buddies in the cell.
On top of that, he taught me a lot about
perception. And you guys know this just as well as I do.
He -- being raised in law enforcement, you have a tendency
tc create a world that's very black and white. And what Pop
taught me is that it's not black and white; there are myriad
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shades of gray. And just because it's illegal technically
doesn't make it, quote, wrong. He told me one time that he
would have no problem arresting a woman shoplifting for
makeup, but he would have a real problem arresting a woman
shoplifting baby food to feed her kids. That was a very --
that was a distinction that he was able to make because of
his respect for the person, and because of his perception of
the -- cf the views. And I think that that was important in
the way that I've learned to be accepting of people, and to
also know that I can walk into any situation and not demand
respect, but to earn it because of the way that I treat
people, because of the way he taught me to treat people.
COMMISSIONER BALDWIN: Hear, hear.
JUDGE TINLEY: Thank you.
COMMISSIONER BALDWIN: Sounds like the same
guy I know.
MS. KIRKPATRICK: Yeah. Kind of crazy, isn't
it?
COMMISSIONER BALDWIN: Judge, I move that we
declare June 7th Don McClure day in Kerr County. No
pictures, no plagues. And, I mean, it can go on year after
year after year if you want to, but don't expect us to
remember it next year. I mean, even if you want to have a
big celebration, don't --
MR. PICKENS: I understand what you're saying,
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Commissioner. That's why I'm asking that, at my expense,
I would be willing to have a plaque made to where it would
be --
COMMISSIONER BALDWIPI: Bobby, no plaques and
no pictures, please. If -- if we -- if we did that, the
place would be covered with -- I mean, we get that all the
time. And I just don't think it's right to do one and not do
the other. I said no. Now, you want to continue this?
MR. PICKENS: Okay. Well --
COMMISSIONER BALDWIN: Okay.
MR. PICKENS: With that, could I ask the
Sheriff a question, then? Sheriff, would you have a problem,
if I made the plaque, that you display it in your lobby of
your Sheriff's office?
SHERIFF HIERHOLZER: In honor of Don, the
Sheriff's Office has already requested from the governor and
through the TCLEOSE a flag that can be presented to the
family in a case for any peace officer that served in the
state of Texas. We're waiting for that at this time. Many
of the employees throughout this courthouse and our office
have already donated to have a small plaque done to be
mounted next to a tree that will be planted on that 17 acres
out there at the Sheriffs Office in honor of Don, and the
plaque will be at the bottom of that tree. This has already
been in the works for some time now, and we're just waiting
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for everything to get back to us before we actually do it.
COMMISSIONER BALDWIN: I think that's
excellent.
MR. PICKENS: Okay. Thank you, Sheriff.
COMMISSIONER BALDWIN: My motion is to declare
June 7t71 Don McClure Day.
JUDGE TINLEY: 2003, this year?
COMMISSIONER BALDWIN: Yes, sir.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded by
Commissioners Baldwin and Letz, respectively, that the Court
make June 7, 2003, Honorable Constable Don McClure Day. Any
further discussion or questions? All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. The next
item is consider and discuss a request for additional funds
to help offset the expenses for the increase of kids being
placed in foster care. The Child Services Board, Kerr
County. Mr. Pickens?
MR. PICKENS: Thank you on passing the
previous amendment -- request. What I'm going to hand for
y'a11 today is the Kerr County Child Services Board, which
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I'm the president of, and the vice president, Sherry Cowell
here, is present as well. That shows you our budget that was
adopted last year of $5,000. What I've handed y'all is a
breakdown of how much is being spent per month on the kids
that are in foster care. Last year, we had come before y'all
on August the 26th for an emergency request for funds because
we had additional increase in kids as far as on school
supplies. Two years back, in 2001, we were averaging
approximately about 33 kids a year in foster care that we
were caring for. In the last two or three years, it has
increased, and we're averaging approximately 55 kids a month
that we're having to carry -- care for.
Back in May of last year, we had come before
Commissioners Court when we were on a night session, and we
were -- had asked y'all to sign off on an agreement with the
State on a nonfinancial contract, which that was passed with
the previous Commissioners Court, and at that time I
requested for us to be included in the budget workshop so we
could explain the increases. Unfortunately, we weren't
invited to any workshops, and we were just given the $5,000
again, whir_.h is -- although we greatly appreciate it. What
you have before you is the per-month and per-year -- the
steady increase that we`re seeing on the kids. We're asking
for emergency funds of $995 to help offset for the school
supplies and birthday gifts which was adopted by the Court
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to -- to spend on these children. Sherry?
MS. COWELL: If you'll flip through there, I
think the most important thing to look at is this chart. It
shows, from 2001, 2002, 2003 figures, we were consistently
running about 33 kids in 2001. In 2002, it went up to
40-something kids, and we ended up with 60, 61 kids towards
the end of the year. Now we're averaging about 55, so I
don't anticipate that that's going to go down. In fact, I
anticipate that's going to go up, because they're picking up
more kids all the time. So, we're -- we're hoping that -- we
need extra money to get us through this fiscal year if we're
going to pay for school supplies and for the gifts for the
children that have birthdays through September. And we're
hoping to be a part of the budget process, because obviously
our -- we've got 22 more kids than we've been having.
COMMISSIONER BALDWIN: Say that last sentence
again?
MS. COWELL: We've got 22 more kids.
COMMISSIONER BALDWIN: Right before that.
Part of the budget process?
MS. COWELL: We would -- I forgot, I'm sorry.
COMMISSIONER BALDWIN: You want to go through
the budget process, or you want money today?
MS. COWELL: No. No, we want money today if
we can do it, to get us through this fiscal year.
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COMMISSIONER
MS. COWELL:
then we'd like to be a part
needs for next year.
COMMISSIONER
three questicns. These chi
Texas?
foster homes --
BALDWIN: I see. Okay.
That's what we're asking. And
of that budget process to address
NICHOLSON: I think I've got
ldren are wards of the State of
MS. COWELL: Yes. Yes, sir.
COMMISSIONER NICHOLSON: They're placed in
MS. COWELL: Yes.
COMMISSIONER NICHOLSON: -- by the State, and
the State pays those foster parents to take care of these
children?
MS. COWELL: Reimburses them for their
expenses, yes.
COMMISSIONER NICHOLSON: Some of them are
individual couples, and then there's other entities,
including the Hill Country Youth Ranch. My next two
questions are, what is the Kerr County Child Services Board?
What kind of an organization is it? How is it established?
And, two, what does it -- what are these funds used for?
MS. COWELL: Basically, it's volunteers who
form the board, and that's to oversee and help with the needs
that are not addressed by the State. Having -- I'm retired
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from the State with Child Protective Services, so I know,
from 29 years of experience, that the State can't cover all
the needs that these kids have. And that's why the State
asks boards to spring up to raise money or have money to --
you know, to supplement. what the State couldn't provide.
Because when these kids come into foster care, they're coming
in in emergency situations. They're coming to foster
parents, and the foster parents have an initial outlay of at
least a couple hundred dollars just to get clothes on their
back, 'cause these kids come with nothing; no hairbrush, no
toothbrush. Lots of times they don't even come with
underwear. And I'm serious, 'cause I've picked those kids up
and I've delivered them. So, when these foster parents are
taking care of the kids' needs, besides clothing and doing
all the things that they need to do with them, taking them to
doctor's appointments, take them to staffing, take them to
parent/child visits, take them to therapy, you know, that's
stuff that they're not reimbursed for.
And so the board tries to spend $25 a year
for birthday gifts, $25 a year for -- per child for
Christmas gifts, and then we try to give them some money to
Help with school supplies and hopefully a little bit left
over to maybe buy a pair of shoes for school. Besides
that -- that's just for foster kids. We also have kids in
Kerr County tY?at have medical needs or dental needs that
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they're not in foster care, but their parents are involved
with Child Protective Services or they're involved with the
school system, and teachers have identified that there's a
need for somebody to get a tooth extraction or something
else that's not paid for. They come to us and we -- we vote
on that using funds that you've appropriated for us.
COMMISSIONER NICHOLSON: What's the source of
your funds?
MS. COWELL: You.
COMMISSIONER NICHOLSON: That's all.
COMMISSIONER BALDWIN: Does the law require
that the County have a Child Service Board?
MS. COWELL: Yeah.
MR. PICKENS: Yes.
MS. COWELL: Well, it does in that you've got
an agreement with the State that we do. Not every -- not
every county has a board. Most -- you know, I'd say
probably --
COMMISSIONER BALDWIN: It's been a long time
since I've read that, but there's something that triggers
that Kerr County is required to have a Child Service Board.
MS. COWELL: There's about -- still about
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COMMISSIONER BALDWIN: And then what that
maybe 10 percent of the counties out there that don't have
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does -- I'm not real sure what kind of guidance we give, but
somehow through the years, the County has adopted that we
would participate in those -- the birthday gifts and some
school supplies and a Christmas gift, and sometimes the
kids -- only thing they get for Christmas is through this
Court. But it's really grown, hasn't it?
MS. COWELL: Yeah, it has. It's -- I don't
think it's ever going to go back the way it was.
MR. PICKENS: One month we had pushing 66
kids.
MS. COWELL: Yeah.
COMMISSIONER WILLIAMS: What is the State
reimbursement rate for a foster parent?
MS. COWELL: If it's for basic care --
basic-care home, which is just a -- basic care, you know, you
take them, you love them, you tuck them in, and you provide
basic care, I think C.P.S. is paying 16-something a day now,
so you're talking $500 a month.
COMMISSIONER WILLIAMS: And what does the
State do about medical -- taking care of medical needs?
MS. COWELL: The kids have Medicaid, and so if
they have Medicaid, if they have a provider that will take
it, if they have a dentist that will take it or a doctor that
will take it or a pharmacy that will take it, then those --
most of those needs -- the medical needs of the children are
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covered. And if they have therapy needs, most of them are
covered under Medicaid. But for -- like, for eyeglasses,
Medicaid pays $9 for the eyeglasses on a child. They pay for
the lens, but the eyeglass frame is $9, so most of our foster
parents, you know, dig in their own pockets to supplement
something nice for the kids.
COMMISSIONER WILLIAMS: There are programs for
things such as that. Texas Lions, for example, has an eye
program that provides glasses and frames and so forth.
MS. COWELL: And we --
COMMISSIONER WILLIAMS: Just like the --
MS. COWELL: And the social workers tap that.
Because there are kids out there that don't have Medicaid;
they're not foster kids, that also have the same kind of
needs, and social workers locally tap these resources.
They're aware of them. The same thing with dental care.
There are lots of kids that don't qualify for Medicaid, but
they're involved with Child Protective Services because of
the parents providing marginal care, but they're not in
foster care. But the caseworkers try and tap resources for
them too, and sometimes they come to us for that.
MR. PICKENS: The reason we're here today is
because we'll meet -- our regular meeting is in June. We
take the month of July off because, again, we're all
volunteers. We also have family lives. School, as everybody
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knows, all start, you know, August 16th, 17th, and that's
when we -- and we usually meet the second Monday of the
month, and that's when we try to have all our -- we vote on
how much to spend for school supplies and stuff to get these
kids up and running. That's why we're here before you today.
COMMISSIONER BALDWIN: Bobby, in your note it
says -- it says because of our -- because our current funding
is approximately $5,000. Is that how much the County --
MR. PICKENS: Yes, sir, that's what the
Commissioners Court --
COMMISSIONER BALDWIN: So the County puts in
$5,000. I don't see here what you're asking for.
COMMISSIONER WILLIAMS: Neither do I,
COMMISSIONER BALDWIN: So, what I'm going to
ask you to do, and I've asked you to do this before, is go
back, get with Tommy, and find out a firm figure to bring to
this Court.
MR. PICKENS: We have. It's right there, sir.
COMMISSIONER BALDWIN: It's in this packet
here?
MS. COWELL: Yes, sir.
MR. PICKENS: And at the end of --
COMMISSIONER BALDWIN: I'm not going to vote
on this right now. I want to sit down -- let me finish,
please. I want to sit down and go through this packet and
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understand about the dollars and cents. And the State
requires us to have a Child Service Board, and in that
requirement, it requires you to come to this Court and for
this Court to officially appoint your Board of Directors
every year. Haven't seen you in three years.
MS. COWELL: We came to you and asked to be on
the January agenda to do that, and we weren't put on it.
COMMISSIONER BALDWIN: You came to me?
MS. COWELL: Mm-hmm.
COMMISSIONER BALDWIN: And asked to be on the
agenda?
MR. PICKENS: Yes, sir.
COMMISSIONER BALDWIN: Well, I have --
MR. PICKENS: And when we came in last year,
at the same time we asked to be considered for the workshop
so we could justify the request for additional funds. We
weren't invited to come.
(Discussion off the record.)
MR. PICKENS: Sorry.
COMMISSIONER BALDWIN: I see, it`s my fault.
MR. PICKENS: No, and we weren`t included in
the workshop, and that's why we're running short this year.
At the end of this month, we'll have $2,455.27 -- or .20 left
between now and September, and we're still going to be short
approximately $995 to help cover the expenses. And it's all
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broke down there.
COMMISSIONER LETZ: I think it's a good cause.
And my problem is that -- I mean, I don't want to go back
into why we did or didn't hear your workshop and all that
last year, budget of $5,000. I think we left pretty much
all, if not all, the same last year. I don't know where the
money comes from. And that's -- and it's one of these items
that, you know, it's -- it certainly is a good cause, but
we're in a very tight budget this year already.
MR. PICKENS: I understand.
COMMISSIONER LETZ: And, you know, I would
recommend trying to get -- go out and get community -- see if
you can raise money. I just don't see that we can do a
budget amendment. 'Cause, I mean, every agency that we
provide funding for similar to y'ap's, and including, like,
volunteer fire departments, all of them are strapped for
cash, and it's difficult to say one -- you know, if you give
it to one, then why you shouldn't do it for another. And the
other alternative, if you can't raise money in the community,
would be maybe to lower the amount of school supplies to $65
for this year, and then, during this budget process, you
know, we can look at it again for next year. I'm not sure,
you know, how that process is going. Because you look
towards the Judge with funds of this nature and budget.
JUDGE TINLEX: Let me make a suggestion about
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future budgets. If you have a request that you want to make
relative to the upcoming budget year or future years,
certainly there's nothing wrong with you putting that request
in writing and forwarding it to my office so that you're on
record of what you're requesting. We have a number that have
already done so, and I expect there will be several more to
come. And at least one more -- now that T've put you on
notice, probably there's going to be one more coming.
MS. COWELL: Yes, sir.
JUDGE TINLEY: But that will get you in the
mix.
from there.
MS. COWELL: Okay.
JUDGE TTNT,EY: And then we'll see where we go
MS. COWELL: We can do that.
COMMISSIONER BALDWIN: Next meeting is June
MR. PICKENS: Okay. See y'all then.
MS. COWELL: Thank you.
MR. PICKENS: Thank you.
JUDGE TINLEY: Any further action on that
item? We'll move on to the next item, consider and discuss,
take appropriate action on accepting revisions to Kerr County
Parks and Recreation Master Plan, setting a date for public
hearing on that item.
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COMMISSIONER WILLIAMS: Judge, the -- the
results of the input that we received from the workshop are
included in these two pages, which I believe are the only two
pages that are required under the revision. I apologize to
the Court for adding one that I failed to add in the
workshop, because sometimes you get so close to it, you
forget things. But I've long had a desire to attempt to find
grant funds to dredge out the silt from behind Center Point
Dam to improve the swimming area, and I would still like to
continue to try to find those funds; not County funds, but
event funds. So, it was included in the Goals and
Objectives. So, with these two pages of changes that reflect
the sense of the discussions we had, I guess our next step,
if the Court agrees, would be to set a date for -- to accept
this as a complete package and set a date for public hearing.
I would so move. And the date would be when, Mrs, Thea?
MS. SOVIL: How long do you need? 'Cause
you'll need to put notice --
COMMISSIONER WILLIAMS: Yeah.
MS. SOVIL; How many days of notice do you
need? Fourteen?
COMMISSIONER WILLIAMS: I would think 30.
COMMISSIONER LETZ: Thirty.
MS. SOVIL; Thirty?
COMMISSIONER LETZ: That should cover it.
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COMMISSIONER WILLIAMS: Last meeting in June?
Is that sufficient?
MS. SOVIL: No, that's not 30 days, 'cause
that's the 23rd.
COMMISSIONER LETZ: It's early,
COMMISSIONER WILLIAMS: First meeting in July.
MS. SOVIL: 14th. 14th of July.
COMMISSIONER WILLIAMS: That will be fine.
JUDGE TINLEY: 10 a.m.?
COMMISSIONER WILLIAMS: At 10 a.m. I would so
move, Judge.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Okay. Your motion, then, is
that we set a hearing on the -- public hearing for July 14th,
'03, at 10 a.m., for public hearing on the revisions to the
Kerr County Parks and Recreation Master Plan; is that
correct?
COMMISSIONER WILLIAMS: And a copy -- complete
copy with these changes will be placed in the County Clerk's
office for the public to look at.
JUDGE TINLEY: Available for inspection.
COMMISSIONER WILLIAMS: Yes.
JUDGE TINLEY: Does that conform to what you
believe you seconded?
COMMISSIONER LETZ: Well, I'm just -- I mean,
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I'm thinking, "accepting revisions." We're adopting a new
park plan; the other one has expired. I mean, we're not
accepting revisions. I guess you could call it revising the
old one, but it's updating and adopting the new one.
COMMISSIONER WILLIAMS: That's fine. If you
want to change the language, that's fine.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: We want to make sure that
we're right in the public notice.
JUDGE TINLEY: The public hearing will be for
the -- for the purpose of adopting a new, revised Kerr County
Parks and Recreation Master Plan.
COMMISSIONER WILLIAMS: That's fine.
COMMISSIONER LETZ: Right.
JUDGE TINLEY: Okay? Okay. Does that conform
with everybody's understanding?
COMMISSIONER LETZ; Yes.
JUDGE TINLEY: Any further discussion or
questions?
COMMISSIONER BALDWIN: Got a question here,
,Tudge, I beat on everybody that's walked in the door today,
so I'm not going to stop now. I just have a simple question,
Bill. How -- how did you -- what brought this up? I mean,
did you just get up one morning and say, "Man, those park
plans need to be changed"? What triggered it? I'm serious.
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I'm just real curious about that.
COMMISSIONER WILLIAMS: Didn't exactly happen
that way. The good Commissioner from Precinct 3 and I have
discussed it, and we've had a lot of discussions about who's
doing what park and Flat Rock Lake Park, and then the need of
the Texas State Arts and Crafts Fair to go out for grants is
really the catalyst.
COMMISSIONER BALDWIN: I see. Okay, that's
what I was looking for. Thank you.
JUDGE TINLEY: Any further questions or -- or
discussion? Ms. Thea Sovil?
MS. SOVIL: You need to know where the money's
coming from to pay for the notice, and who's going to publish
the notice.
COMMISSIONER WILLIAMS: Where does the money
come from for any notice that we publish?
JUDGE TINLEY: Do we not have a line item for
legal notices under Commissioners Court?
COMMISSIONER BALDWIN: Sure, we do.
MS. SOVIL: I think it's gone.
COMMISSIONER BALDWIN: We only spend -- I
mean, today's bills, there's $500 or $600 on notices.
MS. SOVIL: It's zeroed out.
COMMISSIONER LETZ: I think we need to do a
budget amendment at our next meeting. I think -- you know, I
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mean, out of Contingency, whatever that small amount will be.
COMMISSIONER WILLIAMS: We'll have to find it.
JUDGE TINLEY: Lacking a budget amendment,
take it from Contingency at this point? Okay. Any further
questions or discussion?
COMMISSIONER BALDWIN: Yes, sir. When is the
-- when is the public hearing?
COMMISSIONER WILLIAMS: 14th at 10 o'clock.
JUDGE TINLEY: 14th.
COMMISSIONER BALDWIN: I'm ready to rote.
JUDGE TINLEY: All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry.
COMMISSIONER LETZ: That will be Bastille Day,
for those that want to remember.
COMMISSIONER BALDWIN: Bastille Day?
COMMISSIONER WILLIAMS: Wonderful.
COMMISSIONER BALDWIN: I can't do that.
(Discussion off the record.)
JUDGE TINLEY: You just wake up one morning
and decide to try and figure out when Bastille Day was?
COMMISSIONER BALDWIN: Separation of church
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and state.
COMMISSIONER LETZ: One of those intriguing
things that just hit me one day.
COMMISSIONER WILLIAMS: It did, didn't it?
JUDGE. TINLEY: Next item, consider and
discuss, take appropriate action to improve the process for
burn bans so they're more responsive to the needs of the
communities and fire departments. Commissioner Nicholson.
COMMISSIONER NICHOLSON: Weli, when I put this
item on the agenda two weeks ago, we had what appeared to be
a fairly serious drought situation with dry grass everywhere,
and I had two of my four volunteer fire departments beating
down my door and my telephone, saying, "You guys are going to
burn down the county if you don't take action." And
subsequent to that, we did meet in an emergency meeting; got
the Judge away from his nap and Buster away from McDonald's,
and we initiated a burn ban. That happened pretty quick. We
were pretty responsive, I thought. And we did that in a way
that gave each Commissioner a -- the option of reimposing or
lifting and/or reimposing the burn ban over -- what was it?
JUDGE TINLEY: 90-day --
COMMISSIONER NICHOLSON: 90-day period? Maybe
I've talked myself out of thinking that this is a critical
issue that -- that has to be taken care of right now, and
reeds major -- major changes. From my perspective, we're
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going to lift the burn ban now, and it's okay for me. Maybe
if we need to do something different, maybe the next time we
start getting into a drought -- drought area, at our regular
meeting, we could act sooner to give Commissioners the
authority to establish the burn ban or something like that.
COMMISSIONER LETZ: I think that's right; this
is the way to proceed. I mean, I think our -- we have a -- I
think a good rule right now. And, if anything -- I mean, I
don't know how dry it was out west; I don't go out west that
often. It was not an emergency situation in the eastern part
of the county. That's why I hadn't thought -- I was planning
to put it on this agenda to do, 'cause I thought it was about
time. I think we just need to -- each of the Commissioners
needs to prepare -- when we start heading into summer, it's a
good, probably, bet just to have it in place in case any
Commissioner or, basically, the fire departments in the
precincts want to impose it.
COMMISSIONER NICHOLSON: The day we had the
emergency meeting, I had two fires. In fact, I was going
back home out 27 at 5:30, and I could see a lot of smoke back
up in that area where we had the big fire across the river,
and here come two of the Ingram fire trucks. So, it was very
timely, and -- and the fire chiefs were appreciative that we
did act quickly and get it on. But I think what I'll do is
make a note to myself that next spring I'll -- I'll keep an
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ear out, and maybe we can act in some way a little --
COMMISSIONER BALDWIN: Or keep an eye on the
beach bum --
COMMISSIONER LETZ: Keech-Byrum.
COMMISSIONER BALDWIN: However you say it,
then. That's always kind of fun just to touch base with and
take a peek at.
JUDGE TINLEY: Okay. So, I gather there's no
member of the Court that's proposing any formal action on
this particular agenda item?
COMMISSIONER NICHOLSON: No.
JUDGE TINLEY: If not, we'll move on to the
next item, consider and discuss approval of the Kerr County
Auditor to do the annual audit for the Kerr County Rural Fire
Prevention District Number 1, commonly known as the Ingram
Fire District, I believe. I received that request in the
mail, and apparently we've done -- our County Auditor has
done that in years past during the course of their existence.
COMMISSIONER NICHOLSON: And that's part of
the contract that we -- part of the contract we have with
each volunteer fire department or fire district, is if they
ask, we'll do an audit. Maybe it says if they ask, we may do
COMMISSIONER LETZ: It says we may do an audit
an audit.
if we want.
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(Discussion off the record.)
MS. SOVIL: No.
COMMISSIONER NICHOLSON: No? Either way.
COMMISSIONER LETZ: But this is a little bit
different than the volunteer fire department contract. We
have d~rie this. It's a good idea.
COMMISSIONER NICHOLSON: Just for information,
the Mountain Home citizens, including the chief of the fire
department, are deep into plans to hold an election and get a
fire district for Mountain Home. Judge Tinley and I met with
them and a fellow from Austin last Friday night, and he
outlined for them what they had to do to get that done. So,
I'm about 90 percent sure that they'll be wanting to schedule
an election sometime this fall.
COMMISSIONER BALDWIN: That is fantastic.
JUDGE TINLEY: It's a great indication that
that's where they're going. The fire prevention districts
are being phased out, and come September 1, there will be
emergency services districts.
COMMISSIONER BALDWIN: Mm-hmm.
JUDGE TINLEY: But the O.R.C.A. representative
was there; very, very helpful, brought a lot of good
educational information, and I -- I think the meeting went
very, very well.
COMMISSIONER LETZ: I wish the rest of the
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county would do that.
COMMISSIONER BALDWIN: I have talked to them
for years about doing it, because Ingram has been so
successful. Although they shouldn't be getting money from
both sides, but that's a different topic, and I hope somebody
addresses that someday. But to do -- push acid do a
county-wide -- county-wide fire district. County-wide. One
fire district. I think they're great.
COMMISSIONER NICHOLSON: Pretty controversial.
COMMISSIONER BALDWIN: I'm sure it would be.
JUDGE TINLEY: Do I hear a motion on Item 1.13
on the audit?
COMMISSIONER LETZ: So moved -- or go ahead,
Dave.
COMMISSIONER NICHOLSON: I move that we
approve of the Kerr County Auditor doing the annual audit for
Kerr County Rural Fire Prevention District Number 1.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion's been made and seconded
by Commissioners Nicholson and Letz, respectively, that the
Court approve the Kerr County Auditor doing the annual audit
for the Kerr County Rural Fire Prevention District Number 1.
Is there any further question or discussion"? All in favor of
the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
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JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Next item
on the agenda is consider and discuss approval of the
Amendment Number 1 to Contract Number 721075 between Kerr
County and the Office of -- O.R.C.A., and authorize County
Judge to sign the same. I included that item, and basically
the term of the contract expired on -- I believe it's May
the --
COMMISSIONER WILLIAMS: 7th.
JUDGE TINLEY: -- 7th, 2003. And that
contract is still in the process of being executed, and the
amendment will change the term of the contract so that it
terminates on December 7th of this year. Pearl Harbor Day.
COMMISSIONER WILLIAMS: I believe the Court
ordered, in an earlier meeting -- the Judge approved
requesting the extension, so this is just merely the
formality of signing the agreement.
JUDGE TINLEY: I seem to have some
recollection of that. But that's the only effect of the
amendment, would be to extend the --
COMMISSIONER WILLIAMS: Right.
JUDGE TINLEY: -- termination date of that
contract. Pearl Harbor Day.
COMMISSIONER WILLIAMS: That was based on
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weather delays and so forth. Pearl Harbor Day, as opposed to
Bastille Day.
COMMISSIONER LETZ: I move approval of
Amendment Number 1 to Contract Number 721075 between Kerr
County and the Office of Rural Community Affairs, authorize
County Judge to sign same.
COMMISSIONER WILLIAMS: Second the motion.
JUDGE TINLEY: Motion is made and seconded by
Commissioners Letz and Williams, respectively, to approve
Amendment Number 1 to Contract 721075 between Kerr County and
O.R.C.A., and authorize County Judge to sign the same. Any
further discussion or questions?
COMMISSIONER NICHOLSON: Does this change
require a public hearing?
COMMISSIONER WILLIAMS: No.
JUDGE TINLEY: No. All in favor of the
motion, signify by raising your right hand.
COMMISSIONER NICHOLSON: I have more
questions; I'm not through.
JUDGE TINLEY: All opposed, same sign -- you
just voted for it.
COMMISSIONER NICHOLSON: No.
JUDGE TINLEY: You're raising your hand to be
recognized?
COMMISSIONER NICHOLSON: Yes, sir.
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JUDGE TINLEY: All right. Your question was?
COMMISSIONER NICHOLSON: Well, look at Page 10
of 12, Section 21. B appears to require a public hearing.
JUDGE TINLEY: We're not changing the
activities.
COMMISSIONER WILLIAMS: Just asking for an
extension of the date to complete the activities.
COMMISSIONER NICHOLSON: Okay. Part C, "Prior
to the termination of the contract," -- the contract is
already expired -- "contractor shall hold a public hearing to
review its performance under this contract." Has that
happened? Looking down at F, Complaint Procedures, have we
done this? Or does the contractor do that?
COMMISSIONER WILLIAMS: We took the court
action prior to the termination, asking O.R.C.A. for an
extension due to weather and weather-related matters.
COMMISSIONER NICHOLSON: What have we done to
satisfy the provisions of Part F? Section 21, Part F?
COMMISSIONER WILLIAMS: I don't know of any.
COMMISSIONER LETZ: On that one, I would think
that if, I mean, there's -- if you want to -- anybody, not
just us, wants to get a copy of those requests, we just
submit it to the contractor, see if there have been
complaints. I mean, I don't know if there have or haven't.
If there have been -- I have thought complaints; I've had to
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drive around their construction, but I haven't written any.
COMMISSIONER NICHOLSON: Are we the
contractor?
COMMISSIONER WILLIAMS: Yes, we are. We are
the contractual party.
COMMISSIONER NICHOLSON: Generally, my
concerns are here that I recall those public hearings that
were held last year, and I recall the amount of emotion that
went into citizens expressing concerns about this -- this
whole approach to funding the project. So I think we ought
to be extra cautious in the way we --
COMMISSIONER WILLIAMS: I understand where
you're coming from, Commissioner. I think a lot of the
public concern had to do with -- with the funding of the
mapping project, as opposed to the sewer project.
COMMISSIONER NICHOLSON: Yeah, I think that's
right.
JUDGE TINLEY: The study portion of it.
COMMISSIONER NICHOLSON: The colonia issue.
COMMISSIONER LETZ: colonia issue.
COMMISSIONER NICHOLSON: And there's -- I'm
pretty sure there's still a lot of emotion out there about
that.
COMMISSIONER WILLIAMS: That may be, but most
plans like that, it ends up on the shelf, and I think nothing

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happens as a result of it.
COMMISSIONER LETZ: The -- I mean, we're the
contractor. Again, if we get complaints, Thea would have
them. But T think it's a good point to determine that -- I
mean, that we need to compile them and keep them if we do get
complaints. I haven't seen any.
COMMISSIONER WILLIAMS: I haven't either.
COMMISSIONER LETZ: But if we do, it's
important that we do notice -- sometimes we don't look at the
details as clearly as we should. Something like that, we
have a policy set up for that.
MS. SOVIL: Would they call here or would they
call U.G.R.A., since it's a U.G.R.A. project?
COMMISSIONER WILLIAMS: It's a County project.
MS. SOVIL: I understand that, but U.G.R.A.'s
fronting it, so --
COMMISSIONER WILLIAMS: No, the County is.
JUDGE TINLEY: If they get -- if they get
questions or concerns raised over there --
MS. SOVIL: Yeah.
JUDGE TINLEY: -- they should refer those to
us, to Kerr County.
COMMISSIONER WILLIAMS: Any -- any concerns.
However, there's nothing that happened that I'm aware of that
would have brought about a -- a need for a public hearing.
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Concerns that are raised in a routine construction have been
forwarded, and Grantworks has worked out most of those things
under its administrative agreement. All this does is extends
the entire O.R.C.A. contract to December.
COMMISSIONER NICHOLSON: I'm ready to vote.
JUDGE TINLEY: Okay.
COMMISSIONER NICHOLSON: Thank you. No
further questions.
JUDGE TINLEY: Any further questions or
discussion?
COMMISSIONER BALDWIN: I want to make a
comment. Commissioner Nicholson, I appreciate you watching
for those little things that sometimes become big things, and
I appreciate that very much. I really and truly do. But
don't do it any more. (Laughter.)
JUDGE TINLEY: Any further --
COMMISSIONER NICHOLSON: Not going to do it
after 12 noon.
JUDGE TINLEY: As we're drawing nigh to lunch,
you need to be very brief, huh? Any further questions or
comments? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
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JUDGE TINLEY: Motion does carry. I'm not
aware of any items for Executive Session. We'll now move
(Discussion off the record.)
JUDGE TINLEY: Next item is payment of the
bills. Ms. Sovil, I believe you're here as a representative
of the Auditor's office?
MS. SOVIL: Sort of.
JUDGE TINLEY: You won the job by default?
MS. SOVIL: Yes, sir.
JUDGE TINLEY: Okay. Does anybody have any
questions on the regular bills?
COMMISSIONER WILLIAMS: Move we pay the bills.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY:
by Commissioners Williams and
pay the bills as presented by
Any questions or discussion?
signify by raising your right
(The motion ca
JUDGE TINLEY:
Motion's been made and seconded
Baldwin, respectively, that we
the County Attorney's office.
All in favor of the motion,
hand.
rried by unanimous vote.)
All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Next item
is the budget amendments.
MS. SOVIL: Yes, sir. It's County Court at
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Law; they're moving money from the District Courts'
Court-Appointed Attorneys, Publications and Dues, and this
amendment is going to require three late bills and approval
for hand checks. We need one for dues for Judge Prohl for
$235. We need one for dues for Judge Ables for $235, and we
need one for -- to Amos Barton for attorney fees in the
amount ~f $1,743. It's a County Court at Law case.
COMMISSIONER WILLIAMS: I don't see that
$1,000 one. Where is it?
COMMISSIONER BALDWIN: I don't either.
MS. SOVIL: It's in Court-Appointed Attorneys.
427 is County Court at Law.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER BALDWIN: It doesn't show up on
ttie little request form, is the deal.
MS. SOVIL: It doesn't show up individually.
There's more than that one bill, but we need a late bill for
that specific amount.
COMMISSIONER LETZ: So moved.
COMMISSIONER NICHOLSON: So, in that $3,325?
MS. SOVIL: Yes, sir.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion's been made and seconded
by Commissioners Letz and Nicholson, respectively, that
Budget Amendment Request Number 1 be approved, and authorize
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hand checks as follows: Judge Prohl, $235; Judge Ables,
$235; Mr. Amos Barton, $1,743. Any further discussion or
questions? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Now we'll
move to Budget Amendment Request Number 2.
MS. SOVIL: It's from the Sheriff's
Department. It's going to require two late bills -- hand
checks, one to Krauss Garage for $2,349.71. That's a late
bill; that's not a budget amendment, and that's for the April
statement. Arad one to H.E.B. for $171.26; that's for their
April statement. We apparently get charged a service charge
if it's not paid timely.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded that
budget -- were those late bills only that you were giving us,
Ms. Sovil?
MS. SOVIL: Well, that's the way Mindy gave it
to me, so I'm not sure.
COMMISSIONER BALDWIN: It must be --
MS. SOVIL: It must be a late bill, and part
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of it is probably for this investigative budget amendment to
H.E.B. Let me see, I have the bills here. Late bills for --
Krauss Garage is a late bill. And it says H.E.B.'s a late
bi11. So, budget amendment -- I'm not sure.
JUDGE TINLEY: Okay. Well, we're going to
take it out of order as late bills only, then. Motion's been
made and seconded to authorize payment to Krauss Garage,
being $2,349.71, and H.E.B., $171.26, I believe it was?
MS. SOVIL: $171.26.
JUDGE TINLEY: And authorize hand checks on
each of those. Is there any further discussion or questions?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Now, are we
to Budget Amendment Request Number 2? This is from the
Sheriff's Office.
MS. SOVIL: Same thing, sir.
JUDGE TINLEY: Okay.
MS. SOVIL: One's his original and one's
the -- one made up by the Auditor's office, 'cause you can't
hardly read his.
JUDGE TINLEY: Okay.
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	COMMISSIONER	BALDWIN: Same question	I had
last time.	Radio repairs.	What could that possibly	be? We
just spent	a million dollar	s on radios.	
	MS. SOVIL:	Cars.	
	COMMISSIONER	LETZ: Car radios.	
	COMMISSIONER	BALDWIN: You mean like	KTSA,
listening	to Rudy and Reno	Bob, or what?	
	MS. SOVIL:	No, it's the "Hello, Car	54, where
are ycu?"
COMMISSIONER WILLIAMS: That's what I thought
we spent a million bucks on.
COMMISSIONER BALDWIN: That's exactly what we
spent a million dollars on. I'm not arguing. I'm just --
COMMISSIONER WILLIAMS: Portable things?
Or --
COMMISSIONER BALDWIN: Just keep asking the
question, 'cause it will be back next month again.
JUDGE TINLEY: You're the law enforcement
liaison?
COMMISSIONER	BALDWIN:	I'm the	radio expert.
JUDGE TINLEY:	I see.	Chief in	charge of
tunes?
COMMISSIONER BALDWIN: Tunes, yeah. Maybe I
should ask that question of the Sheriff. I mean, I'm here
trying to do --
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JUDGE TINLEY: Good point.
COMMISSIONER BALDWIN: -- trying to do it
here, you know, as my job says I should. But -- so you want
us to approve this amendment, as written?
MS. SOVIL: Yes, sir.
COMMISSIONER BALDWIN: I make a motion, Judge,
JUDGE TINLEY: Motion's been made and seconded
by Commissioners Baldwin and Letz, respectively, that Budget
Amendment Request Number 2 be approved. Any further
discussion or questions? All in favor of the motion, signify
by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Budget
Amendment Request Number 3.
MS. SOVIL: Sir, that's open-ended. This is
-- Tommy didn't put where the money was coming from. I might
remind you, sir, that's a Juvenile Probation budget
amendment. You have an A.G.'s opinion that needs to be done
by the Juvenile Board.
JUDGE TINLEY: Mm-hmm. Yeah, I'm -- I don't
know the particulars behind this, as chairman of the Juvenile
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Board, and I obviously should. But this is a matter that
definitely needs to be addressed by the Juvenile Board, which
meets later this week.
MS. SOVIL: Mm-hmm. You might want to hold
this until --
JUDGE TINLEY: I certainly wouldn't have any
objection to that. In fact, I'd have some serious concern if
you gentlemen approved it in the current state that it's in,
as a matter of fact.
COMMISSIONER WILLIAMS: Same thing --
JUDGE TINLEY: I'll take it if you'll do it.
COMMISSIONER LETZ: Could take it out of your
salary item.
JUDGE TINLEY: It doesn't say where it's
coming from.
COMMISSIONER LETZ: That's what I'm saying,
from your salary line item.
JUDGE TINLEY: Alternate housing over $30,000.
That's a pretty significant item. I want to look at it.
COMMISSIONER WILLIAMS: That's not chump
change.
JUDGE TINLEY: No, it's sure not. If no one's
proposing formal action, we'll move to Budget Amendment
Request Number 4.
MS. SOVIL: Road and Bridge. This is that oil
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distributor that blew an engine. As you can see, it cost
$12,000 to get it fixed.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER WILLIAMS: Second.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion's been made and seconded
by Commissioners Baldwin and Letz, respectively, that the
Court approve budget Amendment Request Number 4. Any further
questions or discussion? All in favor of the motion, signify
by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: I~lotion does carry.
COMMISSIONER BALDWIN: I'd like to point out,
Judge, that that last amendment just then, there was a --
$12,000 to fix a piece of equipment. They didn't come in
here and say, "Okay, we need $12,000; where are y'all going
to get it," did they? They provided information and took it
out of their budget and found the money, and provided us with
a document that we could take action on. Not like
this knothead, Mickey Mouse stuff that was just in here. "We
need some money. Where are you going to get it?" That
doesn't work. This is a good way to do it here.
JUDGE TINLEY: Well, I would suggest to you
5-27-03
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the difference in the -- in the two approaches yielded two
different results, too.
COMMISSIONER BALDWIN: Certainly did.
COMMISSIONER LETZ: The question is, did they
fix the engine first?
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COMMISSIONER BALDWIN: Oh, yeah.
COMMISSIONER LETZ: Did they fix the engine
COMMISSIONER WILLIAMS: Oh. That's
COMMISSIONER BALDWIN: We really have
something to be mad about now, don't we?
JUDGE TINLEY: Oh, boy. Okay. The Court has
been presented with the minutes of the Monday, April 14th,
2003 regular session of the Kerr County Commissioners Court,
and the minutes -- or actually transcript in both cases of
the Monday, April 28th special session this year of the Kerr
County Commissioners Court. Do I have -- hear a motion that
these transcripts be approved as presented?
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded that
the transcript of the minutes of April 14 and April 28 be
approved as presented. Any further discussion or questions?
COMMISSIONER LETZ: I have a quick comment,
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which I don't know what -- just another one of those
lightning bolts that hit me sometimes. I just want to thank
Kathy for her doing these things. When I first got on the
Court, we had little cassette tapes, and it is unbelievable
how much better this system is than what was here when we
first -- when I first became a Commissioner, and thank you.
COMMISSIONER BALDWIN: So true.
JUDGE TINLEY: Very appropriate comment. Very
appropriate.
COMMISSIONER LETZ: It certainly aids in our
research of our own actions when we can't remember what we
did.
COMMISSIONER BALDWIN: True.
JUDGE TINLEY: Any further questions or
comments or discussion? All in favor of the motion, signify
by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. I've also
been presented with monthly reports from the -- appears to be
the County Treasurer, District Clerk, Justice of the Peace
Precinct 1.
(Discussion off the record.)
MS. ALFORD: That's where they pay the utility
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bills; it gives the Auditor and them the authority. It's an
old order.
JUDGE TINLEY: Certainly is, 1983. But it was
attached to --
MS. ALFORD: I don't know why it was attached
to it.
JUDGE TINLEY: Not certain what it was
attached to, but it has the -- the utility bill printout for
the current period from the Auditor's office with that copy
of the order. I presume it's evidencing the various utility
bills paid by them.
COMMISSIONER BALDWIN: '83?
JUDGE TINLEY: No, for the current -- for the
current usage period, disbursal date of May 16th of this
year. Dv I bear a motion that these reports be approved as
presented?
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion's made and seconded that
the -- that the reports as indicated be approved as
presented. Any further discussion or questions? All in
favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
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JUDGE TINLEY: Motion does carry. Do we have
any reports from the Commissioners that need to be rendered
to the Court at this time?
COMMISSIONER LETZ: I have one report, and
that is that Hermann Sons Bridge should be open this week.
May be open today. It's -- and I would say it's quite an
engineering feat, and this time they had a little bit of
experience, based on their knowledge of moving railroad cars
around rivers a couple years ago. I think this time they're
going to hopefully stay in place, but it's -- really, it's
amazing what Road and Bridge has done out there in
constructing it. And once they get the asphalt put on today
and tomorrow, you won't even be able to have any idea you're
driving across railroad cars. It's really a neat structure
that they've built. Hats off to Road and Bridge for what
they've done.
COMMISSIONER BALDWIN: Sheppard Rees Road has
been open for some time, but it will officially be completed
within a couple of days.
JUDGE TINLEY: Any other reports from
Commissioners?
COMMISSIONER NICHOLSON: I'm going to meet
tomorrow with -- on Animal Control issues with our Animal
Control officer and a representative from the City of
Kerrville and from the Humane Society and from the
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veterinarians, and we're going to consider whether or not to
recommend taking action on moving the rabies rule from one
year to three years, as allowed by new state law. But, more
importantly, we're going to look at how we currently do
things and what produces revenues and what produces costs,
and see if we can find a better way.
COMMISSIONER BALDWIN: Fantastic.
COMMISSIONER LETZ: That's a -- that's a
facility that -- or a program that we run that's doesn't get
a whole lot of thanks. It's very important to the county and
to the city. And experience has been, you know, when you
don't hear a whole lot, things are going fairly smooth.
COMMISSIONER NICHOLSON: Then you hear the
outrage when something goes wrong.
COMMISSIONER LETZ: Oh, yeah, you hear it when
we --
COMMISSIONER NICHOLSON: Whether or not
something goes wrong, you occasionally here some outrage, I'm
told.
COMMISSIONER LETZ: Right. When we happen to
euthanize a pet.
MS. SOVIL: Kitty.
COMMISSIONER LETZ: Even though the time --
the one I'm. thinking of, even though, in that situation, the
pet was not following our -- the County rules and was off
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property and without a tag.
JUDGE TINLEY: Any further reports from
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COMMISSIONER WILLIAMS: No, sir.
JUDGE TINLEY: Reports from elected officials
or department heads? We have one elected official with us
today, who chooses to remain silent. Any reports from
boards, commissions, or committees? I have r.o Road and
Bridge monthly report or Maintenance monthly report before
us. Anybcdy have anything further that would fall under the
current agenda? Being none, I'll declare the meeting
adjourned.
(Commissioners Court adjourned at 12:08 p.m.)
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138
STATE OF TEXAS ~
COUNTY OF KERR ~
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 3rd day of June, 2003.
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JANNETT PIEPER, Kerr County Clerk
B Y : ,~-~ `
Kathy B nik, Deputy County Clerk
Certified Shorthand Reporter
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ORDER NO. X8092
"~' AP'P'ROVAL OF N.ISD PAND POOSTERS
TO USE HILL COUNTRY YOUTH EXHIPITION CENTER
On this the 07th day of I+'lay, 0005 r.ipon motion made by
Commissioner Paldwin, secortided by Commissioner Williams, the
Co1_irt unanimously appr^oved by a vote of 4-0-0, for- F:er-~rvil2e
Independent School District £and ~aoosters the use of the Hill
'; - ~~-~ E>ilii~ition Cer7~~t~
Cor_intry ~ u~t~ ~ ~-, for a fesi: iv~11 on she Wee(,end
of 1~larch C-"T 2004 and Wa1Ye the f[: e.
ORDER NO. 2893
APF~ROVAL OF TEXAS I-IILL COUNTRY
1-';OME BUILDERS ASSOCIATION
TO RESERVE THE HILL COUNTRY' YOUTH EXHIBIT CENTER
On this the c7th day of May `OkS, ~_rpc;r-~ mot ion made by
Commissioner Baldwin, seconded by Commissioner Williams, the
Cnur,t unanimously approved by a vote of 4-0-0, for, tl~ie Taxas
Mill Cof_tntry Home B~_~ilde~,s A~saci_~tion to ;~~eserv~ -L-t-~r-_ itill
Country Youth Exhibit Center for ti-re end weekend in Febr~_rar~y
for ~0~+0 ti ~OOE.
ORDER N0. ~8093A
"' APPROVAL OF VARIANCE FOR UTILITIES
FOR RESERVE OF FALLING WATER, PCT. #3
On this tt-+e C7th day of May Ck~O:,, llpoTl motion made by
Commissioner Lett, seconded by Comr+~issianer' Nicholson, the
Co+_ir't unanimously approved by a vote of 4-0-0, the variance
for' utilities and telephone to be placed +_inder the roadway in
arEas approved by the Co~_~r+~ty Engineer' iTT Reserve of Falling
Water~~ in Precinct ~.
ORDER N0. 28094
..._ APPROVAL OF F I NAL PLAT FOR
RESERVE OF FALLING WATER, PRECINCT
On this the 27th day of May 2003, ~_ipon motion made by
Commissioner Lets, seconded by Commissioner Nicholson, the
Court unanimously approved by a vote of 4-0-0, the final plat
for Reserve Of Falling Water in Precinct 3.
i
ORDER N0. 28Q~95 ,
APPROVAL TO AUTF-IORIZE ROAD AND BRIDGE DEf~ARTMENT
TO HAUL MATERIALS
On this the 27th day of May 2Q~03, ~_tpon motion made by
Commissioner Let z, seconded by Commissioner L~aldwin, the Court:
unanimously approved by a vote of 4-Q~-0, to a~_ithori~e Road
and Fridge Department to haul materials to Red Rose Ranch for••
the 4--H.
ORDER N0.c809E,
~' APPROVAL TO AUTHORIZE THE SHERIFF'S OFFICE
TO APPLY FOR A
SWALM FOUNDATION GRANT
On this the L7th day of ~1ay cG~3, ~.~pon motion made try
Commissioner Williams, seconded by Commissioner Let-, the
Co~_~r~t unanimously approved by a vote of 4-@-Q~, to a~_ithor~i e
the Sheriff's Office to apply for a SWALI~ Fo~_indation Grant to
fund the pLlr'Chase of high--speed notification system.
ORDER NO. 28097
~. APRROVAL DF MUTUAL AID AGREEMENT FOR
MULTI-JURISDICTIONAL SPECIAL OPERATIONS UNIT
On this the 27th day of May 2003, ~_~pon motion made by
Commissioner^ Nicholson, seconded by Commissioner^ Baldwin, the
Gour-t unanimously appr^oved by a vote of 4-0-0, of tt~e Mutual
Aid Agr^eement of Multi--J~_~r^isdictianal Special Operations Unit
and author^iie Co~_rnty Judge to sign the same ~_rpon the appr^oval
of the County Attorney of }'.err, County.
ORDER NO. 28098
---~ APPROVAL OF JUNE 7, ^cOQ~? AS
"THE HONORABLE CONSTABLE DON MCCLURE DAY"
On this the 27th day of May 200, ~_~pon motion made by
Commissioner Baldwin, seconded by Commissioner Let z, the Court
unanimously approved by a vote of 4-0-0, of J~_ine 7, 200.? as
"The Honorable Constable Don McCl~_ire Day".
ORDER NO. 28Q~'39
...-.
APPROVAL ON ACCEPTING THE NEW REVISIONS TO THE
IiERR COUNTY PARES AND RECREATION MASTER KLAN
AND SET PUBLIC HEARING
On this the c:7th day of May X00?,, ~_~pon motion made by
Commissioner Williams, seconded by Commissioner, Letz, the
Co~_trt unanimously approved by a vote of 4-O=Q~, on accepting
the New Revisions to the I'~err~ Co~_inty Parks and Recreation
Master Flan and set a Public Hearing on 3uly 14, x:00.? at 1~
A. M.
ORDER N0. 28100
...- APPROVAL OF THE KERR COUNTY AUDITOR
TO DO ANNUAL AUDIT FOR
THE KERR COUNTY RURAL FIRE PREVENTION DISTRICT NO. 1
On this the c7th day of May 200C, upon motion made by
Commissioner Nicholson, seconded by Commissioner Lets, the
Court unanimously approved by a vote of 4-0-0, of the N.er,r~
Co~_mty Auditor to do ann~_~al a~_idit far the Kerr Co~_uity Rural
Fire Prevention District No. 1.
ORDER N0. ^c8101
"~ AF~F~ROVAL OF AMENDMENT N0. 1 TO
CONTRACT N0. 721075
PETWEEN KERR COUNTY AND
THE OFFICE OF RURAL COMMUNITY AFFAIRS
On tf~is tfie c7th day of May ~@03, upon motion made by
Commissioner, Lets, seconded by Commissioner' Williams, the
Co~_~r,t unanimously approved by a vote of 4-0-0, of Amendment
td0. 1 to Con~I:ract No. 701~-70, between Kerr Co~_mty and the
Office of R~.~r•al Comm~_inity Affairs and a~_ithori~e the Co~_mty
J~_idge to sign same.
ORDER NO. 2810
CLAIMS AND ACCOUNTS
On this the c7th day of May cO~Z-3, came to be consider^ed by
the Co~_rr^t var^ious commissioner^s' pr^ecincts, which said Claims
and Accounts ar^e:
10-Gener^al for, ~E5, G08. ~,1 ; 15-Road and Br^idge for^ X90, 77G. 84;
18--Co~_rnty Law Library for' ~c47.0~; 5@-Indigent Health Car^e for,
`~L-1,54G.4C; 8c~-Historial Commission for `~15,05'3.~D0.
TOTAL CASH REG?U I RED FOR ALL_ FUNDS : ~ 173, ~3~31. ~7
Upon motion made lay Commissioner Williams and seconded by
Commissioner Baldwin, the Co~_rr^t unanimously appr^oved by a
vote of 4-Q~--O, to pay said acco~_rnts.
ORDER N0. 28103
BUDGET AMENDMENT
IN COUNTY COURT AT LAW AND
THE 216TH AND 198TH DISTRICT COURT
On this the c7th day of May 2003, ~_rpon motion made by
Commissioner^ Let z, seconded by Commissioner^ Nicholson, the
Cour^t unanimously appr^oved by a vote of 4-0-0, to tr•ansfer^
~C, 307.21 from Line Item No. 10°-436-402 Court Appointed
Attor^ney and to tr-~ansfer^ ~cc:i.00 fr~•om Line Item No. 10-4~5-4~`
Court Appointed Attorney with X3,3`5.00 to Line Item No.
10-427-402 Court Appointed Attor^ney; with ~cc.'7.00 to Line
Item No, 10-435•-:',15 Honks-publication-D~_~es; with ~C1.00 to
Line No. 10-4J6-J1J Hooks--F'~_~blication--D~_~es; with '~JJi.~:i to
Line Item No. 10-4:,6-437 Co~_ir•t Tr•arrscr•ipts in the County Co~_ir•t
at Law, the 216th Distr^ict Cour^t and the 138th Distr^ict Cour^t.
--- The County Auditor and Co~_~nty Treasurer are hereby authorized
pay Late bills and to wr^i.te a hand check in the amount of
~ ~2ti:,5.00 to Cler^k, Supr^eme Court fr^om Line Item No.10-435-315
Hooks-s='~_~blications-Dues for• Judge Stephen H. Ables and to
wr^ite a check in the amount of ~2CC.00 to the Cler^k, Supreme
Court from Line Item No. 10-4J6-JiJ Honks--Rublicat ions-D~_~es
for Judge Emil Kar^1 F'r^ohI and to write a hand check in the
amount of X1,743.00 to Amns Hart on from Line Item No.
10-4c7-402 Co~_trt Appointed Attorney for Ca~_~se No. CR012133.
ORDER NO. ^c81 @4
ARpROVAL OF LATE RILLS AND HANDCHECN.S
FOR THE SHERIFF'S OFFICE
On this the 27th day of May 20V7._,, ~_ipon motion made by
Commissioner, Lets, seconded by Commissioner, Baldwin the Court
~_~nanimously approved by a vote of 4-0-0, to pay x.;4.70 from
Lir7e Item No. 10-°SE~~-490 and to pay ~iC6.SG from Line Item No.
10-560-208 to H. E. R. and to pay X19. 40 from Line Item No.
1~--512-4C4 and to pay ~LC.95 from Line Item No. 10--51C-45C and
to pay X1,779.51 from Line Item No. 10-56Q~-454 and to pay
X5`7.85 fr~nm Line Item No. 1-~-560--45~ to I:ra~ass Garage. The
Co~_~nty Treas~.~rer and County A~_tditor ar^e hereby a~_ithor-•i~e to
write a check in the amo~.~n•t of X171.26 to HEB and to write a
check in the amount of ~2,~49.71 to Krauss Garage.
ORDER N0. 281@5
RUDOET AMENDMENT IN THE SHERIFF'S DEF~ARTMENT
On this the 27th day of May 2@0?,, upon motion made by
Commissioner Baldwin, seconded by Commissioner Letz, the Court
unanimously approved by a vote of 4-0-0, to transfer ~527.f35
from Line Item No. 1~-56~--455 Vehicle cq~_iipment to Line Item
No. 1@-5~,0-45~ Radio Repairs and to transfer X136..36 from Line
Item No. 1~--56~~-104 Deputy Salary to Line Item No. 10-56k'~-2Q~8
Investigation Expense.
ORDER NO. 28106
"~' BUDGET AMENDMENT IN ROAD AND BRIDGE DEF~ARTMENT
On this the 27th day of May 200, upon motion made by
Commissioner Baldwin, seconded by Commissioner Let z, the Co~_irt
unanimously approved by a vote of 4-0-0, to transfer
$7, 145.00 from Line Item No. 15--611--575 Maintenance Facility,
to transfer $0,80-~t.00 from Line Item No. 15-611-57@ Capital
O~_itlay, to transfer $2,659.97 from Line Item No. 15-611-558
Vegetation Controi to Line Item Na. 15-611-450 Equipment
Repairs in the Road and Bridye Department.
ORDER N0. 28107
ACCEpT MINUTES AND WAIVE READING
On this the 27th day of May 2Qi0~, ~~pon motion made by
Commissioner Williams, seconded by Commissioner Leta, the
Co~_~rt unanimously approved by a vote of 4-Q~-~, waived reading
and appr~nved the following rt~inutzs: I:er~r County Commissioners
Co~_irt Reg~_~lar Session - Monday April 14, '~'4Z~iZ1.?, 9:0t~am and Kerr
County Special Commissioners Cn~_~rt •- Monday April 28, 2G~u
'3 : G4~ A. M.
ORDER NO. ^c81@8
AP'P'ROVAL OF MONTHLY REPORTS
Ors this the E7th day of May c~d~,?., ~_ipon motion made by
Commissioner, Baldwin, seconded by Commissioner Lets, the Co~_~r-t
~ananimo~_isly approved by a vote of 4-0-0, to accept the
following reports and direct that they be filed with the
C o ~_~ r-. t y Clerk far .r ~_~ t ~_~ r e a +_~ d i t
Linda Uecker~, District Clerk
Apri 1 COQ.?,
Vance Elliott, J.R. #1
Apri 1 Ct~03
Dawn Wright, J. F'. #`
April c00~