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KERR COUNTY COMMISSIONERS COURT
Regular Session
Tuesday, November 11, 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
November 11, 2003
PAGE
--- visitors' Input 3
--- Commissioners Comments 4
1.1	Approve renewal of contract with Attorney General	
	for participation of Texas Child Support Disburse-	
	ment Unit (TxCSDU) as amended ~ ,5~~ `~'"~	7~ c
1.2	Set public hearing for Revision of Plat for Lots	
	122 & 123 of The Horizon, Section One, ~~~ ~	g
1.3	Road name changes, regulatory signs, and roads to	
	be added or removed for County maintenance, set	
	public hearing date for same ~ ~`~ ~?~ ~l	14
1.4	Revision of court orders to reflect road name	
	changes to be voided ,~ ~'jCj ~	19
1 . 5	Privately-maintained road name changes ~ e~~~'~~'	23
1.6	Budget for Floodplain Administrations )"~ C'~	28
1.7	Administration of county Floodplain Program and	
	establish appropriate procedures ~-"-	28
1.8	Changes to and approval of Environmental Health	
	Department budget ~ ~ ~C' `~	4 6
1.9	Discuss transition of OSSF & Floodplain from UGR ~	~:~~`,/
	to Environmental Health Department/County Engineer	71
1.10	Merit pay policies and procedures ~---~	73
1.11	Permission to use courthouse & courthouse ground s X~~~~~
	on Nov. 22, 2003, for Christmas Lighting Ceremony	83
1.12	Approve contracts with Mountain Home VFD and	
	Center Point VFD, authorize Judge to sign same	86
1.13	Approve form contracts with County-sponsored t~ ~~`~s-1
	agencies, authorize Judge to sign same ,~ ~ i~('~(~,	87
1.14	Select member of Commissioners Court to serve on	
	Alamo Resource and Development Council ~~ ~~ ~('~ ~	91

4.1	_,
Pay Bills ~ f~'~L', ~"	
94
4 . 2	Budget Amendments ~ )'~C~ ~ --- ~ ~~~ ~l (	99
4.3	Late Bills ~ )'lf// -~ ~' ~/'L_	99
4 . 4	Read and Approve Minutes ~? '~'t~/ ~>	107
4.5	Approve and Accept Monthly Reports ~~t~"/~	109
---	Adjourned	113
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On Tuesday, November 11, 2003, at 9:00 a.m., a regular
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: Okay. I'll call to order the
meeting of the regular Commissioners Court posted for this
date, Tuesday, November 11th. It's now a bit after 9 a.m.
I believe this morning the honors belong to Commissioner
Letz.
COMMISSIONER LETZ: Please join me in prayer,
please.
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you. At this time, if
there's anyone who wishes to address the Court on any matter
that is not on the agenda, please feel free to do so. If
you wish to speak on a matter that is listed on the agenda,
we would ask that you fill out -- I believe it's called a
Participation Form; it's at the back of the room. And fill
that out and -- and send it up here so that when we get to
that item, we'll be able to remember to call on you. We'd
ask that you do that. But if there's anyone who wishes to
speak on a matter that is not on the agenda, please feel
free to come forward at this time. Sheriff?
SHERIFF HIERHOLZER: Just to let the Court be
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aware, the Judge did come out to the office and was part of
our yearly jail inspection the Jail Standards did on
November the 4th, and the jail did pass their inspection
with no noted deficiencies at all after about seven hours.
And I thank the Judge for coming out and being with them and
getting us through that part of the year again. That's all
I wanted the Court to be aware of.
JUDGE TINLEY: Thank you, Sheriff. Is there
anyone else that wishes to address the Court on a matter
that is not listed on the agenda? If not, we'll move on to
the next segment, Commissioners' Comments. Commissioner 3?
COMMISSIONER LETZ: Judge, I don't believe I
have anything to add, other than that, you know, we're,
again, thankful for all of our veterans; sort of a special
time for us to give a little bit of remembrance towards
them, and thank you for our troops that are abroad. Other
than that, that's all.
JUDGE TINLEY: Commissioner 4?
COMMISSIONER NICHOLSON: I'll pass.
JUDGE TINLEY: One?
COMMISSIONER BALDWIN: Ditto, Commissioner
Letz. That's it.
JUDGE TINLEY: Two?
COMMISSIONER WILLIAMS: Nothing.
JUDGE TINLEY: Okay. As the Sheriff
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indicated, I was present out there when a good portion of
the jail inspection was conducted last week. The inspector
for the Texas Commission on Jail Standards could not have
been more complimentary about the Kerr County Detention
Facility. Over and over again, he mentioned what a good
experience it was for him to come to a facility that was
operated as professionally and so totally in compliance with
all the applicable regulations, and his job would be much
easier if, in fact, others even remotely approached that.
So, I want to commend the Sheriff and his staff for the fine
work that they do out there. And -- and, apparently, this
inspection has been goinq this way for a number of years;
this is not the first time. And this is one of those things
that they could probably drop in nearly any day of the week
or month and find the same conditions. It's not one of
those deals where you spend two or three weeks or a month or
two getting ready for an inspection. Those people can drop
in on you at any time, and occasionally they do. And, based
upon the comments that I heard from the inspection people,
they find the same thing in our facility, and I appreciate
the Sheriff and his staff's efforts.
A couple other comments, if I might. Our --
our Family and Consumer Affairs Specialist, I believe is the
right terminology, with our Extension Department, Ms. Amy
Chapman, has recently completed a phase of her wellness
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program dealing with Type 2 diabetes. That was her focus of
the program, and apparently it's -- it's gotten very rave
reviews, both from the participants, and now from her
superiors, and I want to commend her for her activities in
that wellness program. That program has the potential of
being a very, very valuable tool to both courthouse
employees and citizens of Kerr County in helping them
discover a health problem they may not know that they have.
And, number two, helping in large measure to decrease health
insurance costs, both from the standpoint of experience
ratings and -- and premiums that are paid for health
insurance coverage, and secondly, for costs that Kerr County
has to pay under its Indigent Health Care program. So, it
teas the potential to be a -- a valuable resource, and I want
to commend Ms. Chapman for all her efforts.
Lastly, I know the members of the Court are
aware, but I wanted to recognize some people who are going
above and beyond, and those are jail inmates that are
helping finish out the area downstairs for our Environmental
Health Department. They're doing a bang-up job down there,
and it really, really looks nice, and they're working hard
and they're taking a lot of pride in their work. And I want
to commend Bobby Johnson and -- and his guys for the work
that they're doing down there, 'cause it really does look
nice, and so I wish to thank them for that.
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COMMISSIONER LETZ: Judge, on that note also,
it's a tremendous savings to the taxpayers.
JUDGE TINLEY: Oh, absolutely. Absolutely.
It's -- some of these -- some of these folks are real
professional craftsmen, and -- and they're not working
unwillingly. They're there -- they're working hard at what
they're doing; they're taking pride in their work, and
they're doing a very good job. And the cost to the
taxpayers for their labor, of course, is -- is practically
nil. So, I -- I think it's a -- I think it's a wonderful
program they got going there. And that's all I have. Let's
move on to the agenda. The first item is approval of
renewal of Original Contract Agreement Number 04-0266
between Kerr County and the Office of the Attorney General
for continued participation in support of Texas Child
Support Disbursement Unit, and amended to include provisions
for Kerr County providing customer service and payment
thereof by the Office of the Attorney General for the
Federal Office of Child Support Enforcement under Title
IV-D. Everybody understand that?
COMMISSIONER WILLIAMS: Oh, yeah.
JUDGE TINLEY: Okay. Ms. Decker had asked
that this item be placed on the agenda. I don't see her
here. Anyone have any heads-up about what the status of
this item is?
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COMMISSIONER BALDWIN: I don't, but I have a
question about it.
JUDGE TINLEY: All right, sir.
COMMISSIONER BALDWIN: I did real well
through most of it, and understand that we do this annually,
but when it got to the part about being amended to include
provisions, I'm not clear about that, what that means,
and -- and we don't have any -- I mean, the thing's not in
here for us to look at to see what's amended and what's not
amended, so I would -- what's amended? What's the
amendment?
JUDGE TINLEY: Good question.
COMMISSIONER LETZ: Let's pass it until
Ms. Uecker --
COMMISSIONER WILLIAMS: Why don't we defer
it?
JUDGE TINLEY: If she shows up later today,
we may come back to it. If no one has anything to offer,
we'll move on to Item 2, set a public hearing for the
Revision of Plat for Lots 122 and 123 of The Horizon,
Section One. Mr. Johnston.
MR. JOHNSTON: This is combining two lots,
122 and 123, into a large lot. Doesn't require notification
by mail; just requires a newspaper notification and a public
hearing. And I guess the date would be the date before
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Christmas, so that's the 22nd? Second meeting in December
would be the full 30 days.
COMMISSIONER BALDWIN: I move we set a public
hearing for Revision of Plat for Lots 122 and 123 of The
Horizon, Section One, on December 22nd at 10 a.m.
COMMISSIONER WILLIAMS: Second.
COMMISSIONER LETZ: Second -- third.
JUDGE TINLEY: Motion made and seconded that
public hearing be set for December 22nd of this year at
10 a.m. for Revision of Plat for Lots 122 and 123 of The
Horizon, Section One, Kerr County. 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. We will go
back to Item 1 now. I'm not going to reread the item.
MS. UECKER: Okay, that's fine. Good
morning. Basically, what this is, this is just the renewal
of the contract that's been in place since 1997 on the state
disbursement unit. And the -- I had it amended this time to
allow the contract to include customer service payments.
Since we already provide the customer service, this way
we'll get paid for it. Every time we have an inquiry about
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a child support case or a Title IV-D case, we'll get -- the
County will receive -- let's see, it's 66 percent of
whatever 75 cents is, every time there's an inquiry. Which
doesn't sound like a whole iot, and it's probably not, but,
you know, it does add up.
COMMISSIONER WILLIAMS: 50 cents.
MS. DECKER: Right.
COMMISSIONER BALDWIN: What is an inquiry?
MS. DECKER: If someone calls up and says,
you know, "Where's my child support check?" Any -- any
question regarding anything about that Title IV-D case. You
know, "How do I do this?" You know, "What number do I need
to call to get ahold of the Attorney General's office?"
COMMISSIONER BALDWIN: What do you tell them?
"Get your 50 cents up here and I'll answer it"? Or --
MS. DECKER: No.
COMMISSIONER	BALDWIN:	-- how	does	that	work?
MS. U'ECKER:	The feds -	- the	feds	will	pay
that.
COMMISSIONER BALDWIN: Oh, I see.
MS. DECKER: On our Stratus, which is the
State Disbursement Unit program, the computer program that's
hooked directly to that S.D.U. in San Antonio, when we pull
up anything on that screen, we have access to that screen,
and if we do any -- any kind of an inquiry on that case,
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there is a little flag that comes up. When you pull up the
case, after this is signed, it says, you know, "Did you
perform customer service?" And we'll check it, and when it
goes back there, it kind of logs -- and every county gets a
statement once a month for us to verify customer service on
all of these cases, and then the State sends us a check.
COMMISSIONER WILLIAMS: What is that check --
what fund does that check go to?
MS. DECKER: General Fund.
COMMISSIONER WILLIAMS: Pardon?
MS. DECKER: General Fund.
JUDGE TINLEY: Is there a conflict between
your acting as a child support collections disbursement
agent and the relatively new provision -- I think it came
into effect September 1 -- that provides that in all court
judgments, it should be directed to the A.G. child support
disbursement?
MS. DECKER: No. No, and all new case -- all
new payments will go to the S.D.U. See, the local registrar
is no longer a local registrar. All -- after 1997, all new
cases filed become Title IV-D cases. And it's -- you know,
we opposed it for many, many years, but this came down from
President Clinton's Federal Reform Act, and it's not going
-- see, we're no longer the registry. So, every order --
like, in that bill, it has to say that every payment goes to
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the S.D.U. The S.D.U. disburses that money, all cases
except pre-1994 cases. So, as long as we have 1994 cases
and before, we'll still actually receive and disburse money.
Now, we are receiving some child support cases in post-1994,
only because the S.D.U. is rerouting those payments on a one
-- a case-by-case basis. Except those after September 1 of
2003.
COMMISSIONER LETZ: Hope you understand all
MS. DECKER: So, eventually we'll be out of
the child support business, but that's going to be, you
know, 16 years down the road. See, what -- what happens,
every time a case is filed, the S.D.U. wants to know that
information, so as soon as a case is filed, we have to put
it into Stratus, which I have one computer that's furnished
by the Attorney General's office that -- of course, all the
computers, you can log onto Stratus, but we had to modify
them to be able to do that. But they want to know all of
the case information. They want to know dates, they want to
know names, birth -- dates of birth, how many children,
Social Security number, they want to know everything about
every case. And this goes into one huge child support deal
in the sky somewhere. But we get -- we get reimbursed for
that information also. In other words, they're paying us --
COMMISSIONER WILLIAMS: Is that where the 50
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cents comes from?
MS. UECKER: -- for the information. No, we
get more on those. Weli, it comes from the federal
government, actually.
COMMISSIONER BALDWIN: It's our money coming
back to us.
MS. UECKER: Right, it's our money.
COMMISSIONER BALDWIN: Need a motion? I have
a motion, Judge.
MS. UECKER: That's exactly right.
COMMISSIONER BALDWIN: I move for approval of
the renewal of Original Contract Agreement Number 04-0266
between Kerr County and the Office of the Attorney General,
and that includes the amendment.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Any further question 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.
MS. UECKER: If you'll returr_ those contracts
to me after you get them signed, Judge, I'll make sure that
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they get to the proper party.
JUDGE TINLEY: Thank you, Ms. Uecker. Next
item is consider road name changes in accordance with 911
guidelines, regulatory signs, and roads to be added or
removed for county maintenance, and set public hearing date
for the same.
MS. HARDIN: You have a list before you of
the road name changes. I hope these will be the last ones
for the year. We would like to set the public hearing date
for the 22nd of December so we can get it in before the end
of the year deadline. We have Taylor Road in Precinct 3 to
Airpark. We have a portion of Wilson Creek Road to be added
to Schladoer Road. One portion of Wilson Creek from -- from
Schladoer Road to be called Roane Road; therefore, that will
eliminate the Wilson Creek road name altogether. We have
Joelle Ranch Road to be Pigeon Roost, Country Lane to go
back to Sleepy Hollow and Sleepy Mountain Hollow. We have
Mountain Home Loop to go to Creekridge Trail. We have a
portion of Avenue C in Center Point to go to 4th Street.
Then we have three regulatory signs. We have 30
mile-an-hour on Beaver, a 45 miles-per-hour on Tatsch, soon
to be Lower Reservation Road, and a "No Dumping" sign ~n
Keagan South. We have two roads that the landowners have
suggested that we discontinue maintenance on. One is
Stubblefield Road in Center Point, and the other one, which
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we do not have all the documentation for yet, is Joe11e
Ranch Road. I hope to have that before the public hearing.
And then we need to add to Kerr County maintenance just the
name alone of Treiber Lane in Precinct 4. 411 foot of that
road was previously another road name, so we need to add the
Treiber Road name to the county --
COMMISSIONER BALDWIN: But we've always
maintained that 411 feet?
MS. HARDIN: Correct.
COMMISSIONER LETZ: Truby, there's another
one that -- I don't know if you're aware of it or not;
the -- for abandonment, Louise Oehler is working, and we're
waiting on the County Attorney to look at some law in there.
I don't know if we can do it this time or the next time.
There's no real rush.
MS. HARDIN: Do you think -- we could add it
to the advertisement and the public hearing on the 22nd. Do
you think they'll have the information by then?
COMMISSIONER LETZ: All we need to do is
verify that there's access in some of the prior deeds to the
land by the schoolhouse -- community center. Yeah, I think
we can add it. I don't think it's a -- if it can't be, it
can always be pulled.
COMMISSIONER WILLIAMS: What's the name of
it?
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COMMISSIONER LETZ: Louise Oehler. We
already received -- I've received notice; I can give you a
copy of it, of -- all the property owners have signed off
already.
MS. HARDIN: And the advertisement I have for
10 o'clock, but we can change that date if we need to -- I
mean time if we need to.
COMMISSIONER NICHOLSON: Truby, this Joelle
Ranch Road, is this off 1340 there near Japonica Cemetery?
MS. HARDIN: Yes, the first road out of Hunt.
They -- someone removed the street sign, but they want the
name changed. They have posted it as a private driveway,
which means we don't go down it. So we asked them, "Do you
want it to be maintained, or do you want it to be private?"
And they're in discussions on which way they want it to go.
COMMISSIONER WILLIAMS: Move the name changes
as presented, and authorize a public hearing -- or schedule
a public hearing for December 22nd at 10 a.m.
COMMISSIONER BALDWIN: You can't. I just set
one at 10:00.
COMMISSIONER WILLIAMS: 10:30 a.m.
MS. HARDIN: 10:30? Okay.
COMMISSIONER LETZ: Does that motion include
the regulatory signs, abandonment --
COMMISSIONER WILLIAMS: Yes, it does, all
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abandonment and removals, and the additions to maintenance.
COMMISSIONER LETZ: And the addition of one
more road for abandonment, Louise Oehler.
COMMISSIONER WILLIAMS: Yes, ma'am -- yes,
sir.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item, with the addition of Louise
Oehler Road to be considered as a part of it, and set a
public hearing on the matter for 10:30 a.m. on December 22nd
of this year. Any further question or discussion?
COMMISSIONER NICHOLSON: Yeah. I've got a
question for anybody on the court that can answer it, or
Truby. What sort of factors -- considerations go into
making a decision to abandon a County-maintained road?
COMMISSIONER LETZ: Basically, the way I've
done it, I think, with the one that I've just added, that
all of the property owners request it be done. I mean, I
don't think -- generally, they just need to understand that
if they do it, it's not coming back the other way. It's not
coming back ever, unless they bring it up to the County
standards.
COMMISSIONER BALDWIN: Your particular one,
Joelle Road, I understand there's one property owner all the
25 ~ way around it.
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MS. HARDIN: No, he sold off portions of
that.
COMMISSIONER BALDWIN: Oh.
COMMISSIONER NICHOLSON: Might be two.
COMMISSIONER BALDWIN: Okay, I didn't --
COMMISSIONER LETZ: But just a matter -- they
just have to understand that. I mean, they can limit
access, but then they also take over maintenance of it. And
they also have to -- like, on some of them, like on mine,
some of them are public -- I mean, some of them, they -- you
know, whether or not they're County-maintained or not really
doesn't make a whole lot of difference. They're still open
to the public.
MS. HARDIN: The Commissioners Court can also
request that it be taken from maintenance. And in the case
of a private -- if there's a sign that states it's a private
driveway, so the public is -- or if it's blocked off or
something, the State will not go down that road and count it
into our road maintenance if it has a "No Trespassing" or a
"Private Driveway" sign on it.
COMMISSIONER NICHOLSON: So, if we vote to --
MS. HARDIN: It can be a recommendation from
the Court or the Road and Bridge Department.
COMMISSIONER NICHOLSON: If we vote to
abandon that, they could choose to put a gate up, for
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example.
MS. HARDIN: Correct.
COMMISSIONER NICHOLSON: That answered my
question.
MS. HARDIN: In most cases, that's what they
do.
COMMISSIONER WILLIAMS: That's the reason why
they do it.
COMMISSIONER BALDWIN: And, basically, that's
what they've done with this -- with this sign --
COMMISSIONER NICHOLSON: I'm ready to vote.
COMMISSIONER BALDWIN: -- in my opinion.
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
on the agenda is to consider revision of court orders to
reflect road name changes to be voided.
MS. HARDIN: You have a list before you.
These are road name changes that were done by court order
for the 911 purposes. For -- for some reason or another,
they have decided that they don't want the name or it was
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done in error, and we just need to go back and correct those
court order numbers which you have listed before you.
COMMISSIONER WILLIAMS: Truby, Wyatt and
Dean?
MS. HARDIN:
COMMISSIONER
next agenda item as well, c
MS. HARDIN:
take it off the court order
COMMISSIONER
Mm-hmm?
WILLIAMS: That appears in the
~rrect?
That's correct, but we have to
where we changed it previously.
WILLIAMS: Okay, fine. Thank
you.
MS. HARDIN: I mean, or correct that court
order.
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: Any further questions on this
item?
COMMISSIONER NICHOLSON: Just for the benefit
of people in the audience, this does include the -- the
change of Country Lane back to Sleepy Hollow and Sleepy
Mountain Lane North.
JUDGE TINLEY: Okay. Do I hear a motion?
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item as presented. Any further
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question or discussion?
COMMISSIONER LETZ: Question. On the Wyatt
and Dean, is that way out Elm Pass? Is it that area?
Where's Dean Road -- or where's Wyatt?
COMMISSIONER WILLIAMS: Dean Road branr_hes
otf of what is -- what is and will become Wyatt Ranch Road.
Wyatt Ranch Road goes in off of Elm Pass way out there.
Correct, Truby?
MS. HARDIN: Correct.
COMMISSIONER WILLIAMS: It goes in, turns
around, goes all the way up to the Wyatt Ranch.
COMMISSIONER LETZ: Right.
COMMISSIONER WILLIAMS: Dean comes in at the
junction inside.
COMMISSIONER LETZ: Right.
COMMISSIONER WILLIAMS: And it was changed,
oh, several years ago -- three, four years ago, five years
ago. But this is -- what's her name? She's a Dean. I
forgot her married name. But it's not the way it should be,
because it goes off of the Wyatt Ranch Road down to only her
house ar.d one other, and the ether people don't want to call
it Dean Road.
COMMISSIONER LETZ: Okay. So, we're kind
Of --
COMMISSIONER WILLIAMS: Been out there, found
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that out.
back to Wyatt?
MS. HARDIN: It was changed. Originally --
COMMISSIONER LETZ: We're going from Dean
COMMISSIONER WILLIAMS: And the next one,
we're going to go to Wyatt Ranch.
COMMISSIONER LETZ: I understand. I know
where -- I thought I knew where it was. I was right, but I
wanted to -- I know those people.
SHERIFF HIERHOLZER: Is that ending a
duplication or adding another one with Wyatt Avenue?
COMMISSIONER WILLIAMS: You got Wyatt Avenue
in Center Point. That's why it's going to be called Wyatt
Ranch Road.
folks.
SHERIFF HIERHOLZER: Okay.
COMMISSIONER WILLIAMS: Already talked to 911
SHERIFF HIERHOLZER: Thank you.
COMMISSIONER WILLIAMS: You're welcome.
MS. HARDIN: Okay.
JUDGE TINLEY: Any further questions or
discussion? Ail in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
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(No response.)
JUDGE TINLEY: Motion does carry. Next item
is to consider privately maintained road name changes in
accordance with 911 guidelines.
MS. HARDIN: You have a great number of those
before you. We were trying to do it all before the end of
the year. I have one to add to it, and that would be -- and
I've already given it to Jannett, but it was Road Number
4028 to Firefly Lane West.
COMMISSIONER WILLIAMS: Firefly Lane?
COMMISSIONER BALDWIN: That's right next to
Dragonfly, if y'all are wondering.
COMMISSIONER WILLIAMS: Oh.
JUDGE TINLEY: Firefly Lane West?
MS. HARDIN: Yes.
JUDGE TINLEY: Okay. Firefly is all one
word?
MS. HARDIN: Yes, sir.
JUDGE TINLEY: All right.
MS. HARDIN: I tried to sort those by
Commissioner name. I hope they are.
COMMISSIONER BALDWIN: Truby, the number
4016 --
MS. HARDIN: Canon Canyon.
COMMISSIONER BALDWIN: Canon Canyon. Was
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there some change there?
MS. HARDIN: Yes, sir. That one is off of
Harper Road. It just had a number, and it went to Canon
Canyon. It's the same gentleman, just a different location.
COMMISSIONER BALDWIN: Okay. And so this
completes the name changes for the year, and once we approve
this, then 911 really moves forward, Colonel? With all the
programs?
MS. HARDIN: Does that mean my volunteer job
ends?
COMMISSIONER BALDWIN: No.
COMMISSIONER LETZ: Just one question.
COMMISSICNER BALDWIN: Your volunteer job?
COMMISSIONER LETZ: On the last one, where
Dean goes to East Wyatt, well, since we just vacated Dean,
Dean's no longer that name. Therefore, that road is now
Wyatt, so it should say Wyatt to East Wyatt Ranch, not Dean
to Wyatt Ranch.
MS. HARDIN: Okay.
COMMISSIONER LETZ: Just --
COMMISSIONER NICHOLSON: Five minutes ago, it
was correct.
MS. HARDIN: Could we just reverse those two
orders?
COMMISSIONER LETZ: I just think we need to

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add Wyatt after Dean in parentheses or something, just so we
know which one we ended up with.
COMMISSIONER WILLIAMS: That's correct.
SHERIFF HIERHOLZER: If I can make one
comment, though, the only problem I have is when most people
are calling in an emergency situation, they're going to use
the main road name, and if we're ending duplications, and
now you're adding one more Wyatt to the Wyatt we already
have, whether it's east, west, south, or avenue or ranch, I
think we're going to start creating a confusion for us out
in the county, 'cause the -- the 911 call doesn't say that,
especially if somebody's in a hurry.
COMMISSIONER WILLIAMS: Wyatt Street is in
Center Point.
SHERIFF HIERHOLZER: Is it Wyatt Street?
Wyatt Avenue?
COMMISSIONER WILLIAMS: Whichever.
SHERIFF HIERHOLZER: But that's the whole
problem I have.
COMMISSIONER WILLIAMS: This is Wyatt Ranch
Road. And to make it even easier for emergency responses,
the owners of the ranch, the Wyatt family, they're going to
put up signs inside that direct people to the two residences
that branch off of Wyatt Ranch Road, which is Mrs. Dean's
place and one other place.
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SHERIFF HIERHOLZER: I'm just concerned that
we're giving the same names again, even though we're adding
suffixes on them or prefixes; it's still the same road
names, which is what caused us confusion all the time.
COMMISSIONER BALDWIN: Rusty's absolutely
100 percent correct, but you have to take that up with the
7 911 people.
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COMMISSIONER WILLIAMS: 'Cause it was cleared
COMMISSIONER LETZ: And it's a fine line
between accommodating -- coming up with names that meet the
guidelines and accommodating the people. And I think, you
know, for the near term, they would -- there wouldn't be
much of a problem, 'cause they'd call it Wyatt Ranch,
because, I mean, that's where it is. Long-term, if a
subdivision is developed out there, I think there is a
potential problem.
COMMISSIONER WILLIAMS: Might be. But I'll
move the name changes as presented, with the correction.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the name changes as presented in the agenda
item, with the parenthetical that what's listed as "Dean" is
really now Wyatt, I guess, as a result of the Court's vote
just moments ago. Any further question or discussion?
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COMMISSIONER NICHOLSON: One -- one question.
I occasionally hear from the volunteer fire departments that
when we assign a name to a -- a road that either doesn't
have a name or has -- only has a number, if they don't get a
map, they just get this piece of paper that says Road 4022
is now North Campbell, they don't -- they don't know where
it is. So, my question is, do we give them the map, or do
they get that map from 911?
MS. HARDIN: 911 is --
SHERIFF HIERHOLZER: We've got maps from 911
to associate back and make it work.
COMMISSIONER NICHOLSON: That's -- on a few
occasions, that's drepped between the cracks a couple times.
MR. HARRIS: I think -- excuse me, sir. I
think if we ever get this thing straightened out, there will
be a new map come out, but they've got the maps now. All
they got to do is make the changes to them.
COMMISSIONER NICHOLSON: Well, yeah, I guess
that's right. If they know where to look.
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.)

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JUDGE TINLEY: Motion does carry. Next item
is consider budget for Floodplain Administration.
COMMISSIONER LETZ: Judge, this really is --
I think goes hand-in-hand with the next item as well.
They're, I think, the same topic, and I think they can be
handled as one. I really don't -- I mean, the
administration of it's related to the budget.
JUDGE TINLEY: Okay, let me go ahead and call
the next item, then, consider and discuss administration of
the Kerr County Floodplain Program and establishing the
appropriate procedures.
COMMISSIONER LETZ: I guess I'll get it
started, 'cause, I mean, I guess Dave and I have been kind
of -- this somehow followed along with O.S.S.F. Anyway, but
the -- at our last meeting, we asked Franklin to prepare a
budget and kind of think how it would work in Road and
Bridge Department, and he's done that. I think it's in the
packets. And I've talked with Franklin briefly about it. I
think the direction we need to go is that, you know, reduce
these numbers quite a bit and figure out how much it
actually takes. I really don't think we need any additional
staffing or anything at this time. I don't think we need
any additional computers at this time. I think we do need
to get up to speed on education, maps, things of that
nature, probably software. But I think, really, my
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overall -- the slower we go right now -- let's figure out
what we need, so we don't buy stuff that we don't -- that we
find out we really didn't need. And I think there's also a
little bit of an issue as to what, if anything, is going to
still come from U.G.R.A. in the map area. That's just kind
of where it is.
I mean, I appreciate Franklin looking at it
and coming up with some numbers, but until we really have a
little bit of history running it and finding out exactly
what needs to be done, and Franklin -- there's some sort of
reporting and things of this nature. Until, really, I
understand what management of the Floodplain means and what
the County's obligations are, it's hard for me to go too
much further than this. Kind of, for the next month, two
months, just put enough in the budget to get by. Franklin
did mention there's some reporting going on and things of
that nature, and I frankly just don't -- I just don't know
enough about floodplain administration to make an informed
decision today on a lot of these items. But, Franklin, with
that said, do you have any comments you want to add? Or --
MR. JOHNSTON: No. Basically, that's it. We
received what U.G.R.A. gave back to us, and it was about a
dozen boxes of files, and no furniture or anything. But we
put some information in there, just to get some file
cabinets and shelves to put all that stuff together. It's
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all sitting in my office right now in cardboard boxes.
COMMISSIONER LETZ: I think, on file
cabinets, I know kind of -- is Glenn in -- Glenn's not here
right now. The -- you have file cabinets, Ms. Uecker?
MS. UECKER: Sure do.
COMMISSIONER LETZ: We need a bunch. We need
some for Miguel downstairs at O.S.S.F., and I actually -- I
had mentioned to Glenn that he might need -- I think he's
planning to make a run down to the surplus -- state surplus
stuff in San Antonio later this week, but --
MS. UECKER: I told Mr. Holekamp that I had
file cabinets, and we could distribute some of them, but I
still have about two -- there's three, four, five -- how
many do you need?
JUDGE TINLEY: You might remind him.
COMMISSIONER LETZ: Might remind him.
JUDGE TINLEY: If it's been a while since you
mentioned that to him, that you still have some excess
remaining.
going to need?
MS. UECKER: How many do you think you're
MR. JOHNSTON: Need to be legal width.
MS. UECKER: Two?
MR. JOHNSTON: Two.
MS. UECKER: Okay. Yeah, we can get those.
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COMMISSIONER LETZ: And O.S.S.F. will need --
I think they need four or five at O.S.S.F.
MR. JOHNSTON: Maybe get one, put all these
books in. I have some 3-ring binders also. We can put
those --
MS. HARDIN: There's more information in
books and notebooks and stuff than there are files.
COMMISSIONER LETZ: Anyway, if you get with
Glenn, whether we need bookshelves or whatever, the surplus
out of San Antonio is a good source for that, and certainly
the most economical.
(Discussion off the record.)
MS. UECKER: We'll see what we've got.
MR. JOHNSTON: Okay, sounds good.
COMMISSIONER	LETZ:	To	me, I	guess	one of the
questions -- I know you went	to --	or	didn'	t you	go to a
seminar?
MR. JOHNSTON: Last week, there was a
two-and-a-half day thing over here in Kerrville, so --
COMMISSIONER LETZ: And I guess a little bit
as to, really, 1.7, as to procedures and how to set it up.
I mean, how do you envision it working, and what do we need
to do, if anything, with job descriptions? And then
compensation, in the short term, anyway? You know, you and
I visited a few minutes ago. My suggestion is that, rather
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than add additional clerical staff, to try to, you know,
see -- I just don't think there's that much that's going to
take place right away. Add it to Barbara -- I'd say Truby,
but she'd hit me. Add to it Barbara, and for the short
term, and if it gets to the point that we need -- you know,
it's a lot of clerical work, I think we'll just have to hire
another clerical person. But, in the short term, I think we
need, you know, to try to fit it in with the current staff
out there. I think the compensation, from your standpoint,
you -- I really think we need to keep track of it on an
hourly basis for a couple of months and see what the volume
is, and just take whatever your current -- you know, break
it down to your hourly rate and just apply that same hourly
rate.
COMMISSIONER BALDWIN: My questions would
be -- two questions. One, how many -- how many applications
do we have with that, regarding floodplain? There's not
that many.
COMMISSIONER LETZ: Like, 17 last year or
something.
COMMISSIONER BALDWIN: A year. 17 a year.
And then my same questions that I had for O.S.S.F. the other
day. Is -- you know, this reporting thing, is it really
more difficult than filling in a blank and mashing a button?
I mean, like -- like a form letter? And you fill in a
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blank-type thing and send it?
COMMISSIONER LETZ: I agree.
COMMISSIONER BALDWIN: What could it be?
MR. JOHNSTON: We're kind of feelinq our way
around. I know there's a new program -- there's a program
out there called Disaster Mitigation Act of 2002, and it
requires the County to do what they call a Hazard Mitigation
Plan; has to be approved by November of '04, and I don't
know what's been done. I haven't seen anything in their
files on what they've done on that. I don't know who does
it. I guess we do it. I guess we write it, but it's a
rather extensive program, I think, involving the public,
involving different agencies.
COMMISSIONER LETZ: That very well --
MR. JOHNSTON: Has to be approved by FEMA
before, you know, next year. That could take a lot of time.
COMMISSIONER LETZ: I would suspect that a
lot of that has been done by Chief Holloway.
COMMISSIONER BALDWIN: That's exactly what I
was going to say. That sounds like an Emergency
Management --
MR. JOHNSTON: For the county?
COMMISSIONER LETZ: Yeah, 'cause they did
the --
MR. JOHNSTON: Well, may have.
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COMMISSIONER WILLIAMS: Emergency management.
JUDGE TINLEY: For the entire county.
MR. JOHNSTON: Hopefully.
COMMISSIONER LETZ: So, anyway, I think
there's -- you know, in the next couple months, I mean,
'cause I don't think there's a huge rush of these permit
applications come in. Just kind of keep track and feel your
way through. Find out about that report, talk to Chief
Holloway and see how it all works, and come up with a kind
of a flowchart procedure, whatever, of how it ideally should
work. And, in the meantime, I think we put in a -- you
know, we probably -- office supplies, you know, the maps.
If we don't -- are not getting those topo maps back, we need
to get maps or get -- you can get those maps online, but
then you need a printer to print the maps, which may be a --
a better solution, to get a large printer for Road and
Bridge. I don't know what's, you know --
COMMISSIONER WILLIAMS: Does he have a
computer? Does your computer -- is it adequate to handle
these maps and all that kind of stuff?
MR. JOHNSTON: I think it is, yeah. I think
it is.
COMMISSIONER LETZ: 'Cause there's a -- from
Truby, there's a topo site you go to, and you can click on
it and come up with any topo map.
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MR. JOHNSTON: That might make a lot of
sense, because one thing I did find out in the meeting is
that all new FEMA maps are not coming out with these little
roadmap things that fold up any more; they're all digital
maps, which you'll have to download and print off yourself.
So, that big printer migYit be the way to go.
COMMISSIONER LETZ: Or I don't know that we
need a -- one of these huge -- I don't know much about
printers. Get with Shaun; that's probably the best thing.
Get with Shaun and find out what's available and what do we
need to meet the needs? 'Cause all that -- a lot of that
stuff is free online. I don't know if FEMA maps are going
to be, but I know all the topo maps are free. And, you
know, if it gets to the point that we are getting so many
applications and we need to buy maps, we can buy maps, but I
just don't think it's going to be that big of a volume right
now. I think the -- really, what we need as much as
anything in the next couple of months is procedures as to
how we handle disasters, 'cause we know we're going to have
them. You know, we get them on a pretty regular basis,
unfortunately, in this county. But we need to have a plan
in place as to who does what, and that needs to be
coordinated with Chief Holloway, and kind of some research
from --
MR. JOHNSTON: Maybe we ought to have a
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meeting with all these people and do disaster work, and
call, get together one time and talk about it, instead of
just meeting here and there.
COMMISSIONER LETZ: Right. And I think --
and find out also if you can maybe visit with some other
counties that administer. One that certainly comes to mind
is -- Guadalupe County deals with disasters probably on a
more frequent basis than we do because of the Guadalupe
River flowing through the county. So, I think there's
just -- research needs to be done, and I think we do need to
probably proceed with something in the budget, because --
COMMISSIONER WILLIAMS: We got training
coming up.
COMMISSIONER LETZ: We have training, we have
office supplies. We do have some things that we have to do,
but I don't think we need to spend much for the first couple
months until we have an idea, really, as to what we're up
against.
JUDGE TINLEY:
maybe, some of the functions
and Bridge, and so I need to
current functions, Mr. Johns
reviewing subdivision plats?
MR. JOHNSTON:
JUDGE TINLEY:
Maybe I don't understand,
that go on out there at Road
bring myself up to speed. Your
ton, are subdivision plats --
Mm-hmm.
And --
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MR. JOHNSTON: Administration of Road and
Bridge.
JUDGE TINLEY: Administration of Road and
Bridge? What all does that entail?
MR. JOHNSTON: Whatever comes up. No, it
entails -- I think the job description is spelled out in the
statute. There's a lot of items that we do out there that
has to do with Road and Bridge besides the platting.
JUDGE TINLEY: Ckay. And then you do
inspections as required under the Subdivision Rules?
MR. JOHNSTON: Mm-hmm.
JUDGE TINLEY: Okay. And those are the three
main areas that
MR. JOHNSTON:
JUDGE TINLEY:
MR. JOHNSTON:
hours; it's not a full 40 ho
JUDGE TINLEY:
MR. JOHNSTON:
Mm-hmm.
-- where you function? And
It's a limited number of
urs.
How many hours are those?
Averages about 15 hours a
week.
JUDGE TINLEY: 15 hours a week? Okay. Are
those established hours? I mean, at set times or days?
Monday, Wednesday, and Thursday? Tuesday through Thursday?
Or --
MR. JOHNSTON: I'm usually there -- I'm
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usually there every morning, and then whatever else comes
up, you know, whatever else we need to do.
JUDGE TINLEY: Okay. So, am I to understand
that you don't have specific office hours?
MR. JOHNSTON: No.
JUDGE TINLEY: Okay. Well, if -- if we're
going to get a handle on this floodplain thing, I think we
need to keep track of the hours that -- that are actually
spent on it. Do you presently maintain a log or other
record of the hours that you spend now on reviewing
subdivision plats, Road and Bridge administration,
inspections?
MR. JOHNSTON: No, I don't keep a time sheet.
The courts in the past have not wanted me to.
JUDGE TINLEY: Well, it would seem, if we're
going to separate those two out, we need to do that. It
would seem like the thing to do. How are we going to tell
the difference?
COMMISSIONER LETZ: I agree. I think we need
a -- basically, floodplain, you know, needs to be kept on an
hourly basis. And, I mean, I just went through the budget
that Franklin submitted, and what I would recommend is put
$5,000 under salary line item, $1,000 in office supplies,
$200, books and publications, $500 for fuel, and $2,000 for
training, and that's it until we -- that should be enough to
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get the training going. And the salary, you know, that
should be sufficient for, I think, probably the better part
of the year on an hourly basis. And if -- you know, if we
need more, we can always go back. I mean, let it go for a
couple months and come back sometime in January, say, you
know, after you've had some time to do a little bit of
additional training and get ideas as to the way other
counties are handling it. I think going to other counties
is probably, really, the best idea, because they've
obviously -- you know, every county has to do this,
especially if you have a river going through. Kendall
County clearly does the same function we do.
JUDGE TINLEY: Well, there's also in
transition, if I'm not mistaken, in the subdivision plats, a
movement towards requiring the developers and their experts
to be responsible and accountable for the various
certifications and inspections. That's at least my
understanding of where the direction is that we're going. I
see that as maybe reducing the amount of time that
Mr. Johnston has to spend on -- on his subdivision plats and
inspections, and maybe even Road and Bridge administration.
I don't know, because we've got no records to indicate how
much time is being spent there. I think it would be helpful
if we were to know the various functions he performs and how
much time he spends on any -- each of those functions so
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that we can see whether his duties are increasing,
decreasing, what he's spending on floodplain administration,
what he's spending on other functions.
COMMISSIONER LETZ: I don't disagree with
that. I think that the -- I mean, I think it would be
helpful to have a breakdown of workload so we can look at
that. But I see the -- in talking with Franklin, the
changes I see in the Subdivision Rules aren't necessarily a
reduction of workload. I think one of the problems we have
is a lack of monitoring, and I think he and I -- Franklin
and I were talking about it. It may not be something he
needs to do; may be something we need a clerical person to
do, but we need to get a better tracking system as to, you
know, they notify us that we're -- that they're doing -- you
know, building roads these dates or pouring, you know,
sealcoat, whatever they're doing, putting base down,
Boy, this must be a good discussion; I'm
getting two pictures of me at once. But the -- I just think
that we need to relook at that whole subdivision function.
I think there's some things we need to improve, and maybe
realign them to workload. I don't see that it's a reduced
workload with the changes, just because we're having the
reporting done. I think we still need to keep copies of it
and kind of monitor the whole inspection side of it,
probably better than we have in the past, so that we have,
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you know, some documentation to that effect. So I think
that, you know, there is some, I guess, madness to my going
with two months, because we have previously talked about in
January, after all the Subdivision Rules are done, to look
at that whole County Engineer function and how it needs to
fit in, and we can do this for two months -- budget for two
months. That would be the same time frame. We can look at
that overall job function in two months.
JUDGE TINLEY: I think it would be helpful to
know exactly what -- what's being performed in all areas
during that period of time, to take a look at it so we get a
better overall angle.
COMMISSIONER LETZ: I don't disagree at all.
JUDGE TINLEY: Anybody else got anything?
COMMISSIONER BALDWIN: Y'all actually agree
after all that?
JUDGE TINLEY: Yeah. Yeah.
COMMISSIONER NICHOLSON: We've got to get the
cost down some way. If I apply that -- the principle of
"user pays" to this -- I know you can't always charge users
enough to cover the cost, but if we applied that to this, an
application for a floodplain determination, the fee would be
more than $2,000. That's -- I don't think we can be
spending that kind of money to make floodplain
determinations.
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JUDGE TINLEY: Yeah. Under these numbers,
it's about a 6? percent return, by my calculations.
COMMISSIONER LETZ: Only a small part of it.
The floodplain administration benefits every resident in the
county, and if we don't have -- if we don't do it properly,
the down side -- the risk -- the cost to the County is far
more than the $7,000 that we're looking at here to budget.
COMMISSIONER WILLIAMS: Doesn't it also tie
into our ability to get flood insurance?
COMMISSIONER LETZ: Exactly.
COMMISSIONER WILLIAMS: If we don`t have the
program, nobody in the county can get flood insurance.
COMMISSIONER NICHOLSON; That's the fallacy
principle, that there's always downstream benefits to almost
everybody.
MR. JOHNSTON: Not only flood insurance, but
you don't get the -- after a flood, you don't get the
reimbursement from FEMA and all that.
emergency --
COMMISSIONER WILLIAMS: Right.
COMMISSIONER NICHOLSON: Not eligible for
COMMISSIONER WILLIAMS: We would not happen
to have money for maps and books and things of that nature?
COMMISSIONER LETZ: I put in -- maps, I think
until we can find out if we can use the online, I'd rather
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look at using the online maps initially.
MR. JOHNSTON: If we do those, we probably
need a way to print them off. Need a hard copy.
COMMISSIONER LETZ: And I don't know that --
we can print out a small one, which, I mean, you just can't
get a big map. I don't know how big you need, but I think
right now, if we can just get by with this, and then visit
with Shaun and see what you need on the capital outlay side,
and if there's something that would be beneficial to Road
and Bridge as a whole, and to Floodplain, you know, we
can -- a printer may be needed out there. I have a hard
time spending a whole lot of money on Floodplain by itself
if it's not a benefit to Road and Bridge as well. But I
would think a larger printer may be beneficial. I don't
know.
JUDGE TINLEY: Wasn't this function actually
performed by Road and Bridge in a prior life?
MR. JOHNSTON: It was performed by
Environmental Health.
COMMISSIONER LETZ: They were officed out
there. Maybe before that it was done, but, I mean --
JUDGE TINLEY: I was thinking at some time
back yonder, it was actually under Road and Bridge, and was
handled by whoever was the Road Engineer or administrator at
the time. A number of years ago, it's my understanding.
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COMMISSIONER LETZ: I think one of the things
that worries me the most is that we -- we do it right from a
federal reporting standpoint, and that we administer it
properly, because it is a -- the risk is very, very high to
the County if we don't do it right.
JUDGE TINLEY: I understand that.
COMMISSIONER LETZ: I think that we need to
make sure that we -- you know, we have the certifications
required and we do the proper procedures. I don't disagree
at all; we ought to try to -- need to look at the floodplain
determination fees and get an idea, once we find out how
much time it actually takes to do one, what that fee should
be. I think that they should pay for that portion of the
administration. But --
JUDGE TINLEY: So, I guess where we're going
is, we're going to try to get an actual determination of the
actual allocation of time of functions that Mr. Johnston
performs, and across-the-board, so that we can see how they
all dovetail together?
COMMISSIONER LETZ: Yes.
COMMISSIONER NICHOLSON: And Commissioner
Letz has proposed a temporary budget -- quote, "temporary"
budget. Interim budget.
MR. JOHNSTON: The first couple months
probably won't be typical. They'll probably be more
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training than actually doing anything, just to get up to
speed. But I'm glad to keep track of all of that.
COMMISSIONER LETZ: I just -- I mean, that's
arbitrary numbers that I wrote down. I just looked at
what -- I put $2,000 for training, and I looked at where, to
me, we had to start with some money. My eyes are bad; I
can't read that far away.
COMMISSIONER BALDWIN: Give it to us.
COMMISSIONER WILLIAMS: What's the number?
COMMISSIONER LETZ: Numbers I had were $5,000
in Floodplain Administrator salary, $1,000 in office
supplies, $200 in books and publications, $500 in auto
expense, and $2,000 in training.
JUDGE TINLEY: And that's a motion for
interim budget?
COMMISSIONER LETZ: Yes.
COMMISSIONER WILLIAMS: $9,700?
COMMISSIONER LETZ: Correct. And I really
think that the -- probably the salary portion is a little
bit high.
JUDGE TINLEY: I got 87.
COMMISSIONER NICHOLSON: I get 87.
COMMISSIONER LETZ: 87. You're right,
$8,700.
COMMISSIONER WILLIAMS: 87.
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JUDGE TINLEY: I have a motion. Do I have a
second?
COMMISSIONER NICHOLSON: I second.
JUDGE TINLEY: Motion made and seconded to
approve interim budget for Floodplain Administration; $5,000
for Floodplain Administrator, $1,000 for office supplies,
$200, books and publications, $500 for auto expense/fuel,
and $2,000 for training. Any further question or discussion
or. this? 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
that we have is consider and discuss changes and approval to
the Environmental Health Department budget.
COMMISSIONER LETZ: Somewhere, I have a
proposed budget.
COMMISSIONER NICHOLSON: Did all of you get a
copy of this proposed budget? Yeah. This was put together
by the Environmental Health Department manager and Tommy.
COMMISSIONER BALDWIN: Is it loose?
COMMISSIONER WILLIAMS: Yes, we just got it
this morning. It was in your box.
COMMISSIONER BALDWIN: You sure it was in my

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box?
COMMISSIONER WILLIAMS: No. It was in my
box.
COMMISSIONER NICHOLSON: Yes, it was.
COMMISSIONER BALDWIN: Okay, go.
COMMISSIONER LETZ: There's one modification
that Mindy brought to me. Line Item 640-420, telephone,
shows $1,700. That should be $1,200. And there should be a
new line item for lab testing -- laboratory testing of $500.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: And I'm not sure what
that account number would be.
JUDGE TINLEY: The bottom line is the same.
COMMISSIONER LETZ: Bottom line is the same.
COMMISSIONER NICHOLSON: Well, down -- the
salaries and payroll roll-up costs are fixed, so the --
starting down at Item 309, postage, is --
COMMISSIONER WILLIAMS: Before you get all
the way down there, Commissioner, explain to me, please, why
we have -- oh, I see, yeah -- why we have an $8,640
inspector.
COMMISSIONER NICHOLSON: That's our part-time
Solid Waste.
COMMISSIONER WILLIAMS: That's Solid Waste,
okay. Thank you.
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COMMISSIONER LETZ: And also, I believe the
manager's salary should be $31,000, not 33.
COMMISSIONER NICHOLSON: That's right.
COMMISSIONER WILLIAMS: This is 31?
COMMISSIONER LETZ: Yes.
JUDGE TINLEY: The --
COMMISSIONER WILLIAMS: Almost got a raise.
JUDGE TINLEY: Conferences, does that need to
be increased by the $2,000 difference for the training?
COMMISSIONER LETZ: Yes.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: I believe so.
JUDGE TINLEY: Should be $4,950.
COMMISSIONER LETZ: Right. And that is for
training specifically related to management.
JUDGE TINLEY: Management, yes.
COMMISSIONER LETZ: Management.
COMMISSIONER
included that training.
MR. ARREOLA:
COMMTSSIONER
COMMISSIONER
JUDGE TINLEY
NICHOLSON: I thought $2,950
Yes, it sure does.
NICHOLSON: Management training.
LETZ: Okay.
Okay. Thank you, Miguel.
MR. ARREOLA: Okay.
COMMISSIONER NICHOLSON: Stay up here, if you
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will, please, Miguel. Trying to get a handle or. these
costs, I looked at the Rabies and Animal Control budget,
simply because they're similar in some ways; about the same
size staffing, and they have vehicles, and they're out and
about doing things. And one -- one of the things that's
striking is that postage and office supplies are -- are
quite high in this budget compared to that -- to Rabies and
Animal Control. Miguel and I talked about that, and they
simply handle a lot of paper and do a lot of mahouts. And
they've got some -- some experience that suggests these
numbers are probably in line.
COMMISSIONER WILLIAMS: Probably have a good
deal of certified mail that goes out.
MR. ARREOLA: That's also right, yes, sir.
JUDGE TINLEY: Probably has to do with a lot
of the maintenance contracts, I would imagine, a lot of that
mahout .
MR. ARREOLA: Yeah, we do a lot of mailing in
that area also. It's expensive.
COMMISSIONER NICHOLSON: The other large
number in there is public education, and if you look down
toward the bottom, you'll see that the U.G.R.A. is going to
co-sponsor that with us, so net cost to the County is $3,500
on it. Commissioner Letz, is that a -- is that a one -- is
that going to be an ongoing cost? Do we envision spending
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that kind of money each year in the future?
COMMISSIONER LETZ: I think it would be less
in the future, and I think U.G.R.A.'s discussion with them
is only for this current year. I think they probably would
be willing to continue, you know, something jointly if it
works well this year. If it doesn't, obviously, we want to
each go our own way. But it was a way to do everything,
from kind of explaining the -- you know, what rules we're
going to be operating under to who -- you know, how the
County's -- just overall education on what the rules
actually say. For example, I think that we need to educate
the public that a change in -- a change in use of a property
requires licensing of that system under state rules. And I
think that a lot of people don't understand that. I think
we need to educate the public on the 10-acre exemption, as
to who actually that applies to. It does not apply to many
-- many situations. So, I think there's things of that
nature. That's where I envisioned that money going, into
areas, you know, as kind of a proactive, positive way to
educate the public. And -- 'cause I think that you really
need to do that before you can really start the strong
enforcement, and I think that will follow, or needs to
follow right after the public education or during the public
education phase.
COMMISSIONER WILLIAMS: At what point in this

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transitory process will we begin to take a look at this
educational component?
COMMISSIONER LETZ: As soon as Miguel has it
put together.
MR. ARREOLA: Probably be by end of the year.
So, once we get everything set up here and ready to go, then
it'll be the next thing to do.
COMMISSIONER NICHOLSON: If you get down to
the bottom line, it says additional funds needed for budget
amendment right at $27,000. Subtract the $2,000 --
actually, a little more than that, because the salary was
overstated, and then the roll-up.
JUDGE TINLEY: R~11-up's based on 33?
COMMISSIONER NICHOLSON: Yeah. Then you're
down at something under $25,000. Then you see that there's
two capital items that are not recurring. One's $22,000;
the other one's $10,000. So, in fact, we do need an extra
$25,000 or so budget funds, and that's -- from here on out,
the program should be self-supporting. And, in fact, the
$77,000 fees that we anticipate collecting is probably just
a little bit understated; it may be more like $80,000.
COMMISSIONER WILLIAMS: What is the $64,000?
EMS contract?
MR. ARREOLA: That is to -- from what I
understand, what U.G.R.A. was going to get paid to do -- to
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run the program.
JUDGE TINLEY: That was that --
MR. ARREOLA: They misstated EMS. It's not
EMS; it should be U.G.R.A.
JUDGE TINLEY: That was the allocation in our
current '03/'04 budget for the contract amount to go to
U.G.R.A. for administration of O.S.S.F. program.
COMMISSIONER LETZ: I don't think that -- I
mean, I don't think it's self-supporting, but it's less than
it was going to cost us.
COMMISSIONER NICHOLSON: Thanks for --
COMMISSIONER LETZ: Less than our current
contract would have been. The question I have on the
Capital Outlay, what does that include?
MR. ARREOLA: I think that's the vehicles and
the construction of the offices.
COMMISSIONER LETZ: Okay, it's the vehicles
and the computers. I think it looks reasonable. It's as
good as we can, you know, get from our preliminary budget,
and knowing that we may have to adjust some of these
categories during the year, 'cause it's the first time we've
done this in quite a while.
COMMISSIONER WILLIAMS: So, then, in addition
to the $64,000, which is already provided in our '03/'04
budget, we're going to allocate another approximately
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$25,000; is that correct?
COMMISSIONER LETZ: Mm-hmm, correct. And I
would -- I don't think we have a -- a source, other than
going through reserves for that funding. I think -- at this
time in the budget, I don't think we can -- you know, we
don't have any line item that has that much money in it, or
several line items that can come up with that much. So, I
would -- clearly, this is an unanticipated event. I think
it qualifies as an emergency. I'll make a motion that we
approve the revised Environmental Health Department budget,
with the modificaticns noted today, and that the additional
$24,932 come from reserves.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded to
approve the Environmental Health budget, as modified here
this morning, and to declare an emergency due to the nature
of the expenditures, and authorize the expenditure of
$24,932 towards that budget from reserves. Is that correct,
Commissioner Letz?
COMMISSIONER LETZ: That's correct.
JUDGE TINLEY: All right. Any further
question or discussion?
COMMISSIONER BALDWIN: Judge, my only
question is -- is to our attorney back there visiting with
the press. Does -- does this rise to an emergency? Simple
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question.
COMMISSIONER LETZ: He's looking.
COMMISSIONER BALDWIN: Nobody wants to answer
COMMISSIONER WILLIAMS: Well, I guess there's
another question, Was it an unanticipated expenditure,
since we've been talking about this for six months?
COMMISSIONER LETZ: It was unanticipated. It
was anticipated until October or September that U.G.R.A. was
going to administer this program this year, and we received
their letter in September, I guess, and we had 30 days
notice, which was unanticipated. Otherwise, we wouldn't
have put $64,000 in the budget for them to administer it.
COMMISSIONER BALDWIN: I'm not trying to
throw a roadblock up in any way. I just don't want to go to
jail.
COMMISSIONER LETZ: I agree.
SHERIFF HIERHOLZER: It's all right, Buster.
I got space. it's a nice jail; it passed inspection.
COMMISSIONER LETZ: I agree, it's a good
question. It needs to be answered, if it qualifies as an
emergency. I would think it would, considering some of the
other emergencies we've declared, but --
COMMISSIONER BALDWIN: I do too, compared to
some of the other things we've done.
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COMMISSIONER WILLIAMS: Well, there's the
County Attorney back there. Let's see what he says.
MR. MOTLEY: Does it qualify for the
expenditure of the funds? You talking about qualify as an
emergency, or are you talking about --
COMMISSIONER LETZ: Does it qualify as an
emergency to go into reserves to get the funds?
COMMISSIONER WILLIAMS: Additional funds
necessary to fund a new department.
COMMISSIONER LETZ: A new department that was
not anticipated at the budget.
COMMISSIONER BALDWIN: Is that an emergency?
MR. MOTLEY: I don't know that there's a,
quote, legal definition for an emergency.
COMMISSIONER BALDWIN: Oh, god.
MR. MOTLEY: Well, you asked me. I mean,
that's what I'm telling you. I don't know that there's a
legal definition for that. I think it's more of a layman's
understanding of the term "emergency." And I think
Commissioner Letz has said that -- and I think it was
probably -- I think from the time we got the written notice
from U.G.R.A. that they were not going to manage the
program, we only had one opportunity to put it on the agenda
at that point in time. I don't -- I hardly think somebody
could be expected to have a budget and everything all, you
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know, constructed at that point in time, within -- you know,
I don't even know how many days we had to get it on the
agenda at that point. It was after the budget for the
fiscal year had been thoroughly hashed and rehashed and
adopted. And so I -- you know, "emergency" is sort of a
relative term, it seems to me. But, I mean, it was no way
to be anticipated. It seems to me there's no way, really,
to anticipate what U.G.R.A.'s final actions were going to
be. Maybe our -- our people -- our liaisons, I guess you'd
say, with U.G.R.A. might have had some inkling that was
coming, but it seemed to me that U.G.R.A. made a point of
saying that they gave us notice when they did in order to
give us plenty of time to act, and the time was short to act
at that point. So -- but, I mean, as far as what is an
emergency for dipping into reserve funds, I'm not aware of
any, you know, cases on it. I'll be happy to look at the
statute for that purpose and see if there's any similar
situations that you can compare it to.
COMMISSIONER WILLIAMS: I have a question.
Why couldn't we just as easily raise the anticipated
Environmental Health fees by $25,000, avoid a transfer of
funds at this point, and raise the fees accordingly?
COMMISSIONER LETZ: I think we need to look
at our fees, but I think you get to a point of getting
unreasonable fees.
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COMMISSIONER WILLIAMS: I don't want to be
unreasonable, but I want this program to sustain itself.
COMMISSIONER LETZ: I think it will. The
reason for the -- the $25,000 is basically the $32,000,
which goes for capital expenditures and building improvement
or annex finish-out. So, if you take that $32,000 out of
the budget, which is a one-time expenditure, the fees would,
you know, go a long ways to support the program. But fees
weren't supporting the program before we took over the
department. We were paying $64_,000.
COMMISSIONER WILLIAMS: I know,
COMMISSIONER LETZ: And I think we need to
try to go in that direction. But, you know, I don't -- I
think that's a long-term direction; I don't think you can do
it at one time.
COMMISSIONER BALDWIN: Well --
COMMISSIONER NICHOLSON: As to the question
about whether or not it's a budget emergency, it occurs to
me that we've got a contractual obligation to administer the
O.S.S.F. program, and we're $25,000 short of being able to
meet that obligation, so that sounds like an emergency to
me.
COMMISSIONER BALDWIN: Well, that`s -- that
is a poor way to do that, though, is to put a program in
place and then come along, "Oh, yeah, we need money." I
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don't function that way. But the Sheriff assures me that he
has space for me out there. I'm ready to vote.
JUDGE TINLEY: And I want you to be aware
that it's in top-notch shape out there.
COMMISSIONER BALDWIN: Oh, yeah.
COMMISSIONER WILLIAMS: I'm not sharing my
room with you out there.
COMMISSIONER BALDWIN: Absolutely not.
SHERIFF HIERHOLZER: How are your carpentry
skills, Buster?
JUDGE TINLEY: Any further question or
discussion on the motion? Ms. Sovil?
MS. SOVIL: You might consider that y'all are
passing an annual budget, and you are already into the
second month of an annual budget. You've already had
$64,000 allocated to that line item. Why not just move the
$64,000; when you have expended all of that, then declare an
emergency and spend what you have to spend at the end of the
year?
COMMISSIONER WILLIAMS: And -- semicolon, and
raise the user fees accordingly to offset some of the
deficiency.
JUDGE TINLEY: That would certainly be one
option.
COMMISSIONER LETZ: That's an option, too.
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COMMISSIONER BALDWIN: Yeah, it is an option.
JUDGE TINLEY: Any further question or
discussion on the motion? All in favor of the motion,
signify by raising your right hand.
(Commissioner Nicholson voted in favor of the
motion.)
JUDGE TINLEY: All opposed, same sign.
(Commissioner Baldwin voted against the
motion.)
JUDGE TINLEY: Motion fails.
COMMISSIONER BALDWIN: We need to discuss it
a little bit more, I think.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: I don't see why we
have to do it today. We've got $64,000 already allocated.
There's going to be user fees coming in, so what's the sense
of emergency?
COMMISSIONER LETZ: We have to have money in
the budget so they can start getting paid.
COMMISSIONER WILLIAMS: You got $64,000 in
the budget.
COMMISSIONER LETZ: Well, you know, we can
start for a while, but I think you need to start working on
a -- a budget -- I don't think it's fair to ask a department
to run with no guidance as to what is expected.
COMMISSIONER WILLIAMS: I agree with that,
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but you've already got $64,000 in place.
COMMISSIONER BALDWIN: Well, irregardless,
it's going to have to come out of reserves, whether we do it
today or next month.
COMMISSIONER LETZ: If we need it.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: But I think it's a good
point; I think Ms. Sovil's point is correct.
COMMISSIONER BALDWIN: I do too. I think
you're going to need it.
COMMISSIONER LETZ: All we need is
eleven-twelfths of the numbers that we've just -- that my
motion included. And I would -- I think there's no reason
to budget that full amount. I think we should budget
eleven-twelfths of every line item, because one month is
fully gone out of the current budget.
COMMISSIONER WILLIAMS: Why don't we take a
whack at it in December?
COMMISSIONER LETZ: Well, I think we need
to --
COMMISSIONER WILLIAMS: Or later this month?
COMMISSIONER LETZ: We need to put something
in line items right iiow, because we need to operate; we
don't have money for office -- for anything.
COMMISSIONER WILLIAMS: What's the $64,000?
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COMMISSIONER LETZ: It's not in a line item
where it can be even expended.
COMMISSIONER WILLIAMS: Well, let's move it.
MS. SOVIL: Well, approve the budget and then
approve the budget amendment to move the money. And then
you're approving a budget, and that gives them the authority
to spend. You're just moving not quite enough money to
carry you through the full year.
JUDGE TINLEY: We can move the $64,000 by
budget amendment from the contract.
COMMISSIONER LETZ: We've already done that.
JUDGE TINLEY: Has that been transferred?
COMMISSIONER LETZ: That's already been done
by Court Order 28357, but it's not put into any line items.
We need to put it in line items so that they can start
expending the money where they need it for office equipment,
forms, things of that nature. And I don't have any problem
if we can -- just to get started, to take the $64,000,
divide it up proportionately the way it was submitted here.
COMMISSIONER WILLIAMS: Yeah.
MS. SOVIL: We don't have the money to
operate our budget that the Sheriff has until our tax money
comes in, so that shouldn't be any different than approving
-- just approve the budget.
COMMISSIONER LETZ: But we've approved --
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MS. SOVIL: Just approve the budget.
COMMISSIONER LETZ: Yeah, but we -- the
Sheriff's budget is based on the tax rate.
MS. SOVIL: Right. But we don't have the
full amount of money at the time we're approving it.
COMMISSIONER LETZ: But they're still
budgeted. We have a deficit budget this year because of his
budget.
SHERIFF HIERHOLZER: Oh, now, wait.
MS. SOVIL: I'm not touching that one.
JUDGE TINLEY: We're going to hear about
that.
COMMISSIONER WILLIAMS: Well, Sheriff, you
finally got yourself mixed up in O.S.S.F.
SHERIFF HIERHOLZER: How did that ever come
about? I know, I'll just make y'all trustees, and we'll
have -- we'll all get the work done.
COMMISSIONER LETZ: I don't care how much
money we put in these line items. I just think we need to
put enough to get that department up and running, give
Miguel the money he needs to operate.
COMMISSIONER WILLIAMS: I don't disagree.
You got $64,000 plus an anticipated $77,000. Why couldn't
those dollars be allccated, see where it takes it?
COMMISSIONER LETZ: We can do that, take 64
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and 77 and divide it proportionately.
COMMISSIONER WILLIAMS: I move that we take
the $64,000 that's already allocated for Environmental
Health, in addition to the anticipated fees of $77,000, and
apply them appropriately to the budget that's been submitted
for the Envircnmental Health Department.
JUDGE TINLEY: And the same ratios as the
numbers now appear?
COMMISSIONER WILLIAMS: Yes, sir.
JUDGE TINLEY: Okay. I have a motion. Do I
hear a second?
(No response.)
COMMISSIONER LETZ: I'll make a motion --
JUDGE TINLEY: Motion fails for lack of a
second. Do I hear a further motion?
COMMISSIONER LETZ: I make a motion that we
approve a budget with the amounts listed for the -- but
reduce them to eleven-twelfths for the year, and the
moneys -- the additional funds would come from reserves.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: On the basis of a declared
emergency?
COMMISSIONER LETZ: Yes.
JUDGE TINLEY: Motion made and seconded that
the budget be approved as amended, but reduced
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proportionately by one-twelfth in each line item, and that
an emergency be declared, and the difference over and above
the $64,000 and anticipated revenues of $77,000 come from
reserves.
COMMISSIONER WILLIAMS: Question. What is
the amount that's going to come from reserves?
COMMISSIONER LETZ: Take 185,250;
eleven-twelfths of that's going to be the budget.
MS. SOVIL: I'll go calculate it.
JUDGE TINLEY: On my table back there in the
back, in that big table, there's a big calculator, if you
would, please.
COMMISSIONER LETZ: I come up with
$169,812.50; just say 812.
(Judge Tinley used calculator.)
COMMISSIONER LETZ: That's total budget?
JUDGE TINLEY: That's the amount coming from
reserves.
COMMISSIONER BALDWIN: What is the amount?
COMMISSIONER LETZ: 14,312 -- 313.
COMMISSIONER WILLIAMS: How much?
COMMISSIONER LETZ: $14,313.
(Discussion off the record.}
COMMISSIONER BALDWIN: And what was the
amount that we have budgeted to send over there? Sixty --
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COMMISSIONER LETZ: $64,000.
COMMISSIONER BALDWIN: 64. And you added
those two numbers together, and that's -- and that's the
budget; is that right?
COMMISSIONER LETZ: Budget 64 plus 77 plus
3,500 plus 14,313.
COMMISSIONER BALDWIN: I see, okay. So, as
far as that court order is concerned that we're voting on
right now, we're talking about $14,313?
COMMISSIONER LETZ: To come --
COMMISSIONER BALDWIN: Coming out of
reserves?
COMMISSIONER LETZ: Correct.
COMMISSIONER BALDWIN: I didn't know there's
that much money in the whole world.
MR. ARREOLA: Question. Were you going to
do -- $24,932 was the original number, and then do
eleven-twelfths of that? Did I understand that right?
COMMISSIONER LETZ: Well, we just reduced
every line item proportionately.
MR. ARREOLA: Oh, okay.
COMMISSIONER LETZ: And it came out with a --
MR. ARREOLA: 'Cause we're going to need
$24,932.
COMMISSIONER LETZ: But you`ve already
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spent -- one month's gone.
MR. ARRECLA: So, we're going to do -- one
month's gone only of those 24,000?
COMMISSIONER LETZ: $14,313.
COMMISSIONER WILLIAMS: Which line item are
you speaking to?
MR. AR.REOLA: The last one, the additional
funds needed for budget.
JUDGE TINLEY: Well, actually, we need to
take out the -- we need to take -- out of the $169,432, we
need to take out the capital outlay and the annex finish-out
too, so that figure's going to change.
COMMISSIONER LETZ: I believe we have enough
in those line items right now to take it out. Judge, I
think the capital outlay expenditure is going to be less
than $22,000. I think the finish-out will be less than --
like, $10,000.
JUDGE TINLEY: That can't be right; I missed
a digit there.
(Discussion off the record.)
JUDGE TINLEY: I took -- took capital outlay
out, took eleven-twelfths, then added the capital outlay
back in, and then subtracted the 77 and the 64.
COMMISSIONER LETZ: We need a new motion.
COMMISSIONER WILLIAMS: What new number did
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you come up with, Judge?
JUDGE TINLEY: $16,980.
COMMISSIONER WILLIAMS: Of reserves?
JUDGE TINLEY: Yes.
COMMISSIONER WILLIAMS: 16 --
JUDGE TINLEY: 980.
COMMISSIONER LETZ: And declare --
COMMISSIONER WILLIAMS: What's the total
budget?
JUDGE TINLEY: Total budget would then be
$157,980.
COMMISSIONER LETZ: Let me amend my motion to
all budget categories except capital outlay and annex
finish-out will be reduced by eleven-twelfths.
COMMISSIONER NICHOLSON: One-twelfth?
COMMISSIONER LETZ: Reduced by one-twelfth,
correct.
COMMISSIONER NICHOLSON: Reduce to
eleven-twelfths?
COMMISSIONER LETZ: Reduce to
eleven-twelfths, and that would give us a total budget of
$157,980, and $16,980 will come from reserves, the balance
of that budget.
COMMISSIONER NICHOLSON: I second that
amended motion.
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JUDGE TINLEY: I have a motion and a second.
Any further discussion or question? 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: On which one -- what --
we're under 1.8?
JUDGE TINLEY: Yeah, that was under 1.8. How
long are you going to take on 1.9?
COMMISSIONER LETZ: I only have one very
short item on 1.9.
JUDGE TINLEY: Okay.
MR. MOTLEY: Judge Tinley?
JUDGE TINLEY: Yes?
MR. MOTLEY: The statute here talks about --
under the budgeting, requires that the -- if there's receipt
of revenue from a new source not anticipated before the
adoption of the budget and not included in the budget for
that year, that those funds may be -- the Court may adopt a
special budget for the limited purposes of spending that new
revenue for those purposes.
JUDGE TINLEY: That's exactly what we did.
MR. MOTLEY: And that seems to comport with
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what the Court did. It was anticipated that that would be
an expenditure, and the expenditure's no longer necessary,
and instead, that will become a revenue to the County by
virtue of fees and such that would be received. And, in
addition, this idea of the emergency provision, grave public
necessity is a decision typically left up to the
Commissioners Court as a matter of determination of fact,
and I'm not sure -- this money that we're talking about
transferring from unencumbered funds, I mean, it's really
not raising -- it's not raising taxes or raising funds;
they're funds that were already, quote, in the budget. They
weren't -- there's a surplus line item or whatever, county
reserves, whatever you call it, so it was in the budget.
It's not -- in other words, I think the -- the key issue
that would trip the provision -- this emergency provision
would be to have to raise additional tax funds or have a new
levy or something like that. And I think none of that is
required by what the Court's done, so I don't -- I don't
see -- and the Court is able to transfer funds from line
item to line item as it sees fit, and it seems to me that
this is more in the nature of transferring funds from a --
from these unencumbered funds over to this new expenditure.
JUDGE TINLEY: Okay. We11, what we actually
did was we anticipated the $77,000 in revenue, which had not
been anticipated in the original budget, because at the time
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of the preparation of budget, we did not anticipate that we
were going to be operating the program; therefore, receiving
those fees. In addition, we transferred over the $64,000
that we were going to pay in contract costs for the
administration of that program by a third-party into this,
and it still left us some almost $17,000 short. So, it was
for that that we declared the emergency, and the Court
apparently took the position that, in our view, at least, it
was an emergency. We declared an emergency and went to the
reserves for the $16,980, so I -- I think we`ve got all
three of them covered.
MR. MOTLEY: I believe that's fine. I just
want to read one other thing. It says the Commissioners
Court may transfer an existing budget surplus during the
fiscal year to a budget of a similar kind and fund. It may
not increase the total of the budget. So, I don't think the
total of the budget has been affected in one way or the
other. Am I mistaken on that?
COMMISSIONER BALDWIN: I think you are
mistaken on that.
JUDGE TINLEY: Yeah, $17,000.
COMMISSIONER BALDWIN: The reserve fund is
outside the budget.
MR. MOTLEY: Okay. All right. I just
thought it was something that was provided for as a
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baseline; what was there last year, what was there this
year, that it was written up in the budget document. In any
event, I think the Court has gone outside, and I don't see
that the Court could have reasonably anticipated at the time
it was given notice that this obligation would be on the
County's shoulders, so --
JUDGE TINLEY: Thank you.
MR. MOTLEY: -- I don't think there's a
problem with that.
COMMISSIONER BALDWIN: So, Rusty, cancel my
room.
SHERIFF HIERHOLZER: I'll just cancel your
suit, Buster. A black and white one was reserved already.
JUDGE TINLEY: No more watering the soup.
Consider and discuss the transition of the O.S.S.F. and
Floodplain program from the U.G.R.A. to the Environmental
Department and the County Engineer respectively. Have we
not pretty well covered all these, or have we got a catch-up
item to do?
COMMISSIONER NICHOLSON: I've got a couple.
The three employees that we hired from the U.G.R.A., we had
told them that their effective date of employment would be
November 3rd, and tYiat they would be eligible for medical
insurance in 30 days. Turns out that -- I'm told that the
waiting period requires that they be on it for a full month,

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so in this case, they would be required to wait 59 days
before eligibility for insurance. So, I have a motion to
cure that, by -- by changing the court order that made their
employment date November 3rd, to change it to November 1st.
COMMISSIONER WILLIAMS: Second.
COMMISSIONER LETZ: Second -- third.
JUDGE TINLEY: Motion made and seconded to
change the employment date of the O.S.S.F.
Inspector-slasr~-Manager and the -- and the two clerical
personnel that were hired from November 3rd, 2003, to
November 1st, 2003. Any further question or discussion on
the motion?
COMMISSIONER BALDWIN: That fixes the
insurance problem?
COMMISSIONER LETZ: Yes.
COMMISSIONER BALDWIN: Three days?
COMMISSIONER LETZ: It's the calendar month,
so I've been told.
JUDGE TINLEY: Any further question 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: Anything further under that
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particular agenda item, gentlemen?
COMMISSIONER LETZ: I think the only other
item is just a report item, and it's just from a -- the
Court's aware of kind of what I think Dave and I -- or I
told both Miguel and U.G.R.A. that any fees that are being
collected in the interim are going into the U.G.R.A.
account; they're going to reimburse us once the transition
is complete. It was easier to do it that way, rather than
go ahead and have people run back and forth from the
courthouse to U.G.R.A. office to, you know, handle that.
But that will -- you know, for both entities, it seemed like
the sensible way to do it.
JUDGE TINLEY: Best practice solution.
COMMISSIONER LETZ: Right. And, as I
understand it, the move will take place either this Friday
or this -- or a week from yesterday, Monday, depending on
how work progresses.
JUDGE TINLEY: Any further items, information
or otherwise, to come under that agenda item? If not, I'll
declare us in recess until a quarter till 11:00.
(Recess taken from 10:29 a.m. to 10:45 a.m.)
JUDGE TINLEY: Next item on the agenda -- we
will reconvene at this time. It's a bit after 10:45. Next
item on the agenda is consider and discuss adopting merit
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pay policies and procedures.
COMMISSIONER NICHOLSON: This is a rewritten,
altered merit pay policy based on the suggested changes that
were made in our last Commissioners Court meeting. And
those changes are, under Definitions, the definition of
meritorious job perfcrmance, the last sentence was added
to -- to include employees who -- whose performance exceeds
the normal job expectations and accomplish significant or
sacrificial results regardless of budgetary impact.
Earlier, we had said that nominations would be only for
those employees who the job performance resulted in cost
savings or revenue increases, and in our last meeting we
talked about examples, such as Sheriff's deputies that have
the opportunity to do that, but they do other sacrificial or
heroic performance that would deserve a nomination. The
second change is the Procedures, the nominations, and
increase effective dates to do that four times a year
instead of once a year. And the third change was in the top
of the second page, Notification, to make it clear that, in
addition to notifying supervisors, that the County Treasurer
needs to be informed of any approved nominations and the
amount of pay increases.
COMMISSIONER LETZ: I like it better.
JUDGE TINLEY: Ms. Decker? You have -- I'm
shocked -- something to say?
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MS. UECKER: That wasn't very nice. Although
I support a policy tc grant merit increases, I think this
one may have its problems. Commissioners Court does not
have the authority to determine the recipient of a merit
increase. A.G. opinion DM-273 says "the Commissioners Court
shall exercise such powers and jurisdiction over all county
business as is conferred by this constitution and the laws
of this state. The court may exercise only those powers as
the constitution or the statutes expressly grant, and no
others." And there's also some case law in JM -- A.G.
Opinion JM-430, Tarrant County vs. Smith, SW 2d, 8537. "A
distinction must be drawn between authorizing general salary
increases and determining which individual shall receive
those increases. See also Opinion H-1113," Renfro vs.
Shropshire, which is a Travis County case, is on point where
it states that "The Commissioners Court has no legal right
to screen applicants or to veto appointments by a County
Clerk into positions at various steps."
Then there's several more recent opinions
that say that the Commissioners Court may, in effect, tell
the official what resources it will place at its disposal,
but may not micromanage the decisions as to the use of those
resources. And there's -- there's several others, and I
have copies of them. And I think the -- your plan is a
little bit unclear as -- I mean, I like the concept, and I
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like the policy -- I mean, the construction of it, except
that it's unclear as to, okay, today we're going to do --
we're going to have to decide who gets an increase. Okay.
Are we going to do four out of five? Could it be that all
of them could be granted? Or are we going to do 30 percent,
or -- or what? I don't think the policy is clear.
COMMISSIONER LETZ: I think you're missing
the point. I can assure you that if you come down here with
your whole department getting a merit increase, the answer
is no.
MS. UECKER: No, that's not my question.
What I'm saying is -- what my question is, if everybody in
-- if every elected official comes in with an appointment,
is it going to be the policy that they may all get it? Or
today we're going to do two out of four?
COMMISSIONER LETZ: I think they may all. I
think there's some budget constraints, but I think that -- I
mean, you're looking at -- there may be one or two a year,
the way I see it. I don't think -- I mean, this is a merit
-- this is a -- this is above and beyond.
MS. UECKER: Well, and I understand that.
COMMISSIONER LETZ: But this is also one of
the reasons I wasn't in favor of it early on, but we did
vote for it. I think we need -- we'll give it a shot.
MS. UECKER: Well, I apologize that I wasn't
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here the first time this came up; I was in a training class.
If I might offer up a suggestion, just an alternative, is I
think the statutes allow -- and the County Attorney can help
me here -- that a salary grievance committee may be composed
of each elected official, including the County Judge, one
appointee from the Commissioners Court, and -- and a
department head to make those decisions, rather than the
Commissioners Court. You know, and the reason this came
up -- and I know this has been an issue in some of the
larger counties, and there's been many, many A.G.'s opinions
written on -- on the subject.
COMMISSIONER LETZ: T mean, I guess --
MS. UECKER: I mean, I don't want us to do
something that's not legal.
COMMISSIONER LETZ: I don't see, from the
things you read -- and I think it needs to be run by the
County Attorney -- that we can't do this. I mean, based
on -- if we can't give a merit increase, well, then we can't
give any merit increases ever.
MS. UECKER: It says generally you can't.
But the Court cannot determine -- determine which of those
employees will get a merit increase.
COMMISSIONER LETZ: We vote on the budget.
MS. UECKER: Generally, yes, you do. You
vote -- but when it comes down to saying, "This merit
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increase is granted and this one is not," based on
applications from elected officials, I don't think you can
do that.
COMMISSIONER LETZ: How is that different
than if we do it during the budget process? You reorganize
your department and recommend a new salary level for certain
employees, and we approve it.
MS. UECKER: That doesn't -- that doesn't
have anything to do with merit increases. 'Cause you're
generally -- see, you're generally -- when you -- when we
come in there, you're saying, okay, this salary line item is
approved, generally. Of course, there -- there's going to
be a merit increase, but you have not specifically decided
that Jane Doe is going to get a merit increase.
COMMISSIONER WILLIAMS: Or Joe Doe is not.
MS. UECKER: Right, exactly.
COMMISSIONER BALDWIN: I agree. Of course,
-- of course, the opinion that you cited was a Jim Mattox
opinion, which does not apply to Kerr County. (Laughter.)
MS. UECKER: And there are several newer
ones. And, you know, I just wanted to bring it up,
because --
COMMISSIONER BALDWIN: Yeah.
MS. UECKER: -- I think it does have its
problems.
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COMMISSIONER BALDWIN: I'm not sure that the
committee is the right -- that particular committee is the
right place to put it, either. But the language that the
Commissioners put in here about -- about how it affects the
budget -- I've lost it now.
MS. UECKER: It says regardless of impact.
It's in the middle of the page, meritorious job performance
or sacrificial results regardless of budgetary impact. Is
that the one you're referring to?
COMMISSIONER BALDWIN: No. Stand by for a
second.
MS. UECKER: I mean, I guess the point I'm
trying to make is -- and, you know, I've been here a long
time. I've seen this happen. When we were doing job
studies, reevaluations and salary studies, we -- you know, I
fear that it's going to be whoever can fluff up their
application the most.
COMMISSIONER NICHOLSON: Well, you're not
giving us enough credit.
MS. UECKER: Well, no.
COMMISSIONER NICHOLSON: I can tell the
difference between routine, everyday, get-to-work-on-time
performance and meritorious performance.
COMMISSIONER BALDWIN: I can too. But I
agree with you, I -- and I never have thought that that
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should be the place for the Commissioners Court to make that
decision. I -- I see a major train wreck coming with the
MS. UECKER: Well, you know, I don't really
have that big a problem with it, 'cause I have confidence in
myself enough that I think I can, you know, make a decent
application for an employee who -- that deserves a merit
increase. I'm just concerned -- I just don't want us to do
what is not allowed by the statute.
COMMISSIONER LETZ: Your comments said
basically -- I mean, I think your first question raised
is -- and what you said is we can't do this. So, if we
can't do it, the rest of it is a moot discussion, and why
are we talking about it7
JUDGE TINLEY: That's my thinking. If the
law is clear that the Commissioners Court does not have the
authority to grant a pay increase to a specific named
individual, to the exclusion of another specific named
individual, if that's the law --
COMMISSIONER LETZ: That's the law.
JUDGE TINLEY: -- I think we --
COMMISSIONER LETZ: We're done.
JUDGE TINLEY: -- shut it down and go on from
24 here.
25
COMMISSIONER WILLIAMS: Well, are we certain?
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Are we certain about that? If that's the law, that's the
law, but I'd like to know the County Attorney's --
MS. UECKER: And the County Attorney can do
some research on it, but -- and I do have -- you know,
you're welcome to my --
COMMISSIONER WILLIAMS: What I'd really like
to see is the County Attorney either confirm what the
District Clerk is telling us is so, or her interpretation of
A.G. opinions, and if that is true, is there another way to
do it that is legal?
MS. UECKER: Yeah, because I'm -- I'm very
supportive of a merit policy, which I've told you during the
budget process. I just don't want us to do something that's
going t~ get us in trouble. Because there's been -- there's
a lot of case law on it, and -- Dave, what do you think?
MR. MOTLEY: I don't have a clue. I haven't
looked into it. Nobody said a word to me about it before
the deal, and so I -- you know, I'd have to look it over.
I'd need to look at the case and look at the A.G. opinions.
That's not something that I have, you know, in the back of
my mind right now. I'm wondering if what Linda's saying is
distinguishable from a situation where the money is in a
reserve fund, and the Commissioners don't allocate the money
to that department head until such time as they receive the
application and approve it -- that individual for receiving
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the funds, and then allccate the money at that time. It
wouldn't, at that point, be the Commissioners that are
giving the raise to anybody. It would be the department
head that's suggesting -- I mean, I don't know exactly if
that's what we're proposing, but it might be the idea that
the Commissioners aren't, per se, determining who gets it
and who doesn't. They're looking at who has made the best
case for their own employee, and saying that Linda or Rusty
or myself, whatever, has made the best case in that --
during that quarter or that six-month period, whatever, and
then, at that point in time, then fund additional moneys to
that budget. I don't know if that's -- I'll be happy to
look at what Linda has.
MS. DECKER: And the only reason, you know,
it -- it came up to me is -- I might have never even thought
about it -- is I recently attended a seminar where part of
it was on this point, and it was human resources.
MR. MOTLEY: Maybe some of these other
counties that are doing this have some sort of a civil
service situation.
MS. DECKER: No, there is -- there is an
exception to counties over 335,000; commissioners courts in
those counties may do that under a separate statute. Which
means Harris Cour_ty, Dallas County.
COMMISSIONER LETZ: I think -- I mean, let's
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refer this policy here to the County Attorney and see if we
can do it, and then we can worry about adjusting it.
MS. DECKER: I'll give you --
COMMISSIONER NICHOLSON: Let's move.
JUDGE TINLEY: It's in your lap, Mr. Motley.
Anything further on that particular agenda item? Next item,
consider and discuss permission to use courthouse and
courthouse grounds for the annual courthouse lighting
ceremony on the 22nd day of November of this year, starting
at 7 p.m., and permission to hire the Maintenance Supervisor
for the setup. That may be an inappropriate
characterization of hiring him. They have a way of -- of
providing him some assistance for his people that are
working as volunteers. So --
COMMISSIONER WILLIAMS: In addition -- Judge,
in addition to that which is in the agenda, on my e-mail I
just opened a while ago, a member of the -- a request came
from the Christmas Parade Committee to the Christmas
Lighting Board, wondering if they could store four golf
carts in the storeroom where the Christmas lighting
materials are stored from Thursday, November 20, through the
24th for use of the parade.
JUDGE TINLEY: 24th is on a Monday? Yeah.
Do you have room where they store the Christmas lighting
materials to store four golf carts?
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MR. HOLEKAMP: I don't think they'll fit
through the door.
COMMISSIONER NICHOLSON: They won't.
COMMISSIONER WILLIAMS: How about the space
adjacent to it?
MR. HOLEKAMP: The sallyport?
COMMISSIONER WILLIAMS: That's the sallyport,
okay.
MR. HOLEKAMP: Yes, sir.
COMMISSIONER WILLIAMS: Can't do that. I
don't know if they will or not. If they won't fit in the
door, it's academic.
MR. HOLEKAMP: They don't fit through that
36-inch door.
COMMISSIONER WILLIAMS: It's academic. The
answer is no.
COMMISSIONER BALDWIN: And, so, explain to me
about hiring the Maintenance Supervisor one more time. I
missed it.
MR. HOLEKAMP: Do you want me to explain
that?
JUDGE TINLEY: Yeah, why don't you, Mr.
Holekamp?
MR. HOLEKAMP: Okay. That's -- in the past,
the last few years, Wells Fargo Bank puts on the -- they
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actually fund the Christmas lighting here at the courthouse.
COMMISSIONER WILLIAMS: The program.
MR. HOLEKAMP: Program, yeah. Christmas
lighting program that starts at 7 o'clock in the eveninq.
They sing and have a program. I think Steve Brown comes and
does a talk, and several others, and what happens -- and if
my schedule tells me correctly, at 7:34 the lights come on,
and that requires me to have several of my people here to
flip those lights on simultaneously. And -- and in the
past -- well, I'll say four years ago, I guess it was, they
hired different people, kids -- young people, and I kind of
told them I really wasn't too keen on having different
people in these electrical rooms flipping on switches. So,
we took it upon ourselves -- well, Wells Fargo indicated to
us that they were willing to make a donation or pay the
people that flip on these lights, so -- and I chose not to
take money for myself. What I did is, I said, "If you wish
to make a donation to the Maintenance Department for a
Christmas party, that would be appreciated." So, the last
two years they've done that; they've given me a check, and
what I do is I -- we have our Christmas party, fund the food
and that sort of thing. So, that's really what that is --
that pay is all about, because I have to bring my people
in -- or ask them. And I don't -- they're not being paid,
you know, hourly rates. It's basically volunteer basis that
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they come in.
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COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: Move approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion's made and seconded for
approval of the agenda item. Any further question 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.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Next item
(No response.)
JUDGE TINLEY: Motion does carry. Next item
is to consider and discuss approving contract between Kerr
County and the Mountain F~ome and Center Point Volunteer Fire
Departments, and authorizing County Judge to sign the same.
COMMISSIONER NICHOLSON: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Any further question or
discussion? All in favor of the motion, signify by raising
your right hand.
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is consideration and discussion of the approval of form
contracts between Kerr County and the County-sponsored
entities, and authorize the Judge to sign the same as they
are returned.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
approval the agenda item. Any question or discussion?
COMMISSIONER BALDWIN: Yes, sir. What --
tell me what the County-sponsored entities are.
JUDGE TINLEY: There are several of them.
Historical Commission --
MS. SOVIL: No.
JUDGE TINLEY: No, not --
COMMISSIONER LETZ: They're out in that book.
While Thea's getting that, I have a comment. This really is
more for, probably, Mr. Motley. I believe the contracts,
under some of them -- I think all of them -- talks about all
the provisions, all this other stuff, and they go back --
there's a notice part of it, and they -- I believe they say
all that stuff goes to the County Judge. I think that all
should go to the Commissioners Court. I don't think it's
something we need to change this year; it's not a big deal,
but I think that these -- I mean, the contracts are approved
by the Court, not by the Judge, and the Judge has certain
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capacities. He's Judge and he sits on the Commissioners
Court. It's a Commissioners Court contract, not Judge
contract. So I just --
MR. MOTLEY: Are you talking about the notice
COMMISSIONER LETZ: All that stuff that says,
you know, paperwork all gets forwarded to his office.
MR. MOTLEY: Well, and I hear what you're
saying. I mean, and I think the intent in putting the
County Judge down is that he be the -- you know, the
administrative representative of the Court to receive such
items on behalf of the Court. If we name the Court, we
would probably need to name some individual or some position
to receive those things, and that's, I guess, where that
came from.
COMMISSIONER LETZ: Okay. That doesn't --
it's not that big a deal, just something that I noticed.
And the reason is because they're -- they're made by the
Court.
MR. MOTLEY: Okay. And I don't have any
problem with that. I guess -- I think the --
COMMISSIONER LETZ: For future contracts,
just something to file away.
MR. MOTLEY: Do what?
COMMISSIONER LETZ: For future contracts,
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just something to file away in your --
MR. MOTLEY: Okay.
JUDGE TINLEY: Commissioner Baldwin, the
contracts in question are CASA, Dietert Claim, Hill Country
Crisis Council, Kerr County Soil and Water Conservation
District, Kerr Economic Development Foundation, Kid's
Advocacy Place, and K'Star.
COMMISSIONER WILLIAMS: And there will be one
additional, which would be for the public transportation.
That's on Mr. Motley's desk for the drafting.
COMMISSIONER LETZ: More than one addition.
MR. MOTLEY: Two additional.
COMMISSIONER LETZ: Region J is also --
JUDGE TINLEY: Region J also.
COMMISSIONER LETZ: Because U.G.R.A. is also
part of that, that's over at one of their -- for them to
look at it as well, 'cause they have some obligations on
that contract.
COMMISSIONER BALDWIN: Well, I guess my
question is -- is, what are we voting on? This stack? Or
are we including transportation and Region J?
COMMISSIONER LETZ: That stack.
COMMISSIONER BALDWIN: I'd like to third the
motion. That's -- translated, I'm ready to vote.
JUDGE TINLEY: Well, as I read the agenda
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item, form contracts and County-sponsored entities, this
would seem to apply to the other two that we don't yet have
in-hand. They're on the same format, though.
COMMISSIONER BALDWIN: That's what I thought.
COMMISSIONER WILLIAMS: Budget's already been
approved.
MR. MOTLEY: They're all a little bit
different, actually. There's some -- some unique features
to each one.
JUDGE TINLEY: Because of the nature of the
services provided, primarily?
MR. MOTLEY: Right. And -- well, I --
Jonathan's -- some of these entities we're contracting with
are governmental entities, as opposed to a nonprofit
corporation, and so there's different, oh, insurance
requirements, different immunities, different things like
that stated in the contract. So, each one -- Jonathan's is
basically, I think, done, and he's going to run that by
U.G.R.A. And then Commissioner Williams, I just fairly
recently received that information. I think he was out of
town during the time most of those were being drawn up. So,
what I propose to the Court, I mean, I will have those other
two within the foreseeable future. If you just want to wait
on those two and just approve them when they come in,
because it does say something in the item about -- well,
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authorize them to sign as they are returned. Well -- so, I
-- whatever y'all want to do on that. But I -- I'll have
those other two. I dust don't have them yet.
JUDGE TINLEY: Jannett, who made the motion?
MS. PIEPER: Commissioner Letz.
JUDGE TINLEY: Okay. Commissioner Letz, your
motion applies to which contracts? The ones we have
in-hand?
COMMISSIONER LETZ: Yes.
JUDGE TINLEY: Only?
COMMISSIONER LETZ: Yes.
JUDGE TINLEY: All right.
COMMISSIONER WILLIAMS: That's fine.
JUDGE TINLEY: Okay. 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: A11 opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Next item
is consider and discuss selection of a member of Kerr County
Commissioners Court to serve on Animal Resources and
Development Council. George Holekamp brought this to nee,
and he's interested in this group, and there are a number of
appointments that are made to this group, only one of which
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requires our particular attention, and that being one
designated as one county government official. When I asked
him if that could be any county government official; for
example, the County Clerk or the Tax Assessor or a constable
or whatever, he indicated that he didn't think so. His
understanding was a member c
COMMISSIONER
my time in the barrel.
COMMISSIONER
COMMISSIONER
COMMISSIONER
COMMISSIONER
~f the Commissioners Court.
BALDWIN: Judge, I have served
WILLIAMS: Me too.
LETZ: I have served my time.
BALDWIN: Guess what, Number 4?
WILLIAMS: I'll point to the
Judge and Commissioner.
COMMISSIONER NICHOLSON: I don't want
COMMISSIONER WILLIAMS: Looks like you're it,
COMMISSIONER BALDWIN: Congratulations.
We're so proud of you, Pat. We appreciate your service to
our great community.
COMMISSIONER WILLIAMS: You're going to love
it.
COMMISSIONER BALDWIN: God, thank you.
JUDGE TINLEY: I thought you only got those
kind of kudos when you failed to show. You, therefore, won
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by default.
COMMISSIONER WILLIAMS: Sometimes when you're
slow on the retort.
JUDGE TINLEY: I see. Maybe I can get a
reclarification of that position. "Any county official"
would be -- would be --
COMMISSIONER BALDWIN: May want to turn that
one over to Motley.
COMMISSIONER WILLIAMS: In which case, we'll
send a constable.
JUDGE TINLEY: Would you have a nomination in
that particular case, Mr. Baldwin?
COMMISSIONER BALDWIN: Yes, I would, as a
matter of fact. But what do you want to do right now? I
mean, I have a motion ready.
JUDGE TINLEY: I didn't hear it soon enough;
we're going to move on to the next item.
COMMISSIONER BALDWIN: I move that we
nominate the honorable, great and holy one, Pat Tinley, to
serve on the A.R. -- A.R.D.C. Council.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded.
Any -- any question or discussion? I suppose it would be
fruitless for me to get into some sort of discussion.
COMMISSIONER BALDWIN: It would.
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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 BALDWIN: Show that as a
unanimous vote.
COMMISSIONER WILLIAMS: You'll love it,
Judge.
JUDGE TINLEY: Great -- great amount of
confidence. Okay, next item. Do we have any items to move
into executive or closed session about? None that you're
aware of, Mr. Motley?
MR. MOTLEY: No, sir.
JUDGE TINLEY: Okay. We're now down to
paying the bills.
MS. WILLIAMS: Morning.
JUDGE TINLEY: Good morning.
MS. WILLIAMS: As you can tell, I'm not
Mr. Tomlinson.
COMMISSIONER NICHOLSON: Move we pay the
bills.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded that
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we pay the bills. Any questions or discussions on any
items?
COMMISSIONER BALDWIN: Judge, I do have one
here. I just can't -- and I think I've asked this question
before, and I apologize; I can't remember what it was. On
the Commissioners Court bills, Hill Country Telephone.
COMMISSIONER WILLIAMS: That's probably my
telephone. I don't know if it is or not. Might be my
telephone in Center Point.
MS. WILLIAMS: That is the phone in Center
Point. It's split between Commissioners Court and J.P. 2's
budget. They split the monthly expense on the phone that's
located at the office in Center Point.
COMMISSIONER BALDWIN: Okay. All right. And
then the one above that, the Kerrville Telephone Company?
MS. WILLIAMS: That is the -- I think that's
a portion -- a prorated portion of the bill for the outgoing
trunk lines for here at the courthouse.
COMMISSIONER BALDWIN: So it's not -- there's
no long distance calls or anything on there?
MS. WILLIAMS: No, sir. I believe, on that
one, those are the outgoing trunk lines. The large bill,
Nona's still working on.
COMMISSIONER BALDWIN: Okay. All right,
thank you.
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MS. WILLIAMS: You're welcome.
JUDGE TINLEY: Any other question or
discussion?
COMMISSIONER NICHOLSON: I just have an
observation. We -- we spend thousands of dollars a month
for lease copiers, printers, and copy paper, and I wonder if
that, you know, deserves taking a look at to find out if
there's a better or easier or cheaper way to do that. I
just throw that out to think about at some other time.
COMMISSIONER LETZ: A copy room?
COMMISSIONER NICHOLSON: I don't know. I
don't know if that's a good idea or not. It's a lot of
money.
COMMISSIONER LETZ: I know exactly the reason
that K.I.S.D. -- they have, obviously, a totally different
situation with teachers, but they have a large copy room,
which is a separate facility.
COMMISSIONER NICHOLSON: I remember seeing
those in the old days. There'd be a line of people standing
in front of the door, and
COMMISSIONER WILLIAMS: Counter-productive.
COMMISSIONER LETZ: Yeah, that's the problem.
You get into productivity issues with people walking back
and forth to copy.
MS. WILLIAMS: And we have -- in the past, we
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had purchased copiers. What we ran into there is, the
upkeep on them was pretty expensive. With the lease copiers
that we have now, the service is provided; most of the
supplies are provided, with the exception of paper.
COMMISSIONER WILLIAMS: Which prompts me to
ask, just for information, was a copier included in the
Environmental Health Department's capital --
COMMISSIONER LETZ: I believe so.
COMMISSIONER WILLIAMS: 'Cause they're going
to need it.
COMMISSIONER LETZ: I have a general
question. This is kind of just -- I don't know if the rest
of the Court listened to the news or heard the same story I
did yesterday, but there was a pretty significant change
regarding phone service.
COMMISSIONER WILLIAMS: Yeah, saw it in the
paper.
COMMISSIONER LETZ: And I think that's
something that, really, we need to be very careful not to
enter any long-term contracts on phones right now, because,
as I understand it, the fact that K.T.C, is here doesn't
mean a whole lot; that we can switch or -- you know, or will
be able to, I presume, do business as well. Cell phones and
land lines are about to become totally intermixed, and we
can switch numbers back and forth wherever we get the best
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rates, and keep the same numbers.
COMMISSIONER NICHOLSON: Yeah.
COMMISSIONER LETZ: And I think -- I don't
know how that all sorts out, but I think it's something --
with the amount we spend on phones, both cell and land
lines, that may be something that we really are very
cautious about going into long-term contracts on for a
while. And I know -- I think we just did one.
COMMISSIONER WILLIAMS: The article I read
indicates that a company the size of K.T.C. has got about
six months to get ready for it.
COMMISSIONER LETZ: Right.
COMMISSIONER WILLIAMS: The other big guys
have got to do it pretty quick.
COMMISSIONER LETZ: Two weeks. Smaller
communities have six months, but still, it`s a -- it could
be an area for potential savings, and I suspect some larger
players may enter the Kerrville market or the small markets,
just because of the availability.
JUDGE TINLEY: I believe you've taken this --
the ruling was November 24th?
COMMISSIONER LETZ: That's for large
communities that are, I believe --
COMMISSIONER WILLIAMS: The big boys.
COMMISSIONER LETZ: -- the top hundred
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thousand market, which I doubt we're in that.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: The Bells and so
forth.
JUDGE TINLEY: Any further questions or
discussion?
COMMISSIONER BALDWIN: In -- in this group of
bills, is Mr. Barron's bill -- is this a late bill, or is
this included?
MS. WILLIAMS: That is not in the fund
requirements. That is a late bill.
JUDGE TINLEY: Late bill. Any further
question 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 we
have budget amendments.
MS. WILLIAMS: Yes, sir. We have two of
them. The first one is for J.P., Precinct 3. It has also a
late bill attached. We had to get them a new computer
system, and we were short a little bit of money, being able
to pay the freight charges, so what she wanted to do is move
the needed money out of Miscellaneous up to Operating
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Equipment to take care of that expense, and to also get us
the authorization to issue a hand check to pay this bill.
JUDGE TINLEY: To whom?
MS. WILLIAMS: Dell Marketing.
JUDGE TINLEY: Dell? Okay.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded to
approve Budget Request Number 1 and authorize hand check to
Dell Marketing in the total amount?
MS. WILLIAMS: Total check is $1,786.
JUDGE TINLEY: 1,700 -- there's enough money
otherwise?
MS. WILLIAMS: Yes, sir.
JUDGE TINLEY: This is just -- okay.
MS. WILLIAMS: Right.
JUDGE TINLEY: Authorize a hand check to Dell
Marketing for $1,786. Any further question 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: Budget Amendment Request
Number 2.
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MS. WILLIAMS: Okay. Budget Amendment Number
2 is for the Jury Fund. We have a bill from Hart Intercivic
in the amount of $1,536.60 for -- I believe it's jury
summons cards. Basically, we don't have enough money in the
line item to pay for it, so we are wanting to move -- or
actually, the County Auditor is wanting to move $1,000 out
of Court Reporter Expenses up to the Operating Supply line
item in the Jury Fund, and to get the authorization to issue
a hand check to pay this bill, because the bill is dated
early October.
JUDGE TINLEY: And the hand check is in what
MS. WILLIAMS: $1,536.60.
JUDGE TINLEY: To whom?
MS. WILLIAMS: To Hart Intercivic.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded to
approve Budget Amendment Request Number 2 and authorize hand
check in the amount of $1,536.60 to Hart Intercivic. Any
further question 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.
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{No response.)
JUDGE TINLEY: Motion does carry.
MS. WILLIAMS: I believe this one was already
covered.
JUDGE TINLEY: Okay. Now we have a --
MS. WILLIAMS: Late bill for Stuart Barron.
JUDGE TINLEY: -- late bill, mm-hmm.
MS. WILLIAMS: Yes, sir. This is to cover
the hours that he worked Monday and Tuesday of last week. I
touched base with Mr. Letz on it earlier. We've set it up
to be paid out of Line Item 10-640-101 in the Environmental
Health budget, and it would be for the amount of $151.40.
COMMISSIONER LETZ; So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded to
approve a late bill and authorize hand check to Stuart
Barron in the amount of $151.40. Any further questions or
discussion?
COMMISSIONER BALDWIN: Is this paid in full,
total? Just --
MS. WILLIAMS: Yes, sir, I believe so.
JUDGE TINLEY: Any further 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.
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(No response.)
JUDGE TINLEY: Motion does carry
I have --
MS. WILLIAMS: I'm sorry, Judge, I have one
other that I just got from Miguel. He has someone who needs
to attend a training facility on December the 2nd. They
need the registration 20 days in advance, and I'm asking if
we can go ahead and get approval for a hand check as a late
bill today. The amount due is $400, and it is for Patricia
Hulett to attend an On-Site Sewage Facilities training.
COMMISSIONER NICHOLSON: Move to approve.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded to
approve a late bill -- or expenditure in the amount of $400,
and to authorize hand check in the amount of $400 to
Patricia Hulett.
MS. WILLIAMS: Okay --
JUDGE TINLEY: Any question or discussion?
MS. WILLIAMS: I'm sorry.
COMMISSIONER BALDWIN: Yes, sir. Let's just
peek at that right quick, and just for fun, to make sure
that I'm on the right page. Where is that in our budget?
MS. WILLIAMS: It would be covered under
Conferences in the budget amendment that was presented
earlier. I think it was 1.8 on the agenda for the
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Environmental Health Department. There should be, like,
$2,900 or whatever amount y'all had worked up a while ago
under that Conference line item. That would cover
conferences and training.
COMMISSIONER BALDWIN: And we have how much
in the Conference line?
JUDGE TINLEY: $2,950 -- Mr. Tomlinson
requested $2,950. I'm not sure what --
COMMISSIONER LETZ: We have eleven-twelfths
of $2,950.
JUDGE TINLEY: Correct.
COMMISSIONER WILLIAMS: 2,500 bucks.
COMMISSIONER BALDWIN: $2,500. And how much?
$400?
MS. WILLIAMS: Registration is $400.
COMMISSIONER NICHOLSON: This will help her
get her ticket to be an inspector.
COMMISSIONER BALDWIN: Sure. Fantastic.
JUDGE TINLEY: We have $2,704. 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.
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MS. WILLIAMS: I have one question. We do
not have the information yet on her lodging for this period
of time. With the travel voucher that was adopted by the
Court, there is an area on there that has lodging, where you
can fill in the amount. Does that mean that if they go
ahead and get the reservations, get a confirmation, that we
can do a hand check for them to take with them to pay for
their lodging in advance? Or does it have to come back
before the Court before we can do a hand check or a check?
COMMISSIONER LETZ: I don't think you should
do it if it's within the budget, if we have money in the
budget.
MS. WILLIAMS: I know we can do a check for
the travel and the meals.
COMMISSIONER WILLIAMS: Yeah, we had approved
per diem in advance.
MS. WILLIAMS: Right. What about the
lodging? Because if we can't do a hand check, like, along
the same lines of travel and meals, I need to request that
y'all allow us to do a hand check for her to take with her.
Because I don't -- I don't know whether we'd have enough
time -- we could probably present it at the next
Commissioners Court meeting.
MR. ARREOLA: When --
COMMISSIONER WILLIAMS: That becomes
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reimbursable, and they're out their money up front.
MR. ARREOLA: Right.
COMMISSIONER WILLIAMS: Up front, we have no
problem with it.
MS. WILLIAMS: If there's not. a problem, we
can probably get it on the fund requirements report for the
next meeting, which is the 24th. She won't be leaving until
around the 1st or 2nd, so that won't be a problem. I just
wanted to touch base. I wasn't real clear how that worked
on the travel voucher.
COMMISSIONER NICHOLSON: This doesn't mean we
would be approving in every Commissioners Court meeting
advance payments for lodging?
COMMISSIONER WILLIAMS: I hope not.
COMMISSIONER NICHOLSON: I hope not.
COMMISSIONER LETZ: I mean, I think it should
be -- if it's on the travel voucher, it should be --
MS. WILLIAMS: Treated the same way as we do
the mileage and the meals?
COMMISSIONER LETZ: Yes.
MS. WILLIAMS: No problem. We'll take care
of it, then. Okay. There was one thing I did want to
mention earlier on the budget amendment for the
Environmental Health Department. The one line item in there
that says Inspector for the $8,640, that is Eddie North's
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salary, and he is here for the whole year, so I didn't know
if y'all had adjusted that by one-twelfth also.
COMMISSIONER WILLIAMS: Well, it shouldn't
be.
MS. WILLIAMS: It shouldn't, no, because we
will need that.
COMMISSIONER WILLIAMS: Of course, it's
already been spent.
MS. WILLIAMS: Right. But if we do the
budget amendment and say eleven-twelfths all the way down,
with the exception of Capital Outlay and the permanent
improvement, we would take one-twelfth of that $8,640.
COMMISSIONER LETZ: I think we -- I this the
court order reduced it. We'll just have to add it back in
towards the end of the year, and I'm sure there will be some
other adjustments to that budget during the year.
MS. WILLIAMS: Okay, great. That's all I
have.
JUDGE TINLEY: Good point. Thank you very
much.
MS. WILLIAMS: You're welcome.
JUDGE TINLEY: Okay. I have before me the
transcripts of the Commissioners Court meetings, the regular
session on Tuesday, October 14th, the -- as continued on
Wednesday, October 15, and the special session for Monday,
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October the 27th, as prepared by the reporter.
COMMISSIONER LETZ: Move approval.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded that
we approve the transcripts as prepared by the reporter for
Tuesday, October 14, Wednesday October 15, and Monday,
October 27. Any discussion or questions?
COMMISSIONER BALDWIN: Just wanted to say
thank you to Kathy. You know, she does this in such a
timely way, and, I mean, I really enjoy sitting in front of
my computer reading all that. But I wanted to thank her for
doing that.
COMMISSIONER NICHOLSON: Amen.
JUDGE TINLEY: Most appropriate that you
would do so. Oftentimes, when we have things that are
carried over, we can go back and kind of bring ourselves up
to speed where we left them hanging in midair, and be in a
position to come back.
COMMISSIONER WILLIAMS: I, too, appreciate
it, because she's always willing to give us excerpts if we
need them and provide them in a timely fashion. I
appreciate that.
JUDGE TINLEY: Any question or discussion?
All in favor of the motion, signify by raising your right
hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
	(No response.)
	JUDGE TINLEY: I also have before me monthly
reports from the Sheriff, the County Clerk, the Justice of
the Peace,	Precinct 4, and Justice of the Peace, Precinct 3.
Do I hear a	motion to approve these reports as presented?
	COMMISSIONER WILLIAMS: So moved.
	COMMISSIONER LETZ: Second.
	JUDGE TINLEY: Motion made and seconded to
approve the	monthly reports as presented. Any further
question 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. Do we have
any other reports that we need to have rendered this
morning?	
COMMISSIONER LETZ: Just a -- just one quick
report. Congratulations to the Judge for getting out --
getting us out of here before noon today.
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER WILLIAMS: Kudos.
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COMMISSIONER BALDWIN: Great leadership.
JUDGE TINLEY: That merely tells me that you
don't have the expectation to be out before noon any more,
so don't be expecting it. Anything further, gentlemen?
COMMISSIONER BALDWIN: I do want to bring up
one issue that will be an agenda item soon, but I wanted to
kind of prepare our minds. It's that I think in March is
our conference in west Texas, and we had talked about
previously possibly making a bid of getting that conference
to come to Kerrville, and so we -- we need to start thinking
in that way. One of the things that's required is a court
order from Commissioners Court saying, yes, we want the
conference here and that kind of thing. And there may be --
there's -- the West Texas group is a little different from
the South Texas group, in that they -- they may require some
kind of financial numbers or something. I don't know what
all that's about, to be honest with you, but it's coming up
soon. We need to -- we need to have that discussion about
whether we want to have -- go out and make the bid for it to
come here or not.
COMMISSIONER WILLIAMS: Commissioner, did --
did the Commissioner from Ector County ever send you the
information regarding the things that they kind of like to
see in a bid?
COMMISSIONER BALDWIN: Yes.
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COMMISSIONER WILLIAMS: All right. 'Cause
they sent them to me; if you didn't have it, I was going to
give it to you.
COMMISSIONER LETZ: Remember, we have a
former cook on staff.
COMMISSIONER WILLIAMS: What?
COMMISSIONER LETZ: Former cook. Probably a
current cook, but former -- used to be employed as a cook.
Miguel owned a restaurant.
COMMISSIONER WILLIAMS: Fajitas for
everybody.
COMMISSIONER BALDWIN: Good thought,
Commissioner.
COMMISSIONER NICHOLSON: Buster, does -- I
mean Commissioner, does a bid imply that we -- we give them
some remuneration for bringing it here?
COMMISSIONER BALDWIN: I can't remember.
There's something, like, you have to -- yes and no. All --
all -- any time that you bring them in here, you have to
provide something; the host court has to provide some
things. And we've had the South Texas bunch into Kerrville
three times, and one of the -- you know, there's --
during -- if you remember, during the conference itself,
there's a whole Court Night where Kerr County provides a
dinner and some entertainment or whatever. Now, this is
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where I differ a little bit from the West Texas bunch. You
know, they require that we have the money on the table.
Well, in my opinion, it's none of their business. We'll
provide the thing; we'll put the dinner on and we'll provide
some entertainment and we'll put on a show for them and that
kind of thing, but it's really none of their business how we
do that.
COMMISSIONER NICHOLSON: Do we get local
businesses to --
COMMISSIONER BALDWIN: Yes, sir.
COMMISSIONER NICHOLSON: -- underwrite?
COMMISSIONER BALDWIN: Yes, sir, absolutely.
COMMISSIONER LETZ: We're not allowed to use
any tax funds.
COMMISSIONER BALDWIN: I don't want the Court
to come up and say, "We have $10,000 of taxpayers' money on
the table to provide for this function." I don't want to do
that. I will not do that. But if -- you know, in the past,
Mr. Shelton, Mr. Duncan, Mr. Brinkman, those guys have
always been really good in that arena.
COMMISSIONER WILLIAMS: They have a little
more extensive list than I think we've been used to seeing
in the past.
COMMISSIONER BALDWIN: Was that the end of
it, just that one sentence?
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COMMISSIONER WILLIAMS: That was a period
right there.
COMMISSIONER BALDWIN: My lord.
JUDGE TINLEY: We may get out of here by
noon, then.
COMMISSIONER BALDWIN: I'm gone.
JUDGE TINLEY: Anything further, gentlemen?
We'll stand adjourned.
(Commissioners Court adjourned at 11:34 a.m.)
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 14th day of November,
2003.
JANNETT PIEPER, Kerr County Clerk
BY: ___ _
Kathy Ba Deputy County Clerk
Certified Shorthand Reporter
11-11-03
ORDER N0.28396
SET PUBLIC HEARING
The Horizons, Section One
On this the 11~' day of November 2003 upon motion made by Commissioner Baldwin,
Seconded by Commissioner Williams, the Court unanimously approved by vote of 4-0-0
to set a public hearing for the Revision of Plat for Lots 122 and 123 of The Horizon,
Section for December 22, 2003 at 10:00 AM.
ORDER NO. 28397
RENEWAL OF ORIGINAL CONTRACT AGREEMENT #04-0266
KERB COUNTY AND THE OFFICE OF THE ATTORNEY GENERAL
On this the 11~' day of November 2003 upon motion made by Commissioner Baldwin,
Seconded by Commissioner Letz, the Court unanimously approved by vote of 4-Q-0 to
~' approve the Renewal of Original Contract Agreement # 04-0266 between Kerr County
and the Office of the Attorney General for continued participation in support of the Texas
Child Support Disbursement Unit (TxCSDU) and amended to include provisions for Ken
County provided customer service and payment thereof by the OAG for the Federal
Office of Child Support Enforcement under Title IV-D.
ORDER NO. 28398
CONSIDER ROAD NAME CHANGES IN ACCORDANCE WITH 9-1-I
GUIDELINES AND SET A PUBLIC HEARING
On this the 11~' day of November 2003 upon motion made by Commissioner Williams,
Seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 to
Consider road name changes in accordance with 9-1-1 guidelines, regulatory signs and
road to be added or removed for County Maintenance and set a public hearing for
December 22, 2003 at 10:30 AM on the following roads:
Joelle Ranch
Country
Taylor
Mountain Home
Wilson Creek
Wilson Creek
Ave C
Pigeon Roost		W
Sleepy Hollow	Ln	N
Sleepy Mountain	Ln	N
Airpark	Rd	E
Creekridge	Trl	W
Schladoer	Rd	E
Roane	Rd	E
4 th	St	E
ORDER NO. 28399
REVISION OF COURT ORDERS TO REFLECT
ROAD NAME CHANGES TO BE VOIDED
On this the 11~' day of November 2003 upon motion made by Commissioner Williams,
Seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-
0 to revise court orders below to reflect road name changes to be voided.
Id Name	New Name	ourt Order Revised
uail Valley	Emily	27026
parish Oak	Burr Oak	27275
yatt	Dean	27026
H Dairy	5 Bar H Rd N	28040
ountry Lane	Sleepy Hollow
Sleepy M~ Ln N.	27280
1101	Little Hill Rd E	28076
ORDER NO. 28400
APPROVE PRIVATELY MAINTAINED ROAD NAME CHANGES IN
ACCORDANCE WITH 9-1-1 GUIDELINES
On this the 11'" day of November 2003 upon motion made by Commissioner Williams,
Seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 to
Approve the privately maintained road name changes in accordance with 9-1-1 guidelines
as follows:
Old Name	New Name	Suffix	Geo
None	Blue Sky	Ln	S
Unnamed Road	Boerner	Rd	E
4022	Campbell	Ln	N
3066	T Bar Ranch	Rd	W
3043	Dick Gates	Rd	NW
2121	Tansy Ln	W	
3017	Watkins	RD	NW
4011	Bobby Shelton Ranch	RD	NW
4012	Angel Haven	Way	NW
4016	Canon Canyon	Pl	N
4019	Hough Rd	N	
911 Mapped as	Wilson Las Loma	Rd	E
1105	Lamb Creek	Rd	E
1167	Neunhoffer Ranch	Rd	E
4023	Cheryl	Dr	S
4020	Lit Bit	Ln	W
4018	Mercy Ln	N	
1808	Montgomery	Rd	S
4026	Guajalote	Ln	W
1318	Wagner	Ln	N
4032	Harmon	Way	N
4017	Chaney Ranch	Rd	E
Doctor Allen	Dragonfly	Ln	S
1954	Potters	Pt	S
Ell	Sky Harbor	RD	NW
5 Bar H	Milk Barn	Rd	N
Little Hill	Farpoint Ranch	Rd	E
Dean	Wyatt Ranch	Rd	E
Burr Oak	Chestnut Oak	St	W
4028	Firefly	Ln	W
ORDER NO. 28401
APPROVE BUDGET FOR FLOODPLAIN ADMINISTRATION
On this the 11~' day of November 2003 upon motion made by Commissioner Letz,
Seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-
0 to Approve the Budget for the Floodplain Administration as follows:
Floodplain Admin. Salary (part-time) $5,000
Office Supplies $1,000
Books & Publications $ 200
Auto Expense/Fuel $ 500
Training
$2,000
Total Floodplain $8,700.00
ORDER NO. 28402
ENVDtONMENTAL HEALTH DEPARTMENT BUDGET
On this the 11~` day of November 2003 upon motion made by Commissioner Letz,
Seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-
0 to approve the budget as amended, but reduced proportionately by one-twelfth in each
line item except capital outlay and annex finish-out, and that an emergency be declared,
and the difference over and above the $64,000 and anticipated revenues of $77,000 come
from reserves.

EXPENSE CODE	
LINE ITEM DESCRIPTION	AMENDED
BUDGET
10-640-101	Mana er	$ 28,569.00
1040-103	Ins actor	$ 8 640.00
10-640-105	Clerks	$ 47,667.00
10-640-112	Overtime	$ 2,292.00
10-640-201	FICA	$ 6 657.00
10-640-202	Grou Ins.	$ 15,768.00
1040-203	Retirement	$ 7 080.00
10-640-309	Posta e	$ 2040.00
10-640-310	Office Su lies	$ 2,383.00
1040-315	Publications 8< Dues	$ 458.00
10-640-316	Uniforms	$ 1650.00
10-640-330	O eratin enses	$ 1,283.00
1040-331	ehicle Ex enses	$ 3 675.00
1040-420	ale hone	$ 1 058.00
10-640-435	Public Education	$ 6,417.00
1040-438	Laborato testin	$ 500.00
10-640-453	Radio Re airs	$ 92.00
10-640-456	Machine Re airs	$ 183.00
10-640-461	Lease Co ier	$ 1,100.00
10-640-480	Vehicle Insurance	$ 750.00
1040-485	Conferences	$ 2,704.00
1040-499	Miscellaneous	$ 92.00
10-640-570	Ca italOutla	$ 22,000.00
		
7075-562	nnex Finish Out	$ 10,000.00
		
10-630-211	Health De t:UGRA	$ -
		
10-370-300	GENERAL:Various Refunds	$ 68,500.00
ORDER NO. 28403
ENVIItONMENTAL HEALTH DEPARTMENT
EFFECTIVE DATE FOR EMPLOYMENT
On this the 1 l~' day of November 2003 upon motion made by Commissioner Nicholson,
Seconded by Commissioner Williams, the Court unanimously approved by vote of 4-0-0
to change Court Order No. 28395 to amend the employment date from November 3, 2003
to November 1, 2003.
ORDER NO. 28404
Annual Courthouse Lighting Ceremony and
Christmas party for clients of Kerr County Juvenile Probation Department
On this the 11~' day of November 2003 upon motion made by Commissioner Williams,
Seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 to
Approve the Annual Christmas Lighting Ceremony at 7:00 pm, November 22, 2003 and
to hire the Maintenance supervisor for setup AND permission for the use of the lower
level of the Courthouse for the Christmas Party for clients of the Juvenile Probation
Department from 5:00 to 7:00 pm on December 17, 2003.
ORDER NO. 28405
APPROVAL OF CONTRACTS BETWEEN KERR COUNTY
AND MT. HOME VFD AND CENTER POINT VFD
On this the 11~' day of November 2003 upon motion made by Commissioner Nicholson,
Seconded by Commissioner Baldwin, the Court unanimously approved by vote of 4-0-0
to Approve the contracts between Kerr County and Mountain Home Volunteer Fire
Department and Center Point Volunteer Fire Department and authorize the County Judge
to sign same.
ORDER NO. 28406
County Sponsored Entities
On this the 11`i' day of November 2003 upon motion made by Commissioner Letz,
Seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-
0 to approve the contracts between Kerr County and the County Sponsored Entities as
listed below and authorize the County Judge to sign same as they are returned.
Hill Country Court-Appointed Special Advocates "CASA "
Dietert Claim
Hill Country Crisis Council
Kerr County Soil & Water Conservation District
Kerr Economic Development Foundation
Kids' Advocacy Place
K'Star
ORDER NO. 28407
Alamo Resource and Development Council
On this the 11~' day of November 2003 upon motion made by Commissioner Baldwin,
Seconded by Commissioner Williams, the Court unanimously approved by vote of 4-0-0
to appoint Judge Tinley as a member of the Kerr County Commissioners Court to serve
on Alamo Resource and Development Council.
ORDE R NO.28408
CLAIMS AND ACCOUNTS
On this the 11~' day of November 2003 came to be considered by the Court various
Commissioners precincts, which said Claims and Accounts are:
10-
400 County Judge $54.94, 410 Commissioners Court $227.19, 403 County Clerk
$4,272.93, 408 Information Technology 12.95, 409 Non Departmental $4,455.79, 426
County Court $1,787.50, 427 CCAL $251.02, 429 Court Collection $65.02, 434 Jury
$1211.13, 435 216' District Court $4,869.17 436 198x` District Court $11,792.02, 455
198' District attorney $9,066.00, 450 District Court $4,456.10, 455 JP#1 206.19, 456
JP#2 $3,889.62, 457 JP#3 660.34, 458 JP#4 $682.10, 475 County Attorney $1,028.18,
495 Auditor $5,2b, 497 Treasurer $1,422.53, 499 Tax Assessor $5,363.62, 510
Courthouse & Related Buildings $4,849.10, 511 Jail Maintenance $1,844.13, 512 County
Jail 17,952.51, 551 Constable #1 $153.00, 552 Constable #2 $148.50, 553 Constable #3
$149.44, 560 Sheriff$5,223.44, 570 Juvenile Probation $2,900.53, 571 216' Adult
Probation $1,815.99, 580 DPS $154.26, 595 City-County Operations $2,986.16, 630
Heath & Emergency $831.25, 642 Rabies & Animal Control $1,501.24, 660 County
Sponsored Activity $2,064.40, 665 Agriculture Extension $1,885.52, 666 HC Youth
Exhibition Center $1,315.88, Cash Required 10-General $101,625.36
'~ 14-661 Fire Protection $$18,523.00
15-600 Administration-Unit System $47.68
611 Road & Bridge $19,401.32
18-650 County Law Library $1075.20
19-659 Public Library $32,265.00
50-641 Indigent Health Care $20,806.41
80-660 County Sponsored $1,127.34
TOTAL CASH REQUIRED FOR ALL FUNDS: $194,872.24
Upon motion made by Commissioner Nicholson, seconded by Commissioner Williams,
the Court unanimously approved by a vote of 4-0-0, to pay said Accounts.
ORDER NO. 28409
BUDGET AMENDMENT
JUSTICE OF THE PEACE #3
On this the 11"' day of November 2003 upon motion made by Conunissioner Letz,
Seconded by Commissioner Baldwin, the Court unanimously approved by vote of 4-0-0
to move $6.00 from line item 10-457-499 miscellaneous to 10-457-569 operating
equipment and issue a hand check in the amount of $1,786.00 to Dell Marketing LP.
ORDER NO. 28410
BUDGET AMENDMENT
JURY
On this the 11~' day of November 2003 upon motion made by Commissioner Williams,
Seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0
to move $1,000.00 from line item 10-434-495 court reporter expenses into 10-434-331
operating supplies and issue a hand check in the amount of $1,536.60 to Hart Intercivic.
ORDER NO. 28411
ENVIRONMENTAL HEALTH
LATE BILL
On this the l la` day of November 2003 upon motion made by Commissioner Letz,
Seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-
0 to pay Stuart Barron $151.40 for 10 Contract hours worked on 11/3-4/03 and issue a
hand check to be taken from line item 10-540-101.
ORDER NO. 28412
LATE BILL
ENVIRONMENTAL HEALTH
On this the 11~' day of November 2003 upon motion made by Commissioner Nicholson,
Seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 to
issue a hand check in the amount of $400.00 payable to TEEX'EUPWTI for Patricia
E-Iulett to attent the OSSF Training to be taken from line item 10-640-485
ORDER NO. 28413
APPRdVE AND ACCEPT MINUTES
AND WAIVE READING
On this the 11th day of November, 2003 upon motion made by Commissioner Letz,
Seconded by Commissioner Nicholson, the Court unanimously approved by a vote
of 4-1-0, to waive reading and approve the minutes of Regular Session of October 14~' ,
& 15a` 2003, and Special Session of October 27, 2003 of the Kerr County
Commissioners' Court.
ORDER NO. 28414
APPROVE MONTHLY REPORTS
On this the 11th day of November, 2003 upon motion made by Commissioner Williams
seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0,
to accept the following reports and direct that they be filed with the County Clerk for
future audit:
Kerr County Sheriff
County Clerk
Justice of the Peace #4
Justice of the Peace #3