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KERR COUNTY COMMISSIONERS COURT
Special Session
Monday, March 22, 2004
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
DAVE NICHOLSON, Commissioner Pct. 4
ABSENT: JONATHAN LETZ, Commissioner Pct. 3
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I N D E X
March 22, 2004
--- Commissioners' Comments
1.1 Approval of easement request for construction
by KPUB, authorize County Judge to sign same
1.2 Consider rescinding resolution approved by
Court Order #28560
1.3 Approve road names for privately maintained roads
1.4 Discuss process for selecting candidates for Comm.
Court Coordinator/Administrative Asst. position,
authorize temporary hire for interim period
1.5 Union Church Use Regulations and Rental Rates
1.6 Request waiver of hookup & capital recovery fees
for River Star Arts Park sewer/water connection
1.7 Assignment of Real Estate Lease and Agreement for
loan to Texas Arts and Craft Fair Foundation,
authorize County Judge to sign
1.8 Authorize Kerr County Environmental Health Dept.
to file Solid Waste Grant Application with AACOG
1.9 Amendment to engineering contract with Tetra
Tech, Inc., to extend the termination date,
authorize County Judge to sign same
1.10 Award bid for single-course sealcoating to low
bidder for Kerrville South Wastewater Project
1.11 Authorize ad valorem tax freeze on residential
property of persons age 65 & older and disabled
1.12 Request opinion indicating what entity has
authority to approve settlements of final
judgment in bail bond forfeiture cases
1.13 Request to approve the proposed budget amendment
for Kerr Central Appraisal District
1.14 Request by the Hill Country Automobile Club to use
Courthouse Square for annual car show July 3rd
1.15 Request permission to hang children's shoes from
trees in front of the courthouse during April for
Child Abuse Prevention and Awareness month
1.16 Request for permission to hold annual garage sale
on courthouse grounds by Tivy Cheerleaders
1.17 Burn Ban status
1.18 Authorize Texas Dept. of Criminal Justice Parole
Division to utilize Courthouse space for parolee
reporting and related contacts
3.1 Action taken on Executive Session items
4.1 Pay Bills
4.2 Budget Amendments
4.3 Late Bills
4.4 Approve and Accept Monthly Reports
5.1 Reports from Commissioners/Liaison Assignments
--- Adjourned
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On Monday, March 22, 2004, at 9:00 a.m., a special meeting
of the Kerr County Commissioners Court was held in the
Commissioners' Courtroom, Kerr County Courthouse, Kerrville,
Texas, and the following proceedings were had in open court:
P R O C E E D I N G S
JUDGE TINLEY: Let me call the meeting to
order of the special Commissioners Court posted for this
date, Monday, March 22nd at 9 a.m. It's a couple of minutes
after that now. Commissioner Letz advised that he would not
be with us today, stating that he had a family wedding to
attend, so we're operating one short today. Commissioner
Williams, I think today is your day, is it not?
COMMISSIONER WILLIAMS: Will you please rise
and join me in a word of prayer, and remain standing for the
pledge of allegiance.
(Prayf~r and pledge of allegiance.)
JUDGE TINLEY: At this point, if there is any
member of the public that wishes to be heard on any matter
that is not listed on the agenda as a listed agenda item,
they're privileged to come forward at this time and to let
us know what their thinking is on whatever it is they want
to tell us about, as long as it's not a listed agenda item.
If it is a listed agenda item, we would ask that you make
your desire known to speak on that item by filling out a
participation request form. They're at the back of the
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room, and you can fi.11 those out and get them up here. It's
not absolutely essential, but it helps me in planning so
that I don't miss you when we come to that item, and just go
by it and go on to something else. If I don't have your
note, why, it's hard for me to pick it up. So, if there's
anybody here, a member of the public that wishes to come
forward and speak to us about anything that's not a listed
item on the agenda, we welcome you to come forward at this
time. Well, there's not much movement out there, so we'll
get on with our regular business. Commissioner Williams, do
you have anything for us this morning?
COMMISSIONER WILLIAMS: Just a couple
quickies, Judge. Tomorrow at 10 o'clock at the Center Point
Cemetery, the slain serviceman James Kiehl from Comfort will
be honored in a special ceremony. I believe the -- I
believe the Texas Rangers Association is doing this, and any
of the public who would like to come by, pay tribute to this
fallen soldier from among us, is certainly welcome to do
that. And, secondly, we talk from time to time about the
burn ban and the net: effects of the burn ban, and people
having good judgment about when to burn, when not to burn,
how to burn, how not to burn. And sometimes it works and
sometimes our warning doesn't work, but it is especially
disheartening when it doesn't work when it applies to county
or other governmental property. And I take note of the fact
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that while there's a -- there is a contract underway for
clearing airport property, it's not a county contract; it's
a TexDOT contract. And they did a lot of clearing out there
and knocked down a lot of trees, which I had a lot of phone
calls about, but that's neither here nor there. And all of
a sudden, one bright, windy day, we're going to burn all
those trees, notwithstanding that the breeze is blowing
pretty steadily and it's blowing from north to south, and
it's just covering up a lot of folks with smoke and live
embers and so forth, and creating a lot of anxiety in
people's minds. So, I guess what I'm -- only thing I'm
saying is that maybe, you know, those of us who speak about
caution should take necessary steps to practice caution.
And in this particular case, we didn't do that, or whatever
oversight was supposed to be in place wasn't there.
JUDGE TINLEY: Is that all you got for us
this morning?
COMMISSIONER WILLIAMS: End of lecture.
JUDGE TINLEY: Thank you, Commissioner.
Commissioner Nicholson? Commissioner Baldwin?
COMMISSIONER BALDWIN: Couple of things. I
want to remind everyone, the Commissioners Court, beginning
tomorrow, will be out of town the rest of the week, so if
you have any business to take care of with us, you need to
get her done today. Number two, I'd request our airport
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liaison to request that Mooney come in soon to the
Commissioners Court and give us an update of what-all's
going on with them. I've gotten a couple of disturbing
phone calls, and just to kind of clear the air and find out
for sure what's going on.
COMMISSIONER WILLIAMS: Sure, be happy to do
that.
COMMISSIONER BALDWIN: That's all, sir. And,
by the way, the fish are not biting at Buchanan Lake.
COMMISSIONER WILLIAMS: You know firsthand?
COMMISSIONER BALDWIN: Firsthand.
JUDGE TINLEY: Save somebody a trip up there.
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: As a follow-up to Commissioner
Williams, the ceremony honoring Specialist James Kiehl,
there will be a presentation of a special Texas Ranger
marker that they have designed for this particular occasion,
and the Texas Rangers Foundation will be dedicating that, as
it were. I understand that there are to be some of the
members of 507th Maintenance, which was Specialist Kiel's
unit out of El Paso, to be there, as well as the chaplain
that was with him in Iraq when he lost his life -- that was
assigned to his unit. By way of further information, I'd
like to let you know that the Lower Colorado River
Authority, which I'm sure some of you have participated in
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the tree program that's administered through KPUB, who --
who purchases wholes<~1e power from the L.C.R.A., they've --
they've been kind enough -- the L.C.R.A. has -- to give the
County 50 new trees. We had hoped to get as many as 25, and
they were kind enough to scurry up 50 for us week before
last. The trees were planted; they're already in the ground
at Flat Rock Lake Park, some down at Center Point Park, and
others out at the Youth Exhibit Center. So, I want to thank
L.C.R.A, for -- for making those available to us and -- and
their participation in that program. That's all I have.
Let's get on with the -- with the business at hand. First
item on the agenda is consider and discuss the approval of
an easement request Eor construction by KPUB, and authorize
the Judge to sign the same. Mr. Holekamp I don't think is
witYi us this morning. Has he qot a representative that he
designated for that purpose? Yes, sir? Please come forward
and identify yourself.
MR. ALDRICH: I'm David Aldrich, Chief
Engineer with Kerrville Public Utility Board.
JUDGE TINLEY: Tell us about this easement,
if you would, sir.
MR. ALDRICH: Yes, sir. The board is --
requests the Commis:~.ioners Court to consider this easement
granting the KPUB a 10-foot strip of easement, right-of-way
along this side of the property along 16. This is necessary
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for us to maintain our distribution facilities and work with
the TexDOT Highway Project For State Highway 16, which is
expanding and redoing their right-of-way and curbing and
sidewalks. And, due to that, we are needing to relocate our
facilities in such a manner to maintain clearances to other
utilities, and also to the -- to the highway right-of-way
itself. And that is the -- the cause for our request, and
also, in our plans, we are -- want to be placing some of the
overhead utilities underground in the vicinity, and this
will allow us to perform that as well.
JUDGE TINLEY: This is in connection with the
total reworking of Sidney Baker by TexDOT that's due to get
underway here shortly, and the movinq of those lines back
further away from the street?
MR. ALDRICH: Yes, sir. That -- that project
is causing us to relocate our facilities in a number of
locations.
JUDGE TINLEY: Yeah, I know. Just up the
street at Sidney Baker, you've got one to do there.
MR. ALDRICH: Yes, sir.
JUDGE TINLEY: Any further questions?
COMMISSIONER WILLIAMS: Is this the movement
of poles, ~r is this taking poles and lines underground?
MR. ALDRICH: Both. We're actually going to
be relocating poles, and -- and in some places, including
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along the courthouse property here, putting those overhead
lines underground.
COMMISSIONER WILLIAMS: Good.
COMMISSIONER BALDWIN: That's a good thing.
COMMISSIONER NICHOLSON: Move to approve.
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.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Thank
you very much, sir.
MR. ALDRICH: Thank you, sir.
JUDGE TINLEY: We appreciate you being here.
The next item on the agenda is consider and discuss
rescinding resolution approved by Court Order Number 28560.
Mr. Odom?
MR. ODOM: Yes, Judge. Good morning. Last
week you took the resolution -- I was trying to verify
exactly what was expected of Road and Bridge and trying to
clarify what roads were available -- I mean, we were
supposed to maintain. I was under the impression that we
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were to maintain that old portion of the west -- west side
of Johnson Creek from the Arts Foundation all the way from
the highway all the way through to 39 there. Must be
three-tenths of a mile, something like that? Something like
that. And, looking at that, I would like a direction of the
Court, what are we t~~ do? Because we had a phone call
saying that someone had stepped in a hole on that portion of
the Arts Foundation property, or the -- in the city limits.
I won't say their property; in the city limits of Ingram.
Looking at it, that portion of that road -- of the Arts
Foundation property there as they go across is in the city
limits of Ingram, and I want to clarify, what is our
responsibility in there and exactly what we're -- what
portion of the road are we talking about?
COMMISSIONER WILLIAMS: I'm confused. The
agenda item says we're going to discuss rescinding the
resolution. Is that what we're talking about?
MR. ODOM: That's right. I mean, I'm sort
of -- I didn't know how else to put it.
COMMISSIONER NICHOLSON: I think there's been
some confusion on this, Commissioner. The only thing we
voted on was to accept a portion of the road that's from the
boundary of the Arts Foundation back west of 39.
COMMI:~SIONER WILLIAMS: Okay.
COMMISSIONER NICHOLSON: That portion of it
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that's typically ass~~ciated with the Ingram Little League.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER NICHOLSON: So, anything that's
happened back on the portion of it that's Arts Foundation
is -- is not our concern.
MR. ODOM: Still in the city limits.
COMMISSIONER NICHOLSON: City limits. It
does have a pothole there, but that's not our concern.
COMMISSIONER WILLIAMS: So, the resolution
that we adopted acceptinq this or whatever, the description
in that resolution was incorrect?
COMMISSIONER NICHOLSON: No, it is correct.
COMMISSIONER WILLIAMS: It is correct?
COMMISSIONER NICHOLSON: Yeah.
COMMISSIONER WILLIAMS: I don't have that
sheet.
MR. ODOM: I never saw that sheet either, so
I -- I know we talked this morning, but --
COMMISSIONER NICHOLSON: What we've taken,
again, is the eastern boundary is the property line of the
Arts Foundation, and the western boundary is Highway 39.
MR. ODOM: Yeah. I -- I had a letter here
from TexDOT that was talking about surplus right-of-way, and
that these portions be removed from the state highway
system. I take that to be plural. I take that to be the
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Arts Foundation also. Talking to Mike Coward, that's the
impression I got, was the whole thing. And talking to Mike,
is that we're not allowed to go in the jurisdiction of the
municipality of Ingr~~m, take their road system.
COMMISSIONER NICHOLSON: We didn't. We just
took the part that's contiguous to the Ingram --
MR. ODOM: To the Arts -- to that.
COMMISSIONER NICHOLSON: And anything --
anything having to do with the part that runs through the --
the Arts -- the Point Theatre part --
MR. ODOM: In the city limits.
COMMISSIONER NICHOLSON: -- has got to do
with Ingram, not us.
MR. ODOM: We got a phone call saying we
could end up with a lawsuit because there was somebody
stepped in a hole there, and so, you know, we`re -- I'm sort
of caught, after being out of town last week, and trying to
get something -- trying to find what exactly I am
responsible for, in case we need to rescind something. So,
Mike?
MR. COWARD: Good morning, Commissioners.
I'm Mike Coward, engineer for the Highway Department here in
town. Simultaneousl~~, we also sent exactly the same package
to the City Council in Ingram. There was some question --
even while we were preparing these, we weren't sure of the
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exact boundaries of -- city limits of Ingram. There was
some talk those might change, so we executed these
resolutions simultaneously with both the City of Ingram and
Kerr County Commissioners Court. And the intent is this; it
was to remove both the pieces of roadway that runs behind
the Little League field, and it also does officially remove
from the state highway system a portion of old state higYiway
right-of-way 39, which does run through the Hill Country
Arts Foundation. ThE~ ultimate goal of removing that was to
allow that land to become available for somebody that could
actually make use of it, specifically the Hill Country Arts
Foundation.
COMMISSIONER NICHOLSON: And the portion that
we accepted is a fairly attractive piece of property.
COMMISSIONER BALDWIN: Yes, it is.
COMMISSIONER NICHOLSON: And the Little
League owns the land, I understand, on the other side of it.
It's -- the riverbank. And I've had very positive reaction
from people in that community about the potential for this.
I -- I see nothing but an upside to it. I found the road.
Our portion of it., county portion, doesn't have any
potholes.
MR. ODOM: No, it's in good shape.
COMMISSIONER NICHOLSON: Large pothole on the
Arts Foundation side, but, again, that's -- that's the City
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of Ingram's concern.
MR. O1~OM: Well, as you can see, what Mike
said, this was -- continuous to this was also the Arts
Foundation, and thai_'s in the city limits. I mean, City of
Ingram tried to -- well, essentially, relinquish their
rights to that, and they can't do that. I mean, we can't
move in to take their -- that is something they need to work
out with whomever -- the Arts Foundation or whatever.
COMMISSIONER NICHOLSON: Yes. That's not our
responsibility.
MR. ODOM: Are we to maintain -- under the
circumstances, and with the enlightenment I've just gotten,
what those limits ar~~, are we to maintain this road now? To
cut the brush and do any patching that we need to do?
JUDGE TINLEY: Let me see if I can answer
that question. As I read the resolution, it says, "Whereas,
Kerr County has agreed to accept the transfer, jurisdiction,
and maintenance of these tracts," and it describes both
Tracts 1 and 2.
MR.. ODOM: Right.
JUDGE TINLEY: Which is the Arts Foundation
tract and the Little League tract.
MR. ODOM: That's right.
JUDGE TINLEY: I think therein lies the
reason for your concern, does it not?
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MR. ODOM: That's right.
JUDGE TINLEY: Okay. That's what I was --
COMMISSIONER NICHOLSON: So this map is
incorrect?
		JUDGE TINLEY: The	resolution had Kerr
County --	it's	asking the Texas Tr	ansportation Commission to
declare b	oth of	those segments as	surplus, and to remove
them from	their	system. Now, that	being the case, the net
effect is	that	whoever -- whoever	they were originally
obtained	from -	- and I assume that	Kerr County obtained both
of those right-of-ways at one time -- they would revert to
Kerr County.
M.R. COWARD: It was my understanding, Judge,
that the reason that had to be done is that this was the
original route of State Highway 39, and there was no clear
title to this route; it simply became State Highway 39 by
our use and maintenance of the route. And so, when it came
time to try to establish title, there was none. And so, in
this case right here, it was not clear; we did not have an
instrument that ever deeded us this land. We -- we did --
the Highway Commission actually, in 1965 or 1966, did pass a
minute order removing this portion of 39; in addition, the
portion of 39 that is now known as Old Ingram Loop through
downtown Ingram, from the system, so it's just kind of been
out there in a no-man's-land for the last 30-plus years.
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JUDGE TINLEY: That being the case,
Mr. Coward, if there's -- if there's no title to the --
originally to the County, or where a right-of-way was
acquired by the County, when it's abandoned, does it not
revert back to the adjacent landowner?
MR. COWARD: I was asked that question this
morning by Commissioner Baldwin, and I'm not sure of the
legal answer. I think, typically, TexDOT -- it originally
was the county road. It became a state highway at some
point, probably in the '30's, and so it -- the original
landowner was origin~~lly a county road on its original land.
So, in this case, tht~ County would have been the original
user and owner of the road. But one thing I wanted to clear
up for Commissioner Nicholson, there should have been in
your packet a second exhibit, which would have been Exhibit
B, which does show the second tract that the -- that the
resolution refers to.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER WILLIAMS: Well, help me out one
more time. We want l~xhibit A, but we don`t want Exhibit B;
is that correct?
MR. COWARD: I think that we -- what we did
is -- I think that under -- I wish I was an attorney
sometimes so I would understand this a little better. But
my understanding is, because of the question of where the
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city limits were when we were preparing these, we went ahead
and took care of, it simultaneously with the City of Ingram.
So, what's in the city of Ingram reverts to City of Ingram.
What's outside the city limits reverts back to the -- to the
County.
COMMISSIONER WILLIAMS: Would that be Exhibit
B goes to the City of Ingram, and Exhibit A goes to Kerr
County?
JUDGE TINLEY: Yeah.
MR. COWARD: I would have to verify exactly
where the city limits are. I don't know.
COMMISSIONER WILLIAMS: I'm getting a nod.
MR. ODOM: This copy right there will verify
exactly where the city 1_imits are at. If you will look at
the Point Theatre, y~~u'll see this blue area, which abuts
against to the base~>ail fence right there. That is the city
limits of Ingram. They've taken that in. So, the question
is, does the resolution as it is still stand, or should we
rescind it and then clarify that portion which you wish
to -- to take in? Because I -- I do not see us being able
to take in that part of the Arts Foundation. It's in the
city limits of Ingram. They can rescind anything they wish
to, but that doesn't negate them from their responsibility.
COMMISSIONER NICHOLSON: I think that's -- as
I read it again, I think that's correct. I think we
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mistakenly or inadve:rterltly accepted Exhibit A and Exhibit
B, when we only intended to accept Exhibit A, and that's all
we had in our package.
MR. ODOM: And may I also -- I don't mean to
be argumentative with Mike here, but that minute order 58435
from 1965 or 1969 only addresses that portion which you gave
me, Mike, and it's written in there, that minute order. It
has to do with the east side; the east side going back up
underneath of Johnson Creek, not the west side. None of
that is taken into the minutes. It's -- there`s two things
that were taken in. One is Camp Mystic and the portion
right there, that old loop right there at -- it's hashed off
in the minute order 58435 from Austin there. So, it had
nothing to do -- and I was instructed five years ago by
Wayne Pehl that the County still -- I mean, the State still
had the right-of-way right there, and you wanted to retain
that in case you did work on that bridge, so they could have
a bypass. So, I can see keeping that left-hand side where
the old crossing's at, that`s blocked off, but the other
side there, you know, the part of that`s inside the city
limits. So my suggestion to the Court is to rescind that
order and then correct it. If it's that portion that they
wish us to take in, that I just need to put it in my
maintenance schedule.
COMMISSIONER NICHOLSON: That's what needs to
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be done, is this -- this resolution needs to be changed to
drop the reference to Tract 2 and Exhibit B, so that we take
in only that portion of Old Highway 39 that's contiguous to
the Ingram Little Le<3gue field, and not that part that's on
the Point Theatre or any of_ the rest of it that's in the
Ingram city limits.
COMMISSIONER WILLIAMS: Can't that be done by
amending the previous court order to reflect those changes?
COMMISSIONER NICHOLSON: I would hope so.
COMMISSIONER WILLIAMS: I would think so.
JUDGE TINLEY: The question that comes to
mind is, is the agenda item sufficient to amend it at this
point, or do we only have the authority to rescind it? And
my thinking is, we can only rescind and --
COMMISSIONER BALDWIN: I say we rescind and
bring it back, and let's do it clean and right when we do
the thing. And then your -- your question whether it's
going to be in maintenance, I see us having two options. We
can either maintain it, or we can quitclaim it to the Little
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MR. ODOM: That's the way I see it.
COMMISSIONER BALDWIN: Whatever we want to

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have it prepared and sent.
JUDGE TINLEY: Okay.
COMMISSIONER NICHOLSON: I move to rescind
that --
COMMISSIONER WILLIAMS: Second. Order 25 --
28560.
COMMISSIONER NICHOLSON: Yes, that's what I
wanted to say.
JUDGE TINLEY: Motion made and seconded to
rescind Court Order iVumber 28560. Any further question or
discussion?
COMMISSIONER NICHOLSON: I understood, Mike,
you said that you wi11 get us the documentation to get it
back on next Commissioners Court meeting?
MR. COWARD: Yes, sir, I'll get it done
today.
COMMISSIONER NICHOLSON: All right. Thank
you.
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: The motion does carry.
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MR. ODOM: Thank you.
JUDGE TINLEY: Thank you, gentlemen. Next
item is to consider approving road names for privately
maintained roads in :accordance with 911 guidelines. Good
MS. HARDIN: Good morning. We have 12
privately maintained roads throughout Kerr County.
COMMISSIONER BALDWIN: I don't have any on
here.
MS. HARDIN: You don't have any on there.
COMMISSIONER BALDWIN: My precinct is done,
'cause we work hard, and that's why we're number one. I do
have a question on hire, though, about the Vanhoozer road.
We had the young lady that came before us last time with
concerns, and I'm not sure of the legalities of it. Does
the actual property owner select that name, or do the
neighbors get involved and have a say-so? Or how --
MS. HARDIN: Normally, it's all entities. I
mean, everyone who owns property along that road should
agree on a road name.
COMMISSIONER BALDWIN: I'm in agreement with
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MS. HARDIN: As of last Tuesday, they had all
COMMISSIONER NICHOLSON: Ms. Hardin mediated
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a -- a name that's acceptable to everybody.
COMMISSIONER BALDWIN: Oh. So we got
granddad's name here, and that's acceptable to your family?
MS. MANN: Yeah, that's fine.
COMMISSIONER BALDWIN: Okay, cool. I'm
happy.
COMMISSIONER NICHOLSON: Thank you,
Ms. Hardin.
COMMISSIONER WILLIAMS: Move approval of the
road name changes as presented by Road and Bridge.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded to
approve the road name changes of privately maintained roads
in accordance with the presentation by Road and Bridge. Any
further question or discussion? All in favor of the motion,
signify by raising y~~ur right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Next
item on the agenda is to consider and discuss and take any
appropriate action of the process for selecting candidates
to be interviewed for the Commissioners Court
Coordinator-slash-Administrative Assistant's position,
authorize temporary hire for interim period beginning
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April 1 until the new employee selected begins employment.
Commissioner Williams, you had asked that this item be
placed on the agenda.
COMMISSIONER WILLIAMS: Yes, sir, only for
the purpose of trying to identify a process for doing this
so that we can sort through the resumes that have been
submitted and come back with some recommendations for
interview.
COMMISSIONER BALDWIN: I have a suggestion.
What I'd like to see done is that we appoint Mr. Williams
and the Judge and the County Treasurer as a committee to go
through -- I don't k~zow how many we have --
COMMISSIONER WILLIAMS: About 20 now, I
guess.
COMMISSIONER BALDWIN: -- to this point, but
go through all of them, and whittle it down to three or
five, and then bring -- because of the time frame, bring
that -- those people and their resumes back to the full
Court for interviews.
COMMISSIONER WILLIAMS: That's your
suggestion?
COMM;_:3SIONER BALDWIN: That's my suggestion.
That's what I want to do. That's the right way to do it.
COMMISSIONER WILLIAMS: I don't have any
problem with it. I just put on it here so we could come up
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with a process. That's as good a process as any, I guess.
JUDGE TINLEY: It's a Commissioners Court
employee. What's the rationale for having the Treasurer?
COMMISSIONER WILLIAMS: Personnel officer.
JUDGE TINLEY: I understand that.
COMMISSIONER BALDWIN: Personnel person only,
and it would be a three -- three-member committee, odd
number. You don't want her on there?
JUDGE TINLEY: Well, I -- whoever's selected
is going to be subject to the personnel policies anyway, is
my only thinking. And this is an employee that's going to
be answering to the Court.
COMMISSIONER BALDWIN: Absolutely. I don't
have any problem with that. I just thought an odd number,
and the personnel officer is always involved in those
things. That's my suggestion, but I don't have a problem
one way or the other if you feel strongly about that. The
two of you? Or do you want to have a full-blown meeting and
put three of you on there?
JUDGE TINLEY: I think Commissioner Williams
and I can handle it adequately, very frankly.
COMMISSIONER BALDWIN: I move that we appoint
the Judge and Commissioner 2 t~ the committee to review the
applications and bring back to the Commissioners Court three
or --
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COMMISSIONER WILLIAMS: I don't think you
need more than three.
JUDGE TINLEY: Three.
COMMISSIONER BALDWIN: Bring back three to
the full Commissioners Court for interviews. Say "second."
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded. Any
further question or discussion?
COMMISSIONER NICHOLSON: I think -- I think
that's workable, and I will -- I've scored the candidates,
and I will give you <~11 my recommendations about who I think
the top two or three are.
COMMISSIONER BALDWIN: As I.
JUDGE TINLEY: Sure, we need your input. 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.
COMMISSIONER BALDWIN: What about the
temporary employee?
COMMISSIONER NICHOLSON: Do we need a court
order to do that, or can we just do it?
COMMISSIONER BALDWIN: Well, let's see.
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There won't be any extra funds involved in that, would it?
COMMISSIONER WILLIAMS: No.
COMMISSIONER BALDWIN: But how are we going
to do it? I mean, are we going to go out here on Main
Street and stop the first person that comes along and hire
them? Or do we go t~~ a temporary service, or do we know
someone? And how long?
COMMISSIONER WILLIAMS: Well, absent all the
other options, we have a temporary service who provides
people. Their -- the hourly rate for those services is
probably a little higher than you would have if we hauled
somebody in off the street, but the results might be better.
JUDGE TINLEY: And it's strictly an interim
thing. And, you know, what are we looking at, maybe 30
days, 45 at the most?
COMMISSIONER WILLIAMS: I think 30 is the
outside.
COMMISSIONER BALDWIN: Thirty is my outside.
COMMISSIONER NICHOLSON: I'll just ask the
personnel officer to supply an interim coordinator for us,
unless you want to handle selecting her.
COMMISSIONER WILLIAMS: No.
COMMISSIONER NICHOLSON: I don't feel the
need to.
JUDGE TINLEY: That's what temporary services
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are for.
COMMISSIONER WILLIAMS: All right with you?
COMMISSIONER BALDWIN: Yeah, that's fine. I
just --
COMMISSIONER WILLIAMS: Make arrangements.
COMMISSIONER BALDWIN: I just think that,
because of the short time frame of the thing, we -- it just
needs to -- needs to get going.
COMMISSIONER NICHOLSON: Yeah.
COMMISSIONER BALDWIN: That's all.
COMMISSIONER WILLIAMS: I don't guess that
requires an actual order. Just ask the personnel officer to
provide us with a -- a replacement beginning April 1 until
further notice.
JUDGE TINLEY: Okay, we'll move on, then, to
the next item on the agenda; consider, discuss, and take
appropriate action on Union Church Use Regulations and
Rental Rates. Commissioner Williams?
COMMI;~SIONER WILLIAMS: I put this back on,
Judge, after having reviewed the material that we had last
time. Mr. Holekamp had marked it up and had made some
suggestions. I met with General Schellhase, who is a member
of the Historical Commission, and I believe he's chair of
the Friends of the Union Church, and we've gone through all
of this and the material that's presented, the rates that
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were suggested, made the necessary changes, and I tweaked
the language to get -- to change them from "Use Suggestions"
to "Use Regulations," and that's what you have in front of
you. I think it's timely now to enact this and put it in
place, because there are folks out there -- believe it or
not, more than one -- who are anxious to use the facility,
have the money up, and are making inquiries, and so it's
time for us to put this in place. In concept, this would be
managed by our Facilities Use Maintenance Department. Jamie
and/or Glenn would handle the reservations -- Jamie,
basically, and the telephone numbers are there. All the
other regulations are in place; when you can use it, when
you can't use it, what the rates would be and so forth and
so on, who gets it free, who doesn't get it free. Tour
buses are out; we don't have to worry about cleaning up the
restrooms after tour bus stops. And we have a -- a lease
agreement which has been tweaked to represent the Union
Church taken from the same lease agreement that we use for
Hill Country Youth Exhibit Center, so I believe the package
is ready to go.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: I have only one language --
minor change on the proposed rental schedule at the bottom.
COMMISSIONER WILLIAMS: Okay, bottom on the
schedule.
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JUDGE TINLEY: I think the last paragraph
would be clearer if it were slightly altered to read, "If
event is canceled 60 days or more before event."
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: And then the second sentence,
where it says "after," change that to "within" 60.
COMMISSIONER WILLIAMS: If the event is
canceled 60 days or more before the event. And, go ahead,
the second change there?
JUDGE TINLEY: The second sentence, where it
says "after 60." "Within 60." Change that to read "within"
instead of "after."
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: I think it's clearer that way.
COMMISSIONER WILLIAMS: I agree. With those
proposed changes, then, I would move adoption of the -- of
the use -- Union Church Use Regulations and Rental Schedule.
COMM:L'~SIONER BALDWIN: Second.
JUDGE TINLEY: Are you incorporating -- and
the lease agreement that's attached as --
COMMISSIONER WILLIAMS: And the lease
agreement.
JUDGE TINLEY: And the format?
COMMISSIONER WILLIAMS: Yes, sir, and the
lease agreement to be used in all cases.
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JUDGE TINLEY: All right. Motion made and
seconded for adoptio~z of the CJnion Church Use Regulations
and proposed rental :schedule, as slightly modified in the
last paragraph, and the lease agreement format. Any further
question or discussion?
this?
MR. SCHELLHASE: No, Commissioner.
Everything's fine.
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: The motion does carry. The
next item on the agenda is to consider, discuss, and take
appropriate action requesting the City of Kerrville to grant
a waiver of hookup and capital recovery fees for sewer and
water connections for the River Star Arts and Event Park
under construction on Kerr County property. Commissioner
Williams?
COMMISSIONER WILLIAMS: Thank you, Judge.
Commissioner Letz and I have been working kind of on the
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edges of this project -- excuse me -- and received
correspondence -- I believe all Commissioners received
correspondence from Mr. Miller, the Executive Director of
the arts park, with respect to the needs of the arts park
for a sewer and water connection. And, as everybody is
aware, I'm sure, the construction is underway out there.
Ground's being moved, buildings are going up and so forth
and so on. We had talked on one other occasion about
whether or not there was any quid pro quo's or precedents in
place with respect to sewer and water hookups. Some
research of the matter reveals that there are probably not
any quid pro quo's, but there certainly is a precedent set
in terms of what accommodations have been made between the
City and the County in situations involving County property
with respect to water/sewer hookups, and refreshing
everybody's memory in terms of how the sewer line got
extended from the city limits to its present stub behind
the -- our facilities.
So, with all those thoughts in mind, and
because we had no meeting in time to get all this done, and
because the construction is underway and the need is clearly
there, I put together the letter which is in your packet to
Mr. Patterson outlining all of this and asking for favorable
consideration by City Council for a waiver of fees and
capital hookup and c<~pital recovery fees. And I stated in
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the back -- second paragraph of my letter, last page of my
letter, that I would anticipate that my letter would be
confirmed by court order so it becomes official for City
Council action, which I understand would take place tomorrow
night. My understanding is that it is on the agenda for
City Council action tomorrow night, and deliberation
tomorrow night. So, what I'm asking here today is that the
letter and the request be confirmed by court order so we can
advise City Council of an official action of the Court.
COMMISSIONER NICHOLSON: I'll move to confirm
the request and authorize the letter.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: The motion made and seconded
to confirm Commissioner Williams' request to the City of
Kerrville as an official Commissioners Court request by
court order. Any further question or discussion?
COMMISSIONER BALDWIN: Question.
JUDGE TINLEY: Yes, sir?
COMMISSIONER BALDWIN: The letter is already
over there?
COMMISSIONER WIT~LIAMS: Yes, sir.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER WILLIAMS: It's there, and we'll
send a copy over of whatever we need to advising them that
the Court took this action this morning.
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COMMISSIONER NICHOLSON: I think it's on
their agenda for tomorrow.
COMMISSIONER WILLIAMS: It is on their agenda
for tomorrow.
JUDGE TINLEY: Any further question or
discussion? All in Eavor 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: The motion does carry. The
next item on the agenda is consider and discuss an
assignment of a real estate lease agreement that is an SBA
requirement for a lo<~n to be received by Texas Arts and
Crafts Fair Foundati~~n, and authorize the Judge to sign the
same. The particular item, the lease assignment format that
is in the materials that you have, there would be three
changes to that. The first one, and of course most
significant, would be in the very opening paragraph. The
actual lease is with the Texas Arts and Crafts Educational
Foundation. I don't think there's a state in that title. I
think it's Texas Arts and Crafts Educational Foundation, is
actually the lessee under the lease from Kerr County to that
property. The other two are minor typographical changes,
one down in approxim~3tely the middle of Page 1, where it
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describes the property as 7.18 acres. That would be
modified, where it says "Stateway," it's "State Highway."
That's just typographical. And then, in the latter portion
on the signature, where it's confirmed by the Arts and
Crafts Educational Foundation, I think there's a misspelling
on the secretary there. But, other than that, the County
Attorney has advised me that he has reviewed this, and with
those changes, it is acceptable.
COMMI:~SIONER WILLIAMS: I would move approval
of the assignment of real estate lease and agreement with
the Small Business Administration, which is a requirement
for a loan to Texas Arts and Crafts Educational Foundation,
and authorize the County Judge to sign same.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. I assume that's with the --
with the three corrections?
COMMISSIONER WILLIAMS: Yes, sir, with the
corrections as noted by the County Judge.
JUDGE TINLEY: Any further question or
discussion?
COMMISSIONER NICHOLSON: This doesn't create
any financial liability for Kerr County?
JUDGE TINLEY: I assume it does not, because
the County Attorney did not so indicate. He has reviewed
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it, and the only changes he indicated were the ones that I
mentioned. 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: The motion does carry. Next
item on the agenda is consideration and discussion and
appropriate action authorizing Kerr County Environmental
Health Department to file a Solid Waste Grant Application
with AACOG for consideration in the next funding cycle.
Commissioner?
COMMISSIONER WILLIAMS: I'd like to go back
to the well one more time, Judge. The last time we put in
an application for additional funding for solid waste
cleanup and regulation, we were probably over-ambitious in
terms of what we were seeking, and we didn't get it, bottom
line was. So, there's another funding window of
opportunity, and Miguel and I met with the AACOG people in
charge of solid waste to review our former -- our prior
application to see what changes needed to be made, to
perhaps make it more acceptable. There is a workshop, I
think, coming up --
MR. A1~REOLA: Tomorrow.
COMMISSIONER WILLIAMS: -- tomorrow, which
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Miguel plans to attend, and applications, as the letter
indicates, are due on April 16th. So, we have not perfected
the application yet, have we, Miguel?
MR. ARREOLA: No, sir.
COMMISSIONER WILLIAMS: We're working on it
to perfect it. What we're asking the Court to do is give us
permission to file an application, and as soon as we have
perfected that bugger, we'll get it to you.
COMMISSIONER NICHOLSON: I sure want to do
that. How -- how much funds do you think we might receive,
and how would we use the funds?
COMMISSIONER WILLIAMS: Miguel, how much are
we going to ask for this time? Have you got that number
kind of roughed out?
MR. ARREOLA: I don't have the exact number
yet. It might be about the same that we applied last time.
It's going to be used a little different than the original
application. The original one had -- in their view, had
some liability involved, and we're going to try to avoid
that this time. We're just talking to the people that might
get involved also with the rest of the teamwork; basically,
the Road and Bridge Department, and also looking at some
liability that we need to address, and we have a meeting
this afternoon with them and the county -- um, that controls
all the insurance.
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COMMISSIONER WILLIAMS: The liability issue
Miguel's referring to has to do with -- in the prior
application, we were talking about hauling our waste oil
back into a centralized point for pickup, and it was pointed
out to us that that really does create a liability. If we
have an oil spill somewhere, or a pickup that we might own
and operate is involved in an accident and we spill
500 gallons of oil, we got a major liability, and we don't
want that. And so it was pointed out to us that we should
really kind of craft our application to avoid such things as
that. This application would envision using County property
in three locations; the yard iri west Kerr, the yard in east
-- in Center Point, ~~nd some location on Road and Bridge, to
build a coffered-type receptacle for people to bring
recyclable oil into, and we would arrange for it to be
picked up by a licensed, bonded recycler who -- who does
these things right, taking out manpower requirements on our
part, and taking out liability on our part. And that's kind
of the basic changes. Am I correct?
MR. ARREOLA: Basically, mm-hmm.
COMMI;~SIONER WILLIAMS: And there may be some
other tweakings in it, but essentially it's a modification
of our previous approach.
MR. ARREOLA: We also will try to -- we're
going to apply for -- in a separate grant, for salaries for
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the Code Enforcement Officer. We want to get a full-time
Code Enforcement Officer, and they have asked us to do this
in a separate grant. We'll see if we can -- we can get it
this time. Probably a separate grant.
COMMISSIONER WILLIAMS: We had -- I'm sorry,
Judge. Let me just add to that before you get to your
question. We have a tried-and-true trouper who has been our
solid waste officer, former deputy Eddie North, and
Constable North -- Deputy Constable North. He does an
excellent job; he's just a super guy. The problem is, his
health is failing him, and he has limitations in terms of
the amount of time he can work. We made the AACOG folks be
aware that we are not asking to -- to use their dollars to
replace our dollars in funding that position, as we know it
today. We're asking dollars to supplement the position so
that we can end up with a full-time solid waste officer,
five days a week instead of two days a week. And so that
would become a separate grant, apart from what we're talking
about. So, in fact, we're asking for two. We're going to
do two.
MR. ARREOLA: Yes, sir.
JUDGE TINLEY: The workshop that you're
planning on attending tomorrow, is this that special grant
workshop that AACOG imposes as a precondition for
eligibility to even apply for these grants?
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MR. ARREOLA: Yeah. It's not a precondition,
but it's highly recommended. It's for us to know what they
want.
COMMISSIONER NICHOLSON: You better show up.
JUDGE TINLEY: It's more than highly
recommended, from my understanding.
COMMISSIONER WILLIAMS: Strong -- strongly
suggested that you avail yourself of that service.
COMMISSIONER NICHOLSON: If we -- if we could
survey the people who live out in the county and ask them
what they were concerned about, I suspect that solid waste
would be on up there in the top ten somewhere. Anything we
can do to attack solid waste problems is something worth --
worth doing, I think.
COMMISSIONER WILLIAMS: Well, I would move
that we -- the Court grant permission for Environmental
Health to follow.-- to file Solid Waste Grant Applications
-- it should be plural, Judge, 'cause we are actually going
to do two -- with AACOG for consideration in the next
funding cycle.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Is there any further
discussion or questions?
COMMISSIONER BALDWIN: I have a question.
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Now, Bill, you talked about picking up used oil, and
basically that's all I heard. Are we going to -- of course,
we're going to continue our solid waste trash program, but
are we expanding only toward the pickup of oil? Or are we
going to expand our trash pickup as well?
COMMI;~SIONER WILLIAMS: That's a good
question, Commissioner, and I omitted it. We are going to
do batteries.
MR. ARREOLA: Batteries also.
COMMISSIONER WILLIAMS: And we were told --
we don't have to basically have a concern on latex paints,
because that's water-soluble and not a problem, but we're
going to try to devise a plan for picking up oil-based
paints and facilitate reuse in some other location, but that
would be added to it as well.
COMMISSIONER BALDWIN: Okay. I didn't --
guess I didn't ask my question properly.
COMMISSIONER WILLIAMS: I'm sorry.
COMMISSIONER BALDWIN: Today Mr. North goes
out and deals with junk cars and illegal landfills and those
kinds of things. That is not being done because of his
health problems; I understand that. So, are we going to
start letting that side of it drop off to expand to pick up
somebody's oil?
COMMI:~SIONER WILLIAMS: No, sir. No,
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absolutely not. Or that is not our intention at all. Our
intention, by asking for three more days of funding to make
that a full-time job, would, in fact, increase that
surveillance, and that's not our intention, to let that slip
at all.
COMMISSIONER BALDWIN: Okay. So -- so, what
you're going to do is you're putting together the -- your
actual grant request, and then that's coming back in here
before it goes to thf~ same --
COMMISSIONER WILLIAMS: If the Court wishes
11 it to.
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COMMISSIONER BALDWIN: I thought you said
COMMISSIONER WILLIAMS: I said we would make
the Court aware of what -- of the entire applications, but
we need to have the permission to get it done and filed, but
we'll bring them to the Court for information purposes.
COMMISSIONER BALDWIN: Cool.
JUDGE TINLEY: With -- with that
clarification, the City of Kerrville Recycling Center that's
on county property that -- that they operate by lease from
Kerr County, they have a periodic acceptance of hazardous
waste-type materials. The frequency is twice a year? I
knew it was rather limited, but county residents have the
ability to bring their things in. My recollection is
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that -- that used motor oil is not one of the items that
they will presently accept, is it?
MR. ARREOLA: They don't take it right now.
I think they will take it at those two times during the year
and special events.
COMMISSIONER WILLIAMS: No, they will not.
They discontinued it.
MR. ARREOLA: They discontinued it?
COMMISSIONER WILLIAMS: Discontinued motor
oil. That's one of the reasons we think it's necessary. I
get a lot of calls, Judge, from people who want to know what
to do with crankcase oil from ranch and farm equipment and
so forth, trucks. And the City had -- correct me if I'm
wrong, Miguel, but the City had, I believe, two --
MR. AI~REOLA: Two special --
COMMISSIONER WILLIAMS: -- two special
dealies for collecting oil, for lack of a better word. I
don't know what to call it.
JUDGE TINLEY: Okay. Containers?
COMMISSIONER WILLIAMS: Containers.
COMMISSIONER BALDWIN: Dealies?
COMMISSIONER WILLIAMS: Dealies. And they no
longer use them, so we're going to see if we can figure out
a way for them to get. those in on our use so we can press
them back into service, and then add another one, and build
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coffer dams around them necessary for where they are placed
and the fencing around them so that they can't be
vandalized. But they don't collect it any more, for
whatever reasons; I don't know. But --
MR. ARREOLA: It's something --
JUDGE TINLEY: -- I know they -- I know on
these two specified days, they collect paint and -- and
items of that type. What about batteries?
MR. ARREOLA: I don't think they do it. I
don't think they do it,
JUDGE TINLEY: Okay. I'm just trying to
avoid any overlap area. But if the -- if the need is -- is
greater than twice a year, it would seem like, as to what
they do accept, the -- maybe part of the discussion ought to
be with the City to expand their operation over there, since
it's already operating, to provide more accessibility for
these items. Certainly, as to the items they`re not taking,
it makes sense that :somebody be equipped so that they don't
end up out in the middle of the boondocks somewhere. But
what I don't want to see happen is that we end up having
items placed with us, and then on the two days that the City
is willing to accept them, we end up taking them to the
City, where we're having to pick up the responsibility of
handling those. Whereas, if the expansion of their
operations would become slightly greater, the citizens could
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take them directly there.
COMMISSIONER WILLIAMS: We could certainly
coordinate that, Jud~~e. It's not our intention to remake
the wheel.
JUDGE TINLEY: That's all I have. 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: The motion does carry. The
next item on the age~zda is consider, discuss, and take
appropriate action on an amendment to the engineering
contract with Tetra Tech, Inc., to extend the termination
date until December 31, 2006, and to authorize the County
Judge to sign the same. Commissioner Williams?
COMMISSIONER WILLIAMS: This has to do with
getting the next phase underway, and time has not worked in
our favor on these. All this does is extend the contract --
as per the request of Grantworks, extend the contract to a
termination date of December 31, '06. And, as our
representative of Grantworks said, if we don't get this
thing done before thin, he's going to become an astronaut
and go away. So, I move --
COMMISSIONER BALDWIN: That may be true.
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COMMISSIONER WILLIAMS: -- I move the
extension of the -- of the date to December -- of Tetra Tech
engineering agreement to December 31, '06, and authorize the
County Judge to sign same.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Any questions or discussion?
All those 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: The motion does carry. Next
item on the agenda is to consider, discuss, and take
appropriate action to award bid for single course
sealcoating on Wood, Ripplewood, Green Meadow, and
Sweetwater streets to low bidder, Edmund Jenschke, as part
of the Kerrville South Wastewater Project, the funds being
available in the grant money.
COMMISSIONER WILLIAMS:
another of the -- of the issues we're
cleaning up on the first phase of the
work where trenching was done has bee
agreement with Mr. Woods early on for
easements and so forth was to restore
Again, Judge, this is
wrapping up and -- and
project. The patching
n done, and our -- our
trenching and
his roads to a
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condition as near as they were before we started cutting
into them. As before, the money is in the grant to do this.
And we have three estimates of cost, those being under
$25,000, so we went to estimates of cost. The lowest
estimate to do the job per specifications is $12,800 from
Edmund Jenschke, Incorporated. I want to thank our Road and
Bridge Administrator, Mr. Odom, for being a part of this
process and helping us determine exactly what we needed and
how best to do it, and his recommendations were valuable in
this process. So, what we're asking now is approval of a
contract, which I ha~~e here, for this single course surface
treatment on the roa~~s as indicated, Wood, Ripplewood, Green
Meadow, and Sweetwater, and to go to Mr. Jenschke, and I
move it, authorize the County Judge to sign same.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY:
approval of the agenda item,
question or discussion? All
by raising your right hand.
(The motion c
JUDGE TINLEY:
Motion made and seconded for
as indicated. Any further
in favor of the motion, signify
arried by unanimous vote.)
All opposed, same sign.
(No rE_sponse. )
JUDGE TINLEY: The motion does carry.
COMMISSIONER WILLIAMS: Thank you.
JUDGE TINLEY: Next item on the agenda is
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consider and discuss authorizing an ad valorem tax freeze on
residential property of persons age 65 and older and
disabled persons and their spouses, as authorized by House
Joint Resolution Number 16. Commissioner Nicholson.
COMMISSIONER NICHOLSON: Okay. We've debated
this in Commissioners Court meetings. We've had our
required public hearing. We've looked at the vote that
was -- Kerr County voters overwhelmingly approved this House
Joint Resolution. We held our public hearing, and in that
hearing we had a robust attendance, and -- and we heard that
the very large majority of those who spoke out on it favored
freezing of ad valorem taxes for those age 65 and older and
disabled. We asked for information about estimates on what
tax -- or revenue losses would be, and we received that, and
those range from $111,000 loss beginning in 2005, building
up to a $1,438,000 annual revenue loss in the year 2014.
So, it's now -- I think we have heard all we need to hear
about it. We've got the information we need, and now it's
time to act on it.
COMMISSIONER
have this document that was
Collector, Paula Rector? I
Paula. Are you prepared to
MS. RECTOR:
COMMISSIONER
WILLIAMS: Does that -- we all
prepared by the Tax Assessor/
have some questions about it,
discuss it with us?
I will do my best.
WILLIAMS: I think it would be
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helpful if you would give the Court and the public the
assumptions that you used to prepare these estimates of
revenue reductions.
MS. RECTOR: With the help of the Appraisal
District on these figures, the -- we took a 5 percent --
conservative 5 percent taxable increase for the next ten
years, and according to KCAD records, there's -- 52 percent
of the homestead exemptions for Kerr County are either over
65 or disabled persons, and that makes up about 27,
28 percent of the taxable value for Kerr County after the
exemptions. Now, you understand that there is no freeze the
first year that it goes into effect. That first year
establishes the freeze; the freeze actually is in place on
the second year. What we took on the figures here was the
total taxable value starting in the tax year 2004, with our
5 percent taxable increase, and calculated the amount of
taxes frozen and the amount not frozen using our current tax
rate throughout that 10-year period, to come up with the
levy with the freeze and the levy without the freeze, to
arrive at the revenue loss for each year.
COMMI;~SIONER WII,LIAMS: Okay. And so what
you're telling us is that there is no impact in the first
year, obviously.
MS. RECTOR: Right.
COMMISSIONER WILLIAMS: And that, beginning
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in the year 2005, which would be for county budget year
'05-'06 --
MS. RECTOR: Right.
COMMI:~SIONER WILLIAMS: -- the impact of lost
revenues would begin at $114,377, and over the course of ten
years, would increase proportionately due to increased
property values and so forth and so on, I assume, to the
point that on year 10, the revenue reduction amounts to
1.348631?
MS. RECTOR: That's correct.
COMMISSIONER WILLIAMS: $1,348,631,
MS. RECTOR: That's correct, and that's using
the 5 percent increase and using the same tax rate that we
have now. Now, I think in the future, we would see the tax
rate changing with the revenue loss. There has to be some
way to make up that revenue loss, by either increasing the
tax rate or cutting services to the county, and that's
something I think we're all kind of struggling with right
now. If you'd like for me to talk a little bit about some
other options, perhaps, other than the freeze --
COMMISSIONER WILLIAMS: I`d like to hear
them.
MS. RECTOR: Okay. There is an optional
percentage exemption that taxing entities, including
city/county schools -- the schools already have that option,
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and it is an exemption up to 20 percent of the home value,
and no matter what the percentage of the amount is, the
optional exemption cannot be less than $5,000. Now, that's
optional, across the board for everyone, regardless of age,
as long as it's your homestead. There's another optional
over 65 and disabled --
COMMISSIONER
MS. RECTOR:
COMMISSIONER
option, in effect, it becom
exemption; is that correct?
school districts do?
WILLIAMS: Excuse me, Paula.
Okay.
WILLIAMS: Excuse me. As an
=s a homestead declaration and
Similar to what independent
MS. RECTOR: Yeah, it has to be your
homestead. It has to be declared your homestead.
COMMISSIONER WILLIAMS: And it applies across
the board, all property owners?
MS. RECTOR: To all homeowners.
COMMISSIONER WILLIAMS: Regardless of age?
MS. R]~CTOR: Yes, that's correct.
COMMISSIONER WILLIAMS: Is that the way it is
for independent school districts?
MS. RECTOR: Yes.
COMMISSIONER WILLIAMS: All across the board,
everybody?
MS. RECTOR: They have a homestead exemption,
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an optional exemption, plus their freeze.
COMMISSIONER WILLIAMS: Thank you. Okay.
Sorry to interrupt you.
MS. RECTOR: That's all right.
JUDGE TINLEY: Let me ask you another
question while we're at this juncture -- or actually, maybe
two questions.
MS. RECTOR: All right.
JUDGE TINLEY: Can there be a differentiation
between applying that exemption between over 65 and/or
disabled, and under 65 and non-disabled?
MS. RECTOR: Can there be a --
JUDGE TINLEY: Can you say, for example, that
we're going to -- we're going to apply 10 percent to under
65, and 15 or 20 percent to over 65?
MS. RECTOR: No, it has to be across the
board.
JUDGE TINLEY: Okay.
MS. RECTOR: Yes.
JUDGE TINLEY: All right. Then, am I also to
understand that -- that that percentage follows the course
of the value of the property? The value of the property can
change; the percentage just goes with it?
MS. RECTOR: That's right. That's correct.
JUDGE TINLEY: Thank you. I'm sorry,
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continue.
MS. RECTOR: The other optional exemption is
an over 65 or disablf~d exemption, and that's at least
$3,000, and as for taxpayers 65 and over or disabled, the
sky's the limit on that amount. And it only applies to the
over 65 and disabled. Now, that also -- your value still
increases, the tax dollar amount increases, but you've got
your -- your dollar amount exemption off of the actual value
of your -- of your homestead.
COMMISSIONER WILLIAMS: I need a little
clarification from you as to what -- what is the
distinction. In the first one, you said we could do
percentage, but it has to be across the board, A to Z?
MS. RECTOR: Right.
COMMISSIONER WILLIAMS: In this one, you talk
about a dollar amount. Is that the distinction?
MS. RECTOR: That`s --
COMMISSIONER WILLIAMS: The dollar amount,
and it can be for persons 65 and older or disabled, and it
could apply only in that category?
MS. RECTOR: That`s correct.
COMMISSIONER WILLIAMS: Has to be a dollar
amount?
MS. RECTOR: Yes.
COMMISSIONER WILLIAMS: As opposed to a
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percentage of the value?
MS. RECTOR: That's correct.
COMMISSIONER WILLIAMS: Okay. So, the
minimum being $3,000, and the maximum being whatever a
governing body determines?
MS. RECTOR: Chooses.
COMMISSIONER WILLIAMS: Is that correct?
MS. RECTOR: That's correct. That's correct.
COMMISSIONER WILLIAMS: Okay. The other
distinction, obviously, is if we did an exemption along
these lines, beginning in budget year '04-'05, where your --
calendar year 2005 for budget year '04-`05, persons 65 and
over and/or disabled would, in effect, get a tax reduction;
is that correct?
MS. RECTOR: That's right.
COMMISSIONER WILLIAMS: As opposed to, if we
went the other way, that category of persons would only get
a freeze on the existing tax. Is that a clear distinction
of what we're talking about?
MS. RECTOR: Yes. Whatever your tax amount
is for 2004, that establishes the freeze. Say you pay $100
in 2004. In 2005, it's going to be frozen at $100, and it
will maintain that amount unless you make improvements to
your property or you move to another location within the
county.
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COMMISSIONER WILLIAMS: And if we went the
exemption route, if I had, for example, a house valued at
$100,000, case-in point --
MS. RECTOR: Mm-hmm.
COMMISSIONER WILLIAMS: -- and the governing
body determined to have a tax exemption of $20,000 --
MS. RECTOR: Mm-hmm.
COMMISSIONER WILLIAMS: Right? That would be
permissible, would it not?
MS. RECTOR: Yes.
COMMISSIONER WILLIAMS: That would mean that
my tax bill for county taxes in the ensuing year, '05, would
be based on $80,000 value, not the $100,000.
MS. RECTOR: That's correct.
COMMISSIONER WILLIAMS: Is that correct?
MS. RECTOR: That's correct.
COMMISSIONER WILLIAMS: And, as opposed to
that, a tax freeze would mean that my property -- my same
$100,000 property, would be taxed and frozen at $100,000,
whatever that tax levy is.
MS. RECTOR: That's right.
COMMISSIONER WILLIAMS: Is that correct?
MS. RECTOR: Whatever your tax amount is at
that time that it's established, which would be 2005.
COMMISSIONER WILLIAMS: I see. Have you, by
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any chance, worked up the numbers as to what a -- what
exemptions in dollar increments might mean to revenue,
similar to what you did here?
MS. RECTOR: I have not at this time. The
Appraisal District staff that would have been supplying me
these figures were not in the office last week, but I will
be happy to do that for you if you would like for me to.
And it might paint you the same kind of picture that this
has done for you if we do some figures on either the
percentage homestead exemption or the over-65 dollar amount.
Any other questions?
JUDGE TINLEY: Any other questions of
Ms. Rector? Do you have any other information you wish to
present to us?
MS. RECTOR: Not at this time, unless anyone
else has any questions.
JUDGE TINLEY: Okay. Thank you, Ms. Rector.
MS. RECTOR: You're welcome.
JUDGE TINLEY: We did have a speaker that had
signed up and requested to speak today. Mr. Eller?
MR. ELLER: Judge, Commissioners, my name's
Charlie Eller. I live in Greenwood Forest. I urge the
adoption of this motion. The people have spoken. They
voted overwhelmingly for this, about 87 percent. An
election is certain to be passed, and it would be put in
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effect by election. Again, I can not foresee how an
election being called, this would not pass. I'd like to
also state that I always hear governments talk about the
money they lose, when they never had it, okay? And it's
like it's their money. It's not. It's ours, and we -- we
are speaking. The impact of doing this freeze will be zero
unless the Commissioners Court increases spending and
increases it over and above the new taxes on new
construction in this county. The people voted on
Proposition 13, not .some thing you may decide to negotiate
amongst yourselves. And, if I read the numbers right -- I
don't have the document, but I believe it was, like,
$1.3 million being lost in ten years? Was that --
MS. RECTOR: Mm-hmm.
MR. ELLER: That says you're planning to
increase spending my tax dollars by at least $5 million over
the next ten years. That's what it really says. I think
there are many areas where we can reduce spending. And if
the Court will simply assume the proper role of government
-- health, welfare, and safety of the people -- and stop
social engineering, we can make a sizable impact on this
budget. Put simply, if Commissioners Court will simply obey
the Constitution of the State of Texas, there will be no
need to increase tax revenues through increased property
values or tax rate increases. Again, I urge you to proceed,
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approve this. Our only alternative is to have an election.
Thank you.
JUDGE TINLEY: Thank you, Mr. Eller. Any
further questions or discussion about this?
COMMISSIONER BALDWIN: I've got a comment, if
we're to that point. Are you going to make a motion?
COMMISSIONER NICHOLSON: Yes.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER NICHOLSON: I'm going to move
that we authorize an ad valorem tax freeze on residential
property of persons age 65 and older and disabled persons
and their spouses, as authorized by HJR Number 16.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded.
Questions or discussion?
COMMISSIONER BALDWIN: Judge, I want to agree
with one thing Mr. Eller says, but one thing only. The rest
of it was incorrect information. But the -- of the people
that voted for this issue, 87 percent voted for approval;
however, there was a very, very, very small amount of people
that voted on the issue. However, 87 percent is -- is an
impressive number. Subsequently, we had a public hearing,
and a pretty nice crowd, if you remember. We moved up to
the district courtroom to handle that. And there was one
under-65 person to oppose the issue. And I think there's a
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great lesson to the citizens of Kerr County. You either
participate, or things are going to go against your way.
So, it looks to me like no one under 65 cares. That's the
way it appears to me. They had two opportunities, one to
vote and one to come to speak at the public hearing, and
they chose not to do that. So, I'm going -- I'm going to
approve it, because the -- the people have spoken, and I'm
going to give them what they want. That's all.
COMMISSIONER WILLIAMS: I want to just make
one comment, Judge. I don't want the public to take the --
get the impression I'm opposed to it. I`m not opposed to
it, and if this is the only option that`s on the table for
us to consider officially, then I -- I probably have no
choice but to approve it, or vote favorably. I arn, however,
not convinced in my own mind that this is the best option.
I think an option of exemptions by whatever percentage or
dollar amount that the Court would determine presents a
better option. I think it's a better option for the people,
because their taxes are reduced. But if this is the only
thing we got in front of us, then we are at that point --
well, I'll say what I've said.
JUDGE TINLEY: Commissioner Nicholson, do you
have anything furtrier to offer?
COMMISSIONER NICHOLSON: One last thing, more
or less parroting what Commissioner Baldwin said, but adding
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onto that; that I don't need to hear any more from the
voters, from the property owners. I've heard enough. If
we -- if we force thF~ voters to petition us to hold an
election, I can predict the outcome of that election. If --
if the previous vote had been something like 55-45, I
wouldn't be able to predict the outcome of another election,
but with the overwhelming majority that we had earlier, I
think it's safe to assume that if we put the citizens
through the -- through the process of having to get
petitions together, then we'd have to hold an election and
pay for that election, and for no good reason. So, I'm --
I'm ready to move on down.
JUDGE TINLEY: Okay. Like has been
indicated, I -- I think the vote in favor of the
constitutional amendment was a harbinger of things to come.
I suspect if an election were held on this sole issue, it
may not pass by such an overwhelming majority, but I am
convinced that, of those persons who care to exercise their
privilege to vote, which is unfortunately too few, but that
I'm convinced that on this single issue, that it would
absolutely pass, without fail. And we are representatives
of the people, and we're obliged to act in that capacity.
We could certainly force them to go the petition route, hold
an election, and be out that -- that expense. But, worse
yet, following that course I think would probably do some
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degree of harm by the divisiveness that it might create. I
think the result is known, and it's going to happen. And I
would hope that whatever action this Court has to take in
order to work around whatever problems a freeze may cause, I
feel confident that the elderly and the disabled will join
forces with us and the other people of this county in order
to do whatever's reasonable and necessary to resolve
whatever's required to take care of those needs. But the
bottom line is, I don't want to see that divisiveness
happen, and feel that it might cause some lasting scarring,
and that I think would be worse than any other result. So,
I definitely am in favor of -- of the freeze. I know it's
going to create some difficulties for us. We'll deal with
it. And I'm confident that the public will -- will support
us in whatever we have to do in order to resolve those
problems. Any further question or discussion?
COMMISSIONER BALDWIN: Can I say one more
thing?
JUDGE TINLEY: Yes, sir.
COMMISSIONER BALDWIN: Okay. I wanted to go
back to Charlie's whining over there about expanding
government, which he is exactly 100 percent correct. To
give you an example of that, five minutes ago we were
talking about getting a grant to expand our Environmental
Health Department to help protect the environment in Kerr
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County. You get that grant, you hire a person, and in a
couple of years that grant runs out; that person becomes a
County employee, paid for by tax dollars. I didn't hear you
scream about that, Charlie.
MR. ELLER: Mr. Baldwin?
COMMISSIONER BALDWIN: Yes, sir?
MR. ELLER: I can't fight all the battles.
COMMISSIONER BALDWIN: Oh. Oh.
MR. ELLER: But I would -- I would suggest
that when you brought up a grant, you explain to the people
how much it's really going to cost over the next ten years,
like you did this item.
COMMISSIONER BALDWIN: I agree. I agree 100
percent. I'm ready to vote.
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: The motion does carry,
unanimously. The next item on the agenda is consider and
discuss requesting Lhe County Attorney to provide or obtain
a written opinion indicating what elected official or body
has the authority to approve settlements of final judgments
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in bail bond forfeiture cases. I point out to the Court
that the request for the opinion was for an A.G. opinion, as
the backup material would indicate. It may not be clear in
the agenda item.
COMMISSIONER BALDWIN: I agree.
JUDGE TINLEY: Okay. You so move?
COMMISSIONER BALDWIN: Tc -- we're requesting
the County Attorney to get a legal opinion from the Attorney
General.
JUDGE TINLEY: That's --
COMMISSIONER BALDWIN: So moved.
JUDGE TINLEY: Okay.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
the agenda item, that the County Attorney request an opinion
from the Attorney General on the issue as framed. Any
further question or discussion?
COMMISSIONER NICHOLSON: I'd ask the
Commissioner to -- if he would consider amending that and
asking that that A.G. opinion request be done within 10
days.
COMMISSIONER BALDWIN: Fine. It won't work,
but we can sure try. Yes, I'd amend mine.
COMMISSIONER NICHOLSON: I've been listening
to this same issue since before I was on the Commissioners
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Court, so I'd like to -- I'd like to see some resolution --
quick resolution of the issue.
COMMISSIONER BALDWIN: That we request the
County Attorney to do it within 10 days? Or do you want the
answer back in 10 days?
COMMISSIONER NICHOLSON: Request the County
Attorney to make the A.G. request within 10 days.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: That's the motion and the
second? Any further questions or discussion on it? 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: The motion does carry.
COMMISSIONER BALDWIN: Judge, are we going to
take a break?
JUDGE TINLEY: We'll catch a few more
minutes. Next item on the agenda is consider and discuss a
request to approve the proposed budget amendment for the
Kerr Central Appraisal District.
COMMISSIONER WILLIAMS: I didn't put it on.
JUDGE TINLEY: Okay, I put it on. Okay.
The -- the Appraisal District has suggested that -- that
their budget amendment be approved. It's basically --
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they're not asking for more money; it's just a reallocation
of the funds to be used. I think what they're talking about
is -- is making a move from the current location for
the very reasons as specified in the request.
COMMISSIONER WII,LIAMS: This would assume
ultimately, Judge, that their plan would be to dispose of
the current property at some point in time? Is that your
understanding?
JUDGE TINLEY: That's the premise of their
request.
MS. RECTOR: Can I speak to that, please?
JUDGE TINLEY: You certainly may. Ms.
Rector, of course, is our representative to the board at the
Appraisal District.
MS. RECTOR: We have been, as a board,
discussing the future of the Appraisal District building,
and as you know, that building was the old radio station,
been there for many years, and is having some major
problems. The roof is leaking. They have a leak in the
slab that flooded the building twice this last month. They
had to reroute all the plumbing to the outside of the
building. In essence, it's pretty much crumbling around
their ears. We've got a committee that is looking into
either rebuilding on that existing site, since the property
will be paid for within five years, trying to renovate the
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existing building, or actually moving to another site,
either an existing building there or buying property and
building. So, we're looking at all the options right now,
but we're trying to build reserves up so that we have some
money in place to be able to do that. I think it's
something that's -- we've got to pay attention to within the
next year or two, budget-wise, and we're asking to move that
$28,000 into that reserve account. It'll be no additional
expense to any of the taxing jurisdictions. This is moneys
that they saved from some of the budget items that they were
able to save money in.
COMMISSIONER WILLIAMS: Ms. Rector, has the
Appraisal Board of Directors determined whether you're going
to purchase another piece of property and build a new
facility, or lease a property, or have you gotten that far
in the deliberations?
MS. RECTOR: Not at this point. They're
still looking into all the options, whether to lease,
purchase another piece of property and build, build on the
existing property, or trying to renovate that building.
They're trying to get some costs together right now to see
which is the best way to go.
COMMISSIONER BALDWIN: I can't believe
Charlie Eller walked out on another one. Here's another one
right here. It -- the funds were originally budgeted for
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other expenses that did not -- they did not incur. What
about the old way of thinking of giving it back to the
taxpayers? If they have extra money, give it back to the
taxpayers. I move for approval.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agen~~a item. Any further question or
discussion?
COMMISSIONER NICHOLSON: Is our approval
needed, or do we have the authority to make approval to -- I
assume we do.
JUDGE TINLEY: We approve the budget of the
Appraisal District, and as a result of that, they're coming
back to us asking us to authorize an amendment to it.
COMMISSIONER BALDWIN: You have to go to all
the other entities as well, don't you?
MS. RECTOR: Yes, I have a letter out to all
the other jurisdictions.
COMMISSIONER WILLIAMS: We don't have enough
votes to stop it; it wouldn't make a lot of difference.
COMMISSIONER NICHOLSON: Like voting on board
members.
JUDGE TINLEY: Yeah, we're lucky we got
Ms. Rector there. If we didn't pool all of our votes, we'd
be up the proverbial. creek, wouldn't we?
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MS. RECTOR: Appreciate your support.
JUDGE TINLEY: Thank you. Any further
questions or discussion on the motion? 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: The motion does carry.
COMMISSIONER NICHOLSON: Judge, our
stenographer needs a break.
JUDGE TINLEY: All right, we'll certainly
give her that. We'll stand in recess until 20 before the
hour.
(Recess taken from 10:26 a.m. to 10:40 a.m.)
JUDGE TINLEY: Okay, let's come back to
order, if we might. It's about 18 before 11:00. We went
into recess, and we'll now reconvene the meeting. Next item
on the agenda is consideration and discussion of a request
by the Hill Country Automobile Club to use the courthouse
square for their annual car show on July the 3rd. The
request is in your packet. It's been cleared with the
Market Days coordinator. They've gotten where they're
pretty good about clearing those.
COMMISSIONER WILLIAMS: So moved.
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COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the request and the agenda item. Any further
question or discussi~~n? All in favor, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Next
item is consideration and discussion of a request for
permission to hang children's shoes from the trees in front
of the courthouse during the month of April, which is Child
Abuse Pretension and Awareness Month, that request by Hill
Country CASA.
COMMI;~SIONER WILLIAMS: Is that during the
entire month of April?
MS. DAMS: Yes.
COMMISSIONER WILLIAMS: And the request is to
hang them, so is somebody going to take them down?
MS. DAMS: Yes, sir.
COMMISSIONER BALDWIN: You did take the kids
out of the shoes?
MS. DAMS: Well, we will not put children in
the trees.
COMMISSIONER BALDWIN: We're going to abuse
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them for a whole month.
MS. DAVIS: We're going to abuse the shoes
for a whole month.
COMMISSIONER BALDWIN: Shoes.
MS. DAMS: Just the shoes, no children.
COMMISSIONER WILLIAMS: The reason I asked
about taking them down, Judge, is because, for example, the
United Way campaign, once it puts that sign up, that sign
never comes down, regardless of how successful or
unsuccessful or the .Length and duration of the campaign, so
I was just wondering.
COMMISSIONER BALDWIN: Even more pertinent,
if you look at this -- this large tree right out here on the
corner, there are very old Christmas lights hanging down as
we speak, and have been for years. And, I mean, it's the
ugliest thing on the courthouse, and they're just hanging
there, not used. They're old and worn out, and I guess
we're going to have to get a bulldozer to get them down; I
don't know. So, you will clean up?
MS. DAVIS: We will put them up and we will
take them down, yes, sir. And we will have signs saying
what they're for, what they represent.
COMMISSIONER BALDWIN: Tell us more about it.
MS. DAMS: There -- in Texas in 2002, there
were 203 child fatalities from child abuse and neglect. In
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2003, there were 184. And I have other stats from '97, '98,
'99 -- or '98. I don't have '99 or 2000 yet. It's just a
way to bring awareness to child abuse prevention in Kerr
County.
COMMISSIONER BALDWIN: Your hanging shoes
from the trees?
MS. DAVIS: Yes, sir. Each pair of shoes
will represent a child.
COMMISSIONER WILLIAMS: Where are you getting
the shoes? I'm just curious.
MS. DAVIS: We will get our shoes from
K'Star, from thrift stores, Crisis Council.
COMMISSIONER WILLIAMS: Okay.
MS. DAMS: This is not just CASA. It's the
Crisis Council, it's Family Outreach, it's CAP, and Family
Services of the Hill Country, Amy Blanks. And K -- did I
say K'Star? All five of us.
COMMISSIONER WILLIAMS: You're going to avail
yourself of the services of the Kerrville Daily Times and
the Mountain Sun to promote this little campaign so people
will understand that you didn't take those shoes off of poor
little kiddies running around town without shoes on?
MS. DAMS: Since we have your permission,
yes, sir, we will.
COMMISSIONER WILLIAMS: Okay.
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MS . DAMS : We will .
MS. LAVENDER: What about the TV station?
COMMISSIONER BALDWIN: Maybe they'll donate
some shoes.
MS. DAMS: Okay.
COMMISSIONER BALDWIN: So, you're telling us
that the end of April, the shoes are coming down?
MS. DAMS: Yes, sir. Yes.
COMMISSIONER BALDWIN: How many days are in
April?
JUDGE TINLEY: Thirty.
COMMISSIONER BALDWIN: So, April 30th or May
lst? We got -- we have to get specific.
MS. DAMS: April -- what is April 30th?
COMMISSIONER BALDWIN: I don't know. I asked
you first.
MS. DAMS: What is the last Friday of April?
MS. SOVIL: 30th.
MS. DAMS: Okay. They will be down by
April 30th.
COMMISSIONER BALDWIN: I like it.
MS. DAMS: Okay. Now, they'll be up by
April 1st.
COMMISSIONER BALDWIN: I'll move for
approval.
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COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. 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: Motion does carry. Next
item -- thank you very much.
MS. DAMS: Thank you.
JUDGE TINLEY: Next item on the agenda is
consider and discuss the request for permission to hold the
annual garage sale by Tivy High School Cheerleaders. This,
again, is an annual event and has been coordinated with
the -- with the Market Days people. They have designated
May the 15th as the preferred date. They gave us three
possible dates, and they designated May the 15th as the
preferred date.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item as to May the 15th, 2004. 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: The motion does carry. Next
item is consideration and discussion of the status of the
burn ban. This was placed on as a result of the last burn
ban action, to my recollection.
COMMISSIONER NICHOLSON: And I think
Commissioner Letz just probably thinks we ought to have this
on the agenda in case there's something to talk about, so we
can do it.
JUDGE TINLEY: The burn ban is presently --
COMMISSIONER NICHOLSON: Lifted. It's in
place, but lifted in all --
JUDGE TINLEY: In all four precincts. Until
when, Ms. Sovil?
MS. SOVIL: Tomorrow at noon, ar_cordin~ t~
your court order.
JUDGE TINLEY: But we're still well within
the 90-day period that each of the Commissioners have to
impose it or lift it?
MS. SOVIL: Yeah.
COMMISSIONER BALDWIN: Two weeks into the
90-day period, yeah.
COMMISSIONER WILLIAMS: And our current
suspensions expire tomorrow?
MS. SOVIL: At noon.
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COMMISSIONER WILLIAMS: Please note that I
continue the suspension in Precinct 2 for two weeks.
COMMISSIONER NICHOLSON: I want to continue
it also. Would it be more convenient to continue it till
the day after the next Commissioners Court meeting?
MS. SOVIL: That's what you voted on last
time.
COMMISSIONER WILLIAMS: Yeah, you're right,
we have a three-week -- we have a three-week lapse here
between meetings, You're right. That's fine.
MS. SOVIL: Till the day after your next
meeting?
COMMISSIONER WILLIAMS: Mm-hmm. As long as
conditions don't change.
COMMISSIONER NICHOLSON: You want to do that
also, Commissioner Baldwin?
COMMISSIONER BALDWIN: Yes.
JUDGE TINLEY: Any further action needed on
this item?
COMMISSIONER WILLIAMS: Hmm-mm.
JUDGE TINLEY: We'll move on to the next
agenda item, consideration and discussion of authorizing --
SHERIFF HIERHOLZER: Real quick, Judge, does
that mean that in 3, it's going to go back to effect
tomorrow, since Letz is not here?
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MS. SOVIL: No, he wants it lifted.
JUDGE TINLEY: Okay, I was not aware.
SHERIFF HIERHOLZER: Okay.
JUDGE TINLEY: Next item, consideration and
discussion of authorizing the Texas Department of Criminal
Justice Parole Division to utilize courthouse space for
parolee reporting and related contacts. This was made known
to me by Mr. Alford at Court Collections. There was an
earlier request; I think they've been doing these contacts
out in Ingram, and that -- that has fizzled out.
MR. ALFORD: Yes, sir, that's correct.
JUDGE TINLEY: Okay. The -- the request
specifically is to utilize space in the basement of the old
portion of the courthouse? There's one office down there
that was formerly occupied by the Collections Department.
To use that at what Frequency interval, Mr. Alford?
MR. ALFORD: They're talking about as regular
as the first week of the month. They normally -- there`s
two actual parole officers assigned to Kerr County. They're
normally going to meet the first week of the month with all
the parolees, but in his letter, he stated there`s some
other times they may need to come in and do spot checks on
some of their parolees, and they just need a place to go
meet them at. So, I'm looking at maybe four or five days a
month.
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JUDGE TINLEY: They understand that any such
use that would be authorized, it would be subject to being
modified, depending upon what our needs are for the space?
MR. ALFORD: Yes, sir, they do. Again, this
is -- they're kind of -- what they're trying to do is, as
the budget allows, they're trying to become a full-time
office up here somewhere, some space. And I think,
historically, they have moved around all over the county as
far as I can remember back starting in the mid-'80's or
early '70's, and it's just kind of another hopscotch for
them. At one time, they did meet here. I don't know why
they ever left or what the reason was, but now they're
requesting to come back. City of Ingram is expanding and
they need their office space, is what I have been told. So,
there should be no black eye for Ingram or Parole. It's
just a matter of business.
JUDGE TINLEY: I understand there's some
advantage to having them do their parolee contacts here in
the courthouse?
MR. ALFORD: I'm sure hoping there is.
JUDGE TINLEY: Okay. And what is that?
MR. ALFORD: Well, I'm just hoping the fact
that the parolees meet here, we'll have better contact with
them. Right now, we try to go out to Ingram, 'cause you can
imagine, trying to meet with parolees on a schedule, you
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almost have to send one of us up there two days a month from
7:00 till 5:00 or 6:00. I think this will just make it more
efficient if they're here where we can run downstairs.
And -- and we've talked to the parole officers. If there's
one particular parolee we have been looking to contact, they
can just call us; we can simply run downstairs.
COMMISSIONER BALDWIN: You're talking about
your Collections Department?
MR. ALFORD: Yes, sir, Collections
Department.
COMMISSIONER WILLIAMS: Are we just talking
about space available for -- for these officers to conduct
interviews?
MR. ALFORD: Yes, sir, we are.
COMMISSIONER WILLIAMS: Not talking about
setting up a full-blown office?
MR. ALFORD: No, sir. What we're talking
about, I believe the-re's -- we were down there --
Commissioner Baldwin or the Judge, I think, were down there
a couple months ago when this all came up. Don't hold me to
that. I think there's one desk in here. They may want one
more. Again, what I'll do is I`11 get with the Maintenance
Department and we'll provide them whatever we have around.
Telephones will be strictly local calls only. They have
State-issued cell phones, so there's no reason for long
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distance. I'll get with Shaun and we'll restrict that to
local calls only. Internet, they said in the future, they
may like to have int~~rnet. Again, I've talked to the I.T.
Department. The wire's already there; it's already hooked
up, so there's really no cost to us that I can think of, so
I -- just maybe some electricity.
COMMISSIONER BALDWIN: There's no reason to
have a telephone in there.
MR. ALFORD: There's really not.
COMMISSIONER BALDWIN: They have their own
phones.
MR. ALFORD: Like I say, that`s the only
thing they said. Ag,~in, the phone wasn't that important,
but it would save the State the long distance air time.
COMMISSIONER BALDWIN: They're talking about
using it in regular courthouse hours?
MR. ALFORD: Yes.
COMMISSIONER BALDWIN: So there's no reason
for them to have outside door keys and that kind of --
MR. ALFORD: None whatsoever. Provide them
with an extra key to that office so they can maintain
security, and other than that, there's no -- there's
nothing.
COMMISSIONER BALDWIN: I certainly am in
favor of it, and have always been.
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MR. ALFORD: If I can, maybe we can reissue
the -- the deal. Only reason for the local phone calls is
to save state roaming fees, would be the only reason to have
a local phone down there. So, that way, if they want to
call Ingram or D.P.S. or the Sheriff's Office, it doesn`t
have to go on their roaming air phone -- or cell deal.
COMMISSIONER BALDWIN: Well, they pay that;
it kind of makes sense. However, I haven't seen the State
down here trying to help us do things.
MR. ALFORD: Not going there, sir.
MR. STACY: Might help me a little bit,
Commissioner, to keep the roaming locally.
COMMISSIONER BALDWIN: I see. I forgot
Kerrville Telephone.
MR. ALFORD: I forgot they were back there.
There's, like, a spare phone I can just give them. So, you
know --
MR. STACY: County minutes are okay.
COMMISSIONER NICHOLSON: Getting into an
issue of when the State starts helping us more.
COMMISSIONER BALDWIN: This is the beginning,
isn't it, of the relationship?
JUDGE TINLEY: You were thinking something.
Do you want to verbalize it, Commissioner Baldwin?
COMMISSIONER BALDWIN: No, sir.
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JUDGE TINLEY: I didn't think so.
COMMISSIONER BALDWIN: There's ladies in the
JUDGE TINLEY: I see.
COMMISSIONER NICHOLSON: Do we have a motion?
COMMISSIONER BALDWIN: I move for approval.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Any further question or
discussion? All in Eavor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
MR. ALFORD: Thank you, gentlemen.
JUDGE TINLEY: At this time, we have some
closed session items, and it is now 5 minutes before
11 o'clock, and I will recess the -- the open Commissioners
Court meeting, and we'll shortly go into executive or closed
session. I think, initially, we probably want the members
of the Court and --
MR. STACY: Is there any hope, Judge, that we
can move our portion to the first item there in the closed
meeting? You've got us fourth.
JUDGE TINLEY: I don't have a problem with
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COMMISSIONER NICHOLSON: What is it?
JUDGE TINLEY: Pardon?
COMMISSIONER NICHOLSON: What is the issue?
JUDGE TINLEY: It's on the telephone contract
out there. Initially, probably, then, we'll need the
reporter, the members of the Court, and the Sheriff, and
when we're ready for you, we'll let you know.
MR. STAGY: Okay.
SHERIFF HIERHOLZER: And our County Attorney,
preferably.
JUDGE TINLEY: Yeah. Let's see if you can
scout him up out in the hall.
(Discussion off the record.)
(The open session was closed at 10:56 p.m.,
and an Executive Session was held, the
transcript of which is contained in a
separate document.)
JUDGE TINLEY: Let's back get back into open
session, if we can. Appreciate that. We'll now reconvene
into open session. It is 12:19. And does any member of the
Court have anything to offer in connection with any of the
matters that were discussed in Executive Session?
COMMISSIONER NICHOLSON: I'll make a motion.
I move that we authorize the Sheriff to terminate the inmate
telephone contract with Advanced Tel-Com Systems, and to
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seek another supplier for that service.
COMMISSIONER WILLIAMS: And put out RFP's?
Is that what you're asking?
COMMISSIONER NICHOLSON: There was some
question about, because it's a revenue thing, that --
whether RFP's have to be --
JUDGE TINLEY: Seek other providers.
COMMISSIONER NICHOLSON: Yeah.
COMMISSIONER WILLIAMS: I second it.
JUDGE TINLEY: Motion made and seconded to
authorize the Sheriff to terminate the inmate telephone
contract with Advanced Tel-Com Systems and to seek other
providers to provide proposals on providing that service.
Any question or discussion in connection with the item?
COMMISSIONER WILLIAMS: Question or
clarification. In my mind, he has to do RFP's, and the --
the parameters of the RFP's should be discussed by the
Court.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: Mr. Motley? Is there a
requirement for RFP's on this service? There's not going to
be a cost to the County, and it's going to be a
revenue-producer.
MR. MOTLEY: We're not spending any money on
the deal at all?
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JUDGE TINLEY: No.
MR. MOTLEY: Of course, on this other
agreement, I mean, there is a possibility of us spending
liquidated damages and all, but that implied new agreement,
I'm going to say that I think that we do not have to do the
RFP's. I don't know that this would qualify as highly
technical-type stuff. I don't know if there is anything
that would come under the exception of limited number of
providers. But I think, maybe, basically down at the -- and
I may have to check this out; I may change my mind, but the
basic definition level of what is required, I think this
does not fit.
COMMISSIONER WILLIAMS: I'd move an amendment
to say RFP's, if req~~ired, and we'll wait on the County
Attorney's --
MR. MOTLEY: I can find that out.
COMMISSIONER NICHOLSON: That will work.
COMMISSIONER WILLIAMS: Tommy's out there
looking at us.
MR. TOMLINSON: It may be to our advantage to
do an RFP.
COMMISSIONER WILLIAMS: Pardon?
JUDGE TINLEY: We're going to seek -- my
understanding was that the Sheriff would seek numerous bids.
It's not going to be a single-source thing.
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MR. TOMLINSON: 'Cause it's a very
competitive market.
SHERIFF HIERHOLZER: What I'd like permission
to do is just be able to call all the vendors that I can
come up with and ask them just to send us a proposal. The
only guidelines I would put is that it does provide the
recording equipment.
JUDGE TINLEY: Yeah, whatever -- whatever
your requirements arf~.
SHERIFF HIERHOLZER: Right.
COMMISSIONER NICHOLSON: So, that motion's
amended to -- to include seeking using RFP's if the County
Attorney so advises?
discussion?
COMMISSIONER WILLIAMS: Right.
JUDGE TINLEY: Okay. Any further question or
COMMI:~SIONER BALDWIN: When we talk about
terminating, that means 30-day -- we're giving them a 30-day
notice, right?
SHERIFF HIERHOLZER: 30 or 60 would be fine
with -- you know, just depends on how long it takes to get
these other ones. 30 days probably will be fine.
JUDGE `PINLEY: 30, 45, 60, whatever. Not to
exceed 60 days?
COMMISSIONER WILLIAMS: Just another question
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in terms of clarification. The notification to be at the
Sheriff's determination as to when he'll do that, 'cause
he's got logistical problems he has to work out.
SHERIFF HIERHOLZER: Right.
JUDGE TINLEY: Anybody have a problem with
that clarification? 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: The motion does carry.
SHERIFF HIERHOLZER: One question. Is the
County Attorney going to send the phone company the notice
that we are going to terminate?
JUDGE TINLEY: You coordinate that through
him. You're in the lead on it.
MR. MOTLEY: You can send them a letter;
we'll both sign.
JUDGE TINLEY: Mr. Tomlinson, are you ready
to do some business here? I assume everybody wants to blow
forward?
COMMISSIONER WILLIAMS: Yes, indeed.
COMMISSIONER BALDWIN: Judge, I'd like to
make a motion that we pay the bills.
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COMMISSIONER WILLIAMS: I'd like to second
that.
JUDGE TINLEY: Thank you, Commissioner.
COMMISSIONER BALDWIN: That's the least I can
do.
COMMISSIONER WILLIAMS: Your obligatory
motion?
JUDGE TINLEY: Any questions or discussion on
the motion?
COMMISSIONER BALDWIN: I'm just glad Charlie
Eller's not here.
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: The motion does carry. We
have some budget amendments. Budget Amendment Request
Number 1.
MR. TOMLINSON: This is from the District
Clerk. Her request is to transfer $111.51 out of Office
Supplies to Capital Outlay for the purchase of a -- a
monitor. It's a replacement for one that went out.
COMMISSIONER NICHOLSON: Move to approve.
COMMISSIONER BALDWIN: Second.
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JUDGE TINLEY: Motion made and seconded to
approve Budget Amendment Request Number 1. Any 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 carries. Budget
Amendment Request Number 2.
MR. TOMLINSON: It's for Jury, requesting
transfer of $500 from Juror Fees to Operating Supplies.
Hopefully this will get us through September. We're out of
supplies in the Jury Fund right now, so hopefully this will
do it.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded to
approve Budget Amendment Request Number 2. Any 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: The motion does carry. Do we
have any late bills?
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MR. TOMLINSON: No.
JUDGE TINLEY: I have before me some monthly
reports from the County Extension Agent, the -- actually,
that's the Family and Consumer Services arm of the Extension
Service. I don't believe I have one from the ag end. The
Justice of the Peace Precinct 4, Justice of the Peace
Precinct 2, Kerr County Emergency Services District Number
1, the District Clerk, Justice of the Peace Precinct Number
1, and Road and Bridge. Do I hear a motion that the same be
approved as submitted?
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded that
the designated monthly reports be approved as submitted.
Any question or discussion? All in favor, signify by
raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Do we have
any report from any of you gentlemen in connection with your
respective liaison assignments?
COMMISSIONER WILLIAMS: Only one, Judge --
I'm sorry. Go ahead, Buster.
JUDGE TINLEY: Do you have anything?
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COMMISSIONER BALDWIN: No.
JUDGE TINLEY: Commissioner 2?
COMMISSIONER WILLIAMS: Just one quickie.
Commissioner Letz and I will be meeting on the 29th with the
mayor and Councilman Smith and Mr. Patterson with respect to
the airport governance issue. I anticipate a document, and
I hope it's stamped "Draft" on top.
JUDGE TINLEY: Anything else, Commissioner?
COMMISSIONER WILLIAMS: No, sir.
JUDGE TINLEY: Thank you. Commissioner 4?
COMMISSIONER NICHOLSON: The strategic
planning project list, I've been doing some -- on Priority
1, second item, which is Item Number 4, "Review departments
that report directly to the CC," I've been doing some work
to gather data that compares Kerr County to other similar
situated counties, and so I'd like to be one of them that
works on that -- that project.
COMMISSIONER WILLIAMS: Excuse me,
Commissioner. Which project?
COMMISSIONER NICHOLSON: The second one under
Priority 1.
COMMISSIONER WILLIAMS: Which was?
COMMISSIONER NICHOLSON: Review departments
that report directly to the CC, learn legal limitations,
schedule workshop, receive input on internal plan. I think
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you may have proposed that one. Maybe not.
JUDGE TINLEY: I think it's either myself or
Letz or both of us. I think it has to do with organization
and -- and structuring, and --
COMMISSIONER NICHOLSON: But, anyhow, I'd
like to work on that one with whoever else would be
interested.
COMMISSIONER WILLIAMS: I'd be pleased if
you'd do that.
COMMISSIONER NICHOLSON: Okay. I think we
ought to keep this in front of us and look at it every time
so it moves along.
JUDGE TINLEY: For informational purposes,
I'm trying to start the budget process a little bit earlier.
I've been talking with the Auditor to start getting some of
this springboard inf~~rmation earlier. Rather than wait till
after we've got a six-month experience level, we're going to
do it after a five-month. He says he thinks he'll have that
basically after he -- we're still paying the fifth month
bills at the present time, so he hopes to have that to me
pretty quick. So, it's -- I can start on that, and we can
be earlier in the budget workshop process. Anything
further? If there's nothing further to come before the
meeting, I'll declare us adjourned.
(Commissioners Court adjourned at 12:29 p.m.)
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STATE OF TEXAS I
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 25th day of March,
JANNETT PIEPER, Kerr County Clerk
B Y : ___ ~iu/C
Kathy B ik, Deputy County Clerk
Certified Shorthand Reporter
2004.
3-2~-04
ORDER NO. 28566
ELECTRIC LINE EASEMENT AND RIGHT-OF-WAY
TO KERRVILLE PUBLIC UTILITY BOARD
Came to be heard this the 22"a day of March 2004 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 3-0-0 to approve a 10' easement on the Sidney Baker for electrical lines and right-
of-way to Kerrville Public Utility Board.
ORDER N0.28567
RESCINDING RESOLUTION ORDER 28560
Came to be heard this the 22°d day of March 2004 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Williams, the Court unanimously approved by a
vote of 3-0-0 to rescind Resolution Order 28560.
ORDER NO. 28568
APPROVE ROAD NAMES FOR PRIVATELY MAINTAINED ROADS
Came to be heard this the 22nd day of March 2004 with a motion made by Commissioner
Williams, Seconded by Commissioner Nicholson, the Court unanimously approved by a
vote of 3-0-0 to approve the road name changes as follows:
Existing Name	New Name
1354	Dorado Rd N
1170	Moeller Ln E
6001	Floyd Vanhoozer Rd W
3017	Woodward Rd NW
5553	Deadend Rd NW
Blair	KOA Dr N
Campbel	Tejas Rd N
Brennen and Forney	Palo Duro Cir N
6000	Hernandez Trl W
Bell	Frio Ln N
6007	Jake Henderson Ln E
5001	Harry Holt Dr. N.
ORDER N0.28569
APPLICATION PROCESS FOR
COMMISSIONERS COURT COORDINATOR/ADMINISTRATIVE
Came to be heazd this the 22nd day of March 2004 with a motion made by Commissioner
Baldwin, Seconded by Commissioner Williams, the Court unanimously approved by a
vote of 3-0-0 for the Judge and Commissioner Williams to go thru the applications and
bring 3 applications to the Court for review.
ORDER N0.28570
UNION CHURCH REGULATIONS AND RENTAL RATES
Came to be heard this the 22"d day of March 2004 with a motion made by Commissioner
Williams, Seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 3-0-0 to approve the regulations and rental rates for the Union Church.
ORDER NO. 28571
REQUEST CITY OF KERRVILLE TO GRANT WAVER OF FEES
Came to be heard this the 22°d day of March 2004 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 3-0-0 to request the City of Kerrville to grant a waiver of hookup and capital
recovery fees for sewer and water connection for River Star Arts and Event Park.
ORDER NO.28572
Assignment of Real Estate Lease and Agreement to
Texas Arts and Craft Fair Foundation
Came to be heard this the 22"d day of March 2004 with a motion made by Commissioner
Williams, Seconded by Commissioner Nicholson, the Court unanimously approved by a
vote of 3-0-0 to approve the assignment of Real Estate Lease and Agreement that is a
SBA requirement for a loan to the Texas Arts and Craft Fair Foundation and authorize
the County Judge to sign.
1 ORDER 28573
KERB COUNTY ENVIRONMENTAL HEALTH DEPARTMENT TO FILE A SOLID
WASTE GRANT APPLICATION
Came to be heard this the 22"a day of March 2004 with a motion made by Commissioner
Williams, Seconded by Commissioner Nicholson, the Court unanimously approved by a
vote of 3-0-0 to authorize Kerr County Environmental Health Department to file a Solid
Waste Grant Application with AACOG.
•
ORDER 28574
AMENDMENT TO ENGINEERING CONTRACT WITH TETRA TECH, INC.
TO EXTEND THE TERMINATION DATE UNTIL 12/31 /2006
Came to be heard this the 22°d day of March 2004 with a motion made by Commissioner
Williams, Seconded by Commissioner Williams, the Court unanimously approved by a
vote of 3-0-0 to extend the engineering contract with Tetra Tech, Inc. to terminate on
12/31 /2006.
ORDER 28575
BID AWARD FOR SEAL COATING
Came to be heard this the 22"d day of March 2004 with a motion made by Commissioner
Williams, Seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 3-0-0 to award bids for single course seal coating on Wood, Ripplewood, Green
Meadow and Sweetwater streets to Edmund Jenschke, Inc. as part of the Kerrville South
Wastewater Project and authorize the Judge to sign.
ORDER 28576
AD VALOREM TAX FREEZE
Came to be heard this the 22°d day of March 2004 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 3-0-0 to authorize an ad valorem tax freeze on residential property of persons age
65 and older and disabled persons and their spouses as authorized by H.J.R. No. 16
ORDER N0.28577
COUNTY ATTORNEY TO REQUEST ATTORNEY GENERAL OPINION
Came to be heard this the 22"d day of March 2004 with a motion made by Commissioner
Baldwin, Seconded by Commissioner Nicholson, the Court unanimously approved by a
vote of 3-0-0 for the County Attorney to request an Attorney General Opinion within 10
days indicating what elected official (or body) has authority to approve settlements of
final judgments in bail bond forfeitures cases.

ORDER N0.28578
BUDGET AMENDMENT
Came to be heard this the 22°a day of March 2004 with a motion made by Commissioner
Baldwin, Seconded by Commissioner Williams, the Court unanimously approved by a
vote of 3-0-0 to approve the Kerr County Appraisal District budget amendment to
transfer $28,877.35 in existing revenue from existing "surplus" fund.
ORDER NO. 28579
HILL COUNTRY AUTOMOBII,E CLUB
Came to be heard this the 22nd day of March 2004 with a motion made by Commissioner
Williams, Seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 3-0-0 to allow the use of the Courthouse Square by the Hill Country Automobile
Club for their annual car show on July 3rd

ORDER NO. 28580
CHILD ABUSE PREVENTION AND AWARENESS MONTH
Came to be heard this the 22nd day of March 2004 with a motion made by Commissioner
Baldwin, Seconded by Commissioner Nicholson, the Court unanimously approved by a
vote of 3-0-0 to allow the Hill Country CASA to hang children's shoes from the trees in
front of the courthouse during the month of April for Child Abuse Prevention and
Awazeness Month.
ORDER NO.28581
TIVY HIGH SCHOOL CHEERLEADERS GARAGE SALE
Came to be heard this the 22°d day of March 2004 with a motion made by Commissioner
Williams, Seconded by Commissioner Nicholson, the Court unanimously approved by a
vote of 3-0-0 to allow the Tivy High School Cheerleaders to hold their annual garage sale
on the Courthouse grounds May 15th, 2004.
ORDER NO. 28582
COURTHOUSE SPACE FOR
TEXAS DEPARTMENT OF CRIMINAL JUSTICE PAROLE DIVISION
Came to be heard this the 22"d day of March 2004 with a motion made by Commissioner
Baldwin, Seconded by Commissioner Nicholson, the Court unanimously approved by a
vote of 3-0-0 to authorize the Texas Department of Criminal Justice Parole Division to
utilize Courthouse space for parolee reporting.
ORDER NO. 28583
INMATE TELEPHONE SYSTEM
Came to be heard this the 22"d day of March 2004 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Williams, the Court unanimously approved by a
vote of 3-0-0 to authorize the Sheriff to terminate the current telephone system and seek
another provider by RFP's if necessary.

ORDER N0.28584
Claims and Accounts
On this the 22nd day of March 2004 came to be considered by the Court
various Commissioners precincts, which said Claims and Accounts are:
10- General $99,953.41
14 Fire Protection $1,000.00
15 Road & Bridge $28,774.98
18 County Law Library $1,751.96
28 Records Management $1,594.59
50 Indigent Health Care $9,806.84
80 Historical Commission $48.47
Total Cash required $142,930.25
Upon motion made by Commissioner Baldwin, Seconded by Commissioner Williams,
the Court unanimously approved by a vote of 3-0-0 to pay said Claims and Accounts.
ORDER NO. 28585
BUDGMENT AMENDMENT
DISTRICT CLERK
Came to be heard this the 22nd day of March 2004 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 3-0-0 to authorize to transfer $111.51 from Office Supply line item 10-450-310
into Capital Outlay line item 10-450-570 for a new monitor.

ORDER NO. 28586
BUDGET AMENDMENT
JURY FUND
Came to be heard this the 22"d day of March 2004 with a motion made by Commissioner
Williams, Seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 3-0-0 to authorize to transfer $500.00 from Juror Fees line item 10-434-492 to
Operating supplies line item 10-434-331
ORDER NO. 28587
MONTHLY REPORTS
Came to be heard this the 22nd day of March 2004 with a motion made by Commissioner
Baldwin, Seconded by Commissioner Nicholson, the Court unanimously approved by a
vote of 3-0-0 to approve the following monthly reports.
County Extension Agent
Ken County Emergency Service District #1
Justice of the Peace #l, #2 & #4
District Clerk
Road and Bridge