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KERR COUNTY COMMISSIONERS COURT
Special Session
Tuesday, December 28, 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
JONATHAN LETZ, Commissioner Pct. 3
DAVE NICHOLSON, Commissioner Pct. 4
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I N D E X
December 28, 2004
		PAGE
---	Commissioners' Comments	4
1.1	Final Plat of Big Sky Ranch, Pct. 4	7
1.2	Consider replacing Gradall damaged in accident	11
1.3	Final Plat of The Horizon, Section Two, Pct. 1	19
1.4	Consider expansion of memory on mainframe of	
	imaging part of inmate tracking system	24,54
1.5	Consider nomination(s) for membership on Kerr	
	County Emergency Service District No. 1 Board	36
1.6	Consider nominations for membership on Kerr County	
	Emergency Service District No. 2 Board	38
1.7	Consider, discuss and take appropriate action to	
	authorize advertising for bids for construction	
	for Kerrville South Sanitary Sewer Project under	
	TCDP contracts #722411 and 723095	41
1.8	Consider accepting conveyance of land upon which	
	a portion of Red Bird Loop is constructed	43
1.11	Approve resolution to apply for grant from Office	
	of the Governor, Criminal Justice Division, to fun	d
	80% of Crime Victims' Assistance program	46
1.9	PUBLIC HEARING - Revision of Plat for Lots 6 & 7	
	and parts of Lots 4 & 5 of Hartshorn Country Sites	52
1.10	Revision of Plat for Lots 6 & 7 and parts of	
	Lots 4 & 5, Hartshorn Country Sites	52
1.12	Consider authorizing independent audit of the Kerr	
	County Juvenile Detention Center operation for	
	fiscal years 2002, 2003, and 2004	57
1.13	Consider adopting resolution opposing diversion	
	of funds from established programs by ORCA	71
1.14	Consider adoption of order authorizing publication	
	of Notice of Intention to Issue Certificates of	
	Obligation	74,109
1.15	Discuss progress of Employee Health Insurance	
	enrollment	83
4.1	Pay Bills	91
4.2	Budget Amendments	95
4.3	Late Bills	---
4.4	Read and Approve Minutes	---
4.5	Approve and Accept Monthly Reports	102
5.1	Reports from Commissioners/Liaison Committee	
	Assignments	103
---	Adjourned	115
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On Tuesday, December 28, 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 to order the
meeting of the -- special Commissioners Court meeting pieced
for this time and date, Tuesday, December 28, 2004, at
9 a.m. It is that time now. I want to welcome all of you,
and at this time I'd like the call on my good friend, Al
Shultz, to lead us in a word of prayer, and then we'll do
the pledge of allegiance. Reverend Shultz?
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you very much. At this
time, if there's any member of the public or the audience
that wishes to address the Court on any matter that's not a
listed agenda item, we want you to come forward at this
time, and feel welcome in doing so. If you want to speak on
an item that is listed as an agenda item, we would ask that
you fill out a participation form. They're at the back of
the room. It's not required, but it helps me in trying to
keep up with who wants to be heard on agenda items, and
hopefully not miss you when we get to that item. So, if you
want to speak on an agenda item, we'd ask that you do that,
but if there's any member of the public that wishes to come
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forward and be heard on any matter that's not listed as an
agenda item, we'd ask that you come forward at this time.
Seeing no one moving this direction, Commissioner Baldwin?
You got anything for us this morning?
COMMISSIONER BALDWIN: Sir, I just want to
remind you that I've always considered Kerrville and Kerr
County a defensive driving course in itself. (Laughter.)
And now that the college kids are home, that -- that is
escalated somewhat, a large percentage. Just want to remind
you of that. Burn ban issue. In my opinion, I think we
better take a peek at that here pretty quick and start
nosing around and seeing what moisture contents are and all
of that and how much -- all the dead grass there is. I want
to remind you that this Saturday at 10 a.m., the swearing-in
ceremony upstairs, and there are a few brand-new folks. I
can't remember how many; two or three that are brand new to
elected officialism in Kerr County. So, be sure to bring
your families and your cameras, and -- because it -- it's
that kind of an affair. That's all I have.
COMMISSIONER WILLIAMS: What time? 10 a.m.?
COMMISSIONER BALDWIN: 10 a.m. upstairs, and
it's an official Commissioners Court meeting deal; you have
to be there.
COMMISSIONER WILLIAMS: I'll be there.
COMMISSIONER BALDWIN: Okay.
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JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: Nothing much, except
to wish everybody a happy New Year, and trust everybody had
a good holiday. Mine was safe and sound, and spent it with
my family. I did one of those things my wife accuses me of
doing all the time with respect to football games. My son
put two tickets for the Cowboys-Redskins game on the tree,
so he and I went to the ball game.
COMMISSIONER BALDWIN: Golly, you stay till
the end?
COMMISSIONER WILLIAMS: Good seats -- don't
take my story away from me.
		COMMISSIONER BALDWIN: I'm sorry.
		COMMISSIONER WILLIAM	S: And after that last
disgus	ting	series -- the second to	the last series, said,
"Let's	go."	We hopped up and left,	and would you believe,
by the	time	we got back to our car,	the Cowboys had scored
and we	miss	ed it, and won the game.	Anyhow, we had a good
time,	safe	trip, and I trust all of	y'all did the same
thing.	It'	s good to be back.	
		JUDGE TINLEY: Thank	you. Commissioner Letz?
		COMMISSIONER LETZ:	Nothing to add this
morning.
JUDGE TINLEY: Commissioner Nicholson?
COMMISSIONER NICHOLSON: Good and quiet
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Christmas out in the hinterlands. I want to echo what
Commissioner Baldwin said about rising concern about
potential for brush fires. We had a pretty good one a
couple days ago. Actually started over in Mountain Home
area and burned over toward the experimental station, so we
had our two fire departments fighting it, Mountain Home and
Hunt, and they have good training, good equipment; they got
it handled. But the grass is high and it's dry, and we've
got good potential for a fire, so I think we're going to
probably have to take the unpopular step pretty soon of
reintroducing the burn ban. That's all.
JUDGE TINLEY: Thank you, sir. With respect
to the meeting on Saturday, unfortunately, I won't be able
to be there. I'm scheduled to be out of town. I trust you
gentlemen will pull it off well, as I know you will.
COMMISSIONER WILLIAMS: It will be difficult,
Judge, but we'll get it done.
JUDGE TINLEY: Well, I have confidence in
you. The -- the main thing I want to touch on this morning
was some good news about our safety program. We received
news here in the last few days that the Texas Workers
Compensation Commission has recently conducted an audit --
inspection, as it were, of our Road and Bridge Department
where, prior to more emphasis being placed upon the safety
program, we had some difficulties out there. And, as a
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result of this inspection, the Workers Compensation
Commission gave the Road and Bridge Department a clean bill
of health, as it were, and was -- was very, very pleased
with the efforts that they've made in the various areas of
their safety program. Actually, the net result was during
the last calendar year up until early December of this year,
the injury frequency rate out there had been reduced to
zero, and that's about as good as it gets. And I want to
congratulate Mr. Odom and his crew out there for the fine
work they've done, and just urge all of our departments to
continue to work that safety program, place emphasis on it,
and I think it'll continue to pay dividends if -- if we do
that. Hope everyone had a good holiday, and would hope that
we all pass into the new year in a safe manner, and not have
any difficulties in doing so. And let's get down to
business. First item on the agenda is to consider the final
plat of Big Sky Ranch in Precinct 4.
MR. ODOM: Good morning, Judge. Do you --
Deana, do you have the mylars? Thank you. If I may I go
through the accompanying information we sent to the Court,
we had looked at -- at the time that we wrote this up,
basically, there were some things that were not done, but
I've talked to the Commissioner, and -- and it says the
roads -- since then the roads have been completed to Kerr
County Subdivision Regulations for country lane, with the
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exception of sealcoat on the cul-de-sacs at the point I went
out Wednesday, and that is complete. It's to my
satisfaction. They were waiting for warm weather, and the
sealcoat went down, so that is not a problem. The only
thing that we have at this point, and I bring up to the
Court, is two items. One is that there's not a stop -- the
stop sign in the street on that cul-de-sac need -- needs to
be put up, but I have no problems with that. That's a year
maintenance in there, and what we're asking is that -- I
have a copy that we received this morning. It was faxed to
us Friday, since we weren't there, but it was a copy of the
letter of credit for the maintenance bond. And we're
waiting for the original to show up. It's supposed to be
mailed today. At the time that Wells Fargo -- when we
talked to the gentleman over there, he said it would take
probably after this meeting, so I'm asking the Court to
accept this subdivision. They've done everything we've
asked them to do; that we're waiting for the original, and
then I would ask the Court to accept it and authorize the
Judge to sign it, with the exception that we would not file
it until we receive that original copy of the letter of
credit.
COMMISSIONER NICHOLSON: The stop sign has
been purchased; it just hasn't been erected?
MR. ODOM: It has been purchased. One of
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them's been put up, the other one has not. That would be in
the maintenance bond. If -- I would assume that they would
probably get to that pretty quick. If not, I assure you, I
will be inspecting it before the year is over with, and I
have a letter of credit.
COMMISSIONER BALDWIN: I have one question.
MR. ODOM: Yes, sir?
COMMISSIONER BALDWIN: The -- between Lot 1
and Lot 3, the Buffalo Trail cul-de-sac.
MR. ODOM: I'm -- I'm sorry, just a second.
Is this the cul-de-sac that was abandoned, or the first one
you're talking about? Buffalo Trail?
COMMISSIONER BALDWIN: Yes, sir.
MR. ODOM: All right.
COMMISSIONER BALDWIN: There's -- the little
line from the cul-de-sac out to the property line, tell me
what that is again.
MR. ODOM: Little line. Is this -- that is a
utility, I would -- is that with a "P" on it? It's overhead
utility line.
COMMISSIONER WILLIAMS: No, not that one.
MS. KRAUSE: There's a power line that comes
off of Lower Reservation across the property to the
adjoining property. That might be what that is.
MR. ODOM: I'm sorry, let me see what you
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have. Excuse me.
COMMISSIONER BALDWIN: See, they always
provide me with things that don't have anything to do with
the program here. This line right there.
MR. ODOM: That's the property line, going
down the center of the road. That's splitting the property
line.
COMMISSIONER BALDWIN: Center of the road.
MR. ODOM: Cul-de-sac goes so far back, and
then the property -- between those two lots.
COMMISSIONER BALDWIN: Got it. Thank you.
MR. ODOM: Yes, sir.
COMMISSIONER NICHOLSON: I move to approve
the final plat of Big Sky Ranch --
COMMISSIONER LETZ: Second.
COMMISSIONER NICHOLSON: -- Subdivision
contingent upon receipt of the original letter of credit,
and authorize County Judge to sign.
COMMISSIONER LETZ: And I second it.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item, contingent upon receipt of the
original letter of credit. Any question or discussion?
MR. ODOM: Do you wish the Court -- for you
and I to sign it now, and for County Clerk to hold it? Or
wait until I get that letter and then bring it to you for
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your signature?
JUDGE TINLEY: I think the motion is
contingent upon receipt, as I understood it.
MR. ODOM: Okay.
JUDGE TINLEY: Is that correct? Any further
question or discussion? All in favor of that motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. The
next item on the agenda is to consider and discuss replacing
a Gradall that was damaged in a recent accident.
MR. ODOM: Yes. After the Judge's
introduction, I'm a little bit ashamed to come up here and
address this. I have to apologize. We work very hard for
safety, but on December the 15th, our crews were working out
there on a complaint, which was to level up some base
failures on Upper Turtle Creek. They had left that morning.
They were working out there, and they were going -- where
the accident occurred was about 200 or 300 feet from there.
Had a cattle guard they were going to -- base failure right
there. At the time, someone had passed them. It is a
situation of wrong place, wrong time. Individual went off
in the water. There was a little bit of water running
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across in Granada Springs, and it had turned to ice. That
was from traffic coming out that was carrying it to the east
coming out of Granada Springs going back towards 16.
Individual was -- was speeding, and passed -- our man pulled
over in the Gradall. This gentleman went ahead 200 or
300 yards in front of him. He said he saw a splash of
water; the guy went into the water. Said he went up. He
said he thought he could -- the car was sinking -- or the
truck was, and he thought he could get up there to him and
take the bucket and reach out and grab the guy. And he said
then he lost control of it on that ice. He said he didn't
know it was ice, and we had no other places on Upper Turtle
Creek when we were there.
So, that's what happened. We ended up -- and
it went off the downstream side, and so we have a damaged
Gradall, and we are waiting for the insurance company to
take a look at it, but we think that it -- the damage will
exceed what we paid for it, which was 16,500. So, what I
would like to do -- we've been checking. I have some
capital outlay. I'm asking the Court to allow me, if I have
the money, to be able to purchase another Gradall to replace
that. We have called the place that we had -- we called
Houston to locate something, and we feel like with what we
have, and maybe this Gradall being totaled, that we would
have enough money to purchase one or possibly two Gradalls.
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There's some used ones up there, '89's and some '90, '96, in
Amarillo. It's an unfortunate situation. The individual
was injured, not severely, circumstances of weather and
situation and operator's head space. So, the committee has
met on that; we've looked at that. We've tried to resolve
that problem. We're going -- part of that, I will take a
little bit. Maybe I should have had more classes on a
situation like that. I have safety meetings every -- every
month, and I've never covered that, but that's one thing we
will do, what the procedure will be to do that. It's
unfortunate. Right now we don't have anything as far as
major injuries on our part, other than a Gradall, which we
need. It has been an excellent tool for us, and we don't
wish to lose it, because the cost is going to be -- exceed
what the value of it is.
COMMISSIONER WILLIAMS: Have you gotten an
insurance adjuster's appraisal?
MR. ODOM: We have turned that in. We have
not been approached by them. Hopefully -- we've been
talking to Tommy and Mindy, and I'm hoping this week or next
week -- I figure after the first of the year, maybe we'll
get somebody out there to determine. But right now we're
looking at parts are going to run probably $11,000, $12,000,
plus labor, and then no guarantee on the electrical. I've
got to take the cab off and rewire it, and it's going to
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exceed $16,000.
COMMISSIONER BALDWIN: So, what you're saying
is, you -- in your capital outlay, you don't have --
MR. ODOM: I have seven --
COMMISSIONER BALDWIN: -- you don't have a
Gradall listed in there.
MR. ODOM: Listed in there.
COMMISSIONER BALDWIN: So you want to buy one
out of Capital Outlay, and then replace that money with
insurance when it comes in?
MR. ODOM: That's right.
COMMISSIONER BALDWIN: I have no problem with
that at all.
JUDGE TINLEY: The -- it's entirely possible
that the funds received from the insurance coverage will
exceed what we -- what you paid for that machine, isn't it?
MR. ODOM: It might be. We're -- we have the
list of -- of the different things that we've done, but
it -- it runs up into the 20's over the years that we've had
with that, but I'm assuming that what we originally bought
it for, that may be what we have it insured for. I don't
know, but we feel like that with that insurance money and
what I have left in savings in capital outlays, that we
could purchase one, we believe, maybe two.
JUDGE TINLEY: Should be insured for A.C.V.,
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isn't it, Tommy?
MR. TOMLINSON: Yes.
JUDGE TINLEY: Okay. Whatever -- whatever
the current market value is, is what it's insured for,
irrespective -- I seem to recall that when you bought that
piece of equipment, if it's the one I'm thinking about, you
got an extraordinarily good buy.
MR. ODOM: I got a very good buy on it.
JUDGE TINLEY: I suspect you're going to get
more than what you paid for it.
MR. ODOM: We're hoping that would be the
case. Then we would be in good shape to do that. We -- we
certainly could use two, and I have two qualified people.
And the person I have was the individual that is the most
proficient in that, and his judgment was such that he -- if
anyone could have helped the individual, he could have, had
he not lost control when it went up there. So, he was
trying to position himself, and the rear end came out, and
he said he couldn't overcome -- he couldn't correct it in
time to -- to do it. It just slid on off that crossing
there.
COMMISSIONER BALDWIN: Judge, I move for
approval of the agenda item.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
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approval of replacement of the Gradall.
COMMISSIONER LETZ: Couple questions.
JUDGE TINLEY: Yes, sir.
COMMISSIONER LETZ: Leonard, the -- I'm
confused on the dollar side of it.
MR. ODOM: All right, sir.
COMMISSIONER LETZ: The prices you gave,
there's three of them that range from 22,5 to 32,5. And I
know we're talking about 16 to 20 is going to come from
this, but you're talking about possibly two. Where is that
much -- where is there -- where is that money coming from?
MR. ODOM: Well, it depends when I get the
insurance. If I get 16,5, and I have $11,700 left, I still
have pieces of equipment to pick up. I have a $6,000
credit, so $17,000 in capital outlay. There's enough to buy
one machine. But remember that I can -- you know,
negotiations on prices when you go for two versus one on
used equipment, and in the wintertime, I may be able to --
to offset that, plus I may be able to use contingency fees
to pick up a thousand or several thousand dollars. I still
have that to do that if I could negotiate a better deal.
COMMISSIONER LETZ: And the addition -- the
11,700 or whatever it was you said, that's money left over
in capital outlay right now?
MR. ODOM: Left over in capital outlays. And
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y'all have control of that, I don't.
COMMISSIONER LETZ: My other question, this
doesn't have to be bid? You can just -- I mean, on the --
MR. ODOM: If it's over $25,000, I probably
do.
COMMISSIONER LETZ: Over $25,000 cutoff now.
MR. ODOM: Yes, sir.
COMMISSIONER LETZ: Okay. Commissioner
Baldwin, is your motion to buy one or two?
COMMISSIONER BALDWIN: To buy one.
MR. ODOM: May I ask the Court, if I
negotiate well --
COMMISSIONER BALDWIN: Well, actually, I
mean, I don't care one way or the other. You -- if you
don't like them, you can use them for bookends or something
out there. But I -- I don't care.
COMMISSIONER WILLIAMS: How's the bidding
process come in? Two of them is going to exceed $25,000.
COMMISSIONER BALDWIN: That's correct.
COMMISSIONER WILLIAMS: How's the bidding
process come in? I'm looking at the new County Attorney.
MR. TOMLINSON: I mean, if it -- it would be
bid just like any other --
MR. ODOM: Any other bid. I would have put
specs out on it, and to do that, I -- you know, I do not
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know.
COMMISSIONER WILLIAMS: You answered my
question. You got to bid it.
MR. ODOM: I've got to put specs out on it,
just like I would a normal bid, and we don't know. We're
concerned at what the older ones are, whether they've been
updated. We know that one of them's been updated; it was
done at the factory, but we don't know the -- if the other
two have been updated. It's ludicrous to have diodes in the
old system. So, we don't really know until I have enough
time to do this, and what the --
COMMISSIONER LETZ: I'm in favor of one, but
just because there's some excess in Capital Outlay, I'm not
in favor of two.
MR. ODOM: May I interject something here?
COMMISSIONER LETZ: Certainly.
MR. ODOM: I appreciate the Commissioner's
thoughts, but remember, I did trade-ins, and that's where
I'm getting this excess money. It's not because I missed my
bid. I came in on my bids. It's the excess that I turned
in; that's this old equipment, and that's what I'm hoping --
I only have 1,000 now. If I get the 6,000 -- I should get
the 6,000. That's 17,000.
COMMISSIONER LETZ: I understand that, but I
look at it as the County has had some unexpected
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expenditures recently --
MR. ODOM: That's what I had.
COMMISSIONER LETZ: -- that far exceed
11,000, and just because there's some money available, I
don't think -- I'm not in favor of using it. I think we
need to tighten the belt everywhere where we can. I mean,
it's for one.
MR. ODOM: Is that his motion? Or are you
trying --
COMMISSIONER LETZ: His motion so far is one,
and I'll vote for one, but I'm not voting for two.
COMMISSIONER WILLIAMS: My second is for one.
MR. ODOM: Thank you, Commissioner.
COMMISSIONER LETZ: Sorry, Leonard.
JUDGE TINLEY: Motion made and seconded to
authorize Road and Bridge to replace one Gradall machine.
Any further question or discussion? All in favor of that
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
MR. ODOM: Thank you.
JUDGE TINLEY: The next item is consider
final plat of The Horizon, Section Two, in Precinct 1.
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MR. ODOM: The -- the preliminary plat was
submitted to Commissioners Court in July of '03, and an
extension was granted in August of '04. City of Kerrville
approved the final plat of Horizon, Section Two, on
Thursday, December the 16th, 2004. Lot sizes average
5 acres, and they will be served by a central water system.
Drainage studies and storm water pollution prevention plan
have been submitted, and all roads meet Kerr County
Subdivision specifications for privately maintained roads.
They look very good. I didn't see any problems with them.
Therefore, my recommendation is that Commissioners Court
accept the final plat of The Horizon, Section Two, at this
time.
COMMISSIONER BALDWIN: Upon the
recommendation of the Road Administrator, I move for
approval.
COMMISSIONER WILLIAMS: I'll second it.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Any questions, comments or
discussion?
COMMISSIONER WILLIAMS: Yeah, I have a
question. Did I understand you correctly to say all the
lots were 5 acres or more?
MR. ODOM: No -- well, I say that. There is
one that's less than that.
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COMMISSIONER WILLIAMS: I'm looking at
several that are less than that.
COMMISSIONER LETZ: I think they average
5 acres.
MR. ODOM: The average was 5 acres. There's
several up here --
COMMISSIONER WILLIAMS: Average.
MR. ODOM: -- that were less. In other
words, 3.9 and a 2.18. That's the reason that I had Miguel
sign off on it.
COMMISSIONER NICHOLSON: 25 lots into
125 acres? Is -- is that correct?
MR. ODOM: I believe so.
JUDGE TINLEY: Mm-hmm.
MR. ODOM: 25.
COMMISSIONER LETZ: The question I have is --
and I'm not trying to be nitpicky this morning, but I
believe the preliminary plat expired in August? I'm not
sure our rules allow us to do -- we don't have a preliminary
plat, so we're doing a final plat without a preliminary
plat. You know, it's -- and we came across this several
years ago, and I believe it was decided, and I think by the
County Attorney, that we can't do it. There's no
preliminary plat.
COMMISSIONER BALDWIN: That we can't -- we
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don't have the authority to?
COMMISSIONER LETZ: I think we can do a
waiver, but, I mean, I think that the -- I mean, our rules
say we have to have a preliminary plat filed, and we don't
have a preliminary plat. Which -- and I would say it's our
fault as much as the developer's fault.
MR. ODOM: My understanding is that this
preliminary plat was given to you and that this was
submitted -- I wasn't involved in this; I just picked up on
this trying to clarify this to get it done. And my
understanding is that the preliminary was -- was granted by
y'all.
COMMISSIONER WILLIAMS: What was the
extension you were talking about?
MR. ODOM: Pardon me?
COMMISSIONER WILLIAMS: What was the
extension you were talking about?
MR. ODOM: To my knowledge, that I don't
think they had everything completed at the time.
COMMISSIONER WILLIAMS: And that would have
been an extension of the preliminary plat?
MR. ODOM: That's right.
COMMISSIONER LETZ: We extended it in August?
MR. ODOM: That's what -- yes, in August of
2004.
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COMMISSIONER BALDWIN: That's my question.
Do we -- in the rules, do we have the authority to grant
extensions?
COMMISSIONER LETZ: Yes.
COMMISSIONER BALDWIN: Well, I think that
covers it, then.
MR. ODOM: Well, I do too. We felt like
there was a situation that needed to be cleaned up, and
hadn't been done, and they've done everything they've been
asked to do.
COMMISSIONER LETZ: I thought the extension
expired in August.
MR. ODOM: No. I wasn't here in 2003, you
know, before you, but my understanding, it was presented to
you. For whatever reason, it wasn't -- wasn't done, and
y'all extended it.
JUDGE TINLEY: Roads are not being accepted
for maintenance?
MR. ODOM: That's right.
JUDGE TINLEY: All right.
MR. ODOM: Privately maintained.
JUDGE TINLEY: Okay. Any further question or
discussion on the motion?
COMMISSIONER NICHOLSON: Just for clarity,
each lot will be served by an individual septic system, but
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the subdivision will be -- will be -- water supply will be a
community water system.
MR. ODOM: Community water system, yes, sir.
COMMISSIONER NICHOLSON: Okay.
MR. ODOM: So they could be at 1 acre. But
all this has been approved by the City, and they had to go
before them and their Planning and Zoning.
COMMISSIONER BALDWIN: That part doesn't mean
anything to us.
COMMISSIONER NICHOLSON: Means they have to
jump through two different hoops.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER NICHOLSON: We need to do
something about that someday.
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: Any further questions or
comments? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. The
next item on the agenda is to consider and discuss the
expansion of memory on the mainframe of the imaging part of
the inmate tracking system. The Sheriff asked that this
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item be placed on the agenda.
SHERIFF HIERHOLZER: Yes, and Tommy's also
here and will speak on it more than I. It does not have
anything to do with inmate tracking. That was --
COMMISSIONER BALDWIN: Judge, can we take a
three- or four-hour break?
SHERIFF HIERHOLZER: Buster, we haven't even
started the new year.
COMMISSIONER BALDWIN: Let's table this until
next year.
SHERIFF HIERHOLZER: Inmate tracking doesn't
have anything to do with this. This is all over imaging
space in the current mainframe computer system, "imaging"
being documents that the County Clerk, District Clerk, Tax
Assessor are all scanning into it, as well as inmate
photographs, crime scene photographs, the actual images
going in. And because the clerks are doing such a fabulous
job of getting caught up on all their old records, getting
them imaged in there, it has filled up the current system,
and we are at the point now to where we're in serious shape
on being able to put any images into the system without it
being completely full. So, I got some prices on it.
Tommy's talked to Software. We had visited with the Judge,
and I'll let Tommy tell you what the recommendation will be.
MR. TOMLINSON: During the budget process,
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we -- we already knew that this was going to be a problem,
so we had in the budget $1,700.
COMMISSIONER WILLIAMS: $1,700?
MR. TOMLINSON: $1,700 for a temporary patch,
I would call it. And it's -- what that amounts to is an
external hard drive. But since that time, we've -- we
visited with our software vendor, and -- and they have made
the proposal that you have in front of you. What -- what
that -- what this proposal can do is -- is to remove all the
images that are currently on the system to a new location,
and -- and take those images off of our processing system.
What it -- what it can do is extend the life of -- of our
current system, probably two years for sure. The system
that we have in place today was purchased in December of
2000. At -- at that time, we purchased a 5-year maintenance
agreement from IBM, so this -- this time next year, that
maintenance will expire. And when -- when this system was
purchased, we -- we expected it to last four or five years,
and -- and with a patch, it will make it five years.
There -- there is another side to this, in that there --
there's been a lot of pressure from people in the
community -- I mean statewide, not just Kerrville -- to have
live access to county records. Talking about, you know,
real estate people, banks, attorneys, and what that requires
would be a -- a conversion from the current operating system
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that we use currently to a web -- web-based processor.
Well, this -- this proposal that Software has made us
will -- will not only extend the life of what we have now,
but it will give us the opportunity to use this same piece
of hardware if, at some point, we decide to go to a
web-based processor. So, it can -- it can function and --
in the PC world as well as the -- the Unix world, which
we're in right now.
COMMISSIONER BALDWIN: Tommy, would you back
up? I went into a coma there just for a second. It'll
extend the life of what we have now, and it will -- say
those two or three words.
MR. TOMLINSON: Well, it -- if the Court, in
a year or two years --
COMMISSIONER BALDWIN: You can't say just two
MR. TOMLINSON: Well, no, I can't. I can't
explain it in two or three words. If -- if, in the future,
we decide to go to the web-based processor where -- where
everybody that wants or needs access -- you know, live
access to our system, then this piece of equipment can be
used in -- in that processor.
COMMISSIONER BALDWIN: So that would be the
step one toward the --
MR. TOMLINSON: Right. If you want to --
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yeah, you can look at it that way.
COMMISSIONER BALDWIN: Okay.
MR. TOMLINSON: It will also -- I mean, if we
decide not to do that in the next year or two, then this
same piece of equipment will extend the life of what we
have.
COMMISSIONER BALDWIN: Okay.
MR. TOMLINSON: Beyond -- beyond a year.
JUDGE TINLEY: Is that because you would be
taking the imaging part out of the main server system and
putting it off over the side, therefore freeing up some
space over in the main server?
MR. TOMLINSON: Yes, that's exactly what it
does.
JUDGE TINLEY: Okay.
MR. TOMLINSON: And what happens -- well, the
mechanics of it is that when -- when an image is done, it
sends that image in the program to this remote processor, so
to speak. And then, if you -- when you access a document
out of that -- out of this remote processor, then -- then,
when you type in name or number or whatever you use to
access that document, the same process occurs; you go
through our processor -- our main processor and it sends you
to that -- that secondary or remote processor. So we have
live retrieval of -- you know, of the document that you're
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trying to find.
COMMISSIONER NICHOLSON: Tommy?
MR. TOMLINSON: It's a seamless fix, but --
but it could fix us for two years for sure, maybe more.
COMMISSIONER BALDWIN: That's the extended
life that's estimated, is two years?
MR. TOMLINSON: Yes. I suspect that it
could -- it could last us three years. I mean, that's --
that's hard to determine.
COMMISSIONER BALDWIN: Yeah.
MR. TOMLINSON: I mean, we don't know, you
know, how fast, you know, we're going to grow. So -- and,
too, the -- you know, we don't know, you know, really what
the pressure will be in two years to make a change. And the
software right now is available for us to have a web-based
system. I mean, it's there now. And next -- next budget
year, we will have -- or could have the opportunity to make
a decision to -- to change part of our system to -- to a
web-based processor.
JUDGE TINLEY: If we go to a web-based
system, how is that going to affect the implement -- what
we've got in place in the County Clerk's office of -- that
we just recently put into place concerning the ability of
people to get into the system and order copies of documents
and --
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MR. TOMLINSON: It won't change that. In
fact, it will make it easier.
JUDGE TINLEY: Okay.
COMMISSIONER NICHOLSON:
to learn more about. I think I can see
system would certainly be a convenience
banking and real estate community.
MR. TOMLINSON: Well, th
COMMISSIONER NICHOLSON:
us?
That's what I want
where this web-based
to the legal and
e --
What does it do to
MR. TOMLINSON: It really --
COMMISSIONER NICHOLSON: Does it make us more
efficient?
MR. TOMLINSON: Well, it could. I mean,
there -- in a web-based processing system that I envision
would be a mini-processor in each office. Maybe we'd have
one with the Sheriff, each clerk, my office, Treasurer's
office, Tax Office, and so if you had -- if you had
maintenance issues with -- with the main system, you
wouldn't affect any user. I mean, the only user you would
-- if you had a problem or an update on a software package,
say, for instance, for the Sheriff, and you -- you had to
bring the system down totally to install whatever that might
be, that won't happen again, because we can do it just at
the Sheriff's Office only, and the rest of the courthouse
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can keep operating.
COMMISSIONER NICHOLSON: Do we lose any fee
revenue because it's being accessed on the web?
MR. TOMLINSON: I don't know. That's a hard
question, and I -- I haven't thought about that. But --
COMMISSIONER NICHOLSON: Then the corollary
to that is --
MR. TOMLINSON: -- I mean, there would be --
COMMISSIONER NICHOLSON: Is it feasible to
charge for access?
MR. TOMLINSON: There would be a way to
determine how many -- how many times our site was accessed
and by who, so there -- there would be a way to know how
much to charge a user if we wanted -- if we so desired to do
that.
MR. EMERSON: I had a comment for the benefit
of the Court. Judge Tinley, I'm sure, is aware, as is
Jannett and Linda, but the State itself, many counties are
moving to e-filing on behalf of all legal documents, and
that does not reduce the fee revenue for the county in any
way, but what it does do is keep the clerks from having to
handle documents multiple times. So that, theoretically, it
should increase the efficiency of the office with the same
amount of revenue.
COMMISSIONER NICHOLSON: That would be very
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appealing, if we could do same amount of work with --
COMMISSIONER BALDWIN: Is that the Stan Reid
program?
MR. EMERSON: I don't know.
COMMISSIONER BALDWIN: It is.
COMMISSIONER WILLIAMS: I noticed from the
Sheriff's document that he estimates the cost here at about
$15,693. You say we have $1,700 available. What part of
the Sheriff's budget is the other 14,000 --
SHERIFF HIERHOLZER: Wait.
MR. TOMLINSON: There -- there's some --
there are funds remaining in the Maintenance line item for
the mainframe. We have $5,000 in Capital Outlay in
Nondepartmental that we have not used. There's
approximately $7,500 in the Nondepartmental Contingency line
item.
COMMISSIONER LETZ: Leonard has another
Gradall you can buy.
MR. TOMLINSON: So, with those three -- with
those three items, we're close to -- to that amount.
COMMISSIONER BALDWIN: Yes?
MR. TOMLINSON: I just wanted to add that one
of the reasons that our software vendor has resisted
changing to -- to a web-based processor is that the -- the
Unix operating system, which is -- which is as opposite of a
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PC system as you can get, is virtually, 99.9 percent
bulletproof. You -- a virus of any kind will not impact a
Unix-based system. So, we have -- with that processor, we
have some security in knowing that -- that somebody from the
outside world can hack into our -- our processor, or a virus
can attack our processor and -- you know, and destroy our
information. So -- but over the last two or three years,
the -- the security in a web-based system has improved a
lot. So, in the -- in the past year or two years, our
software vendor has -- has -- their main thrust has been
developing software or converting their software to a web --
web-based processor, and they're there now.
COMMISSIONER BALDWIN: Is that Software,
Inc.?
MR. TOMLINSON: Yes. The tax -- the tax
information system and the court information system I
believe is already available. In fact, Sheriff Jung over in
Gillespie County was -- was one of the beta sites for the --
the new web-based sheriff's system, and I know the Sheriff
has visited with him, and from what the Sheriff tells me,
you know, Sheriff Jung is -- can't be more happy with --
with what he has.
COMMISSIONER BALDWIN: Well, it's a good
thing, then. If Sheriff Jung --
SHERIFF HIERHOLZER: If Milton's happy --
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COMMISSIONER BALDWIN: If Milton's happy,
it's a good thing.
MR. TOMLINSON: So -- so that's why I would
recommend to do what they've suggested, in that it gives
us -- it gives us two avenues here. It could extend our
life -- the life of our processor, or we could use the
system to attach to a web-based processor if we want to.
JUDGE TINLEY: Did we expand the mainframe
last year?
MR. TOMLINSON: Yes, we did.
JUDGE TINLEY: Wasn't that a budget item of
about $10,000?
MR. TOMLINSON: No. That -- that was to
purchase some virus protection for our Internet system.
We -- we had to enlarge our -- our license -- we had to
increase our licenses for that product, and that's what that
was for.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: Tommy, what's the -- I'll
make a motion if we can figure out what we're trying to buy.
What's it called?
COMMISSIONER BALDWIN: Do you know what I'd
like to see? I'd like to see us have written down what it
is we're buying, and the -- the exact, specific lines that
we're taking money out of, and how much exact money we're
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taking out of each line, and have that in the court order.
COMMISSIONER WILLIAMS: I want that too.
COMMISSIONER LETZ: I agree. I was just
trying to figure out what it was we're trying to -- is
this --
SHERIFF HIERHOLZER: It's actually a server.
MR. TOMLINSON: Yeah, it's called -- it's
called a DataNAS XP filer, and it consists of -- of the
amount for an eight -- for a 500-gigabyte usable space.
It -- it has a warranty, and it includes $3,000 for
installation.
COMMISSIONER WILLIAMS: Are you doing all
these options that are also listed here?
MR. TOMLINSON: Yes, we are.
COMMISSIONER WILLIAMS: Are those options
included in the 12,693?
MR. TOMLINSON: Yes, they are.
JUDGE TINLEY: And where are you proposing
the budget line items be -- be charged for?
MR. TOMLINSON: I don't have -- I don't have
a definitive amount for each line item right now, but I --
essentially, it comes from --
COMMISSIONER BALDWIN: Come back in a little
while.
JUDGE TINLEY: Yeah, that was going to be my
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suggestion, that you put the pencil to it and -- and put
down some specifics. We can come back to this item and take
action on it once we have the specifics. That might be the
more efficient way to handle it. I think that's where you
were coming from, --
COMMISSIONER BALDWIN: Yes, sir.
JUDGE TINLEY: -- Commissioner. And you
were, likewise?
COMMISSIONER WILLIAMS: Yes, sir.
SHERIFF HIERHOLZER: Come back today?
JUDGE TINLEY: Well, here in just a few
minutes, if you can get the -- get the specifics as to the
system, and also the -- the numbers and from what budget
line items. I think that's what we're looking for.
COMMISSIONER BALDWIN: Yes, sir. And if you
hand-write it, don't let Rusty do it. That left hand, I
can't tell what some of these numbers are.
JUDGE TINLEY: Okay, we'll come back to Item
4; take no further action on that now. Let's go to the next
item on the agenda, consider and act on nominations for
membership on the Kerr County Emergency Service District
Number 1 Board of Commissioners. Commissioner Nicholson.
COMMISSIONER NICHOLSON: Okay. Emergency
Service District Number 1 is the -- is an Ingram area
service district, and in our last meeting, or meeting before
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last, we did appoint -- or we did approve the nomination of
a -- of --
COMMISSIONER LETZ: Johnny Elkins.
COMMISSIONER NICHOLSON: Yeah, Johnnie
Elkins, to fill a vacancy, the seat vacated by Elaine
Casteel. Subsequent to that, one of the other members,
Truman Lyles, has determined that he won't serve any longer
because of health reasons, so the Board of E.S.D. Number 1
has nominated James Damon as a replacement for Truman Lyles.
Mr. Damon's got a lengthy history in business, and he knows
financial matters very well. He's also got an interest in
and experience in community service, and I think he'll be --
make an excellent member of the board.
COMMISSIONER BALDWIN: Second.
COMMISSIONER NICHOLSON: So, I move to -- to
nom -- approve the nomination of James Damon to the E.S.D.
Number 1 board.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the nomination of James Damon to the Kerr County
Emergency Services District Number 1 Board of Commissioners.
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.
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JUDGE TINLEY: That motion does carry. The
next item is to consider and act on nominations for
membership on the Kerr County Emergency Service District
Number 2 Board of Commissioners. We have with us
Mr. Henson, who's on that board, and feel free to come
forward and tell us what your thoughts are, Mr. Henson.
MR. HENSON: Good morning, gentlemen. I'm
F.C. Henson, resident of Mountain Home area, and it's my
pleasure and honor to be the president of the Board of
Commissioners at the present time for Emergency Services
District Number 2. We have two terms that expire at the end
of this year. One of those terms, we will have a -- an
individual that's an incumbent on the Commission is
available to be renominated and reappointed for that
position, Mr. Wesley Patton, and our board recommends that
the County Commissioners reappoint him to -- to Emergency
Services District Board of Commissioners. One of our
members, Mr. Bruce Oehler, who I'm sure you all know, will
not be available for reappointment due to his interest in
some other activities, and so we have a new member
recommendation that we'd like to make to you at this time;
specifically, Mr. Stephen Bauer. Mr. Bauer is a lifelong
resident of the hill country. He lives in the Mountain Home
area, and he's over age 18, which we -- which fulfills the
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legal requirements for appointment to that -- to that board.
He has a long history of community service, including being
the past president of the Farm Bureau. At the Farm Bureau,
he was president, on the board. He's very active in other
public institutions, public school system in particular. He
runs his own very successful business in the Ingram area, so
we think he's an ideal candidate for your consideration to
be appointed to -- to membership to the Board of Directors.
Are there any questions that you have about the nominations?
In summary, we'd like to re -- we would like you to
reappoint Wesley Patton, and we'd like you to appoint Steve
Bauer.
COMMISSIONER BALDWIN: I just wanted to make
a comment, that even though Mr. Bauer is a resident of
Gillespie County, he's a good man. Good man. Be a strong
board member.
MR. HENSON: Thank you. I -- I think he is a
resident of Kerr County, however.
COMMISSIONER BALDWIN: Well, it says Harper,
Texas.
MR. HENSON: Yes, sir. His -- his mailing
address is Harper, Texas. For very same reason that some of
our -- our present members -- Mr. Oehler, in particular, his
address is Ingram. That's simply an artifact of the -- of
the U.S. mail service, but he lives within the district,
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within the --
COMMISSIONER BALDWIN: That's a requirement,
isn't it?
MR. HENSON: Yes, sir, it is a requirement.
COMMISSIONER BALDWIN: Very good. Appreciate
you straightening that out for me.
MR. HENSON: Thank you very much for bringing
it up for clarification.
COMMISSIONER NICHOLSON: Okay. I move that
we approve the reappointment of Wesley Patton and the
appointment of Stephen Bauer to the Emergency Service
District Number 2 Board of Directors.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the appointments as indicated. Any question or
discussion?
COMMISSIONER NICHOLSON: I just -- couple of
comments. I've had the opportunity to work with this new
E.S.D. board, and I'm very, very impressed with the
professionalism, efficiency, and the capability of the board
and each individual member. We're in good hands with this
board. They're doing everything right. Also comment that I
know Mr. Stephen Bauer, and he's a good businessman. He's
got a lot of interest in community things. I think all of
you probably know him, particularly through youth
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activities, or maybe you've stopped by and bought corn from
him before at his store there in Ingram. So, I think we've
done well by getting Stephen Bauer.
COMMISSIONER BALDWIN: I agree.
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: That motion does carry, thank
you for being with us today, Mr. Henson.
MR. HENSON: Thank you very much, gentlemen.
JUDGE TINLEY: The next item on the agenda is
to consider, discuss, and take appropriate action to
authorize advertising for bids for construction for Kerr
County's Kerrville South sanitary sewer project under Texas
Community Development Program contract 722411 and 723095.
Commissioner Williams?
COMMISSIONER WILLIAMS: Judge, I put this on
the agenda in anticipation that all of the approvals would
be ready for us to move forward on bidding. The project
engineer, however, advises me that Phases 2 and 3 plans --
construction plans are still in the hands of the City's
Public Works Department for review, and we haven't gotten
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their final approval or review comments yet, so I'll
withdraw it and will come back at a later date.
COMMISSIONER BALDWIN: Commissioner, could I
-- could you give me a map of some sort that outlines what
Phase 2 and 3 is?
COMMISSIONER
COMMISSIONER
track of all that. I think
COMMISSIONER
on, I'll have that in the p
advance, if you like.
WILLIAMS: Sure.
BALDWIN: I've kind of lost
it's kind of time.
WILLIAMS: When I put it back
acket. I'll give it to you in
COMMISSIONER BALDWIN: That'd be great.
COMMISSIONER NICHOLSON: Commissioner, on a
related issue, not -- not directly related, but do you have
an idea of when the -- the new sewer line to Ingram might be
in operation? What I know about is what I read in the
newspaper.
COMMISSIONER WILLIAMS: Well, unfortunately,
that's about all I know. I know the City says it's moving
forward. Danny Edwards says it's moving forward, but based
on our experience in constructing, I would say you're
looking at two to three years, probably.
COMMISSIONER BALDWIN: Isn't this great? We
have a water guru and a sewer guru. This is good.
Congratulations, Bill.
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COMMISSIONER WILLIAMS: He provides -- he
provides the natural resources; we flush it away.
COMMISSIONER NICHOLSON: Besides water, he's
a subdivision guru.
COMMISSIONER WILLIAMS: Would you like to be
the recycling guru?
COMMISSIONER BALDWIN: No, I have nothing to
do with that.
JUDGE TINLEY: Do you want to stay out of
this, Commissioner Baldwin?
COMMISSIONER BALDWIN: I'll stay out of that
one.
JUDGE TINLEY: Okay. Anybody have anything
further on that particular item? If not, we'll move forward
on the next agenda item. Consider, discuss, and take
appropriate action to accept conveyance of land upon which
portion of Red Bird Loop is constructed. Commissioner
Williams.
COMMISSIONER WILLIAMS: Attorney Lynn
LeMeilleur called me, I don't know, a month or so ago, and
apparently she has a client, Northpoint Investors, and
they're the owners of 0.15 acre of land described on the
enclosed plat field note. And I guess when Red Bird Loop
was constructed, if you take a look at the plat, and we turn
the corner there heading north, I guess you rounded off a
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little bit of those folks' property, and the owner wants to
give it to the County, and so I put it on the agenda for the
County to accept it. The road is there. It's ours. We run
over it, traffic goes over it, so it might as well be a part
of our official records. I move acceptance of the portion
of Red Bird Loop as constructed and depicted on the plat as
submitted in your packet.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded to
accept the conveyance from the owner of that portion of
property, that 0.15 acre upon which the road presently lays.
And it is being utilized?
COMMISSIONER WILLIAMS: Yes, sir.
JUDGE TINLEY: Any further question or
discussion on the agenda item?
COMMISSIONER BALDWIN: My question is, is --
engineer or County Attorney, is this document enough? Is
this the -- the document that really outlines the field
notes and all those things?
COMMISSIONER WILLIAMS: You want to take --
MR. ODOM: I'm sorry, I haven't seen it. I
didn't know exactly, but I -- where I'm at, I think I did
field notes --
JUDGE TINLEY: I think there -- I think this
anticipates there will be a separate conveyance from the
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record title owner to Kerr County of -- of the property as
described in the field notes.
COMMISSIONER LETZ: Probably quitclaim.
JUDGE TINLEY: I think it anticipates that.
Probably quitclaim, yeah.
COMMISSIONER BALDWIN: Okay.
MR. ODOM: I believe that I did that several
years ago, and that the property owner did not sign the
papers on it, and it just laid there. We had it by --
COMMISSIONER WILLIAMS: Yeah, it's changed
hands since then.
MR. ODOM: It's changed hands, I'm sure. And
I think it's at the corner before you get to the Bolins'
property right there, and it goes to the right. But that
road has always been there. We were there, and when we did
that, we approached the gentleman and he wouldn't sign it.
For whatever reason, he wouldn't sign. He said he'd sign;
then he said he wouldn't. I just said the road stays there.
COMMISSIONER WILLIAMS: Well, as the Judge
noted, there will be a conveyance -- appropriate conveyance
document.
MR. ODOM: But that road had been there for
35 or 50, however long Stoneleigh had been there, so we just
followed what was there. And we had it for over 10 years,
so it's called adverse possession.
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JUDGE TINLEY: Any further question, comments
or discussion on the motion?
COMMISSIONER NICHOLSON: I'm just wondering
if Rex is billing us for all this free legal advice we're
getting.
COMMISSIONER WILLIAMS: I hope not.
COMMISSIONER BALDWIN: I don't recommend
that. Budget's coming up.
MR. ODOM: Did I answer your question?
COMMISSIONER BALDWIN: Yeah, I'm very happy.
Thank you.
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: That motion does carry. We'll
move on to Item 11, approval of resolution to apply for
grant from the Office of the Governor, Criminal Justice
Division, to fund 80 percent of the program from July 1,
2005 to June 30, 2006. Ms. Lavender.
MS. LAVENDER: Good morning. First, I want
to invite you, on behalf of the County Attorney's office, to
a reception this afternoon for Nell Gordon. She's going to
be retiring, and we're going to have coffee and some goodies
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from 2:00 to 4:00, and I have an invitation for you all, and
we hope you'll take time this afternoon to come by and join
us.
COMMISSIONER BALDWIN: Thank you.
MS. LAVENDER: Nell has worked in the County
Attorney's office for the County for a good 15 years. She
was one of the awardees last Thursday at our Christmas
luncheon. The resolution that I have there is simply the
first step in our application to AACOG for the grant to fund
the Crime Victims' Rights Coordinator position and the
program from July 1st, 2005 to June 30th of 2006. It does
require a 20 percent matching grant from the County. It can
be in-kind match. So, we talked about this when we set the
program up last October, that this was what our step was
going to be. They've moved the schedule up just a little
bit on us. We thought we would not have to have the
paperwork in until early February, but they have to have the
paperwork at AACOG on the 14th of January. So, with the
transition in the County Attorney's office and the end of
the year and so forth, we decided we'd go ahead and do the
resolution today, and then that will give us the option to
get the paperwork completed and to AACOG at the time that
it's supposed to be.
And I also put an end-of-month report --
actually, kind of a summation of what I've done since we
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started the program in October, in your report. It's been
an amazing kind of an experience, seeing how much there is a
need for this position. The state report that's sent in
each year, it's done on a six-month basis. The first one
for 2004 from January 1st to June 30th showed that there was
one Victims' Rights Impact Statement given out in Kerr
County, and none returned. And since October the 15th, I've
given out about probably 16 or 18 of them, and all but
probably four or five of them are returned, and we've
already sent some to T.D.C., and the pen packs. So, people
who have been adjudicated in the courts, the victims have
been very receptive about the program, and I'm learning a
lot about what's going on out there that I didn't know
through this job. And you all would be amazed, other than
the fact it's confidential; I can't tell you too much, but
it's amazing.
COMMISSIONER BALDWIN: Go ahead and tell us.
MS. LAVENDER: We're -- we want to get this
program going, and going on a permanent basis with this
grant.
COMMISSIONER WILLIAMS: 80 percent equals how
many dollars?
MS. LAVENDER: Well, we don't have a budget
put together yet. Probably in the neighborhood of about
$40,000, is probably what we're going to ask for. 40 to 42,
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probably.
JUDGE TINLEY: This is the same grant that --
MS. LAVENDER: Kendall County operates their
program on.
JUDGE TINLEY: -- that we knew we were going
to --
MS. LAVENDER: Right. It's the Victims of
Crime Act.
JUDGE TINLEY: When we started the program,
as well as the match, we were aware --
MS. LAVENDER: Correct.
JUDGE TINLEY: -- of the match, and the fact
that --
MS. LAVENDER: No surprises.
JUDGE TINLEY: -- part of it can be in-kind.
MS. LAVENDER: Right, correct.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: Question I have is, is
the resolution -- is it a form that AACOG sent?
MS. LAVENDER: Yes. Well, it's a form that
was sent by the Governor's office, Criminal Justice
Division.
COMMISSIONER LETZ: It's just the fourth
"Whereas" is kind of odd to me.
MS. LAVENDER: It's exactly right off the
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form they sent. I typed it.
COMMISSIONER LETZ: And I say it's odd from
the standpoint that it gives the --
JUDGE TINLEY: Terminate.
COMMISSIONER LETZ: Yeah, gives the County
Judge authority to apply, reject, alter, or terminate the
grant.
MS. LAVENDER: I would expect he would
consult with you before he would do that.
COMMISSIONER LETZ: I would think so.
JUDGE TINLEY: I can assure you, I would do
that.
COMMISSIONER LETZ: Rather odd. I move
approval of the resolution.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the resolution. Any question or discussion?
COMMISSIONER NICHOLSON: Isn't the
expectation that the grant funds will be available beyond
June 30, 2006?
MS. LAVENDER: Well, since the money comes
from the federal government, I don't think you can make any
guarantees about anything like that.
COMMISSIONER WILLIAMS: They're -- they're
renewable annually. They're one-year increments.
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MS. LAVENDER: Right, the V.O.C.A. grant.
COMMISSIONER NICHOLSON: There's a
possibility that would be --
MS. LAVENDER: The V.O.C.A. grant money that
AACOG gets, last year, every one of the grants was funded.
COMMISSIONER WILLIAMS: Possibilities are
good.
MS. LAVENDER: In our county plan, the
creation of this program was the number-one goal in our
county plan for next year, and so I -- I don't see that it's
going to be a problem. As far as years to come, we'll just
have to do it year by year and hope for the best. The
program's been in existence in Kendall County for several
years and has been refunded each year. We have to also, in
the process, get a bunch of cooperative working agreements
signed with the different law enforcement agencies and
social service agencies that also work with crime victims,
and so we'll be doing that this week and next week also.
COMMISSIONER NICHOLSON: Good.
JUDGE TINLEY: 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.)
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JUDGE TINLEY: That motion does carry.
MS. LAVENDER: Thank you.
JUDGE TINLEY: We now have a timed item on
the agenda, and I will recess the Commissioners Court
meeting at this time, and I'll open a public hearing for the
revision of a plat for Lots 6 and 7 and parts of Lots 4 and
5 of Hartshorn Country Sites, as shown in Volume 1, page --
Page 68, to include an abandonment of a road easement.
(The regular Commissioners Court meeting was
closed at 10:01 a.m., and a public hearing
was held in open court, as follows:)
P U B L I C H E A R I N G
JUDGE TINLEY: Is there any member of the
public that wishes to be heard or otherwise speak on the
revision of the plat for Lots 6 and 7 and parts of Lots 4
and 5 of Hartshorn Country Sites, as shown in Volume 1, Page
68, to include abandonment of a road easement? Seeing no
one giving an indication that they desire to be heard on
this, I will close the public hearing, and I will reconvene
the Commissioners Court meeting.
(The public hearing was concluded at
10:02 a.m., and the regular Commissioners
Court meeting was reopened.)
JUDGE TINLEY: And the next item is to
consider a revision of plat for Lots 6 and 7 and parts of
Lots 4 and 5 of Hartshorn Country Sites as shown in Volume
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1, Page 68, to include abandonment of a road easement.
COMMISSIONER LETZ: Finally.
MR. ODOM: Pardon me?
COMMISSIONER LETZ: Finally, we're almost
done on this thing.
COMMISSIONER BALDWIN: Yeah, unbelievable.
MR. ODOM: Yeah -- go ahead, Commissioner.
COMMISSIONER BALDWIN: Okay.
MR. ODOM: I'm sorry. Any questions?
COMMISSIONER BALDWIN: Judge, I move that we
approve the revision of plat for Lots 6 and 7 and parts of
Lot 4 and 5 of Hartshorn Country Sites in Kerr County,
Precinct 1, Kerr County, and that includes the abandonment
of a road easement.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item as stated. Any further
questions or discussion? All in favor of that motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. The
next item on the agenda --
(Discussion off the record.)
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JUDGE TINLEY: Why don't we -- why don't we
take about a 15-minute recess, and we'll reconvene in
approximately 15 minutes.
(Recess taken from 10:04 a.m. to 10:20 a.m.)
JUDGE TINLEY: Okay. Let's come back to
order. I'll reconvene the Commissioners Court meeting. Are
we ready to finalize the -- the software thing?
MR. TOMLINSON: I can do it during the paying
bills.
JUDGE TINLEY: Do you have the specifics?
MR. TOMLINSON: Yeah, I have it.
JUDGE TINLEY: Why don't we go ahead and
finalize that, if we might. That's Number 4. I'll recall
Item 4, consider and discuss expansion of memory on
mainframe of imaging parts of the inmate tracking system.
MR. TOMLINSON: Okay. $5,000 would come from
Capital Outlay in Nondepartmental; $7,800 from Contingency,
Nondepartmental; $1,260 from Mainframe Maintenance in
Nondepartmental; $1,633 from the Sheriff's equipment fund
donations.
COMMISSIONER BALDWIN: Did you get it?
COMMISSIONER WILLIAMS: I got something.
JUDGE TINLEY: Nondepartmental Capital
Outlay, $5,000. Then we got how much from Nondepartmental
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Contingency?
MR. TOMLINSON: $7,800.
COMMISSIONER WILLIAMS: $10,800?
MR. TOMLINSON: $7,800.
COMMISSIONER WILLIAMS: 7,000, that's better.
JUDGE TINLEY: Okay. And then we've got
Computer Maintenance, and that's Nondepartmental?
MR. TOMLINSON: Yes.
JUDGE TINLEY: And that's 1,700?
MR. TOMLINSON: 1,260.
JUDGE TINLEY: 1,260?
MR. TOMLINSON: Yes.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: Well, the Sheriff
comes out relatively unscathed on this.
SHERIFF HIERHOLZER: It's my donation account
for equipment, sir.
COMMISSIONER LETZ: And 1,633 was the little
bit the Sheriff's going to contribute.
MR. TOMLINSON: Yes.
COMMISSIONER BALDWIN: Couple of months of
salary, he could do the whole thing.
SHERIFF HIERHOLZER: This wasn't a Sheriff's
Office problem; this was a Clerk's office problem.
COMMISSIONER WILLIAMS: No, the Sheriff's
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cluttering up the system.
SHERIFF HIERHOLZER: The Clerk's cluttering
up the system.
	JUDGE TINLEY: The -- the item was placed on
the agenda b	y the Sheriff. Does the Sheriff have anything
further to o	ffer in connection with this agenda item?
	SHERIFF HIERHOLZER: Thank you. That's it.
	COMMISSIONER LETZ: I move approval of the
purchase of	a DataNAS XP filer to enhance -- or I guess to
enhance our	imaging capabilities, for the funds to come --
$5,000 from	Capital Outlay, Nondepartmental; $7,800 from
Contingency,	Nondepartmental; $1,260 from Mainframe
Maintenance,	and $1,633 from the Sheriff's Department
Equipment ac	count.
	COMMISSIONER BALDWIN: Second.
	COMMISSIONER NICHOLSON: Second.
	JUDGE TINLEY: Motion made and seconded --
(Sneezed.)	Excuse me. Any questions?
	COMMISSIONER BALDWIN: Bless you.
	JUDGE TINLEY: 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.)
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JUDGE TINLEY: That motion does carry. Thank
you, gentlemen. Next item on the agenda is Item 12,
consider, discuss, and take appropriate action to authorize
an independent audit of the Kerr County Juvenile Detention
Center operation for fiscal years 2002, 2003, and 2004.
Commissioner Williams.
COMMISSIONER WILLIAMS: Judge, I put that on
the agenda for a couple reasons. First of all, there are a
lot of folks who continue to question members of the Court
with respect to the prior operation of -- of the detention
center, and with particular emphasis on how that
800,000-plus dollars got spent down in a two-year period of
time, and for what purposes. I think the Court needs to
know that. I think the general public has an obligation --
or should have an opportunity to understand what took place
over the past, and I think it's fair to Ms. Harris that she
have this audit and that she be given the opportunity on
January 1 to start from scratch, brand-new, knowing full
well what all the warts and blemishes were, knowing what the
problems were so that they can be avoided. Perhaps she
knows most of them now, but if not, this will help reveal
that, and we go forward from that point in time with a clean
slate. And that was the purpose of putting it on the
agenda.
COMMISSIONER BALDWIN: Well, and I'd like to
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-- the only thing I'd add to that, not only Mrs. Harris
needs to see and understand what has happened and how it
works, and needs a clean slate to begin, but Kerr County --
COMMISSIONER WILLIAMS: I agree.
COMMISSIONER BALDWIN: -- needs a clean slate
to start things off. I don't care who does it, who pays for
it, how it's done. I just -- I really and truly believe
that an audit needs to be done before the County takes the
facility over, though.
COMMISSIONER WILLIAMS: I didn't make any
notations as to what line item, or we do have Professional
Service dollars available, whether it's something that could
be legitimately charged to the Juvenile Detention Center
operations, but I would defer to the County Auditor for his
input on those matters.
JUDGE TINLEY: Mr. Auditor, has not -- has
not the detention facility operation been a part of the
annual outside audit that has been performed annually by the
County's outside auditors and approved by the Court? Has
not the detention facility been included as a part and
parcel of that?
MR. TOMLINSON: Yes, it always has been.
COMMISSIONER WILLIAMS: It has, and it's in
the audit and we can see it. I've looked at it, and it will
give you -- gives you the summary data that -- in the same
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format that we get summary data for every other part of the
County's operation. It does not give you the nitty-gritty
or the detail, or does not tell you the story in terms of
how, for example, $800,000 in reserves went from here to
here in the pit within a span of two-plus years time. I
think it's -- the devil is usually in the details, and I
think the details have been missing, and we need to know
about it.
MR. TOMLINSON: Well, they're -- you know,
the Court's already approved an audit firm to audit the
detention facility. On October the 12th, there was a court
order that gave the Judge the authority to sign an
engagement letter with Pressler Thompson and Company to
do -- to do an audit. What -- I mean, we --
COMMISSIONER WILLIAMS: I don't have any
problem with Pressler Thompson.
MR. TOMLINSON: I mean, if you're after a
specific question, then I think the Court needs to direct
them to that direction. I -- you know, they have -- they
have already started their work.
COMMISSIONER BALDWIN: That's great. I think
that's good.
MR. TOMLINSON: And so, I mean, you know, in
the past -- last year, you know, we -- we spent $23,000
on -- on that report.
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COMMISSIONER WILLIAMS: I understand.
MR. TOMLINSON: And I don't see a reason to
hire another firm to --
COMMISSIONER WILLIAMS: I'm not suggesting
that.
COMMISSIONER BALDWIN: No one's suggesting
that.
MR. TOMLINSON: I mean, if -- I mean, if you
will tell -- I mean, if you will give me a direct question
as to what you want from me, I'll be glad to do it.
COMMISSIONER BALDWIN: I'd like to see from A
to Z, more detail.
MR. TOMLINSON: I mean --
COMMISSIONER BALDWIN: A to Z. And if they
can't do it, then we need to go back and revisit that order
and hire somebody that can.
MR. TOMLINSON: Well, I mean, what -- what
I'm hearing the Commissioner is trying to get at, general
auditing procedures that's set out by the Governmental
Auditing Standards Board might not give you that
information, unless you specifically ask them to do that.
COMMISSIONER NICHOLSON: That's what I'm
thinking. When I -- when I think of an audit report, what I
usually get is a report that says -- from somebody that's
qualified that says I've looked at the financial documents
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and they meet the general accounting standards. Well,
that's not very -- I don't learn very much from that.
COMMISSIONER WILLIAMS: That's my whole
point.
COMMISSIONER NICHOLSON: I think what I'm
hearing here is that the question is, what happened to
revenues and why, and what happened to costs and why?
COMMISSIONER WILLIAMS: And the nitty-gritty
of the operation.
detail.
COMMISSIONER NICHOLSON: In some kind of
MR. TOMLINSON: You know, I --
COMMISSIONER NICHOLSON: Something you can
learn from. Excuse me, Tommy.
MR. TOMLINSON: Sure.
COMMISSIONER NICHOLSON: The only -- in my
view, the only reason to go through this and do something
like this is if we can learn from what happened so that we
don't do that same thing again in the future.
COMMISSIONER WILLIAMS: Exactly right.
COMMISSIONER NICHOLSON: If it's within our
control. I don't know, but it should be a learning
experience and exercise, not -- not anything else. Excuse
24 me, Tommy.
25
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is sour grapes, but from August up to now, in all this
process of, you know, determining what to do, gaining
information, those kinds of things, I have -- you know, my
office has been left totally out of this picture.
COMMISSIONER WILLIAMS: Then you need to
know, too.
MR. TOMLINSON: No. No, I'm talking about
direction from this Court. I -- my office has not been
asked specifically to aid in any calculations, any
projections. The only thing that my office has been asked
to do in this whole process is to help Ms. Harris develop a
budget, and that came from the last meeting. If -- you
know, if you -- if you want my office to -- to develop those
numbers that you want, we can do it. I mean, all -- you
know, all the transactions that ever happened in that
facility from June the 1st, 1997 until today is part of the
records of Kerr County, and they're right down -- I mean,
they're on our accounting system. There's no magic. No --
no mystery about what they are. All I need is some -- some
direction.
COMMISSIONER WILLIAMS: In the normal course
of your -- of events, do you have the time to do what we'd
like to see done for those three years?
MR. TOMLINSON: Sure. I mean, it's -- we --
COMMISSIONER WILLIAMS: Or would it be better
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served if an auditor of our choice, and it can be Pressler
Thompson or whomever, works with you to do this so we can
understand what this is all about?
MR. TOMLINSON: Okay, there -- there's
probably four specific issues that I can think of that --
that had a major impact on -- on the profit or loss of that
facility. It's a matter -- excuse me. It's a matter of
quantifying what -- what that is. For one example -- and, I
mean, this is knowledge -- common knowledge to everybody.
And I can't give you the exact date that this happened, but
on June the 1st, 1997, Texas Juvenile Probation Commission
gave us a license for 50 residents in that facility.
Sometime between the issuance of the bond and when the --
the addition was completed, in a -- in a monitoring visit at
some point -- I think it was in 2003. I'm not sure of that,
but during -- during that visit, they took away 22 percent
of our licenses. Well, I mean, our -- our --
COMMISSIONER LETZ: Licenses as in number of
beds? Or licenses for certain --
MR. TOMLINSON: Number of beds. So, we -- in
one day, we went from 50 to 39. So, you multiply 22 percent
onto the revenues that we were producing prior to that,
which was approximately a million, six, you know, that's
$360,000 that we lost in revenue in -- in one decision by
T.J.P.C.
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COMMISSIONER LETZ: Tommy, I think the --
MR. TOMLINSON: And so, I mean, that's -- I
mean, that's an example, and there's many more. And so
that's the kind of thing that I -- that I can quantify.
But, you know, I -- I need -- I mean, I need a definitive
direction from this Court, and up until this date, I have
never received that.
COMMISSIONER LETZ: I think the --
COMMISSIONER WILLIAMS: Well, up until
September, it wasn't our issue.
COMMISSIONER LETZ: But I think the -- what
the Court -- what I think the -- you know, the whole Court
probably wants is just basically financial statements of the
same detail we get on every other county department for
those three years. And then if you can outline anything
like you just told us, those specific events that caused the
problems, whether they're funding or beds or licenses, and
then once we get that, I think then we can know if we want
more. But until you get those basic things that should be
relatively simple for you to put together, I don't know --
you know, I wouldn't know what to tell you we need, or I
want to look at. So, to me, that would be the first step,
is to give us basic financials.
JUDGE TINLEY: Tommy, you have the
information within your system to be able to go, for
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example, all the way back to June '97, do you not?
MR. TOMLINSON: Oh, yeah. Sure.
JUDGE TINLEY: And make, say, monthly
operating statements?
MR. TOMLINSON: I could give you a list of
every transaction that ever happened at that place.
COMMISSIONER LETZ: I don't want it.
JUDGE TINLEY: Translated into a monthly
operating statement --
MR. TOMLINSON: It will give --
JUDGE TINLEY: -- as well as an annual
operating statement?
MR. TOMLINSON: It will give you a subtotal
of every -- of expenses for every month.
JUDGE TINLEY: As well as a balance sheet?
MR. TOMLINSON: Mm-hmm.
COMMISSIONER LETZ: That --
JUDGE TINLEY: And then --
MR. TOMLINSON: I mean, the statements that
have already been audited are -- are a summary form of -- of
the detail.
COMMISSIONER LETZ: Right.
MR. TOMLINSON: And that is the -- I mean,
that is patterned after the statements that we provide for
every other county fund. And that's the -- that's the
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reason that they are --
COMMISSIONER WILLIAMS: I understand.
MR. TOMLINSON: -- like they are.
COMMISSIONER WILLIAMS: But that doesn't give
us any detail. Doesn't tell us anything.
MR. TOMLINSON: Well --
COMMISSIONER LETZ: But the financial
statements the Judge has outlined, you've mentioned the -- I
mean, monthly or quarterly or -- I personally don't want to
look at a monthly. I think quarterly would be plenty.
MR. TOMLINSON: I mean, virtually -- I mean,
from memory, I -- I can -- I remember that in 2001-2002, at
the end of that year was the high point of our reserve. And
in 2002-2003, as stated in the audit report, we -- we had a
negative $189,000 in net assets. And so -- and, I mean, you
know, there -- it's -- all of that's explained in the audit.
COMMISSIONER LETZ: Right. But I think -- I
mean, my standpoint is that, you know, I don't know that I
need to look back going into '97, but I think two or three
years is fine, or four years, whatever. But I think it'll
be very helpful looking at Ms. Harris' budget, when we
finally get her final budget, to look back historically like
we do in all other departments.
MR. TOMLINSON: Well, that's exactly what I
gave her. I mean, she and I sat down last week in my office
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for probably two hours, and I gave her historical
information that -- on the detail on all accounts for her to
use in her budget interpolations.
COMMISSIONER BALDWIN: Tommy, in your
numbers, we're going to be able to see that T.J.P.C. came in
here and in one day, in one fell swoop, removed "X" amount
of dollars from our program?
MR. TOMLINSON: Mm-hmm.
COMMISSIONER BALDWIN: And I -- there's no
doubt that that's always been available; I've never
questioned that. But that's really not my question. My
question is going to go to what caused them to remove that
funding. What caused them to --
MR. TOMLINSON: You have to ask them that
question.
COMMISSIONER BALDWIN: And I'm going to be
happy to do that as soon as I get your information. And I
think someone in this county ought to be able to answer that
question, though. Do you not?
MR. TOMLINSON: Well, I -- to be honest with
you, I mean, when -- when the Judge, all the Juvenile Board
and Ms. Harris and County Attorney and I went to Austin
before T.J.P.C. Board, I think that at that time, there were
part of their own organization that didn't know that that
happened.
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COMMISSIONER WILLIAMS: But, Tommy, my point
is this. Following up on what Commissioner Baldwin said,
say you take the T.D.C. -- T.J.P.C. action that reduced
revenue stream or number of licensed beds or whatever. Take
-- just take this action alone. My question is, what steps
did the management of the operation take to make adjustments
to accommodate the State's action so that the expenditures
didn't continue to rise or stay the same, knowing that the
revenue stream was going down? What steps were taken?
MR. TOMLINSON: Well, I -- I know, for one
thing, we -- we protested the -- or the administration did.
COMMISSIONER WILLIAMS: That's not an
operational action.
MR. TOMLINSON: Well, let me finish,
Commissioner. I mean, the operation of any detention
facility, whether it be a jail or juvenile, it's hard to
find a variable cost, except for food and supplies for --
for the residents. So, the operation of that facility is
pretty much fixed.
COMMISSIONER WILLIAMS: A cursory look at the
statements that we have access to today will show that the
revenues diminished as you said, and the expenses stayed
level or went up. So the question is, what operational
steps were taken, measurably? And if the answer is none,
then we need to know that too.
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MR. TOMLINSON: Well, I don't know that. I
mean, I -- I mean, that's -- I'm just looking at the raw
numbers. And -- and I know the results of -- or can
quantify the results of some of the actions that -- that
took place. And, I mean, I -- I don't know for sure what
kind of action the administration took.
COMMISSIONER WILLIAMS: Then you need to know
as well as we need to know.
COMMISSIONER LETZ: Well, okay. I'll make a
-- just so it is clear, I'll make a motion that we request
the Auditor to provide quarterly financials of the same
detail received from all other county departments for 2002,
2003, 2004.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made --
MR. TOMLINSON: Repeat that? I lost -- got a
little lost there.
COMMISSIONER LETZ: Quarterly financials.
MR. TOMLINSON: Reports on what? Juvenile --
COMMISSIONER LETZ: On the Juvenile Detention
Facility for the same -- on the same format or, you know,
detail for all other county departments. In other words,
overtime, copy supplies. You know, the same --
MR. TOMLINSON: That's not --
COMMISSIONER WILLIAMS: Personnel, all that
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stuff.
COMMISSIONER LETZ: Personnel. And then --
'cause, I mean, that's a format that I'm familiar looking at
with the county. And then, if there's a question, we can
ask you specific questions.
MR. TOMLINSON: Yeah, I just provided that
information to the press about, what, three or four weeks
ago?
COMMISSIONER LETZ: So it will be easy. And
then, in addition, any events that took place that caused --
from the State that caused substantial changes in operations
for funding.
COMMISSIONER BALDWIN: I think you're right.
That's probably going to be the best route for us to go.
And from -- from those numbers, then, we can create our
questions.
COMMISSIONER LETZ: Correct.
COMMISSIONER WILLIAMS: That's right.
COMMISSIONER BALDWIN: Very good.
COMMISSIONER WILLIAMS: That's fine.
COMMISSIONER BALDWIN: Very good. Y'all are
so good.
JUDGE TINLEY: Was there a second?
COMMISSIONER BALDWIN: There was a second
25 ~ right here.
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COMMISSIONER WILLIAMS: Yeah, I seconded.
JUDGE TINLEY: Motion made and seconded. Any
further question 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: That motion does carry. Thank
you. The next item is consider, discuss, and take
appropriate action to adopt a resolution opposing certain
diversion of funds from established programs by O.R.C.A.
Commissioner Williams.
COMMISSIONER WILLIAMS: Judge, we've -- we
all received a copy of an urgent alert that came from our
friends at Grantworks with respect to this proposed
Education Pilot Program reserved for Pecos only -- only for
Pecos and Willacy counties. The alarm bells go off when you
determine what the impact would be if O.R.C.A. does this,
and if the pilot program, by their definition, turns out to
be successful in whatever it is they're trying to prove, and
they determine to do this on a broader scale, funds that are
available to counties such as Kerr County and others who
have programs being funded by O.R.C.A., such things would be
affected on a larger scale, such as Community Development
Funds, Texas Capital Funds, Disaster Relief Fund, Planning
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Capacity and Building Fund, Non-Border Colonia Fund, which
we have some money from, and the STEP Funds and so forth.
And so I think it would be appropriate for -- we were unable
to make the public hearings, but I think it would be
appropriate for us to let our feelings be known, through
resolution directed to O.R.C.A., that Kerr County
Commissioners Court opposes the diversion of funding being
proposed to the Education Pilot Program, and urge the
O.R.C.A. Board of Directors to find alternate funding for
the proposed Educational Pilot Program, if, indeed, the
program is -- is desirable. And that's the nature of the
resolution, and I would move the resolution.
JUDGE TINLEY: I have a motion.
COMMISSIONER BALDWIN: I second the motion.
JUDGE TINLEY: Motion made and seconded for
adoption of the resolution. Any question or discussion?
COMMISSIONER LETZ: Yes. Could -- Bill?
COMMISSIONER WILLIAMS: Yes?
COMMISSIONER LETZ: Can you explain the
Education Pilot Program a little bit more?
COMMISSIONER WILLIAMS: I wish I could,
Commissioner. It's -- it's job-related, which really calls
also into question why -- why O.R.C.A. would be getting
involved in this on a pilot basis when funding is available
through Alamo Workforce Development, or -- or another
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Workforce Development if Willacy and the other county are
not part of the Alamo area. And, so, why would they be
getting involved in educational programs to this extent when
educational programs are made available through Workforce
Development?
COMMISSIONER LETZ: But these are -- they're
definitely -- these aren't student, school-related
education?
COMMISSIONER WILLIAMS: Not to my knowledge.
COMMISSIONER LETZ: These are adult --
COMMISSIONER WILLIAMS: No, not to my
knowledge, Commissioner.
JUDGE TINLEY: The nexus, I think, is
anti-poverty, Commissioner, as I believe it's indicated.
Any further question or discussion?
COMMISSIONER WILLIAMS: They can do it if
they like, but just find another way to fund it instead of
taking away money from all these various funds.
COMMISSIONER BALDWIN: Well, the thing is,
they do do it.
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER LETZ: They do do it.
COMMISSIONER BALDWIN: And they're reaching
for other moneys now.
COMMISSIONER WILLIAMS: Exactly.
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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: That motion does carry. The
next item is consider and discuss adoption of an order
authorizing publication of Notice of Intention to issue
Certificates of Obligation. I put this item on the agenda
at the suggestion of our financial adviser and bond
attorneys as a necessary step in order to proceed with the
issuance of C.O.'s in connection with the acquisition of the
Juvenile Detention Facility.
COMMISSIONER WILLIAMS: I have a question
about it, Judge. On the second page of the provided
resolution, it talks about whereas -- that should be the
third "whereas" on the second page. "Whereas, following
such acquisition, the Juvenile Facility will be owned by
Kerr County, but will be operated by Juvenile Board in
accordance with the requirements of state law." How does
that comport with the Court's desire for it to be a county
department operated by -- under Commissioners Court?
Question's to you.
JUDGE TINLEY: My response is, Commissioner,
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the financial adviser and the bond attorneys are the ones
that furnished this, and I assume their statement, "in
accordance with the requirements of state law," is accurate.
COMMISSIONER WILLIAMS: It's the phrase,
"will be operated by the Juvenile Board" that -- that
triggers my question.
COMMISSIONER LETZ: I guess my comment is --
I have that same -- I have a big "NO" written next to that
paragraph. And my comment would be that either they need to
come -- "they" being Mr. Spurgeon, who wrote this, needs to
come and explain why this is the only option available,
and/or the County Attorney-elect, 'cause it's going to take
place after he's on the watch, needs to research juvenile
facilities and see if there are ways -- other ways to
operate it as a county facility, as is done in Tom Green
County in San Angelo, as I understand it.
COMMISSIONER WILLIAMS: That's my
understanding, too.
COMMISSIONER LETZ: I mean, my understanding
is that there are other ways other than -- Juvenile Board
does have to certify the facility, as I understand it, but I
don't believe they have to operate it. But the question I
would have would be to the County Attorney-elect and
Mr. Spurgeon, and I'm not willing to go forward on the
resolution until we get those answered.
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COMMISSIONER BALDWIN: It appears to me that
just -- just reading the verbiage here, it looks -- you
know, we -- you're sitting out at your coffee table out in
the public. The taxpayers that are picking up the tab on
this thing, which is a pretty good little tab already, and
they've seen the fight we've had since September 1 over the
issue, and what they see is, they see a facility under the
guidance of the Juvenile Board go broke, and real close to
closing the doors. Now the -- the Commissioners Court wants
to take the taxpayers' money and go purchase the thing and
do the same damn thing again, is what they see by this
verbiage. Not me, buddy. I'm not going to walk out that
door and let the taxpayers get ahold of me over something
like that.
COMMISSIONER WILLIAMS: So we need that
explained, Judge. Also, there's another issue, minor though
it may be, on the Notice of Intention to Issue Certificates
of Obligation.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER WILLIAMS: On the last line, I
notice it talks about the Court authorizes the issuance of
such Certificates of Obligation on Monday, January 24, at a
regular term in the Commissioners Courtroom. I think we
have -- that's not the regular term; I think that's the
special term, and I think we plan to be at the Union Church.
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Is that correct?
COMMISSIONER BALDWIN: That is correct, sir.
COMMISSIONER LETZ: I can see that may --
language may change, depending -- depending on the notice
requirements, because we're not going to act on the other
part today.
COMMISSIONER WILLIAMS: Right, it probably
will.
COMMISSIONER LETZ: I don't think we're going
to act on the other part today.
COMMISSIONER BALDWIN: If you could rewrite
-- could you act on it if you rewrote that one "whereas"?
JUDGE TINLEY: Let me -- let me offer a
suggestion on that, that "whereas." The Juvenile Facility
will be owned by the County and operated in accordance with
the requirements of state law.
COMMISSIONER BALDWIN: You don't have any
choice with that. That's -- that'll work.
COMMISSIONER WILLIAMS: That's okay, far as
I'm concerned.
COMMISSIONER BALDWIN: Whatever that is.
JUDGE TINLEY: That's exactly right.
COMMISSIONER LETZ: But my -- my problem is
that we've hired Mr. Spurgeon to do this, not the County
Judge.
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JUDGE TINLEY: I understand.
COMMISSIONER LETZ: And, I mean, I don't know
that -- what you said sounds good, but I can't vote based on
legal advice from you. So --
JUDGE TINLEY: I'm not offering you legal
advice.
COMMISSIONER WILLIAMS: Unless the County
Attorney-elect says it's okay. Aren't you glad you showed
up this morning, Mr. County Attorney-elect?
MR. EMERSON: I don't think I have the
statutory jurisdiction to be able to comment on that at this
time.
COMMISSIONER BALDWIN: We can give you a few
minutes.
COMMISSIONER WILLIAMS: Boy, he's a quick
learner, isn't he?
COMMISSIONER NICHOLSON: I think what I've
been hearing over last couple months is that it's the sense
of this Commissioners Court that it wants to have hands-on
operational management of this facility, just like it does
Road and Bridge and other county departments. And I think
I'm also hearing that the Juvenile Board may be -- may be
saying no, it's going to be business as usual. I don't know
that; Juvenile Board hasn't -- hasn't addressed the issue.
So, I -- it's possible that we have a -- no, it's likely
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that we have a disagreement between this Commissioners Court
and the Juvenile Board on how that facility is going to be
managed.
JUDGE TINLEY: I -- I don't think there's any
disagreement, Commissioner. In fact, I think that you'll
find a -- a very strong willingness on the part of the
members of the Juvenile Board to -- if it can be lawfully
done, to surrender the oversight of that facility. Very,
very strong willingness. Not just a willingness; a
preference, as it were.
COMMISSIONER NICHOLSON: I can understand
that. Well, that's reassuring to hear that.
JUDGE TINLEY: I can assure you, that's --
that is the feeling of the Juvenile -- members of the
Juvenile Board.
COMMISSIONER BALDWIN: The way I understand
the law -- or the way they do it in Tom Green County is --
Rex, is that Commissioners Court literally runs the thing,
just like it's a county department, and probably once a year
the Juvenile Board comes in and certifies it, blesses it as
it goes on -- the license goes on to Austin or something
like that. But if that's the case, why -- and I understand
Tom Green County does it that way. If that's the case,
that's what we want, if that's what the law says, is that
the Juvenile Board certifies it.
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MR. EMERSON: All I can do is promise you to
contact the Tom Green County Attorney and then do some legal
research on it.
COMMISSIONER BALDWIN: We're going to be back
at 1:30.
COMMISSIONER WILLIAMS: Yeah, I think you
need to do that. And certification -- what does the
certification mean? Is that the Juvenile Board's oversight
in terms of programs, things of that nature, that are
mandatory by law? And so, you know, I think we just need a
little help here in understanding who's moving forward and
who's on first and so forth.
COMMISSIONER LETZ: Is there -- it gets --
I'm asking the Judge, to his knowledge, is there a reason
this has to be done today?
JUDGE TINLEY: I think the -- the
understanding I had from the financial adviser and the bond
attorney was that they want the process fully completed
before February 15th, which is the next due date on the
bonds, because of some legal requirements that might trigger
or legal implications that that might trigger.
COMMISSIONER LETZ: Well, that being said,
can you -- I mean, I think we're about to break for lunch.
Can you not try to contact Mr. Spurgeon and see if he agrees
with the language that you discussed? And when you're
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talking to him, have him correct the spelling of my name at
the same time?
COMMISSIONER WILLIAMS: Can you do some
research in this next hour or so, Rex, before --
COMMISSIONER LETZ: I don't know that Rex --
I mean, I understand -- we're putting Rex in an unfair
position here. And I think Mr. Spurgeon's been hired to
represent us in this matter, and if Mr. Spurgeon agrees to
the language, I'm comfortable with it. I mean, I don't
think it's really -- one, I think his comment was -- was
serious that he -- statutorily, he isn't authorized to give
us, really, those opinions at this point.
COMMISSIONER WILLIAMS: All I need from Rex
is just his knowledge and understanding of how Tom Green
does it. A conversation with the Tom Green County Attorney
would suffice.
COMMISSIONER LETZ: Right, okay.
COMMISSIONER WILLIAMS: To get that done, and
come back and say you're comfortable with what they do and
it will work in Kerr County.
MR. EMERSON: The only problem I see with
that, Commissioner, is that I can't promise you that I can
call up there and get ahold of Tom Green County Attorney in
the next hour.
COMMISSIONER WILLIAMS: Well, I understand.
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If you can.
MR. EMERSON: One, it's Christmas holidays,
and number two, they're a government entity and he has his
obligations and responsibilities.
COMMISSIONER WILLIAMS: I understand.
COMMISSIONER BALDWIN: I can assure you that
we can get in to the County Judge there, though, and he will
know. He will know how the thing runs. And I can -- I can
get you in to him.
(Low-voice discussion off the record.)
COMMISSIONER BALDWIN: I'd really be
interested in knowing just what you think, not as a County
Attorney or County Attorney-elect, but a man that lives in
Precinct 1 that's a cut above.
COMMISSIONER NICHOLSON: Taxpayer.
MR. EMERSON: Be happy to make the phone
calls.
COMMISSIONER BALDWIN: You're a good man.
COMMISSIONER LETZ: Judge, I'd recommend we
go on to the next agenda item and then break for lunch, and
come back after lunch and see if we have a resolution on
this.
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: Is that the sense of everybody
else?
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COMMISSIONER WILLIAMS: Sure.
COMMISSIONER BALDWIN: So, the spelling of
your name is a deal breaker? Is that --
JUDGE TINLEY: You got it.
COMMISSIONER BALDWIN: I never saw your name
in here anywhere.
COMMISSIONER WILLIAMS: I didn't either.
COMMISSIONER LETZ: It's on the last page,
right on the Certificate for Order.
COMMISSIONER BALDWIN: Oh, yeah, there it is.
JUDGE TINLEY: Okay, we'll return to Item 14.
Let me call Item 15, consider and discuss progress of
employee health insurance enrollment. I provided each
member of the Court with a copy of an updated information on
enrollment that I received from the representative of the
plan administrator, and I think it's self-explanatory.
Commissioner Nicholson?
COMMISSIONER NICHOLSON: Well, Item Number
15?
JUDGE TINLEY: Yeah, mm-hmm.
COMMISSIONER NICHOLSON: I was hoping that
the personnel officer would be here to help us by providing
an update of what the status is of the enrollments. Last
time we talked, there were some 40 or more employees that --
who hadn't enrolled. It's -- my concern is, are there going
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to be people that, on January 1, are not covered by our
health insurance plan? And if they are, do they know that?
COMMISSIONER LETZ: I think they're covered
automatically. They may not have the coverage they want,
'cause they're going to be opted out in default under Plan
A, and then they're going to have to take some action to
change that if they -- and they may not be able to for a
year.
COMMISSIONER WILLIAMS: Or they may not have
covered their dependents.
COMMISSIONER LETZ: I understand it's a
one-time annual election. I'm not sure of that part, but
I'm pretty sure I remember from our last meeting, the Mutual
of Omaha representative said that everyone will be covered
and they would default to Plan A.
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: Yeah, that's in the
communication that I got very, very late last week, and
provided copies. I don't know whether you guys got it
before we started the meeting this morning. And that's the
communication; if there's no information or no plan
designated, we will automatically enroll that employee under
plan option number 1. That was the communication to the
personnel officer.
COMMISSIONER BALDWIN: I --
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COMMISSIONER WILLIAMS: Go ahead.
COMMISSIONER BALDWIN: I share Number 4's
concern about it. I know that they will be automatically
signed up in something, but I'm just -- you know, whether --
whether it's the employee not going to the meeting or the
insurance company not bending far enough to get the
information to -- out to everybody, I don't know, and it
doesn't matter to me, but I really -- I'm concerned that our
employees are -- don't have all the information, regardless
of how it gets there.
COMMISSIONER WILLIAMS: I'm concerned as to
whether the employee -- the dependent coverage for those who
want it, is the window of opportunity closing on them? I
think that's an important question.
JUDGE TINLEY: December 31, it's my
understanding that the enrollment period ends. I don't
think it extends into January.
COMMISSIONER LETZ: What I don't
understand -- and I remember him saying that. I don't
understand. If you get a new employee, that person gets
covered. I mean, it changes daily throughout the year based
on the number of employees we have, so I don't understand
really why you can't change during the year. Now, there may
be some restrictions on the type of coverage and all that,
30-day waiting and all that type of stuff, but -- but,
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anyway, I agree, what you just said is what the Mutual of
Omaha representative said.
COMMISSIONER NICHOLSON: Who's got the
accountability for managing this enrollment process and
following up and seeing to it that everybody has an
opportunity to enroll? Is it Mutual of Omaha, or is it our
personnel officer?
COMMISSIONER LETZ: I think it's Wallace and
Associates.
COMMISSIONER WILLIAMS: Say what?
COMMISSIONER LETZ: Wallace and Associates-
slash-Mutual of Omaha, somewhere in that group, I think
they're responsible.
COMMISSIONER WILLIAMS: Personnel officer
doesn't have any involvement?
COMMISSIONER LETZ: I don't think so, really.
I think they facilitate it.
COMMISSIONER NICHOLSON: I don't have
anything more to offer on it. I'm -- I'm concerned that
we're going to have some -- I don't know if it's one or two
or 40 -- a few unhappy people come January, either
because -- because they didn't have an opportunity in their
mind to exercise their options, or perhaps it was
mishandled. I don't know.
COMMISSIONER BALDWIN: I agree.
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COMMISSIONER NICHOLSON: I wrote a letter to
our personnel officer on December 20th and said I think this
is what I enrolled in. Would you confirm that? And -- and
I haven't gotten a response to that.
COMMISSIONER BALDWIN: You've been holding
your breath all through Christmas?
COMMISSIONER NICHOLSON: I'm not going to be
happy if I'm enrolled in the wrong thing.
COMMISSIONER LETZ: Well, I mean, I think
the -- I don't understand why we can't make some
adjustments. It's our plan, and basically we fund it -- the
lion's share of it, certainly, so I don't know why we can't
make adjustments. But that's a question, really, I think
either Wallace and Associates or Mutual of Omaha needs to
ask -- or answer, rather.
JUDGE TINLEY: We have a roster of -- of the
enrollees, and then also the blanks where employees are not
yet enrolled, and I think we have that as a result of an
inquiry to the personnel officer wanting to know -- I guess
impliedly wanting to know if there was any updated
information other than is shown on these several sheets of
the employees. Obviously, one way to approach this would be
to have the -- have contact made with each of these
employees for whom there is no selection, and they're coded
by department. Have contact made with them so that they are
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given the opportunity to make some selection other than Plan
1, employee only.
COMMISSIONER LETZ: That would be my
recommendation. Is that -- that information is not
proprietary in nature or protected?
COMMISSIONER NICHOLSON: May I see it?
JUDGE TINLEY: Mm-hmm.
COMMISSIONER NICHOLSON: This is something
we're saying Wallace and Associates should do?
COMMISSIONER LETZ: Well, I think that -- I
think, actually, the -- I think the County -- I think we can
ask -- send this out to the supervisors, and the supervisors
can tell their employees to contact Wallace and Associates
and make an election. And I think that would be -- as long
as we can distribute that list. I mean, I don't know if
there's any information on there that would prohibit us from
distributing from HIPPA and all the other federal rules we
have to follow.
JUDGE TINLEY: There's no health finances
information on there. That's merely plan selection
information.
(Discussion off the record.)
JUDGE TINLEY: I don't think there would be a
problem with that, but --
COMMISSIONER WILLIAMS: We've got some people
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who really should know what this is all about that haven't
done this. Yeah, that's where my eyes were.
COMMISSIONER LETZ: My recommendation would
be that the County Judge send out that list to all
department heads and elected officials and, you know, ask
them to get this to their employees, or have their employees
contact Wallace and Associates A.S.A.P. I mean, that's all
we can do, I think, you know. And, you know 1--
JUDGE TINLEY: Do you want to be the
administrative assistant this week that assists me?
(Discussion off the record.)
COMMISSIONER LETZ: Me said yes.
COMMISSIONER BALDWIN: They're asking you a
question.
COMMISSIONER LETZ: You just agreed --
COMMISSIONER WILLIAMS: What?
COMMISSIONER LETZ: -- to do it.
COMMISSIONER WILLIAMS: To do what?
JUDGE TINLEY: I bet I can secure the
assistance from someone in the Clerk's office to send that
to all departments.
COMMISSIONER WILLIAMS: To do what?
COMMISSIONER LETZ: To serve as
administrative assistant while ours is on vacation.
COMMISSIONER WILLIAMS: Oh. The answer is
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no. (Laughter.)
JUDGE TINLEY: I don't think we need any more
formal action than that, do we?
COMMISSIONER LETZ: I don't believe so.
COMMISSIONER WILLIAMS: County Judge can do
it.
JUDGE TINLEY: Long as it doesn't involve the
practice of law, right?
COMMISSIONER LETZ: Right.
JUDGE TINLEY: Okay. All right.
Mr. Auditor?
COMMISSIONER NICHOLSON: Would you fix my
computer while you're at it?
JUDGE TINLEY: I can handle that.
MR. TOMLINSON: It's 10 after 11:00. Is
there time to do the bills?
JUDGE TINLEY: Yeah, we're fixing to do them
in just a minute.
MR. TOMLINSON: Okay.
JUDGE TINLEY: Fixing to do them in just a
minute.
MR. EMERSON: May I ask what time y'all are
going to resume after lunch?
JUDGE TINLEY: 1:30. Okay, let's -- let's go
to the approval agenda. First let me inquire, is there
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anything to be done in executive session? I didn't think
there was. We'll go to the approval agenda, payment of the
bills.
COMMISSIONER NICHOLSON: Move to pay the
bills.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
payment of the bills. Any questions? Comments? I think I
had a couple. Mr. Sheriff, on Page 7 of the bills,
reimbursement, Care expense, Sid Peterson Hospital, over
$ 6, 000 .
SHERIFF HIERHOLZER: Yes, that's out of grant
money.
JUDGE TINLEY: Pardon?
SHERIFF HIERHOLZER: It's that grant we had
from Peterson Foundation for the last couple of years.
JUDGE TINLEY: Okay. That's on the -- on the
rape intervention?
SHERIFF HIERHOLZER: The SANE -- used to be
called the SANE program; now it' called the Care program.
JUDGE TINLEY: Okay.
SHERIFF HIERHOLZER: That we got back going
on a grant. This is the last funding out of that. Now
they're on their own.
JUDGE TINLEY: Okay, go to Page 16. The Bank
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of New York as trustee, admin fee, Juvenile Detention. I'm
not sure we ought to be paying that $1,000.
COMMISSIONER BALDWIN: No, sir. Thank you
for finding that, Judge.
JUDGE TINLEY: Unless there's a requirement
that we do so to avoid a worse fate because of default for
failure to pay it.
COMMISSIONER BALDWIN: That wouldn't shock me
at all either. Just as confusing as it could possibly get.
JUDGE TINLEY: Well, as I indicated a while
ago, the -- the timeline for the issuance of the C.O.'s,
I -- there seems to be a concerted effort to have that
completed by -- before February 15th to avoid the triggering
of a default under the various legal documents, and if this
would have the same effect if we don't do it and cause more
exposure than the $1,000 admin fee, I --
COMMISSIONER WILLIAMS: Have we paid it in
the past?
JUDGE TINLEY: Oh, yeah. Yeah.
MR. TOMLINSON: Well, this --
JUDGE TINLEY: Paid it one time, didn't we?
MR. TOMLINSON: We paid it one time. But
it's an admin fee for -- for the current year, is what it
is.
JUDGE TINLEY: But the fee is for -- for
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paying them to act as the disbursing agent for the bond
payments.
COMMISSIONER BALDWIN: And has there been a
bond payment? The next one is February 1?
JUDGE TINLEY: 15.
COMMISSIONER BALDWIN: February 15. And when
was the one prior to that?
JUDGE TINLEY: August 15, it was made.
COMMISSIONER BALDWIN: And --
MR. TOMLINSON: And there was one prior to
that in February.
COMMISSIONER BALDWIN: And this is probably a
fee for that August 15 --
MR. TOMLINSON: Well, no. I think -- I think
it says it's from 11-1-04 to 10-31-05, so it's for the
coming year.
COMMISSIONER BALDWIN:
fee on a payment that we haven't even
JUDGE TINLEY: And are
COMMISSIONER BALDWIN:
function that way at my house.
COMMISSIONER WILLIAMS:
due date was 11-17. We didn't get it
there can't be any great sense of urg
Bank of New York.
So we're paying them a
made yet?
not going to make.
I mean, I don't
Well, it was -- the
until December 13, so
ency on the part of the
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MR. TOMLINSON: However --
JUDGE TINLEY: My suggestion would be that we
not pay that unless and until we're given instructions by
our attorney in connection with this bonding matter.
COMMISSIONER BALDWIN: I agree with you,
Judge.
MR. TOMLINSON: That's the
on the funding requirement report, 'cause
didn't know what kind of circumstances --
if we did or didn't pay it. So --
COMMISSIONER BALDWIN: Wel
Judge. That's two of us, that -- to pull
JUDGE TINLEY: You're "not
COMMISSIONER BALDWIN: I'm
however.
reason it's on --
I didn't -- I
what would happen
1, I agree with the
it.
a lawyer, but..."?
not a lawyer,
COMMISSIONER BALDWIN: I'd really like to see
us pull that bill out of there before we approve the payment
of the bills. Bill, will you agree with that so we can move
on?
COMMISSIONER WILLIAMS: Absolutely, I agree
with that.
COMMISSIONER BALDWIN: Thank you.
JUDGE TINLEY: With the exception of that one
obligation to Bank of New York for $1,000 -- did we already
have a motion?
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COMMISSIONER NICHOLSON: Yeah, I made a
motion and revision to exclude the payment of $1,000 to the
Bank of New York.
JUDGE TINLEY: Who made the second?
MS. PIEPER: Commissioner Baldwin.
JUDGE TINLEY: Commissioner Baldwin?
COMMISSIONER BALDWIN: And I agree with you
on it.
JUDGE TINLEY: All right. 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: That motion does carry. Thank
you. Budget Amendment Request Number 1.
MR. TOMLINSON: Okay. Number 1 is for the
Sheriff's Department. We're requesting a transfer of $1,020
from Deputies' Salaries to Vehicle Insurance, and this is
for the four 2005 Crown Victorias that we just purchased.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 1. Any question
or discussion?
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COMMISSIONER BALDWIN: Purchased and
delivered?
SHERIFF HIERHOLZER: It's just an additional
amount; the insurance went up adding those four new cars on
the policy, is evidently what I'm --
COMMISSIONER BALDWTN: Do you have your cars
already?
SHERIFF HIERHOLZER: The cars are there and
went on the road two days ago.
COMMISSIONER WTLLIAMS: That poses one other
question. Are any other -- any vehicles coming off from the
Sheriff's Department?
SHERIFF HIERHOLZER: Yes, there will be.
We're finishing shuffling on down. We'll notify them there
will be four coming off. But I guess because of the new
cars going on --
COMMISSIONER BALDWIN: Commissioners get
them.
(Discussion off the record.)
SHERIFF HIERHOLZER: We will no longer have
any yellow cars in the Sheriff's Department.
COMMISSIONER WILLIAMS: Isn't that nice?
COMMTSSIONER BALDWIN: Hallelujah.
MR. TOMLINSON: It won't change -- I mean,
they will still stay on the insurance, though. I mean,
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unless we trade them off or sell them or something.
COMMISSIONER LETZ: Right.
JUDGE TINLEY: Any further questions?
Comments? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
Budget Amendment Request Number 2.
MR. TOMLINSON: Okay. This amendment is
actually between the Sheriff's Department and the jail.
We're asking to transfer $7,722.48 from Capital Outlay in
the Sheriff's office to Lease Payments line item in the jail
for -- for the same amount, and it's for the -- the lease
payment for 2005 for the Work Program vehicle.
SHERIFF HIERHOLZER: If I can explain that
real quick, when we budgeted for the new cars and the second
payment on the truck that we purchased last year, we put all
that into the Capital Outlay. It was planned in there;
that's what it's for. But since that's the lease payment --
second payment on that truck, Tommy actually has another
line item that it comes out of, so he's transferring it out
of that Capital Outlay to that line item where it should
come out of.
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COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
SHERIFF HIERHOLZER: It was budgeted.
JUDGE TINLEY: Motion made and seconded. 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: That motion does carry.
Budget Amendment Request Number 3.
MR. TOMLINSON: Okay. Number 3 is for
Constable, Precinct 4. This amendment is to pay for his
bond -- elected official's bond. We're trans -- asking to
transfer $128 from Vehicle Insurance to Bonds.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded. 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: That motion does carry.
Budget Amendment Request Number 4.
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MR. TOMLINSON: Number 4 is for the Sheriff's
Department. This amendment is to renew a crime policy for
the Sheriff's Office. We're asking to transfer $433 from
Deputies' Salaries to Liability Insurance. And with this
I'm asking for a hand check for $433 to First Insurance
Agency.
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 4 and
authorization of hand check in the amount of $433 to First
Insurance Agency. 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 does carry. Budget
Amendment Request Number 5.
MR. TOMLINSON: 5 is for -- also for bond
payment for two elected officials for Commissioners Court.
Asking for a transfer of a dollar from Office Supplies to
Bonds.
COMMISSIONER WILLIAMS: You could get 50
cents from each of them.
COMMISSIONER LETZ: So moved.
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COMMISSIONER BALDWIN: Second. God, that's
embarrassing.
JUDGE TINLEY: What's the motion? To get 50
cents from each of them?
COMMISSIONER BALDWIN: No.
JUDGE TINLEY: Oh.
COMMISSIONER BALDWIN: You could probably do
that with me, but --
COMMISSIONER NICHOLSON: Big business.
JUDGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 5. 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: That motion does carry.
Budget Amendment Request Number 6.
MR. TOMLINSON: Number 6 is for the County
Attorney's office. It's also payment of a surety bond
for -- and two new notary -- I mean, it's for two new notary
bonds for $170. Request is to transfer $170 from Secretary
Salaries to Bonds.
COMMISSIONER NICHOLSON: Move to approve.
COMMISSIONER BALDWIN: Second.
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JUDGE TINLEY: Motion made and seconded. Any
question or discussion?
COMMISSIONER BALDWIN: I just want to make
the point the County Attorney's costing us $170.
Commissioner Letz and I are costing $l.
COMMISSIONER LETZ: That's right.
COMMISSIONER WILLIAMS: Hell of a difference
there.
COMMISSIONER NICHOLSON: Sounds about right.
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: That motion does carry.
MR. TOMLINSON: Judge, I have a -- I need a
clarification on Number 12. We talked about the quarterly
statement. Do you want those quarters to stand on their
own, or do you want them cumulative?
JUDGE TINLEY: Cumulative, with a year-end
statement also, I think, probably.
COMMISSIONER WILLIAMS: Yeah.
JUDGE TINLEY: At the end of each fiscal
year.
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MR. TOMLINSON: Okay. That -- I just wanted
to make sure I did the right thing.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: Thank you.
JUDGE TINLEY: It'll show individually for
that quarter, as well as cumulative through that point in
the year. And then at the end of the year, there will be an
annual statement.
MR. TOMLINSON: Very good. So, it will be --
you want a cumulative column and an individual column.
COMMISSIONER LETZ: Right.
JUDGE TINLEY: Mm-hmm. Do we have any late
bills?
MR. TOMLINSON: No.
JUDGE TINLEY: Okay. Don't have any --
MS. PIEPER: Monthly reports.
JUDGE TINLEY: -- transcripts. I do have
monthly reports for Justice of the Peace, Precinct Number 1,
Road and Bridge, and the Kerr County Crime Victims
Coordinator. Do I hear a motion to approve those reports as
rendered?
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded
for -- to approve the listed reports as submitted. Any
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question or comment? 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: That motion does carry. Do we
have any reports from any of the Commissioners in their
capacity as liaison with respect to City/County operations
or otherwise?
COMMISSIONER LETZ: I -- well, I have one
related to airport matters. We met out at the airport and
reaffirmed the location of the terminal, the location that
was previously, I guess, decided upon, after a lot of
discussion. And that -- issues related to that and to how
that process worked probably will also be added to our
agenda for our workshop, which will be held January 18th,
and included under that item will be exactly how the current
F.B.O. and the terminal and that relationship will work.
And it's -- you know, and I think some of the issues that
came up were just a matter of the new board taking control
and learning how to work with certain members of staff. I
should probably say certain members of staff learning how to
work with the new board.
COMMISSIONER WILLIAMS: I think that's
probably it. Staff learning to understand that they have a
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new board that sets -- doesn't just give advice, but it sets
policy and direction.
COMMISSIONER NICHOLSON: Sounds good to me.
COMMISSIONER WILLIAMS: That's a major
paradigm shift for some. Like that word?
COMMISSIONER BALDWIN: It -- that works.
That works there, too. The meaning applies.
COMMISSIONER WILLIAMS: Really does.
COMMISSIONER LETZ: And we're continuing to
move forward at the airport.
COMMISSIONER WILLIAMS: I didn't oppose the
selection of the site that was currently -- that we
ultimately close. In fact, I voted along with Commissioner
Letz to approve it after looking at the other site. But I
think time may show -- "time" being 10 years from now, or 12
or 15 years, might show that the growth of the airport,
which we're all striving for to achieve, might show that we
crowded ourselves in a little more than we thought in terms
of future expansion. But we'll have to wait to find that
out.
COMMISSIONER LETZ: I think, in that view --
I didn't go into great depth at the meeting, but I think
that some of the -- we could have done better planning at
the airport with some renegotiations of the lease with
Kerrville Aviation and some other things, because basically
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what we did, we ended up with a tract where we put the
terminal -- are going to put the new terminal that was a
tract that basically was a useless tract to anybody else,
other than possibly City/County or Kerrville Aviation,
because it's right -- sandwiched in between all their
buildings. But moving down to a more open location would be
putting it in the middle of probably the most marketable
piece of property on the airport. So, it's kind of -- we're
in a situation -- based on where we are at this point, it's
the best location, but I think some better planning could
have been done, you know, in years previously. But it's all
done now.
COMMISSIONER WILLIAMS: All done.
COMMISSIONER LETZ: And I saw him writing
over there too, Buster.
COMMISSIONER WILLIAMS: Uh-oh.
COMMISSIONER BALDWIN: Need to see if we can
get our attorney in here. I can see that happening.
COMMISSIONER WILLIAMS: He's still on the
first page, though.
JUDGE TINLEY: Yes, sir, what do you got?
MR. TOMLINSON: Well, after I got into my
office, I realized that -- that this -- this $1,000 is for
our contractual obligation, and not the Juvenile Facility's
bond.
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COMMISSIONER WILLIAMS: What is our
contractual obligation, other than those bonds?
MR. TOMLINSON: The -- the Sheriff's radio
equipment is our contractual obligation.
COMMISSIONER WILLIAMS: Is that also with
Bank of New York?
MR. TOMLINSON: Yes, it is. This is the
invoice. It says
JUDGE TINLEY: That's actually what that is
for, is on the jail bond?
MR. TOMLINSON: It says Kerr County public
property finance contractual obligation, Series 2001.
COMMISSIONER WILLIAMS: That's what that is?
MR. TOMLINSON: Yeah.
COMMISSIONER WILLIAMS: I move approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the payment to Bank of New York for $1,000 that
was excluded from the bills paid -- approval given
previously. Any question or discussion?
COMMISSIONER LETZ: Hand check?
JUDGE TINLEY: Need a hand check?
MR. TOMLINSON: No, it's in the -- it's --
the check's already done. But we do have a bill for -- for
the obligation -- for the lease obligation bond that -- I
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think that's -- I sent that to your office.
JUDGE TINLEY: Mm-hmm. And I wrote on it and
sent it somewhere. Back to you, I presume.
MR. TOMLINSON: I remember now that there --
there are two, and they're the same amount, and they're both
to Bank of New York.
JUDGE TINLEY: I think the other one's 2,000,
if I'm not mistaken.
MR. TOMLINSON: Maybe it is.
JUDGE TINLEY: As to the motion presently on
the table, 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.)
COMMISSIONER BALDWIN: The one we don't owe
is 2,000; the one we do owe is 1,000?
JUDGE TINLEY: I'm speaking from
recollection, Commissioner. Any other -- any other reports
from any of the Commissioners?
COMMISSIONER BALDWIN: Judge, when we --
whenever we do get around to doing this -- this bond issue,
I think that it -- I think that we need another update,
and -- if there is such a thing, on what this is going to do
to the credit rating of Kerr County. I know that no one
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knows for sure what's going -- how it's going to work, but I
would think that Mr. Henderson would have -- he's not an
attorney, but he may have some thoughts on that. And I
think that that -- to me, that is the biggest concern of
all.
COMMISSIONER LETZ: Commissioner, I mean, we
could ask the rating agencies to rate these new bonds we're
doing, and we'll find out.
COMMISSIONER WILLIAMS: They have to.
JUDGE TINLEY: Yeah, they will.
COMMISSIONER BALDWIN: Is that how we're
going to know what our rating's going to be?
JUDGE TINLEY: Mm-hmm.
COMMISSIONER WILLIAMS: More than likely.
Does that help? That's what determines setting the rate.
COMMISSIONER BALDWIN: Okay. I'm dreaming of
hamburgers.
JUDGE TINLEY: Okay. Any reports from
elected officials? Department heads? Any other reports to
be rendered to the Court? Hearing none, we'll stand in
recess until 1:30, at which time the open issue on the order
authorizing publication of Notice of Intent to issue C.O.'s
will be -- will be resumed.
(Recess taken from 11:31 a.m. to 1:30 p.m.)
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JUDGE TINLEY: Okay, let me call back to
order the meeting of the Commissioners Court scheduled for
this time and date, Tuesday, December 28, 2004, at 9 a.m.
We were in recess sometime after 11:30 this morning to
reconvene again at 1:30. It's that time now. The item on
the agenda -- remaining resolution is Item 14, consider and
discuss adoption of order authorizing publication of Notice
of Intention to issue Certificates of Obligation. I was
successful in talking with the bond attorney, Mr. Tom
Spurgeon, and, number one, he apologized for the erroneous
spelling of Commissioner Letz' first name. Secondly, he had
an initial concern about whether or not, since it was going
to result in the incurring of a taxing incident, that it had
to be at a, quote, regular meeting. He did some further
research and responded that it had to be at a regularly
scheduled meeting, meaning a meeting at which -- at a time
at which the Court regularly meets. And, of course, the
second and fourth Monday qualifies those dates, so -- so he
indicated that, in his opinion, that would be satisfactory.
Also, I asked him about the language on Page
2 with reference to operation, and mentioned the possibility
of changing the language to, "The Juvenile Facility will be
owned by the County and will be operated in accordance with
the requirements of state law." He said that was
satisfactory, so those changes have been made. Now, with
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regard to the actual notice to be issued, that has been
changed to provide that January 24th, which is a regularly
scheduled meeting of the Commissioners Court -- the place,
of course, will have to change to -- I had some language --
I believe I specified it at the Union Church located on the
Schreiner University campus at the intersection of Travis
and Broadway in Kerrville, Texas, is my language for the
location. If some of you have something different, why,
throw it out here. But that change was not made on the
actual notice -- the actual -- the location, but that would
have to be made.
COMMISSIONER WILLIAMS: Question.
JUDGE TINLEY: Yes, sir?
COMMISSIONER WILLIAMS: This may be a
question that -- I don't know whether I'm maybe putting the
cart in front of the horse, but let me ask anyway. His
covering memorandum, in Paragraph 2, he says he's received
the order that provides that C.O.'s will be issued in an
amount not to exceed 2 million, which should be sufficient
to provide -- sufficient to provide 1.9 million to the
corporation to purchase the Juvenile Facility and to pay
costs of the issuance. Now, my question is, are we issuing
these bonds for the -- for $1.9 million for the purpose of
passing that money, even if only technically, to the
Facilities Corporation to purchase this facility? Or is the
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Facilities Corporation going to disband and Kerr County's
going to purchase it directly?
JUDGE TINLEY: The simple answer to that,
Commissioner, is I don't know, but the result's going to be
the same. If it happens, it's merely going to be a
pass-through, because title is going to have to be derived
from the Facilities Corporation, because the Facilities
Corporation owns record title of the property. So, I
suspect that what's going to happen is that the funds will
be handed to the -- to the Facilities Corp., who will in
turn use those funds to effect the -- the compromise with
the bondholders, since the actual issue of the bonds was the
Facilities Corp., and they're the ones that have the
obligation to the bondholders.
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: But then, of course, there'll
be releases issued by bondholders to everybody on the --
what I call the Kerr County side of the fence.
COMMISSIONER WILLIAMS: And then, subsequent
to that, then, Facilities Corporation turns over complete
title to the facility to Kerr County.
JUDGE TINLEY: Yes. Yeah, title will be
transferred into Kerr County.
COMMISSIONER WILLIAMS: Just wanted to be
sure.
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JUDGE TINLEY: Yeah. Just want to make sure
who's getting the ducks and where they're lined up.
COMMISSIONER NICHOLSON: Yeah, the first
"whereas" on the second page of the order spells out that
we're purchasing the Juvenile Facility from the corporation.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER WILLIAMS: Whereabouts,
Commissioner?
COMMISSIONER NICHOLSON: First "whereas" on
Page 2. First sentence.
COMMISSIONER WILLIAMS: Mm-hmm, I see it.
COMMISSIONER NICHOLSON: From the
corporation.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER BALDWIN: Judge, I'm wondering
if there may be any comment from Rex.
COMMISSIONER WILLIAMS: Yeah, me too.
MR. EMERSON: I can -- basically, I can tell
you I made the phone calls pursuant to Commissioners Court
request. The Tom Green County Attorney, Chris Taylor, said
he had no knowledge of any agreement at all as far as
operations between the County and the facility. He referred
me to Mark Williams, who is the director of the facility,
who was unavailable, who then I was then passed through to
his executive assistant, who didn't want to comment without
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talking to Mark Williams, who then referred me to the County
Judge, who was not in the office. So, that was the essence
of the telephone calls. And I left messages at all parties
concerned, but --
COMMISSIONER BALDWIN: Bet that was fun.
MR. EMERSON: Not very productive.
COMMISSIONER WILLIAMS: Okay. Thank you for
trying, Rex.
MR. EMERSON: Sure.
COMMISSIONER WILLIAMS: Well, Ms. Harris has
represented to us that that's the way it works, so --
COMMISSIONER LETZ: Well, we're covered. I
mean, we'll work out, based on the language, some --
whatever way to do something is according to law.
COMMISSIONER NICHOLSON: It sounded like it's
both ours and the Juvenile Board's intent that
responsibility for that be transferred, so there has to be a
way to do it.
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER LETZ: Judge, are you making
more -- or not more, but making all the necessary changes so
we can make a motion?
JUDGE TINLEY: Yeah, I'm -- I'm interlining
the location aspect of it.
COMMISSIONER NICHOLSON: Irene, who are you
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working for today?
MS. VAN WINKLE: The Current.
COMMISSIONER WILLIAMS: Who?
MS. VAN WINKLE: West Kerr Current. I've
been covering your meetings for them.
(Discussion off the record.)
COMMISSIONER LETZ: All right. I'll make a
motion we -- to approve the order authorizing publication of
notice of intention to issue Certificates of Obligation.
JUDGE TINLEY: And publishing --
COMMISSIONER LETZ: And Notice of Intention
to issue Certificates of Obligation.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded to
approve the agenda item and issue Notice of Intention.
COMMISSIONER LETZ: I might -- Judge, if I
could make --
JUDGE TINLEY: Sure.
COMMISSIONER LETZ: -- note of the changes
that have been made from the copy that was presented to us,
on the second page, third "whereas," it will now read,
"Whereas, following such acquisition, the Juvenile Facility
will be owned by the County and will be operated in
accordance with the requirements of state law."
Additionally, under the Notice of Intention -- Notice of
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Intention to Issue Certificates of Obligation, the last
sentence shall be changed to read, "The Commissioners Court
proposes to authorize the issuance of such Certificates of
Obligation at 11 a.m. on Monday, January 24th, 2005, which
is regularly scheduled -- which is a regularly scheduled
meeting of the Commissioners Court, at the Union Church
Building located at the Schreiner University campus at the
intersection of Travis and Broadway, Kerrville, Texas." And
then, finally, under the Certificate for Order, the
correction of my name has been made as well -- spelling of
my name.
JUDGE TINLEY: Any further question or
discussion? All in favor of the motion, signify by raising
your right hand.
(Commissioners Williams, Letz, and Nicholson
voted in favor of the motion.)
JUDGE TINLEY: All opposed, same sign.
COMMISSIONER BALDWIN: Nay.
(Commissioner Baldwin voted against the
motion.)
JUDGE TINLEY: Motion carries. Any further
business that we didn't get attended to this morning,
gentlemen? Hearing none, we'll stand adjourned.
(Commissioners Court adjourned at 1:42 p.m.)
12-28-04
116
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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 3rd day of January,
2005.
JANNETT PIEPER, Kerr County Clerk
Kathy B ik, Deputy County Clerk
Certified Shorthand Reporter
12-28-04
ORDER No. 28950
FINAL PLAT OF BIG SKY RANCH.
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Williams seconded by Commissioner Letz. The Court unanimously
approved by vote of 4-0-0 to finalize the plat of Big Sky Ranch, with the Judge to sign
the same when we receive the letter of credit from bank.
ORDER N0.28951
REPLACING GRADALL DAMAGED IN ACCIDENT.
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Baldwin seconded by Commissioner Williams. The Court unanimously
approved by a of vote of 4-0-0 to purchase one used Gradall for $16,500.00, transferring
the money from Capitol Outlay.
ORDER N0.28952
FINAL PLAT OF THE HORIZON, SECTION 2.
Came to be heard this the 28th day of December 2004 with the motion made by
Commissioner Baldwin seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 to finalize the plat of Horizon Section 2. The roads will be
privately maintained.
ORDER N0.28953
KERR COUNTY EMERGENCY SERVICE DISTRICT NO 1.
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Letz seconded by Commissioner Nicholson. The Court unanimously
approved by a vote of 4-0-0 to appoint James Damon to the Kerr County Emergency
Service District No. 1, Board of Commissioners. (Ingram)
ORDER N0.28954
KERR COUNTY EMERGENCY SERVICE DISTRICT NO 2.
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Nicholson seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to appoint Wesley Patton and Steven Bauer to the Kerr
County Emergency Service District No. 2, Board of Commissioners. (Mountain Home)
ORDER N0.28955
CONVEYANCE OF LAND WHICH IS A PART OF RED BIRD LOOP.
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Williams seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to accept the Deed on 0.15 acre Basilio Mungin Survey No.
37, Abstract 249 which is a part of Red Bird Loop Road, in a Warranty Deed from
Northpoint Investors LTD, owners of record.
ORDER N0.28956
RESOLUTION
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Nicholson seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 to submit the grant application for the Crime Victims' Right's
Coordinator Program to the Office of the Governor, Criminal Justice Division.
ORDER N0.28957
REVISION OF PLAT OF HARTSHORN COUNTRY.
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Baldwin seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 the revision of part of lots 4 & 5 and all lots 6 & 7 Hartshorn
Country, Plat Volume 1, Page 68. And granting a 50' abandonment of unimproved
county easement on lots 1 & 2 of preliminary plat of Cowart Addition.
ORDER N0.28958
EXPANSION OF MEMORY ON MAINFRAME OF IMAGING.
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Baldwin seconded by Commissioner Nicholson. The Court unanimously
approved by a vote of 4-0-0 to purchase a DataNAS XP filler to enhance the imaging
capabilities the funds coming from:
$5,000.00----Capital Outlay, nondepartmental
$7,800.00----Contingency, nondepartmental
$1,260.00----Mainframe Maintenance, nondepartmental
$1,633.00----Sheriffs Department Equipment Account
$15,693.00----Total
ORDER N0.28959
KERR COUNTY JUVENILE DETENTION CENTER.
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Letz seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 to request the auditors to provide quarterly financials of the
same details received from all other county departments for 2002, 2003 and 2004.
ORDER N0.28960
RESOLUTION
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Williams seconded by Commissioner Baldwin. The Court unanimously
approved by a vote of 4-0-0 to adopt a resolution opposing certain diversion of funds
from established programs by ORCA and find other entities for funding.
ORDER N0.28961
CLAIMS AND ACCOUNTS
Came to be heard this the 28th day of December 2004, came to be considered by the
Court various Commissioners Precincts, which said Claims and Accounts are:
Expenses	Amounts
10-General	$ 101,572.46
14-Fire Protection	9,154.50
15-Road & Bridge	94,658.05
18-County Law Library	551.15
26-JP Technology	577.14
59-General Contractual Obligation	1,000.00
76-Juvenile Detention Facility	7,248.75
80-Historical Commission	5.25
Total Cash Required 214,767.30
Upon motion made by Commissioner Williams seconded by Commissioner Letz. The
Court unanimously approved by a vote of 3-0-0 to pay said Claims and Accounts.
With the exception of Contractual Obligation Bond to New York Bank in the amount of
$1,000.00 on page 16.
ORDER N0.28962
BUDGET AMENDMENT
SHERIFF'S DEPARTMENT
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Williams seconded by Commissioner Nicholson. The Court unanimously
approved by a vote of 4-0-0 to transfer the following funds.
Expense Code Description Requested +Q
10-560-480 Vehicle Insurance $ 1,020.00
10-560-104 Deputies Salaries (1,020.00)
ORDER N0.28963
BUDGET AMENDMENT
SHERIFF'S DEPARTMENT
COUNTY JAIL
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Williams seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to transfer the following funds.
Expense Code
10-580-570
10-512-452
Description
Capital Outlay
Lease Payment
Requested +()
$7,722.48
7,722.48
ORDER N0.28964
BUDGET AMENDMENT
CONSTABLE PCT. # 4
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Baldwin seconded by Commissioner Nicholson. The Court unanimously
approved by a vote of 4-0-0 to transfer the following funds.
Expense Code Description Requested +()
10-554-206 Bonds $128.00
10-554-480 Vehicle Insurance (128.00 )
ORDER N0.28965
BUDGET AMENDMENT
SHERIFF'S DEPARTMENT
Came to be heard	this the 28th	day of December 2004	with	a motion made by
Commissioner Letz	seconded by	Commissioner Williams.	The	Court unanimously
approved by a vote of 4-0-0 to transfer the following funds.
Expense Code Description Requested +()
10-5560-207 Insurance -Liability $433.00
10560-104 Deputies Salary (433.00)
ORDER N0.28966
BUDGET AMENDMENT
COMMISSIONERS COURT
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Letz seconded by Commissioner Baldwin. The Court unanimously
approved by a vote of 4-0-0 to transfer the following funds.
Expense Code Description Requested +()
10-401-206 Bonds $1.00
10-401-310 Office Supplies (1.00)
ORDER N0.28967
BUDGET AMENDMENT
COUNTY ATTORNEY
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Nicholson seconded by Commissioner Baldwin. The Court unanimously
approved by a vote of 4-0-0 to transfer the following funds.
Expense Description
10-475-206 Bonds
10-475-105
Secretary Salaries
Requested
$170.00
(170.00)
ORDER N0.28968
APPROVE AND EXCEPT MONTHLY REPORTS
Came to be heard this the 28th of December 2004 with a motion made by Commissioner
Baldwin seconded by Commissioner Nicholson. The Court unanimously approved by a
vote of 4-0-0 the following Monthly Reports.
JP # 1
Road & Bridge
Kerr County Crime Victims'
ORDER NO. 28969
BOND TO NEW YORK BANK
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Williams seconded by Commissioner Letz. The Court unanimously
approved a vote of 4-0-0 to pay the Contractual Obligation Bond to New York bank in
the amount of $1,000.00.
ORDER N0.28970
NOTICE OF INTENTION TO ISSUE CERTIFICATES
OF OBLIGATION
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Letz seconded by Commissioner Williams. The Court approved by a vote
of 3-1-0 the adoption of Order Authorizing Publication of Notice of intention to Issue
Certificates of Obligation.
ORDER N0.28963
BUDGET AMENDMENT
SHERIFF'S DEPARTMENT
COUNTY JAIL
Came to be heard this the 28th day of December 2004 with a motion made by
Commissioner Williams seconded by Commissioner Letz
approved by a vote of 4-0-0 to transfer the following funds.
Expense Code
Description
The Court unanimously
Requested +()
10-580-570 Capital Outlay $7,722.48
10-512-462 Lease Payment 7,722.48
l1E C-1i-Ln9i 11:06 aM I:EOR fi~liNl~ SHERIFF P.'i? ~_f 7S0e F. Al
CWRT ORDER M `~"~ ~ -
r 2
11~IiNO4-
BUDGETAMENDMEN7 REOUEBTFORM
DEPARTMENT NAME. 3MAR~ D~GNn~M
Counlr JM! -

CURRENT CURRENT
EXPENSE GDDE LINE ITEM CEOCRIPTION BUODET EXPENSE	UNEXPENDED
BUDQET
WLANCE		REQUESTED
A4ENDMENT
INCREASE! DECREASE
10~5E0•S70	C IOutl	DOO.OD	30.00	30010.00	•	~S772Z,~4
10.512!03	LNN P menu	30 OC	T 722.10	30.		T,T22.~3
						
						
						
						
						
						
						
						
'•Sd»auN~l IMM pEymr+t on 2005 fortl work pNprwn vMbN.
L Gb~PA MENT HEADS NA
COURT ORDER t
• 2
(12128!04)
BUDGET AMENDMENT REQUEST FORM
DEPARTMENT NAME: SheriRa DeertrneM
County JeN


EXPENSE CODE	
CURRENT CURRENT
LINE ITEM DESCRIPTION BUDGET EXPENSE	UNEXPENDED
BUDGET
BALANCE		REt]UESTED
AMENDMENT
INCREAS CREASE
10.560-570		:44,000.00	$0.00	$8018.89		$7,722.48
10.512~i62	Lease Pa ants	$0.00	$7,722.48	$0.00		$7 722.48
						
						
						
						
						
						
						
						
"-Scheduled lease payment on 2005 Ford work program vehicle.
ELECTED OFFICIAUDEPARTMENT HEAD SIGNATURE
12114/04
DATE
This order correct the one that is scanned in with
the transcript.