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KERR COUNTY COMMISSIONERS COURT
Special Session
Monday, June 27, 2005
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: PAT TIPdLEY, Kerr County Judge
H.A."BUSTER" BALDWIN, Commissioner Pct. 1
JONATHAN LETZ, Commissioner Pct. 3
DAVE NICHOLSON, Commissioner Pct. 4
ABSENT: WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
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I N D E X
June 27, 2005
PAGE
---	Visitor's Input	3
---	Commissioners' Comments	6
1.1	Approve contracts for county telephone system ~~gz~~'!	
	audit and computer network engineering services	10
1.2	Report on video teleconferencing, consider/discuss	
	proposals for video teleconferencing & funding via	
	grant	20
1.4	Consider/discuss amendment to the Administrative
9~y~	
	~l
Services Agreement between United of Omaha Life	
	Insurance Company and Kerr County	39
1.5	Consider and clarify worker's comp policy	
1.3	Request approval for COSTCO to set up annually for ~9z/9
	1 day in the lower level of the courthouse	44
1.6	Consider road name changes for privately maintained	
	roads in accordance with 9-1-1 guidelines 2 ~zz~'	47
1.7	Consider authorizing Sheriff's Office to prepare	
	RFP to be sent to architects for study on addition	
	to existing county jail	47
1.8	Seek authority of Commissioners Court to pursue	
	L~z z~	
	litigation to resolve construction deficiencies	
	related to KCJF new building	50
1.9	Consider/discuss and approval of amendment to the ZJzu
	contract between Office of the Attorney General and	
	Kerr County	55
1.10	Consider dire~~ting Environmental Health Department	
	Manager/Floodplain Administrator to deny permits L9LL-3
	when there is a violation of Subdivision Rules	57
1.11	Consider/discuss contract for rabies and animal z9LZ``	
	control between County and City of Kerrville	65
1.12	Consider/discuss Butt Holdsworth Memorial Library	
	Contract between County and City of Kerrville zYzzS	78
1.13	Consider and discuss approval of resolution	
	favoring/opposing speed limit increase	97
4. 1 Pa Bills ZYZZ/o 105
4.2 Budget Amendments z`7zz'7- L`)L3`) 109
4.3 Late Bills Z`1Z35' ___
4.4 Approve and Accept Monthly Reports 119
5.1 Reports from Commissioners/Liaison Committee
Assignments 119
--- Adjourned 122
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On Monday, June 27, 2005, at 9:00 a.m., a special meeting
of the Kerr County Commissioners Court was held in the
Commissioners' Courtroom, Kerr County Courthouse, Kerrville,
Texas, and the following proceedings were had in open court:
P R O C E E D I N G S
JUDGE TINLEY: Good morning. Let me call to
order this regularly scheduled meeting of the Kerr County
Commissioners Court scheduled for this date and time,
Monday, June 27, 2005, at 9 a.m. Commissioner 3?
COMMISSIONER LETZ: Please stand and join me
in a moment of prayer, please.
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you. At this time, if
there's any member of the audience or the public who wishes
to come forward and bring to the Court's attention any
matter that is not a listed agenda item, you're privileged
to come forward at this time. Mr. Emerson?
MR. EMERSON: Yes, sir. One item very
quickly. I just wanted to give kudos and heads-up to the
Commissioners Court what a good job Maintenance and the
Information Technology did with our remodel. Construction's
completely through and we almost have everything back in
place, and they persevered through it with a minimum cost to
the taxpayers of the county.
COMMISSIONER BALDWIN: Super.
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JUDGE TINLEY: Thank you. Anyone else
wishing to come forward and speak to us about a matter that
is not listed on the agenda?
MR. TROLINGER: Yes, sir.
DODGE TINLEY: Mr. Trolinger?
MR. TROLINGER: I have a letter here that I
received from the J.P. 2; I believe y'all have a copy of it.
It's regarding Internet usage, and it's real simple. We had
a network -- the history is, we had a network backlog a
couple weeks ago and I had to turn off some services. One
of them was Internet radio. And I just wanted your advice
on that letter, to ask y'all -- to ask the Court if -- if
that policy that states no streaming audio is -- is
prohibited, if I can continue with that service being cut
off.
COMMISSIONER LETZ: It's not on the agenda.
Put on it the agenda.
COMMISSIONER BALDWIN: Yeah. You can't --
MR. TROLINGER: Put on it the agenda?
COMMISSIONER BALDWIN: Next time.
MR. TROLINGER: That's why I was asking your
advice on what to do with that.
JUDGE TINLEY: If I'm not mistaken, we
adopted a use policy here last year, I believe, and that
might be a first place to start to review.
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COMMISSIONER BALDWIN: What's the verbiage?
Stream?
MR. TROLINGER: Streaming audio.
COMMISSIONER BALDWIN: Streaming audio.
MR. TROLINGER: Which means, basically, music
or some type of voice over the Internet. It just uses a
large amount of bandwidth, and --
COMMISSIONER LETZ: I don't -- I mean, I
don't want to answer the question. I'm just going to say
something, 'cause I really don't want to get in a dialogue
on it, but if there's a reason, for the overall workings of
our system, that something needs to be done on a temporary,
emergency basis --
MR. TROLINGER: Yes, sir.
COMMISSIONER LETZ: -- I think that there's
probably authority to do that. But any policy change needs
to be an agenda item.
MR. TROLINGER: I believe it is in the
policy, and -- and thank you for that. So, it affects more
than one department. I just wanted to make it aware to the
Court that that's going on, and you might hear some
grumblings about it, and there's the first written piece of
evidence to that.
COMMISSIONER LETZ: I suggest you put it on
the agenda next time.
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MR. TROLINGER: Yes, sir.
JUDGE TINLEY: Frankly, I don't think we're
going to hear a lot of grumblings about it, if the truth
were known. Anyone else have anything to bring before the
Court that's not in connection with a listed agenda item?
If not, we will move on. Commissioner Letz? What do you
have for us this morning?
COMMISSIONER LETZ: Well, I have to start off
with two sports kudos. Congratulations to the University of
Texas Longhorns for their sixth national championship for
baseball. They did an amazing job. I mean, they're a team
that didn't have any real big stars, and they just played
fantastic baseball and got to the playoffs and went right
through and went undefeated and won. Also, obviously, San
Antonio Spurs. What a great week it was for sports in this
area. I think that's really it; I don't think have I any
other news.
JODGE TINLEY: Commissioner 4?
COMMISSIONER NICHOLSON: It's obviously very
dry in west Kerr County. It's -- conditions are dangerous.
I made a comment to somebody that I can drop a match in my
front lawn and it would burn, so we've got 4th of July
coming up, so we just need to try to get everybody to be
very cautious about -- about fire. And next Saturday,
July 2nd, beginning at 9 o'clock, we'll be having a
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fundraiser for Julie Mogenis. She's the world record holder
hunter and hunting guide that was terribly injured in a
firearm accident while she was guiding someone, and she's a
member -- her and her husband are members of the Hunt
Volunteer Fire Department, so we'll be doing some good
cooking next Saturday afternoon at 4 o'clock. If you -- if
you're all out that way, please join us. That's all I've
got.
COMMISSIONER BALDWIN: How much does it cost?
COMMISSIONER NICHOLSON: We can probably work
a deal for you, Buster.
COMMISSIONER BALDWIN: All right. All right,
deal.
COMMISSIONER NICHOLSON: As an early resident
of west Kerr County.
COMMISSIONER BALDWIN: Thank you.
COMMISSIONER NICHOLSON: I think it's six
bucks. I'm not sure.
COMMISSIONER BALDWIN: Oh, god.
JUDGE TINLEY: But for you and your capacity
to eat good food, it probably ought to be about twice that.
COMMISSIONER BALDWIN: Well, could I bring --
could you bring somebody else and get two tickets for $12?
COMMISSIONER NICHOLSON: Mm-hmm.
COMMISSIONER BALDWIN: That's a good deal.
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All right, I'll go along with that.
JUDGE TINLEY: What do you have for us?
COMMISSIONER BALDWIN: I have another sports
kind of related issue here in Kerrville. We talk about
baseball and basketball and track, football and all that all
the time, but another area is cheerleading. Our Kerrville
Tivy cheerleaders went off to camp at the University of
Texas in Austin, and the freshmen, JV, and varsity all won
first places in that entire camp, and that's a big camp. I
had a kid go to that one time, and it's huge, and hats off
to the cheerleaders in Kerrville. Back to the burn ban
issue, we have an emergency meeting today at 2:30 to put the
burn ban on. Number 4 and I, at least, are going to do
that, and so I wanted to alert everybody about that.
COMMISSIONER LETZ: Why have an emergency
meeting?
COMMISSIONER NICHOLSON: It's expired.
COMMISSIONER LETZ: Oh, the 90-day one has
expired?
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: Oh.
COMMISSIONER BALDWIN: So we need to get that
done. We had a pretty good fire Saturday between Number 4
and I, and it got real close to being very ugly. Last
Saturday night, I went to a function -- Clay and I went to a
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function out at Schreiner University. It was called Back --
Back to the Roots Music, and it was one of the most
interesting things I'd ever been to. And they had hammer --
a hammered dulcimer, mountain dulcimer, fiddles, banjos,
mandolins, guitars, and these guys were very good. They
teach all over the United States, and they were just
absolutely phenomenal. That's one of my passions, and I
enjoyed that very much. And there were probably -- in that
auditorium, there were probably 50, 75 people max, and the
majority of them were students out there going through this
music camp. And so the -- you know, Clay and his family,
his mom and dad and wife, and me and my family, and -- and a
few -- handful of others in the community were there, and it
just kind of blew me away to see -- I mean, you know, if
people don't like that kind of music, that's fine, but I
don't understand that. But, anyway, it was a -- it was put
on by our friend Bob Miller that does the Arts and Crafts
Fair, and it was some -- the Arts and Crafts Education
Committee or something like that -- foundation, maybe. Kind
of a little fundraiser for them, so watch for those kinds of
things. And they will be -- it was the first annual, and it
was just absolutely fantastic. We had really big-time
musicians in Kerrville, and it was -- it was something to
see, so watch for it next year. That's all.
JUDGE TINLEY: Thank you, sir.
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COMMISSIONER LETZ: Judge, if I might make a
comment on the burn ban also, since we're going to have the
meeting late, I don't know when the press is going to be
leaving, but I intend to put the burn ban on in my precinct.
I believe Commissioner Williams, based on his instructions,
is doing the same.
DODGE TINLEY: If my understanding of the
mechanics of the burn ban operation is correct, if the Court
votes to put the burn ban in effect, it applies to the
entire county, and then within the 90-day period, it can be
selectively suspended at the discretion of each
Commissioner.
COMMISSIONER LETZ: Right.
JUDGE TINLEY: So that should be a pretty
good clue to those in attendance here this morning as to
what's going to occur, but that meeting will be at 2:30 this
afternoon. Let's get on with the agenda. Item Number 1,
consider, discuss, and approval of contract for county
telephone system audit and county computer network
engineering services. Mr. Trolinger.
MR. TROLINGER: Thank you. I have one
additional contract that -- that was not available to me
that's been reviewed by the County Attorney for our -- our
West Kerr Annex for the high-speed network connection to the
courthouse. The County Attorney made -- made a review of
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the contract and put several notes on it, and -- but before
we -- before we do sign that contract, I'd like Rex to
answer, do we go ahead and sign the contract and -- and make
changes to it as per your -- your concerns? Or do we have
to go through a negotiation process on that?
MR. EMERSON: Typically, contracts need to be
a joint agreement between the parties where you have a
mutual meeting of the minds, and I think you need to talk to
them about all these changes. I had recommended one, two,
three -- nine different changes, or eight different changes
with one clarification to that contract, and it's my
understanding that we've not heard back yet.
MR. TROLINGER: Correct.
COMMISSIONER LETZ: What is -- can you go
back? What are we doing? What's this for?
MR. TROLINGER: This is the connection --
this is the connection -- we received a grant from the
D.P.S. to give us electronic reporting capability for the
J.P. 4 office.
COMMISSIONER LETZ: Right.
MR. TROLINGER: Justice of the Peace 4. And
as part of that, we have to have a high-speed connection to
the courthouse so that they can log into our system and
access The Software Group server, and this service here is
part of that grant.
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COMMISSIONER LETZ: How's it get from J.P. 4
to the courthouse?
MR. TROLINGER: Across that connection that's
provided by Cebridge across a secure connection across the
Internet.
COMMISSIONER NICHOLSON: Tax Collector and
clerk use this also?
MR. TROLINGER: Yes, it's shared.
COMMISSIONER NICHOLSON: This -- this is a
dial-up?
MR. TROLINGER: It's -- it's across a cable.
It's a cable modem.
COMMISSIONER BALDWIN: What -- what is -- I'm
reading here "engineering services described in Attachment
A."
MR. TROLINGER: And I have a separate -- a
separate contract. These are separate items. It's
independent. They're contracts, but they're independent
from one another.
COMMISSIONER BALDWIN: Yeah. And we're
dealing with engineering services only at this moment?
MR. TROLINGER: This contract that we're
looking at now?
COMMISSIONER BALDWIN: Mm-hmm.
MR. TROLINGER: Is -- is for the connection
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between the courthouse and the J.P. 9, the contract with
Cebridge.
COMMISSIONER BALDWIN: We're not dealing with
Item Number 1?
MR. TROLINGER: Correct. That's -- it's Item
Number 1, but I did not have a copy of that contract; it was
still being reviewed at the time that I --
COMMISSIONER BALDWIN: Cebridge is -- of
course, we haven't looked it over yet, but is this the same
thing as the one from TRC?
COMMISSIONER LETZ: What's the TRC contract?
MR. TROLINGER: TRC is for network services
to consult -- to tell us if our network's secure, if it
needs to be reconfigured. It's just an engineering review
of the network. One piece of it will include reviewing the
Cebridge connection that we have to J.P. 4.
COMMISSIONER LETZ: Why?
COMMISSIONER BALDWIN: Y'all keep asking
questions. I'll catch up.
COMMISSIONER LETZ: I'm lost. Why do we
need -- what's this for? Why do we have the TRC contract?
Why do we need that?
MR. TROLINGER: The TRC contract is to review
our network security and make recommendations on how to
proceed with the physical structure of the network. It's
h a, us
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just -- it's just a couple few hours from the experts that
can back me on how the network's configured.
COMMISSIONER BALDWIN: That's kind -- it's
kind of a study?
MR. TROLINGER: Yes.
COMMISSIONER BALDWIN: A study of the system.
COMMISSIONER NICHOLSON: So, we're
considering two things; we're considering a contract to get
some expertise to help us on our security, and we're
considering a monthly fee for a high-speed Internet?
MR. TROLINGER: And the telephone system
audit, which is the -- which is the other item, yes, sir.
COMMISSIONER NICHOLSON: Three items.
MR. TROLINGER: Yes, sir.
COMMISSIONER LETZ: TRC does the telephone
system audit?
MR. TROLINGER: TRC is the network, the
computer network.
COMMISSIONER LETZ: Who's doing the telephone
audit?
MR. TROLINGER: TNT. There's -- that is in
your package.
COMMISSIONER LETZ: Okay. That's that
individual that used to be with Southwestern Bell or
somebody?
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MR. TROLINGER: Correct.
COMMISSIONER BALDWIN: We're not talking
about long-distance service in any way at this point, are
we?
MR. TROLINGER: That's correct.
COMMISSIONER BALDWIN: Okay, thank you. Is
there three different motions?
COMMISSIONER NICHOLSON: I got a couple
more -- what's it going to cost us for this TRC Engineering
Services?
MR. TROLINGER: TRC Engineering, as part of
the capital outlay that's already budgeted this year, covers
network -- network equipment configuration. That's covered.
TNT is not covered; that's an expenditure that would have to
be decided on by the Court. I don't have a -- a source of
funding. Whether or not you even want to pursue a telephone
audit's another question.
COMMISSIONER LETZ: Why would we want to
pursue a telephone audit? Other than our system doesn't
work real well? (Laughter.)
MR. TROLINGER: It's maxed out. We're maxed
out. We have some improvements that I think we could find.
COMMISSIONER NICHOLSON: That's a $3,000
item, telephone audit.
MR. TROLINGER: Yes. And then the other --
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the other item was the Cebridge contract, and that's covered
by the J.P. 4 grant. So, just the -- just the telephone
audit contract would be an additional expense for this
year's budget.
COMMISSIONER LETZ: How'd we end up with
Cebridge, and who is -- why -- I mean, I've never heard of
Cebridge. How did we get -- how did they decide to bid on
this, and nobody else, like KTC?
MR. TROLINGER: We've got two choices for the
connection to the -- to Ingram. One is a dial-up telephone
line, and the other is Cebridge high-speed Internet over the
cable.
COMMISSIONER LETZ: So this the only one that
has that --
MR. TROLINGER: This is the only ones that
have that capability. There's a third option that's
prohibitively expensive that I didn't even consider.
COMMISSIONER NICHOLSON: Is that satellite?
MR. TROLINGER: Not satellite; it's a
dedicated line from SBC. It was about $200 a month.
COMMISSIONER LETZ: So, on the Cebridge one,
the most we can do is approve the contract subject to
Cebridge accepting all the conditions?
MR. TROLINGER: Yes, sir.
COMMISSIONER LETZ: So moved. And those
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funds are to be paid for out of the grant?
MR. TROLINGER: Yes, sir.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the Cebridge agreement subject to conditions as
expressed. Any question or discussion on the motion?
COMMISSIONER BALDWIN: Subject to the
conditions laid out by the County Attorney?
COMMISSIONER LETZ: Yes.
JUDGE TINLEY: Well, yes, uh-huh. Subject to
those conditions being satisfied that the County Attorney
expressed. 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.
COMMISSIONER NICHOLSON: We're not acting now
on the TNT telephone audit?
COMMISSIONER LETZ: We could.
COMMISSIONER BALDWIN: If we had the money.
If somebody tells us where the money is.
COMMISSIONER NICHOLSON: Is that something
that can wait for the budget process?
MR. TROLINGER: It can. And I wanted to make
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you aware of it, since I had these contracts here in front
of me, on getting some advice from you. Do we even want a
telephone audit? Can we -- can we get some payback from it?
COMMISSIONER NICHOLSON: I would like to be
able to prioritize things like this with other demands for
money that's coming up for next year. I'd rather deal with
it in budget process.
COMMISSIONER LETZ: I agree. I have no
problem with that.
COMMISSIONER BALDWIN: I agree.
COMMISSIONER NICHOLSON: Can you live with
that, John?
MR. TROLINGER: Thank you, yes.
COMMISSIONER LETZ: And the TRC contract,
that is already in the current budget?
MR. TROLINGER: Yes, sir.
COMMISSIONER LETZ: What's the total
expenditure going to be under that contract?
MR. TROLINGER: Less than -- not to exceed
$1,000. And it is on the engineering services schedule of
fees where they list their hourly rates, but I verbally told
them not to exceed $1,000.
COMMISSIONER LETZ: I think that needs to be
added into the contract. Has the County Attorney reviewed
the TRC contract?
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	MR. EMERSON:	Yes,	sir.
	COMMISSIONER	LETZ:	And it's okay?
	MR. EMERSON:	Basic	form is fine.
	COMMISSIONER	LETZ:	I move we approve the TRC
contract	with a limit of $1,	000 in	expenditures, the funds
to come	out of the budgeted	funds	in Capital Outlay.
	COMMISSIONER	NICHOL	SON: Second.
	JUDGE TINLEY:	Moti	on made and seconded for
approval	of the contract wit	h the	limitation as expressed.
	COMMISSIONER	LETZ:	And authorize the County
Judge to	sign such contract.		
	JUDGE TINLEY:	Any	question or discussion?
All in f	avor of that motion,	signi	fy 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. TROLINGER: Thank you.
COMMISSIONER BALDWIN: I'm assuming -- I want
to ask a question, John, dealing with long-distance service.
I'm assuming that we will just stay with what we're doing,
huh? Do you --
MR. TROLINGER: Have we received any bids
from the --
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MS. PIEPER: For what?
MR. TROLINGER: Have we received any
long-distance bids?
MS. MITCHELL: One.
MR. TROLINGER: One? Okay. Based on the
bids, which we have one right now, we're staying with what
we have. We have a demonstration in place that's just
finished up that's working very well. That works over the
Internet through the Time-Warner high-speed modem.
COMMISSIONER BALDWIN: Very good. Thank you.
MR. TROLINGER: I'm not ready to make a
recommendation on changing.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Okay. Let's go to Item 2,
report on video teleconferencing for the district, county,
and J.P. courts, including jail. Consider and discuss
proposal for video teleconferencing and funding via grant.
MR. TROLINGER: Okay. Judge Tinley asked me,
probably in February, when I first started, to look at the
possibility of video teleconferencing for the county and for
the district courts, and, first of all, if it was possible
to do this. And, yes, it is possible, and we do have the --
the means in place for video teleconferencing between
Gillespie County, Kerr County, and the Kerr County jail, and
with possibly three other counties that could participate in
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the future for video teleconferencing. What this means is
that district attorneys, judges, inmates, attorneys, and
lawyers that represent inmates can use video
teleconferencing in place of traveling or being exposed
to -- to an inmate that's incarcerated. That's probably the
-- the top --
COMMISSIONER LETZ: So the intent is to make
the judicial side more efficient?
MR. TROLINGER: Yes. The travel part for the
district attorneys, I see it especially. And I've talked to
Brady, to McCulloch County Information Technology, and it's
probably doable there to put in video teleconferencing; they
have a fast enough connection right now to the Internet.
But the travel that the judges, the prosecutors, the
attorneys, that's a huge -- a huge savings in just wear and
tear.
COMMISSIONER NICHOLSON: John, I can easily
see the efficiency of -- of being able to do this and the
impact it'll have on people involved in the judicial
process. Be very positive. Later on we're going to be
talking about jails, and we're probably going to be talking
about jails every -- every time we meet for a while. Could
this also have the potential to speed up the process to
where we get people who are in jail disposed of more quickly
and --
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MR. TROLINGER: Yes, sir.
COMMISSIONER NICHOLSON: -- give some relief
on crowded conditions?
MR. TROLINGER: Yes, sir. Specifically, on
the magistration, I did a little bit of research, and don't
know a lot about the process -- the law enforcement process,
but -- but from what I've read in a specific grant
application here, it -- it specifically stated that one of
the purposes that this county applied for the grant was
to -- to magistrate more efficiently and -- and speed up the
process. I think that was Cochran County. I wanted to read
it exactly here.
DODGE TINLEY: Cochran and Hockley Counties,
I believe, are the ones you're referring to.
MR. TROLINGER: In their grant application,
they said, "We propose to install video teleconferencing in
six courtrooms and provide inmates ability to receive their
statutorily-mandated magistrate's warning as early in their
incarceration as possible." And that's -- that was the
first paragraph of their -- of their activity statement.
So, just that portion where they're speeding the process
along with -- with maybe getting that guy bonded out, I
think is what that would lead to.
COMMISSIONER LETZ: Are we there? Is this an
agenda item to authorize going out for a grant to find out
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if there's -- I mean, what's the intent of the agenda item?
MR. TROLINGER: This is my report. This is
my report. I wasn't sure if I should -- if I had to ask the
Court to apply for the grant, and I understand I do need to
ask the Court to apply for a grant, so I will be doing that.
And I do have the -- a couple of sources available. One of
them's very promising.
COMMISSIONER BALDWIN: Two questions. You --
up front, you said Kerr County, Gillespie County. Now,
that's the 216th District. You're not -- we're not talking
about just doing 216th; we're going to talk about 216th and
198th District? 'Cause you also mentioned McCulloch and
that bunch up in there, which is 198th.
MR. TROLINGER: Yes, sir.
COMMISSIONER BALDWIN: So you're talking
about doing -- trying to do the entire -- if those counties
are geared to do it?
MR. TROLINGER: Long-term, it would be best
to do all eight counties. All eight. But there are
limitations today, the bandwidth, the high-speed Internet
connection.
COMMISSIONER BALDWIN: But Fredericksburg's
ready to go?
MR. TROLINGER: They are ready.
COMMISSIONER BALDWIN: Okay. And I can't
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imagine Boerne not -- or Kendall County not being up and
running.
MR. TROLINGER: I haven't spoken with them
yet.
COMMISSIONER BALDWIN: Surely they are.
Another question about the -- about the funding. You go out
for a grant. How many years is that grant available?
MR. TROLINGER: The one that's the most
promising is 12 months, one year.
COMMISSIONER BALDWIN: One year. And then we
pick up the tab from that point on, and what would be that
tab?
MR. TROLINGER: Well, what we're paying for
now with our high-speed Internet connection is all that's
required once we own the video teleconferencing equipment.
COMMISSIONER BALDWIN: Except for maintenance
and those kinds of things?
MR. TROLINGER: If a piece of equipment
breaks, we have to get it replaced or repaired, correct.
COMMISSIONER BALDWIN: What is the total,
bottom-line figure right now?
MR. TROLINGER: If we wanted to do all eight
-- if we could possibly do all eight counties and our jail,
it's -- I've got two quotes. One is $72,000, the other is
$84,000.
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COMMISSIONER. BALDWIN: We would be doing all
eight counties?
MR. TROLINGER: Well, the idea being that I
have the pricing available to -- I'm giving you what the
total number would be.
COMMISSIONER BALDWIN: For all eight
counties.
MR. TROLINGER: I don't know how -- what kind
of distribution --
COMMISSIONER BALDWIN: But our cost would be
much less than that.
MR. TROLINGER: Much less.
COMMISSIONER BALDWIN: Just for Kerr County.
MR. TROLINGER: It's about $8,000 per unit
installed.
COMMISSIONER BALDWIN: $8,000 per unit?
MR. TROLINGER: Per box that does the video
teleconference, has the TV, has the camera and the
microphone.
COMMISSIONER BALDWIN: We would have one,
like, in both district courts; that's two.
MR. TROLINGER: Yes, sir.
COMMISSIONER BALDWIN: One D.A., that's
three. One Sheriff is four. Does the District Clerk do
that as well? Or --
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MR. TROLINGER: Well, I was just looking at
the courtrooms and the jail immediately.
COMMISSIONER BALDWIN: Courtrooms and jail.
What about the D.A.? The D.A.'s got to participate in that.
MR. TROLINGER: Right. They're near one of
the courthouses, so --
COMMISSIONER BALDWIN: Okay. I like that.
MR. TROLINGER: -- I presume that --
COMMISSIONER BALDWIN: He can walk over here.
COMMISSIONER LETZ: And you put one in
each -- like, one would be in the Boerne or Kendall County
courthouse, one in Gillespie County?
MR. TROLINGER: And it's portable, so if for
some reason the Commissioners Court needed it, we could set
the box here and plug it in.
COMMISSIONER LETZ: Two questions. I know
Judge Tinley has expressed an interested in it. Have Judge
Prohl and Judge Ables expressed interest as well?
JUDGE TINLEY: Before I ever floated this
thing, I talked with both of those judges, and they saw it
as a -- a usable tool. In response to Commissioner
Nicholson's question, you gain efficiency by cutting down
the time that partir_ularly the 198th District Judge spends
running up and down the road back and forth to these rural
counties, and to a lesser degree, the 216th Judge. For
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example, to -- to Brady. He's got, what, an hour and a half
travel time each way? May go up and do five arraignments as
a result of some indictments that were returned a month
before. He can take care of his business probably in half
an hour, 45 minutes maybe at most. Then he turns around and
comes back. Well, if you've got the video teleconferencing
set up, you -- that can be handled from right here. The --
the defendant can be online on the screen in Brady, for
example; the D.A. can be in Junction at the courthouse.
Oftentimes the attorneys come from out of county. It'll cut
down on the time they have to spend, thus the indigent
defense expense. I just think it has a lot of -- a lot of
promise for increased efficiency, and I think in that
manner, it will give those judges more time to be doing what
they need to use their time for, and that's disposing of
cases rather than spending it on the road.
COMMISSIONER NICHOLSON: So it could free up
some beds in the county jail?
DODGE TINLEY: I see that it could, yes.
Now, the degree to which that might happen, I don't know.
The -- the Legislature is more and more authorizing the use
of video teleconferencing for -- for summary-type
procedures, for arraignments, for magistration. I have a
request in now to the Office of Court Administration to
provide me a synopsis of all the areas where that's
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permitted now. Hopefully it can be done for pleas. It can
be done in civil cases for default judgments,
uncontested-type cases where the judges won't have to be
spending the time on the road. The whole thing is to
enhance the efficiency of -- of the judicial function.
COMMISSIONER BALDWIN: Is it strictly a
judicial function? Or can you tie it with the M.H.M.R.
program?
JUDGE TINLEY: We already have that
capability in place here locally.
COMMISSIONER BALDWIN: I understand.
JUDGE TINLEY: And, yeah, it -- my initial
concept when -- when I started taking a look at this was for
the judicial -- how it was tied to the judicial functions.
There's, of course, all sorts of related possibilities, one
of which is the M.H.M.R, situation where the clinical people
can have the opportunity to interact with those that are in
custody in jail in order to be able to formulate judgments
as to the needs of that particular individual.
COMMISSIONER LETZ: I think if we look at the
agenda item, I mean, I think what I'm hearing is that
there's interest, so put on it the next agenda to proceed
with the grant.
MR. TROLINGER: Will do.
COMMISSIONER BALDWIN: One more question --
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Clay, don't walk off; I got a question for you. Can -- can
you magistrate via television?
MR. BARYON: Legally?
COMMISSIONER BALDWIN: Yeah, legally.
MR. BARYON: As far -- if that's the
question.
COMMISSIONER BALDWIN: Yeah.
MR. BARYON: As far as I know, you can.
COMMISSIONER BALDWIN: You don't have to have
a human body sitting there for the question-answer period
and all that?
MR. BARYON: Not to my knowledge. You may
want to ask the County Attorney that question.
MR. TROLINGER: I asked Judge Elliott to
investigate that for me. He's going to get back to me.
MS. UECKER: You can.
MR. EMERSON: I don't remember all the
specifics, but you can magistrate --
COMMISSIONER BALDWIN: Okay.
MR. EMERSON: -- with the video
teleconferencing. It's my understanding you have two-way
communication, so there's no reason you couldn't have the
question and answer session between the magistrate and the
defendant.
COMMISSIONER BALDWIN: Cool.
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COMMISSIONER. LETZ: I think the other thing
that probably needs to be done about the same time is to --
I don't know how it works, whether the Commissioner
contacts -- or maybe Judge Tinley contacts Judge Prohl and
Judge Ables. We need to get this in front of the other
Commissioners Courts or judges or, you know, the other
counties, because they're going to have to have some
expenditure down the road and sign off on the grant, 'cause
I'm not comfortable on -- in our grant, buying a computer
for Kendall County, or a teleconferencing unit. So, somehow
we need to figure out how to coordinate -- or John needs to
figure out how to coordinate the grant request with all the
other counties that need to participates.
MR. TROLINGER: I'm open to ideas. But I
don't have a good one, other than I've -- I've spoken with
the -- with a couple of Information Technology people, my
counterparts, and spoken with the District Judges to see if
they were interested, and so far I'm hearing yes from all
those.
COMMISSIONER LETZ: I don't know the process.
I don't know -- probably best to use maybe the court
coordinator upstairs, Becky, and to get it into their budget
scenario, or at least to sign off on it. It's something
that needs to be done before we can submit the grant. I
think the grant needs to come from all counties, or maybe
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the counties authorize -- you know, I don't know, Judge, the
best way to do that.
JUDGE TINLEY: Well, I'm hoping that the
initial funding that's going to be required for the
equipment in all the counties can be -- can be obtained from
non-budgeted taxpayers' funds through a grant, or -- or I've
got some other thoughts in mind that I've been working on
sort of that won't take taxpayer funds.
COMMISSIONER BALDWIN: So, the initial grant
would include all eight counties?
DODGE TINLEY: I'm not sure how the initial
grant would be structured, or whether all counties would
make the grant request and then they'd be consolidated, but
effectively, I think it would be most effective and most
efficient if we were to put it together in a 198th/216th
combined package.
COMMISSIONER BALDWIN: I agree with that. I
think Commissioner Letz is also correct, though, in getting
some kind of commitment from those other counties, "Yes,
we're going to -- when it becomes -- when our system becomes
available, then we're ready to ante up.
COMMISSIONER LETZ: Plus if I was -- whoever
we're applying for the grant from, I mean, if we're buying
equipment for another county, I think I would want, before I
gave the money, to know that that county wants it.
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COMMISSIONER BALDWIN: Yeah.
COMMISSIONER NICHOLSON: I'm wondering if
this equipment's not the property of the two District
Judges, and they take it out to Kendall County, set it down
and say, "Here's our equipment that we're going to be
using," instead of each county owning equipment.
MR. TROLINGER: That's a good idea. I hadn't
even thought about that. Where -- where Kerr County and --
and the District Judges here can own the equipment, and they
just take it with them. One of the units is -- looks like
this; they're in the brochure. And, literally, you can pick
it up with one hand.
COMMISSIONER NICHOLSON: Looks like a snuff
can.
MR. TROLINGER: It's about -- it's about a
bread box.
MR. BARYON: Buster, I do want to qualify one
thing. And to answer your question about magistrations, the
difficult part about magistrating via teleconferencing is
going to be on the Class C misdemeanors. A lot of times
they go ahead and just plead guilty; the judge goes ahead
and takes their pleas at that time, whir_h requires the
inmates to sign the paperwork and the Judge to accept the
pleas. In lieu of taking P.R. bonds, to -- for them to
appear back before the J.P.'s on P.I.'s and Class C
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misdemeanors. So, I'm not sure how that can be orchestrated
to when they could still enter the pleas of guilty via
teleconferencing, but that would be one issue that --
COMMISSIONER BALDWIN: Getting their
signature?
MR. BARYON: And they may be able to sign it
in front of the camera. I don't know how that would work
yet.
COMMISSIONER BALDWIN: Yeah.
MR. BARYON: But it's more than just sitting
in front of them, just reading their rights. Sometimes they
do go and take guilty pleas at the time.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: Going back to using --
going through District Judges, Tommy, don't we -- right now,
isn't there a bunch of those costs that are allocated
amongst all the counties? Some of the salaries and --
MR. TOMLINSON: All the salaries and benefits
are.
COMMISSIONER LETZ: So, I mean, I don't know
why this system couldn't be done the same way, as long as
you allocate that cost back out to them. Which is kind of
what, I think, Commissioner Baldwin or Mr. Trolinger,
whoever it was, said about the District Judges have the
system and then take it. Because, I mean, someone still has
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to pay for it. And --
MR. TOMLINSON: Well, I know this -- this
same thing has been done in -- I think Tom Green County did
this, and they use it for communities surrounding San
Angelo. I don't know how they -- they got their grant
through the Office of Court Administration. I don't -- I
don't know enough about it to know who owns the property,
but, I mean, I can foresee -- I mean, J.P.'s use the -- this
instrument also. So, it seems to me like the County
should -- should own the equipment so they can use it,
anybody that wanted to, because you have other courts in the
counties besides the district courts.
COMMISSIONER LETZ: Right.
MR. TOMLINSON: And I know that in -- that in
198th District, there's probably more -- probably more
county and J.P. issues than there are district issues.
COMMISSIONER LETZ: Well, you know, I think,
John, you need to visit with the judges and maybe with Tommy
and some other counties and just figure out the best way to
proceed with the grant.
MR. TROLINGER: Okay.
COMMISSIONER BALDWIN: Come back with the
grant.
MR. TROLINGER: Sounds like I need to go
through Becky Henderson with the District Judges, and then
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bring it back to you with their yea or nay on whether or not
they want to apply for the grant.
COMMISSIONER NICHOLSON: I'd like to get it
done, and if we can figure out the least bureaucratic and
complex way of doing it, that would be -- would be best.
MR. TROLINGER: Yes, sir.
COMMISSIONER BALDWIN; I tell you, if that --
one of your comments you hinted at was that that would
relieve the judges from their travel, and they could be
taking care of the things that -- that we have an interest
in in Kerr County, and that is being in that courtroom and
getting those prisoners out of that jail, which has been a
thorn in everybody's side, and I understand some feelings
have been hurt over that particular issue, Maybe this is a
way to do it.
JUDGE TINLEY: Well, I certainly see it as a
way of increasing efficiency. Now, obviously, you can't use
it for jury trials, and there are going to be other
limitations, but when you stop and consider the number of --
the number of cases and the amount of volume of cases that's
pretty routine, pretty mundane, as opposed to very complex
jury trials or highly contested criminal jury trials, for
example, a lot of that business is disposed of in a routine
nature, and if you -- if you got a judge that's able to
handle cases and dispose of cases for an hour and a half,
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rather than be on the road driving somewhere --
COMMISSIONER BALDWIN; Sure.
JUDGE TINLEY: -- it makes a tremendous
difference.
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: But we've -- I`ve got an
inquiry outstanding to the Office of Court Administration as
to, you know, what particular instances current legislation
authorizes video teleconferencing to be used. There were a
number of additional bills which were filed in the
Legislature this past session. I don't know what the
outcome of those -- those particular measures were, but I'm
due to get a response to that hopefully very quickly. It's
been promised to me, as well as then looking at how it might
be utilized from a funding standpoint, what funding sources
are available for it.
MR. TOMLINSON: Judge, I'm recalling now that
the reason that Tom Green County did what they did is that
they had such a short supply of -- of attorneys in the
surrounding areas to do indigent work that what it did for
the -- for the -- like, in Runnels County. Runnels County
is adjacent to Tom Green. It increased their ability to --
or increased their inventory of qualified attorneys for
those cases in those small counties. So, the same thing
would help here. 1 know it would in Bandera, because I know
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that the judge -- the County Judge down there has a very
difficult time finding qualified attorneys for some cases,
'cause they just don't have them. So what happens, he winds
up having to get attorneys out of San Antonio, Kendall
County, Kerr County, so that -- that would help those
counties. So, I don't see why they would have any objection
whatsoever of -- of joining in this.
JUDGE TINLEY: Well, we have a very similar
situation in McCulloch, Mason, Menard, and Kimble Counties.
Very often the defense attorneys for the indigent defendants
in those cases come out of Kerr County, and those lawyers
are having to travel.
MR. TOMLINSON: Right.
JUDGE TINLEY: And that cost is having to be
picked up by somebody.
MR. TOMLINSON: Yeah, that's exactly the
reason.
JUDGE TINLEY: And if -- if the lawyer could
operate from his home county, wherever that may be, through
video teleconferencing for the routine-type procedures --
the arraignments, the pretrials, the pleas, for example --
that would cut those costs down. And, in fact, most of
the -- most of the grant funding that I've seen has come
through the indigent defense route. There were
approximately -- of the grants last year under the indigent
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defense system, appror,imately half of those, I believe --
were they not, Mr. Trolinger? -- are were for video
teleconferencing.
MR. TROLINGER: For that chart we looked at
that was in the county magazine, yes, sir.
COMMISSIONER BALDWIN: Tommy, could we get a
list of those counties that have a lack of attorneys? I've
got a retirement coming up pretty soon, and I'm looking for
a place to move to, and that sounds like a good -- good
sales point to me. (Laughter.) So, you -- Menard, Mason --
JUDGE TINLEY: McCulloch.
I COMMISSIONER BALDWIN: McCulloch, Irion,
Schleicher.
JUDGE TINLEY: Loving.
COMMISSIONER BALDWIN: Loving? That's a
little too far. Okay, appreciate that.
COMMISSIONER LETZ: Runnels.
COMMISSIONER BALDWIN: I'm heading west.
Runnels.
JUDGE TINLEY: Anything else on that
particular agenda item?
MR. TROLINGER: And last thing I have is, I
can see it as a -- as benefiting, even though I'm talking
about the district and bringing in the two district courts,
I see that as -- as a funding source in lieu of a grant, an
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alternate funding source. But for Kerr County, I see the
benefit for the -- for the jail, for the reduced traffic
between here and the jail, exposure to the public of the
inmates going back and forth, which I've seen a lot of
traffic back and forth. And the -- for the indigent defense
side, I was thinking outside the box, and I did some
research, and I found out that there are several
organizations that provide pro bono services via video
teleconferencing out of Austin and out of a couple of the
colleges, so it might reduce our costs there to the county.
COMMISSIONER BALDWIN: Thank you.
JUDGE TINLEY: Interesting, Thank you, sir.
We'll wait to see this item on the agenda, Let's go to a
timed item that was scheduled for 9:30, Item 4, consider
and discuss amendment to the Administrative Services
Agreement of January 1, 2005, between United of Omaha Life
Insurance Company and Kerr County, as requested by Don
Wallace and Associates, and the County Judge to be
authorized to sign the same. Ms. Nemec?
MS. NEMEC: Yes, good morning, Received a
call from Michelle from Don Wallace's office, The way she
explained this to me is, we did not have a vision plan in
place when we first went with Mutual of Omaha, and so then
they went back and added the vision benefit so that it could
be the same as what we had with the previous carrier. And
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then, in talking to one of our employees, they told her that
something was covered. It wasn't. So, what they're wanting
to do -- and, Judge, correct me if I'm wrong on this, 'cause
I know you've been talking to Michelle -- is do the
amendment just for this one time to cover what they told her
was covered, and I believe the cost is $60.
JUDGE TINLEY: Essentially, I think what
we've got is we added the vision plan, but prior to that
being added and the adoption of the original plan, this
individual had the service provided, and it was therefore
denied. Had she had the service provided after the
adoption, of course, it would have been covered. So, this
is just merely to back up and cover that.
COMMISSIONER BALDWIN; Do we have the
coverage today?
JUDGE TINLEY: Yes.
MS. NEMEC: Yes.
JUDGE TINLEY: It's in place.
COMMISSIONER BALDWIN: And what is that? Is
it eye exams?
MS. NEMEC: I don't know. I haven't received
that.
COMMISSIONER BALDWIN: Can we talk about
that? Or --
MS. NEMEC: I haven't received --
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COMMISSIONER BALDWIN: Okay.
MS. NEMEC: -- what is covered.
COMMISSIONER BALDWIN: So we want $60? Is
that the bottom line?
MS. NEMEC: Right.
COMMISSIONER BALDWIN: I understand.
JUDGE TINLEY: So as to cover this one that
got caught in no-man's-land.
MS. NEMEC: While the change was going on.
COMMISSIONER LETZ: Where does the $60 come
from?
JUDGE TINLEY: It'll come out of our -- what
we budget for --
COMMISSIONER LETZ: Insurance?
JUDGE TINLEY: Go into our contributions to
the --
MS. NEMEC: Our claims funding account.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Any question or discussion?
MR. BARYON: I think we may have had some
employees that got messed up in the vision issue.
MS. HARDIN: Do we have a time frame from
when -- when the gap was? Because we have two that have
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been denied. We asked about them this month.
MS. NEMEC: I think what we need to do,
probably, is they come the first Thursday of every month,
and maybe I can put out a notice to the employees that the
vision coverage will be covered so that they can attend that
meeting, so that we ran clarify everything.
COMMISSIONER LETZ: Okay, good.
MR. BARYON: Another clarification that may
need to be done on that, Ms. Nemec, is the -- I know one of
the deputies called to find out if they could use the bene.
card card to pay for glasses -- eyeglasses, and was told
that they could. I think that's just through the bene. card
people he had spoke to. And yet, when he went to purchase
them, the company bene. card then rejected the swipe of the
credit card, because he could not use it at a retail
location. It's set up to where you can't abuse this bene.
card by going and buying groceries or buying things out at a
retail location, as opposed to a doctor's office. And so
when he went to purchase the eyeglasses, it denied it, so he
was stuck there on the spot having to pay for $400
out-of-the-pocket money to walk away with his glasses.
That's just something we need to get clarified.
MS. NEMEC: And we will. And I'm thinking
that probably the problem is that eyeglasses is not covered
under our plan.
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MR. BARYON: It may not be. He may have
called the wrong people. He did call before he went to do
all that. In fact, I think two deputies have been caught in
the trickle back over eye exams and buying glasses and not
being able to.
MS. NEMEC: If we can put the word out, and
I'll put an e-mail out that that will be covered at our next
meeting, and I'll have Michelle prepared to discuss that.
JUDGE TINLEY: Okay. 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: The motion does carry. The
next timed item, 9:35, is consider and clarify worker's comp
policy. Ms. Nemec?
MS. NEMEC: Okay. I put this on the agenda
'cause we had an employee who had been out after coming back
to work from the first injury, and then had to take off
again for some surgery procedure or something like that.
And we pay for the first seven days on an injury. At the
time that I put this on the agenda, I had a call in to
worker's comp to see if they were going to pick up day one
or if there was going to be a seven-day lapse, because they
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only pay after the first seven days. I had not received a
call back from them, so I thought I'd better get this on the
agenda, but since then I have talked to worker's comp, and
they'll continue to pay, so we don't have to worry about
this.
COMMISSIONER LETZ: Okay.
MS. NEMEC: Okay?
DODGE TINLEY: So, we don't need any action
on that item?
MS. NEMEC: No.
DODGE TINLEY: Thank you, ma'am.
MS. NEMEC: Thank you.
DODGE TINLEY: Let's go back to Item 3, if we
might, approval for Costco to set up annually for one day in
June or July in the lower level of the courthouse to renew
memberships from the previous year or add new employees.
Ms. Pieper?
MS. PIEPER: Well, Judge, Costco called and
wanted to set up one day like they did last year for the
employees. I think they make it a discount rate; I'm not
real sure. I don't -- I was already a member, so I have no
idea. But their marketing rep, JoAnna Wilson, was supposed
to be here today, but she -- she hasn't got here yet, and I
haven't heard from her. So, I don't know if y'all want to
go ahead and approve for them to set up or --
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COMMISSIONER BALDWIN: Well, I didn't
participate -- participate in the membership, but I did go
down there last year and watched the function, and I -- I
think it's kind of a neat deal. It's a service to our
employees to be able to go down and become a member and save
a little money and do some shopping and that kind of thing.
I don't see anything wrong with it.
MS. PIEPER: I think they get a discount
rate --
COMMISSIONER BALDWIN: They do.
MS. PIEPER: -- if they sign up when they
come to the --
COMMISSIONER BALDWIN: They do.
COMMISSIONER NICHOLSON: Move to approve.
COMMISSIONER LETZ: Move to approve and
authorize Jannett to set the time -- or Kathy or one --
Jannett.
COMMISSIONER BALDWIN: Well, if you set the
time -- that was what I was going to ask about. If there
was a specific day, we can come up with a specific day so
that everybody knows and we don't have two functions down
there at one time. So, Jannett, are you going to do that?
Are you going to come up with a specific time and then let
this Court know as well as Maintenance and/or whoever needs
to know?
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MS. PIEPER: I'll get with Maintenance. I
think they're the ones that schedule for what takes place
down there.
	COMMISSIONER LETZ: And send an e-mail out.
	COMMISSIONER BALDWIN: Thank you.
	JUDGE TINLEY: Costco rep's going to
coordinate through you anyway, right?
	MS. PIEPER: That is correct.
	JUDGE TINLEY: Okay.
	COMMISSIONER BALDWIN: Do we need an order?
	COMMISSIONER LETZ: We already did.
	JUDGE TINLEY: We have a motion and a second.
	COMMISSIONER BALDWIN: I see.
	JUDGE TINLEY: Actually, we have two motions,
I think. I'll	call the later one the second. 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. Didn't
realize there'	s finite nuances in parliamentary procedure,
did you?	
COMMISSIONER LETZ: If you didn't go so fast,
I would have asked you to read what the motion was, 'cause
I'm confused.
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JUDGE TINLEY: Let's go to Item 6, consider
road name changes for privately maintained roads in
accordance with the 9-1-1 guidelines.
MS. HARDIN: We have two private roads today
in Precinct 4. One is Shiner Bock and the other one's
Keller.
COMMISSIONER NICHOLSON: Question. Does this
clear up -- does this take care of all the road name changes
that are currently in the process?
MS. HARDIN: These are roads that have never
been named.
COMMISSIONER NICHOLSON: But there aren't any
more awaiting approval?
MS. HARDIN: No, sir.
COMMISSIONER NICHOLSON: Move to approve.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Any question or discussion?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(NO response.)
JUDGE TINLEY: The motion does carry. Item
7, consider and discuss authorizing the Sheriff's Office to
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prepare an RFP to be sent to architects for study on
addition to existing county jail.
COMMISSIONER BALDWIN: Judge, I think that's
RFQ. It's just a typo there, maybe.
COMMISSIONER LETZ: It needs to be RFQ, I'll
agree on that.
COMMISSIONER BALDWIN: Well, I think it was
just a typo.
COMMISSIONER NICHOLSON: I think it was.
JUDGE TINLEY: Mr. Barton, what do you have
for us this morning?
MR. BARYON: Just to find out whether or not
we can prepare the Request for Qualifications for architects
to be sent out for addition to the county Jail.
COMMISSIONER NICHOLSON: What's it going to
cost? Not the jail, the architect.
MR. BARYON: I don't have any idea. This is
just to find out who all is qualified. We'll send out
agreement information back to the Court and then y'all can
pick a -- it's my understanding the Court ends up picking
the architect. We're just sending out asking for
qualifications to see who we can bring --
COMMISSIONER NICHOLSON: So this doesn't cost
anything?
COMMISSIONER LETZ: No.
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COMMISSIONER NICHOLSON: Okay. It's not a --
COMMISSIONER LETZ: The question I have is,
since this is an important thing, it's going to end up
before the voters, is this a typo, Mr. County Attorney, or
do we need to redo this?
MR. EMERSON: I can't say if it's a typo or
not.
COMMISSIONER LETZ: Neither can I. I mean, I
don't see -- I think that this is something -- I'd hate to
have, you know, some citizens come back and make an issue
out of the fact that we didn't properly hire the architect,
if we do hire an architect. And I think that the Sheriff's
Department's certainly under -- you know, can prepare the
document to go out and do this, and bring those documents
back. We can put them on our next meeting. I don't see
where we'll lose any time.
JUDGE TINLEY: And put it on the agenda as an
authorization to publish and submit the Request for
Qualifications?
COMMISSIONER LETZ: Correct. I just --
JUDGE TINLEY: Anything further?
MR. BARYON: So, just wait and make the same
request at the next meeting?
COMMISSIONER LETZ: Go ahead and prepare the
request, though.
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MR. BARYON: Okay.
COMMISSIONER LETZ; Prepare the request and
bring that, and we can approve the request, then.
MR. BARYON: Thank you very much.
JUDGE TINLEY: Any further action or any
further discussion on that item? We'11 move to Item 8, seek
authority of the Commissioners Court to pursue litigation
against contractors, architect, and engineer to resolve
construction deficiencies related to the Kerr County
Juvenile Facility new building.
MR. EMERSON: Thank you, Judge. I think I
need to bring the Commissioners Court up to speed on what
happened Thursday before we proceed. Originally started
researching this issue back on January 12th when I was
advised that there were construction issues related to the
facility. On January 31st, we sent out letters from the
County Attorney's office to the STR Contractors and DRG
Architects and Engineers, I guess it is. February 14th, the
second letter was went out. February 24th, a third letter
went out. March 31st, we sent out a certified letter to
STR, DRG, and Hallenberger Engineering at that point, and
the result of that was on April 27th, we basically conducted
an informal mediation and discussion of the construction
issues out at the Juvenile Detention Facility. Present were
all three parties, as well as Becky Harris, Wally Waliky,
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the maintenance director for that facility, and myself. We
discussed the major issues, being the drainage, the A.D.A.
that, it's my understanding from Ms. Harris, have not been
fulfilled to-date.
Now, I need to qualify with the fact late
last week, I received a call from Ms. Harris saying that
there were some gentlemen out there from STR looking at the
drainage again, so I don't know if they actually
accomplished any work or not on that issue, and have not
been able to talk with her since then. But the end result
is that we have three major construction issues, as well as
a number of minor issues that Ms. Harris presented to them
at that time that have not been resolved. Now, I don't want
to tell Commissioners Court that I'm going to run out and
file a lawsuit tomorrow, but I think at this point it's
important to have authorization of the Commissioners Court
to proceed with litigation if I don't get any further
response. I don't know if they're stonewalling us or
they're just incompetent or thoroughly confused, but we're
having communication problems, obviously.
COMMISSIONER BALDWIN: Rex, help me
understand once again, how did this happen? Wasn't it in
the original specifications to build, this drainage issue
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and the construction deficiencies and those kinds of things?
I mean --
MR. EMERSON: The way the facility's laid out
on the drainage is that the sallyport between the old
detention facility and the new detention facility is
completely concreted, and there's a ballpark -- I don't
know, 10- or 12-foot elevation drop between those two
buildings. The problem that you run into is that there is
no levy or anything to deter the water. The concrete that's
in the sallyport is flat, from what I understand, and you
have a stairwell on the side of the second detention
facility that runs down to the bottom floor entrance to the
juvenile detention facility, so when it rains, all the water
runs off building one, goes across the concrete, combines
with the water flowing down the driveway, floods the
stairwell, and goes right into the second -- the bottom
floor of the new building. I'm not sure who designed that,
but...
COMMISSIONER LETZ: I think, to answer your
question, Commissioner, is that the -- part of the issues
are more architect, engineering of the layout, and part of
the issues are more contractor. I mean, like, the pump and
-- you know, I mean, there's multiple people possibly
responsible. Some of it may be, you know, what the
architect did or didn't do, engineers did or didn't do, or
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the contractors did or didn't do.
COMMISSIONER BALDWIN: I guess my real
question, though, is when the thing was built by the
Juvenile Board, didn't they have an overseer?
MR. EMERSON: The contracts that I've -- that
I was able to locate and reviewed basically said that DRG
Architects was going to supervise the construction on the
job.
COMMISSIONER BALDWIN: I see. That's what
I'm looking for.
MR. EMERSON: Now, let me qualify that with
saying that this contract is probably 20 pages long, and
they have a clause in there where they're specifically
compensated for overseeing the construction, paying the
invoices, facilitating, I guess you could say, the general
contractor-type position, but at the same time, you go back
in the contract maybe 10 pages, and there's a couple of
paragraphs that absolve them of any liability for that
overseeing authority. So --
COMMISSIONER LETZ: I'll make a motion to
authorize the County Attorney to pursue litigation against
contractors, architects, engineers to resolve construction
deficiencies related to the Kerr County Juvenile Facility
new building.
COMMISSIONER NICHOLSON: Second.
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JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. You mentioned that there was
some activity late last week in connection with trying to
resolve some of these things?
MR. EMERSON: With one portion of it, is my
understanding.
JUDGE TINLEY: Okay. Would that happen to
have been after this agenda was posted?
MR. EMERSON: Yes, sir.
JUDGE TINLEY: I see. I think it might be in
order to -- for those that might have some responsibility to
be aware that litigation has been authorized. That might
facilitate these things getting resolved a bit quicker.
COMMISSIONER LETZ: And if the County
Attorney deems litigation is not necessary, there's
certainly no need to pursue it.
COMMISSIONER BALDWIN: I got a question.
Does this include -- or would this include hiring an outside
attorney? Or is this something that --
MR. EMERSON: No, sir.
COMMISSIONER BALDWIN: You'd handle --
MR. EMERSON: We'll do it in-house.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: Any further question or
discussion on the motion? All in favor of the motion,
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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.
COMMISSIONER BALDWIN: Thank you, Rex.
MR. EMERSON: Thank y'all.
JUDGE TINLEY: Let's go to Item 9, if we
might. Consider, discuss, and approval of amendment to the
contract between Office of the Attorney General and Kerr
County. I placed this on the agenda at the request of the
District Clerk. Ms. Decker?
MS. DECKER: Morning. What this is, is we're
already under contract with the A.G.'s office for services
that we provide for collection and state case registry
information on child support. We get a fee for every --
every case that we put information on that goes to the
S.D.U., and we also get a fee for customer service if
someone calls in and says, you know, "I didn't get my child
support. What happened?" We get a fee for that, and all of
that's in the contract that we're currently under. All this
is is an extension to that contract. I'm one of the
district clerks that's on the Negotiations Committee that
we've been meeting in Austin, and this just extends the
current contract until September the 1st, I think, of 2006,
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at which time hopefully we'll have some changes in the
contract.
COMMISSIONER BALDWIN: What kind of changes?
More money for us?
MS. UECKER: It's just small stuff. Mostly
it's -- some of it is the fee. Of course, we're -- you
know, we're wanting more money, so that's in negotiations.
And also, some of the enforcement issues, domestic relations
offices, several different things. But for us, mostly it's
going to be the fee.
COMMISSIONER BALDWIN: Is this an annual
contract? Or --
MS. UECKER: No, I think it's, like, a
four-year or two-year contract deal. Every now and then.
COMMISSIONER BALDWIN: Well, I'm --
MS. UECKER: This just extends the current
contract.
COMMISSIONER BALDWIN: I move for approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval. 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.)
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JUDGE TINLEY: The motion does carry. Next
item on the agenda is Item 10, consider and discuss
directing the Environmental Health Department Manager and
Floodplain Administrator to deny permits where there's a
violation of the Kerr County Subdivision Rules and
Regulations. Commissioner Letz?
COMMISSIONER LETZ: I put this on the agenda
last time, and -- and was hoping that the County Attorney
had time to review this to see if this is something that
legally we can do. It just seemed to me that there is a way
to find illegal subdivisions and insure compliance if we can
place this -- direct Environmental Health and Floodplain not
to issue permits if there is a violation of our Subdivision
Rules and Regulations. Rex, have you had a chance --
MR. EMERSON: Yes, sir. I have been -- in
fact, there's a written memo that went out real late; it's
in y'all's boxes somewhere. The essence of that is that I
talked to the T.C.E.Q. and talked to David Brooks also, and
reviewed Chapter 366 of the Health and Safety Code and
Chapter 285 of the Administrative Code, as well as A.G.
opinions and case law, and the bottom line is that it comes
down to the order that the Commissioners Court passed
verifying to T.C.E.Q. that they were going to regulate
O.S.S.F. regulations, including enforcement of Health and
Safety Code Chapter 366 and the Administrative Code Chapter
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285. And Chapter 285, Section 4(c), specifically states,
and I quote, that, "Review of subdivision or development
plans. Before the permit process for individual OSSFs can
begin, persons proposing residential subdivisions,
manufactured housing..." and various other units shall
submit planning materials for their developments prior to
that. And, essentially, what that does is give
Commissioners Court authorization to reject the permits on
individual pieces of property that have not been properly
platted.
COMMISSIONER LETZ: Okay. How about
floodplain?
MR. EMERSON: I'm not through digging into
that. I found the state part. But, I mean, you have the
federal element.
COMMISSIONER LETZ: Right.
COMMISSIONER NICHOLSON: I've got a question
and an observation. If the O.S.S.F. people or the
Floodplain people come to believe that a subdivision is
improper, hasn't gotten the required paperwork and
approvals, who's going to make that determination? Who's
going to say, "Yes, inspector, that's outside -- that's an
illegal subdivision"?
COMMISSIONER LETZ: I think the County
Attorney. I mean, the flood -- I mean, our subdivision
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rules are -- are fairly clear; we track state law as to what
is a subdivision. But I think someone needs to be able to
make that determination on the spot, and I think the County
Attorney's office is probably the best spot to go for a --
'cause we don't want to -- I mean, it's going to delay the
process too long if it comes back to the court every time.
COMMISSIONER NICHOLSON: Yeah, I like that.
COMMISSIONER LETZ: So L think -- and, Rex,
does that -- I mean, is that all right with your office?
MR. EMERSON: That's fine. Historically,
what's been done is that anybody that had questions on
platting has gone to Road and Bridge, and they told them
real quick whether or not there was a plat or not in
existence, and then at that point it bounced to us.
COMMISSIONER LETZ: Yeah, right.
MR. EMERSON: If there was a question.
COMMISSIONER LETZ: That process will
still -- you can check with Road and Bridge or Jannett's
office if a subdivision plat exists on that tract, and if --
then the question is as to whether -- and I think what
you're talking about more is the nuances, if a -- if a
platting was required for this, you know.
COMMISSIONER BALDWIN: There's one in my
precinct recently that the guy came in and applied for a
septic system, and our administrator bark there very wisely
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asked him for a plat of the subdivision, and -- and I think
we all know there's not one that exists. So, it's -- it's
held up. And I think this is a tremendous tool to --
actually, it's one of the only tools.
~ COMMISSIONER NICHOLSON: That was my comment
too, Commissioner. It's a good tool, and we ought to use
it. And I would caution both the Environmental Health
Department and the Floodplain Administrator to -- to
administer the rule expeditiously and not create a whole lot
more red tape; to do it in the most professional way and
least antagonistic way to help people come into compliance.
COMMISSIONER LETZ: I agree.
COMMISSIONER BALDWIN; I agree with that.
COMMISSIONER LETZ: Well, I'll -- since we do
not have a definitive answer on floodplain, I don't want to
pass an order that we may have to rescLnd, so I'll make a
motion that we direct the Environmental Health Department to
deny O.S.S.F. permits if there is a violation of Kerr County
Subdivision Rules and Regulations.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
-- to direct the Environmental Health Department to deny
permits where there's a violation of Kerr County Subdivision
Rules and Regulations. Any question or discussion on the
motion?
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MR. ARREOLA: I have one, just for
clarification. So, if we believe there's an illegal
subdivision or no subdivision, do we contact Road and Bridge
or the attorney's office?
COMMISSIONER LETZ: Contact Road and Bridge
to find out if it's in a subdivision.
MR. ARREOLA: Okay.
COMMISSIONER LETZ: And if it's in a
subdivision, that will solve the question. If it's not in a
subdivision, go to Road and Bridge -- T mean go to the
County Attorney for --
MR. ARREOLA: Basically, they will determine
for us if it's legal or not?
COMMISSIONER LETZ: If it's a subdivision
based on our current rules.
MR. ARREOLA: Okay.
COMMISSIONER BALDWIN: Why would it go to --
why would you go to the County Attorney? I meats, 1 don't
understand why you'd go to the County Attorney if he just
simply denies it and it's over. And then if you get in a
lawsuit, I can see going, just to let him knave that
something's --
COMMISSIONER LETZ: Yeah. I mean, if it's in
a -- if it comes up and it goes to Road and Bridge and it's
in a subdivision, and the plat is proper, I mean, it's
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pretty clear whether or not it's proper. That's pretty
clean. But if it's an issue, like there are several in my
precinct that I think, you know, are currently going that I
think are -- personally think are illegal subdivisions,
though it's a little bit of a gray area. I think Miguel
should consult with the County Attorney first.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER LETZ: Should it have been
platted? And if the answer is yes, then it's denied. If
it's no --
MR. ARREOLA: So, we're to hold the permit
until we determine it it's good or not?
COMMISSIONER LETZ: Right.
MR. ARREOLA: Then deny it if it's bad.
COMMISSIONER LETZ: And it shouldn't -- I
mean, I think, as I understand your office right now, you
require a plat of the property right now.
MR. ARREOLA: Yes, sir.
COMMISSIONER LETZ: So once you get that
plat, I mean, it shouldn't take very much time to determine
if it's in a subdivision. And, you know, you -- you have to
be somewhat familiar with the subdivision rules to know if
there's a potential question.
MR. ARREOLA: Yes, we basically have an idea.
We do get a lot of metes and bounds surveys. We would like
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someone to determine if they were done right or not. So --
COMMISSIONER BALDWIN: And then that's -- the
burden of proof is on the developer.
JUDGE TINLEY: The applicant.
COMMISSIONER BALDWIN: If there is a
developer at that point. You know, a lot of times these
things -- the developer comes in and cuts it up, whether by
metes and bounds or otherwise, and then sells everything, so
you have homeowners sitting there, you know.
COMMISSIONER LETZ: Which we almost always
have that situation.
COMMISSIONER BALDWIN: That's going to be a
tough one. But --
COMMISSIONER LETZ: And I don't know -- you
know, and that's a
COMMISSIONER BALDWIN: But it's the burden --
the burden of proof is not necessarily on the County that it
is an illegal -- yeah, I guess it is.
COMMISSIONER LETZ: I think the -- I think
what happens is, in this situation, I think Miguel is in
that -- he has to deny the permit if it's an illegal
subdivision. The people may ask Miguel or may ask one of us
to bring it to court for determination, and we may go ahead
and allow the O.S.S.F. to go in, but then we know that
there's an illegal subdivision there; we can go after the
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developer. I don't see that we would -- you know, in my
mind, that we would use this to stop someone from building a
house. I see it as finding that this individual bought in
an illegal subdivision, and someone's going to rectify that
situation, whether it's the property owner or developer.
It's a way to get more information. I don't see it as a
tool to prevent construction.
COMMISSIONER BALDWIN: Good.
JUDGE TINLEY: 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: The motion does carry.
COMMISSIONER LETZ: Kathy, could you put this
on the next agenda for Floodplain Administrator?
JUDGE TINLEY: Let's move to Item 11.
COMMISSIONER NICHOLSON: Take a break.
JUDGE TINLEY: Huh?
COMMISSIONER NICHOLSON: I need to take a
break.
JUDGE TINLEY: All right. We'll break until
about 10:30. We'll stand in recess till 10:30.
COMMISSIONER NICHOLSON: Thank you.
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65
(Recess taken from 10:15 a,m. to 10:30 a.m.)
JUDGE TINLEY: Okay. Let's come back to
order, if we might. We were in recess for a few minutes.
We']1 go to Item Number 11, consider and discuss a contract
for Rabies and Animal Control between the County and the
City of Kerrville. Commissioner Nicholson?
COMMISSIONER NICHOLSON: Okay. The first --
first thing I want to remind you of is under Tab 6 in your
books, that back on January 28th, we notified the City that
we intended to renegotiate the contract for Rabies and
Animal Control, and I now have a contract for you to
consider. But first, under Tab 1, I've outlined three
potential options for our relationship with the City, and
one of them would obviously be that we continue the -- in
sharing the costs that's now paid 60 percent by the County
and 40 percent by the City. And I'm -- these estimates you
see there are -- well, they'll just give you some idea of
the scope of it. I didn't know exactly what the cost would
be for 2005-'6. Obviously, we haven't approved the budget
yet, but it will be something in the order o£ $132,000 cost
to the County. Or we could do a formula-based split of the
costs. That would be based on the amount of the activity,
how much activity is done in the city, how much activity is
done outside the city. And that would be approximately
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60 percent to be paid by the City and 40 percent by the
County, which would essentially be a flip-flop of the
agreement we've had in place for several years. And then
the third option would be no contract with Kerrville, and,
of course, our costs would be higher than the 40/60 split,
but they wouldn't be much higher than they are now. I've
talked to the Interim City Manager and specifically asked
him a question of whether or not the City intended to
continue the contract with the County for those services,
and he said he thought that the City did desire that.
COMMISSIONER LETZ: Seems to me that, I mean,
option two is where we should be.
COMMISSIONER BALDWIN: Mm-hmm.
COMMISSIONER LETZ: You know. Maybe -- you
know, T don't know if it's exactly 60/40, if that's the way
we should do the split. It seems -- it certainly is -- you
know, I can't see going any different than 50/50. 60/40 --
or 90/60 seems to be equitable, and we seem to be trying to
get equitable treatment with all contracts, so I think
that's the direction that --
COMMISSIONER BALDWIN: Base it on usage.
COMMISSIONER LETZ: Base it on usage, and
that's what it should be. So, I mean, 40/60 seems to be the
way to go, in my mind.
COMMISSIONER NICHOLSON: That's what I'm
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thinking, too. When we get to the contract, you'll see that
-- that we are proposing that we discontinue the service of
picking up dead animals in the -- in the city of Kerrville.
Currently, the dead animals in the county are picked up
either by TexDOT or Road and Bridge Department. There are a
few exceptions to that. I think if Janie is out on patrol
and she is in a neighborhood where she hears a radio call
that there's a dead animal that needs to be picked up in
Center Point or Hunt or wherever, she`ll call in and say
that she'll pick it up. So, she does pick up a few in the
county, but that's -- that's not her duty, Dead animals in
the -- picking up dead animals in the city is a burden on
us, and also there are implications of the health hazards it
presents to our -- to live animals that we handle.
COMMISSIONER LETZ: I think, on that point,
this is kind of going back in line with what we're doing in
some of the other city contracts. I would recommend that if
they want us to do that service, that they pay 100 percent
of that cost, and they pay -- I mean, it would take an
additional, you know, vehicle or some way to -- you know,
to -- offer to them to do it, but they're going to have to
pay it. I think it's the -- the biggest concern I have is
the safety of the animals, the issue of having dead animals
and live animals in the same vehicle. So, if they want us
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percent of the costs for a vehicle, and that vehicle will be
used for dead animals. I think the cost is going to be such
that I can't imagine they're going to want to go that route,
but at least it gives them the option.
COMMISSIONER NICHOLSON: There's one other
thing to consider on it besides the -- the potential impact
on the live animals we pick up. I don't much like it that
our Animal Control officers, by themselves, have to lift a
125-pound axis buck or 200-pound axis buck. I've just about
quit hunting because I don't like to lift the deer
carcasses, And I think you saw the picture in the paper of
Janie with a white-tailed deer in the truck, so --
COMMISSIONER BALDWIN: Yeah, but she can
handle it. You and I couldn't.
COMMISSIONER NICHOLSON: Better than I can.
But in addition to the other issues, that's another one.
It's time-consuming, it's difficult, and it presents some --
we would rather -- Janie and I would rather not pick them
up.
COMMISSIONER LETZ: I understand that, but
I'm saying if the City -- as a negotiating point, if they're
wanting -- you know, maybe it means additional manpower.
Maybe it means additional -- it could be part-time
personnel. 7f there's a question about they want us to do
that service, we can develop a cost to do that, but it's not
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part of pLcking up live animals.
COMMISSIONER NICHOLSON: We need to be
flexible, yes.
COMMISSIONER BALDWIN: If we choose to
discontinue that, how do you see the City handling the dead
animals?
COMMISSIONER NICHOLSON: Street Department,
like our Road and Bridge. That would be my --
MS. ROMAN: I do know that in years past, the
Street Department did pick up dead animals, and I know that
'cause my husband worked for the Street Department for 10
years. Somehow along the way, it just kind of got passed
over to Animal Control, but I don't see that as part of
Animal Control. Our -- our main objective is rabies and
animal control. A dead deer doesn't fall under that.
COMMISSIONER LETZ: That's more of a
safety -- health and safety.
MS. ROMAN: Exactly.
COMMISSIONER LETZ: The City has a Health and
Safety Department.
MS. ROMAN: We don't have the equipment or
manpower, really, to -- to do that. I -- Friday, I picked
up a dead deer that was infested with ticks. That poses a
threat to us, and to my officers also. But my main thing is
that we -- we don't, a lot of times, have time to thoroughly
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disinfect our -- you know, our vehicles when we're so
swamped with calls.
COMMISSIONER LETZ: I think the logical way
~s to use the Street Department, I would agree.
COMMISSIONER BALDWIN: Janie, do you see -- I
mean, you see your function based on the Rabies Control Act,
then?
MS. ROMAN: Correct.
COMMISSIONER. BALDWIN; Not just a -- the old
dogcatcher or get rid of animals type thing. It's based on
a -- a specific law?
MS. ROMAN: Correct.
COMMISSIONER BALDWIN; Okay.
MS. ROMAN: You know, I mean --
COMMISSIONER NICHOLSON: And court order.
MS. ROMAN: Correct.
COMMISSIONER NICHOLSON: Our order for animal
control, leash law, that sort of thing. I have -- Tab 3 has
a proposed contract. The County Attorney has reviewed the
contract. I've probably tinkered with it a little bit since
then, so another review would be in order. The changes that
I'm proposing come primarily under Paragraph 1, Purpose, and
it says we enforce the Rabies Control Act and we enforce the
animal regulations, the court ordinances of the city, except
it excludes four -- four parts of that code I'll talk about
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in a little bit. The third change there is, it does not
include the enforcement of picking up dead animals. And
then Part C is just a catch-all that says we -- we enforce
state laws on Health and Safety Code. And the exclusion of
Section (c) 7, 8, 9, and 10 has to do with not enforcing
parts of the city code that deal with rabbits, chickens and
other fowl.
COMMISSIONER BALDWIN: That was a fowl
statement.
COMMISSIONER NICHOLSON: Yes. Domestic
pigeons and livestock. And these -- these parts of the city
code deal with their requirements for the number of domestic
fowl that you can keep on the premises, specification for
construction of chicken houses, building permits, fence
construction, those sort of things. So I wanted to -- we
have not been enforcing those, but the statement in the
previous contract was overly broad, and it might imply that
we would --
COMMISSIONER LETZ: Okay.
COMMISSIONER NICHOLSON: -- enforce those.
And the other thing that got me on this is we have seen
probably going back a year, I think, Janie, a draft of the
proposed new city code on animals, and it's a lot more
restrictive and detailed than their current code. And there
are parts of that, if they -- should they approve that,
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there are parts of that we wouldn't want to be involved in
enforcement.
COMMISSIONER LETZ: The comment -- go ahead.
COMMISSIONER BALDWIN: Just let me ask a real
quick question. Where can I find Section (c)?
COMMISSIONER NICHOLSON: In the current --
COMMISSIONER BALDWIN: Yes, sir.
COMMISSIONER NICHOLSON: It's on the
unnumbered page between Page 1161 and 1167. Section (c),
titled "Care and Keeping of Animals."
COMMISSIONER BALDWIN: Under Tab 3?
COMMISSIONER LETZ: Tab --
JUDGE TINLEY: 5.
COMMISSIONER NICHOLSON: 5.
COMMISSIONER BALDWIN: Tab 5. Bingo.
COMMISSIONER NICHOLSON: The page just before
Page 1167.
COMMISSIONER BALDWIN: Okay, thank you.
That's all I needed.
COMMISSIONER LETZ: The comment or questions
I had go to -- it's your Paragraph 4, Annual Extensions. I
think that it's a -- you know, every so often, there ought
to be a requirement that -- not just annual extensions; that
maybe every four years or five years, a certain period of
time, that you have to really look at the contract again. I
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think we should be doing that every year. But just as kind
of a -- some language that it has to come before the City
Council and the Commissioners Court, the contract does,
every so often. I think we did that with the Airport Board
contract and some of these others, just so -- that way, we
don't get way out of balance, as we have with some current
contracts with the City. So, I just think that --
COMMISSIONER NICHOLSON: Do you remember what
the airport language says?
COMMISSIONER LETZ: No, I don't. I think
it's every five years, it has to come back before -- before
the two bodies for a formal vote. It doesn't -- you know,
other than that it just annually extends itself
automatically.
COMMISSIONER NICHOLSON: We'll take a look at
that language and decide whether to include that in.
COMMISSIONER LETZ: And the other item is
under item -- or Paragraph 7, and this contract says that
we'll submit the budget by July 1. I think the next
contract we're going to look at with the library says
July 15th. The airport says June 30th, though they've
requested an extension that I -- well, if I have my say,
it'll be denied as to when that will be submitted to the
County -- or the Airport Board. I think we need to
standardize. I think those need to -- all budgets need to
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be submitted on the same date, and I would say June lst. I
think that we're -- what is happening time and again is that
these contracts are coming in and these -- we're getting
these budgets so late in our budget process that it's almost
meaningless. Airport, I'm really hot about that one,
because it's a huge dollar figure this year, and, you know,
they want to just put it off till almost the end of July. I
just think we need to put in a number or a date that's
realistic in every one of these contracts, and stick to it.
COMMISSIONER BALDWIN: I agree with you, sir.
COMMISSIONER LETZ: And I don't -- whether
it's, you know, June 15th, June lst, June 30th, those, to
me, are the dates that I would go with for all of them.
COMMISSIONER BALDWIN: Your airport contract
is June 30?
COMMISSIONER LETZ: Yes. And June 30th is
fine for me. It's basically the same as July 1st, I mean,
but I just think that that gives -- that should -- I mean,
certainly, the County and the City should be far enough
along in the budget process by June 30th of any year to have
a budget -- a proposed budget. And there can always be some
modifications later in the process, but at least you have
something to work from, so I'd go with the June 30th date.
COMMISSIONER NICHOLSON: I agree with you,
and I also agree that I'd like to see some consistency in
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approach between the various contracts. If there's a best
way to do things, then we ought to be following that best
way.
COMMISSIONER LETZ: Right. Other than that,
I think it looks fine. And, you know, having said that,
have we submitted our budget -- proposed budget on Animal
Control to the City yet?
JODGE TINLEY: I'd furnished the -- the
historical information that we had available to us back in,
I think, early May.
COMMISSIONER NICHOLSON: Couple months ago at
least.
JUDGE TINLEY: Maybe late April.
COMMISSIONER LETZ: But did it include a
proposed budget?
COMMISSIONER NICHOLSON: No.
COMMISSIONER LETZ: And I think that what we
need to start doing in future years, I think we, you know,
deal with these entities as much as we can first. I mean, I
don't know how you do it, 'cause there's some things that
are done late in the process, such as salary adjustments,
but at least you could have a -- a proposed or an
anticipated budget, assuming some actuals, and give the
other entity a pretty good heads-up as to where we're going
to be.
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COMMISSIONER NICHOLSON: So, if we're going
to do it by June 30th, the proposed budget should be these
dollars, plus it may go up because there are, you know, some
caveats.
DODGE TINLEY: Personnel.
COMMISSIONER LETZ: Right.
COMMISSIONER NICHOLSON: This is about what
it's going to be, but it could be different.
COMMISSIONER LETZ: 'Cause I can -- and it's
a proposed budget at that point. I mean, I'm certainly --
both entities, when they start doing their budget, they may
have to say, "That proposed budget won't work this year" for
some reason. That's how I look at it.
COMMISSIONER NICHOLSON: Well, I'll make a
motion that we approve this proposed contract, making
changes to Paragraph 4 on annual extensions to -- to require
some periodic reapproval by both bodies, on the order of --
similar to what's in the airport contract, and that on Part
7a, we change budget submission date from July 1 to --
June 30?
COMMISSIONER LETZ: Yes.
COMMISSIONER NICHOLSON: Okay. And that
we'll authorize the County Judge to communicate this
contract offer to the City, and the offer would be for a
sharing of expenses with the City paying 60 percent of the
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budget and the County paying 40 percent.
COMMISSIONER LETZ: And that language -- I'll
second.
	COMMISSIONER	BALDWIN:	Does that include the
dead animal is	sue?		
	COMMISSIONER	NICHOLSON:	Yeah, it's --
	COMMISSIONER	BALDWIN:	Okay.
	JUDGE TINLEY:	It's in	the contract. It
excludes that.	Okay, motion	made and	seconded for
submission of	the proposed c	ontract to	the City of Kerrville
as specified i	n the motion.	Any furth	er question or
discussion?			
COMMISSIONER LETZ: Yes. Under Paragraph 6,
under Consideration, it seems to imply, the way it's
currently written, that there's a fixed amount put in there.
Should we not put that -- the break of the 40/60 percent in
this paragraph, and then fill in that blank as well?
COMMISSIONER NICHOLSON: Yes. So, I'll amend
that motion to -- under Paragraph 6, to include the proposed
60 percent City, 40 percent County formula, and then the
dollar amount would be one-twelfth of their 60 percent.
COMMISSIONER LETZ: And I accept that
amendment.
JUDGE TINLEY: Any further discussion?
COMMISSIONER BALDWIN: And I accept it as
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well.
JUDGE TINLEY: Pleased to know that. 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.
COMMISSIONER BALDWIN: Good work,
Commissioner.
COMMISSIONER NICHOLSON: Thank you, sir.
MS. PIEPER: Does this need to be reworded
before it's signed by the Judge?
COMMISSIONER LETZ: Yes.
JUDGE TINLEY: Let's move to Item 12,
consider and discuss the Butt-Holdsworth Memorial Library
contract between the County and the City of Kerrville.
COMMISSIONER NICHOLSON: Before we get into
the details of the contract, I want to share with you some
of the learnings I've had about the future of the library.
And what I found is that brick-and-mortar libraries are
becoming obsolete. That is to say, libraries as we know
them now are becoming obsolete. Just as the advent of the
interstate highway system and low-cost air fares made
obsolete passenger trains back a half a century ago, the
Internet highway and low-cost computers are beginning to
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make libraries obsolete. It's no longer necessary to go to
a public library for research or to get information. For
many people, that information is available at home on their
personal computer, online.
We have seen that people who are nostalgic
about passenger trains have persuaded governments to spend
billions of dollars to keep a few of them in operation, and
I think that we will see that people who love libraries or
who opt not to join the information age will deny the trend
of library obsolescence and will persuade governments to
either maintain or expand these relics at taxpayers'
expense. Libraries resist the trend toward library
obsolescence in the same way that conductors and train
engineers did 50 years ago, and for the same reasons.
Libraries will try novel approaches to attract patrons who
no longer need the library for the traditional research and
literary pursuits. Libraries will come to resemble Internet
cafes, video arcades, day care centers, and homeless
shelters.
Our library's -- our library's experimented
with schemes to slow the obsolescence curve. An
ill-conceived program to deliver books to the hinterland --
Center Point, Ingram, Mountain Home -- was tried about a
year or year and a half ago, and it failed within three
months. And my calculations indicate it probably cost more
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than $100 to deliver each book during that period, and cost
literary purposes is -- our library's experiencing the dark
side of the undesirable element in our community. It has
seen pornography stashed in children's books, other crimes
committed on the premises, and patronage by the homeless
seeking respite from the weather. All of this suggests that
this Commissioners Court should consider the future of the
library and its utility to citizens when making decisions
about investing tax dollars in the library in the future.
COMMISSIONER LETZ: I'll make a comment. And
I share some of those sentiments, but not all. I think the
-- you know, I think that there is certainly a change in the
role of libraries. I think that there will always be a need
for libraries in all communities, and this community;
however, I think the need is going to -- is going to change.
And I think one of the things that I really commend
Commissioner Nicholson for is kind of really looking at the
whole library picture, and I think it needs to be looked at
in this county. We currently have the Butt-HOldsworth
Library, and I think there's a public library of some sort
in Ingram, I've been told, which I believe is run through
the school in Ingram. Tivy has a library. Center Point has
a library in the schools. One right across the county line;
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there's a public library in Comfort and a library at the
high school and other schools, and then there's a library at
Schreiner University. I do not see the need for that many
libraries. I think there can be a consolidation, a working
together.
I think there is a need to have a place where
people can get books and read. I think there's a -- you
know, a very good system has been developed nationwide and
statewide of loaning books. You know, University of Texas
and A & M, they'll send their books out to virtually any
library around. You know, there's other shared contracts
and agreements with San Antonio and other big cities. So I
think, you know, there's a need to have a place where people
can go get a book and read, but I don't know that we need
six libraries in Kerr County. I really think that there's
some efficiencies that could be gained, and I would really
like to ask, through Commissioner Nicholson, that the
Library Advisory Board seriously loo Y, at consolidating use
to the public of Schreiner University, Butt-Holdsworth, and
the schoo] district libraries. I think that that's where
I'd like to see us go. And I think that -- 7 think it's
already being done to a large extent. I think that all of
those entities are somewhat open to the public, and yet at
the same time we have librarians and administrators in each
one of those libraries, and I don't know that that's
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efficient.
COMMISSIONER NICHOLSON: I agree with
everything you said. We need to -- we need to get a
thorough analysis of the opportunities for doing things
differently and better. And the -- and the Library Board,
particularly as reconstituted, is the right place to do it.
COMMISSIONER LETZ: Right, I think the
Library Board is. And, you know, I think the mayor, at our
last meeting, brought up the possibility of a library
district, and that may be, you know, a way to fund it. And
it may be a way to help the taxpayers and the schools, the
city, the county, and also be able to work with the
university.
COMMISSIONER BALDWIN: I used to use the
memorial library quite a bit. Because of my computer now, I
hardly ever go over there. I mean, I -- I read three or
four, five newspapers a day, and I can do it all right there
online now. And -- but when I did go over there, they
were -- abso]utely excellent care, professionalism. They
were very professional. But I keep hearing -- when this
conversation comes up in my small circles, I keep hearing
the word "Schreiner University Library," and I've always
wondered, are they -- does the university -- are they closed
to the public or are they open to public use? And in that
conversation, people talk about the quality of library it
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is. It's supposedly -- I've never been; I couldn't tell
you where -- I did good to find Schreiner University the
other night. But that it -- that it's absolutely
up-to-date, and they take excellent care of it, and all
the documents in there are up-to-date, and it's just
supposed to be an excellent facility. And I've always
wondered about that, if -- and it kind of piggybacks on what
Commissioner Letz was saying, you know, having -- of course,
we can't control Schreiner College or the high school
libraries and those kinds of things. We have just somewhat
-- not very much control, but we have one vote over the
Butt-Holdsworth	Memorial.	But I	agree	with what	y'	all have
said. You know,	there's -	- the	use of	libraries	is	kind of
a downhill issue, and we sure have a lot of them here.
COMMISSIONER LETZ: To answer part of your
question, based on a conversation I had with President
Summerlin at Schreiner University -- I probably shouldn't
quote the number, and I hope the press won't quote me on it,
but I believe somewhere around 40 percent of the usage of
Schreiner library is from the public, so I know that they --
the public does use that library and is allowed to use that
library. And I -- and it's a substantial usage. And while
we don't -- to go back to another statement you made, we --
you're correct, we certainly don't control anything at
Schreiner University or the school districts. And sometimes
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we wonder if we control anything at Butt-Holdsworth, but
there are things called interlocal agreements where we can
certainly, you know, have an influence on those other
libraries if both parties are in -- so choose.
COMMISSIONER BALDWIN: Well, if -- you know,
if our taxpayers are using another library, you know, y`all
can help me. I mean, don't forget, I grew up out in Hunt.
7 don't think real clear sometimes. But if our public is
using one library and we're putting "X" arnount of dollars in
another library, how -- how does that make sense? It
doesn't.
COMMISSIONER LETZ: Have --
COMMISSIONER BALDWIN: So where are we with
-- how much do we fund -- what is our share with the funding
with the Butt-Holdsworth Memorial Library?
COMMISSIONER NICHOLSON: My recollection,
Commissioner, last year we were asked to fund something like
415,000, 408,000. Something aver four.
JODGE TINLEY: 900,000.
COMMISSIONER NICHOLSON: And we funded less
than that. Seems like we funded 385 or something like that.
COMMISSIONER BALDWIN: $385,000 a year.
COMMISSIONER NICHOLSON: And, you know, costs
of everything's going up. I would not be surprised to get
a -- a library budget -- operating budget that would be on
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the order of $900,000 this year. And there is some thinking
going on in the community about enlarging the library.
Y'all have seen some preliminary architectural plans for
that. I wanted to say a little bit more about the Internet,
and I don't want to try to pretend that I'm an Internet and
computer guru; I just barely get around on it. But like
Commissioner Baldwin, I can do an awful lot of research and
reading on the Internet. In fact, I get the New York Times
delivered to me by e-mail every morning. Don't read it, but
get it delivered to me.
COMMISSIONER BALDWIN: You're probably the
only guy on your block that gets it.
COMMISSIONER NICHOLSON: I wish they'd put it
out front so people would think I was literate. (Laughter.)
I've gotten into a lot of libraries around the country and
was amazed at how much I could do on the Internet. And,
speaking of the university libraries, it has been a -- a
necessity for universities to have a top-notch library.
That's got -- that was the way the quality of the school was
measured -- one of the ways. I don't know whether -- how
important it was, but at least it was perceived to be
important, and I wonder if that's going to contLnue. I
talked to one of my professor friends and I said, "Are
students using laptops?" And he said, "Every one of them
has a laptop." They come to class, they set their Laptop
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down, open it up, and they even take the class notes on
the -- on the word processing part of it. So, I don't know
how long this -- this library obsolescence curve is. It
could be much longer than I think it is, or it could -- it
could snowball and happen very fast.
COMMISSIONER LETZ: Commissioner, I want to
go back a little bit to the contract, and as I -- I don't
know where I got it, but somewhere I received a copy of a
contract between the City and the County from 1991, which I
believe is the current contract.
COMMISSIONER NICHOLSON: I put it in your
box, I think that is the current contract.
COMMISSIONER LETZ: Question for you.
Paragraph 5p says on or before April 15th of each year,
beginning April 15th, 1991, the Library Director and
representative of the County Commissioners Court, who shall
be designated by the Court before that date, shall meet and
review the financial statement of the library and identify
budgetary needs and discuss proposed library budget for the
following fiscal year. Did that take place?
COMMISSIONER NICHOLSON: Partly. You --
before April 15th, you authorized me to be the County's
liaison, or somewhere around in there you did. Sometime
after that, I wrote the Library Director and said, "I'm
ready to get with you and carry out this part of the
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contract so we can submit a budget to the respective bodies
by July lst, as required by the contract." Rnd I got -- I
didn't get a response. Judge Tinley got a response from the
City that said, "We're not going to do that."
COMMISSIONER LETZ: Okay. Next paragraph
says that we'll receive the proposed budget by July 1st.
Are you aware if the City's going to meet that obligation?
COMMISSIONER. NICHOLSON: I'm not. In last
Tuesday's -- mind you, we had offered to get together and
develop a contract -- a budget. At last Tuesday's meeting,
the Library Director did pass out that 40-, 50-page document
that they prepare every year, and described it as the
proposed, but not approved, budget. And in talking to the
City Manager, I understand that they had a workshop
scheduled --
COMMISSIONER LETZ: Tomorrow.
COMMISSIONER NICHOLSON: -- tomorrow, and
that will be one of the things on their workshop.
COMMISSIONER LETZ: Okay. I guess, you know,
this goes back, you know, for -- only reason I brought these
two points up is that, you know, we've got to come up with a
standardized way, and both sides have to live up to their
obligations. We cannot continue to have terms and contracts
that are just unilaterally ignored by either of the parties.
And I'm not saying the City's the only one that ignores some
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of these provisions; we may have done so as well.
COMMISSIONER NICHOLSON: We have.
COMMISSIONER LETZ: But I think that, you
know, just because we're a governmental entity doesn't mean
we should not folloia the contract that we've signed with
another governmental entity.
COMMISSIONER NICHOLSGN: You've got a -- a
I've tinkered with it since then, so we'1L -- we'll need the
County Attorney to look at it again, Directionally, what
I've done here is tried to take the approach that has been
fairly successful, I think, that the Airport Board took, and
that is to give the Library Board more responsibility and
more authority. So, in Paragraph 4 there, we actually
create a new library board, and we make it a nine-member
board. As is the case with most boards, staggered terms of
employment, and five members shall be appointed by the
County and four by the City. This recognizes that the
county represents all 45,000 people in Kerr County and taxes
them annually in Kerr County, and that City Council
represents 22,000 or so and taxes them, And it also --
instead of having -- what's the term for nonvoting members?
"Nonvoting members," I guess.
COMMISSIONER LETZ: Liaisons.
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COMMISSIONER. NICHOLSON: Or ex-officio.
COMMISSIONER LETZ: Ex-officio.
COMMISSIONER NICHOLSON: That the County and
the City Council will each appoint a regular member of
the -- of the newly created library operations. And then in
Paragraph 5, that the Library Director shall report to the
Library Board. Which is, again, directionally where you're
going with the airport, but you haven't completely gotten
there yet. And then -- I wish Commissioner Williams could
be here, because, as you know, he's done a lot of thinking
about the contract and found a lot of difficulties with it,
and I'm -- these proposals are based on his findings, too.
He wrote a pretty thorough report a year or so ago and gave
it to the then-County Attorney, and part of the concerns
have been that capital expenses and maybe other operating
expenses get rolled into the budget that -- that we did not
intend to pay -- pay for. And so I tried here in Paragraph
6 to make it clear that neither capital expenses for the
library nor operating or capital expenses for ancillary
facilities shall be included in the budget. What I mean is,
7 think I've found we're probably paying costs of the
genealogy part and the history -- whatever it's called. I
think county library employees --
COMMISSIONER LETZ; Are doing the work over
there.
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COMMISSIONER NICHOLSON: -- are working over
deals with the public library only.
COMMISSIONER. LETZ: I'm in favor totally of
the concept actually of doing something, you know, basically
along the lines of what we did at the airport. I think that
the -- and just a -- you know, what worked at the airport,
and what caorked with the City in negotiating that contract,
as opposed to both the City and the County having to approve
the members. That eliminated the issue of the City appoints
some and the County appoints some, and they're kind of
opposed. It's that they're jointly -- you know, one may
be -- the City may recommend three and the County may
recommend three, but the other can, quote, veto if they so
choose, so that both entities agree on the membership of
that board. And that kind of gets rid of any
confrontational-type issue.
The -- the other issue, and we went round and
round on it, the Library Director, of course, reports to the
Library Board. In practice, you get into a real problem
with that if the City is going to be the manager of the --
and the employee has to report to somebody. And you end up
with a contractor-type relationship as to who's going to be
the contractor to operate the library, as we did at the
airport. At the present time, it's set up to be -- or the
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City is the contractor, and the City's basically the
contractor of the library. And because of that setup, the
manager of the airport reports to the City Manager, and I
would suspect that the manager of the library would also
need to report to the City Manager. So -- because they have
to be an employee somewhere for benefit reasons and other
reasons. You know, and then the Airport Board works with
the City Manager if there's a problem, and the Library Board
likewise can work with the, you know, City Manager. So, I
mean, I think that the -- you could use almost exactly the
same r_oncept as we used at the airport to handle the
library, and you've done almost that in what you've proposed
here.
COMMISSIONER NICHOLSON: Perhaps Paragraph 4
really gets us to where I'd like to see us be, where it says
that the Library Board provides oversight of the library
operations.
COMMISSIONER LETZ: Right.
COMMISSIONER. NICHOLSON: So, how about if we
scratch Item 5 and just leave it as --
COMMISSIONER LETZ: Okay. I think that's --
I think you -- I think that that's an issue as to how you
contract to qet that work done. You can get bogged down on
that, and it's not real -- you know.
COMMISSIONER NICHOLSON: No.
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COMMISSIONER LETZ: The purpose here is to
basically get the library run by a library board.
COMMISSIONER NICHOLSON: Now, in what is the
current Paragraph 7, which will become Paragraph 6, rather
than commit to a formula-based payment, I've just said that
we'll make -- we'll pay an amount approved by budget
approved by the Commissioners Court in 12 monthly
installments. That amount could be 50 percent of the total
cost, or it could be something different.
COMMISSIONER LETZ: And the date in Paragraph
6, I'd like to go to a June 30th date as well.
COMMISSIONER NICHOLSON: Yeah.
COMMISSIONER LETZ: I think this is a good --
you know, it's more that -- it really isn't a contract at
this point; I think it's more a conceptual direction, and
any contract has to probably have a lot more in it. But I
think that as a -- you know, I think it would be great for
to us get this to the City and see what their view is, see
if they're willing to directionally go in this direction.
JUDGE TINLEY: Consistent with the
discussions we had on the Animal Control contract and -- and
the discussions there, should not Paragraph 8 be changed to
provide for annual approval also? Rather than automatic
renewal?
COMMISSIONER LETZ: Or whatever the -- every
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so often, it has to be a vote to --
JUDGE TINLEY: Five years or whatever.
COMMISSIONER LETZ: Yeah.
JUDGE TINLEY: But consistent with the other
agreements, whatever that term would be.
COMMISSIONER NICHOLSON: Yeah.
COMMISSIONER LETZ: But I think this is --
directionally, I'd like to see us go in that direction, and
I think this is a -- you need to relay that to the City.
COMMISSIONER BALDWIN: Well, I'd like to
see -- I'd like to know a little bit more about Mayor Fine's
thinking on a library district, what that is. Is it like
the emergency service district, where the public votes to
put a tar, of some sort? I mean, how -- do you know, Judge?
JUDGE TINLEY: I do not.
COMMISSIONER BALDWIN: How that works? If
it -- I'd just like to see that stay on the table, because
there may be something there that is more attractive than
even -- even this kind of thing of us paying money out of
the -- directly out of the taxpayers' coffers here.
COMMISSIONER NICHOLSON: I think we need to
know more about that and pursue it.
COMMISSIONER BALDWIN: Yeah, that's what I
mean.
COMMISSIONER NICHOLSON: It's my
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understanding it takes an act of Legislature. You can
handle that for us.
COMMISSIONER BALDWIN: Do you want it today?
COMMISSIONER NICHOLSON: The first question
I've got about it is, if we do one of those, are the Board
of Supervisors, Board of Directors, whatever it is, are they
elected or appointed? In my limited experience in
government, appointed directors don't serve the taxpayers as
well as elected directors.
COMMISSIONER LETZ: I think that the -- I
mean, the way I look at it is, I'd like to pursue this now,
to get a --
COMMISSIONER	BALDWIN:	Yeah.	We	have --
COMMISSIONER	LETZ: --	board	that	operates
1 t .
COMMISSIONER BALDWIN: We have to do that.
COMMISSIONER LETZ: And then this board would
also be charged -- whoever we put on it would be charged
with looking at the Schreiner University issue, looking at
the taxes -- I mean the library district. But I don't think
we're going to progress real far when we have -- I'm not
throwing stones at Antonio, our Library Manager, you know,
but he's the manager of it. We need an oversight that's
going to look at it outside of the box, and I think a board
will do that, and can look -- you know, can visit with
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Schreiner, can visit with the schools, can look at
legislation. May be required to put together a library
district. And I think until we get a board in place that
has some authority, you can't get any of those things
accomplished, really.
COMMISSIONER NICHOLSON: That'll take an
election, and we -- that may be a good idea, and I would bet
it's a year or two off after some study.
COMMISSIONER LETZ: But I think this can be
worked on relatively soon, and I think, you know, if it's
generally modeled after the airport contract, there's really
no reason that it can't be done relatively quickly, 'cause
it's a similar situation.
COMMISSIONER NICHOLSON: I'll make a motion
that we approve this contract with the following changes:
In Paragraph 4, we'll provide that both the City Council and
Commissioners Court will approve the membership of the
Library Board, deleting the language about appointments, and
Paragraph 5 will be deleted. The other three will be
renumbered. In the new Paragraph 5, the "on or before
July 15th of each year," that will become June 30th of each
year, beginning June 30th, 2006, et cetera. And then in the
old Paragraph 8, now Paragraph 7, we'll add that same
language that we're going to do in Animal Control, that
requires some periodic reapproval, as opposed to just
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continuous rollover.
COMMISSIONER LETZ: I would second it if it's
termed a -- a proposed agreement, as opposed to a contract.
COMMISSIONER NICHOLSON: Good.
COMMISSIONER LETZ: Okay.
COMMISSIONER NICHOLSON: And it would
authorize the County Judge to communicate the proposed
agreement to the City of Kerrville.
COMMISSIONER LETZ: I'll second that.
JUDGE TINLEY: Motion made and seconded as
indicated. Any 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: The motion does carry.
COMMISSIONER BALDWIN: Good work,
Commissioner.
COMMISSIONER NICHOLSON: Thank you, sir.
JUDGE TINLEY: Appreciate your efforts,
Commissioner Nicholson.
COMMISSIONER LETZ: Give you something to
talk about tomorrow in the day-long retreat over at the
City.
COMMISSIONER BALDWIN: If they let him in.
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COMMISSIONER LETZ: Well, I don't mean --
COMMISSIONER NICHOLSON: No, the Judge is
going to carry it over there.
DODGE TINLEY: Hopefully you'll get these to
me in a manner that I can maybe get them over to the folks
at the City today?
COMMISSIONER NICHOLSON: Have we got in the
office -- I'm sure we've got a copy of the airport contract.
COMMISSIONER LETZ: Yeah.
COMMISSIONER NICHOLSON: So I can lift that
language out. Yeah, I'll try to get it to you today, Judge.
JUDGE TINLEY: I appreciate it. Item 13,
consider and discuss approval of resolution favoring or
opposing speed limit increase. I put this on the agenda.
Initially, during the regular session of the Legislature, I
got a call from Representative Hilderbran's office inquiring
about a proposed -- the impact or position of Kerr County on
a proposed increase in the speed limit on Interstate 10 that
passes through Kerr County. As I'm sure most of you know,
there was a proposal to increase it to 75. There's some
areas out west of here that actually have a 75 mile-an-hour
speed limit in the daytime on I-10. The representative was
merely asking what my thoughts on it were, and I indicated
from a personal standpoint that I was concerned that we were
on a break point with traffic density that -- especially
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going from Kerrville east, and the traffic density
increasing as you go towards San Antonio, I had a concern
about increasing the speed limit because of safety. As you
go west, it might be something to -- to consider, but that
generally from a county-wide standpoint, I was concerned
about the safety issue.
I thought that was the end of it. After the
session was over, and actually, I think, before they were
called back into special session, I was contacted again by
the representative's office, and was -- was asked to place
this matter before the Court. I'm not aware that it's on
the governor's call for special session, but I was asked to
do it, and here it is. And the resolution that is attached
is sample only. You'll note that it is from Sutton County,
way to the west, and that is in opposition to a -- a speed
limit increase. Certainly, there's probably lower traffic
density in Sutton County than there is in Kerr County. But
the agenda item was couched so that the Court could fall on
either side of the line, wherever it wishes to fall.
COMMISSIONER BALDWIN: Judge, I -- I have
Interstate 10 -- and I can't remember how far out west it
goes, but if you're coming from that way into here, it's --
you're driving along Interstate 10 running 75, and it turns
into 70 at, I think, the Kerr County line. That's hard to
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pay attention to. But I've -- my big concern's always been,
from a professional point of view, is the interstate highway
designed to handle 75 miles an hour? And so I had a visit
with a -- a retired resident engineer that -- I won't name
him, 'cause there are more than one in this county. And he
assured me that he was comfortable with the fact that
Interstate 10 was, in fact, designed to handle 75, or maybe
even more. So, I'm comfortable with -- you know, if -- I
mean, I'm not sure this is really an issue, but if -- if I'm
asked to vote on this issue, I would certainly vote to
encourage them to raise the speed limit to 75 miles an hour
in Kerr County on Interstate 10.
COMMISSIONER LETZ: I'm a little --
"confused" may not be the right language. All we're doing
would be a resolution one way or the other, but it seems to
me that TexDOT has a pretty firm policy that seems to work
fairly well as to where the -- what they put their speed
limits at.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: And, I mean, I know
trying to get them to change a speed limit darn near takes
an act of Legislature just to get it changed in a little
section somewhere, so I really think they're the
professionals, and I'd rather let them decide what the speed
limit is. If they think the state speed limit's 75, it's
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75. I mean, you know, if they think it's 55, it's 55. I
mean, I -- you know.
COMMISSIONER NICHOLSON: Clay, what do law
enforcement agencies think about 80 mile-an-hour speed
limits?
MR. BARYON: Commissioner, I don't want to
speak for all law enforcement agencies. In fact, I'll just
speak for myself. I have no problem with the 75
mile-an-hour speed limit, except I do want to qualify that
and let y'all know that we're working accidents on the
interstate from about, oh, the Gillespie County line back in
toward Kerrville where you've got the Goat Creek Road exit
and you have that big hill and dropoff at Goat Creek Road.
Sometimes it takes us multiple units to stage and get back
down the interstate to slow traffic down when we're having
to push them down to one lane, because even at 70 miles an
hour, they come around a curve and they're on top of you
real quickly. So, if you boost them up to 75 miles an hour,
when they're coming around these curves -- and a lot of that
area west of here, they come around curves and they're on
top of you. We have to station people quite a ways back to
start letting people start slowing down, sort of let them
know we're going to have one lane, or -- and that's my only
concern about just saying the whole county, let's raise it
up to 75. I think that there are areas of the county -- I
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can't speak for the construction of the interstate, whether
or not it can handle it, but just looking at other factors
besides that, basically just traffic control would be an
issue that I would -- that I would have. 'Cause we have to
be able to slow people down when we do have an accident in
order to -- to work the accident safely. Other than that, I
have no opposition to the increase in the speed limit. I
just think there's certain areas that may not be as safe as
it is in other areas.
COMMISSIONER LETZ: That's kind of what I'm
saying. I feel it's a TexDOT decision. 7 think west Kerr
County, 75 is very appropriate, but I think when you get --
like Clay said, pretty much from Goat Creek east, I'm not
sure 70 isn't too fast. There's a lot of big hills and
corners, and there's huge numbers of accidents in that
segment between, basically, Cypress Creek Hill and Goat
Creek, or -- yeah, Goat Creek. So, I mean, I think it's
a -- I'm much more comfortable letting TexDOT decide what
the speed limit should be, as opposed to letting the
Legislature.
COMMISSIONER BALDWIN: Well, can they make
that kind of decision without legislation, though?
COMMISSIONER LETZ: No, I don't -- I don't
believe they can. I think the current -- the one that
raised it out west, they have to be so far from a -- you
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have to be a cerr_ain population minimum or something like
that.
JUDGE TINLEY: There's a rural designation
that they came up with, and in a rural area, they've
authorized it to go to 75. But --
COMMISSIONER LETZ: But, I mean, that's a --
but, I mean, as someone who just drove all the way across
west Texas a couple weeks ago, there aze areas out there
where it's SS on a road. You know, taking the road that
goes from 285 -- from Fort Stockton to up to Pecos, it's 55
in parts of that road and 75 on parts of that road. I mean,
so I don't know what that -- I mean, I'd personally be in
favor to ]et -- statewide, let it be 75 if that's what
TexDOT thinks a safe speed is.
COMMISSIONER NICHOLSON: I want to ask --
COMMISSIONER BALDWIN: Where did he go?
JUDGE TINLEY: Are you directing the chief
deputy to go round him up?
COMMISSIONER BALDWIN: Don't let him run off,
Clay.
COMMISSIONER NICHOLSON: I want to ask
Commissioner Ba]dwln, does your support for our speed limits
have anything to do with your driving record over the past
couple years? (Laughter.)
COMMISSIONER BALDWIN: Yeah, I'll have to be
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honest. He's gone?
MR. BARYON: He may be across the hall.
COMMISSIONER BALDWIN: I see. Well, the way
I understand it, I certainly wouldn't support this
resolution that's in our packet here.
JUDGE TINLEY: That was sample only. I don't
know that we're required to do anything.
COMMISSIONER BALDWIN: We're probably not. I
don't think it's an issue, to be honest with you. Like you
said, I don't think the governor's going to call 75 mile-an
hour-speed limits in Kerr County.
JUDGE TINLEY: I don't think it made it on
the ca]1. I don't think the cheerleader issue made it on
the call either.
COMMISSIONER LETZ: He might catch a little
bit of heat from the public if he was to put this over
school finance and some other issues.
COMMISSIONER BALDWIN: Absolutely. So,
actually, it's really a moot issue, but it's over. Good
night.
MS. HARDIN: One question. When you change
the speed limit on state roads, then it regulates what the
county speed limit rules are? We -- we recently had one
come to mind that if it was not posted on a county rural
road, that that speed limit on that road was 60. So, does
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this affect --
COMMISSIONER LETZ: I don't think --
MS. HARDIN: -- rural roads in any way?
COMMISSIONER LETZ: I mean, I think that if
it does, I think you -- the counties could easily pass a --
an order that says the max speed limit on any county road is
55 or 60 or whatever. I think the counties have the
authority to --
MS. HARDIN: Maybe that might be something to
look at.
COMMISSIONER LETZ: Yeah. And it may not be
a bad idea -- I can`t think of any county road that the
speed limit's over 55. That I'm aware of, anyway.
JUDGE TINLEY: Should we let Commissioner
Baldwin go try them out?
COMMISSIONER LETZ: Commissioner Baldwin's
driven all these roads. Can you imagine a 55 speed limit --
or higher than 55 on any county road?
COMMISSIONER BALDWIN: No.
MS. HARDIN: Well, the one in question was in
your precinct.
COMMISSIONER BALDWIN: I still can't imagine
it.
JUDGE	TINLEY:	Okay.	Anything further	to
offer on that agenda	item?	Let's mo	ve on. Any member	of
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the Court have anything to go into executive session about?
Okay, hearing nothing --
COMMISSIONER BALDWIN: Gerard, good to see
you.
MR. MACCROSSAN: You too.
COMMISSIONER LETZ: Are you here full-time?
MR. MACCROSSAN: No, we got another guy
starting next week, so he may be here. I'm not sure. I'll
be sitting here temporarily, at least.
COMMISSIONER BALDWIN: Glad to have you.
MR. MACCROSSAN: We'll see how nice y'all
treat me.
JUDGE TINLEY: Well, hang around.
COMMISSIONER BALDWIN: How nice we treat him?
COMMISSIONER LETZ: Yeah.
COMMISSIONER BALDWIN: I was pretty nice just
then.
JUDGE TINLEY: Okay. Let's get to the
approval agenda, if we might. Number one, payment of the
bills.
COMMISSIONER BALDWIN: Judge? I'd like to
make a motion. I move that we pay the bills.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: I have a motion and second for
payment of the bills. Any question or discussion? Let me
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come to item -- or Page 10. Under Environmental Health,
we've got a full-service oil change for $<<^6, and under
Rabies and Animal Control we have the same thing to a
different vendor for $55.
COMMISSIONER NICHOLSON: Maybe it's a
four-cylinder vehicle versus a V-8.
JUDGE TINLEY: Well, it'd likely have to be a
diesel for Rabies and Animal Contro].
COMMISSIONER BALDWIN: Could it be two
vehicles?
JUDGE TINLEY: Well, I suppose it could be.
I guess my point is, we probably need to -- if we're going
to have outside -- outside vendors for things that are
common services, we may want to make sure that we're getting
the best deal and taking advantage of it. That's the whole
point, I guess.
COMMISSIONER BALDWIN: We don't even have the
bills. That makes me want to go eat.
MR. TOMLINSON: They're down at the
Treasurer's office, I guess. They just didn't bring them up
here.
COMMISSIONER NICHOLSON: Crude oil opened at
$60.25 or something like that this morning.
JUDGE TINLEY: Over 60.
COMMISSIONER LETZ: Yeah, over 60 this
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morning. I think it's -- that's a good point. I think -- I
was looking to see -- Clay, of course, left when I needed
him finally.
COMMISSIONER. BALDWIN; He's looking for
Tucker.
COMMISSIONER LETZ: I don't know if the
Sheriff's Department -- the amount of oil changes they make
push this over to where we should be bidding, probably,
anyway, or not. Or put it out for bid. Road and Bridge
obviously does their own. I say obviously; I think they do
it in-house. But it would be a service that it may be
worthwhile going out for bid on, maybe a couple different
vendors.
COMMISSIONER BALDWIN: Or, once again, add a
stall and an employee out at the Road and Bridge and do
county vehicles, like a unit system is supposed to.
JUDGE TINLEY: That would be another option.
COMMISSIONER LETZ: I think it would be,
yeah.
COMMISSIONER BALDWIN: We've only talked
about that every year for the last 20 years.
JUDGE TINLEY: I just came to the party late,
huh? A11 right. One other question on Page 14, the
drainage ditches on Sheppard Rees. And we don't have
anybody from Road and Bridge here. I assume that's where
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the -- some of those very steep inclines, where the edges
were -- were being eroded by the high velocity of the water
coming down and taking the base out and undermining the --
the edge of the asphalt?
COMMISSIONER BALDWIN: I'm sure that's part
of it.
JUDGE TINLEY: I had some -- some residents
out there indicate to me a concern --
COMMISSIONER BALDWIN: Mm-hmm.
JUDGE TINLEY: -- not too long after that
project was completed, and I think there was initially a --
a partial repair that was attempted by Road and Bridge, and
apparently that --
COMMISSIONER BALDWIN: Yeah, the contractor
came back and did a bunch of repair, and then Road and
Bridge came back and did some more repair, or upgrading.
7'm really not sure what this is, to be honest with you.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: But I'm sure it's
related to you.
DODGE TINLEY: I suspect it would be. Okay,
that's all I have. Any further question or discussion? All
in favor of the motion, signify by raising your right hand.
{The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
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(No response.)
JUDGE TINLEY: The motion does carry. Budget
amendments. Budget Amendment Request Number 1.
MR. TOMLINSGN: Number 1 is for Indigent
Health Care. I'm requesting that we increase the budget by
$1,571.05. It's for the expenditures for a third-party
administrator. I have bills in-hand for -- for that
service.
COMMISSIONER LETZ: Is this amount to the
administrator for administration, or is it paying claims?
MR. TOMLINSON: No, it's for administration.
COMMISSIONER LETZ: For administration. And
the amount's just -- how do we do that contract?
Percentage? Or --
MR. TOMLINSON: It's four and a half percent
of the eligible claims that they process.
COMMISSIONER LETZ: So, what you're telling
me is that our indigent health care is ahead of schedule?
MR. TOMLINSON: It's getting there.
COMMISSIONER LETZ: So moved.
MR. TOMLINSON: I really expect to have to
increase the budget for -- for claims before the end of the
year.
COMMISSIONEP. LETZ: Move approval.
COMMISSIONER BALDWIN: Tommy, just a second.
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Tommy, Fund 50, do you declare an emergency with that?
MR. TOMLINSON: Yes.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: That's part of your motion?
COMMISSIONER LETZ: Yes, it is.
DODGE TINLEY: Motion made and seconded to
declare an emergency and approve Budget Amendment Request
Number 1. Any further question or discussion?
COMMISSIONER LETZ: Just a comment. We don't
have any choice, do we?
MR. TOMLINSON: This is a contractual
agreement.
COMMISSIONER LETZ: I mean, we don't have any
choice in cutting off indigent health care.
MR. TGMLINSON: No, we don't.
DODGE TINLEY: I think the current -- the
current state statute prescribes up to 8 percent of the
total budget.
MR. TOMLINSON: Right.
COMMISSIONER LETZ; Just wanted to get that
on the record.
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.)
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JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Did you want a hand check on
that also?
MR. TOMLINSON: No.
JUDGE TINLEY: Okay. Okay, Budget Amendment
Request Number 2.
MR. TOMLINSON: Okay. Number 2 is from the
County Attorney's office. The request is to transfer $400
from Books, Publications, and Dues to Postage. I -- along
with that, I need a hand check for $600 payable to Kerrville
Postmaster.
COMMISSIONER LETZ: Move approval.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 2 and issuance
of hand check for 600 -- $600?
MR. TOMLINSON: $400.
JUDGE TINLEY: $400 to the Kerrville
Postmaster.
MR. TOMLINSON: No, I'm sorry. The
amendment's for four. The check's for six.
JUDGE TINLEY: Hand check for $600 to U.S.
Postmaster.
MR. TOMLINSON: That's right.
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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: The motion does carry. Budget
Amendment Request Number 3.
MR. TOMLINSON: Number 3 is from the County
Clerk to transfer $2,000 from Software Maintenance to
Postage.
COMMISSIONER NICHOLSON: Move to approve.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 3. Any question
or discussion?
COMMISSIONER BALDWIN: This is two postages
in a row. I guess we better take a closer look at that in
the budget.
JUDGE TINLEY: All in favor, signify by
raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Budget
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Amendment Request Number 4.
MR. TOMLINSON: Number 4 is for Barbara
Nemec, County Treasurer, to transfer $282.69 from
Conferences to Office Supplies.
COMMISSIONER LETZ: So moved.
MR. TOMLINSON: It's actually -- this is
payroll checks.
JUDGE TINLEY: Pay for what?
MR. TOMLINSON: Payroll checks
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 4. Any question
or discussion? All in favor of the motion, signify by
raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Budget
Amendment Request Number 5.
MR. TOMLINSON: Number 5 is from the 216th
District Court to transfer $53 from Special Trials to Court
Transcripts.
COMMISSIONER NICHOLSON: Move to approve.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
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approval of Budget Amendment Request Number 5. Any
questions or discussion? All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Budget
Amendment Request Number 6.
MR. TOMLINSON: Number 6 is from the District
Clerk, Linda Uecker. She's requesting a transfer of $201.84
from Capital Outlay and $1,929.36 from Part-Time Salaries.
She's requesting $797.21 to go into Microfilm Records, $500
Miscellaneous, and $105 into Software Maintenance, and
$228.99 into Operating Equipment.
COMMISSIONER NICHOLSON: Move to approve.
COMMISSIONER LETZ: Second.
MR. TOMLINSON: I do also -- I need a hand
check payable to Kerrville Daily Times for $107.95.
COMMISSIONER NICHOLSON: The motion includes
the hand check.
COMMISSIONER LETZ: So does the second.
DODGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 6 and issuance
of hand check to Kerrville Daily Times in the sum of
$107.95.
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COMMISSIONER BALDWIN: Tommy, what does the
hundred and -- what does the Kerrville Daily Times -- where
do they come in this?
MR. TOMLINSON: It's for a publication that
the Court had -- the District Court had done in the paper.
COMMISSIONER BALDWIN: Oh, that's that
miscellaneous issue.
MR. TOMLINSON: Yes.
COMMISSIONER BALDWIN: Okay.
MR. TOMLINSON: There's more to come from
that issue.
JUDGE TINLEY: Any further question or
discussion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Budget
Amendment Request Number 7.
MR. TOMLINSON: Number 7 is for the jail, for
the Sheriff to transfer $63.14 from FICA Expenses to Radio
Repairs.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: So moved -- second.
JUDGE TINLEY: Motion made and seconded for
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approval of Budget Amendment Request Number 7. Any question
or discussion?
COMMISSIONER LETZ: Question. Tommy, why
does the Sheriff always have to submit two pages that say
the same thing?
MR. TOMLINSON: We ask him to sign a copy,
and we just always attach his signature copy to the one that
we do.
COMMISSIONER LETZ: Well, why do y'all do
one? I just -- I mean, I don't understand why we have -- it
appears that his is faxed in.
MR. TOMLINSON: It's faxed. Sometimes it's
hard to read.
COMMISSIONER BALDWIN: Yeah, you can't read
it.
MS. PIE PER: Sixes look like eights lots of
times, so it's easier for me if I can get the original plus
the faxed copy.
COMMISSIONER BALDWIN: Look at the signature.
COMMISSIONER LETZ: Well, couldn't the
Sheriff get these in on time so we don't have to fax them?
COMMISSIONER BALDWIN: That's my question.
COMMISSIONER LETZ: I guess it just -- it's a
small thing, but it seems like we're wasting a lot of paper.
COMMISSIONER BALDWIN: You have 48 deputies,
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48 cars, 48 radios, 48 radars, 48 everything coming in and
out of this courthouse all day long every day, and they
can't hand-deliver one piece of paper, with a signature that
you can't read.
COMMISSIONER NICHOLSON: Does it look like
we're going to have more budgeted for FICA expense than he
needs?
COMMISSIONER BALDWIN: Yes.
JUDGE TINLEY: No.
MR. TOMLINSON: That's generally the rule.
And for the jail, there's so much turnover, and -- and the
fact that, historically, we have never been 100 percent
staffed.
COMMISSIONER NICHOLSON: Yeah.
MR. TOMLINSON: We budget for staffing for
100 percent, and in reality, that's generally not the case.
COMMISSIONER BALDWIN: There's another one.
JUDGE TINLEY: Okay. 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: The motion does carry. Budget
Amendment Request Number 8.
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MR. TOMLINSON: Number 8 is from Road and
Bridge, and this amendment is the projected amount for fuel
for the remainder of the budget year. So, their -- their
recommendation is to transfer $29,000 from Contract Fees
into Fuel and Oil.
COMMISSIONER LETZ: So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 8. 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. Do we
have any late bills?
MR. TOMLINSON: I have two. Both -- both of
them are payable to Gazelle Computers. One's for $900,
service agreement, and the other one is for $750 for service
agreement for May.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of late bills, and I assume issuance of hand
checks?
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MR. TOMLINSON: Yes.
JUDGE TINLEY: In the amounts of $900 and
$750, both payable to Gazelle Computers?
MR. TOMLINSON: Correct.
JUDGE TINLEY: Any question or discussion?
COMMISSIONER BALDWIN: Question. Did -- did
the guru sign off on it?
MR. TOMLINSON: We got it from him.
COMMISSIONER BALDWIN: Okay, that settled
that.
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: I've not been presented with
any monthly reports. Do we have any reports from any of the
Commissioners in their liaison assignments?
COMMISSIONER BALDWIN: Yeah. You know, we
tried to set a -- an EMS workshop -- City/County EMS, and
that fell through due to scheduling over at the city. And I
think that we have landed on a good date. You all should be
notified by now, I think, but Wednesday, July 13th, at
9 a.m. in here will be the EMS workshop.
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COMMISSIONER LETZ: On that -- comment on
that, and kind of an additional -- it appears that these --
we're closer to an agreement with Kendall County.
MR. BARYON: Oh, good.
COMMISSIONER LETZ: To working out handling a
portion of eastern Kerr County as primary responder, which
we should be able to take into consideration in this
contract. And as part of that, I've tossed on the table for
Kendall County a $5,000 fee that we'll pay to Kendall County
to do this, which is basically a per-run -- it's, you know,
kind of tied to a per -- number of calls that Kerrville EMS
is currently making to that area. So, that appears like
that's going to go through finally. And an interesting
thing that came out of that conversation was that Kendall
County contracts as the backup with a private company, and
that private company also does a lot of their transports. I
don't know -- the name of the company is Southern Cross, who
has an office in Kendall County. Might be interesting to
visit with them, 'cause I believe City of Kerrville, under
the Kerrville EMS contract, they do a lot of transports to
San Antonio and elsewhere. Might be a lot more
cost-efficient for us and the City to sub that out to
Southern Cross or some other private entity.
COMMISSIONER BALDWIN: Well, I think that may
be some of the bread and butter for the City, those that
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transfer. They've said that in our hearing before.
JUDGE TINLEY: That's the better-paid portion
of what they do?
COMMISSIONER BALDWIN: Pretty good haul.
JUDGE TINLEY: Seems like I've heard that.
COMMISSIONER LETZ: Well, it's a -- I haven't
looked -- I mean, I'm not sure how it breaks out, but it
also means ambulances aren't available, and also it's
increasing personnel. I wonder if they're looking at the
full cost of what it costs to do those transports and the
personnel, the management and number of ambulances and where
all the ambulances are and all that. It's interesting that
Kendall County has an approach -- they have far fewer
ambulances. Of course, it's a much smaller county, granted,
but that they've opted to use a backup that's a private
company.
COMMISSIONER BALDWIN: If it were me, that's
the way I would do it.
COMMISSIONER LETZ: But, anyway, in our -- as
our EMS liaison, I thought I would bring you up to date on
this issue.
COMMISSIONER BALDWIN: Commissioner Letz,
you're so wise, and I appreciate you so much. Now can we go
eat?
COMMISSIONER LETZ: Sure.
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JUDGE TINLEY: Good work. Good work.
Anything else on those reports?
COMMISSIONER LETZ: It's not done yet. We're
getting close.
JUDGE TINLEY: Talk to him about that. Okay.
Anything from elected officials? Department heads?
Anything else?
COMMISSIONER LETZ: Summer's upon us; 100
degrees this week.
JUDGE TINLEY: We stand adjourned.
(Commissioners Court adjourned at 11:47 a.m.)
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STATE OF TEXAS
COUNTY OF KERR
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 1st day of July, 2005.
JANNETT PIEPER, Kerr County Clerk
____/ n i~~ ______ ___
BY: ~ _ _
Kathy B~anik, Deputy County Clerk
Certified Shorthand Reporter
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ORDER NO.29216
CEBRIDGE INTERNET CONTRACT
JUSTICE OF THE PEACE #4
Came to be heard this the 27"' day of June 2005, with a motion made by Commissioner
Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote
of 3-0-0 the Contract for High Speed Internet for Justice of the Peace #4 with Cebridge,
subject to the conditions set out by the County Attorney and authorize the County Judge
to Sign.
ORDER NO.29217
TRC ENGINEERING
INFORMATION TECHNOLOGY
Came to be heard this the 27~' day of June 2005, with a motion made by Commissioner
Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote
of 3-0-0 the Contract for network configuration evaluation and recommendations for Kerr
County, but in no event shall the fees exceed the sum of $1,000.00.
ORDER NO.29218
CONTRACT AMENDMENT
UNITED OF OMAHA LIFE INSURANCE COMPANY
Came to be heazd this the 27`h day of June 2005, with a motion made by Commissioner
Baldwin, seconded by Commissioner Letz. The Court unanimously approved by vote of
3-0-0 the amended contract to the Administrative Services Agreement of January I, 2005
between United of Omaha Life Insurance Company and Kerr County.
ORDER NO.29219
COSTCO
Came to be heazd this the 27~' day of June 2005, with a motion made by Commissioner
Nicholson, seconded by Commissioner Letz. The Court unanimously approved by vote
of 3-0-0 the approval for COSTCO to set up annually for 1 day in June or July in the
lower level of the Courthouse to re-new memberships from the previous year and/or add
any new employees.
ORDER NO.29220
ROAD NAME CHANGES
Came to be heard this the 27`h day of June 2005, with a motion made by Commissioner
Nicholson, seconded by Commissioner Letz. The Court unanimously approved by vote
of 3-0-0 the road name changes for privately maintained roads in accordance with 911
Guidelines as follows:
Old Name New Name Location
None Shiner Bock Ln. SW off Stowers
None Keller Dr. S Hwy 39 to Marymeade
ORDER NO.29221
LITIGATION RELATING TO
KERB COUNTY JUVENILE FACILITY
Came to be heard this the 27`" day of June 2005, with a motion made by Commissioner
Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote
of 3-0-0 to authorize the County Attorney to pursue litigations against the contractors,
azchitect, and engineer to resolve constructions deficiencies to the KCJF new building.
ORDER NO. 29222
CONTRACT
OFFICE OF ATTORNEY GENERAL
Came to be heard this the 27`~ day of June 2005, with a motion made by Commissioner
Baldwin, seconded by Commissioner Letz. The Court unanimously approved by vote of
3-0-0 the Amendment to the Contract between the Office of the Attorney General and
Kerr County for AG Service for Child Support.
ORER N0.29223
ENVIRONMENTAL HEALTH DEPARTMENT
FLOODPLAIN ADMINISTRATIOR
Came to be heard this the 27`" day of June 2005, with a motion made by Commissioner
Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote
of 3-0-0 directing the Environmental Health Department Manager to deny O.S.S.F.
permits if there is a violation of Kerr County Subdivision Rules and Regulations.
ORDER NO.29224
CONTRACT FOR RABIES AND ANIMAL CONTROL
Came to be heard this the 27`" day of June 2005, with a motion made by Commissioner
Nicholson, seconded by Commissioner Letz. The Court unanimously approved by vote
of 3-0-0 the proposed Contract for rabies and animal control between the County and the
City of Kerrville with changes and to authorize the County Judge to communicate the
contract offer to the City.
ORDER NO.29225
BUTT HOLDSWORTH MEMORIAL LIBRARY
Came to be heard this the 27a' day of June 2005, with a motion made by Commissioner
Nicholson, seconded by Commissioner Letz. The Court unanimously approved by vote
of 3-0-0 the proposed Contract for the Butt Holdsworth Memorial Library between the
County and City with changes and to authorize the County Judge to communicate the
proposed agreement to the City.
ORDER NO. 29226
CLAIMS AND ACCOUNTS
On this the 27`h day of June 2005, came to be considered by the Court various
Commissioners Precincts, which said Claims and Accounts aze:
10-General
14-Fire Protection
15-Road & Bridge
18-Law Library
50-Indigent Health Care
76-Juvenile Detention Facility
TOTAL CASH REQUIRED
$175,055.31
$6,557.65
$68,670.06
$2,261.96
$26,600.13
$18,923.41
$298,068.52
Upon motion made by Commissioner Baldwin, seconded by Commissioner Nicholson.
The Court unanimously approved by vote of 3-0-0 to pay the claims and accounts.
ORDER NO. 29227
BUDGET AMENDMENT
INDIGENT HEALTH CARE
Came to be heard this the 27`" day of June 2005 with a motion made by Commissioner
Letz, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of
3-0-0 to declare an emergency and transfer from Fund #50 Surplus Reserves the
following expense codes:
Offense Code
Description
Amendment
Increase/QDecrease
$1, 571.05
50-641-486 Third Party Administrator
ORDER N0.29228
BUDGET AMENDMENT
COUNTY ATTORNEY
Came to be heazd this the 27`h day of June 2005 with a motion made by Commissioner
Letz, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of
3-0-0 to transfer the following expense codes with a hand check payable to Kerrville
Postmaster in the amount of $600.00
Offense Code Description Amendment
Increase/()Decrease
10-475-309 Postage $400.00
10-475-315 Books-publication-dues ($400.00)
ORDER NO.29229
BUDGET AMENDMENT
COUNTY CLERK
Came to be heard this the 27~' day of June 2005 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Letz, the Court unanimously approved by a vote
of 3-0-0 to transfer the following expense codes:
Offense Code Description Amendment
Increase/ODecrease
10-403-309 Postage $2000.00
10-403-563 Software Maintenance ($2000.00)
ORDER N0.29230
BUDGET AMENDMENT
COUNTY TREASURER
Came to be heard this the 27~' day of June 2005 with a motion made by Commissioner
Letz, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of
3-0-0 to transfer the following expense codes:
Offense Code Description Amendment
Increase/QDecrease
10-497-310 Offce Supplies $282.69
10-497-485 Conferences ($282.69)
ORDER NO. 29231
BUDGET AMENDMENT
216a' DISTRICT COURT
Came to be heard this the 27"' day of June 2005 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Letz, the Court unanimously approved by a vote
of 3-0-0 to transfer the following expense codes:
Offense Code Description Amendment
Increasel()Decrease
10-435-497 Court Transcripts $53.00
10-435-417 Special Trials ($53.00)
ORDER NO. 29232
BUDGET AMENDMENT
DISTRICT CLERK
Came to be heard this the 27~' day of June 2005 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Letz, the Court unanimously approved by a vote
of 3-0-0 to transfer the following expense codes and with a hand check payable to
Kerrville Daily Times in the amount of $107.95
Expense Code
10-450-412
10-450-499
10-450-563
10-450-569
10-450-108
10-450-570
Description
Microfilm Records
Miscellaneous
Software Maintenance
Operating Equipment
Part time Salaries
Capital Outlay
Amount
Increase/QDecrease
$797.21
$500.00
$105.00
$228.99
($1,429.36)
($201.84)
ORDER NO. 29233
BUDGET AMENDMENT
COUNTY JAIL
Came to be heard this the 27`" day of June 2005 with a motion made by Commissioner
Baldwin, Seconded by Commissioner Letz, the Court unanimously approved by a vote of
3-0-0 to transfer the following expense codes:
Amount
Expense Code Description Increase/()Decrease
10-512-453 Radio Repairs $63.14
10-512-201 FICA Expense ($63.14)
ORDER NO.29234
BUDGET AMENDMENT
ROAD AND BRIDGE
Came to be heard this the 27s' day of June 2005 with a motion made by Commissioner
Letz, Seconded by Commissioner Nicholson, the Court unanimously approved by a vote
of 3-0-0 to transfer the following expense codes:
Amount
Expense Code Description Increase/QDecrease
15-611-331 Fuel Oils $29,000.00
15-611-553 Contract Fees ($29,000.00)
ORDER NO.29235
LATE BILLS
Came to be heard this the 27`" day of June 2005 with a motion made by Commissioner
Letz, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of
3-0-0 to issue a hand check payable to Gazelle Computers $1650.00.