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KERR COUNTY COMMISSIONERS COURT
Regular Session
Monday, August 8, 2005
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: PAT TINLEY, Kerr County Judge
H.A. "BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
DAVE NICHOLSON, Commissioner Pct. 4
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I N D E X
August 8, 2005
PAGE
--- Commissioners' Comments 5
1.1 Consider/discuss Local Option Liquor Election
being proposed for Precinct 2, set a special 4zgC
Commissioners' Court meeting September 7, 2005 ~'
to authorize an election 9
1.2 Discuss the way Texas County & District Retirement
System handled previous late filing penalties 16
1.3 Consider/discuss authorizing River Star Arts & %~Z'9~
Event Park to construct an outdoor pavilion 17
1.4 Consider/discuss approval of City of Kerrville z9z9.Z.
Economic Improvement Corporation to provide funding
to River Star Arts & Event Park for construction
of an outdoor pavilion 20
1.5 Consider Application for Floodplain Permit FOS-013
and authorize County Judge to sign same ~ J29,! 23
1.6 Set a public hearing for Revision of Plat for
Tract 39-A of Kerrville Country Estates, Section
Two, Vol 6, Page 109 °~9~'97 27
1.7 Set a public hearing for Revision of Plat for ~~q Zq~
Mosty Pecan Grove Subdivision, Vol 7, Page 295 28
1.8 Consider authorizing closure of Avenue C between
China Street and 1st Street in Center Point on
August 13, 2005, between 8 a.m. and 1 p.m.; 9~
instruct Road & Bridge Department to provide 2.~ ~
temporary blockades and road closure signs 38
1.9 Consider adopting Kerr County policy for emergency
maintenance on roads that become impassable for C+?~a7
emergency service or law enforcement vehicles ~ 40
1.10 Discuss and consider advertising for Request for
Proposals to handle administration of Kerr County
Health Insurance Program 49
1.11 Consider/discuss evaluations of employees that
report directly to the Commissioners' Court 61
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I N D E X (Continued)
August 8, 2005
PAGE
1.12	Consider and discuss status of EBA Lawsuit	66
1.14	Consider/discuss solicitation of Request for	9~'9~
~~
	Proposals for Emergency Medical Service to Kerr	
	County residents	68
1.13	Consider/discuss EMS Contract with the City of %9319
	Kerrville	76, 134
4. 1	Pay Bills Z'g7'~ z9~~ro
-	94
4.2	Budget Amendments ,2,93	95
4.3	Late Bills 24307	125
4.4	Approve and Accept Monthly Reportsz93/~	126
5.1	Reports from Commissioners/Liaison Committee	
	Assignments	130
5.2	Reports from Elected Officials/Department Heads	131
1.15	Reports from the following Departments:	
	Animal Control	---
	Extension Office	143
	Environmental Health	155
	Juvenile Detention Facility	---
---	Adjourned	165
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On Monday, August 8, 2005, at 9:00 a.m., a regular
meeting of the Kerr County Commissioners Court was held in the
Commissioners' Courtroom, Kerr County Courthouse, Kerrville,
Texas, and the following proceedings were had in open court:
P R O C E E D I N G S
JUDGE TINLEY: Good morning. Let me call to
order this regularly scheduled meeting of the Kerr County
Commissioners Court scheduled for this date and time,
Monday, August the 8th, 2005, at 9 a.m. Glad to see
everybody here. We're fortunate to have with us today
Pastor Ron Moore with the Thousand Hills Cowboy Church, and
I'd like to turn it over to him at this time. If you'd
please stand?
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you very much.
COMMISSIONER BALDWIN: Thank you, Ron.
JUDGE TINLEY: Thank you, sir. At this time,
if there's any member of the audience that wishes to be
heard on any matter that is not listed on the agenda -- a
matter that is not listed on the agenda -- you're privileged
to come forward at this time and tell us what's on your
mind. If you want to speak on a listed agenda item, we'd
ask that you wait until we get to that particular item
before you ask to be heard. And as to the agenda items, if
you want to be heard, there's some participation forms at
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the back of the room. We would ask that you fill those out.
It's not essential that you do so, but it helps me to be
sure that when we get to that agenda item, I don't miss you,
and I certainly don't want to do that if you want to speak
on it. If we get to an agenda item and you fail to file a
participation form, find some way to get my attention and
I'll recognize you so that you can be heard on that item,
but if there's any member of the public that wishes to come
forward at this time on a matter that is not listed on the
agenda, well, come forward and let us hear from you.
(No response.)
JUDGE TINLEY: I hear no one or see no one
coming forward, so we'll move on with the agenda.
Commissioner 1, what do you have for us this morning?
COMMISSIONER BALDWIN: Let me think. I'm
going to pass, Judge. Thank you.
JUDGE TINLEY: All right, sir. Commissioner
2?
COMMISSIONER WILLIAMS: Well, we got some
folks in the audience who are going to speak to one of the
agenda items, but on Saturday, there's another group of
folks in Center Point who work real hard for the betterment
of the community, a little group called the Alliance for
Progress, and they -- they raise money all year long, and
they do it for one very basic, good cause, and that's to
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have Christmas for people -- their young people, and some
Pleased to tell
event; enjoyed by about, oh, 200, 300 people in and out all
afternoon long. And I came home coated with grease, because
that's what I was designated to do, cook fish. And I got to
tell you, that's some kind of job. Anyhow, for a good
cause; had a good time, a lot of good folks and so forth. I
will hear from these other folks here in just a few minutes
on the agenda item. Judge, that's all I have.
JUDGE TINLEY: Thank you. Commissioner 3?
COMMISSIONER LETZ: I'm just glad to hear
Commissioner 2 can fry fish, 'cause we'll probably have a
use for him on the Court frying some fish some of these
times coming up. I think the only thing I really have is an
update on Hermann Sons Bridge. It was moving right along,
and then it got kind of delayed for a few days -- a few
weeks. I think it's going to get back in construction
today. Two problems. One was the guardrails; they couldn't
order the guardrails, because of the curve in the bridge,
until the bridge was built. Then they got back-ordered on
guardrails, so the bridge is there, but there's no
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guardrails on it. And the other issue was a little bit of a
right-of-way issue. TexDOT decided to build the approaches
a little bit beyond the actual right-of-ways; however, that
has been rectified. They pulled the road back into what we
actually required, so that issue has been rectified as well.
Other than that, I'll just comment on high school -- or high
school football is getting ready to start in a couple weeks,
and I would recommend everyone join their local booster
clubs, whether it be Tivy, Comfort, Ingram, Hunt, whatever
one. Those folks do a lot of work. I'm bowing out of that
position, at least the Tivy Booster Club, and Guy Overby is
now president. And, anyway, I encourage everyone to join
their appropriate booster club. That's all I have.
JUDGE TINLEY: Commissioner 4?
COMMISSIONER NICHOLSON: Cowboy Camp Meeting
is going on this week out near Mountain Home off Highway 27.
Commissioner Baldwin's been a part of that for nearly the
whole 67 years it's been in existence, so we'll probably see
him out there, and I'll be out there Tuesday evening cutting
onions. I can't fry fish, but I -- they do let me cut the
onions. So, anybody that wants to hear some good preaching
and singing and have some good food, there's a place to go
for that this week. That's all.
JUDGE TINLEY: Thank you. I'm sure some of
you noticed that we made some headway on our State Hospital
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situation with our acute critical care civil commitment beds
redesignated that hospital as for -- being for forensic
patients. It -- it created quite a difficulty for us in
having the availability to handle the residents of Kerr
County and the nearby counties who had a need for the type
of services they offer out there. And going into this next
state budget year beginning September 1, we have 16 beds
allocated. We've been making do with 10 beds, and so we've
got us a pretty good increase. We're still -- still going
to move forward to make an effort to try and get that --
that one ward as a stand-alone operation to be operated by
the local Hill Country Community Center for acute civil
commitment beds.
But thanks to a lot of hard work by
Ms. Werlein with the Hill Country Community Center, the
Executive Director there, and State Representative Harvey
Hilderbran and his staff, and some -- some other folks that
were involved, and we were able to get those 16 beds. And I
can assure you, it's -- it's very, very much needed, and --
and we're real fortunate to have those. And not only will
it save us a lot of money in terms of having to send all of
our patients out, it will be of benefit to the law
enforcement and those that deal directly with those needing
mental health services of being able to handle those
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situations locally. So, when you see Ms. Werlein or
Representative Hilderbran and the staffs -- the staff
persons of those two individuals, thank them for their
effort, because they certainly deserve it.
COMMISSIONER WILLIAMS: Judge, I have one
other quick item, if you don't mind, for the benefit of the
public and the Court. Had a preconstruction conference here
Friday on the Kerrville South Wastewater Project, and the
contractor was in, the engineer was in, and City of
Kerrville was involved, and that's moving along fine. The
contracts are getting the necessary inserts to them and will
be on the County Attorney's desk sometime this week for his
review. And City of Kerrville was here, their Public Works
Department, and they had some input into the project, and
anticipate that Phases 2 and 3 will be underway, I would
think, by the end of this month.
JUDGE TINLEY: Great. Let's move into the
agenda, and first item is Number 1 scheduled at 9:05, and
we're not too far past that. Consider and discuss the local
option liquor election that is being proposed for Precinct 2
and set a special Commissioners Court meeting for
September 7th, 2005, to authorize an election. Commissioner
Williams.
COMMISSIONER WILLIAMS: Thank you, Judge. I
happened to bump into Ms. Stacy Fritz last week, and while
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she was elated to learn the number of signatures that they
had to gather for this particular petition drive, she was a
little dismayed to learn that some of the time she thought
she had to gather them was -- had dissipated and gone
another direction. So, the basis of this agenda item is to
try to give them a little bit more time. But with us this
morning are some of the representatives of this initiative
who would like to speak to the Court and just bring us up to
date, I believe. In the audience is Mr. Ken Wardlaw,
Ms. Fritz, and Junior Fritz. Who's going to be the
spokesperson? The big, tall guy.
MR. WARDLAW: I guess it would be me.
DODGE TINLEY: Mr. Ken Wardlaw. Come
forward, please, sir.
MR. WARDLAW: Good morning, gentlemen. We
have formed a group in Center Point called Citizens for
Progress of Precinct 2. Precinct 2 is kind of the odd
precinct that does not have liquor by the drink; all the
other precincts do. It's our contention that if we can get
this passed, it will be a boon to the precinct. We can get
quality restaurants in Center Point, things like that. It
will increase the sales tax. It will increase the tax base.
We think it will be a win-win situation for everybody. We
have been very diligent in following the exact letter to do
everything exactly correctly. Commissioner Williams has
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been working with us, and the County Attorney has looked at
what we've done. We've had our ad in the newspaper. We've
done -- we have -- we've gotten our original signatures. We
now have the petitions in-hand and we are gathering
signatures as we speak. So, I just wanted to bring you up
to date as to what we're doing and what our intent is, and
it is to bring Precinct 2 in line with the rest of the
precincts in the county so that everybody will be kind of
playing on an even field and we can try to compete and bring
more business to the Center Point area.
COMMISSIONER WILLIAMS: For the benefit of
the Court, Ken, I think it's important that everybody
understand that this is not just for the Center Point area.
This is for the entire Precinct 2, which is a good chunk of
geography, and your initiative has to encompass all of that,
and as many signatures as you can get out there in the
precinct. And if these folks are successful in gathering
the requisite number of signatures, I'm asking the Court
to -- to have a special Commissioners Court meeting on
September 7th for one purpose, and that would be to
authorize an election. Now, they have to have their number
-- correct number of signatures, which is now -- what is the
number?
MS. FRITZ: 1,234.
JUDGE TINLEY: 1,200-some-odd signatures.
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MS. FRITZ: 34.
COMMISSIONER WILLIAMS: They have to have
them in, have to have them certified as to the fact that
they're all signed by people who reside in Precinct 2 and so
forth and so on. And if they -- if they pass that
threshold, then the Court would be asked on September 7th --
which is the last day that we could authorize an election
for November; is that correct, Madam Clerk?
MS. PIEPER: That is correct.
COMMISSIONER WILLIAMS: Okay.
MR. WARDLAW: So that's our intent, 'cause
the precinct is a very big precinct. It includes Comanche
Trace, River Hills, Camp Verde. It's a very big precinct.
So, that's what we're trying to do, is bring that precinct
into line. I appreciate your time this morning.
COMMISSIONER WILLIAMS: I would move approval
of the request to have a special Commissioners Court meeting
for September 7, 2005, on the basis of the correct number of
signatures being certified so we can authorize an election
in November on the special local -- local option election in
Precinct 2.
COMMISSIONER BALDWIN: What time?
COMMISSIONER WILLIAMS: 10 a.m.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
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approval of the agenda item for a meeting September 7th,
2005, at 10 a.m. Any question or discussion?
COMMISSIONER LETZ: Quick comment. I think
Ken went over briefly the amount of effort that's gone into
this. I know I've talked to Lou Bright, General Counsel of
T.A.B.C., and John Steen, Chairman of T.A.B.C., I don't know
how many times. And, for instance, Commissioner Williams
has made it to Austin, and Ms. Pieper's been involved, and
not to mention the citizens in the audience. This has been
a major undertaking, trying to figure out how to do this.
It was no easy task. And I'd just like to thank -- I think
it's something that -- not sure why it happened originally.
Very confusing to look back at the boundaries. I still
don't understand the way it all works, because the boundary
of the precinct has changed every 10 years during this
period, but I'd just like to commend everybody. Y'all have
done a lot of work, and I appreciate it. I think it's a
good move for the county.
COMMISSIONER NICHOLSON: I've got one
question, Commissioner. I could wait till September 7th,
but I'd better ask it now, I think. First, I like
referendum-type elections, local options. If a majority of
the people who are eligible to vote want this, then they'll
tell us that. You talked about the restaurants. Does it --
is there a requirement that a certain percentage of the
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sales has to be food? Or would this election open it up for
alcohol-only sales?
COMMISSIONER WILLIAMS: This election would
-- would allow, if -- if approved by the voters, would allow
on- and off-premise consumption for beer, liquor, and wine
within Precinct 2. And whatever the regulations are in
terms of a restaurant in terms of food versus alcohol, those
are T.A.B.C. regulations, and whatever -- if anybody wishes
to do that, they have to satisfy the Alcohol Beverage Code,
not Commissioners Court, to make that happen. Commissioner
Letz brought up one -- just to illustrate how interesting
this whole process has been, I went through records, and I
know you have, and the Clerk has gone through the records
with me, and it really is interesting to -- when you realize
that back 25 or 30 years ago, I guess, when Precinct 1, 3,
and 4 legalized total consumption on and off premises, for
whatever reasons -- nobody seems to understand why -- the
election wasn't conducted in Precinct 2. And I don't know
why. Maybe we were all asleep that day, I don't know, but
it didn't happen. So, anyhow, that's all my comments.
COMMISSIONER BALDWIN: Let me ask you a
question. Ken brought up River Hill. Don't they serve
liquor by the drink there?
COMMISSIONER WILLIAMS: Yeah, country clubs
come under a separate -- special set of A.B.C. regulations.
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They can function --
COMMISSIONER BALDWIN: Same with the other
one?
COMMISSIONER WILLIAMS: Yeah, same with
Comanche Trace. They're sort of exempted from the routine
of what we established for a package store or a restaurant
and so forth and so on, so they're under a separate set of
rules.
COMMISSIONER LETZ: Currently, as I
understand it, whenever -- after a prohibition-type period,
and he started running through all of that, the State pretty
much said beer statewide, and then it was up to each
precinct to modify that, and Precinct 2 never did anything,
so they're just under the old state law. But you either had
to be proactive and get rid of beer or proactive and go
beyond beer. So, there is beer sold in Precinct 2, but no
wine or liquor.
COMMISSIONER WILLIAMS: And as a result of
redistricting over the years, you know, the boundaries of
the precinct change. That alters the situation as well, and
you have some occurring just on the boundaries, where it's
grandfathered in. So, that's the story.
COMMISSIONER BALDWIN: Does this address
inside the -- inside the City of Kerrville?
COMMISSIONER WILLIAMS: Anything -- anything
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in Precinct 2.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER WILLIAMS: I believe -- I
believe that overrides --
COMMISSIONER LETZ: Yes, it does.
COMMISSIONER WILLIAMS: Yeah, it does; it
overrides it.
JUDGE TINLEY: Any further questions or
comments on the motion? All in favor of the motion, signify
by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(NO response.)
JUDGE TINLEY: That motion does carry. Thank
you folks for being here today.
COMMISSIONER WILLIAMS: Thank you.
MR. WARDLAW: Thank you.
JUDGE TINLEY: The next item on the agenda is
to consider and discuss the way Texas County and District
Retirement System handled the previous late filing
penalties. Commissioner Letz?
COMMISSIONER LETZ: I put this on the agenda,
I guess, after two meetings ago the subject came up.
Originally, I stated at that meeting we'd try to get someone
from T.C.D.R.S. down here; however, they sent a letter, and
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I think their letter pretty much explains how they handle
it, and it's somewhat self-explanatory. I mean, basically,
any -- it just -- when they recalculate -- as I understand
it, when they recalculate the rate that goes into the
retirement system, the -- any penalty that is not paid is
absorbed out of that rate, and so it's -- you know, it's not
coming directly out of -- certainly, out of any employee's
contribution. This comes out of the County's contribution,
and that's the way it's handled. So, I just put it on the
agenda, as I said I would, to clear this up.
JUDGE TINLEY: Any other questions, comments,
or action on that item? If not, let's move forward. Item
3, consider and discuss authorizing the River Star Arts and
Event Park to construct an outdoor pavilion. Commissioner
Williams.
COMMISSIONER WILLIAMS: We've had some
discussions, Commissioner Letz and I, with Mr. Miller,
Executive Director of the Texas State Arts and Crafts
Educational Foundation with respect to River Star Arts Park,
who they are, what they are, and what they expect to be when
they grow up. Mr. Miller?
MR. MILLER: Good morning. Thank you. Judge
Tinley and Commissioners, thank you for letting me come talk
to y'all this morning. We've been in the process for the
last two years of building River Star Arts and Event Park
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adjacent to the Hill Country Youth Exhibit Center. We've
really got most of the groundwork done and utilities and
that sort of thing. It is time to start doing a building on
the site. We've got two buildings planned in the future.
This is the first one, which would be a 4,000-square-foot
very plain, simple pavilion; just metal roof, concrete slab,
lights and fans facility. Under my contract with the
County, I need you-all's permission to build this, which is
the reason we're here on this item this morning. I've
provided you with some information there on what our
investment is to-date in the -- in the park. It's a little
over a half million dollars at this point. That worksheet
also shows you where those funds came from and what we have
done with them. Additionally, there's a letter from the
Kerrville Convention/Visitors Bureau from Sudie telling
about how she feels that pavilion will help her in marketing
Kerrville and Kerr County. And there's just a kind of a
little tick list of things we see as the advantages to the
County and the City of having a covered pavilion in that
location.
COMMISSIONER BALDWIN: Bob?
MR. MILLER: Yes, sir?
COMMISSIONER BALDWIN: Under your Needs and
Uses, the little -- one of the bullets says theater seating
for 400 for speakers or musical entertainment.
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MR. MILLER: Yes, sir.
COMMISSIONER BALDWIN: That includes
bluegrass music, does it not?
MR. MILLER: For your benefit only, sir, we
would be more than happy --
COMMISSIONER BALDWIN: I'll vote for this.
MR. MILLER: -- to have additional bluegrass
concerts.
COMMISSIONER BALDWIN: I'll vote for this
one. (Laughter.)
MR. MILLER: Okay.
COMMISSIONER WILLIAMS: Also doesn't cost us
any money.
COMMISSIONER BALDWIN: Yeah, I like that
part. I really like the next agenda item.
COMMISSIONER LETZ: I move approval.
COMMISSIONER BALDWIN: Second.
COMMISSIONER WILLIAMS: Second.
COMMISSIONER BALDWIN: I'm sorry.
COMMISSIONER WILLIAMS: That's okay.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. 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.)
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JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
MR. MILLER: Thank you, gentlemen.
JUDGE TINLEY: That brings us to the next
agenda item, which is kind of a companion item. Consider
and discuss approval of the City of Kerrville Economic
Improvement Corporation to provide funding to River Star
Arts and Event Park for the construction of an outdoor
pavilion.
COMMISSIONER WILLIAMS: Give that to
Commissioner Letz.
JUDGE TINLEY: All right. Commissioner Letz?
COMMISSIONER LETZ: I think the plan of River
Star Arts and Event Park is to go to E.I.C. to get funds to
do that. Technically, this facility will be located in the
county outside of the city limits, and as we did recently on
another project, we have to be proactive and let E.I.C. know
that we will accept funding in the county, allow them to
fund an item in the county, whatever the verbiage may be.
So, we put this on the agenda as a separate item, and that's
what it does. Anything to add?
MR. MILLER: This is a little bit of jumping
the gun on my part. I'm trying to get the letter before we
go to E.I.C., just to cut the time frame down of all the
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paperwork. I understand once -- if they give us approval,
that we've got to jump through all these hurdles before we
get started. We're trying to get this built before winter.
COMMISSIONER BALDWIN: In my mind, this is
exactly the type of project that E.I.C. money should be used
for.
MR. MILLER: I agree with you there, sir, in
the same manner that you agree with bluegrass concerts.
COMMISSIONER BALDWIN: Bluegrass -- okay,
we're in agreement here. But I just think it's important
that everybody understands that that's the way we think,
that it's economic development. This is economic
development.
MR. MILLER: Well, and this does even a
little bit more than helping Sudie. We've become a real
adjunct to the Hill Country Youth Exhibit Center. This
gives us an outdoor pavilion that can be used in conjunction
with activities over there. The current plans are to build
it right adjacent to the rodeo arena, and we can see it
being used in conjunction with things being done at the
rodeo arena. In fact, we've talked to the Extension Agent
about how we would gate that so that things could be --
would flow from the arena on over to the pavilion.
COMMISSIONER WILLIAMS: Your estimated cost
for the pavilion is, I think, about $100,000?
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MR. MILLER: Yes, sir.
COMMISSIONER LETZ: You will provide a letter
for the Judge to sign at a future date? As I recall, don't
we need a specific letter, Judge? Didn't we the last time
when we did that?
JUDGE TINLEY: There needs to be specific
authorization from the Commissioners Court for anything out
in the county for the applicant to go forward to E.I.C.,
whether it's in the nature of a court order or a letter, or
a combination of both.
COMMISSIONER LETZ: I'll make a motion to
approve the agenda item and authorize the County Judge to
provide this information to E.I.C. or Mr. Miller at the
appropriate time.
MR. MILLER: Thank you.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item, and authorizing the County
Judge to provide the appropriate documentation on behalf of
the Court when requested. Any further question or
discussion on this agenda item? All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
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JUDGE TINLEY: The motion does carry. Thank
you, sir.
MR. MILLER: Thank you, gentlemen, for your
support. We appreciate you.
JUDGE TINLEY: The next item that we have on
the agenda is to consider an application for floodplain
permit F-O5-013 and authorize the Judge to sign the same.
Mr. Odom?
MR. ODOM: Thank you, Judge. Attached is a
copy of the floodplain permit that the Judge has referred
to, F-OS-013, for the bridge built across Third Creek to
connect two parcels of land owned by Kerr County known as
Flat Rock Park. At this time, we ask that the Court approve
the application for the floodplain permit and authorize the
Judge to sign the same. It's a technical -- I have to sign
off on it, but if I can have the Judge to sign the
application as the applicant, then I can sign off on it. We
have a no-rise certificate, and we thought that was the
appropriate thing to do; instead of my signature on both of
them, having the Judge authorize it.
COMMISSIONER WILLIAMS: I would move
authorization of the application for floodplain permit
F-OS-013 for a bridge in Flat Rock Lake Park.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded. I
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assume it includes the authorization for --
COMMISSIONER WILLIAMS: And authorization for
the County Judge to sign it.
JUDGE TINLEY: Okay. Any question or comment
on the motion?
COMMISSIONER WILLIAMS: I do have a question
of Mr. Odom.
MR. ODOM: Yes, sir?
COMMISSIONER WILLIAMS: I noticed some work
going on down there now, Len, in terms of site preparation
for --
MR. ODOM: Site preparation.
COMMISSIONER WILLIAMS: -- abutments and so
forth.
MR. ODOM: That's correct.
COMMISSIONER WILLIAMS: And is there anything
beyond that taking place?
MR. ODOM: At this point, no. We're trying
to get some contractors to give us some bids. It's
difficult to get -- there's so much work going on, and we
thought we had a person that would do it, but the State --
the State pulled the project in Comfort there for a while,
and so that's been on hold. We have a gentleman coming
tomorrow to look at it to see if I can push it up to get a
reasonable bid on the thing, so right now we're sort of in
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limbo trying to get that drilled and poured in place.
COMMISSIONER WILLIAMS: What you just said
and what Commissioner Letz said earlier would indicate that
the -- the rail cars that make up the temporary bridge at
Hermann Sons will be a little bit delayed in coming our way.
MR. ODOM: That's probably true, sir. At
least another 30 days. Sometime in September is the way
we anticipate it. That's what I was told by Dean Word. I
have had the gentleman that was in charge of the project --
took him down there and showed him exactly where I wanted
those rail cars placed, and they should take care of it, but
at this point they`re probably another 30 days off before
they complete the project.
COMMISSIONER WILLIAMS: Okay, thank you.
JUDGE TINLEY: That was the question I had.
Commissioner Letz mentioned the -- the guardrails for the
bridge being back-ordered, and until that bridge is
complete, I assume they're not going to want to lift those
cars out of there.
COMMISSIONER LETZ: That's correct. I
wouldn't be surprised if it was closer to 45 to 60 days,
'cause it's going to -- I mean, it's going to take some work
to get those cars out of there, 'cause Leonard put them in
pretty solid last time.
MR. ODOM: Right. And even if it is open
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now, it will take them a while to get that. And I've tried
to work with them to explain where we're at, and I -- when
we get to that point, we'll be back down there to show them
how we placed them in. But we'll get it -- we'll get them
up here.
JUDGE TINLEY: We have a motion and a second.
Any further question or comment? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's
move on to Item 6, if we might. Set a public hearing for
the revision of plat for Tract 39-A of Kerrville Country
Estates in Section Two, recorded in Volume 6, Page 109 of
the plat records.
MR. ODOM: This is a revision of plat being
done under the alternate plat process, thereby eliminating
the need for a concept plan or a preliminary. There will
still need to be a notice published and a public hearing or
final approval by the Court. We ask the Court to set the
public hearing for September 12th, 2005, at 10:05 a.m.
COMMISSIONER WILLIAMS: Leonard, I notice on
this one, as in the following one, that, again, we're not
putting the precincts on the agenda item. For those of us
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who may not be too familiar --
MR. ODOM: Sir, I'm sorry. I missed that.
COMMISSIONER WILLIAMS: On the next one as
well.
MR. ODOM: This should be -- this is in
Precinct 1, and then the next item is in Precinct 2.
COMMISSIONER WILLIAMS: All right. I
recognize it.
JUDGE TINLEY: And you're requesting a public
hearing on Kerrville Country Estates for when?
MR. ODOM: September the 12th at 10:05 a.m.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
public hearing on revision of plat for Tract 39-A of
Kerrville Country Estates, Section Two, for September the
12th, 2005, at 10:05 a.m. Any question or comment on the
motion? All in favor of that motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Item 7
is to set a public hearing for the revision of a plat for
Mosty Pecan Grove Subdivision in Volume 7, Page 295 of the
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Plat Records, being located in Precinct 2.
MR. ODOM: Correct, sir. This is also a
revision of plat under the alternate process -- plat
process. Needs to be a notice published and a public
hearing and final approval. We ask the Court to set the
public hearing for September the 12th, 2005, at 10:10 a.m.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded to
set a public hearing for the revision of plat for Mosty
Pecan Grove Subdivision located in Precinct 2 for September
the 12th, 2005, at 10:10 a.m. Any question or comment on
the motion?
COMMISSIONER LETZ: I hate to even ask a
question on this one. This has been before us so many
times, but I take it the sale of the previous -- to our
knowledge, anyway -- I mean, I understood the last time we
approved this that all those lots had been sold.
MR. ODOM: That was my impression too, but I
didn't get into it. I -- at this point, I'll be working on
that plat with him to find out the particulars. I -- I
would assume that something came up about -- my speculation
is water.
COMMISSIONER WILLIAMS: Well, let me see if I
can enlighten the Court and you a little bit about it. I've
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had discussions with the gentleman who -- Don? You may want
to step forward just a little bit.
MR. EICHLER: Okay.
COMMISSIONER WILLIAMS: Since the Court
approved the plat, whenever we did that, a month or so
ago -- sip weeks ago, I guess, this gentleman has determined
that he'd like to purchase more than 1.77 acres that
originally we -- we broke off of that whole 14-acre tract.
And you may recall we had some restrictions on that
1.77 acres that disallowed building a dwelling and drilling
a well. And, so -- Don, what is your last name?
MR. EICHLER: Eichler.
COMMISSIONER W7LLIAMS: Eichler?
MR. EICHLER: E-i-c-h-l-e-r.
COMMISSIONER WILLIAMS: Mr. Eichler is the
intended purchaser, right? You have an option to purchase,
or you have purchased?
MR. EICHLER: I have a purchase contract.
The situation arose where, when we contracted to buy this
property, the, oh, 14.9 acres or whatever's in that, the
party buying the eastern portion of that, the larger
portion, decided that he didn't want that much land. So,
all we're requesting is to move that property line just east
to encompass a 5-acre tract rather than a 1.7. And -- now,
I don't know what y'a p 's rules are on public hearing on
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moving a lot line, but -- encompassing more property in that
lot, but it's -- we've been dealing with this since
February. And I know this revision don't have anything to
do with what we've done in the past, but to increase that
lot size, it seems like it's pretty long and drawn out.
COMMISSIONER WILLIAMS: Are you just
intending to purchase Lot 2, which is 5 acres?
MR. EICHLER; That's correct.
COMMISSIONER WILLIAMS: Or are you intending
to purchase the entire thing?
MR. ETCHLER; Just Lot 2. Lot 1 tract is
sold to the Pam White Family Trust, and we're going to have
a simultaneous closing on it.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: And that -- the answer to
your question is, if this had been done the first time as we
recommended, you wouldn't have had to go through this
process.
MR. EICHLER: That's true. I understand
that. But we just -- I didn't know that the man decided he
wanted to sell more, and we wanted to buy more, and our
process has changed and reasons for buying it have changed.
COMMISSIONER LETZ; Okay.
MR. EICHLER: And my property where I live
is -- almost joins it; it's, like, 15 feet away from the
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property.
COMMISSIONER LETZ: And your access to the
property is going to be off Highway 27?
MR. EICHLER: Highway 27 and J.J. Lane.
COMMISSIONER LETZ: Not off J.J. Lane. No
access permitted on J.J. Lane.
MR. EICHLER: That's part of the owned
private road part, is J.J. Lane.
COMMISSIONER LETZ: Nope. There's a
provision on this, it's not going to be modified -- unless
that lane gets modified, there's no access to either of
these lots off J.J. Lane, as I recall. Is that correct,
Mr. Odom?
MR. EICHLER: I know that was a statement on
Lot 1, but it didn't reflect that on Lot 2, and I know we're
changing that. But --
COMMISSIONER LETZ: Lot 2 was a nonbuildable
lot at that time. Now you're making this a buildable lot.
MR. EICHLER: Right. Can you give me the
reasons behind the Court's decision on no access on a
private road that I own -- would own part of?
COMMISSIONER LETZ: Because the same -- well,
the logic was that for this to go through the Court, at that
point that road would have to be brought up to county
standards, and the residents do not want to do that.
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MR. EICHLER: That's correct.
COMMISSIONER LETZ: Over my objection -- I
voted against this originally -- it was decided that no
access off this whole subdivision would come off J.J. Lane,
and there's a provision to that effect.
MR. EICHLER: That's not our intention to
come off there, but to have access means to drive down it
and drive onto our property, and that's access. And we
would have to pull out, drive down on the highway. Now,
J.J. Lane is a -- right now is a 30-foot private easement.
Currently, they use -- there's a picture of it. They
just -- they use 10 feet of it. If there was more roadway
needed, and the private people could come together on a
maintenance agreement, they could increase the size of that.
Highway 27 right directly in front of my house has 15-foot
travel lanes. That's all it has, 15 foot, Highway 27.
We've got 30-foot right-of-way here. China Street out to 27
has 11-foot lanes, with a 28-foot overall paved,
shoulder-to-shoulder, including the shoulder part. And
we've got siY people that currently live down this property,
maybe seven, and they don't use any more than what's here.
I don't see -- I don't see the point on --
COMMISSIONER LETZ: Sir, all I can say is,
the point is that we have subdivision rules in this county,
and if we allow this subdivision to be done with a waiver,
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that will open the door for every other subdivision in the
county to do the same thing and not follow our rules.
MR. EICHLER: But does that change it from a
private road?
COMMISSIONER LETZ: Yes -- it doesn't make
any difference. Our Subdivision Rules are very clear,
whether it's a private road or a public road or a
county-maintained or any -- any character, the road will be
built to county standards.
MR. EICHLER: How about the existing roads
that are, like, in the little subdivision on Tallwood and
Booster, and I think the other one's called Boxwood?
That -- the lanes are, like, a lot less than that.
COMMISSIONER LETZ: They're grandfathered, as
J.J. Lane is grandfathered right now. But once they -- once
it is changed and a new person or a new lot is given access
to that road, that opens it up, you know --
MR. EICHLER: Yeah, I know that there was a
request by Commissioner Williams that there be more
right-of-way dedicated down that road, but it wanted to
come -- to service the people that live there, they wanted
to take the whole 30 foot off my property, and none of that
off the existing people's property that would best be served
by that, if they ever needed more than one lane.
COMMISSIONER WILLIAMS: Well, as you and I
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discussed it when you first brought it to my attention, it
is not the folks who have those individual lots on the south
side of J.J. Lane -- they're not the ones petitioning for
something to happen.
MR. EICHLER: I understand that.
COMMISSIONER WILLIAMS: It is you and/or
Mr. Mosty and/or whomever else who is purchasing that
property are asking for the change to take place in the lot
line.
MR. EICHLER: My final point on the whole
thing is that if that property is ever developed, whether
it's by me or someone else, for residence or commercial, the
Court has to approve that subdivision, right?
COMMISSIONER WILLIAMS: Mm-hmm.
MR. EICHLER: If it's resubdivided --
COMMISSIONER WILLIAMS: If it's going to be
other than the way it's being proposed.
MR. EICHLER: Don't you have control at that
time? If somebody comes in there and builds a restaurant or
a motel or a hotel or six houses or whatever they're going
to do, don't y'all have to approve that at that time?
COMMISSIONER WILLIAMS: If they're going to
build a structure or structures that require water and
septic, we're going to have some -- we're going to know
about the details about that.
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MR. EICHLER: Yeah.
COMMISSIONER WILLIAMS: Whether it's
commercial or whether it's residential.
MR. EICHLER: But my point is that, wouldn't
you have to approve the subdivision -- resubdivision?
COMMISSIONER LETZ: They're going to ask for
a waiver just like you are.
COMMISSIONER WILLIAMS: Unless it's dealt
with now.
MR. EICHLER: Why don't you have us do that
at that time rather than restrict it up front?
COMMISSIONER LETZ: What I'm saying is, once
we go down the road of giving a waiver on this --
MR. EICHLER: I'm not asking for a waiver.
COMMISSIONER LETZ: Yes, you are. You will
be.
MR. EICHLER: I'm just asking for access off
of J.J. Lane to my own property; that 15 feet of that is my
property.
COMMISSIONER LETZ: I understand, but there
is a -- a note on this plat right now that will not permit
you to use J.J. Lane to access this lot.
MR. EICHLER: Off Lot 1.
COMMISSIONER LETZ: So for you to do that,
you will either be in violation, or you're going to have to
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come to the Court with a waiver on this revision.
MR. EICHLER: If I drive my riding lawnmower
across there to mow the yard grass, I'm in violation of the
law.
COMMISSIONER LETZ: That's exactly -- as I
understand the law, yes.
MR. EICHLER: That's pretty ridiculous.
COMMISSIONER LETZ: Well, it was ridiculous
that we approved this the first time, in my opinion.
MR. EICHLER: I understand that. But I
thought it was ridiculous then --
COMMISSIONER LETZ: It's --
MR. EICHLER: -- to have required 60 feet of
roadway that's being utilized for 8 -- for 10 feet.
COMMISSIONER LETZ: We were -- we actually,
as I recall, offered a number of accommodations that were
much less than that right-of-way. We also offered
accommodations -- or for the road not to have to be upgraded
at this time, and the developers declined every overture we
made.
MR. EICHLER: I don't know who you made it
to, but I never did receive that.
COMMISSIONER LETZ: To the person who owns
the property currently.
COMMISSIONER WILLIAMS: Whoever came in
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representing Mr. Mosty, that's to whom we made the
representations.
COMMISSIONER LETZ: I mean, you know, it's --
I'm just one Commissioner.
MR. EICHLER: I still don't understand the
position of the Court, to restrict access up and down that
lane to the property owners that own it, when the people
that live there -- there's no maintenance agreement.
There's one maintenance agreement on that road established
and reported, and that's between Mr. Mosty and Robert Legion
that owns one residential tract down there, and he has
recorded permission to maintain that roadway in front of his
house.
COMMISSIONER WILLIAMS: Well, the question
before the Court today is to set a public hearing, and
they're going to do that for September the 12th. All of
these -- all these details and all this debate really
belongs in the public hearing, or at that time. And I -- I
honestly believe that if you and whomever, Mr. Voelkel or
whomever represents you -- and maybe you're just doing it
yourself -- if you were able to sit down out at Road and
Bridge with Mr. Odom and any other Commissioner who wants to
get involved in it, there may be a solution. But right now,
as I indicated to you when you came to talk to me to begin
with, I said that was an issue the last time, and don't be
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surprised if it comes up again. And, sure enough, it's come
up again.
MR. EICHLER: Well, I would recommend it be
approved; it was approved last time. And not -- not
changing it again here in the middle of the stream.
JUDGE TINLEY: Any further question or
comments on the motion to set a public hearing? 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. Let's
move to the next item, Number 8. Consider, discuss, and
take appropriate action to authorize closure of Avenue C
between China Street, State Highway 1350, and First Street
on August the 13th of this year between the hours of 8 a.m.
and 1 p.m., and instruct Road and Bridge Department to
provide temporary blockades and road closure signs.
Commissioner Williams.
COMMISSIONER WILLIAMS: Thank you, Judge.
This is the second year that I'm aware of that the First
Baptist Church of Center Point has its little avenue block
party, and which the whole express purpose is to raise money
for school kids supplies and so forth. Am I right about
that, Kathy? Is that correct, that's the whole purpose? I
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asked Kathy because she's a member of that church. And so I
asked them to just give us a letter indicating that. We did
it last year. Road and Bridge graciously accommodated the
request, and I would move that we authorize Road and Bridge
to provide the temporary blockades and closure signs, and
that we allow First Baptist Church to close China Street --
Avenue C between China, 1350 and whatever, China -- whatever
I got down there. Closure of Avenue C between China Street
and First Street on August 13th from the hours of 8 a.m. to
1 p.m.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Any question or comment?
COMMISSIONER LETZ: Question. This isn't for
the chicken race?
COMMISSIONER WILLIAMS: No, that comes up
later.
COMMISSIONER LETZ: All right
COMMISSIONER WILLIAMS: That comes up next.
JUDGE TINLEY: That would be the second
annual international --
COMMISSIONER WILLIAMS: Yeah, international.
JUDGE TINLEY: -- chicken race?
COMMISSIONER WILLIAMS: Chicken race in
September. World-class event.
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JUDGE TINLEY: A little cooler weather. Any
further question or comment 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 item on the agenda is to consider, discuss, and take
appropriate action to adopt a Kerr County policy for
emergency maintenance on roads that become impassable for
emergency service or law enforcement vehicles. Commissioner
Williams?
COMMISSIONER WILLIAMS: As a result of our
last discussion -- while Commissioner Baldwin was relaxing
up at wherever it is he was relaxing, we had this discussion
and pretty well hacked out the parameters of it, and it was
left to me to draft a policy statement. I've done that,
included it in your packet. Commissioner Letz and I talked
about it, and we made some refinements to it, but
essentially this would be the policy that would be followed
by Road and Bridge in the event of a -- of a situation where
a road that is not on the county-maintained list became --
was alleged to be impassable for law enforcement or
emergency service vehicles. And, so, the basic -- the basic
scenario is that if that becomes in question, Road and
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Bridge dispatches a Sheriff's deputy out to look at the road
and check it out. If the road is, in fact, impassable, then
Road and Bridge will take whatever steps necessary to make
it passable for the purpose of emergency and/or law
enforcement on a one-time basis, and not to be construed as
being a permanent solution, but a one-time emergency-type
situation. I'd move adoption of the policy.
COMMISSIONER NICHOLSON: I'm going to second,
and I've got some comments.
JUDGE TINLEY: Motion made and seconded for
approval of the policy as incorporated in the agenda item.
Any question or comments?
COMMISSIONER NICHOLSON: Yeah. I'm thinking
about the Sheriff's determination about what is passable or
minimally passable or impassable, and then I see in the
introduction, we talk about flooding or erosion and other
natural disasters. We got some roads that are so bad that
it's difficult for me to -- to get through them in my
four-wheel drive pickup, but I can do that. So, if you go
out there and you determine that a patrol car or an
ambulance can -- the road is passable at 5 miles an hour, is
that -- is that sufficient to say it doesn't need any
emergency work? Or does the definition of "passable" mean
something a little more reasonable than that? I'm talking
to you, Mr. Sheriff.
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SHERIFF HIERHOLZER: I'm not sure I want to
answer. (Laughter.) I'm trying to read what y'all wrote.
Well, in the past -- and another point in here I saw real
fast -- this is the first time I've seen this statement, but
the only way we did it is if we flat could not get across,
okay, at all, then we told Road and Bridge that it was
impassable. Now, if we could even go around through grass
or another little way or find any other way around, then we
did not report it as being impassable. It was still
passable. My only -- I'm changing the subject. I hope that
answers your question.
COMMISSIONER NICHOLSON: It helps.
SHERIFF HIERHOLZER: My only concern in this
is, it says due to flooding and/or erosion. Now, erosion
could cover everything on every county road -- you know,
nonmaintained county road there is, and I would -- it could
be from 10 years of just water or dirt collapsing or
whatever, and I'm not sure that I want our officers having
to -- I'm not sure Len would want to have to call us to
check every single dirt path road in the county to see --
COMMISSIONER WILLIAMS: Sheriff, it says
flooding and/or erosion from flooding.
SHERIFF HIERHOLZER: But the erosion from
flooding could be, you know, over a matter of 20 years worth
of erosion, and then all of a sudden, one day another part
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fell off. That's not during a flood, but it still --
residents may consider it erosion.
COMMISSIONER LETZ: Say, "flooding or other
natural disaster."
COMMISSIONER WILLIAMS: We can take that out
if that's troublesome. That's not a problem.
COMMISSIONER NICHOLSON: Actually, one of the
examples I'm thinking about, Commissioner Baldwin, is
Primrose Lane. I know it's not in Precinct 4, but you can
see it from Precinct 9.
COMMISSIONER BALDWIN: But it could be in
Precinct 4 if you wanted it.
COMMISSIONER NICHOLSON: The next census, it
may be. But, anyhow, that's a pretty bad road.
COMMISSIONER BALDWIN: And I think that we
have actually used this system on that road.
MR. ODOM: On that road. Several times.
COMMISSIONER NICHOLSON: Well, that -- that
helps me understand that.
COMMISSIONER LETZ: I think the --
MR. ODOM: But nothing has been done as far
as maintenance on their part, and that's -- that's the key.
I mean, when it's drive -- it -- maintenance needs to be
done on it. Not us, as --
SHERIFF HIERHOLZER: A lot of this, a patrol
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vehicle may not be able to get it, but a four-wheel drive
vehicle may. And we -- we still may say that that's still
passable, because you can get up in there with four-wheel
drive.
COMMISSIONER LETZ: I think, after I reread
it, or -- or today, I have a slight concern about on the
cost side. If a road gets washed out, or a bridge gets
washed out more, you know, minimum passable may be
construction of a bridge. And I think we probably ought to
put a dollar figure on there, or add a provision -- instead
of saying Road and Bridge shall do it, you shall -- shall do
it or come to the Court for a determination. Because, I
mean, I don't want to get -- I don't want to pass an order
that says we're going to spend half a million dollars on
fixing a road after a flood.
MR. ODOM: For a non-County-maintained road.
COMMISSIONER LETZ: Especially if it's a
non-County-maintained road.
MR. ODOM: I don't know if you can.
COMMISSIONER LETZ: I think we probably ought
to give Road and Bridge the authority to --
MR. EMERSON: Why don't you just change the
"shall" to a "may"?
COMMISSIONER WILLIAMS: Where?
MR. EMERSON: Instead of putting a dollar
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qualification.
COMMISSIONER WILLIAMS: Which paragraph?
MR. EMERSON: Number 4.
COMMISSIONER WILLIAMS: "May" instead of
"shall." Okay, that will do it.
COMMISSIONER LETZ: And if the -- and that
puts it on -- the burden on the residents. If they want
it -- or disagree with the determination, they can always
bring it to the Court.
COMMISSIONER NICHOLSON: Okay.
COMMISSIONER WILLIAMS: That would be two
corrections there, or changes. In the lead paragraph, on
the third line, after "flooding," delete the words, "and/or
erosion from flooding." And then, in Number 4, Road and
Bridge Department, change "shall" to "may."
SHERIFF HIERHOLZER: And on Number 5, I'd
just be a little bit more comfortable --
COMMISSIONER WILLIAMS: Sorry, I can't hear
you, Sheriff.
SHERIFF HIERHOLZER: On Number 5, I would
just feel a little bit more comfortable if you change the
word "certified" to just as being "considered." I don't
think we're certifying to anything when an officer just goes
out there and comes back on the radio.
COMMISSIONER WILLIAMS: What would you change
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it to?
SHERIFF HIERHOLZER: "Considered," or
considered as --
COMMISSIONER WILLIAMS: Okay. All right.
SHERIFF HIERHOLZER: -- impassable. Not
certified as.
MR. ODOM: Best judgment.
SHERIFF HIERHOLZER: Yeah, in their judgment.
COMMISSIONER BALDWIN: The problem I see with
it is that we need to make it clear to the landowners and
property owners that it is truly a one-time basis, on a
one-time basis. I guess "one-time basis" is good words.
COMMISSIONER WILLIAMS: It's in Number 4,
Commissioner.
COMMISSIONER BALDWIN: I've got it. I've got
it circled and squared up here and everything. But I -- I
would -- maybe you can put it in block letters or capital
letters, you know, where -- I remember in one of your other
documents, if you put things in capital letters, that means
you're shouting.
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER BALDWIN: But I just -- I'm
serious. People come back sometimes and don't -- don't
understand that; that if we go in there and fix it one time,
they're going to expect it --
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COMMISSIONER NICHOLSON: Yeah.
COMMISSIONER BALDWIN: -- every time.
COMMISSIONER WILLIAMS: Why don't we add
"only"?
COMMISSIONER BALDWIN: Just to make that
clear. Just real clear somewhere.
COMMISSIONER WILLIAMS: So we'll say on a
one-time basis only.
MR. ODOM: If you consider, over the last
couple of years, we've had two years of floods, then you do
know how busy we are trying to get what we maintain, so this
will be doing other stuff outside our -- our scope of work.
So, understand that things are going to slow down with what
we have to maintain, because we have this obligation too.
COMMISSIONER LETZ: I think that word "may"
also gives you a whole lot of flexibility. Obviously, I
expect you to work on the County-maintained roads first, and
this is done to fit in --
MR. ODOM: Fit in.
COMMISSIONER LETZ: -- as you can.
COMMISSIONER BALDWIN: And if my memory
serves me, when we addressed this a year or two ago, we had
gotten a County Attorney's opinion that we can do this; we
can go on private property and do this kind of maintenance
under these conditions.
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COMMISSIONER NICHOLSON: Sheriff's --
COMMISSIONER WILLIAMS: Public health and
safety in the state. So one other additional change, then,
would be on Number 4, the situation on a one-time basis, add
the word "only." Move approval of the policy as amended.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded to
approve the policy as amended. Any questions or comments
additionally? With regard to the one year's flood damage
not being repaired and coming back and having the same issue
at subsequent years, when we're talking about "exist due to
flooding," one option may to be insert, "or other current
natural disaster." High winds, trees fell into the roadway.
COMMISSIONER WILLIAMS: Where would that be,
Judge?
JUDGE TINLEY: Up at the opening paragraph.
Due to flooding and/or other current natural disaster, or
present natural disaster.
COMMISSIONER LETZ: I like "current" better.
JUDGE TINLEY: Current's probably better.
COMMISSIONER BALDWIN: Current. That's good.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER BALDWIN: You should have been a
lawyer.
JUDGE TINLEY: Yeah. Yeah, I thought about
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it, but... (Laughter.)
COMMISSIONER WILLIAMS: That's fine.
JUDGE TINLEY: Okay. Is that included in
your motion?
COMMISSIONER WILLIAMS: Yes, sir. And I will
redraft it so everybody has a clean copy.
JUDGE TINLEY: Any other questions or
comments? All in favor of the motion as amended, 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. Let's
move to Item 10, discuss and consider advertising for
Request for Proposals to handle the administration of Kerr
County health insurance program. Commissioner Baldwin.
COMMISSIONER BALDWIN: Thank you, sir. I
want to preface my comments with a couple of issues. One, I
have -- I have nothing against Don and his operation down at
Seguin. He's a great guy, been super responsive. This is
not a personal thing with him in any way, and I've told him
that over the phone last week. Number two, I don't even
know if you can legally change agents in the middle of the
stream. Hopefully we can -- we can find that out for sure.
But it's just been brought to my attention that -- and the
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more I think about it, the -- it just -- it just sounds like
a better thing to have an agent -- our agent a local person
that we can get our hands on, we can get on the phone, that
can qet in their car and drive to this building or any other
buildinq. And I'll give you an example. i had an eye exam
last week, just -- not because my eyes are bad, but I wanted
to go through this issue to find out how it worked, and sure
enough, there was some stumbling blocks with some of it,
with my -- with my little credit card thing.
And if -- and I came back and got on the
phone with Don, and he faxed me some things back and forth,
and it's all going to work out fine. But if I had -- if we
had a local agent, that person could hop in the car and meet
me there and address it right there on the spot. And I'm
sure that there are many other issues. That's just one that
I personally encountered, The things like when we have new
hires and getting them registered and signed up and to be a
part of the system, or people leave our employment, and
deleting them from the system. It just seems to me that it
would be more of a simple thing to have a local person. I
mean, that's all -- that's all I have to say about that.
MR. WALLACE: Judge, can I speak?
JUDGE TINLEY: Yes, sir.
COMMISSIONER BALDWIN: There's Don. I was
just saying nice things about you. Were you in here?
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MR. WALLACE: I heard you, yes, sir. Thank
you, I appreciate that. I understand your concern. And
originally, when we -- when I brought Mutual of Omaha in
here and quoted on your group, I talked with Mutual of
Omaha. Maybe I should have talked with the Judge or
somebody, but I visited with them and I said, "Do you think
we need some local representation?" And their comment was,
"No, we know you do a good job and you'll take care of the
problems as they come up." So, I went ahead and took it
just myself, and no local person involved in the situation.
I -- I believe we've done a good job. Michelle responds to
everybody in a timely manner. Originally, to get things
going, it doesn't matter who you change to or what you do,
you're going to have some problems when you change. You
know, Mutual of Omaha had ice storms and things that they
couldn't get this done and that done, and -- but we've got
it all ironed out now. And, you know, we know the plan; we
know how it works, we know who to call, we know how to get
things done now. In the beginning, of course, we had to --
it was a learning process for us, 'cause we hadn't put into
business with Mutual of Omaha before. We know how
self-funded plans work. We've been doing them for 17 years,
so we know about the ad and the spec and how all that works.
So, what I have done -- and you talk about
somebody local. I have, I guess you'd say, employed, or
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brought on board a gentleman --
COMMISSIONEF, BALDWIN: Thank you.
MR. WALLACE: -- here in town who is a block
from the courthouse, over here at 820 Main Street. Some of
you know him, I`m sure. I didn't know him. I didn't know
local agents here, so I called Blue Cross, I called Humana,
I called United Health Care. All of them gave me this guy's
name. They gave me some others, but all of them gave me
this gentleman's name, and he has agreed to be your local
agent. He's agreed to come over once a week to Barbara's
office and do whatever Barbara needs done. And if you --
she needs to send people over to his office, as I guess
she's doing with Mr. Finley on the -- their products; I'm
not sure. But I think this will be a good situation for
you. And you can -- you can walk over there. Your
employees can walk over there. He can come over here.
Don't even have to get in the car, Buster; you can walk.
COMMISSIONER BALDWIN: Bicycles.
MR. WALLACE: But, anyway, I'd like for you
to give this a try before you kick me out the back door, so
to speak. I think -- I think everybody will be happy with
it. If y'all would agree to let us try this and see what
happens, I'll get with Barbara, and he and Todd and myself
and Barbara will set down and work out whatever Barbara
wants to try to help her out in her office. If she needs
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him over here more than once a week, whatever. Whatever it
takes to help the situation. I don't know. That's the best
I can do for you. And I know Mr. Letz knows him; he
mentioned your name in our conversation. And --
COMMISSIONER BALDWIN: Well, a lot of people
do that, but you can't -- can't hang a hat on that deal.
MR. WALLACE: Not sure if that's -- you know.
COMMISSIONER BALDWIN: Don, my first question
is kind of my annual boy-dummy question here. Does this
fellow -- is he familiar with Mutual of Omaha and all those
things that we do?
MR. WALLACE: He's familiar with the
self-funding plans, yes.
COMMISSIONER BALDWIN: Okay.
MR. WALLACE: Yes, he does have some
self-funding. He was telling me about a car dealership that
he has about 150 lives, so, yeah, I checked that out to make
sure. I wasn't going to get somebody to work with me that
didn't know self-funding, because it's -- it's a little
different from just, you know, paying your premiums every
month and -- and not having to worry about all the different
things that are involved in self-funding.
COMMISSIONER WILLIAMS: Don, is this
gentleman -- or this Hill Country group, are they going to
be working for you, or are they going to be replacing you?
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MR. WALLACE: They're going to be working
with me.
COMMISSIONER WILLIAMS: With you?
MR. WALLACE: Yes, sir.
COMMISSIONER WILLIAMS: How are they going to
be compensated?
MR. WALLACE: We're going to split some
commission. Yeah, he's -- we -- we have -- we have sat Sown
and talked about that, and until we meet with Barbara and
see, you know, what she expects of him or what she would
like for him to do to make things easier on her office --
you know, we hadn't set a dollar amount of how we're going
to split it. And, you know, we have agreed that, you know,
if we agree on a dollar amount and it involves more work
than what starts out, then we'll change it. But I think
you'll be real happy. Blue Cross just -- they were just
elated that -- they thought he was the -- you know, said he
was just a great guy.
COMMISSIONER LETZ: Question.
MR. WALLACE: Did a good job.
COMMISSIONER LETZ: Don, the question I have
is probably to Mr. Looney and the County Attorney. I don't
see this as any kind of a change, really, in the -- in our
policy or our contract, other than Mr. Wallace is, you know,
teaming up with someone locally. Am I looking at that
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correctly?
MR. LOONEY: Excuse me, Judge. Gary Looney.
I don't -- I don't see any restrictions in it, unless I'm --
and I just spoke to the County Attorney; we're going to go
back and look at the bid specifications to be sure that
there's nothing in there that would be restrictive for
subcontractors based on the initial certification of the
contracts. I don't believe there is anything in there that
would restrict Mr. Wallace from, in essence, subcontracting
these services in this area, since there is no impact on the
accounts themselves.
COMMISSIONER LETZ: Okay. And y'all will get
back to us?
MR. LOONEY: We'll be able to let you know
very quickly.
DODGE TINLEY: Did you have anything further,
Mr. Wallace?
MR. WALLACE: No. I just appreciate the
business, and I'm trying my best to take care of you and do
what you want done.
JUDGE TINLEY: Okay. We have someone else
that wishes to speak. If you'd come forward and give us
your name and address, please?
MS. JETTON: Margie Jetton. I have Advanced
Insurance at 715 Hill Country Drive, Suite 4. The reason
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that I've come here is for -- very similar to Mr. Wallace.
In Eact, when the County awarded Mr. Wallace the bid in the
first place, I made two phone calls, because I do represent
both Mutual of Omaha and AFLAC, and I made two phone calls
to his office offering to help him free, and never got a
return phone call. I hope you qot the message. But,
anyway, I agree that part of the problem has been -- in
fact, the majority of the problem has been not just the
insurance companies, because like I said, I've represented
Mutual of Omaha for a long time, AFLAC, probably close to 15
years. I think the problem has been that you didn't have a
local representative in the last several months. I have
brought with me both Caroline Twiford, who is the District
Manager for AFLAC, and Bobby Zirkel. Bobby, could you step
up here with me a minute? Do you mind? Bobby is the broker
I use for my group products.
I have had group experience when I first
started in insurance, which was -- I'l] date myself, but it
was about 20 years ago. All I did for the first 10 years
was group. Then, when I moved to Kerrville, I became an
independent agent, so I'm not bound to any one company.
Bobby -- the reason for my alliance with him is all they do
is group insurance. You do have the authority, if you want,
to change an agent midstream. Both AFLAC and Mutual of
Omaha have both already told me that, and I knew it, because
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it's happened to me before in -- in counties that I didn't
-- I wasn't able to service because they were too far away.
When I moved to Kerrville and decided to stay here, then I
just drew a circle around myself and said this is as far as
2 can properly service. And, anyway, I just wanted Bobby to
say a few words.
MR. ZIRKEL: Good morning. Your plan that
you have here is self-insured, but the other part of that is
that it is a health reimbursement account. That's a new
type of plan, and I've reviewed that and I agree that it is
a really good plan. I think it's exactly what's this county
needs. But, however, because of the differences on it, the
key to success for a plan like this is -- because it is a
consumer-driven plan, and your employees are the consumers,
the big part of that is education, is going around educating
those folks as to how to use that plan, what those dollars
can be spent on, how to insure that they aren't using their
HRA against their FSA to where they -- those coordinate with
each other, not using them in conjunction with each other.
The other part of that is talking to not only the employees
that are active here, but the ones that are retired. That's
the reason that we talk to Margie, is she has such a good
rapport with everyone in this town, but especially with some
of the seniors. I met with Carey Malek last week. He felt
that probably half the county employees understand how to
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use this plan to the best benefit, but he felt like the
retirees had much less of a knowledge of the plan, how to
use the plan properly. This is a plan that can be in
place -- this type of a plan can be in place for years and
will allow, I believe, the County to save money over those
years, but I think education to those folks and
representation to those -- to your County employees here is
the key to that plan. And that's why we are -- as Margie
said, the agent is a -- is -- we serve at the privilege of
the County Commissioners, and so that can be changed at any
time, to my knowledge. That's what I understand.
Appreciate your time.
JUDGE TINLEY: Thank you.
MS. JETTON: I think that's all I had to say.
JUDGE TINLEY: Thank you, ma'am.
COMMISSIONER BALDWIN: Thank you very much.
JUDGE TINLEY: Anything further on this
particular item?
COMMISSIONER LETZ: I guess, so I understand
where we are, we're going to go out for health insurance
like we do every year? November, more or less?
JUDGE TINLEY: Probably need to be thinking
about earlier than that, because probably, ideally, we
should have the proposals go out so that the bids are
returned by approximately mid-October, Mr. Looney?
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MR. LOONEY: Yes, sir. Now, one of the
things I'd like to do is -- I wasn't sure; when I was here
last, we talked about doing a workshop. I'd like to get
that scheduled so we can do that workshop, probably in the
third week of this month, if we can. And if we --
COMMISSIONER LETZ: Maybe we can do it the
afternoon of our next meeting.
MR. LOONEY: If you can do that, that would
be fine. I'd like to be able to -- at that time, we'll go
over all of the bid specifications, all the things that
we're going to be doing going forward and the timeline for
the bid process and the status of where we are today.
Current status.
COMMISSIONER WILLIAMS: Afternoon of our --
not this week's budget meeting, but next week?
COMMISSIONER LETZ: No, the Commissioners
Court meeting.
JUDGE TINLEY: 22nd.
COMMISSIONER BALDWIN: 22nd.
MR. LOONEY: On the 22nd?
COMMISSIONER LETZ: That seems like a good
time. We can do that, and that just -- I mean, with that
looming, I don't see any reason to really tinker too much
with it. Mr. Wallace is just -- that's fine. And then we
can look at if we want to make that a requirement in our
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next bid package.
COMMISSIONER BALDWIN: I agree. That's fine.
JUDGE TINLEY: Thank you, sir.
MR. LOONEY: Thank you.
JUDGE TINLEY: See if we can set that up, and
we'll be in touch.
COMMISSIONER NICHOLSON: The idea that we
need a local agent down the street is just sort of a mystery
to me. I've got another insurance policy, medical, and my
local agent's in Atlanta, Georgia, and it doesn't slow down
or hinder my ability to receive payments on claims. It
could be in India; it wouldn't make any difference in the
information age. So, I'm going to need some convincing that
there's some value to having somebody down the street from
us.
COMMISSIONER BALDWIN: Well, does that person
from Atlanta come up and enroll all your new hires?
COMMISSIONER NICHOLSON: No, just like they
don't enroll new hires over at Walmart.
COMMISSIONER BALDWIN: No, but they need to
here.
COMMISSIONER NICHOLSON: Somebody in the
Personnel Department enrolls them.
COMMISSIONER BALDWIN: They need to here, is
the issue. Okay, I agree with you; we'll put it off. No
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action here, Judge.
JUDGE TINLEY: Any other questions, comments,
or matter to be offered in connection with Item 10? If not,
we'll move on to Item 11.
MR. WALLACE: Thank y'all.
JUDGE TINLEY: Consider and discuss
evaluations of employees that report directly to the
Commissioners Court. Commissioner Letz.
COMMISSIONER LETZ: I put this on the agenda
for a look back at what we decided last time we looked at
this topic, and I think the minutes reflect that we were
just going to turn in our evaluations and that was kind of
it. We would meet one-on-one with employees if we wanted.
With budget coming on, I think it -- how we evaluate
employees, and it's a good time to discuss organization of
some of these departments. My preference would be to have
all the employees that report straight to us come in before
the Court in executive session. If they choose to do it in
open session, we can do it in open session, and meet with
them like we did, I believe, last year or two years ago. I
think that's -- you know, it's more valuable, in my mind, to
-- for the employees primarily to get the feeling of the
full Court. Just because I may not be happy with one of
them doesn't mean that the majority of the Court isn't -- is
very happy. So, I'd just like to schedule this at probably
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one of our budget workshops coming up in the afternoon. I
think this will have a budget impact. I just wanted to put
it on the agenda to get the rest of the Court's feeling.
COMMISSIONER NICHOLSON: Where do we stand
currently? Individually, we've written individual
appraisals, and they're -- where are they?
COMMISSIONER WILLIAMS: I turned mine in to
Ms. Mitchell, so I assume she has them in a folder.
JUDGE TINLEY: I did likewise.
COMMISSIONER NICHOLSON: But the individuals
that report to us have not yet seen those appraisals?
COMMISSIONER LETZ: I think that's correct.
COMMISSIONER NICHOLSON: Okay. So, the next
step is, they need to --
COMMISSIONER LETZ: They need to get them.
We need to mail them out to them, and then we need to
schedule --
COMMISSIONER NICHOLSON: And then,
Commissioner, would you -- are you suggesting that they
should come in here, or they will have the opportunity to
come here and talk to us?
COMMISSIONER LETZ: I think they will come in
here. They shall.
COMMISSIONER NICHOLSON: That's what I wanted
to know. All right.
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COMMISSIONER BALDWIN: And they have -- the
way I understand it, they have the option whether they want
to be in open session or in executive session.
JUDGE TINLEY: That will be true.
COMMISSIONER BALDWIN: I think that's a good
idea, to do it in front of the whole Court. I am going to
do mine individually, and then I will be happy to bring that
to the Court. But as far as the interview and sitting down
and doing the back-and-forth thing and them signing off on
our conversation, that's going to be a private issue for me.
COMMISSIONER LETZ: That's fine. I just
think we're giving -- if we want to make a change in how
they're doing something, I think it really needs to come to
the full Court. And that's --
COMMISSIONER BALDWIN: Sure. Sure, it could
affect the budget.
COMMISSIONER WILLIAMS: When do you suggest
we do it?
COMMISSIONER LETZ: Probably -- I'd say maybe
next budget meeting. Not this week, but maybe the following
week. I know that morning's taken up. I can't remember the
schedule we have for that one.
JUDGE TINLEY: The 17th, in the afternoon, we
have the ESD workshop. We may want to do it after that.
COMMISSIONER LETZ: I mean, traditionally,
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this process last time maybe took an hour. I mean, it's not
an extremely long process. And we have added a few. I
think there's -- I mean, some of the departments are so
small, they're basically one-person departments, but some of
them are larger and may take a little bit longer. But I
just don't think -- this is an hour, hour and a half at
most.
COMMISSIONER NICHOLSON: My calendar shows
we've got a meeting at 9:00 and 1:30 on the 17th.
JUDGE TINLEY: Yeah, 1:30 is the ESD
workshop. And that's why I mentioned we may want to do it
for, say, 3 o'clock on the 17th.
COMMISSIONER BALDWIN: That'd be fine.
COMMISSIONER LETZ: That'd be fine. Okay.
COMMISSIONER BALDWIN: Can I say something
about ESD right quick?
JUDGE TINLEY: Sure.
COMMISSIONER BALDWIN: The old program of --
of the state agency coming out into the field and making
presentations like they did at Mountain Home, Commissioner,
is no longer.
COMMISSIONER NICHOLSON: That's too bad.
COMMISSIONER BALDWIN: They lost their
funding to do that. So, we -- we're going to go to Plan B,
and we'll have a presentation in here that day; it just
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won't be by state agency.
COMMISSIONER LETZ: Judge, we don't need a
court order to do that; we can just set that.
JUDGE TINLEY: Mm-hmm, yeah, on the --
COMMISSIONER LETZ: On the employees.
JUDGE TINLEY: Review of the employee
evaluations for 3 p.m. on the 17th of this month.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: That's what I've got it down
for.
COMMISSIONER LETZ: All right, thank you.
JUDGE TINLEY: Okay.
MR. HOLEKAMP: Judge?
JUDGE TINLEY: Mr. Holekamp?
MR. HOLEKAMP: Question on that --
JUDGE TINLEY: Yes, sir?
MR. HOLEKAMP: -- last item. Currently, I
have an agenda item that's set for tomorrow afternoon at
1:30.
JUDGE TINLEY: Mm-hmm.
MR. HOLEKAMP: And on there, it says discuss
maintenance capabilities/consolidation of department
functions or services at County facilities and/or
City/County facilities or operations. Wouldn't -- we could
do that all under mine at the same time. That's basically
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what you're asking; is that correct?
COMMISSIONER LETZ: The agenda item tomorrow
is largely related to mowing that we're -- you know, and
looking at other -- some other functions that's more
specific.
MR. HOLEKAMP: I saw the consolidation of
some of the functions, and I thought, well, okay.
COMMISSIONER LETZ: Right.
COMMISSIONER WILLIAMS: Might be.
MR. HOLEKAMP: And I didn't know what that
might be.
COMMISSIONER WILLIAMS: It might be, but the
other is employee review.
MR. HOLEKAMP: I understand. I understand,
okay.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Okay. Let's move to Item 12,
if we might. Consider and discuss status of the E.B.A.
lawsuit. Precinct 3 Commissioner.
COMMISSIONER LETZ: Yes, I put this on the
agenda. I guess two meetings ago, one of our constituents
came before the Court and asked what the status of the
lawsuit was, and I just put it on the agenda. I attached a
copy of a letter that we received from our outside counsel
on this. It doesn't really go into -- you know, it's just a
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summary of where we are, which basically is that we are
waiting to go do depositions with Union Life. Those are
pending, and that's kind of the status. And there's, I
guess -- lawsuits, I'm learning, at this level are -- move
very, very slow, which this actually is an identical report
that the Court received in April, I believe. But we might
as well go ahead and make it public that that's where we
are, waiting to do depositions. And I don't know if the
County Attorney has anything further beyond what
Mr. Walraven said in his letter or not.
MR. EMERSON: Not that could be disclosed
without being in executive session, no, sir.
COMMISSIONER BALDWIN: I want --
JUDGE TINLEY: Okay -- I'm sorry.
COMMISSIONER BALDWIN: I want to just
reiterate or strengthen one of his sentences he just made,
is that the previous report we had -- and I think it was
April -- this is basically the exact same thing; we're going
to fly to Washington and get these depositions. Well, I'm
wondering, when is that going to happen? Are we really
going to do it, or are we just going to talk about it for a
year or two?
COMMISSIONER LETZ: We've talked about it for
six months, I can tell you that.
COMMISSIONER BALDWIN: Yeah.
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COMMISSIONER WILLIAMS: Maybe we ought to
discuss --
COMMISSIONER BALDWIN: I have a concern with
that.
COMMISSIONER WILLIAMS: Maybe we should
discuss it with the County Attorney in executive session.
COMMISSIONER LETZ: Anyway, that is the
status for the public as to where that lawsuit is. It is
muddling along very slow, waiting on depositions. And we
may need to go into executive session later on today to
discuss further details of it, where we are on that lawsuit.
That's all I had, Judge, on that.
JUDGE TINLEY: Okay. Anything -- any other
member of the Court have anything to offer on that? Why
don't we take a quick recess for about, oh, 15, 20 minutes.
(Recess taken from 10:20 a.m. to 10:43 a.m.)
JUDGE TINLEY: Why don't we go ahead and come
back to order. We were in recess for a bit. Let's move to
Item 14, consider and discuss solicitation of Request for
Proposals for emergency medical service to Kerr County
residents. I put this on the agenda as a means of trying to
make sure we have all of our options open on the EMS issue,
to be able to properly consider that. The Court may want to
look at that in conjunction with the previous one, or not.
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Whatever the Court's pleasure is, I'll be happy to comply.
COMMISSIONER LETZ: I mean, I asked the Judge
to move this up, 'cause I think this is certainly related to
Item 13, which is the EMS contract with City of Kerrville.
But I think there's just some information that I have
received in this area that I thought would really be helpful
before we really get started on the other one. One, I have
visited with a company that provides service in south Texas
as the primary, and also a company that provides secondary
service in Kendall County, Southern Cross Ambulance,
Incorporated. They're certainly interested in pursuing
something with us if the situation lends itself. I have
talked to them and said that, you know, my intent is that we
certainly continue to work out an arrangement with Kendall
County, but we could not -- I mean with City of Kerrville,
but we couldn't, in my mind, afford to -- to wait much
longer, based on the response we received from the City of
Kerrville at our last offer. So, I really -- I think that
we should go out for proposals for EMS service.
Additionally, I've talked with a company
called Alexander Billing and Consulting; in fact, they're on
their way right now from Boerne, as I understand from a
phone message; that they're going to drop off a packet of
information. They are a billing company only, and could
consult the EMS services. And it's come to my attention
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that there are several counties -- quite a few counties in
collections. It's kind of -- you can pick how much of their
service they offer. But that is something I'm very
interested in pursuing. And also they have a lot of
information as to what other counties and municipalities in
south Texas, this region, are charging for their services.
So, I think the -- you know, in addition to
going out for proposals for the EMS services, I think that
we should also go out for proposals on billing for EMS
services. I think that there's -- they can be separate or
they can be combined. But even if -- in my mind, I would
like to explore possibly going for an outside billing
company, even if we use the City of Kerrville for the EMS
service, because I think that gives us a lot more control
over that portion of it that we, up to now, have had no
control over. I think we have much more flexibility in
setting rates, determining how much is collected, and
getting that whole big black box in disallowables. So,
that's kind of what -- you know, what I found out in the
past two weeks visiting with these companies, and there are
companies out there that are very anxious to work and talk
with us.
COMMISSIONER NICHOLSON: We need to know what
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our options are, and those two -- if we took those two
steps, that would open up the universe of options available
to you. So, I like the ideas that you've presented, and I'm
in favor of it.
i COMMISSIONER WILLIAMS: I like the idea of
exploring all of our options. I think we should. But I
found a little distressing this morning, as I read the
~ newspaper article, the comment that the County seems to want
to be a partner instead of being a client, And if the
attitude is that we are only a client and don't have the
right to suggest other options, or -- or suggest that
perhaps certain things could be improved upon based on input
we're all getting, then I think -- you know, then I think we
have a real problem. And I -- I'm confident that each of
you have had just as many discussions with -- with
constituents as I have about some of the shortcomings of the
existing system, administrative side of the system. I
hasten to say that it's the administrative side of the
system, not the quality of service that's rendered by the
ambulance or the EMS people themselves. I don't think
anybody has any quarrel with that, and I, for one, do not.
But it is the administrative side, the handling of the
claims, the handling of the collections, the handling of the
bad debts, et cetera, et cetera, et cetera. And if we are
-- if we are going to be foreclosed from examining those
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things and making suggestions, then I guess we are, in fact,
going to be treated as a client and not listened to, and
that would be unfortunate.
COMMISSIONER LETZ: I have a comment on that,
but I think it comes in the next agenda item. On this item,
I will make a motion that we go out for Request for
Proposals for emergency -- emergency medical services for
Kerr County residents, or for the Kerrville -- or for the
county portion of Kerr County, and go out for proposals for
billing services for EMS -- emergency medical services.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded to --
MR. SCOTT: Judge?
JUDGE TINLEY: Just a moment, please, sir.
Motion made and seconded to advertise for Request for
Proposals for emergency medical service, to include billing
services, either in conjunction with or separately. Any
question or comment?
COMMISSIONER LETZ: I just think that -- a
comment that I have, before you get to this gentleman who
has a hand up, is that this in no way means that I want to
stop trying to work out a deal with the City of Kerrville.
This is just something I think that we need to do from a
time standpoint, as our backs are getting to the point of
being up against the wall, and we need to be able to have
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something in place by September 30th. And I think it will
take a little bit of time to -- to -- you know, if we have
to go to outside service to do that. So, I still am very
optimistic. I visited with three members of City Council in
the past week, and they seem optimistic we can come to
terms. So, I just want to make that on the record, that
this is not a signal to City Council.
JUDGE TINLEY: Yes, sir? If you'd come
forward and give your name and address for the reporter, and
whatever comments you have on that.
MR. SCOTT: I'm Harrison Scott, 605 Florence.
The comment I have is the County of Galveston had an
emergency service contract in this last -- oh, several
months ago; they just kind of shut down with about two weeks
notice, and there was a bunch of the cities, like Texas
City, a bunch of those, that had contracted out ambulance
service. What I would recommend that y'all consider is that
you -- if you pursue that option, is that you request an
annual financial statement from that ambulance company, and
it might suit us well to keep us from getting in that same
predicament should we choose that option.
COMMISSIONER LETZ: Very good point.
JUDGE TINLEY: Thank you, sir. Good point.
Any other question or comments on the motion?
COMMISSIONER NICHOLSON: Judge, the -- the
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concern that my constituents seem to express more than any
other has to do with the reliability of the service. The
questions are, are we going to have EMS service after
September 30th? And the answer is yes, we are. We're not
going to let people outside of the city limits go without
EMS service.
COMMISSIONER LETZ: And, Judge, one other
thing. I believe the City -- though I have yet to receive
anything from the City after the last -- declining our
offer. Maybe you've received a letter from the City; I
don't know. So, the only communication I've had about the
City's rejection of our proposal was through the press,
and -- and there was a comment in that article by the
Kerrville Daily Times that the City was -- would be willing,
or be more than happy to help with going out for proposals,
and I think we need to take them up on that.
JUDGE TINLEY: To bring you a little closer
up to date, when I received that communication from the
Interim Assistant City Manager, that same day I called the
Interim Assistant City Manager and took him up on that
offer. And I -- as I recall, I communicated it to -- that I
was going to do so to Commissioner Baldwin.
COMMISSIONER BALDWIN: You did.
JUDGE TINLEY: And, as a consequence, I
subsequently had a short visit with the Interim City
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Manager, and I've also had some communications with
Guadalupe County, who recently submitted a Request for
Proposals, and I provided each of you with a copy of what I
got from Guadalupe County. They were kind enough to get me
something very promptly.
COMMISSIONER LETZ: Judge, who's going to do
this? You?
JUDGE TINLEY: Here's your EMS liaison right
here.
COMMISSIONER BALDWIN: What was the question?
COMMISSIONER. LETZ: Who's going to -- who and
how are we -- who's going to get this Request for Proposals
out, and how are we going to do it?
COMMISSIONER BALDWIN; County Judge.
COMMISSIONER LETZ: That's what I thought. I
agree wholeheartedly.
COMMISSIONER BALDWIN: Yeah. Any other
questions?
COMMISSIONER WILLIAMS: When?
COMMISSIONER BALDWIN: I guess the County
Judge and the County Attorney maybe better take a peek at
it.
JUDGE TINLEY: Probably need some input from
the EMS liaison, wouldn't you think?
COMMISSIONER WILLIAMS: Yeah.
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COMMISSIONER BALDWIN: Yeah. I just gave it
to you.
JUDGE TINLEY: I see.
COMMISSIONER BALDWIN: Let's go. Let's go.
JUDGE TINLEY: Any other question or comment?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
DODGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. We'll
move to Item 13, consider and discuss EMS contract with the
City of Kerrville. Commissioner Letz?
COMMISSIONER LETZ: Well, let me start off by
-- on this item, last Thursday, I sent an e-mail to Don
Davis, Interim City Manager, outlining a number of questions
that I had that related primarily to -- well, I'll read
them. And I have not received a response yet. He did send
me an e-mail saying that I was asking for some information,
and they had other things they that they were working on,
obviously, and I knew it was short notice, but these are
things that I asked: What portion of total expenditures is
related to administration and what is included in
administration? Can you provide a line-item breakdown,
total expenditures of the $1.996 million? Can you provide
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billing information as to how much is billed for all
services? Can you provide a breakdown as to how dispatch
of May 3rd provided EMS system utilization analysis with
percentage given. Can you provide the same data with actual
numbers?
And those are the questions that I had asked,
and there may be some of this somebody else may have
provided; I'm not sure, or asked previously. And the reason
I read those to the Court is, they're the areas that are, I
guess, the -- the big bone of contention, in my mind, is the
administration side. I'm unclear exactly what they're
including in that. And after we reviewed the airport budget
and the way it -- they -- what is included in that, I don't
necessarily -- it's very different than the airport budget,
but I'm wondering what exactly is in the administration
number. In talking with Southern Cross EMS, their number
was basically -- it says, in their opinion, it should take
$350,000 to put one ambulance on the street seven days a
week, 24 hours a day. That's just the cost, and this should
include everything, and then any revenue you receive back
from that service being provided would be taken off of that.
If their number is close to being correct,
and the City of Kerrville has four ambulances on duty, two
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on call and two for basically -- essentially backup or
transfers, I calculate that to be about $1.4 million in
total expenditures, so there is about $500,000 additional
expenditures from the City of Kerrville. And that's one
reason I asked the questions that I did as to where does
that number come from? Based on the Interim City Manager's
comment -- you know, I guess he objects to us asking these
questions, based on his comment that we want -- you know,
just kind of like we want to be a partner and not a client.
Well, you know, I want to be a client, but I want to know
what I'm paying for, and I want to know what the difference
-- how much of that deficit is administration and what
they're including in their administration. I've said all
along I'm very happy with the actual level of service, so
that's just kind of where I am on this.
And I think the areas I would like to look at
-- I need to get those numbers before we can do a
counterproposal, but I think that the dispatch -- I still
have a question as to how much of that dispatch number
should be billed in this contract. They say they want us to
be a client, yet they have asked to us pay for half an
ambulance. I don't -- I see that as -- it makes no sense to
me. And, actually, I've had some City Councilmen agree with
me that it makes no sense. You know, I don't mind if they
want to attribute a cost of an ambulance over the life of
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the ambulance, which I presume is 15 years or so. Yes,
that's just -- that's a justifiable cost. But the County
should not be asked to pay for half of an ambulance that we
don't own in one year. That makes no sense. And those are
my big areas of -- of question at the moment.
COMMISSIONER BALDWIN: I agree. I agree 100
percent. That's exactly what I planned on saying, is that,
- you know, the -- in the paper, the City Manager says -- uses
the words, they're a customer. In my mind, they want to
make it a partnership deal. Well, I think he's seeing it
exactly backwards. I don't want to be a partner on the
issue. I want to -- I don't want to buy half of an
ambulance, or I don't want to pay for billing for our
citizens out in the county. I want to be a customer. I
want to pay for the service that they provide. And I don't
want to own any ambulances; I don't want to own any barns or
whatever. So, to me, that's a customer. Now, on this
ambulance issue, if they would -- I can't remember the
number, but it was substantial. If they would take this
ambulance -- us paying for this ambulance out of the
equation, then the numbers drop pretty good.
COMMISSIONER LETZ: 37,500.
COMMISSIONER BALDWIN: $37,500. That is a
huge -- that's a great start. That -- you know, that would
be -- that's a good place to begin negotiations on a
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nonnegotiable issue. I just think that's a good place to
start right there. And it's -- it's not peanuts. It's not
pennies.
COMMISSIONER LETZ: I agree.
COMMISSIONER BALDWIN: It's a sum of money.
COMMISSIONER LETZ: I mentioned the same
thing. If we get rid of that 37,500, and then look at the
-- in my mind, you know, I've gotten over the hurdle that if
50 percent of the time or almost 50 percent of the time is
spent on runs in the county, on related costs, I don't have
a real problem with spending that. I think I really want to
look at how that number's derived, but if that's the number,
then so be it. I don't mind paying 50 percent of those
costs. However, administration and other -- things of that
nature and dispatch are much more related to the volume of
the service. They're not -- you know, 25 percent of the
bills are going into the county, so why should we pay for
50 percent of the billing costs? Administration of the
employees and things of that nature are -- are driven by
call volume more than by length of time and loaded miles, so
I think you need to do a breakdown. And I don't -- you can
either say it's 25 percent of these costs and 50 percent of
these costs, or you can -- my preference would be to just
say, okay, it's 35 percent, some number in the middle.
COMMISSIONER BALDWIN: Have you thought
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about, like, running some numbers, finding out how many
dispatchers there are and seeing what the cost is and --
just in that one particular area? I mean --
COMMISSIONER LETZ: Was that a leading
question, Commissioner? He set a trap for me; I'm not going
to fall in it. He's referring to a conversation I had with
some people in the City last week and a comment I had from
the City Manager about me talking to City employees, but
I'll leave that off the table for the time being.
COMMISSIONER BALDWIN: Well, I tried.
COMMISSIONER LETZ: But I think that is
important. And I think it's also important to know that
9-1-1 spends $36,000 in dispatch, and that's paid for by
taxpayers of the entire county, not just the city. So,
there's already a funding mechanism for a portion of the
total dispatch. But I don't know, you know, the total -- I
don't -- I know they have 10 -- they have 10 openings in
dispatch; I'm not sure if they're alI filled at this time.
I believe they are. They recently were not all filled.
But, you know, that's a -- part of my numbers requested from
the City Manager.
COMMISSIONER WILLIAMS: Well, I guess most of
my issues are on the administrative side and on the
equipment replacement issue. I agree, I don't think we
should be participating in that. We don't own the
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equipment. Same scenario goes to the library, the
purchasing equipment there. I think we need to be looking
very carefully at those particular issues. I kind of am
troubled by the fact that every time I look at this -- every
time I look at the package of information, I see another set
of utilization statistics. There are three sets kicking
around right now, and the County's -- County's piece runs
anywhere from 20 percent up to as high as 28 percent. Well,
I wonder about that. It would seem to me that we should be
able to get a handle on those kind of things and come up
with one -- one set of statistics that makes sense.
But, again, I go back to taking a look at
their own dollars and cents. That was not -- if you look at
the -- if you look at the operations for the last full year,
that was sufficient dollars to cover it. They transferred
money out back to the general fund. If you take out the
equipment replacement, if you take out that fund ending
balance, there was sufficient revenue to cover the expenses
without a subsidy on the part of the City and without any
basic subsidy over and above what we do from the County.
Now, if we have -- if it's necessary to have a county
subsidy, fine and dandy, but let's find out where those
dollars that are already in the system are going and why
they're being transferred out and why they're being held
over. Those questions, I think, need some answer. As a
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client, not as a partner.
COMMISSIONER NICHOLSON: I just reiterate my
earlier position. Once we've sorted out these legitimate
questions that you raise about administration, capital costs
and dispatch and where the money's going, then what I want
from the City is that the -- at least for the county
portion, that the users and/or their insurance carriers pay
the costs of that service.
COMMISSIONER LETZ: I've had that argument at
length with City Councilmen, and they said, "Well, with
disallowables, we're not going to get that much, and
60 percent of it's Medicare." And my answer is, the bills
should reflect what it costs. I don't care what the
disallowable is, what Medicare's going to pay. You bill
what it costs. If Medicare's going to pay a certain amount,
yes, it may increase the disallowable, but if we're going --
it does two things. One, it lets Medicare know that there's
a huge shortfall, and that's the only way they're ever going
to make a change in Medicare. And, obviously, Kerr County's
not going to drive Medicare, but I think the state and the
nation wi]1. So, you bill what it costs. Secondly, if you
don't bill what it costs, then your subsidy -- you're not
getting your money from private insurance companies; they
will pay more. And I just don't understand their reluctance
to look at -- to even look at their billing. And that's why
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I've gone a step further and say let's take -- potentially
take billing out of the contract. Let's see if we can come
to terms with the City of Kerrville where they provide the
service, and that's it. We pay for the -- we do the billing
on our own. We handle, you know, the administration part.
We do collections on our own, and we pay for the service
only.
JUDGE TINLEY: What -- what kind of response
did you get from the folks at the City about our basic
approach of asking that these costs that -- that are
involved be adjusted upward to reflect what it really takes
to pay for the service?
COMMISSIONER LETZ: I'm actually quite
saddened to say that the response that I got was that our
proposal received very little consideration. The City
Manager -- Assistant City Manager or the Interim City
Manager was not present at the meeting, I think there was
one City Councilman who was at our workshop who was --
understood what we were asking for. Obviously, our proposal
was somewhat brief, and my understanding was that they did
not provide a whole lot of insight as to what our proposal
was, and this was not a lengthy agenda item for them. So --
and that's just my understanding. I have -- in my
conversations with City Councilmen since then, I've
recommended that we either -- you know, the two bodies meet
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as a whole, full Commissioners Court with full City Council
I don't think we're very far apart. You get
rid of the cost of an ambulance, which they should, 'cause
they're saying they don't want us to be partners. Well,
okay. And we look a little bit on the administration side
and the billing, or let us take the billing over and reduce
that out of the contract. I just don't see that we're
really much more than probably -- you know, I hate to put a
number on it, but $25,000, $30,000, $40,000 apart at most,
and probably less than that. And it's just -- you know, I
don't know if they misunderstood our proposal, if they
didn't -- I don't understand. I can't speak for them, but
to me, I have told them that the proposal -- if we came out
of today's meeting with a proposal, I don't see it differing
significantly from the last proposa]. Those are the items
that we have to talk about, and if they're not willing to
talk about it, then we are, you know, at a dead end.
You know, I need to talk about administration
costs. I need to know how they're handling their billing.
7 need to know exactly how they're breaking down, I mean,
their expenditures, and they have not provided that
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information to us. They haven't provided numbers on call
But I
have no idea what that -- you know, how many calls are
there? So, these are the things that we really need to
answer. The 5 percent fund balance issue that we had in
Item Z last time, you know, I disagree with that policy. If
they want to build that in, they can build it in; that's
just something they take under consideration. But I did
mention to City Council that if the City's going to start
billing the County for their reserves, then I think the
County's going to start billing the City for its reserves on
our contracts that we operate. And I said I think it's a
bad practice both ways, but I said 7 think the contracts
need to be done equally.
On the dispatch, I said that it should not be
calculated -- Number 2 last time in our memo said dispatch
should not be included. I could probably go as far as
saying that a portion of dispatch should be included. You
have to attribute that cost somewhere, but it should be --
what percent is EMS in the county only? And then you take
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out the subsidy that comes out of 9-1-1, figure that out,
the costs to run that department, and maybe that portion
could be built in. I don't have a real problem with that,
but they have to -- haven't given us any numbers to justify
that. So, I said a lot, but I didn't answer your question,
Commissioner Baldwin, did I?
COMMISSIONER BALDWIN: I don't think I asked
one; I think the Judge did.
COMMISSIONER LETZ: I think we need to put on
the table what we think needs to be talked about, and
recommend we have a joint meeting, personally.
COMMISSIONER WILLTAMS: Wetl, the last full
set of statistics that came to us as a result of a request
submitted by Commissioner Baldwin was for the full year
'03-'04, and the run count, which I assume means patient
count as well, inside the city limits was 3,931. Outside
the city limits, 1,042. Well, that's about four to one,
25 percent, maybe a little less. But according to -- when
you crank out Ingram and other things, it's 20 percent.
76/20; 76 inside, 20 percent county. These are their
numbers.
COMMISSIONER LETZ: Right. So, you know,
that's -- I go back to it. I don't understand why we should
pay 50 percent of the -- of a deficit for 20 percent of the
service. Now, I agree it should be higher than 20 percent
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because of the distance that goes into that. But I also
should note that Medicare pays more on the distance run;
there's a small surcharge for Medicare, so they're receiving
more revenue on county runs too.
COMMISSIONER WILLIAMS: That's right.
COMMISSIONER LETZ: So, you know, but -- you
know, they're -- they seem to -- they never have mentioned
that. I found that out talking to people I wasn't supposed
to talk to, City employees. I'm not allowed to talk to City
employees.
COMMISSIONER BALDWIN: What do you mean,
you`re not allowed to talk to City employees?
COMMISSIONER LETZ: I've been instructed to
not talk to City employees, other than the Interim City
Manager.
COMMISSIONER BALDWIN: I'll get it out of him
before the day's over.
JUDGE TINLEY: Well, maybe I've committed a
transgression. I responded to the acting Assistant City
Manager's --
COMMISSIONER BALDWIN: Cet a bullwhip.
JUDGE TINLEY: -- letter, and --
COMMISSIONER LETZ: You'll be getting an
e-mail, too.
JUDGE TINLEY: And I contacted him in
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response to his letter to me.
COMMISSIONER WILLIAMS: That may be a no-no,
Judge.
COMMISSIONER LETZ: They're -- just so
everyone is on the same page, I received an e-mail saying
that I was not to contact City employees; everything should
go through the City Manager.
JUDGE TINLEY: Okay.
SHERIFF HIERHOLZER: One comment that I would
have, Jonathan, on their deal as to ratio of calls in the
city and county, I think most of us know that in the city,
they run -- most of the time they run a fire truck right
along with an ambulance to help with lifting the patient or
moving them. I don't believe they do that that much in the
county. They rely more on the deputies, that we go out on
those calls with them in the county to assist them in any
way.
COMMISSIONER LETZ: Except car accidents.
Car accidents, I think they send a fire truck.
SHERIFF HIERHOLZER: Car accidents, they
normally send a fire truck to help with washing down or
things like that, too. I mean, the service is great, but we
do assist them a lot in the county with a lot of the stuff
that they run an extra fire truck in the city.
COMMISSIONER LETZ: They have assured us at
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our meeting here that the fire -- the additional costs
incurred in the city has been pulled out.
JUDGE TINLEY: I specifically asked them, for
non-direct EMS-related equipment/personnel, if that was
included. They assured me it was not.
COMMISSIONER NICHOLSON: Read an article in
the newspaper this weekend about the 50 cents per month toll
that we pay, all of us that have a telephone. That goes
into the 9-1-1 fund, and the story was that that money's
being collected, but there's lots of it that doesn't go back
to the local communities. And I was naive to think that
when I paid my 50 cents a month, it went directly to Kerr
9-1-1, but it surely doesn't. But that reminded me that the
Safety and Health Code says that the 9-1-1 system begins
when a call is made. Dial 9-1-1, received at PSAP, and it
ends when the emergency service provider that's responsible
for providing the service in that area is dispatched. That
tells me that dispatch for EMS should be paid for out of
that 50 cents per month toll on telephones.
COMMISSIONER WILLIAMS: That's kind of our
contention.
COMMISSIONER LETZ: At least part of it is.
I don't think we can fund the whole dispatch.
COMMISSIONER NICHOLSON: I don't know, 'cause
I don't know how much of that 50 cents comes back to Kerr
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County.
COMMISSIONER LETZ: I don't know.
COMMISSIONER NICHOLSON: It's a problem
bigger than all of us. But 9-1-1 is paying for -- what's
Kerr 9-1-1 paying for, two dispatchers?
COMMISSIONER LETZ: $36,000 a year, as I
understand it.
COMMISSIONER NICHOLSON: One and a half or
two.
COMMISSIONER BALDWIN: I don't know if you
can say that they pay for anything in particular. I think
they just kind of send the lump of money over there, and
then kind of pretend that it goes toward a salary or some
kind of deal.
COMMISSIONER NICHOLSON: Yeah,
JUDGE TINLEY: Just a specific contract
service whereby the City provides dispatching service, they
agree to pay them $36,000 a year.
COMMISSIONER BALDWIN: Correct.
JUDGE TINLEY: I don't know if that amount
has been increased. That was the last contract I saw.
Well, gentlemen, other than trying to get a full meeting
with the members of the Council, do we have anything else to
offer on this subject?
COMMISSIONER BALDWIN: Judge, I just -- I
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think that we need to have a full meeting. I think we
need -- the City Council and the Commissioners Court, as
representatives of all taxpayers in the county, must sit
down and work this thing out. Now, if -- because we're not
going to do it with the twosies and threesies and onesies
and all that. It has to be a full-blown deal and come --
and we don't have to come to an agreement, but we need to
come to a consensus of some sort, and -- and we need to do
that in a hurry. And if they -- if we can't work the thing
out, we need to rock and roll, biq time.
COMMISSIONER LETZ: Judge, how about if we
recess on this item till 1:30. During lunch, I will draft a
proposal to put on the table for a joint meeting so that
we're somewhat focused, and then we can look at that and
either y'all can toss it out the window or we can go forward
with that and just have a joint meeting with -- without a
specific proposal.
JUDGE TINLEY: Seems like a viable option to
me.
COMMISSIONER LETZ: And if Kathy can show me
how to turn on Kathy's computer and get to a document, I can
go from there.
JUDGE TINLEY: That's between you and Kathy
at this point. I don't want to get involved in that.
COMMISSIONER BALDWIN: What is it you're
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going to write?
COMMISSIONER LETZ: I'm going to modify this
and just say -- tell them the points that -- what we need to
talk about. I think it's kind of the framework of where our
main discussion points are.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER LETZ: And try to take out the
percentages and the dollars.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: Any other member of the Court
at this time have anything further to offer on this agenda
item? If not, we'll leave that one pending. Probably the
thing to do now is to get to the bills, wouldn't you think,
gentlemen?
COMMISSIONER WILLIAMS: Mm-hmm.
JUDGE TINLEY: I don't know where the Auditor
is.
SHERIFF HIERHOLZER: I'll go see if I can
find him.
JUDGE TINLEY: All right, see if you can stir
him up.
COMMISSIONER WILLIAMS: Judge, while we're
waiting, Ms. Harris called, and said she left a message on
your voicemail as well. She had some new information she
wanted to impart to you and to me so we could impart it to
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the Court, something from T.J.P.C. or something. I don't
know what the substance is.
JUDGE TINLEY: I've not received any
voicemail messages this morning.
COMMISSIONER WILLIAMS: I said I'd talk to
you. I thought maybe, based on our schedule, we might do it
at 1:30, but if we're going to recess and do the EMS at
1:30, maybe sooner; I don't know. We'll check the voicemail
and your schedule and see where that leads us.
JUDGE TINLEY: Okay, I'll take a listen to
that here shortly. Let's go to Section 4, the approval
agenda. First item, payment of the bills.
COMMISSIONER BALDWIN: Want us to get you a
stool?
MS. WILLIAMS: I need something.
Mr. Tomlinson had a doctor's appointment; he hasn't made it
back, so I'm going to fill in for him.
COMMISSIONER LETZ: I --
COMMISSIONER BALDWIN: I move we pay the
bills.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded to
pay the bills. Any question or comment?
COMMISSIONER LETZ: I have a bill-related
question.
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MS. WILLIAMS: Okay.
COMMISSIONER LETZ: Hill Country Telephone
Co-Op. Do we get a refund -- a capital credit come back
every so often from them?
MS. WILLIAMS: Hill Country Telephone? Yes,
sir, every year. It's capital credit gains or something,
yeah.
COMMISSIONER LETZ: I was just wondering. I
mean, I know individuals do, and I was wondering if the
County did. Just curiosity.
SHERIFF HIERHOLZER: I don't see it.
MS. WILLIAMS: You're not supposed to.
JUDGE TINLEY: Any other question or
comments? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let`s
move on to budget amendments. Budget Amendment Request
Number 1.
MS. WILLIAMS: Okay. The District Clerk has
some microfilm expenses that need to be paid, and she's
requesting moving money out of her Part-Time Salary line
item up to Microfilm Expense to take care of these bills at
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the next meeting.
COMMISSIONER NICHOLSON: Move to approve.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded to
approve Budget Amendment Request Number 1. Any question or
comment?
COMMISSIONER BALDWIN: And that -- the amount
is $706.91?
MS. WILLIAMS: Yes, sir.
COMMISSIONER BALDWIN: Thank you.
JUDGE TINLEY: Any other question or comment?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
Budget Amendment Request Number 2.
MS. WILLIAMS: Number 2, we have a bill for
court reporting services for the County Court at Law, and we
need to move money to cover that. They want to take it out
of their Telephone line item and move it up to Special Court
Reporter.
JUDGE TINLEY: $250?
MS. WILLIAMS: Yes, sir.
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COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 2. Any question
or comment? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Budget Amendment Request
Number 3?
MS. WILLIAMS: Constable Precinct 2 needs to
get some postage stamps to mail out, I think, warrant
notices or letters or whatever. Anyway, he is requesting
three rolls of stamps. He's $64 short. He'd like to move
the money out of his Miscellaneous line item up to Postage
in order to get those, and it should carry him through the
rest of this year and probably partway into next year.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 3. Any question
or comment? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
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DODGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Budget
Amendment Request Number 4.
MS. WILLIAMS: This is to cover eligible
expenses that we have incurred for Indigent Health Care. We
have just run the gamut. We've got more expenses than we
were anticipating, but we do have the money in Surplus
Reserves, and we are still under where we would have to
notify the State, so these expenses are eligible. We do
need to pay them, and we also need to compensate our
third-party administrator for her work on it.
COMMISSIONER WILLIAMS: This would make our
eligible expenses under Indigent Health Care for the year --
it would bring the total to about $665,000? Would that
be --
MS. WILLIAMS: Yes, sir.
COMMISSIONER WILLIAMS: -- correct?
MS. WILLIAMS: Right,
JUDGE TINLEY: You're requesting a transfer
of $51,810.53 to Eligible Expenses and $2,331.47 for
Third-Party Administrator payment?
MS. WILLIAMS: Yes, sir.
JUDGE TINLEY: All right.
COMMISSIONER LETZ; Move we declare an
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emergency and approve the amendment as submitted.
COMMISSIONER BALDWIN: Second,
JUDGE TINLEY: Motion made and seconded to
declare an emergency and approve Budget Amendment Number 4.
Any question or comment? All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Next
item, Budget Amendment Request Number 5.
MS. WILLIAMS: Okay. This is one where we
had a Road and Bridge employee who had to purchase something
on their personal credit card, I believe, or paid by check.
We received the O.R.C.A. funds last year in September, but
we did not budget those funds in this year's budget, so the
funds are actually there in fund surplus. We just need to
do a budget amendment creating this line item and putting
the money in here so we can reimburse the individual who
spent their money to get this digital camera.
COMMISSIONER WILLIAMS: What was the
expenditure for?
MS. WILLIAMS: It was for a digital camera
and a charger.
COMMISSIONER WILLIAMS: Would this be a
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proper designation, O.R.C.A. Expenses?
MS. WILLIAMS: I would assume it would be,
yes. I'm not sure what they're using the camera for, but I
know that the -- we received the moneys last year. It had
to do something with, I think, the flood.
COMMISSIONER WILLIAMS: Floodplain expense?
MS. WILLIAMS: It could be.
COMMISSIONER LETZ: But it's coming out of
that O.R.C.A. fund.
COMMISSIONER WILLIAMS: I just wondered what
it was for.
COMMISSIONER LETZ; Yeah. So moved.
DODGE TINLEY: The amount in question is
$255.82?
MS. WILLIAMS: Yes, sir.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the budget amendment. Any question or comment?
COMMISSIONER BALDWIN: And the creation of a
new line item number?
COMMISSIONER WILLIAMS: Yes, that includes
the creation of a line item.
MS. WILLIAMS: And we also need an
authorization to do a hand check for the late bill so that
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we can --
COMMISSIONER WILLIAMS: That includes an
authorization for a hand check.
JUDGE TINLEY: And who's the hand check to?
MS. WILLIAMS: Truby Hardin.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: That's faith. You go
out and spend 250 bucks on a camera, not real sure if the
money's there or not. That's faith.
JUDGE TINLEY: Motion made and seconded to
approve Budget Amendment Request Number 5 and to create the
new line item and authorize hand check to Truby Hardin for
$255.82. Any question or comments? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry, Budget
Amendment Request Number 6.
MS. WILLIAMS: This is for a -- I believe a
laser jet printer in the District Clerk's Office, and I
believe it was a replacement printer. She was short $73
being able to pay this invoice, so she'd like to move the
money out of her Miscellaneous line item up to Operating
Equipment so that we might be able to take care of this
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invoice.
COMMISSIONER NICHOLSON: Move to approve.
COMMISSIONER BALDWIN: Second, but I've got a
question.
JUDGE TINLEY: Motion made and seconded for
approval. Questions or comments?
COMMISSIONER BALDWIN: It says 198th District
Court.
MS. WILLIAMS: Maybe it was for Becky. I wa=_
thinking it was Linda's. You're correct, it was 198th --
COMMISSIONER BALDWIN: Of course I'm correct.
MS. WILLIAMS: -- District Court.
COMMISSIONER BALDWIN: So it's -- are you
telling me that they have a printer for the 216th and the
198th?
MS. WILLIAMS: That's a good question.
COMMISSIONER BALDWIN: You're not telling me
that, are you?
MS. WILLIAMS: No, sir.
COMMISSIONER BALDWIN: So it's for the
District Court system. I -- it doesn't matter, I don't
guess.
COMMISSIONER WILLIAMS: It's got to come out
of one of those two budgets, right?
MS. WILLIAMS: I would have to find out from
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John which court this was really for, since he ordered it.
COMMISSIONER NICHOLSON: It's coming out of
the one that's got some money left in Miscellaneous.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER WILLIAMS: Mm-hmm. Very little
money ]eft.
JUDGE TINLEY: Any further question or
comments?
COMMISSIONER BALDWIN: We got a motion?
Good.
JUDGE TINLEY: Yeah. 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 7.
COMMISSIONER BALDWIN: Oh.
MS. WILLIAMS: Do you want to address this
one, Rusty?
SHERIFF HIERHOLZER: I don't think I want to
hear it. I already heard Buster's.
MS. WILLIAMS: We have bills that need to be
paid out of the jail budget. There's some employee medical
exams, a few radio repairs, and a couple of office supply
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invoices. They're running short or have totally run out of
funds. What they would like to do is move the funds from
the Jailer Salaries line item. The total amount is
$2,509.79. Employee Medical Exams, we need $1,275. Radio
Repairs, we need $484.79, and Office Supplies, we're asking
for $750. We have invoices right now that total $168.90,
but we have invoices that are pending that will need to be
paid before this next court meeting.
COMMISSIONER NICHOLSON: Move to approve.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any question or comment?
COMMISSIONER NICHOLSON: Sheriff, how are we
doing on jailer turnover?
SHERIFF HIERHOLZER: We had a number of
openings at one time, just 'cause some of them left, went to
other places. So, right at this current time -- a few weeks
ago, we hired four, and I have two openings right now, and
that's 'cause I have one that -- today's her last day; she's
going back to Llano, to another county.
COMMISSIONER NICHOLSON: Just generally,
though, is the turnover -- unwanted turnover situation
better than it was in previous years?
SHERIFF HIERHOLZER: In the Sheriff's Office,
the turnover has stopped. You know, this Court's taken care
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of salary situations and that. The last actual turnover I
had in the Sheriff's Office was David Billeiter getting
elected to constable, so the Sheriff's Office has been
fabulous. Jail turnover rate, I really don't think that
we're ever going to solve that problem, you know. We have
law enforcement academies going on; jailers are always going
to the academy, trying to get a job somewhere else, so it's
just something that -- that it's a starting point in the
training.
COMMISSIONER BALDWIN: It's not a very fun
place to be.
COMMISSIONER NICHOLSON: No.
SHERIFF HIERHOLZER: No, not seven days a
week, 24 hours a day, with the liability and stress factors.
That's true.
JUDGE TINLEY: Any other question or comment?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Budget
Amendment Request Number 8.
MS. WILLIAMS: This is a budget amendment for
J.P. Precinct 3. They have basically run out of money in
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their Telephone line item. We have a bill for their Five
Star cellphone that we need to pay. We have anticipated
through the end of the budget year that they will probably
need $175 to carry them through, not only with their
cellphone, but with their long distance calls and their
share of the county phone system expenses. So, they'd like
to move that out of Operating Equipment.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any question or comment?
COMMISSIONER BALDWIN: How many cellphones
does the County provide, total?
MS. WILLIAMS: Just off the top of my head?
COMMISSIONER BALDWIN: That'd be fine. Your
ears, nose, anywhere.
MS. WILLIAMS: I would say probably between
20 and 30, if you're counting Sheriff's Department.
COMMISSIONER BALDWIN: Counting the Sheriff`s
Department?
MS. WILLIAMS: Mm-hmm. J.P.'s.
COMMISSIONER BALDWIN: And you go through
each one of those bills and you can tell if there's lots of
personal calls or that kind of thing? You can't?
MS. WILLIAMS: There's no way we would be
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able to tell. Now, this man probably can.
COMMISSIONER BALDWIN: That's what I was
afraid of.
MS. WILLIAMS: Through his department.
COMMISSIONER BALDWIN: We have to take lunch
here in 30 minutes.
SHERIFF HIERHOLZER: I did individually go
through -- this is our cellphone bill, and I individually go
through it to make sure our officers are using it for
department business, not for personal.
COMMISSIONER LETZ: Is that what you're doing
when you're on the beach in Galveston?
SHERIFF HIERHOLZER: You notice I brought all
of my stuff with me. But, yes, that is part of it, and we
do look at that. And, actually, our basic is what's the
expensive thing. If you look at the minutes in the Five
Star Wireless, it's not an expense there. In fact, they --
they billed us a couple months ago for wireless-to-wireless,
and we caught them on that, and they ended up giving us a
very large credit back. But, yes, it is watched constantly.
COMMISSIONER NICHOLSON: I don't think I pay
by the call on my cellphone. Do I?
MS. WILLIAMS: I think a lot depends on the
plan that you have.
COMMISSIONER BALDWIN: By the minute.
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JUDGE TINLEY: Any other questions or
comments? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
Budget Amendment Request Number 9.
MS. WILLIAMS: This budget amendment is for
the 216th District Court, and we have some invoices for
Court-appointed attorney services and Court-appointed
services that need to be paid. And, again, they have either
run short or run out of money in those respective line
items. They're asking that we take the money out of their
Special Trials line item and move them up to the appropriate
lines as needed.
JUDGE TINLEY: And the request is $3,738.75
for Court-Appointed Services, and $9,046.10 for
Court-Appointed Attorneys?
MS. WILLIAMS: Yes, sir.
JUDGE TINLEY: All right.
COMMISSIONER WILLIAMS: This doesn't
anticipate the next two months, does it?
MS. WILLIAMS: No, sir, this is just current
invoices that we have; that's nothing pending right now. We
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don't really know what's pending.
COMMISSIONER LETZ: So moved.
JUDGE TINLEY: I have a motion.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: I have a motion and second.
Any question or comment?
COMMISSIONER NICHOLSON: We could buy a
county vehicle for Precinct 9 Commissioner and take it out
of Special Trials.
COMMISSIONER WILLIAMS: There's an idea.
COMMISSIONER NICHOLSON: Otherwise, we won't
use up all that money.
JUDGE TINLEY: Any other questions or
comments? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Budget
Amendment Request Number 10.
MS. WILLIAMS: This is a budget amendment for
County Court at Law. We have two invoices for court
reporting services that we need to pay, and, as you can see,
their line item for that is zeroed out. They would like us
to go ahead and move the $150 needed out of their Special
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County Court at Law Judge line item up to Special Court
Reporter.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded. Any
question or comment?
COMMISSIONER BALDWIN: Question. Item 2 was
the same thing -- I mean, not the exact same thing. Is that
two different people?
MS. WILLIAMS: It's actually two different --
it's three different bills. We got -- Budget Amendment
Number 2 we got in first, and then we got the other two
bills in later in the week, and decided we'd better go ahead
and do another budget amendment so we can get them paid
timely also.
COMMISSIONER BALDWIN: Yes, ma'am.
JUDGE TINLEY: Any other question or comment?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Budget
Amendment Request Number 11.
MS. WILLIAMS: This is -- involves the Jury
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Fund and the 216th District Court. We have a bill from
Bilingual Communication Consultants for some interpretation
I
i services that they provided, to a total of -- and it's
actually, I think, two or three different invoices. It
totals $788. The Jury line item for interpreters only has a
balance of $32 at this point in time, so we need to add
$756. Again, we would like to take it out of the 216th
District Court's Special Trials line item and move it up to
the Interpreters line item in the Jury Fund.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any question or comment? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.}
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Budget
Amendment Request Number 12.
MS. WILLIAMS: This budget amendment involves
the 198th District Court. We have two invoices for special
court reporting that totals $750, and, as you can see, their
line item is zeroed out. They requested us to take the
money out of Special Trials and move it up to Special Court
Reporter so that we can pay these two invoices.
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COMMISSIONER WILLIAMS: Ask your question.
COMMISSIONER BALDWIN; May I ask a question?
MS. WILLIAMS: Sure.
COMMISSIONER BALDWIN; What is a special
court reporter?
MS. WILLIAMS: It's a court reporter who
comes in and takes the minutes when the court reporter for
that court is assigned elsewhere.
COMMISSIONER BALDWIN: And we pay -- we pay a
salary to the -- the court reporter that is supposedly --
MS. WILLIAMS: Assigned to the 198th District
Court, yes, sir.
COMMISSIONER BALDWIN: So -- so, he's -- the
District Judge is having court in two different places at
once?
MS. WILLIAMS: He will -- he will be in one
court, but in another county there may be a special District
Judge hearing cases for him, and at that point, either our
court reporter is here with our Judge or she's assigned over
to the special Judge, which means our Judge doesn't have a
court reporter, so he brings somebody in.
COMMISSIONER BALDWIN: Mindy, you don't have
to yell.
MS. WILLIAMS: I'm not.
COMMISSIONER BALDWIN: I'm just asking a
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question.
MS. WILLIAMS: If I was yelling, you would
know it.
COMMISSIONER BALDWIN: Actually, she answered
it better than anybody in the Last 12 years. If you come
back next month, I'm going to ask the same question.
COMMISSIONER LETZ: This is the Baldwin quiz.
MS. WILLIAMS: That's fine. The Baldwin
quiz.
COMMISSIONER BALDWIN: Good. Thank you.
MS. WILLIAMS: Okay.
JUDGE TINLEY: Are you moving approval,
Commissioner?
COMMISSIONER BALDWIN: I move for approval.
Don't tell anybody.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any questions or comments? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Budget
Amendment Request Number 13.
MS. WILLIAMS: This budget amendment is for
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the County Clerk's office. And perhaps -- Jannett, would
you like to address this instead of me trying to?
MS. PIEPER: Gentlemen, I would like to
request that we move $1,608.40 from my Deputy Salary line
item into my Part-Time Salary line item because I am in a
negative balance, and this should carry me through the end
of the fiscal year.
COMMISSIONER NICHOLSON: Move to approve.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any question or comment? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
Budget Amendment Request Number 14.
MS. WILLIAMS: This budget amendment also is
for the County Clerk. And I believe, Jannett, you can
probably explain it better than I can.
MS. PIEPER: Okay. Gentlemen, I am
requesting that we take $6,500 from Employee Training and
move $3,000 of that into my Operating Equipment and $3,500
of that into my Computer Software. In computer software, if
y'all will remember back earlier in the budget year, I'm
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going with Landata on the records archival; however,
Software Group wants this additional money to write that
program that literally sends my document images from the
courthouse to Landata.
COMMISSIONER WILLIAMS: Have you had any
discussions with Mr. Trolinger about the software aspects of
this?
MS. PIEPER: Yes.
COMMISSIONER WILLiAM5: He's cool with all
that?
MS. PIEPER: Yes, he is, Well, he's just
wondering why I haven't done it before, but I've gotten
Software to come down from -- to $3,500 on this.
COMMISSIONER LETZ: Move approval.
COMMISSIONER NICHOLSON: Second.
DODGE TINLEY: Motion made and seconded for
approval. Any other question or comment?
COMMISSIONER BALDWIN: Question. Moving
$6,500 out of Employee Training line, when we get into the
budget, are we going to be able to track that that $6,500
was not spent for employee training?
MS. PIEPER: Yes. By going to that expense
code, it'll show that that money was moved out, so it will
show a balance of what -- what and where that training was
spent. Is that correct, Mindy?
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MS. WILLIAMS: Right,
COMMISSIONER BALDWIN: It's something that
y'all provide in the documents?
MS. WILLIAMS: Yes, sir, What -- what the
expenditure worksheet shows now is you have your original
budget which started October 1st. You will have a current
budget line item. Those figures -- if any moneys have been
moved during the year from one line item to the other, those
figures will not be the same in both columns.
COMMISSIONER BALDWIN: I see.
MS. WILLIAMS: So, it will show -- like, this
one is $17,184. When we move the $6,500 out, it's going to
drop that down to 11,000 or less.
COMMISSIONER BALDWIN: Mm-hmm.
COMMISSIONER LETZ: That's true, except that
we're working off of the June -- kind of the worksheets that
went to the Judge from June, so it's not going -- we'll have
to remember it when we're going through budget, because --
MS. PIE PER: Well, normally this one line
item, it only has, like, $15,00 max in it. The only reason
it has more is because we were expecting a lot more
enhancements and training from Software Group on criminal
civil court administration and stuff like that. However,
we're not getting it, and we don't need it.
COMMISSIONER BALDWIN: Save that speech,
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'cause it will come again soon.
JUDGE TINLEY: Any other question or comment?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Budget
Amendment Request Number I5.
MS. WILLIAMS: Okay. This involves the
Environmental Health Department, and it looks like he has a
couple of line items that are running low on funding. One
looks like it's totally out. He is requesting that we move
$1,000 out of his Capital Outlay line item and disburse it
between postage -- $200 into Postage, $500 into Laboratory
Testing, and $300 into Operating Equipment.
COMMISSIONER WILLIAMS: Will that be for the
purchase of equipment or what?
MS. WILLIAMS: He didn't really explain what
he needed the $300 for. I'm not -- I think it has something
to do with upgrading one of their computers.
COMMISSIONER LETZ: My question would be
laboratory testing. The original budget was $500. We spent
-- the balance is $248. Does he have a lot of testing
pending?
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MS. WILLIAMS: I think he does. I think he's
got some bills from the State that haven't -- they just
haven't come in yet, and they haven't been paid. And he's
anticipating that they'll come in before the end of the
budget year.
COMMISSIONER LETZ: Okay.
COMMISSIONER BALDWIN: Again, this thousand
bucks coming out of Capital Outlay will show up where we can
see it?
MS. WILLIAMS: I was going to mention a while
ago, if it would be helpful, we could probably print the
Court a new set of budget expenditure worksheets.
COMMISSIONER WILLIAMS: That would be very
helpful.
MS. WILLIAMS: And then that way, it would
show -- if I do it through current, it'll pick up items that
were paid here today in court. And I can do it after I put
the budget amendments in, so I could have them ready for you
guys by --
COMMISSIONER LETZ: Wednesday.
MS. WILLIAMS: Is it Wednesday, or is it
tomorrow?
COMMISSIONER LETZ: Oh, tomorrow afternoon.
You're right.
MS. WILLIAMS: Tomorrow. If I can get court
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orders from Jannett today, I can do that, and I'll have them
printed for y'all before your court meeting tomorrow at
1:30.
COMMISSIONER WILLIAMS: That would be great.
MS. WILLIAMS: That would help?
COMMISSIONER WILLIAMS: You bet.
JUDGE TINLEY: Can't ask for any --
COMMISSIONER BALDWIN; No, that's --
JUDGE TINLEY: -- any more diligent effort
than that.
COMMISSIONER BALDWIN; That's super. My real
question is, what Capital Outlay item did he not purchase?
That -- that's not a question for you.
MS. WILLIAMS: Oh. At this point --
COMMISSIONER BALDWIN: But that is the
question. Why didn't you purchase something?
COMMISSIONER NICHOLSON: He's going to be in
here at 2 o'clock. Why don't we ask him then?
COMMISSIONER LETZ: I'll approve this, but
I've got some questions about the general idea -- are we
having difficulty forecasting our needs? Or are we not
budgeting enough, or --
COMMISSIONER BALDWIN: Yeah, or too much.
COMMISSIONER NICHOLSON: I move to approve.
COMMISSIONER BALDWIN: Second.
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JUDGE TINLEY: Motion made and seconded for
approval. Any question or comment? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(NO response.)
JUDGE TINLEY: The motion is approved.
Budget Amendment Request Number 16.
MS. WILLIAMS: Sorry. Okay, this budget
amendment is -- involves the Sheriff's Department. What we
had done, I believe, a couple weeks ago, we had to pay off
the note on one of the patrol vehicles that got totaled out.
In order to get the title from Ford Motor Credit, we had to
be able to send them the funds. We didn't have the money at
that point in time, so the Sheriff obliged us by paying the
money out of a seizure account that he has. What we want to
do now, since we have received the money from TAC to pay --
to cover the damages on the vehicle, we want to go ahead and
recognize the money into revenues, and we also would like to
go ahead and put the money into Lease Payments in order to
pay the Sheriff's seizure fund back for the advance. And
the balance of the money from TAC, we want to put into
Vehicle Equipment so that they can buy equipment for the new
vehicles that they have gotten.
JUDGE TINLEY: Again, good explanation.
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COMMISSIONER NICHOLSON: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: I have a motion and second for
approval. Any question or comment? A71 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. Did
we have any --
	MS. PIEPER:	Don't we need a hand check?
	MS. WILLIAMS:	We will also need -- I'm
sorry. I	should have said t	his earlier, but we need a hand
check to g	o with this budget	amendment so that we can
reimburse	the Sheriff's seiz	ure account.
	COMMISSIONER	NICHOLSON: Okay. I modify that
motion to	include the hand c	heck.
	JUDGE TINLEY:	Who made the second on it?
	MS. PIEPER:	Commissioner Letz.
	COMMISSIONER	LETZ: That's fine.
	JUDGE TINLEY:	Is that okay? I'll call for a
vote again	. All in favor of	the motion as amended, signify
by raising	your right hand.	
	(The motion c	arried by unanimous vote.)
	JUDGE TINLEY:	All opposed, same sign.
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(No response.)
JUDGE TINLEY: The motion does carry.
MS. WILLIAMS: I have one additional budget
amendment, gentlemen, that came in late. If I could get you
to pass that around?
JUDGE TINLEY: Okay.
MS. WILLIAMS: The County Attorney called
me -- I believe it was either Thursday afternoon or Friday
morning, and said that he -- I think had spoke with you,
Judge Tinley.
JUDGE TINLEY: Yes.
MS. WILLIAMS: And requested a budget
amendment to pay for an ad that was to be placed in the
Valley Morning Star in Cameron County. I believe it has to
do something with a forfeiture sale on maybe a bond
forfeiture.
JUDGE TINLEY: There's an execution sale that
the Sheriff in Cameron County, I believe it is, as a bond
forfeiture judgment, has executed on a piece of property
down in Cameron County, and in order to hold the execution
sale, they need to advertise it. It'll be added onto the
cost of the sale ultimately, but we've got to pay for it up
front, and this is the cost of the ad that was quoted to the
County Attorney.
COMMISSIONER NICHOLSON: Move to approve.
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COMMISSIONER BALDWIN; Second.
MS. WILLIAMS: Right, and we will need a hand
check.
JUDGE TINLEY: Okay.
MS. WILLIAMS: Because the check has to be
down there by tomorrow.
COMMISSIONER NICHOLSON: Move to approve with
a hand check authorized.
JUDGE TINLEY: To Valley Morning Star?
MS. WILLIAMS: Valley Morning Star, yes, sir.
JUDGE TINLEY: Okay.
MR. EMERSON: Just for what it's worth, you
may end up not spending that money. I did receive a call
from the gentleman whose land was seized -- from his
attorney, and amazingly now, all of a sudden, they want to
cut a deal. So --
COMMISSIONER BALDWIN: Good.
MR. EMERSON: -- we'll see.
COMMISSIONER BALDWIN: Good deal.
JUDGE TINLEY: Kind of like the mule and the
2-by-4, right?
MR. EMERSON: I believe so.
JUDGE TINLEY: Okay.
MS. WILLIAMS: I do have one late bill
that --
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JUDGE TINLEY: Just a moment. I have a
motion and second. Any further question or comment?
COMMISSIONER BALDWIN: Yeah. Just make me
clear on this. Are you going -- after we pass this court
order, are you just going to automatically write a check and
send it out? Or whoever writes checks?
MS. WILLIAMS: Give it to the County Attorney
for him to --
COMMISSIONER BALDWIN: Aren't we going to
wait to see what Rex says before we actually send it? Or --
MR. EMERSON: If she passes the check to me,
I'll hold the check until I know whether or not we have an
agreement.
COMMISSIONER BALDWIN: So you mail it?
MR. EMERSON: Correct.
MS. WILLIAMS: Yes, sir, we don't mail it.
JUDGE TINLEY: Any other question or comment?
All in favor of the motion to include a hand check to Valley
Morning Star for $1,087.56, 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. Late
bills.
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MS. WILLIAMS: One late bill to Continental
Battery for equipment repairs out of the Road and Bridge
account, Account Number 15-611-450, in the amount of
$149.68. This is an invoice from May the 7th, and I don't
know exactly what happened. We didn't get it in time to get
it paid, but evidently Continental is calling and refusing
to deliver any more batteries until this invoice is paid and
the account is brought up to date.
COMMISSIONER BALDWIN: Is there -- are there
other invoices besides that one?
MS. WILLIAMS: There was an invoice after
that that we got the invoice for. We set it up; we've paid
it, but this one evidently got lost in a black hole
somewhere.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of a late bill to Continental Battery for $149.68.
Any question or discussion?
COMMISSIONER NICHOLSON: Hand check.
DODGE TINLEY: Hand check, right. Any
further question or discussion? All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
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(No response.)
DODGE TINLEY: The motion does carry.
Anything further?
MS. WILLIAMS: That's it. No, sir. Thank
you,
JUDGE TINLEY: Thank you, Ms. Williams.
COMMISSIONER LETZ: Thank you.
JUDGE TINLEY; I have been presented with
monthly reports from the Sheriff's Department, County
Clerk's office, Justice of the Peace Precinct 3. Do I hear
a motion to approve these reports as presented?
COMMISSIONER LETZ: So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the reports -- indicated reports as submitted.
Any question or comment? All in favor of the motion,
signify -- you had a comment, Sheriff?
SHERIFF HIERHOLZER: On monthly reports, we
give y'all the blue one each month that is -- the stack's
about to fall over. Years ago -- Buster may recall -- when
I first started, that was actually supposed to be our
monthly report. That was worked into that a long time ago.
The one you have there is more the civil account and that
type that we send over separately too, but I don't know if
you want to start including that one in with this one. So
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-- the Clerk doesn't want it filed, or if I should just
discontinue it, since it's -- but. I think it's very good
information for the Court to have to see exactly what we're
spending, what we're -- how many inmates we're, you know,
housing, and all the different costs that just -- it's just
stacked up for you sitting in there.
COMMISSIONER LETZ: But you --
SHERIFF HIERHOLZER: It's public information.
COMMISSIONER LETZ: You keep a copy, I'm
sure, in your office, correct?
SHERIFF HIERHOLZER: I don't keep a copy of
that exact one. It's all reports generated out of the
computer. We generate y'all's, but I can go back and
regenerate one at any time, depending on --
COMMISSIONER LETZ: What -- why don't we send
ours back to you after we have it?
SHERIFF HIERHOLZER: 'Cause I don't want to
keep a copy. But I can. I mean, it's whatever. I just
always felt that that was part of the monthly report that
the -- years ago, that the Sheriff's Office provided to this
Court. And I was just kind of wondering --
COMMISSIONER NICHOLSON: I don't know about
this one, but I expect some of these monthly reports are
kind of things we do 'cause we've always done it.
SHERIFF HIERHOLZER: Yeah.
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COMMISSIONER NICHOLSON: The -- some of the
reports I don't find useful at all, so I'm assuming somebody
else needs them. I don't.
SHERIFF HIERHOLZER: Well, to me, the monthly
report that you get there is about that much of what the
Sheriff's Office does. I wouldn't even consider it a
monthly report. I mean, the same information is contained
in that other one, but the other -- about one inch thick is
an actual monthly report from the Sheriff's office, not what
you get there.
COMMISSIONER NICHOLSON: My point is, unless
they're required by some regulation, or if somebody gets
more benefit from them than me, and if it's costing money to
generate it, we might want to rethink whether we need those
reports or not.
COMMISSIONER LETZ: I think I -- I like
one-page summary reports. I think they're handy; I can kind
of see what's going on. But I don't know that -- you know,
I've never gone through the Sheriff's thick report.
COMMISSIONER NICHOLSON: O.S.S.F. report is
useful to me, and that's all the information I need. I
don't need any more than that.
COMMISSIONER WILLIAMS: Road and Bridge
report, the same. It's laid out good.
COMMISSIONER NICHOLSON: Yes, it is.
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COMMISSIONER BALDWIN: I like to know how
many coons were killed by the trapper. The silver foxes
and --
COMMISSIONER NICHOLSON: The Judge likes to
take that one home to Betsy. Gives her a little -- little
bedtime reading.
COMMISSIONER LETZ: That's going to be a
topic in our budget as well.
COMMISSIONER BALDWIN: I enjoy -- sometimes I
enjoy going through there. It's interesting reading, but
it's certainly not a part of my life.
SHERIFF HIERHOLZER: Well, I understand. I
mean, is there modifications you'd like for me to make to it
that we can -- through the computer? Or do you just want to
let it continue?
JUDGE TINLEY: Was there a motion?
MS. PIEPER: Yes, you have a motion and a
second pending.
JUDGE TINLEY: Okay, on the reports.
COMMISSIONER BALDWIN: So, are you required
to present that to the Commissioners Court?
SHERIFF HIERHOLZER.: No, sir, I was not. At
the time that we started that, the Commissioners Court
wanted a more detailed monthly report from the Sheriff's
Office, so that's what we had opted to give you.
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JUDGE TINLEY: Any further question or
comment 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. Do we
have any reports from any of the Commissioners on their
liaison assignments?
COMMISSIONER WILLIAMS: Just one quick note,
Judge, that K'Star had -- which is a local agency here that
works with runaways and homeless youth that you're very
familiar with, I'm sure, had applied for basic -- some
funding, and they received a favorable review of their grant
application for $64,806 for administration of children and
families. That should be moving through the conduit.
JUDGE TINLEY: Those grant funds were for
state funds?
COMMISSIONER WILLIAMS: They were for state
funds. They came through -- I guess they came through the
Criminal Justice Advisory Committee.
JODGE TINLEY: Okay. I was aware that CASA
had received an award of $50,000 from the Kronkosky
Foundation out of San Antonio also.
COMMISSIONER WILLIAMS: Mm-hmm.
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DODGE TINLEY: Private funding. Any -- any
other reports from any members of the Court? Elected
officials?
MR. EMERSON: Quick comment -- go ahead.
SHERIFF HIERHOLZER: Okay. Commissioner
Williams knows about this. We are kind of, I guess, on the
short list right now with the AACOG Distance Training
Center, and I understand that it looks real well where,
actually, the Sheriff's Office will -- they will install
over $100,000 worth of equipment at their total expense, and
we will be the first off-site training center for law
enforcement courses through AACOG, where agencies come to
the Sheriff's Office, sit in on actual visual, real live --
be able to communicate back and forth with the instructor in
San Antonio at computer terminals and take distance
training, and I think it's a fabulous thing.
COMMISSIONER WILLIAMS: We were their first
site of choice.
SHERIFF HIERHOLZER: Yes, first site of
choice.
COMMISSIONER BALDWIN: Are you talking about,
like, TCLEOSE certification or what?
SHERIFF HIERHOLZER: Well, yes, they're all
TCLEOSE-certified courses. Now, they're not going to run
the entire academy here, just 'cause I haven't asked them to
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do that yet. I'm not interested in doing that right now.
But for updated training courses, all the law enforcement
courses you get may very well be done in San Antonio with an
interactive visual deal at our office.
COMMISSIONER BALDWIN: Super.
SHERIFF HIERHOLZER: Which could help all the
counties around us and people here, instead of San Antonio.
I just thought it was nice,
MR. EMERSON: We recently purchased with Hot
Check money a Fatal Vision educational kit, which I don't
know if y'all know what that is, but it's the simulated DWI
goggles and the educational packets to work with the kids.
And the goggles are multiple degrees of simulated
blood-alcohol levels, so that you can put these on the kids
and they can actually experience what it's like. And if
anybody -- you know, if the Commissioners want to use it, or
law enforcement or any other agency, it's available for
their use. If they don't use it, I'm going to use it when I
make my presentations to the middle school and high school
kids.
SHERIFF HIERHOLZER: We do use them every
year through all the kids in the D.A.R.E. courses and the
drug courses at the school, and it is a sight to watch these
kids wear these goggles and try and function while they're
on. A good ]earning tool.
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COMMISSIONER BALDWIN: Would you get a pair
of red ones for Letz? Just so occasionally we can put them
on him so we can find him. I guess red will probably be the
strongest or the --
COMMISSIONER WILLIAMS: That's a dominant
color.
COMMISSIONER LETZ: I thought you wanted me
to see the world through rose-colored glasses.
COMMISSIONER WILLIAMS: Something like that.
JUDGE TINLEY: Anything further?
MS. NEMEC: I'd like to report an update on
the I.R.S. situation. They've corrected all their records
and sent me a notice that they'll be sending us interest --
an interest check for $242.
COMMISSIONER WILLIAMS: Very good.
COMMISSIONER BALDWIN: Hear, hear.
COMMISSIONER WILLIAMS: How much of that goes
back to the Sheriff and how much it of it comes to us?
SHERIFF HIERHOLZER: All of it. I'm charging
interest.
MS. NEMEC: I'm not real sure why they're
sending us that much, but I'll find out.
JUDGE TINLEY: Any other elected officials?
COMMISSIONER NICHOLSON: I've got a couple
things. It's August the 8th; I haven't heard anything from
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the City about the Animal Control contract or library
contract. Janie is scheduled to make a report this
afternoon. She won't be here. Her 17-year-old son is ill
and had to be moved to a San Antonio hospital. I didn't get
the impression that it's anything life-threatening or
anything like that, but it's one more thing that Janie
doesn't need to be dealing with. Her husband's going to be
shipping out here pretty soon. But, anyhow, she won't be
here at 2 o'clock. That's all.
JUDGE TINLEY: Okay. Gentlemen, anything
else? We'11 be in recess until --
COMMISSIONER LETZ: 1:45.
JUDGE TINLEY: -- 1:45.
(Recess taken from 11:59 a.m. to 1:45 p.m.)
JUDGE TINLEY: Okay, let's come back to order
for our Commissioners Court meeting scheduled for this date,
August the 8th, 2005. We were in recess for lunch, and
let's come back to Item --
COMMISSIONER WILLIAMS: 13?
JUDGE TINLEY: -- 13, which was left open
till after the recess. Consider and discuss EMS contract
with the City of Kerrville. Commissioner Letz?
COMMISSIONER LETZ: I have handed out a
recommendation for a -- I guess a proposal to send to the
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City of Kerrville. I'll give everybody a few minutes to
read it.
COMMISSIONER NICHOLSON: Move we approve the
proposal outlined by Mr. Letz, authorize the County Judge to
fax it to the City Manager or City Council, whichever.
COMMISSIONER BALDWIN: I second that emotion.
COMMISSIONER LETZ: This sure is easy. I'm
-- now I'm worried.
COMMISSIONER WILLIAMS: Well, I have some
questions. At least I have one, after the Judge states it.
JUDGE TINLEY: Motion made and seconded for
approval of the proposal to the City of Kerrville for EMS
contract as submitted by Commissioner Letz.
COMMISSIONER LETZ: I will say, the longer I
wrote, the more difficult it got on this thing.
COMMISSIONER WILLIAMS: Yeah. And when I was
looking over your shoulder on Number 5 -- and that's where I
am still, on Number 5.
COMMISSIONER NICHOLSON: It's pretty
comprehensive.
COMMISSIONER WILLIAMS: My question would be,
over and above what? Mutually agree about costs per call to
the County over and above what?
COMMISSIONER LETZ: Well, I think the idea is
that -- okay, we're going to ask them, under Item 2 -- the
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first item, 1, says that we want to -- we're going to set
the rates for the county.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: Pretty simple. Item 2
says that, basically, administration, dispatch, collection
costs, and bad debt expenses are more related to call volume
than to call time, and they need to be accounted for as
such, whether they're -- and the last -- I guess the part I
added at the bottom is probably the way I really think we
should go with that. It should be done on a per-call basis
with each of those items, you know, a line item amount.
Then the -- Item 3 says, basically, Medical Director, First
Responder program stay the same. 4 says that billing will
be a separate item in the contract. 'Cause they give us an
amount; if we can do better elsewhere, we go elsewhere. And
then 5 would just say -- the intention on 3 is probably to
add the word "operational costs" --
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: -- would be billed to us
on a -- and we agree to pay mutually-agreed operational
costs for EMS service into the county. And this will
require, whoever does this, that there's going to be a
separate billing system for the county. They're going to
have a different rate structure, and that money, when it
comes in, it goes back against the County's cost.
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COMMISSIONER NICHOLSON: Yes.
COMMISSIONER LETZ: It doesn't get lumped in
with the City and all averaged out. I don't know if it's
better or worse that way, but it goes back to the way it
should be.
COMMISSIONER NICHOLSON: At the end of the
year, depending upon how accurate we were on setting the
rates, there could be a shortfall against what we expected,
or could be a surplus.
COMMISSIONER LETZ: Correct.
COMMISSIONER NICHOLSON: And then one other
point under Item 3, Medical Director and First Responder,
EMS. I would propose that we set the -- I agree that this
should be -- we should continue funding, but I would propose
we set the rates at a level that could or should cover this
also. In other words, if we think the operational costs are
-- require $600 a trip, we could set the operational costs
at $620 a trip and pay for the items on --
COMMISSIONER WILLIAMS: Oh, you want to build
those into the rate structure?
COMMISSIONER LETZ: I would rather keep those
separate, 'cause I like to really keep the -- the
operational -- what I call operational costs, the cost of
the employees and the equipment that are going out to make
the EMS runs. I mean, that's one cost, and then the other
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administration-type costs are, you know, other items. I
think this is very -- it's kind of a common way to do
contracts in this nation; you have a separate amount for the
various services provided.
COMMISSIONER WILLIAMS: And Number 3 really
crosses over -- over both operations and administration.
First Responder is definitely on the -- on the service side.
Medical Director, I think you could probably argue, is on
the administrative side, as is the lease expense. It really
crosses over both.
COMMISSIONER LETZ: Now, on that, I wrote
down EMS office space or office space lease, 'cause that's
what we said in our last letter to the City. What are we
paying on that? I don't recall what we pay on that. And
I'm -- I think that should be basically an overhead. That
ought to go up into --
COMMISSIONER WILLIAMS: We paid $6,000 in the
current year.
COMMISSIONER
COMMISSIONER
it must be $12,000 rent for
COMMISSIONER
COMMISSIONER
building, I think.
JUDGE TINLEY
LETZ: What was that?
WILLIAMS: And they paid six, so
the place.
LETZ: So, we paid half?
NICHOLSON: It's the old 9-1-1
Mm-hmm.
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COMMISSIONER LETZ: But I don't -- I mean, I
don't think that should be a separate item. That should be
under their --
JUDGE TINLEY: Should be under 2, shouldn't
it?
COMMISSIONER LETZ: It ought to be under 2,
under administration costs.
JUDGE TINLEY: Yeah.
COMMISSIONER LETZ: I think First Responder.
COMMISSIONER WILLIAMS: Yeah. Lease space
should be under 2. And -- and I guess I have the same
question about the Medical Director.
COMMISSIONER LETZ: Well, I think that's --
we still have to have a Medical Director and a First
Responder program, even if we don't use the City of
Kerrville.
COMMISSIONER WILLIAMS: I'm just questioning
whether they belong -- Medical Director belongs under the
administration versus service side.
COMMISSIONER LETZ: But if we don't -- if
worse comes to worst and we go with some other contract
company to provide the EMS service, I think the law requires
we still have a Medical Director in Kerr County.
COMMISSIONER WILLIAMS: I understand.
COMMISSIONER LETZ: So I think it ought to be
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a separate item. I think it's different than an EMS
contract. Am I right, Commissioner Baldwin, on that? That
we have to keep --
COMMISSIONER BALDWIN: I'm really not sure.
There's a possibility that whoever you contract with would
be the party required to do the Medical Director -- to
obtain the Medical Director. I can't remember how we did
that. It seemed like back in the olden days once, that the
contractor is the person that secured the Medical Director.
And I may be wrong about that, but there's just something in
the back of my mind that says that's a possibility. But I
don't know enough to change this around.
COMMISSIONER LETZ: Let's leave it right now,
and --
COMMISSIONER BALDWIN: Yeah, that's fine.
COMMISSIONER WILLIAMS: Well, apparently we
both paid, in this current year, $9,000 apiece for the
Medical Director. We paid $6,000 apiece for --
JUDGE TINLEY: Office space.
COMMISSIONER WILLIAMS: -- office space.
JUDGE TINLEY: I think the office space
should go up under the -- under 2, under the administration
costs.
COMMISSIONER LETZ: I'll add a separate item
there.
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JUDGE TINLEY: Okay. As kind of a language
cleanup under 2, based on the number of service calls,
rather than time usage.
COMMISSIONER LETZ: On the --
COMMISSIONER WILLIAMS: Where are you, Judge?
JUDGE TINLEY: Second line, Paragraph 2.
COMMISSIONER LETZ: Well, I couldn't remember
actually what they have in the chart.
COMMISSIONER WILLIAMS: What do you want to
know? The number of calls?
COMMISSIONER LETZ: No, that chart that they
gave us.
JUDGE TINLEY: How did they define --
COMMISSIONER LETZ: How did they define those
items?
JUDGE TINLEY: Where that bar graph was.
COMMISSIONER LETZ: Percent of total miles, I
believe.
JUDGE TINLEY: Percent of patients.
COMMISSIONER WILLIAMS: Percent of loaded
miles.
COMMISSIONER LETZ: Okay. Percent of loaded
miles versus percent of patients.
JUDGE TINLEY: Number of patients served or
number of service calls?
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COMMISSIONER LETZ: Number of patients versus
number of total miles.
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER LETZ: Okay, I'll make it work
with the nomenclature they use. Let me go ahead and make
those changes real quick, and y'all can start with the
reports, if it's all right.
COMMISSIONER WILLIAMS: Sure.
COMMISSIONER LETZ: Rather have everyone vote
on something before I start changing this.
(Commissioner Letz left the r_ourtroom.)
JUDGE TINLEY: Okay. It's 2 o'clock now, and
we're right on time, as usual, of course, to receive reports
from departments. I've been advised that Ms. Roman has --
has a health issue in her family.
COMMISSIONER NICHOLSON: I'll give you an
update on that, Commissioner.
JUDGE TINLEY: Okay.
COMMISSIONER NICHOLSON: The -- that's Janie
Romans' 17-year-old son, and his health situation is a
little more critical than we thought. We just got a report
from her that he's going to have to have some intravenous
medicine, and it may go on for as long as a month, so he's
pretty ill. We need to keep him and Janie in our prayers.
COMMISSIONER BALDWIN: Yeah. What --
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COMMISSIONER NICHOLSON: Staph infection.
COMMISSIONER WILLIAMS: That's bad stuff.
COMMISSIONER NICHOLSON: It's gotten into the
bones.
COMMISSIONER WILLIAMS: Bad stuff.
COMMISSIONER BALDWIN: Oh.
COMMISSIONER NICHOLSON: So, when we hear --
she's calling in, so when we hear more about that, we'll
know.
JUDGE TINLEY: Okay. We have Mr. Walston
from the Extension Office, who I'm sure is anxious to give
us his report.
MR. WALSTON: You bet, yes, sir. Thank you.
I actually brought you something this time. I was able to
get printed off -- just pass it around; that'll work.
JUDGE TINLEY: Yeah.
(Discussion off the record.)
MR. WALSTON: What I brought this afternoon
is -- is a report that we do monthly to our state agent,
Texas A & M. And we base this on our statewide goals, which
includes our Family/Consumer Science issue, Ag, Natural
Resources, as well as Environmental and Health on Number 3,
and then Category 4 is our Leadership and Life Skills area,
and that's where we're --
COMMISSIONER WILLIAMS: Which page are you
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talking about?
MR. WALSTON: Okay, I'm looking at this 1 of
5.
COMMISSIONER WILLIAMS: Oh.
MR. WALSTON: Probably the last one you got.
COMMISSIONER WILLIAMS: Got you.
MR. WALSTON: But this is -- these are the
reports that we do on a monthly basis, and we base them --
they're based on the number of educational programs we have,
on the various issues on the statewide goals. That way,
statewide, they're able to pull all the counties together
under those four statewide goals and present them to our
state legislators, so that's something that A & M asked us
to do. And the group methods are basically educational
programs, whether it be field days, meetings, whatever it
may be. A group educational program. And then the contacts
are just total contacts, so I'm going to not bother you with
that. You can see those numbers. And then you can go on
back; some of this I talked with you about in June when I
visited with you, as far as our judging teams and things
like that, our Leadership Lab.
As far as our July activities, we really
picked up, as far as our Record Book program. Our 4-H
Record Book program is something that we've really put a big
emphasis on in this county here in the last couple of years,
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and this -- this past year, we had 16 4-H'ers that completed
a record book. And that's not something that's mandatory.
It's something that they do on their own, and we submit it
in a competition-type deal on district level. We've got two
of those advancing to state. Chance Muehlstein and Lance
Bauer, they advanced both theirs to state, and the record
book is a summary over the past four years of those 4-H'ers'
experiences and activities and learning experiences that
they've been involved with. They won -- both of those young
men won their district category, and they're going to --
they're going to state and being judged now.
Of course, our livestock program is gearing
up and getting in full swing. We've been actively searching
and looking for livestock projects for kids. We've already
had a steer validation, which was back in July, and which we
had 43 4-H'ers and parents, leaders that participated. We
validated 13 steers. This year we had to start validating
for the state fair, so -- and what I mean by "validation" is
basically -- we have to basically tie that -- that actual
animal to that -- those kids. And we do that through -- we
nose-print them, we pull hair samples for -- what am I
thinking of? -- for blood -- DNA samples.
COMMISSIONER BALDWIN: DNA.
MR. WALSTON: For DNA. DNA, nose-print. We
ear-tag them. We get down to where at major stock shows,
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when they pull blood samples and nose-print them, it's
pretty hard not to prove that that's the exact animal they
started with. So --
DODGE TINLEY: You say you're validating them
for the state fair?
MR. WALSTON: For the state fair for Dallas.
Now, the rest of the shows we'll validate here coming up
in -- in October/November. So, we'll -- the state fair is
much earlier. We have to do it earlier.
COMMISSIONER BALDWIN: And this is just beef?
MR. WALSTON: It's everything. Beef --
COMMISSIONER BALDWIN: Piggies? Piggies are
having babies right now.
MR. WALSTON: Yeah, we do those in November.
COMMISSIONER BALDWIN: Oh, okay.
MR. WALSTON: Yeah, they scatter it out. We
start -- we do the beef in July. We do the lambs and goats
in October and the pigs in November. So -- and that way
when we get there, there's no question that those kids had
those animals when they first started, and we didn't have
any swapping going on. As far as -- we had two 4-H'ers
compete at the district horse show -- or, excuse me, one
4-H'er compete at the district horse show; two at the state
horse show in Abilene in July. And Craig Leonard was -- won
at the state horse show and placed third in calf-roping, so
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we're pleased with Craig.
COMMISSIONER BALDWIN: All right.
MR. WALSTON: The one area that I need -- I
want to put the emphasis on is our Building Community
Initiative program that -- that I'm sure y'all have heard us
talk to you about. And that is one that we work with the
Salvation Army as well as other after-school youth that we
started earlier last -- last year. We're also including
groups from the Texas Lion's Camp that were involved in
the -- that had physical limitation, handicapped youth; that
they were asked -- invited to come and do a fishing derby.
And the senior 4-H council members hosted the fishing derby
for them, and council members teamed up with the kids and
went out and went on the banks of the Guadalupe and spent
the morning fishing, and that was really a great opportunity
for those senior 4-H'ers to get to work with younger kids
and kids where they could serve as mentors and role models.
And this program is -- is really building some -- it's a
benefit to the community, but it's probably as much of a
benefit to our senior 4-H'ers to get involved and get to
work with those handicapped kids or those disadvantaged
kids.
They also -- the second day, Salvation Army
and Y.M.C.A. held a fishing derby for the second bunch. We
had 78 kids out there, with about 20 -- a little over 20 --
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I believe she probably has it on here -- council members,
and so we teamed up two to three kids per council member and
gave them some poles, and they went out and did a fishing
derby. And, so, that gets to be real enjoying -- enjoyable.
And those council kids really get their patience tested when
those kids.
Curriculum enrichment-wise, we've got -- our
Gardeners and did some training to teachers. We have a big
interest in -- in -- with the teachers in the area with the
Junior Master	Gardener program.	Not only	teachers, but the
Salvation Army	and a lot of other	groups	that are really
getting interested in our Junior Master Gardener program.
So, they did a training and had nine teachers that came in,
and we had -- Faye Drozd presented the program. Faye is one
of our Master Gardeners that has been trained on the state
level to -- to do such Junior Master Gardener training, and
so she'll be working with those teachers and helping them
get a Master Gardener -- Junior Master Gardener program
started in their schools. The Egg to Chick program is an
embryology program that we had a lot of interest in this
last year, and that's one that they also did the training
on. So, that gives you a little bit of an idea as to some
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of the things, and it breaks it down as to volunteerism and
some things like that.
On this next group of reports -- three-page
report, it is the Ag Environmental Stewardship, and this is
the program that we presented this last month out at the
Shin Oak Ranch. We had an excellent turnout. We had about
52 participants, and the Shin Oak Ranch hosted it. Steve
Bauer was kind of the key person on that. As the Guadalupe
River project -- I don't know if y'all are familiar with
that, where they're able to get grant funds to go in and do
brush control work for watershed improvement based -- for
endangered species. So, this was an opportunity that
basically gets down to about a 90 percent cost share from
the time -- it basically, if they go through the program,
conduct the program, the brush control, their prescribed
burn program, their only cost for the brush -- for this
cost -- this brush control work is the cost of putting in
the fire guards and things for the -- that's the only thing
they don't get reimbursed for. So, it's an awful good
program that's basically off of grants. They're working on
putting together another group of landowners that can do
this same thing, and it's one that's not individual
landowners scattered around the county. It's geared more
towards one large group of landowners that will try to
encompass several acres. So, hopefully we'll be able to get
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a little more benefit that way.
Our Master Gardener phone contacts there is
something that they present -- provide for me monthly for my
reports, and I just wanted to bring that to you to kind of
get an idea as to what those contact numbers look like. A
lot of those different categories are more for our benefit
as much as anything. They're -- there's probably that many
contacts or phone calls that I take care of myself that may
or may not get to them. They're there Monday, Wednesday,
and Friday. Tuesday and Thursday, you know, if it's
something that I don't feel like can wait for them, I'll go
ahead and take care of it then. So, are there any
questions?
COMMISSIONER BALDWIN: I'm surprised to see a
fairly low number on the fruit and nut production.
MR. WALSTON: I think part of that's 'cause I
get those.
COMMISSIONER BALDWIN: Oh, I see, yeah.
You'd be the one I'd call, too.
MR. WALSTON: Well, I mean, that's -- my
secretary -- those tend to get forwarded to me rather than
to the Master Gardeners.
COMMISSIONER BALDWIN: I see.
MR. WALSTON: And if I'm not there, then
they'll go to the Master Gardeners.
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JUDGE TINLEY: There seems to be fairly low
minority participation in some of these programs. Any
thoughts on that?
MR. WALSTON: Not -- to be honest with you,
the group that we're targeting has really boosted our
minority participation. With that BCI program, we're
getting a lot more minorities in there than we would
otherwise.
JUDGE TINLEY: Your environmental, though,
shows --
MR. WALSTON: Yeah. As far as landowner-wise
and -- yeah. We haven't.
COMMISSIONER LETZ: Probably it's who the
landowners are. But this -- on the other report, it's --
JUDGE TINLEY: Yeah.
MR. WALSTON: Yeah, the BCI.
COMMISSIONER LETZ: Little less than
30 percent.
MR. WALSTON: Yeah. Landowner-wise, it's --
you know, even back when we were having -- when I had --
hosted the Hill Country Living 101 program, we didn't have a
lot of minorities. I mean, we'd have one or two out of the
15 or so that we had in it.
COMMISSIONER LETZ: I think it's actually
ridiculous that we keep track of it that way, but I know the
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State wants us to, so we do.
JUDGE TINLEY: Anything else for Mr. Walston?
COMMISSIONER WILLIAMS: Thank you, Roy.
JUDGE TINLEY: Thank you.
MR. WALSTON: You bet.
JUDGE TINLEY: Appreciate you being here.
COMMISSIONER WILLIAMS: We'll be going out
there later, if Commissioner Letz hasn't forgotten about it.
COMMISSIONER LETZ: Oh, yeah.
JUDGE TINLEY: Of course he hasn't forgotten
about it. Okay, do we want to go back to 13 quickly, and
then move on? Why don't we go back to 13, and we've got a
revised proposal.
COMMISSIONER LETZ: I think I just
incorporated the comments made; at least I attempted to
incorporate the comments made. There's already a motion.
COMMISSIONER NICHOLSON: The motion's made,
and I incorporate these changes into that motion.
JUDGE TINLEY: Very well.
COMMISSIONER BALDWIN: My second stands.
JUDGE TINLEY: All right. We have a motion
and second to approve the Kerr County proposal to City of
Kerrville EMS contract to be submitted to the City of
Kerrville as per the final draft as prepared by Commissioner
Letz. Any questions, comments, or discussions?
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	COMMISSIONER	LETZ: To make it -- make it
clear, this	is the Court's,	not mine.	
	COMMISSIONER	NICHOLSON:	Yeah.
	JUDGE TINLEY:	It's up	for consideration of
adoption by	the Court right	now.	
	COMMISSIONER	BALDWIN:	The Letz document.
	DODGE TINLEY:	Yeah.	
	COMMISSIONER	NICHOLSON:	The only comment I
have, and it	goes without sa	ying, this	would be good for the
taxpayers.			
COMMISSIONER WILLIAMS: Will what?
COMMISSIONER NICHOLSON: Be good for the
taxpayers.
COMMISSIONER BALDWIN: Absolutely.
COMMISSIONER WILLIAMS: Mm-hmm.
COMMISSIONER BALDWIN: If nothing else,
accountability.
COMMISSIONER LETZ: I think this is the way
the contract really should be structured, in my opinion. I
mean, it's really -- kind of took a long ways to get here,
but we ought to have it broken out into line items.
Administration should be one item and billing should be an
amount, and that's the way it needs to be done.
COMMISSIONER WILLIAMS: I notice with
interest this flyer. We're talking about of all the various
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reports that are forthcoming as a result of this, none of
which we get now.
COMMISSIONER LETZ: I've been advised that
there are a lot of reports that are currently being made by
state law that we don't get copies of, either. But, anyway,
not that we're required -- I mean, it's for the whole
department; it's not split out County/City, I don't think.
But, anyway --
JUDGE TINLEY: Any further questions?
Comments?
COMMISSIONER BALDWIN:
faxed to the City of Kerrville today?
COMMISSIONER LETZ: I
JUDGE TINLEY: I think
COMMISSIONER LETZ: If
a cover sheet, we can just fax it. I
need a letter.
Is this going to be
could think, yes.
that's the plan.
somebody can help get
don't know that we
COMMISSIONER NICHOLSON: That's part of the
motion.
JUDGE TINLEY: Part of your second, too,
wasn't it?
COMMISSIONER BALDWIN: Sure was.
JUDGE TINLEY: That's what I thought. Any
further questions or comments? All in favor of the motion,
signify by raising your right hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We
can come back to our reports now. We have the Environmental
Health Department director here, Mr. Arreola.
MR. ARREOLA: Good afternoon.
COMMISSIONER NICHOLSON: Mr. Arreola, before
you start, this is a carry-over from this morning's meeting.
MR. ARREOLA: Yes, sir?
COMMISSIONER NICHOLSON: We passed that
budget change --
MR. ARREOLA: Amendment.
COMMISSIONER NICHOLSON: -- but the
Commissioners wanted some more detailed explanation about
what's going on there.
MR. ARREOLA: Sure.
COMMISSIONER BALDWIN: Question one, you're
taking the money out of the Capital Outlay?
MR. ARREOLA: Yes, sir.
COMMISSIONER BALDWIN: $1,000. Obviously,
you've decided to not make a purchase -- a Capital Outlay
purchase of some sort that you had originally -- that we
originally put in the budget.
MR. ARREOLA: Basically, we did the purchase,
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but it was cheaper than antir_ipated, so we got what we
needed and had some extra money.
COMMISSIONER BALDWIN: Keep going. We like
that a lot. Thank you.
COMMISSIONER NICHOLSON: Anything else on
that? Go ahead.
MR. ARREOLA: Great. Thank you. I don't
have a lengthy report as I had last time.
COMMISSIONER BALDWIN: Hallelujah.
MR. ARREOLA: Tried to make it shorter. It's
late in the day.
COMMISSIONER BALDWIN: This guy is a fast
learner, isn't he?
COMMISSIONER WILLIAMS: Quick study. Is this
one dealie or several dealies here? What is it? One for
you and one for me.
MR. ARREOLA: Four or five pages. Okay. I
do have some numbers here, but, you know, we can look at the
numbers quick. And I would like to make more emphasis on
what, overall, the department is doing. More focus on
public education. We had a workshop about two weeks ago,
and that was one of the comments -- one of the comments from
the installers, public education, so I decided to bring you
information on what we have done in public education. But
before we get there, the first -- the first page you have in
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front of you, it's just by quarter, what the results. So
far, we had the best quarter of the year this last past
quarter. We're doing good at revenue and overall
inspections, and turn out the paperwork; everything is being
handled as fast as we can, so it's pretty good right there.
I don't know if you have any questions on that area.
COMMISSIONER BALDWIN: It shows an increase
as we go along through the year. Is this -- do you think --
I mean, is this a seasonal-type thing, or will it continue
on the uprise in January?
MR. ARREOLA: No, I think it's seasonal.
It's basically the busiest time of the year.
COMMISSIONER BALDWIN: Okay.
MR. ARREOLA: We're going to, probably next
quarter, see a little bit of decrease. It's normal,
basically the way it goes.
COMMISSIONER WILLIAMS: You still got a month
to go in the third quarter.
MR. ARREOLA: No, sir.
COMMISSIONER WILLIAMS: No, I'm thinking --
I'm sorry, I was thinking of calendar year.
MR. ARREOLA: Yes. We go by fiscal year.
COMMISSIONER WILLIAMS: Fiscal year.
MR. ARREOLA: The next report, that is a
calendar year; that's for Solid Waste. And, basically, I've
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just informed you there the number of cases we -- we
investigated. Every case that we received has been
investigated. Not all of them have been closed yet. The
total number year-to-date -- that's January 1st to now --
112 cases. Of those, 83 have been resolved, closed. The
rest are still pending, but every one has been investigated.
COMMISSIONER WILLIAMS: I'd be interested to
know how that 112 for the current fiscal year stacks up
against previous years.
MR. ARREOLA: There's no data. We have a
little bit of data on -- on 2004, but not prior to that.
So
COMMISSIONER WILLIAMS: Okay.
MR. ARREOLA: -- we can give you that
information.
COMMISSIONER NICHOLSON: But the total
investigated we know is up from --
MR. ARREOLA: It is from last year.
COMMISSIONER NICHOLSON: -- prior years.
MR. ARREOLA: Yes, it is up. I don't have
the number, but I know it's up.
COMMISSIONER BALDWIN: Can you estimate a
number, out of the 112 investigations, how many of those
ended up in a courtroom?
MR. ARREOLA: Not too many. We might have --
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do you know the number? Probably four?
MR. GARCIA: Four.
MR. ARREOLA: Have been in the court. The
rest have been solved internally.
COMMISSIONER BALDWIN: Yeah, that's good.
Did you win all four of them?
MR. ARREOLA: Two are still pending, I think,
and two we succeed.
COMMISSIONER BALDWIN: Okay.
MR. ARREOLA: Any other questions on that
one? Okay. The last part of your packets, I tried to kind
of summarize what we've been doing on public education.
That's just a memo, and with your permission, I would like
to read the first part of it. It says, "During the last 20
months of operations of this department under the direction
of the Kerr County Commissioners Court, besides our regular
activities, we have hosted or participated in the following
public and community events as part of our public education
campaign." And there's a list; there's a total of ten
activities that we did. We are working really close with
the City of Kerrville with the Recycling Day program. It's
twice a year. Something I'd like to make emphasis, the
entire staff of the department participates, and it's on a
volunteer basis. These events normally are on the weekend,
so they go and don't get any -- any payment for it. It's --
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they want to do it. I'm there most of the time. So, it's
pretty good to have that type of team. We also participated
in Leadership Kerr County the year before, did a
presentation for them on environmental issues. The Board of
Realtors, they wanted to know about when we changed the rule
of -- transfer rule, they were so interested in knowing
that, so we prepared a presentation for them. The West Kerr
County Cleanup Day, two years in a row we have participated
in it and helped them out. I think you received something
from them. Yes, sir?
COMMISSIONER NICHOLSON: I want to tell you
about that one. Commissioner Baldwin knows that this West
Kerr Chamber of Commerce struggles a little bit to set up
who they are and what they ought to be doing, and they've
made a lot of progress in the past few years. But
there's -- probably five or six years ago, I was on the
board of that. We were trying to figure out ways we could
be useful to the community, and so I said let's have a
cleanup day. Let's get all this junk out of Ingram. One of
the other members said, "Yeah, we ought to do something
about Ingram; it's going to start to look just like
Kerrville." So, that -- that was the start of the West Kerr
County Cleanup Day. And they handle -- Miguel will tell
you, they handle a lot of junk.
MR. ARREOLA: A lot of trash, yeah. So it
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was -- it was a good event. We're thinking about trying to
do something similar in some other areas of the county,
Kerrville South or east Kerr County, for money to have
something like that done too, so we're working on that.
COMMISSIONER NICHOLSON: I think it's also
good county public relations for you and your folks --
MR. ARREOLA: It is very good.
COMMISSIONER NICHOLSON: -- to be involved in
that.
MR. ARREOLA: Yes, very good. We also hosted
an O.S.S.F. seminar. It's the first one I know of. We
brought Dr. Bruce Lesikar from Texas A & M. He came over,
and did an excellent presentation. We have a video of that.
We're going to make some more copies and give it to the
public. The O.G.R.A. helped us out a lot on that one with
the cost, and they provided the facilities. We had started
meetings to discuss procedures and inspections and all of
that, the rules. It's very productive. We participated in
Earth Day, did a Power Point presentation and worked all day
there helping too, so it's a very good experience. And then
the latest, we had an O.S.S.F. workshop here in the
Commissioners Court. We had a good turnout. We had a few
people coming over, and they made the comments -- I made a
couple of -- three pages of copies of that workshop, the
transcript of the workshop. I'd like to take you --
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highlight a little bit. On Page 76, Line 17 and 18, is
where they basically say they're happy with the process, the
way we're doing it. And then on page -- next page, Page 77,
Line 24, about -- you know, the other person agrees with --
with that. So I think the -- the relationship we have with
the installers is good. I don't think we're going to make
everybody happy 100 percent all the time, but it's very good
compared to what it used to be. And that's what I have. I
don't know if you have any questions.
COMMISSIONER BALDWIN: I'm very impressed,
Miguel, that you and your team would volunteer and take time
out of your weekends to go and promote your program and
represent the County, and I appreciate that very much.
Also, Dr. Lesikar is top of the line.
MR. ARREOLA: He's hard to get, I tell you.
COMMISSIONER BALDWIN: Yeah. You're not
going to find anybody more knowledgeable than that guy.
MR. ARREOLA: Yeah, he's good.
COMMISSIONER NICHOLSON: Thank you.
JUDGE TINLEY: Anything else?
COMMISSIONER BALDWIN: Yeah, one more
question. When you do the Recycling Day --
MR. ARREOLA: Yes, sir?
COMMISSIONER BALDWIN: -- is that -- I mean,
is it just like cars lined up from here to San Antonio?
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Or --
MR. ARREOLA: It's a --
COMMISSIONER BALDWIN: -- what's that like?
MR. ARREOLA: It's a pretty good amount of
people. I'm thinking how many cars we had last time. I
think it was 350, something like that. And then in the --
in the summer, it's bigger; it's about 500 cars. The lines
don't get too long, but all day long we get people going in.
COMMISSIONER BALDWIN: Yeah.
MR. ARREOLA: They bring everything. And
City of Kerrville takes basically everything; tires,
batteries, oil, and they help us a lot in the county,
basically.
	COMMISSIONER	BALDWIN:	So that's a program
that we need	to keep.		
	MR. ARREOLA:	Yes, it'	s joint. It's great.
It helps us a	lot in our department.	People can get rid
legally of st	uff that they otherwise	cannot.
	COMMISSIONER	BALDWIN:	Late at night I have
these visions	of ambulances	parked th	ere, county ambulances.
	COMMISSIONER	WILLIAMS:	Lots of them?
	COMMISSIONER	BALDWIN:	Oh, yeah.
	COMMISSIONER	WILLIAMS:	A lot of them.
	COMMISSIONER	BALDWIN:	One for every day of
the week. I	get to drive on Mondays.	Wouldn't that be a
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perfect location, though, for an ambulance station?
COMMISSIONER WILLIAMS: Mark your calendar,
if you will, Miguel, for next Monday afternoon exactly at
the hour 2:30, at the Road and Bridge conference room for a
preconstruction conference with the contractor on Kerrville
South Wastewater Project.
MR. ARREOLA: Okay.
COMMISSIONER WILLIAMS: We want him to be
totally familiar with the environmental health aspects of
the project, okay?
MR. ARREOLA: Very good.
COMMISSIONER WILLIAMS: Thank you.
MR. ARREOLA: We'll be there. Any other
questions?
JUDGE TINLEY: Anything else for Mr. Arreola?
Thank you, sir. We appreciate it.
MR. ARREOLA: Thank you.
JUDGE TINLEY: The last one that we have
listed is the juvenile facility, and we actually got
Ms. Harris' report last week.
COMMISSIONER LETZ: I saw her outside; I said
I didn't see any reason -- I said we saw her last week,
we're going to see her tomorrow.
COMMISSIONER WILLIAMS: She'll be here
tomorrow.
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JUDGE TINLEY: And we -- in the meantime, she
sent us some more information, two different batches. So --
COMMISSIONER LETZ: Good.
JUDGE TINLEY: Happy information digesting.
COMMISSIONER WILLIAMS: Judge, just for the
benefit of the Court, the item I mentioned to you, if the
Court doesn't mind starting with either Maintenance or
Sheriff tomorrow and give me a chance to get through a
doctor's appointment I've had scheduled for a long, long
time at 1:45, I'll be here shortly thereafter. But I did
want to be in on the Juvenile Detention Facility --
JUDGE TINLEY: Right.
COMMISSIONER WILLIAMS: -- discussion.
JUDGE TINLEY: Right.
COMMISSIONER BALDWIN: You're just going to
have to get your priorities in line. That's what it's all
about. Do you want to work here or work over there?
COMMISSIONER WILLIAMS: It's the doctor's
priorities I've got to get in line. Not easily done.
COMMISSIONER BALDWIN: I see.
JUDGE TINLEY: Is there anything else?
Hearing nothing else, we will stand adjourned.
(Commissioners Court adjourned at 2:29 p.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 12th day of August,
2005.
JANNETT PIEPER, Kerr County Clerk
BY: __ _ ____ _____ _
Kathy B nik, Deputy County Clerk
Certified Shorthand Reporter
a-a us
ORDER NO.29290
PRECINCT 2 LOCAL OPTION LIQUOR ELECTION AGENDA ITEM
Came to be heazd this the 8~' day of August 2005, with a motion made by Commissioner
Williams, seconded by Commissioner Baldwin. The Court unanimously approved by
vote of 4-0-0 to Post a Special Commissioners Court meeting for September 7, 2005 at
10:00 AM to Consider, discuss and Order and election to be held November 8, 2005 for
the purpose of the Local Option Liquor Election in Precinct 2.
ORDER NO. 29291
RNER STAR ARTS & EVENTS PARK
OUTDOORS PAVILION
Came to be heazd this the 8a' day of August 2005, with a motion made by Commissioner
Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of
4-0-0 to authorize River Star Arts & Event Park to construct an outdoor pavilion.
ORDER N0.29292
RIVER STAR ARTS & EVENTS PARK
OUTDOORS PAVILION
Came to be heard this the 8~' day of August 2005, with a motion made by Commissioner
Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of
4-0-0 to authorize the County Judge to provide the appropriate documents to approve the
City of Kerrville Economic Improvement Corporation to provide funding to the River
Star Arts & Event Park for the construction of an outdoor pavilion.
ORDER NO. 29293
FLOODPLAIN PERMIT FOS-013 FOR FLAT ROCK LAKE
Came to be heard this the 8~' day of August 2005, with a motion made by Commissioner
Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of
4-0-0 to approve the application for Floodplain Permit FOS-013 for Flat Rock Lake and
authorize the County Judge to sign.
ORDER NO. 29294
SET PUBLIC HEARING
KERRVILLE COUNTRY ESTATES, SECTION TWO, TRACT 39-A
Came to be heard this the 8a' day of August 2005, with a motion made by Commissioner
Baldwin, seconded by Commissioner Nicholson. The Court unanimously approved by
vote of 4-0-0 to set a public hearing for September 12, 2005 for 10:05 AM for the
revision of plat for Tract 39-A of Kerrville Country Estates, Section Two, Vol 6 Page
109.
ORDER NO.29295
SET PUBLIC HEARING
MOSTY PECAN GROVE SUBDIVISION
Came to be heazd this the 8a' day of August 2005, with a motion made by Commissioner
Williams, seconded by Commissioner Baldwin. The Court unanimously approved by
vote of 4-0-0 to set a public hearing for September 12, 2005 for 10:10 AM for the
revision of plat for the revision of Plat for Mosty Pecan Grove Subdivision.
ORDER NO. 29296
TEMPORARY ROAD CLOSURE
CENTER POINT
Came to be heard this the 8~' day of August 2005, with a motion made by Commissioner
Williams, seconded by Commissioner Baldwin. The Court unanimously approved by
vote of 4-0-0 to authorize closure of Avenue C between china Street (SH 1350) and 15~
Street on August 13, 2005, between the hours of 8:00 am and 1:00 p.m.; and instruct
Road & Bridge Department to provide temporary blockades and road closure signs.
ORDER NO.29297
POLICY
EMERGENCY MAINTENANCE ON ROAD THAT BECOME IMPASSABLE
Came to be heard this the 8`h day of August 2005, with a motion made by Commissioner
Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of
4-0-0 to adopt the policy for emergency maintenance on roads that become impassable
for emergency service or law enforcement vehicles.
ORDER NO. 29298
REQUEST FOR PROPOSALS
EMS SERVICE
Came to be heard this the 8`" day of August 2005, with a motion made by Commissioner
Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote
of 4-0-0 to authorize the County Judge and County Attorney to solicit Request for
Proposals for Emergency Medical Service and go out for proposals for billing services
for the Kerr County Residents in conjunction with or as a separate service.
ORDER N0.29299
CLAIMS AND ACCOUNTS
On this the 8u' day of August 2005, came to be considered by the Court various
Commissioners Precincts, which said Claims and Accounts aze:
10-General	$	89,068.97
14-Fire Protection	$	18,413.28
15-Road & Bridge	$	48,950.82
18-Law Library	$	2,289.06
19-Public Library	$	26,944.08
21-Title IV-E	$	1,529.80
50-Indigent Health Care	$	54,142.00
59-General Obligation	$	8,887.50
63-Lake Ingram Est. Rd. Dist	$	9,855.00
76-Juvenile Detention	$	15,224.14
TOTAL CASH REQUIRED	$	275,304.65
Upon motion made by Commissioner Baldwin, seconded by Commissioner Williams The
Court unanimously approved by vote of 4-0-0 to pay the claims and accounts.
ORDER NO. 29300
BUDGET AMENDMENT
DISTRICT CLERK
Came to be heard this the 8s' day of August 2005 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Letz, the Court unanimously approved by a vote
of 4-0-0 to transfer the following expense codes:
Amendment
Expense Code Line Item Description Increase/()Decrease
10-450-412 microfilm expense $706.91
10-450-108 part-time salary ($706.91)
ORDER N0.29301
COUNTY COURT AT LAW
BUDGET AMENDMENT
Came to be heard this the 8u day of August 2005 with a motion made by Commissioner
Letz, Seconded by Commissioner Williams, the Court unanimously approved by a vote
of 4-0-0 to transfer the following expense codes:
Amendment
Expense Code Line Item Description Increase/QDecrease
10-427-494 special court reporter $250.00
10-427-420 telephone ($250.00)
ORDER NO. 29302
BUDGET AMENDMENT
CONSTABLE PRECINCT #2
Came to be heard this the 8~' day of August 2005 with a motion made by Commissioner
Williams, Seconded by Commissioner Letz, the Court unanimously approved by a vote
of 4-0-0 to transfer the following expense codes:
Amendment
Expense Code Line Item Description Increase/()Decrease
10-552-309 postage $64.00
10-552-499 miscellaneous ($64.00)
ORDER N0.29303
BUDGET AMENDMENT
INDIGENT HEALTH CARE
Came to be heard this the 8~' day of August 2005 with a motion made by Commissioner
Letz, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of
4-0-0 to declaze an emergency and transfer the following expense codes from #50
Surplus Funds.
Amendment
Expense Code Line Item Description Increase/QDecrease
50-641-200 Eligible Expense $51,810.53
50-641-486 third party administrator $2,331.47
ORDER N0.29304
BUDGET AMENDMENT
ROAD AND BRIDGE
Came to be heard this the 8a' day of August 2005 with a motion made by Commissioner
Williams, Seconded by Commissioner Letz, the Court unanimously approved by a vote
of 4-0-0 to transfer the following expense codes: and to issue a hand check in the amount
of $255.82 payable to Truby Hardin.
Amendment
Expense Code Line Item Description Increase/()Decrease
15-6t1-663-" O.R.C.A. Expense $255.82
-**To come from Fund #15 Surplus Funds (OCRA proceeds received 09/07/04)
ORDER NO. 29305
BUDGET AMENDMENT
198TH DISTRICT COURT
Came to be heard this the 8s' day of August 2005 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 4-0-0 to transfer the following expense codes:
Amendment
Expense Code Line Item Description Increase/()Decrease
10-436-569 operating equipment $73.00
t0-436-499 miscellaneous ($73.00)
ORDER NO.29306
BUDGET AMENDMENT
COUNTY JAIL
Came to be heard this the 8u' day of August 2005 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 4-0-0 to transfer the following expense codes:
Amendment
Expense Code Line Item Description Increase/()Decrease
10-512-220 Employee Medical Exams $1,275.00
10-512-453 Radio Repairs $484.79
10-512-310 Office Supplies $750.00
10-512-104 Jailer Salaries ($2,509.79)
ORDER NO.29307
BUDGET AMENDMENT
JUSTICE OF THE PEACE #3
Came to be heard this the 8`" day of August 2005 with a motion made by Commissioner
Letz, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of
4-0-0 to transfer the following expense codes:
Amendment
Expense Code Line Item Description Increase/QDecrease
10-457-420 Telephone $175.00
10-457-569 operating equipment ($175.00)
ORDER NO.29308
BUDGET AMENDMENT
216TH DISTRICT COURT
Came to be heazd this the 8s' day of August 2005 with a motion made by Commissioner
Letz, Seconded by Commissioner Williams, the Court unanimously approved by a vote
of 4-0-0 to transfer the following expense codes:
Amendment
Expense Code Line Item Description Increase/()Decrease
10-435-401 Court Appt Services $3,738.75
10-435-402 Court Appt Attorney $4,046.10
10-435-417 Special Trials ($7,784.85)
ORDER NO. 29309
BUDGET AMENDMENT
COUNTY COURT AT LAW
Came to be heard this the 8~' day of August 2005 with a motion made by Commissioner
Letz, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of
4-0-0 to transfer the following expense codes:
Amendment
Expense Code Line Item Description Increase/QDecrease
10-427-494 Special Court Reporter $150.00
10-427-415 Special CCAL Judge ($150.00)
ORDER NO. 29310
BUDGET AMENDMENT
JURY
216TH DISTRICT COURT
Came to be heard this the 8a' day of August 2005 with a motion made by Commissioner
Williams, Seconded by Commissioner Letz, the Court unanimously approved by a vote
of 4-0-0 to transfer the following expense codes:
Expense Code Line Item Description
10-434-496 Interpreters
10-435-417 Special Trials
Amendment
Increase/QDecrease
$756.00
($756.00)
ORDER N0.29311
BUDGET AMENDMENT
198TH DISTRICT COURT
Came to be heard this the 8ei day of August 2005 with a motion made by Commissioner
Baldwin, Seconded by Commissioner Nicholson, the Court unanimously approved by a
vote of 4-0-0 to transfer the following expense codes:
Amendment
Expense Code Line Item Description Increase/QDecrease
10-436-494 Special Court Reporters $750.00
10-436-417 Special Trials ($750.00)
ORDER N0.29312
BUDGET AMENDMENT
COUNTY CLERK
Came to be heard this the 8a' day of August 2005 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 4-0-0 to transfer the following expense codes:
Amendment
Expense Code Line Item Description Increase/QDecrease
10-403-108 Part-Time $1,608.40
10-403-104 Deputy Salary ($1,608.40)
ORDER N0.29313
BUDGET AMENDMENT
COUNTY CLERK
Came to be heard this the 8s' day of August 2005 with a motion made by Commissioner
Lett, Seconded by Commissioner Nicholson, the Court unanimously approved by a vote
of 4-0-0 to transfer the following expense codes:
Amendment
Expense Code Line Item Description Increase/QDecrease
10-403-562 Computer Software $3,500.00
10-403-569 Operating Equipment $3,000.00
10-403-216 Employee Training ($6,500.00)
ORDER NO. 29314
BUDGET AMENDMENT
ENVIRONMENTAL HEALTH
Came to be heard this the 8u day of August 2005 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 4-0-0 to transfer the following expense codes:
		Amendment
Expense Code	Line Item Description	Increase/()Decrease
10-640-309	postage	$200.00
10-640-438	laboratory testing	$500.00
10-640-569	operating equipment	$300.00
10-640-570	capital outlay	($1,000.00)
ORDER NO.29315
BUDGET AMENDMENT
SHERIFFS DEPARTMENT
GENERAL REVENUES
Came to be heazd this the 8a' day of August 2005 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Letz, the Court unanimously approved by a vote
of 4-0-0 to transfer the following expense codes: with a hand check in the amount of
$$8,890.48 payable to Kerr County Sheriff Seizure Account-G
Expense Code Line Item Description
10-560-462 Lease Payments
10-560-455 Vehicle Equipment
10-370-300 various refunds
Amendment
Increase/()Decrease
$8,890.65
$6, 051.85
$14,942.50
Proceeds from TAC to payoff on 'OS Crown Victoria
ORDER NO. 29316
BUDGET AMENDMENT
COMMISSIONERS COURT
Came to be heard this the 8~' day of August 2005 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 4-0-0 to transfer the following expense codes to pay for "Notice of Sheriffs Sale"
with a hand check to Valley Morning Star.
Amendment
Expense Code Line Item Description Increase/QDecrease
10-401-430 Notices $1,087.56
10-401-486 Professional Services ($1,087.56)
ORDER NO. 29317
LATE BILL
ROAD AND BRIDGE DEPARTMENT
Came to be heard this the 8~' day of August 2005 with a motion made by Commissioner
Williams, Seconded by Commissioner Letz, the Court unanimously approved by a vote
of 4-0-0 to issue a hand check in the amount of $149.68 to Continental Battery Company.
ORDER N0.29318
MONTHLY REPORTS
Came to be heard this the 8ei day of August 2005, with a motion made by Commissioner
Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote
of 4-0-0 the following monthly reports:
Sheriff
County Clerk
J.P. #3
ORDER NO.29319
PROPOSAL EMS CONTRACT
Came to be heard this the 8s' day of August 2005, with a motion made by Commissioner
Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of
4-0-0 the proposal of the EMS Contract and authorize Commissioner Letz to send it to
the City of Kerrville.