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KERR COUNTY COMMISSIONERS COURT
Regular Session
Monday, November 14, 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 Pr_t. 3
DAVE NICHOLSON, Commissioner Pct. 4
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November 14, 2005
Visitors' Input
Commissioners' Comments
1.1 Resolution to authorize Kerr County to reapply
for grant for a wastewater collection system for
Center Point
1.5 Consider authorizing Memorandum of Understanding
with owners of property at 219 and 221 SH 480,
Center Point, to construct skateboard facility
1.2 Request Court to declare November 20-26, 2005 as
Employer Support of the Guard and Reserve Week
1.3 Consider opening Sweep Accounts at Security State
Bank, allowing county deposits to receive greater
interest
1.6 Consider approving revision of one "cook" job
description to "Kitchen Manager" job description,
with appropriate pay grade and step
1.7 Consider proposed conditional lease agreement with
Hill Country Mounted Peace Officers Association for
construction of a multi-use facility
1.8 Consider authorizing court order to extend TCDRS
900-hour rule to January 1, 2007
1.12 Consider/discuss, take appropriate action for road
name changes for privately maintained roads
1.13 Consider setting public hearing for regulatory signs
1.9 Open bids for electrical, plumbing, HVAC, and pest
control
1.14 Consider final plat of Heavenly Acres
1.16 Consider final revision of plat for Lots 34-37
of The Reserve at Falling Water
1.17 Consider appointment to Alamo Senior Advisory
Committee
1.10 Public Hearing for final revision of plat for
Tracts 8, 9, & 10 of Kerrville Ranchettes
1.15 Consider concept plan of revision of plat for
Valley View Estates
1.11 Public hearing for final revision of plat for
Lots 21 & 22 of The Horizon
1.4 Consider authorizing letter of support for strategy
to assist BA Products to expand its facilities and
remain in Kerr County
1.21 Consider receiving gift from Mrs. Royce Stone
1.22 Report from Library Director/City officials
on plans for adjusting the library budget to
accommodate lower funding level. Consider,
discuss, take appropriate action on funding the
library
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I N D E X
November 14, 2005
1.25 Consider/discuss construction project at Animal
Control Facility
1.18 Consider interlocal agreement with Kendall County
concerning Government Trapper Contract
1.19 Consider Kerr County Subdivision Rules and
Regulations
1.20 Consider Kerr County Water Availability
Requirements
1.26 Consider/discuss ethics requirements for public
employees seeking elected office
1.27 Consider authorizing Employee Health Benefits
insurance consultant to advertise and solicit bids
for Stop Loss Insurance for 2006 Employee Health
Benefits program
1.23 Consider employee's complaint against Mutual of
Omaha's enrollment; consider refund of insurance
premiums back to January 2005 (Executive Session)
1.24 Consider filling vacancy in Treasurer's office
(Executive Session)
1.28 Personnel Issues and Pending Litigation
(Executive Session)
1.29 Consider Personnel Policy and Exempt Employees
(Executive Session)
3.1 Action taken on Executive Session matters
1.30 Reports from the following departments:
Information Technology
Road and Bridge
Facilities and Maintenance
Collections
4.1 Pay Bills
9.2 Budget Amendments
4.3 Late Bills
4.4 Approve and Accept Monthly Reports
5.1 Reports from Commissioners/Liaison Committee
Assignments
--- Adjourned
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On Monday, November 14, 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, ladies and
gentlemen. Let me call to order this regularly scheduled
meeting of the Kerr County Commissioners Court scheduled and
posted for this time and date, Monday, November the 14th,
2005, at 9 a.m. It's that time now. Commissioner Baldwin?
COMMISSIONER BALDWIN: Yes, sir. I have a
special guest this morning to pray for the Commissioners
Court. He's my life-long friend, Tommy Carpenter. Tommy is
a businessman here in Kerrville, and ranching family from
the west end of the county. At one time, his family's
ranching enterprise covered several counties. So, one of
the foundations of our community, actually. This is Tommy
Carpenter.
MR. CARPENTER: Before my time, I can tell
you.
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you.
COMMISSIONER BALDWIN: Thank you, Tommy.
JUDGE TINLEY: At this time, if there's any
member of the audience or the public that wishes to be heard
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on a matter that is not a listed or indicated agenda item,
we'd be happy to have you come forward at this point in
time. If you wish to be heard on an agenda item, we would
ask that you fill out a participation form. They're at the
back of the room. It's not absolutely essential that you do
form, when we get to an agenda item and you want to be heard
with regard to that item, gain my attention any way that's
necessary, I suppose, and we'll see that you have the
ability to participate in that particular agenda item. But
right now, if there's a member of the audience or public
that wishes to be heard on an agenda item -- an item that is
not a listed agenda item, come forward. Mayor Gene Smith.
Good to have you here this morning.
MAYOR SMITH: Gene Smith, One Antelope Trail,
Kerrville. I wish to thank the Commissioners Court for
inviting the City Council and the City Manager to meet with
you for dinner the other night. It was a very successful
meeting, as far as I was concerned. And, you know,
everything in life is a matter of communication or
miscommunication, and I think this meeting was an excellent
time to establish communications between our two, and
establish a little more friendly relationship. So, I look
forward to a very nice relationship with the Commissioners
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Court and the City Council, and let's go forward from here.
Thank you very much.
JUDGE TINLEY: Thank you, sir. We appreciate
your participation and those members of the Council that
were there, and we enjoyed it very, very much, and
appreciate the communication and rapport we gained.
MAYOR SMITH: Thank you.
JUDGE TINLEY: Okay. Commissioner Baldwin,
what do you have for us?
COMMISSIONER BALDWIN: I just wanted to echo
the good mayor, that Thursday's meeting, I thought, was
absolutely excellent, and it was good to get -- get in there
and jab at each other a little bit and have a little fun,
and -- and actually talk about laying down our differences
and moving forward for the betterment of the taxpayers of
Kerr County. Another item, the passing of Mrs. Fisher.
Mrs. Felix; Fisher, I understand, passed away, and as we --
most of us know, that's Mrs. Ella Real Fisher from a
founding family. And, anyway, we need to lift that family
up and remember them in our prayers. That is all I have.
JUDGE TINLEY: Commissioner 2?
COMMISSIONER WILLIAMS: I would echo Mayor
Smith's comments and Commissioner Baldwin's' comments. I
thought the dinner was extraordinarily good. Food was good,
but the -- but the ability to meet with our colleagues on
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City Council and talk in a relayed atmosphere, break bread
and think about things that can be done that we have not
done before made a whole lot of sense, and I -- I thought it
was time well spent, and I hope we do it again quickly.
That's it.
JUDGE TINLEY: Commissioner 3?
COMMISSIONER LETZ: Echo the same comments,
and I'd like to add one thing. I'd like to also thank
Buzzie's Barbecue for having the great barbecue we had
donated by them, and we appreciate their service to the
community in efforts like this. Only thing I -- I've got a
lot of items on the agenda, so I'm going to be quiet for
the -- right now.
COMMISSIONER BALDWIN: For the rest of the
day?
COMMISSIONER LETZ: No, for right now.
JUDGE TINLEY: He almost said it, didn't he?
COMMISSIONER LETZ: It almost came out.
COMMISSIONER BALDWIN: Almost had him on the
record here.
JUDGE TINLEY: Commissioner 4?
COMMISSIONER NICHOLSON: I very -- very much
regret that I had to miss that dinner meeting. I was -- at
the same hour, was in a meeting with the Emergency Service
District Number 2 Board of Directors, and it was critical
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that I be there. And I just want to tell you that those
issues are being dealt with and they're being resolved, and
-- and I'm very positive that they're going to -- them and
the fire department are going to put their differences
behind them and move forward. So, that -- that's good news
for everybody.
COMMISSIONER BALDWIN: Good news.
JUDGE TINLEY: Is that it?
COMMISSIONER NICHOLSON: Well, other than
Commissioner Williams and I watched the national champion
Baylor women's basketball team kick off a new championship
season run yesterday afternoon on television.
COMMISSIONER WILLIAMS: That was a lot more
eliciting than watching -- or listening to the Bears lose
another football game.
COMMISSIONER NICHOLSON: Oh, yeah, that's
right.
COMMISSIONER WILLIAMS: We won't go there,
will we?
JUDGE TINLEY: As indicated, I appreciate the
City's participation in that dinner that Mr. Buzzy Hughes
was kind enough to provide the food for. It was
Commissioner Baldwin's idea initially, and I think it turned
out to be a wonderful event. A lot of interesting
possibilities and subjects were broached, and I think it
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behooves us to delve further into those. There may be some
efficiencies that can be gained by investigating the
possibilities that were mentioned, and maybe some that don't
pan out, but there may be some that do pan out. But until
we take a look at them, we don't know, and that's where the
communication comes in. I look forward to that.
COMMISSIONER LETZ: Judge, before you -- on
that point, 'cause most people here were not present at the
meeting, it might be interesting to note that most of the
discussion went on expanding our joint relationship, as
opposed to going the other direction. We've obviously had a
lot of conflict on some contracts in the past year, and --
but we feel we can -- we're over -- we're past that, and
looking really to find more ways that we can cooperate.
JUDGE TINLEY: That's interesting to note.
Generally, you see situations where people who are involved
in a joint venture that -- that don't have the ability to be
successful or otherwise go forward with that joint venture,
they decline to continue operating. The whole tenor of the
meeting that we had last Thursday was to look at new
possibilities. There were things mentioned; insurance, for
example, municipal court functions, a number of other type
subjects that were mentioned to be looked at in the future.
These are brand-new areas that -- that we're not currently
involved in, and I think it's a good sign, and we're going
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to look into those possibilities.
inspection occurred last week. The inspector from the Texas
for the last three years, possibly longer than that, but
he's very familiar with the facility, and he was challenged
to find some deficiencies with regard to that operation.
I'm happy to report that -- that the report that I reviewed
and signed	off on	showed no	-- that's zero -- deficiencies.
And I invit	e any	of you to	review the standards that are in
place from	the Co	mmission o	n Jail Standards, and look at the
-- the length and breadth of those standards, and I can
assure you, there -- there are some -- there's some pretty
extensive standards, and they're, some of them, fairly
complicated. And I think the Sheriff and his staff and Jail
Administrator, Pedro Garcia, and all of his staff have done
an excellent job. As I recall, in the last three years -- I
believe the first year I was there, there was a couple of
minor documentation deficiencies. I don't believe there's
been one since then. And, as I say, the Sheriff challenged
this inspector to find some deficiencies, and he was unable
to do so.
On another item of more personal interest,
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almost two weeks ago, we've got grandchildren 7 and 3.
These are twins, a girl and a boy; the girl five and a half
pounds, the boy six and a half pounds, born to my oldest son
down in Houston. And these are the first children of he and
his wife, Shannon. So, everybody's doing well. They're
healthy, and hopefully the spoiling can be spread around now
among not only the first six, but now the first eight.
Let's get on with the business at hand. We're just about to
the first timed item.	Consider, discuss, and	take	
appropriate action on	a resolution authorizing	Kerr	County
to reapply to the Texas Water Development Board for a grant
to undertake planning and engineering for a wastewater
r_ollection system for the community of Center Foint.
Commissioner Williams.
COMMISSIONER WILLIAMS: Thank you, Judge. As
I noted in the backup statement, this is a new resolution
that would authorize Kerr County to reapply to the Texas
Water Development Board for grant funding for planning aad
engineering for a Center Point wastewater collection system.
The resolution memorializes all of the things that we have
done going back to July 2004, but it specifically does not
at this time take note of the two programs that T.W.D.B. has
discontinued, and it takes note only of the one that we are
asking for consideration under this time. So, if it please
the Court, I'll skip the whereas's, but I'll read the
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resolution, the Resolved into the record. "That Kerr County
reaffirms its desire to obtain grant funding for planning
and engineering design for a wastewater collection system
for the community of Center Point and authorizes
reapplication to Texas Water Development Board, and that
Kerr County Judge Pat Tinley and/or Precinct 2 Commissioner
Bill Williams are designated and authorized to represent
Kerr County for the purpose of furnishing such information
and executing such documents as required; and be it further
resolved that Kerr County gratefully acknowledges the
commitment of U.G.R.A. for matching funds and pledges
in-kind services as may be necessary."
That summarizes it, and that will be
incorporated into the application, which we anticipate
delivering -- hand-delivering to T.W.D.B. on or about
December 1. I would move the resolution.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
adoption of the resolution as -- as provided. Is there any
question or discussion? All in favor of the motion, signify
by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let
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us move, if we might, to Item Number 4; consider, discuss,
and take appropriate action to authorize a letter of support
for the strategy developed by Kerr Economic Development
Foundation to assist B.A. Products, Incorporated, to expand
its facilities and remain in Kerr County. I don't see Guy
Overby here; we may want to pass that one.
COMMISSIONER WILLIAMS: I don't either,
Judge. We can pass till Guy gets here, 'cause he needs to
explain the strategy --
JUDGE TINLEY: All right.
COMMISSIONER WILLIAMS: -- to the Court.
JUDGE TINLEY: Let's move -- we'll pass on
Item 4 right now and move to Item 5; consider, discuss, and
take appropriate action to authorize a memorandum of
understanding between Kerr County and owners of property at
219 and 221 State Highway 480, that being San Antonio Street
in Center Point, to construct a skateboard facility at the
Kerr County park located on the Guadalupe River at Skyline
Drive. Commissioner Williams?
COMMISSIONER WILLIAMS: Thank you, Judge. I
have in the audience today -- will you pass that out,
please, Judge, to the members of the Court? -- Mr. Don
Shirkey, who is a property owner on State Highway 480, San
Antonio Street. His property is right next to the Woolls
Building, which was the one that's now noted on the Kerr
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County Historic Register, having been renovated and put back
into good order, and Mr. Shirkey has some problems with
respect to -- as does his neighbor, with respect to a lot of
skateboarding that's taking place on and in front of the two
buildings and doing damage to the two properties. And he
has a proposal that he brought to me that he would like to
have the Court consider. It is a proposal that would enable
him and his neighbor to construct a skateboard park in the
Kerr County park on the Guadalupe River at Skyline Drive.
Mr. Shirkey, will you come up and tell the Court exactly
what you have in mind? What I have passed out to the Court
is the County Attorney's memorandum, which indicates that
our liability in such a circumstance would not be any
greater than it is currently today. Mr. Shirkey?
MR. SHIRKEY: Thank you. I have one
correction; I'm not the property owner. My son-in-law and
daughter are the property owner. I'm occupying it and
trying to care for it. The young boys that I've been
working with, they're all very nice and -- but they're
damaging the property, and they've done damage to Ed
Storey's property, which is next door. I finally had to
call the Sheriff, and I hated to do that. I would like to
then work on constructing a facility in the park that the
boys could use in the evening after school, and I'm going to
-- if I can have permission to do that, I will then work out

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the process of actually building it. And I've been working
skateboarder of the world. So, there are more skateboarders
than there are Little League players, but yet we have lots
of Little League parks and very few skateboard parks. But
they're coming. What I intend to -- to build, if I'm given
permission to build it on that property, will be very small.
It won't in~~lude a lot of the dangerous leaps and things
that you may have seen when you watch television. We just
don't have the money or the effort to make anything that
big. So, I would like to have permission to work on this.
I believe that working with the boys and setting a good
example -- community example for them will give us better
citizens than calling the Sheriff.
COMMISSIONER WILLIAMS: For the benefit of
the Court, the little park on Skyline and Guadalupe has a
small basketball court; it has several concrete picnic
tables under the huge live oak tree that the County put in
there over the course of the last four or five years, and
there is -- there is sufficient property remaining away from
the picnic tables and the basketball court that
Mr. Shirkey's idea could be -- could be constructed. I
asked the County Attorney to take a look at this, because I
recently read where the City is engaging in providing or
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giving permission for the construction of a skateboard park,
and I wondered that -- whether or not the City's liability
would be increased as a result of that, and therefore, would
the County's liability be increased if we were to do
something similar in Center Point. The County Attorney
provided me with a copy of -- of Title IV, Liabilities in
Tort, Chapter 75, Limitation of Landowner's Liability, in
which we -- he opines that our liability in this situation,
if we're not overseeing it, supervising it, charging
admission for it or whatever, is no greater than -- than
somebody who walks in and trips and hurts themselves in the
park right now. So I think we've satisfied -- am I correct,
Rex, in that?
MR. EMERSON: Yes, sir.
COMMISSIONER WILLIAMS: So I think we're okay
in that. There is room to do it. And my understanding,
Mr. Shirkey, is that you and -- and perhaps your neighbor
would bear the cost of this; is that correct?
MR. SHIRKEY: We what?
COMMISSIONER WILLIAMS: You would bear the
construction cost.
MR. SHIRKEY: Yes. Yes.
COMMISSIONER WILLIAMS: Completely bear the
construction cost.
MR. SHIRKEY: Yes. This will be a thing that
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was about 10 feet wide and b0 feet long, so it's not one of
those 10,000, 20,000 square foot skateboard parks. It's
very -- be a very small item. It's a small community. And
I think Ed Storey and I can do it. We will go up to the
community to see if we can get some help, somebody with a
front loader, maybe somebody to drop some gravel for us, and
I will do up the plans, draw them up. And if you wish, I'll
bring -- when I get them finished, I'll bring a set up here
and you can take a look at them, pass them to the other
Commissioners. And I would like to actually get a -- to
have you know what -- if you approve it, have you know what
we're going to actually have when we get finished.
COMMISSIONER WILLIAMS: Well, I think I'd
kind of like to move it along the lines of a conditional
approval. I'd ask the Court for a conditional approval
based on you're able -- your ability to line up everything
necessary to do it, and giving us one last opportunity to
take a look at the plan itself and the proposed location in
the park. So, I would move, for this purpose now, that the
Court give conditional approval based on those factors noted
to Mr. Shirkey's plan to move forward with construction of a
skateboard park.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
conditional approval. I assume, Commissioner, the condition
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is that once he gets the plan kind of finalized, he's going
to bring it back here for final approval?
COMMISSIONER WILLIAMS: Yes, sir.
JUDGE TINLEY: Okay. Any question or
discussion?
	COMMISSIONER	LETZ:	Just a question as to --
the location	you're talking	about	is Lions Park, correct?
	COMMISSIONER	WILLIA	MS: Yes.
	COMMISSIONER	LETZ:	Have you looked at the
other park i	n Center Point,	the ri	ver -- what's it called?
The River St	ar -- the Star Park?	The one across the -- next
to the Post	Office. I mean,	there	just may be another
location.			
COMMISSIONER WILLIAMS: Across from the Post
Office?
COMMISSIONER LETZ: Well, across -- next to
the Post Office, the new park that they built.
COMMISSIONER WILLIAMS: Oh, that's
historical. That's the historical park.
COMMISSIONER LETZ: Oh, okay.
COMMISSIONER WILLIAMS: And they have plans
for a museum and a pavilion and --
COMMISSIONER LETZ: Right.
COMMISSIONER WILLIAMS: -- all sorts of
things like that. In fact, I'm going to ask you to buy some
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raffle tickets for the fundraiser. You led into that one,
didn't you?
COMMISSIONER LETZ: Should have kept my mouth
shut.
COMMISSIONER BALDWIN: You said you were
going to.
COMMISSIONER WILLIAMS: You led right into
that one, Commissioner.
COMMISSIONER LETZ: No more questions; it
might cost me more money.
COMMISSIONER BALDWIN: I have a couple of
comments, Judge. First of all, the -- in your problem
paragraph where you wrote about all the damage they did to
private property and leaving trash and all that, if they're
breaking the law, they need to be arrested, period. I --
we're not going to have a dialogue; I'm just going to say
what I've got on my mind. The -- you know, it looks to me
like, well, we're not going to hold them accountable; we're
going to do something for them. So, that's okay. And I'm
doing pretty good through all of this. Pretty good. I want
to talk about the Deputy Sheriff here in just a minute. But
when I got to the last letter, D, If Kerr County refuses
this request, it will be responsible for any damaged
property and/or deaths caused by or associated with
skateboarders, you threw me off there. I got real negative

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after I	read that.	But I really need to	know, are we going
to adopt	this --		
COMMISSIONER WILLIAMS: No.
COMMISSIONER BALDWIN: -- list?
COMMISSIONER WILLIAMS: No.
COMMISSIONER BALDWIN: Where a Deputy Sheriff
is going to run by there every once in a while, --
COMMISSIONER WILLIAMS: No.
COMMISSIONER BALDWIN: -- take a list of
names and see that they're licensed and all that kind of
stuff?
COMMISSIONER WILLIAMS: No, we are not.
This --
COMMISSIONER BALDWIN: Okay.
COMMISSIONER WILLIAMS: These were
Mr. Shirkey's points he made in giving the proposal to me.
This is not something I'm asking the Court to sign off on or
adopt, or in any way adhere to.
COMMISSIONER BALDWIN: Very good.
COMMISSIONER LETZ: I think -- just another
comment. I think -- I'm not real familiar; I'm somewhat
familiar with the situation. I think it's a little bit of
an issue as to who owns the properties where the people --
they're really not trespassing. I think it's probably
either a state or county sidewalk. It's a little bit of an
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issue, and it's probably state, 'cause it's a farm-to-market
road. So, you might talk to TexDOT, at least get some
right to --
COMMISSIONER WILLIAMS: That's a very good
point, Commissioner. And I think many title researching
investigations that have been done on other parcels up and
down State Highway 980 have indicated that highway
right-of-way goes right up to the -- actually, the building,
and I would think that's the same rase here. But, you know,
if TexDOT wants to come in and lend a hand, that's fine too.
We can maybe give you a hand in finding that out.
MR. SHIRKEY: Well, my indication is that the
property goes to the curb line, and I've been trying to
check that out thoroughly, and haven't got a full answer to
it yet. The people that owned the property previously to my
son-in-law and daughter buying it cut places in the sidewalk
next to the curb and planted crape myrtle trees. There may
be -- if you've driven up there, you've seen those out
there; there's five of them, and they've put a lamppost out
there. They operated as if it is their property, and I'm
sure before they spent the money on it, they probably --
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they had well looked at it. My steps coming out from the
bank building are out on the sidewalk. At what point, then,
would the building start? I apologize for putting that
other comment in there, but it -- I'm a little emotional.
I'm -- I'm a vet with post-traumatic stress syndrome and bad
hearing, and I get to thinking too much. But --
COMMISSIONER WILLIAMS: We're all guilty of
that sometimes.
MR. SHIRKEY: The people park their cars
right next to this area when they're going to check mail,
and -- and some of them have complained to me because they
were afraid the boys would run into them with the
skateboard. They've torn up other stuff, hitting it with
the skateboard. My personal concern is I've seen them
actually bounce out into the street a couple of times, and
if you've ever watched the traffic there between 4:30 and
5:30, I just wouldn't want one of them -- to ever find out
that one of them got hit out there in the road. I'd much
rather spend the effort to build a skateboard park.
COMMISSIONER WILLIAMS: Thank you.
JUDGE TINLEY: Thank you, sir. Any other
questions or comments?
MAYOR SMITH: Judge?
JUDGE TINLEY: Yes, sir?
MAYOR SMITH: Inky didn't tell me to keep my
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mouth shut, so I guess I'll say something. The City has
just approved a skateboard park by Playscape, and I've
gotten a lot of calls from people saying, "Well, that's just
going to have a bunch of undesirables there." I don't know
what undesirables are. I raised probably seven
undesirables, so... (Laughter.) But young people have to
have a place to expend their energy. Now, do you want them
running around on the streets expending their energy, or
goinq to some facility that they can use up their energy on?
And I think -- I -- I could never skate, but I can see these
people skating. But we've approved it for the City, and I
recommend that y'all consider this generous offer from the
gentleman over here. Thank you.
JUDGE TINLEY: Thank you, sir.
MR. SHIRKEY: Thank you.
JUDGE TINLEY: I'm just waiting for
Commissioner Baldwin to weigh in and 'fess up that he's
guilty of thinking too much on occasion.
COMMISSIONER BALDWIN: No, that won't happen
here.
JUDGE TINLEY: Oh, okay.
COMMISSIONER BALDWIN: But I will confess
that I know who Tony Hawk is. Tony Hawk, I know who that
is.
MR. SHIRKEY: Oh.
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COMMISSIONER BALDWIN: He not only has a bus,
he has a jet. This guy's a skateboarder.
COMMISSIONER WILLIAMS: Maybe he'll come down
here and give our kids some instruction.
COMMISSIONER BALDWIN: He's an incredible
guy, too. Great leader.
JUDGE TINLEY: We have a motion and second.
Any further question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. It is
9:30. We are to another timed item, Item Number 2, a
request to the Court to declare the week of November 20th
through 26th, 2005, as Employers Support of the Guard and
Reserve Week, E.S.G.R., and a proclamation to that effect.
General Walter Schellhase, good to have you here this
morning.
MR. SCHELLHASE: Walter Schellhase, 529 Water
Street. Commissioners and the Judge, I come before you
today to ask you to declare the week of November 20-25 as
Employer Support for the Guard and Reserve proclamation.
It's important that we remember those people that are
suffering a lot during the global war on terrorism, but it's
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also important that we remember the employers that are
providing those people. Today, as we stand here, we have
158,000-plus on active duty that have been activated from
the Guard and Reserve serving in over 34 countries. 134,000
The casualties today
from the Guard and Reserve, so they are suffering a great
portion of the hardship that are -- is now taking place.
The Guard and Reserve, as an area rep for that, I have the
responsibility of seeing that those people that return from
active duty are given all the rights and privileges provided
to them by law. In Kerr County today, we've only had one
complaint from a Reservist, that his automobile -- truck was
repossessed while he was on active duty. And, of course,
that's against the law. And although he was behind six
months in his payments, it's still against the law, and that
-- that was resolved by the national rep for that item.
It's important for to us remember that the
pay -- payroll check balance, which means that those people
that are taking a pay cut as a result of going on active
duty are being paid by their employer to equal balance the
pay that they received while they were working. A big plus
for all those. Many of the employers in Kerr County even
keep them on their payroll -- I mean keep them on their
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health care, their benefits, totally. That's a big cost for
the employer, so it's important that we remember the
employers and the price that they're paying also for those
people that have been activated. So, appreciate the
opportunity to be here, and ask you to do that proclamation
for us to declare this support of the Guard and Reserve
employers. Thank you.
JUDGE TINLEY: Thank you, sir.
COMMISSIONER WILLIAMS: Judge, I would move
that the Court proclaim November 20 through November 25 as
National Employee -- Employer Support of the Guard and
Reserve Week in Kerr County.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
adoption of the proclamation, and adoption of November 20
through 26, 2005, as National Employer Support of the Guard
and Reserve Week in Kerr County. Any question or
discussion? All in favor of that motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Thank
you very much, General. We appreciate you being here, and
we appreciate the -- the support and sacrifice made by the
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employers to these service members. Let's move on to
Item -- we're close enough to 9:35 -- 3; consider, discuss,
and take appropriate action on opening up sweep accounts at
Security State Bank, which will allow the county deposits to
receive greater interest. Ms. Nemec?
MS. NEMEC: Good morning. I first read about
this sweep account in the San Antonio paper. They were
discussing how some of the accounts at certain entities over
there were earning more interest by opening up these sweep
accounts. Right now, our accounts at Security State Bank
are earning approximately .55 percent interest. By opening
up these sweep accounts, we would be earning what the fed
rate -- the current fed rate would be. For example, like,
in October, that rate was 3.66, so that's a big difference
in interest that we would be earning by doing this. The
down side of it is that we're going to have to have two
accounts for -- for each account that we have. But when you
see the great -- the difference in the interest that they're
paying, I think it's well worth it. I'm coming to you today
to ask that the amounts that are under the County
Treasurer's accounts, that you authorize that we do open up
these sweep accounts. But I also encourage for you to
discuss this with maybe other elected officials who have
their own bank accounts, because they could be doing the
same thing and earning that greater interest. We do have
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Ava Jones from Security State Bank that would like to
address the Court and talk to you a little bit more about
that. Ava?
MS. JONES: Thank you. Just to explain how
this works, what you would do is, the Treasurer has her
operating account, and so she would open up this sweep
account, and daily the funds would be swept over into that
sweep account to earn the higher interest rate. As she
said, it is considerably different, where you're -- you're
getting basically what you might be earning on a C.D.
without havinq to lock it in for a certain time frame. You
would set your limits on your operating account to, say,
maybe 25,000, so that operating account stays at 25,000.
Anything over that sweeps into that sweep account. You
might ask why we have to set up two different accounts for
this, or a separate account. What it is, is that sweep
account cannot have any other deposits or withdrawals coming
out of that. That is specifically set up as a transfer
account from the operating account to the sweep account, and
so there would be no checks issued on it. The transfer
would be set up to be done automatically on a daily basis
through the bank.
COMMISSIONER WILLIAMS: Interest rate
currently is?
MS. JONES: 3.6 -- well, that was as of
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October. I did not look at the current interest rate. I
would say that it's not less than that.
COMMISSIONER BALDWIN: Is there a time frame
that we need to get into it before we lose something?
MS. JONES: No.
COMMISSIONER BALDWIN: We can do that any
time?
MS. JONES: Mm-hmm, right.
COMMISSIONER BALDWIN: I'm wondering if we
shouldn't ask the other officials about -- and do all of it
at one time. Maybe not.
COMMISSIONER WILLIAMS: I was going to ask
Barbara if she would list the accounts that she had in mind
and give us some sense of what's going to be -- what could
happen and what -- what others are out there to be
considered.
MS. NEMEC: I really would say that with all
my accounts, and the balances that are -- that are held in
those accounts, I would suggest that we do sweep accounts on
all of them.
MS. JONES: And that's really what I would
say, is that any of them that have 10,000 -- anything
greater than that, even, to -- to set them up as a sweep
account so that your interest -- your money is earning the
highest interest that it possibly can.
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COMMISSIONER BALDWIN: Your money.
MS. JONES: Well, right.
JUDGE TINLEY: How long are these sweep
a~~oounts --
MS. JONES: We've just started doing them
this year, to actually get them set up through the County
and through the school systems. We currently have several
school systems that are doing them right now. So --
JUDGE TINLEY: What about in other locations?
Were they common in other locations prior to this year?
MS. JONES: That -- that I could not tell
you. I know that our bank just started doing them this year
and promoting them this year.
COMMISSIONER WILLIAMS: Corporations use them
to a great extent.
JUDGE TINLEY: You say your bank just started
promoting them this year?
MS. JONES: Right, and using them this year.
JUDGE TINLEY: Okay.
MS. JONES: To my knowledge.
COMMISSIONER LETZ: Barbara, I have a
question. What -- about how much -- what's the average
daily balance in all the accounts that are under your --
MS. NEMEC: Oh, it just depends. You know,
it's tax season right now; we'll probably start having
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balances of 3 million. So --
COMMISSIONER LETZ: I just wonder what the
application is of how much we keep in these accounts. We
have some other investment accounts as well.
MS. NEMEC: Right.
COMMISSIONER LETZ: I was wondering how the
balance of all these versus the other investments --
MS. NEMEC: Well, we try to keep just enough
in the accounts for operating, and then keep the rest in
money market to be able to have -- you know, so our funds
will not be locked up.
COMMISSIONER LETZ: Right.
MS. NEMEC: But, you know, if they're
offering something like this to us, then we wouldn't even
have to worry about keeping them in a money market account.
This would be our best option.
COMMISSIONER LETZ: This rate sounds higher
than money market.
MS. JONES: That's what I was going to say.
The money market right now is only at 1.05 percent.
COMMISSIONER LETZ: Well, you'd have
additional accounts here; we can probably get rid of some
other accounts.
MS. NEMEC: Right, exactly.
COMMISSIONER LETZ: May not be that biq of an
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increase in workload, any more entries. I move approval of
transferring all the accounts under the Treasurer's
Department to sweep accounts -- or not transferring to;
opening sweep accounts under all those accounts that are
under the Treasurer's jurisdiction.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item.
MS. JONES: Thank you.
JUDGE TINLEY: Any question or discussion?
COMMISSIONER WILLIAMS: Question. Would --
are we also going to maybe suggest that others who have
control of certain accounts likewise consider this? Or are
we just talking about the Treasurer's accounts?
COMMISSIONER LETZ: I think all we can do
today is the Treasurer's accounts, and I think it's probably
up to each elected official to look at this individually,
'cause they control their own accounts. But I would
certainly recommend that they all do whatever they can to
increase the interest we receive on all accounts. And I'm
sure that -- I think the Clerk probably has quite a few
accounts as well in a lot of different areas.
JUDGE TINLEY: Any further question or
discussion on the motion? All in favor of the notion,
signify by raising your right hand.
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(The motion carried by unanimous vote.)
DODGE TINLEY: All opposed, same sign.
INO response.)
JUDGE TINLEY: That motion does carry. I
don't see Guy. Let's move on to Item 6; consider, discuss,
and approve the revision of one cook's job description to
Kitchen Manager job description with pay grade and step
assignment reflective of job description and work duties.
Ms. Harris.
MS. HARRIS: Yes, sir. Good morning. We
have an opportunity to hire an individual that has some
extensive cooking experience. However, the person that I
gave you in the backup documentation that I sent you
resigned last week. So, another gentleman came and
interviewed that has extensive experience and is capable of
doing the same duties that I gave you in the job
description; however, his years of experience are not quite
as extensive as the previous gentleman. So, my
recommendation for the pay grade and step is, instead of a
17, I'm recommending a 15-1.
COMMISSIONER LETZ: What's the current --
MS. HARRIS: The current is a 12-1, and
that's at 19,566. And that's for a person that -- just
basically off the street that would like to cook.
COMMISSIONER. LETZ: Right. Is the
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Treasurer -- Barbara?
MS. NEMEC: Yes?
COMMISSIONER LETZ: What is -- I guess the
only equivalent position we have is in the jail. What does
the cook get in the jail? What rate -- what level is that?
SHERIFF HIERHOLZER: Starting is 14-1.
COMMISSIONER LETZ: 14-1?
SHERIFF HIERHOLZER: I don't know if the pay
scale -- if the step and grade --
MS. NEMEC: It's a different pay grade,
though, that we're using in the jail.
SHERIFF HIERHOLZER: It's the same as the
jailer, which the pay itself, Commissioner, would be -- a
14-1 -- hold on, let me see what I have.
MS. NEMEC: It's 5 percent more than what the
14-1 is on the regular schedule.
SHERIFF HIERHOLZER: 19-1 in the jail,
starting jailer's pay, which would also be the cook, is
26,869.
MS. HARRIS: No wonder I can't find a cook.
COMMISSIONER LETZ: 26,869?
SHERIFF HIERHOLZER: 26,869.
JUDGE TINLEY: And your 15-1?
MS. HARRIS: 22,691.
JUDGE TINLEY: 22,691?
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MS. HARRIS: 22,691.
COMMISSIONER WILLIAMS: What was the one you
just said, Rusty?
SHERIFF HIERHOLZER: 26,8.
MS. HARRIS: That's what my shift supervisors
make.
COMMISSIONER LETZ: And the funds -- the plan
is still to take the funds out of the part-time?
MS. HARRIS: Yes, sir. And instead of it
being the transfer of that 5,482, I would request that we
transfer 3,125.
COMMISSIONER LETZ: Barbara, would the -- the
job description as outlined, is a 15-1 appropriate?
MS. NEMEC: I haven't seen the job
description.
COMMISSIONER LETZ: I mean, it seems -- I
mean, if I'm reading it right, it seems that the person has
had -- is making decisions and, you know, somewhat
management, and a 15-1 is about appropriate, so I don't have
any problem with that. But I think I'll make a motion to
approve your request contingent on the Treasurer looking at
it from a personnel standpoint to make sure that it fits a
15-1 from the standpoint of duties. I believe it probably
does.
COMMISSIONER WILLIAMS: I'll second it.
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JUDGE TINLEY: Motion made and seconded,
contingent upon satisfactory review by the Treasurer.
COMMISSIONER LETZ: From a personnel
standpoint.
JUDGE TINLEY: Personnel. Any questions,
discussion on the motion?
COMMISSIONER WILLIAMS: I just have one
question of Becky. Given that you indicate that the new
person that you have hired or intend to hire --
MS. HARRIS: Intend to.
COMMISSIONER WILLIAMS: -- doesn't have quite
as much experience as the one that you wanted to hire, --
MS. HARRIS: Correct.
COMMISSIONER WILLIAMS: -- or got away, the
duties will still be the same as you've outlined?
MS. HARRIS: Yes, sir.
COMMISSIONEP. WILLIAMS: He's going to be
responsible for all -- managing the food service side, --
MS. HARRIS: Yes, sir.
COMMISSIONER WILLIAMS: -- in a sense?
MS. HARRIS: Yes, sir.
COMMISSIONER WILLIAMS: In addition to
cooking?
MS. HARRIS: Yes, sir.
COMMISSIONER WILLIAMS: Thank you.
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JUDGE TINLEY: Any other questions or
discussion on the motion?
COMMISSIONER BALDWIN: I've got a comment --
actually, a couple. The -- even though it appears that it's
not costing the County anything moving it from one line to
another -- you're transferring $3,125, I think is what you
said, from Part-Time line into the Cooks line, and then next
year the Part-Time line will go back up to be fully funded.
So, what we're doing here is -- even though it's a small
amount of money, is that we're affecting future budgets.
This facility has -- came real close to breaking this
county, and is -- is on track to do exactly that in the near
future, and instead of us trying to manage the thing and
holding costs down, we're -- we're treating this thing as a
five-star hotel where we're hiring chefs out there now, and
I just think that we're on the -- we're on the wrong track
here. We're not -- we're not trying to hold costs down;
we're increasing costs out there, and we're on the wrong
track. I cannot support this.
JUDGE TINLEY: Any other questions or
comments on the motion? Ms. Harris, what -- what savings do
you think will be affected by bringing this individual onto
the payroll?
MS. HARRIS: Well, it will save us on our
food purchasing costs, because this person has experience
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in -- in ordering our food, ordering our groceries at a more
effective and in a more effective manner. And -- and by
being able to cook a lot more food from scratch, that's
always a savings.
COMMISSIONER WILLIAMS: Cutting down waste?
MS. HARRIS: Yes, sir.
COMMISSIONER WILLIAMS: Is that a
possibility?
MS. HARRIS: Cutting down waste, yes. Yes.
Yes, being more astute and being able to prepare each
individual meal more precisely to where you don't have as
much waste, or any at a11. So, it will save in -- in our
food cost.
COMMISSIONER LETZ: I'll make a comment. I
share much of what Commissioner Baldwin says, but my view
also is that until we get to the point that we do decide to
shut it down, if that does happen at some point, and it is a
possibility, we need to try to fund it to stay open and be a
working facility. And a 12-1, in my mind, is not an
adequate level for that position. And -- you know, it's
just that -- that's how I have to look at it.
JUDGE TINLEY: Did you not recently furnish
us a report as to the October operations at the detention
facility?
MS. HARRIS: Yes, sir, I did.
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JUDGE TINLEY: And what was the income
generated at that facility during the month of October?
MS. HARRIS: Over 157,000.
JUDGE TINLEY: What was the -- what were the
expenses of that facility in that same period?
MS. HARRIS: A little over 123,000.
COMMISSIONER BALDWIN: 25.
COMMISSIONER WILLIAMS: What's your census
today?
MS. HARRIS: Fifty -- I wrote it down. 56.
COMMISSIONER LETZ: Keep it up.
JUDGE TINLEY: Any further questions? All in
favor of the motion, signify by raising your right hand.
(Commissioners Williams, Letz, and Nicholson
voted in favor of the motion.)
JUDGE TINLEY: All opposed, same sign.
COMMISSIONER BALDWIN: Nay.
(Commissioner Baldwin voted against the
motion.)
JUDGE TINLEY: That motion does carry. Let's
move to Item 7 -- Item 7; consider, discuss, and take
appropriate action on proposed conditional lease agreement
between Kerr County and the Hill Country Mounted Peace
Officers Association for the construction of a multi-use
facility adjacent to the Kerr County Law Enforcement Center
for emergency operations, law enforcement training, and
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other law enforcement and emergency functions and purposes.
I put this on the agenda in hopes that that lease agreement
would be ready to go. I knew at the time there was about a
10 percent chance. It's not ready to go, so I -- I'm going
to ask that that item be passed for now. We'll put it back
on newt time around, and I think it should be ready.
There's considerable work under way there, Mr. Emerson, on
that item? That lease agreement?
MR. EMERSON: Your Honor, we're still in the
same mode we talked about before. I originally started
dealing with Mr. Henneke, and -- on behalf of the Mounted
Peace Officers Association, and then Mr. Henneke was
informed that they were going to use somebody else because
of the political implications. And the last provision I did
on the contract was probably two or three weeks ago, and I
don't know where it is.
JUDGE TINLEY: Okay, I'll inquire about that.
Thank you.
COMMISSIONER BALDWIN: So, are you saying
that the lawyers are a problem? Surely not. (Laughter.)
MR. EMERSON: Well, I think it goes back to
your initial opening comment, the communications problem.
COMMISSIONER BALDWIN: I see.
JUDGE TINLEY: Let's move to Item 8, if we
might. Consider and discuss authorizing a court order to
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extend the T.C.D.R.S. 900-hour rule to January 1, 2007.
COMMISSIONER BALDWIN: Barbara, I read this,
and I -- I read it a couple of times, and I'm still not sure
what the T.C.D.R.S. 900-hour rule is.
COMMISSIONER LETZ: Thank you, Buster.
COMMISSIONER BALDWIN: What is that?
MS. NEMEC: Okay.
COMMISSIONER BALDWIN: I see that counties
have one option and distrir_ts have another option, but --
MS. NEMEC: Right. We are currently under
the 900-hour rule. If we have any employees that work under
900 hours a year, then they are not eligible for retirement
benefits. However, House Bill 50 -- 633 was passed this
last legislative session on June the 17th, 2005, and it was
made into law that that 900-hour rule is being taken away.
All full-time and all part-time county employees are to be
enrolled in the Texas County and District Retirement System
if they are permanent part-time employees. Now, if we have
a seasonal employee, a temporary employee that is hired just
to do a project, then they would not fall into that, but as
far as I know, all part-timers that are employed with Kerr
County are permanent part-time. There may be some in the
Juvenile Detention Facility that are -- that were hired here
recently; I don't know if those are going to be kept on for
part-time indefinitely or if those are temporary. There
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might be one in the County Clerk's office, but I'm not sure.
Is there two that are just temporary employees, until a
project is finished, or are they --
MS. PIEPER: Part-time full-time.
MS. NEMEC: Part-time full-time, okay. So,
we really don't have very many. However, passing a court
order before December 31st will allow the County another
year to put this into the works, and this way we could
budget nest year to have everybody on the retirement system.
COMMISSIONER BALDWIN: So, what -- you know,
we've always dealt with a part-time employee being -- works
under 19 hours a week, and they -- they don't have the
benefits that full-time employees get.
MS. NEMEC: Right.
COMMISSIONER BALDWIN: Does this wipe that
out? Just everybody, whether you work 18 hours or 14 hours
or --
MS. NEMEC: Yes.
COMMISSIONER BALDWIN: -- gets on the
retirement system? I'd like to think about this for a year.
COMMISSIONER LETZ: We're -- we're ersending
it. Yeah, we -- yeah.
MS. NEMEC: Yeah.
DODGE TINLEY: I'm sorry. You recall during
the budget process, the Auditor told us that we needed to be

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prepared to start funding retirement benefits for our
part-time employees because of recent legislative action;
that we'd not been doing that heretofore, and that -- but
come January 1st, we would -- we would have that obligation
for part-time as well as full-time. That's what we're
dealing with here. Apparently, this legislative bill, or
the administrative aspect of it -- I'm not sure how; it
doesn't make any difference, I suppose -- gives us the
option if, by court order, we choose to defer that for an
additional year, we can avoid funding that as to part-time
employees for 006. That's essentially where we are.
COMMISSIONER BALDWIN: That's what we need to
do and prepare in our budget.
JUDGE TINLEY: Exactly.
MS. NEMEC: For next year, right. So, all I
need is a court order stating that, and that way we won't
have to do it January 1st of 2006; we can wait till the next
budget year.
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: You need a court
order that just merely states our desire to extend the 900
rule -- 900-hour rule till January 1, '07? Or you need it
to include some of that other language about exclusions and
so forth and so on?
MS. NEMEC: No, just that we're extending the
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900-hour rule to January 1, 2007.
COMMISSIONER BALDWIN: Second.
DODGE TINLEY: Motion made and seconded for
approval of the agenda item to extend the 900-hour rule to
January 1, 2007 for part-time employees. Any question or
discussion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(NO response.)
JUDGE TINLEY: The motion does carry.
MS. NEMEC: Thank you.
JUDGE TINLEY: Let's move to Item 12, if we
might; consider, discuss, and take appropriate action for
road name changes for privately maintained roads in
accordance with 9-1-1 guidelines.
MS. HARDIN: There's been a change since the
agenda item. The -- the first one on the list, Dakota
Hills, has been changed to Pawnee Path.
COMMISSIONER WILLIAMS: To what?
MS. HARDIN: P-a-w-n-e-e Path.
COMMISSIONER BALDWIN: Pawnee.
COMMISSIONER LETZ: Pass? Path?
MS. HARDIN: Yes.
COMMISSIONER BALDWIN: Running out of names
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out there? Pawnee Path.
MS. HARDIN: The original one was a
duplicate, and we asked them to change it, so they did it
Friday.
COMMISSIONER LETZ: Where's that? Is this
near Heart of the Hills? Where is this near?
COMMISSIONER NICHOLSON: This is --
JrJDGE TINLEY: Off 39.
COMMISSIONER NICHOLSON: -- off 39, past Hunt
two and a half rniles.
COMMISSIONER LETZ: That's Heart of the
Hills.
COMMISSIONER BALDWIN: Close
COMMISSIONER LETZ: Reason is, we had a
cookout at a ranch; the little dog's name was Pawnee. I
wonder if it's related to this. Must be.
JUDGE TINLEY: I think it might refer to the
Indian tribe.
COMMISSIONER WILLIAMS: It might at that.
COMMISSIONER LETZ: I think it's a little fox
terrier. I move approval. Commissioner, do you want to
move approval?
	COMMISSIONER	NICHOLSON: Yeah.	I've got one
question -	- oh, you handed	out new -- this says	Pawnee? Is
it Pawnee	or Pawnee Road or	Pawnee Pass?	
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MS. HAR.DIN: Pawnee Path.
COMMISSIONER NICHOLSON: P-a-t-h?
MS. HARDIN: Yes.
COMMISSIONER NICHOLSON: Yeah. I move
approval of the name changes to establish Pawnee Path and
White Pearl as road names.
COMMISSIONER LETZ: Second.
DODGE TINLEY: Motion made and seconded for
approval of the agenda item as indicated. Any question or
discussion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Let's
move to Item 13, if we might. Consider, discuss, and take
appropriate action to set a public hearing for regulatory
signs in various locations in Kerr County.
MR. ODOM: Any questions?
COMMISSIONEk LETZ: Yes.
MR. ODOM: Okay. I thought Mr. Letz might
have one.
COMMISSIONER LETZ: One -- before I get to
this one, before I get off on Lane Valley, I'd like to add
one there, and I hope I can remember the name. The road
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that runs into Maryland and Westwood, there's a yield sign
right now. Can we replace that yield with a stop sign? I
can give you the name a little bit later to add to the list.
MR. ODOM: Maryland and where?
COMMISSIONER LETZ: It's Maryland and --
MS. HARDIN: Greenwood?
COMMISSIONER LETZ: Is it Greenwood? I don't
think it's Greenwood. There's a yield right now, and I've
been requested, because of the traffic on that, we need to
change that yield to a stop sign.
MR. ODOM: I have no problem.
COMMISSIONER LETZ: And on Lane Valley, I
think it is a bad idea to set the speed limit on Lane Valley
at 55.
MR. ODOM: The speed limit, I believe, is --
h3? Truby? We ran the -- it's even higher.
JUDGE TINLEY: 63?
COMMISSIONER WILLIAMS: He probably knows; he
drives it every day.
MR. ODOM: Yes.
MS. HARDIN: 63.
MR. ODOM: 63. That is at the back where you
live, Commissioner. (Laughter.) Up front is 49. So, you
know, when you take that average and I look at it, I come
down to 55, but I -- if I had to look at it, I would -- we
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have to put what was 85 percentile. I'm going to guess that
I -- you can drop it down to 45 somewhere in there, and I --
COMMISSIONER LETZ: 45 is reasonable on that
road, if we have to put a speed limit sign. My preference
would be to not put a sign on it. You have a road with long
straightaways, long, windy curves. As soon as you put a
sign, you need to put a bunch of signs, because every time
you have those hairpin curves, which they're numerous, if
you have a posted sign of 55, you need to put a "Slow,
curve" sign, and I think the cost and the precedent
county-wide would be expensive.
MS. HARDIN: If it's unposted, it's 60.
COMMISSIONER LETZ: Well, it's also -- isn't
it -- I think Leonard told me at one point that if it's
unposted, it's with reasonable road conditions and such as
well.
MR. ODOM: It is. Your interpretation -- the
Sheriff has a different opinion, but the M.U.T.C.D. says
basically that even if it's not signed, that you have to
drive that road under the conditions. That is objective.
It's judgmental in part. Rusty may have something I don't
know about, but I know what the manual says, and you can go
out -- we've -- this is the reason we're looking at this,
because there's been some complaints from the Sheriff's
Department about this, and 60 miles an hour is unacceptable.

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63 is unacceptable. Probably 45 is more reasonable. But if
you go with the average of looking at that, it was 55 out
there.
COMMISSIONER LETZ: What about -- I mean, we,
to my knowledge, do not have a county-wide county road speed
limit. Is that correct? We've never --
MR. ODOM: Say again? I'm sorry.
COMMISSIONER LETZ: We have never adopted a
county-wide speed limit for all county roads.
MR. ODOM: No, sir,
COMMISSIONER LETZ: 1 know some counties -- a
number of other counties do that at 45, and L would almost
rather take that approach. I'm not sure; in west Kerr
County, that may not be appropriate, but I think certainly
in part of eastern Kerr County, I think them are very few
county roads that you should really go over 95, including
Lane Valley.
COMMISSIONER NICHOLSON: I think that's true
on county roads. State -- there's state highways that you
can safely travel 60 miles an hour, on 1340 and parts of 39
and 27.
MR. ODOM: Some of your farm-to-markets are
55 or less, and some of them have curves and low-water
crossings and --
COMMISSIONER LETZ: I think -- I mean, I --
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you know, if we can do that, I'm probably more in favor of
doing a county-wide speed limit of 45 for all county roads,
or as posted.
COMMISSIONER WILLIAMS: We have some areas,
however, where we have it posted less. Is that correct?
MR. ODOM: That is correct, and one of them's
Peterson Farm.
COMMISSIONER WILLIAMS: Where conditions
don`t warrant 45.
COMMISSIONER LETZ: That's what I'm saying;
you'd be 45 or what's posted.
MR. ODOM: What's posted.
COMMISSIONER LETZ: And you could probably qo
up to 60 if you wanted to, so somebody -- if it happens to
be -- to be one, you can raise it. That gives the Sheriff a
lot more --
SHERIFF HIEP,HOLZER: Well, it's proving their
knowledge that -- the citizen's knowledge that they're
speeding if it`s not actually posted. And the problem we
have right now with -- it's 60 with those you're talking
about, and then it goes into the judgmental deal of, was he
going too fast was he not for the conditions? And, to be
honest, the only way you can write a ticket in that is after
he's wrecked or after somebody's got hurt. That's the only
way you can prove that he was driving too fast for the
li is as
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conditions.
COMMISSIONER LETZ: I do not have a problem
with going 45 on Lane Valley just by itself, but I just
think to fix the problem, we should do it county-wide.
MR. ODUM: Now, if we adopt that policy,
there'll be a whole lot of signs and a whole lot of work
going on to -- unless -- well, if it's not posted, if we
have a complaint -- in other words, I don't need to go out
and sign everything 45 miles an hour?
COMMISSIONER LETZ: I -- I'll probably defer
to Rex to maybe look at how that is. I don't -- I think we
just post it or set the speed limit 45 for all county roads,
or as posted.
SHERIFF HIERHOLZER: I think you're going to
have to post it, or it goes back under the state deal of 60.
I don't know if just having a notice is going to be enough.
COMMISSIONER BALDWIN: Let me ask a question
here. Not to get off of the wonderful conversation we're
having here, but are just these four issues before us today?
MR. ODOM: No, I still have some more to --
to run, and we want to do that sometime in January. So --
COMMISSIONER BALDWIN: What about today?
What about this very moment? What are we going to vote for?
MR. ODOM: The ones I've got in front of you
are the ones --
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COMMISSIONER BALDWIN: Four, and you're
changinq Lane Valley to 45.
MR. UDOM: 45?
COMMISSIONER BALDWIN: Oh, and you're adding
a stop sign. What we're -- now, if I'm reading this right,
we're gettinq ready for a public hearing --
MR. ODOM: That's right.
COMMISSIONER BALDWIN: -- on these issues.
They'll be out in front of the public to say yea or nay.
MR. ODOM: Right.
COMMISSIONER BALDWIN: So, you're adding the
stop sign somewhere?
COMMISSIONER LETZ: Right.
MR. ODOM: Maryland and Greenwood or
wherever.
COMMISSIONER BALDWIN: Okay. So, let's get
the stop sign, so that would be five items.
COMMISSIONER LETZ: I guess what I'm -- the
reason I bring it up now is, it would be a good time to do
it -- I mean, to do the public notice at the same time to
include a county-wide, if we want to go that direction. If
not, we can leave it as-is with the five items.
COMMISSIONER BALDWIN: Well, I want to think
about that for a little while.
COMMISSIONER WILLIAMS: I do too.
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COMMISSIONER BALDWIN: You were talking
about -- if we're going to discuss this thing, you were
talking about earlier about the windy curves and
straightaways, and it seems like to me that's -- that's just
adding to the problem. I mean, you're adding signs and --
MR. ODOM: Maintenance.
COMMISSIONER BALDWIN: -- maintenance.
There's all kinds of little things there that I know -- I'm
-- I accused TexDOT one time of -- their next step was to
add a sign to look out for a sign. You know, their signs
will blind you, and we're getting that way, there are so
dadgum many of them. But, anyway, that's my deal. And I --
COMMISSIONER WILLIAMS: We had a --
COMMISSIONER BALDWIN: I think we need to
study that a little bit.
COMMISSIONER WILLIAMS: I agree. I think I'd
like to hear from the County At torrrey about what the
ramifications are of a uniform speed limit for the entire
county.
COMMISSIONER NICHOLSON: I don't think it's a
problem that deserves a solution. That would significantly
increase our costs for signage, and I -- I agree with
Commissioner Baldwin about the sign pollution. Some places
you drive, that's -- you know, you can't enjoy the scenery
for the signs.
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MR. ODOM: It's a catch-22. With the
M.U.T.C.D., when the State -- State does it for them, and
then everybody uses that as the catch-all. That is the --
that's the bible. And then you're sort of caught if you
don't follow the guidance of the -- of the manual, and it --
it's getting worse. Just the size of the signs and the
lettering are going to change.
COMMISSIONER WILLIAMS: I have one question
regarding the one in front of us on Peterson Farm Road.
Have we now -- will this now make it consistent, 35 miles an
hour for traffic going west to east, consistent with the
sign that's already in place, 35 miles an hour, I believe,
going east to west? Is that correct?
MR. ODOM: It will be uniform.
COMMISSIONER WILLIAMS: Thank you.
MR. ODOM: 35 miles an hour.
COMMISSIONER WILLIAMS: Thank you.
MR. ODOM: They were wrong on the other side,
but we decided to...
COMMISSIONER WILLIAMS: Very good. Thank you
very much.
MR. ODOM: Okay.
JUDGE TINLEY: That was the other guys that
were wrong.
MR. ODOM: That was the other guys that were
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wrong.
COMMISSIONER WILLIAMS: Whatever. We're
going to be consistent.
JUDGE TINLEY: The non-Aggies were wrong.
Still waiting on a motion, aren't I?
COMMISSIONER WILLIAMS: I move -- I move we
set a public hearing for January 9th at 10 a.m. in the
Commissioners Courtroom with respect to the items listed,
and added to as provided by Road and Bridge Department.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: That would include the Lane
Valley, instead of 55, being proposed at 95?
COMMISSIONER WILLIAMS: And -- yes, sir. And
an additional stop sign where?
COMMISSIONER LETZ: I believe it's Maryland
and Greenwood, but I'll verify that and get with Road and
Bridge on that location.
COMMISSIONER WILLIAMS: That would include
that, too.
JUDGE TINLEY: Public notice as published
will include that. I have a motion and a second. Any
question or discussion? All in favor of the motion, please
signify by raising your right hand.
(The motion ~~arried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
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(No response.)
DODGE TINLEY: That motion does carry. Let
us go back to a timed item for 10 o'clock, if we might, to
open the bids for electrical, plumbing, HVAC, and pest
control. And my able assistant here, Cornmissioner Letz.
COMMISSIONER LETZ: These are in no
particular order, just a stack here.
JUDGE TINLEY: The first bid is from Starkey
Pest Control. It's going to be on the pest control
proposals. Does the Court deem it necessary for me to read
off the various amounts bid, or just as indicated on the bid
proposal? We're going to be here a while if it's going to
include that.
COMMISSIONER BALDWIN: It's not necessary for
me to hear all those numbers.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: I don't either.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: Which category?
That's all I care about.
JUDGE TINLEY: That's on -- that's on pest
control. The nett bid proposal that I have here is from
D.W. Electric Company on the electrical repair work. The
ner.t proposal which I have is a proposal on the HVAC work
from Hardin Heating and Cooling.
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COMMISSIONER BALDWIN: Who is that?
JUDGE TINLEY: The nett proposal is a
proposal on the HVAC from Compton's of Kerrville,
Incorporated. Next proposal is on the HVAC from Trademark.
Next proposal is plumbing, submitted by Whelan Plumbing.
Next proposal I have is pest control services, submitted on
behalf of Hill Country Pest Control.
COMMISSIONER LETZ: Last one.
JUDGE TINLEY: The last bid which I have is a
proposal submitted on behalf of Terminix for pest control
services.
COMMISSIONER LETZ: I'll make a motion we
approve -- I mean accept all bids and refer them to the
Maintenance Department for recommendation.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
acceptance of bids as submitted and referral to the
Maintenance and Facilities Director for review and
evaluation and recommendation. Any question or discussion?
COMMISSIONER LETZ: And I just might make a
note that the way it's posted, we cannot take action on this
today, so it will he action at our next meeting.
JUDGE TINLEY: Any further question or
comment? All in favor of the motion, signify by raising
your right hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: A11 opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's
now go to Item 19; consider, discuss, and take appropriate
action for the final plat of Heavenly Acres located in
Precinct 4.
MR. ODOM: Yes, sir. This was some property
sales that were illegal and needed to be platted. It's been
a -- a situation where we've had this done, but waiting for
signature frrm a gentleman that was out of the country. He
is bark; that's been signed, and as directed by the Court,
we got this platted, and I ask the Court to accept this
platting.
COMMISSIONER NICHOLSON: I move to approve.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the final plat of Heavenly Acres located in
Precinct 9. Any question or discussion? All in favor of
that motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
DODGE TINLEY: All opposed, same sign.
(No response.)
DODGE TINLEY: That motion does carry. Let's
move to Item lES, if we might; consider, discuss, and take
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appropriate action for the final revision of plat for Lots
34 through 37 of The Reserve at Falling Water located in
Precinct 3.
MP.. ODOM: Yes, sir. This is a revision of,
I believe, four lots. Everything is fine, and I ask the
Court for final approval on this plat for Reserve of Falling
Waters in Precinct 3.
COMMISSIONER LETZ: Move approval.
COMMISSIONER BALDWIN: Second.
JrJDGE TINLEY: Motion made and seconded for
approval of the final revision of plat for Lots 34 through
37 of The Reserve at Falling Water located in Precinct 3.
Any question or discussion?
COMMISSIONER LETZ: Only comment I'd like to
make, I'll probably refer back to this when we get to the
Subdivision Rules, because some issues came up on this
revision related to O.S.S. F., and some inconsistencies
between state law and our rules and exactly what state law
says. I might go over more of that with our subdivision
rule section.
COMMISSIONEP. BALDWIN: Cool
COMMISSIONER LETZ: Bet y'all can't wait.
COMMISSIONER BALDWIN: Well, actually, that
is kind of exciting. There's a problem that we get to deal
with?
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COMMISSIONER LETZ: Yes.
JUDGE TINLEY: Any other 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. Let's
move to Item 17; consider, discuss, and take appropriate
action for appointment to the Alamo Senior Advisory
Committee. Commissioner Williams.
COMMISSIONER WILLIAMS: Yes, sir. Let me
pass this out, Judge. We -- we're entitled to two
representatives from Kerr County on the Alamo Area Aging
Advisory Committee for Senior Services. And the newspaper
was good enough to print a little article about our need to
have some representation. Only problem was, I -- I told the
newspaper that we needed two. The fact is, we only needed
one. Mr. Charles Donellan currently serves, and is willing
to continue to serve, so as a result of the newspaper
article, Robert L. Weinberg of 2229 Rock Creek came forward
and indicated his willingness to serve. Bob Weinberg, as
the Court may know, has been a resident of Kerr County since
19fl6. He's done a lot of volunteer service at the Kerrville
V.A. He is a charter member of the Hill Country Veterans
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Advisory Council, and he has -- is one of the members of the
Kerrville Area Prisoners of War group. Bob served with
distinction in the United States Air Force. He was a
prisoner of war at Stalag Luft III in Sagan, Germany until
January 1945, and continued as a prisoner of war at another
location until the United States forr_es liberated all of the
prisoners in April of 1945. He's a good, active member of
our community and willing to serve, and I would offer the
Court the nomination of Robert Weinberg of Kerrville to
serve on the Seniors Advisory Committee, and it we approve
him today, he can make his first meeting tomorrow.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
appointment of Mr. Robert Weinberg as the -- as a Kerr
County representative to the Alamo Senior Advisory
Committee. Any question or discussion 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: That motion does carry. I
will now recess the Commissioners Court meeting and I'll
open a public hearing for the final revision of a plat for
Tracts Number 8, 9, and 10 of Kerrville Ranchettes, as set
forth in Volume 3, Page 79, located in Precinct 9.
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(The reqular Commissioners Court meeting was
closed at 10:15 a.m., and a public hearing
was held in open court, as follows:)
P U B L I C H E A R I N G
JUDGE TINLEY: Is there any member of the
public or the audience that wishes to be heard with respect
to the final revision of the plat for Tracts Numbers 8, 9,
and 10 of Kerrville Ranchettes, as set forth in Volume 3,
Page 79, Plat P.ecords, and located in Precinct 4?
(NO response.)
JUDGE TINLEY: Seeing no one stepping
forward, I will close the publi~~ hearing for the final
revision of plat of Tracts Numbers 8, 9, and 10 of Kerrville
Ranchettes, as specified in Volume 3, Page 79.
(The public hearing was concluded at 10:15
a.m., and the regular Commissioners Court
meeting was reopened.)
JUDGE TINLEY: And I will now call a public
hearing for the final revision of plat for Lots 21 and 22 --
correction, it's not 10:20; I'm going to back off of that.
I will -- having closed that public hearing, I will
reconvene the Commissioners Court meeting, and --
MR. ODOM: 15?
JUDGE TINLEY: -- call Item 15; consider,
discuss, and take appropriate action for the concept plan of
revision of plat for Valley View Estates set forth in Volume
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3, Paqe 139, Plat F.ecords, and metes and bounds property on
Southway located in Precinct 1. I would note that we do
have a speaker who has requested to be heard.
MR.. ODOM: Would you --
MS. WILLIAMS: No, you go ahead. That's just
in case.
MR. ODOM: See how good I am. Recently, we
had a meeting over at our office with some constituents of
Commissioner Baldwin's, and about a property owner dividing
some land -- not dividing, but selling some land. The
owner, for some -- if you look at the plat here, what we
wanted to do is, before they go any farther, we wanted to
make sure that we had it all correct before they spent a lot
of money platting something, to get a clarification, because
we had a question about the large parcel of property. The
owner purchased the property outlined in blue. That
consists of approximately 19.14 acres by metes and bounds,
and Lot 17 of Valley View Estates. That was perfectly
legitimate. Based on 1.03.C of our Subdivision Rules, it's
acceptable. The property owner of the 19.19 acres has
agreed to sell five neighbors part of her property, and
those are shown on this plat here as yellow and pink, parts
of Lot 8, 9, and 1z of Valley View Estates.
Lots 8, 9, and 12 were divided without a
revision of plat before Rerr County adopted subdivision
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rules in 1984, and are appro.imately one-half-acre lots.
This platting was done, I believe, in 1973 or 1978, so it
was well before we had the '84 rules and all, the size of
these lots. It is our opinion that the owners of Lots 8, 9,
and part of 12 would need to do a revision of plat under the
alternate plat process, but we're not certain the owner of
the metes-and-bounds property would need to plat her
property, as it has over 10 acres with road frontage on
Southway, and she's not building a road and she is not
technically dividing into two parcels. She is segregating
that, but we felt like this was worth coming to the Court
and getting a direction. The way I see it, I don't think
that she needs to, but I'm asking for the direction of the
Court.
COMMISSIONER BALDWIN: Well, I agree with
you. I can see hew the purchasers should revise their
plats, and by them doing that, the -- the owner of the biq
property, the seller -- property lines would change, but it
would reflect in the -- in the purchasers' --
MR. ODOM: In the purchasers of it.
COMMISSIONER BALDWIN: -- property. So, I
don't see the big deal in it, personally. Now, Commissioner
Letz, my good friend from the Comfort area, may have several
days of comments about that. But -- (Laughter.)
COMMISSIONER LETZ: Not today.
-- a
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JiJDGE TINLEY: You remember, he promised us
that he --
COMMISSIONER BALDWIN: Oh, that's right.
COMMISSIONER WILLIAMS: He was going to be
quiet today.
COMMISSIONER BALDWIN: All day. Do you see a
problem, Mr. Guru?
COMMISSIONER LETZ: No.
COMMISSIONER BALDWIN: Okay. I don't either.
I just don't see what the -- I would have rather seen all of
those property owners through there do the same thing and
make it a clean -- clean line, but so what? None of my
business.
MR. ODOM: They had an opportunity, I
believe. And part of that couldn't be done because of the
location of her house that she has right there. But
everyone was given an opportunity that wished to do that.
We thought that was fair, that she was accommodating her
neighbors, and I thought this was the most cost-effective
way to divide it.
COMMISSIONER LETZ: What size will these lots
be -- just a range -- after she makes this sale?
MR. ODOM: Do you recall what size? Half
acre?
MS. WILLIAMS: Halt acre or fourth of an
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acre.
MR. ODOM: Fourth of an acre.
MS. WILLIAMS: They're just extending back,
doubling their lot, their back yards.
MR. ODOM: I'm going to guess a quarter of an
acre, a third of an acre addition, and one might be closer
to a half-acre addition over there toward 12.
COMMISSIONER BALDWIN: Are you the lady with
the big piece of property?
MS. WILLIAMS: Yes, uh-huh, St. Martha's
Hideaway.
COMMISSIONER BALDWIN: The new operation?
You -- could I meet you sometime?
MS. WILLIAMS: Yeah.
COMMISSIONER BALDWIN: Okay, thank you.
MS. WILLIAMS: Today's good. I'm here.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: Don't take any action;
we'll just have her captured here the rest of the day.
JUDGE TINLEY: Ms. Williams, do you have --
do you wish to be heard on this? You have filed a --
MS. WILLIAMS: No, it was just in case. I
didn't see you when I arrived, and I've never done this
before. So --
JUDGE TINLEY: We appreciate you being here.
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MS. WILLIAMS: Thanks.
MR. ODOM: So, is the direction of the
Court --
COMMISSIONER. WILLIAMS: I just have one
question about it. It's fine, but under 12, you're showing
the yellow block of property being acquired in conjunction
with 12 that extends over, above another piece of property.
Is that correct?
MR.. ODOM: That's correct.
COMMISSIONER WILLIAMS: Okay.
MR. ODOM: It'll be when we go to the -- plat
process, we'll have, you know, metes and bounds and all that
on it.
COMMISSIONER WILLIAMS: Okay. All right.
COMMISSIONER LETZ: I will make just a
general comment, just for the record, that the -- this does
not conform with our current rules because of the lot sizes,
but what we've done many times before is we take a bad
situation and make it better.
MR. ODOM: Make it better.
COMMISSIONER LETZ: Even though it does not
conform to -- I guess, technically, we may have to do a
waiver at that time for the lot size, but it's appropriate,
and we certainly have that precedent; we've done that
before.
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MR. ODOM: Since we have that, you know,
half-acre lots prior to 1984, this was already platted and
done.
COMMISSIONER WILLIAMS: All these lots are
served by a community water system, are they not?
MR. ODOM: That is correct.
COMMISSIONER LETZ: Okay.
MR. ODOM: And people cannot build on this
back behind. I mean, there's just no way to get a 60-foot
right-of-way. And so, basically, what they have is just
land, and it's just adjacent, and it just cleans up the
situation, particularly with one lot that was divided into
two.
MS. HARDIN: Would it be possible if we could
get a varianne from O.S.S.F. for these -- for these lots?
On paying fees?
MR. ODOM: On fees.
MS. HARDIN: Since there probably won't be
any septic.
COMMISSIONER BALDWIN: This is a concept plan
today. We have plenty of time to do that.
COMMISSIONER LETZ: We can't do that the way
it's worded.
MS. HARDIN: Okay. But if we do it as --
okay. So --
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COMMISSIONEk BALDWIN: You're trying to get
us to commit to something that we're not sure of.
MR. ODOM: Yeah.
COMMISSIONER BALDWIN: Do we need a court
order?
MS. HARDIN: But if we're doing it as an
alternate plat process, then when would we do it? At the
time we ask for a public hearing?
COMMISSIONER LETZ: Yes.
COMMISSIONER WILLIAMS: We don't need a ~~ourt
order on this.
JUDGE TINLEY: Any member of the Court have
anything further to offer on this item?
COMMISSIONER NICHOLSON: Commissioner, I
don't know where Southway and Valley View are. This is not
in the ETJ, is it?
MR. ODOM: Yes. Yes, it is. It is.
COMMISSIONER BALDWIN: That's a different
animal that we will ride in a couple of weeks.
MR. ODOM: Is it -- should it be construed --
I'm not for sure, but I would construe it as a high-density
area right there. But I'm not -- I'm just guessing. If it
does anything, it brings us up r_loser to that 1 acre for
everybody.
JUDGE TINLEY: Anything further by any member

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of the Court? Let's go on -- let me recess the
Commissioners Court meeting at this time and call a public
hearing for the final revision of plat for Lots 21 and 22 of
The Horizon, Section One, as specified in Volume 6, Page 323
of the Plat Records, located in Precinct 1.
(The regular Commissioners Court meeting was
closed at 10:25 a.m., and a public hearing
was held in open court, as follows:)
P U B L I C H E A R I N G
JUDGE TINLEY: Is there any member of the
public or the audience that wishes to be heard with regard
to the final revision of plat for Lots 21 and 22 of The
Horizon, Section One, as described in Volume 6, Page 323
located in Precinct 1?
(No response.)
JUDGE TINLEY: Seeing no one stepping forward
or otherwise asking to be recognized, I will close the
public hearing for the final revision of plat for Lots 21
and 22 of The Horizon, Section One, as set forth in Volume
H, Page 323, Plat Records located in Precinct 1.
(The public hearing was concluded at 10:25
a.m., and the regular Commissioners Court
meeting was reopened.)
JUDGE TINLEY: I will reconvene the
Commissioners Court meeting and call Item Number 9;
consider, discuss, and take appropriate action to authorize
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a letter of support for the strategy developed by Kerr
Economic Development Foundation to assist B.A. Products,
Incorporated, to expand its facilities and remain in Kerr
County.
COMMISSIONER WILLIAMS: Thank you, Judge. I
placed this on the agenda after Mr. Overby had brought a
concept plan or a strategy plan in for our review and for
the Court to -- to become enlightened about. Subsequent to
that, the Kerr Economic Development Foundation has looked at
this plan and has signed off on it. And I think what Guy is
asking -- come up, please -- come up, Guy, if you will -- is
asking for the Court to -- to sign on in terms of support
for the concept, and I'd like for you to explain to the
Court, if you will, just exactly what the concept is and the
strategies involved. And thank you for your time and
efforts.
MR. OVERBY: Guy Overby. Thank you,
Commissioners Court. Again, I apologize for not being here
this morning, but I have been working on this project since
very early this morning. There is a lot of moving parts
going on as we're speaking right now. Just a brief summary
of the request. We're asking the Commissioners Court for
just a letter of support in our efforts to keep B.A.
Products in Kerr County. KEDF has been very busy since the
-- there was a second presentation on -- on the B.A.
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Products to our Economic Improvement Corporation on October
18th. KEDF was not involved in the first two preliminary
presentations, and we -- we knew that the last presentation,
there was a vote of four-to-two that they had requested for
funding to help them expand on their project. And when the
vote came back where it was not approved for that expansion,
we -- KEDF approached B.A. Products the following day on
October 19th to see -- before they made their decision on
looking at going to another county. And there are several
other locations trying to attract them.
we -- we wanted to have about 30 days; we
asked for an extension period of time where we could
approach them and see if there was other options that we
could possibly look at, throwing some things out on the
table to see how we could keep them here in our community.
They granted us that extension of time, and we have been
very busy in trying to exhaust every opportunity on keeping
them here. Just, again, for everybody's information, the
B.A. Products is a deer feeder type of company, equipment
company. You know, when we first think. about it, we just
think it's a little deer feeder thing that's out there, but
they have many other products that they have. They are in
discussion right now with an acquisition of moving another
company here and expanding their company, and there are
three other potential acquisitions in the next 18 months.

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The company has currently four locations,
with 28,000 square feet beinq used at four locations, and
what they're basically asking for is a -- one facility in
one area where they can -- instead of having four different
places to work out of, to be in one construction site -- or
one building site. Right nnw, they're currently looking at
-- on their previous request, they were lookinq at about an
85,000 square foot building. They were coming at that time
for a one and a half million dollar request to help them
with that. That has been reduced by at least 50 percent
know that their part, as far as goinq up into part of
I
what -- their contribution part is extensive now. There's a
good, sizable chunk of that that's going from there. What I
can -- what I can tell you right now is just, again, we're
requesting a letter of support from our -- our different
agencies in town on trying to exhaust our efforts to keep
them here.
Again, they employ 31 jobs. Indirectly in
our community, they -- there is another 13 jobs it would
affect, so there's 44 jobs, basically, that we're talking
about here on trying to keep in Kerrville. They have
a direct and indirect impact on our community of over
$70 million in the next 10 years. This is a growing industry.
It's an industry that our organization felt it was in our best
interest to try to do everything that we could to keep them
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type of business, and we wanted to show our best effort, as
far as our organization is concerned, on helping a business to
be retained and expanded here in Kerr County. And, again,
that's one thing that. we've identified. This is a company
that definitely is needing, at this time, some help.
The other option that, earlier in October,
the property was going to be -- we talked about moving
things that we're talking about. October 18th, the property
was going to be located on airport property. At that time,
the -- the current option, and what we were trying to do to
get some type of structure, the Kerr Economic Development
Foundation does have about 22 and a half acres at the
airport that is zoned AD; that's in the airport district.
It is annexed into the city limits. But, basically, we had
looked at -- talked with them about locating that facility
at a reduced rate -- not a reduced rate, but sold by the
Kerr Economic Development Foundation to B.A. to locate to
keep them here, to give them incentive here, and to go back
to E.I.C. for another request to discuss the option of what
they're putting on the table and trying to keep them here.
The airport area was the number two area, as
far as the economic development for the neat five years,
that our community voted -- not. voted on, but through a
survey that was done this past summer, that they wanted to
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see extensive expansion and development of. And I think
that -- I know that I see two Commissioners here that are on
that hoard. We all know that the airport property is a
prime piece of property for our area to grow on. So,
basically, I just wanted to come to you today and tell you
there are a lot of moving elements that are a part of this
project and keeping it here. I will tell you one right now
is talking with TexDOT, right now, Aviation to see if the
location exar_tly of that building on that property -- to
make sure that it meets all the -- the criteria where it can
be located and those type of things and those -- those
i terns .
So, the Kerr Economic Development Foundation
Board Executive Committee voted last Wednesday to approve
10 acres at $50,000. That will go to the full board for a
vote tomorrow to help this company, locate them here. And
KEDF, again, in connection -- we just really felt like we
wanted to put our best effort forward. We really feel like
there are not only -- you know, are there better businesses?
You know, or not businesses, but are there better options or
things like that in our community as far as development?
Yeah. Are there worse? Yes. But, you know, we really feel
like we wanted -- we wanted to really try to keep this
company here. It sets a precedent in our community.
There's a lot of other businesses out there that need help
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and expansion and keeping them here, and we just wanted to
put our best effort forward in trying to help a growing
company that's growing 25 percent a year, annually, and
trying to work with them and keep them here in Kerrville.
And I think, again, coming before you today is just -- just
an affirmation from you that just says that, you know, we're
-- we support you and your efforts on trying to keep them
here in Kerr County and to exhaust all efforts that we can
in order to keep B.A. Products here in Kerr County. Thank
you.
COMMISSIONER WILLIAMS: Couple questions,
Guy. First of all, if the plan matures and -- and
everybody's on board and the funding is -- is obtained for
this, do I understand correctly that B.A. would continue to
lease the facilities that it currently occupies on the
airport property, which inure the benefit of both the City
and the County until the expiration of the lease, which is,
I think, '07?
MR. OVERBY: Yes, sir.
COMMISSIONER WILLIAMS:
MR. OVERBY: Yes, sir,
That's basically what their plans are
wanting to build a facility site, som
to 60,000 square foot building on the
the criteria is complete there. They
That's correct?
that's correct.
right now. They are
=where between 50,000
KEDF property if all
would still continue
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to keep the 10,000 square foot facility on Airport Loop
Road. They would use their administration offices there
through May of '07. And that er>tra revenue -- I think it's
about $1,800 a month or $32,000 over the next 16, 17
months -- would still continue to be paid to the City and
County. There is another moving -- or a warehouse space
that's right down the road there; I think it's the 1700
block at Airport Road. It's about a 3,000 or 4,000 square
foot facility. They are responsible for that over the next
16 months, and they've told me that they would honor that.
But they asked me also if we could start marketing that
also.
Now, one thing that we don't have here in
Kerr County is we don't have inventory; we have no building
inventory. And I can tell you that we get calls all the
time, people who are looking for a warehouse inventory where
they can use -- you know, "I need a 5,000 square foot
facility," or "I need a 10,000 square foot facility." Now,
the thing about building this kind of building in our
community, it starts giving us inventory. We have none.
And for us to -- in order to compete down the road, we will
have to start having some inventory built to be -- to have
some options, and right now our options are very limited.
It costs money. That's the big question in how we come up
with those things. But those are things that we need to --
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to really to look at.
COMMISSIONER WILLIAMS: I think there's
another factor, too, that comes about that we need to take
-- to be aware of, and I think it's important that the
business world understands that through the KEDF and any
other economic development partners that may be out there in
Kerr County and city and so forth, we do want to put forth
our best efforts to keep businesses; good, clean businesses,
industry in Kerr County, and do what we can to facilitate
that. I would move, Judge, that we authorize a letter of
support for the strategy developed by Kerr Economic
Development Foundation to assist B.A. Products to expand its
facilities and remain in Kerr County.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Any question or discussion?
COMMISSIONER BALDWIN: Where is this letter?
COMMISSIONER WILLIAMS: I imagine the Judge
and I will put that letter together.
COMMISSIONER BALDWIN: So, we're going to
approve something we haven't seen? Is that what you're
asking us to do?
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER BALDWIN: Okay. I'll vote for
it, then. Long as it's illegal and doesn't make sense.
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COMMISSIONER NICHOLSON: Judge, I just --
I'll just say, in my opinion, it's very important that we
keep B.A. Products here --
COMMISSIONER BALDWIN: I agree.
COMMISSIONER NICHOLSON: -- and do everything
we can to help them expand. They're a good employer,
provide good jobs. Their -- their growth is significant.
Commissioner Baldwin and I can remember when they were
building feeders in a storage unit out at the Ingram Dam --
COMMISSIONER BALDWIN: Absolutely.
COMMISSIONER NICHOLSON: -- complex. Their
product's superior. It's the best. And I don't know if
they still got a patent on it or not, but it was innovative.
It's a -- well, I won't go into all that. It's a very, very
good product. I've owned several of them, and the prospects
of growing are -- are excellent, so we need to keep them
here.
COMMISSIONER BALDWIN: And we've been
yelling --
COMMISSIONER NICHOLSON: Good jobs are
important to us
COMMISSIONER BALDWIN: Absolutely. And we've
been yelling for years that we can't -- we don't want
industry here with smoke stacks and all that kind of thing,
and here we have the perfect company. That is just right;
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it fits Kerr County. I mean, it's a fit.
COMMISSIONER NICHOLSON: I'm going to
disagree with you a little bit, Commissioner. I would not
mind seeing a refinery on the banks of the Guadalupe.
COMMISSIONER BALDWIN: Yeah. That -- right
next to the skateboarding --
COMMISSIONER NICHOLSON: Yeah.
COMMISSIONER BALDWIN; -- deal.
COMMISSIONER. WILLIAMS: Yeah, right.
COMMISSIONER LETZ: I like the direction that
KEDF is going with this and really helping local businesses.
I go back to years ago, when I was on KEDF, I had a meeting
with Lloyd Brinkman, and that was his biggest complaint or
request for change in direction, was that KEDF work on
helping local businesses, certainly, as much as they do go
out for bringing in new businesses. And I think it's a
direction KEDF and hopefully E.I.C. will pursue in keeping
what we have and helping local businesses, whether it be
B.A. Products or Mr. Gatti's or James Avery, whatever. I
think they all -- when the time comes, they've been great
corporate citizens, and we need to try to help them.
COMMISSIONER NICHOLSON: I appreciate the
work you've done on this, Mr. Overby.
MR. OVERBY: You are welcome, sir.
JUDGE TINLEY: I know that one of the main
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priorities is not just seeking new ventures and new
businesses to come in; it's to assist and improve and expand
existing business facilities, and I think that KEDF has --
has provided that emphasis. Mr. Overby, what percentage of
the tax base in Kerr County is residential-based versus
business-based?
MR. OVERBY: Well, basically, again, I -- let
me make sure this quote is correct, but just from when we
were doing some surveys and studies that we have, it looks
like our residential basis right now -- ten years ago,
64 percent of our taxes were paid by residential, 36 percent
business of our tax base. In 2005, it's now 77/23.
Jr~DGE TINLEY: My purpose in asking that
question, as you know, is it is absolutely essential that we
get more business and commercial and industrial activity in
this county so that we can get a more equitable distribution
of that tax burden.
MR.. OVERBY: That's correct.
JUDGE TINLEY: We hear from citizens every
single day about their taxes on their homes. The way to get
those taxes on their homes down and to keep them from rising
is to increase our business and commercial and industrial
activity and to shift that burden to make it more equitable
over on the business and commercial field.
MR. OVERBY: Correct.
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	JUDGE TINLEY: And so I -- your	work is
essential,	and I thank you for all that you're	doing.
	MR. OVERBY: Yes, sir. Thank yo	u.
	JUDGE TINLEY: Any further quest	ion or
discussion	on the motion? 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: That motion does	carry.
	COMMISSIONER WILLIAMS: When do	you need the
letter, Guy?
MR. OVERBY: By Wednesday morning.
COMMISSIONER WILLIAMS: That's when the board
meets?
MR. OVERBY: That's when all the packets and
everything -- that's my deadline to have everything back in,
is Wednesday morning.
COMMISSIONER WILLIAMS: Okay, will do.
JUDGE TINLEY: At this time, why don't we
take about 15 minutes recess and let our court reporter have
a rest?
(Recess taken from 10:35 a.m, to 10:53 a.m.)
DODGE TINLEY: Okay. Let's come back to
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order, if we might. We'll resume our Commissioners Court
take appropriate action to receive a gift from Mrs. Royce
Stone, being a lamp from the 1927 courthouse, and the
installation of the same. Commissioner Baldwin?
COMMISSIONER BALDWIN: Thank you, Judge.
Ms. Stone, as you're making your way to the podium, I wanted
to introduce Mrs. Royce Stone, wife or former County
Commissioner, Roger Stone. And I wanted to say something
about Roger. When I was a -- when I was just a puppy out in
Hunt, I knew Roger, and there's just something about the
guy. You know, he wore the white shirt and the khaki pants
and the cowboy boots and the cowboy hat. That -- that kind
of turned me on even when I was a little old kid, and I
wanted to be like him. And, of course, I never reached
that, because he was super -- superman. But he was a --
many years as a County Commissioner, and he's just one of my
heroes, and this is his lovely spouse here, Royce, that has
come to offer a gift to the Commissioners Court.
MS. STONE: Gentlemen of the Court, thank you
for providing the opportunity for me to be here this
morning. I'd like to ask you to -- respectfully ask you to
seriously consider accepting a gift that I would like to
present to you, as the governing body of Kerr County, and to
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the courthouse here and to all the people of Kerr County,
and the gift is being presented in memory and in honor of my
beloved husband, Roger Stone, who set a longevity record of
servinq for 20 years as County Commissioner from Precinct 4.
And that gift that I'd like to ask you to consider is one of
the original light fixtures that was installed in this
courthouse. And the date I have, Pat -- and you're probably
right and I'm wrong -- is 19-and-26. See, that gets down
into my bailiwick when we talk about 19-and-26. But
whatever the year was, this was one of the original light
fixtures. It remained in this courthouse for over 50 years,
and they were removed in 19-and-78, when more efficient
lighting, I guess -- at least new lighting was installed,
and these light fixtures were taken down.
I think that the people who were in the
courthouse at that time probably had access to -- to buying
them or whatever the arrangement was, and I know Roger was
very, very proud to have that light fixture. He kept
thinking of what he would like to do with it in his own
place. After we married -- and we married after we lost our
spouses of over 30 years, each of us. But I did have the
pleasure of knowing him for 10 years while he was a
county -- for several years as county commissioner, and for
about 10 years in all, as we married and had the last eight
years of his life and eight wonderful years of my life
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together. So, would you like to show the light fixture at
this point, Buster?
COMMISSIONER BALDWIN: I'm just dying to.
MS. STONE: All right.
COMMISSIONER BALDWIN: Bill, would you --
would you hold part of it? I can't handle the whole thing.
MS. STONE: You see why I'm asking the
gentlemen to do this. It is heavy. It is heavy.
JUDGE TINLEY: Easy there, guys.
COMMISSIONER BALDWIN: There it are.
COMMISSIONER NICHOLSON: That's nice.
(Discussion off the record.)
MS. STONE: I'll come up there. Is that all
right with the Court?
JUDGE TINLEY: Or they're going to have to
come to you, one or the other. They're going to get you in
this picture.
MS. STONE: Well, she said she wanted the
photo, but I didn't know we were going to do it right now.
COMMISSIONER BALDWIN: I didn't either.
JUDGE TINLEY: I think she's in a hurry.
COMMISSIONER BALDWIN: Stand up, Royce.
(Laughter.)
MS. VAN WINKLE: Let's do two just in case.
COMMISSIONER BALDWIN: Just in case of what?
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MS. STONE: Just in case you broke the
camera.
MS. VAN WINKLE: Thank you.
MS. STONE: Thank you.
COMMISSIONER BALDWIN: So, this is it, and
it's beautiful. And this part will be mounted on the top of
this globe, of course, and then this thing goes into the
ceiling, or maybe a wall; I'm not sure yet. It has the
original chain and the original wiring still attached to it,
so my good friend Glenn, if -- if the Court sees fit to
accept it, Glenn's going to have to help us get this thing
cleaned up just a little bit.
MS. STONE: Let me go ahead and say just a
little bit more.
JUDGE TINLEY: Continue.
MS. STONE: Roger loved Kerr County. He was
a native of Kerr County, and I was telling Buster that I
used to tease Roger that until he met me, he thought the
world ended at the Kerr County line. Honestly, that was
just the extent of his -- his world. And he had a great
ancestral heritage here in Kerr County. His paternal side
of the family went back to before 1900, when the Stone
ancestral part of his family settled up on Johnson Creek
headwaters in the Mountain Home area. His maternal side
went all the way back to Benjamin Denton, who came to the
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Turtle Creek area in 18-and-46, so Roger was truly a native
son of Kerr County, and very, very proud to serve as
Precinct 4's county commissioner, and very, very proud that
he was re-elected four times, plus the original time, for a
total of 20 years as your county commissioner from Precinct
4, Hunt and Ingram and the high country in western Kerr
County.
And, so, in making this presentation, I have
another little factor that I would ask the Court to please
consider. That we not only present it in honor and memory
of Roger Stone, but we also present it in honor and memory
of every elected Kerr County official since the County of
Kerr was organized in 18-and-56. You gentlemen know that
it's an honor to be an elected official, but it's a lot of
work, and so I think that not only to honor Roger, but also
to honor all of those who have served as elected officials
through the years. I believe the county was organized in
18-and-55. And I thank you so much for your time, and I
trust you will be pleased to have this light fixture back
where it began, bringing it back home to the Kerr County
Courthouse.
COMMISSIONER BALDWIN: Thank you.
MS. STONE: Thank you.
COMMISSIONER BALDWIN: Thank you, Royce.
JUDGE TINLEY: Thank you, Ms. Stone. We
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appreciate it.
MS. STONE: Thank you.
COMMISSIONER BALDWIN: I think it's very
appropriate that -- that the light fixture come back to the
courthouse, and even as important and appropriate for the
fixture to be mounted and hung here in this courtroom. And,
personally, I'm thinking that this corner here would be a
good place for it to mount it up there somehow and hang it
to where the bottom of the globe would be over -- be a
little bit taller than somebody's head. I don't see anybody
walking over there and standing in that corner. But this --
it's kind of an empty space here, and it just -- it's kind
of an appropriate place for it, I think.
DODGE TINLEY: Ms. Stone, let me ask, if I
might -- of course, it wasn't too many years ago that --
that this bench was not here, and the Commissioners met at
floor level in something similar to this room. Where did --
where was Roger's normal place at the table? Was it on this
end or this end?
MS. STONE: Roder sat at the left hand of
Judge Neunhoffer.
JUDGE TINLEY: So, that would be down here,
MS. STONE: Sort of where Commissioner Letz
wouldn't it?
is there.
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COMMISSIONER BALDWIN: They didn't sit like
this. They sat at a table.
MS. STONE: I think they sat at a table, and
Judge Neunhoffer was at the head. Isn't that sort of the
way?
COMMISSIONER BALDWIN: Yes, ma'am.
MS. STONE: Judge Neunhoffer and Roger had a
very, very good relationship. And Judge Neunhoffer, at my
request -- I asked him to bring a few remarks about his
years of working with Roger at Roger's funeral. We lost
Roger in 1987. And he r_ame and he told a lot of great
stories. It turned out to be a eulogy that was humorous in
places, and the group loved hearing about some of the antics
and happenings that go on in the Commissioners Court. So,
answering your question on that, Pat, is that -- I probably
should say "Judge."
JUDGE TINLEY: No, you answered it right
away.
MS. STONE: I wanted to add one other point.
If you decide to accept the light, and if you decide to
accept my thoughts on the people for whom we might honor in
doing so, I would love to present a plaque in whatever
fashion that you would like to have it written, whatever
medium that you want it done. I'd be very happy to provide
the plaque at your choice. Thank you.
11-19-05
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JUDGE TINLEY: That's very kind of you.
Thank you, Ms. Stone.
COMMISSIONER WILLIAMS: I would hope that the
plaque would embody the words that Mrs. Stone gave a while
ago in terms of how she would like to see it dedicated. I
think that's really neat.
COMMISSIONER BALDWIN: I agree.
MS. STONE: I'm sorry, I didn't understand
all of that.
COMMISSIONER WILLIAMS: I would hope that the
wording on the plaque would embody your thoughts that you
gave to us a moment ago as to who all it should be dedicated
to in addition to the memory of your husband.
MS. STONE: Well, to all of the elected --
COMMISSIONER WILLIAMS: We'd let you do that.
You frame it the way you'd like to have it said.
MS. STONE: I would be happy to. I would be
happy to. If it's your choice to do this, and that you
would like to have a plaque -- that's what I was saying; I
would provide that according to how you would like it
written. But I thought that it would be nice to honor all
of Kerr County elected officials since the county was
organized in 18-and-56. And, you know, next year -- I've
already learned from Clarabelle that next year there will be
a big celebration, because Kerr County will be -- I believe
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she said 150 years old.
COMMISSIONER WILLIAMS: That's correct.
MS. STONE: So, that would be a very
appropriate time, also, to consider all of this. Thank you.
JUDGE TINLEY: Thank you, ma'am.
COMMISSIONER BALDWIN: Judge, I move that we
accept this gift from Mrs. Stone, and ask the Maintenance
Department to help us get it cleaned up and wired up and
hooked up and hung up.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Any question or discussion? All in favor of
that motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
Ms. Stone, we --
COMMISSIONER BALDWIN: Thank you.
JUDGE TINLEY: -- really, really appreciate
you being here today.
MS. STONE: Thank you, gentlemen, so much. I
appreciate your interest and your concern.
(Applause.)
JUDGE TINLEY: Let's move to our 11 o'clock
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timed item, if we might. Consider report from the Library
Director or other City of Kerrville officials on plans for
adjusting the library budget to accommodate a funding level
that is lower than requested. Consider, discuss and take
any appropriate action on the funding of the library.
Commissioner Nicholson?
COMMISSIONER NICHOLSON: This is a follow-up
to both the joint meeting that was held between the
Kerrville City Council and the Kerr County Commissioners
Court, and a follow-up meeting -- official meeting of the
Kerr County Commissioners Court that occurred on the 24th of
October wherein we found ways to offer an additional $55,000
to the budget for the library, and that offer was contingent
upon receiving a report from the library or Kerrville
officials on plans for operating the library at a lower
funding level. There have been some subsequent
developments, I understand, that may impact on that. And it
was also requested that we hear from -- considering that
issues were raised that we were unaware of that might have
to do with the -- with the library's eligibility for state
funding, grants and that sort of thing, so I've invited
oflicials from the City of Kerrville to be present here in
this meeting, and to respond to our request for information
about the budgeting level of the library.
MR. MARTINEZ: Judge, Commissioners, my
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name's Antonio Martinez; I'm the Library Director. And I'd
like to start with a little bit of background. One of my
responsibilities as Library Director is to review financial
reports obtained from the City of Kerrville Finance
Department. I do that on a monthly basis, and then,
additionally, at midyear and end of year. The midyear
analysis, in particular, leads up to budget presentations.
At midyear, we look at expenditure levels, we look at -- try
to project the end-of-year expenditures, and we adjust
things as we go along. Some of these adjustments I wanted
to bring to your attention. These were done in relation to
the current budget. Office supplies were reduced by $2,950.
Postage was reduced by $400. Telephone was reduced by $600.
Something we call special services -- this funded our
participation in the state interlibrary loan network -- we
reduced that by $1,500. And, additionally, most recently we
decided to eliminate our microfiche subscriptions for about
$1,947. Total of that reduction going into the current
budget year was $6,897.
Additionally, in terms of computer purchases,
we always attempt to purchase with either grants, subsidies,
whatever other method we can come up with, rather than
placing those into the budget. In the current fiscal year,
we plan to buy six computers to replace outdated computers.
Two of those are in the budget. The other four will be
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funded, like I said, by subsidies, grants, individual and
corporate donations, and the total savings or net savings
would be $6,500. Also, every year we apply for a
telecommunications subsidy. That varies up and down between
2,000 and 3,000 a year. Our expected subsidy this year is
$2,196. Again, just to give you an idea about some of the
cost-saving things that we do on an ongoing basis, in terms
of the $61,000 shortfall, as Commissioner Nicholson noted,
there have been some developments. We expect to make that
up with foundation grants, and that is in the process of
being finalized. That is the current fiscal year picture.
Now I'll answer any questions.
JUDGE TINLEY: Any questions for Mr.
Martinez?
COMMISSIONER WILLIAMS: Yeah, I have a
question. When we left it, Antonio, in a joint meeting with
the City and the County, the Commissioners and the City
Council people, I believe the sense of that discussion --
because at that time there was a shortfall, or appeared to
be a shortfall of about $61,000, and I thought what we were
understood to -- that we would receive back from you would
be some analysis of what changes in the operation would have
to take place if the $61,000 shortfall continued. Did you
have an opportunity to do that?
MR. MARTINEZ: The City Council deferred any
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action on that until the new City Manager could take over.
City Manager is in the process of setting up consultation
with City Council to seek direction for the future. That
will be -- will involve long-term goals. There will be
budget objectives derived from those long-term goals.
Certainly, there are some things that I will be recommending
or presenting as options. One option would be to reduce
staffing and reduce service levels.
COMMISSIONER LETZ: If I may follow up -- and
I think you kind of answered it. Little bit different
direction. And I don't know if you know the answer or not
to the question, but the two grants that the City received
to kind of make the library whole this year, they were, I
guess, presented such that this is a one-time --
MR. MARTINEZ: Correct.
COMMISSIONER LETZ: -- operation or one-time
thing to allow the City and the County and the library more
time to look at the long-term operations?
MR. MARTINEZ: Right.
COMMISSIONER LETZ: Okay.
MR. MARTINEZ: Right. That's exactly
correct.
COMMISSIONER LETZ: Okay.
COMMISSIONER NICHOLSON: Antonio, referring
to the 2004-2005 budget, I think you were aware that the
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County had budgeted a significant amount less than requested
for its contribution for that -- that 2004-2005 budget.
MR. MARTINEZ: Mm-hmm.
COMMISSIONER NICHOLSON: And you talk about
getting these monthly reports that show -- show the
financials of the library.
MR. MARTINEZ: You're saying '09-'05? Or --
COMMISSIONER NICHOLSON: Yes.
MR. MARTINEZ: Okay. I was not aware there
was a significant reduction in that budget.
COMMISSIONER NICHOLSON: Okay. Well, I think
it's safe to say that the Commissioners Court members and
the County Auditor were surprised to learn that the -- that
its -- its desire to reduce the County's contribution to the
library for '04-'OS was frustrated by somebody making a
decision to transfer moneys owed to the County from a
reserve account to make up the -- this so-called shortfall
in the county contribution. And what I'm seeing -- and I
hope the County Attorney's listening -- is that it appears
to me that County funds that were not budgeted and not
authorized were spent. And I'd like -- I'd like to hear
from the -- not now, but I'd like for the County Attorney to
consider that and to advise the Court if the law has been
violated in connection with the expenditure of public funds,
and if so, what are the remedies for that.
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COMMISSIONER LETZ: I think I'll just make a
comment on that. And I'm -- you know, maybe -- I know
Commissioner Nicholson has talked about it, so -- if a
refund to library and reserve funds were used. And I think
if something was done improperly, it should be brought out.
But the other side of it is, I think we are now in a
position with the City and -- City Council and new City
Manager to seriously look at the funding issues in a
long-term direction of the library, and that was the goal
the Commissioners Court had two years ago. It was a goal we
had this year. And I think it -- from what Antonio is
saying, that will happen this year. And while it may be a
little bit later in the proceedings than we had hoped, it is
going to happen, and that's the important part of the
discussion, in my mind.
JODGE TINLEY: What I'm hearing is, and
repetitive of what the mayor said a short while ago,
communication. And that's -- that's the objective, not just
in this issue, but in all issues relative to City/County
ventures and -- and business, in an effort to try and,
number one, understand; number two, plan; and number three,
obtain the most efficient operation that we can accomplish
through whatever degree of communication it takes to get
there. And I'm -- I'm committed to that, and I know every
other member of this Court is.
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MR. MARTINEZ: Another question Commissioner
Nicholson raised in terms of -- we've been calling it
accreditation for state participation. That will not become
an issue, since we have raised these foundation grants, so
we will match the expenditure level that's required for us
to continue to participate in that state level.
COMMISSIONER NICHOLSON: In our efforts to --
to further consider and study the library -- what the
appropriate level of the library funding is, it would be
good information to know at what level is that jeopardized.
And you -- I know you can do that.
MR. MARTINEZ: Right. Well, the formula is
that they take an average of the most recent three years,
and that is called the maintenance of effort formula. And
every year that is compared, like I said, to the average of
the past three years, and if we go below that, then we lose
the accreditation.
COMMISSIONER NICHOLSON: Thank you for being
here, Mr. Martinez,
MR. MARTINEZ: Okay. I think Mr. Brooks has
some additional items.
MR. BROOKS: Gentlemen, thanks. I really do
appreciate some of the information that y'all shared and the
comments about communication; I think those are very
important. Again, my name's Brian Brooks. I'm the Interim

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Assistant City Manager. I want to bring up a couple things
that I think are important that deal specifically with this
issue. First of all, something I think that came out of our
dinner meeting was the understanding that the City would
provide to you periodic reports, and that's one of the
things I've come to bring to you today, is -- is, I guess,
the first month's report for FY 'O5, and I'll pass these out
and allow you to look these over. I'll make a few general
comments about it, but obviously, I'll reserve any specific
questions for the Commissioners to ask. The other thing
about this is, obviously, this -- this is probably a more
familiar context with the -- the Commissioners that are on
the Airport Board, 'cause we tried to follow a similar
format of -- of presenting this, and if this is -- is kind
of what the Commissioners have in mind, let us know.
We -- we are happy to produce this. This is
something we sort of produce internally ourselves, and I
think it -- as a joint venture, I think that the
Commissioners have a -- a right and an expectation to have
this kind of information given to them. We'll be more than
willing to give this to you. If you need a monthly report,
we can do that. I have a feeling you probably would
probably more prefer maybe a quarterly report for
understanding, since -- like, this is a great example. This
is October. We went through the first month. There's
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some -- just some general first-month expenditures. There
are going to be some things that have to be amended. Mind
you, the approved budget 'OS-'06, is what was actually
officially passed. If you look on that very first page,
obviously, the subsidy was assumed to be 416,000 from Kerr
County. Obviously, we will amend that by resolution, but
we'll also amend that as a budget amendment. Also, we'd
have to add the revenue from the grants from Cailloux and
Peterson Foundations. So, would y'all like to go over a
real cursory look at this? Or, you know, if y'all can kind
of give me some guidance on how detailed you want.
JUDGE TINLEY: Your number one -- this is the
format that you present to -- to the staff and the members
of the Council of the City of Kerrville?
MR. BROOKS: Yes, sir.
JUDGE TINLEY: And I -- I think, at least my
understanding was, from the various meetings we've had, that
on any of these joint venture things that you folks are
dealing with, whatever format --
MR. BROOKS: Okay.
JUDGE TINLEY: -- you provide it in, and at
whatever interval you provide it in --
MR. BROOKS: Sure.
JUDGE TINLEY: -- in-house --
MR. BROOKS: Mm-hmm.
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JUDGE TINLEY: -- you know, just make
additional copies and provide it to us. And I think --
MR. BROOKS: Sure. Absolutely.
JUDGE TINLEY: -- that would be acceptable.
Then, of course, if we have further questions, we can --
MR. BROOKS: Absolutely.
JUDGE TINLEY: -- inquire and go from there.
MR. BROOKS: That's great. By the way, this
is actually a cleaner version than we usually give our own
staff. Our -- (Laughter.)
COMMISSIONER BALDWIN: Show off.
COMMISSIONER LETZ: This format is great, in
my opinion.
COMMISSIONER BALDWIN: Yeah.
MR. BROOKS: Okay, I'm glad to know that. I
think -- again, I think Commissioner Letz and Commissioner
Tinley -- Judge Tinley both said that communication is the
key, and I think if this is a communication tool that y'all
want to see in the future, we can absolutely provide that.
So, let me make -- one other question. And, actually, this
is more of a question to the Court, because it was brought
up at the last Council meeting. And this is an odd month,
in that tkie -- that the Council meeting preceded the
Commissioners meeting by a week. So, the question is about
the definition of "operational costs," because as we are
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working through these -- these details of -- of how we are
to react and work with each other, we've kind of begun to
wonder exactly what we meant when we worked on our
agreement, and one of the questions that was brought up is,
does the definition of "operational costs" include books or
not? Staff has recommended that -- that this does include
books, library -- any kind of library materials that go
towards the collection. I'm throwing that out to the
Commissioners Court to gauge some reaction and get some
comments that we can go back to the Council with. But they
had first reading of an ordinance that would amend the
Library Advisory Board, and this issue came up. They passed
it on first reading, but the Council has asked that we have
a resolution to this prior to the second reading.
COMMISSIONER WILLIAMS: Brian, the question
in my mind was -- and I think others of my colleagues, had
to do with the categorization of those purchases. It was
listed as a capital item --
MR. BROOKS: Mm-hmm.
COMMISSIONER WILLIAMS: -- I believe, instead
of something perhaps more routine under operations. Why
would that be listed as a capital item as opposed to an
operational -- basic operational item?
MR. BROOKS: Onfortunately, this is a victim
of what we have to deal with under the general acceptable
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accounting practices. We have before been -- we have been
instructed by auditors that this -- that the collection in
its entirety be considered a capital item. Obviously, when
you buy one book that costs you $14, $15, $20, that is not a
capital purchase. However, because the collection's
extensive and the collection actually appreciates and
depreciates, that we have been asked by our auditor that
this be calculated as a capital asset, and a capital ass=t
we have to budget as a capital asset. That does us no good
and does y'all no good. This -- this is a -- this is
strictly an interpretation that we have to follow for
accounting purposes. It doesn't really give us a good
operational direction. So, unfortunately, it still has to
remain as a budgeted capital expenditure, because it is a
collection. However, it is -- it is the opinion of the
staff, and I think of City Council as well, that this is
considered -- this should be considered an operational
expense as well.
COMMISSIONER LETZ: I think the way to solve
it is just to amend the interlocal agreement, 'cause it says
capital items are the responsibility of the City, and just
say, "For the purposes of this contract, books are not
considered capital items."
COMMISSIONER NICHOLSON: Commissioner, I
spoke with the then Assistant City Attorney, and what --
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what you've said is exactly what she told me, that some
accounting standards require the library books to be
considered capital. And, in my view -- that's okay, and I
understand that that's what they're saying, but in my view,
they're not capital; they're expense. In fact, they're
the -- the trade of a library, the stock in trade. And
also, from my view, I'd rather cut almost anything before I
cut on library and other literary materials. That's -- if
you don't keep that up, keep that current and -- and
sufficient numbers, that's the real indicator of quality of
your library. So, I -- I sure won't mind the County paying
its fair share for that line item.
COMMISSIONER WILLIAMS: I do have one
question with regard to this, Brian.
MR. BROOKS: Yes, sir.
COMMISSIONER WILLIAMS: If you don't mind.
Typically, we look at budgets that are approved, and -- and
reporting on activity thereafter as sort of reflecting, to
the -- to the extent possible, one-twelfth of each budget.
MR. BROOKS: Mm-hmm.
COMMISSIONER WILLIAMS: And I'm looking at
the operating revenue side, and I'm just wondering if there
are any anomalies with respect to the month of October,
because that's -- what I'm looking at certainly doesn't
represent one-twelfth of those anticipated revenues.

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MR. BROOKS: Correct. This -- there is one
anomaly. Obviously -- actually, it's the subsidy from the
County. We attribute that mainly to us trying to clarify
what the rules are. The County has not -- did not pay
through October 31st, through the first month. It usually
catches up. This has happened before in the past as we've
kind of tried to clarify our -- our -- our relationship and
the subsidy that we need to get, so that's really the only
anomaly. I think once that gets cleared up, I think you'll
see it more in the line of -- and add in -- excuse me, and
add in the Cailloux, you'd probably be well over the
one-month mark that we should be at.
COMMISSIONER LETZ: All right.
COMMISSIONER WILLIAMS: Thank you.
JUDGE TINLEY: Any other questions for
Mr. Brooks?
COMMISSIONER BALDWIN: No. I just want to
make a comment, though. I've been here 16 years, guys, and
I -- we had dinner Thursday night, and you provide us with a
report on Monday. I've never seen that happen before, and I
thank you very much, Mr. Mayor. Thank you very much for --
for this. And this is communication, and I appreciate it.
MR. BROOKS: Thank you, gentlemen.
Appreciate your help.
JUDGE TINLEY: Thank you, Mr. Brooks. We
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appreciate that.
MAYOR SMITH: Judge, I might --
COMMISSIONER LETZ: Oh, no.
COMMISSIONER BALDWIN: How in the world --
JUDGE TINLEY: I called Inky --
COMMISSIONER BALDWIN: How do you turn him on
and turn him off?
MAYOR SMITH: On our meeting, I think, set
for November the 21st, we will be approving -- and I'm not
speaking for the others, but I know there will be one vote
in favor of creating the Library Advisory Board. This board
will -- should settle a lot of the problems that have
occurred in the past. There will be three County
representatives and three City representatives, and it would
be the responsibilities of the people representing the
different -- the County and the City to communicate with
their other fellow members of their boards. And I think a
lot of these problems will be -- will be over. We have
created something like that for the library. We create our
own budget, so there will be City and County people working
on the budget. I would hate to tell them, well, you have to
have a lower budget or higher budget. Let them do their
job. And I hope we can let this old, dead horse die, and
let's move forward.
JUDGE TINLEY: Thank you, sir.
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COMMISSIONER BALDWIN: Thank you, sir.
JUDGE TINLEY: Anything further on that
particular agenda item?
COMMISSIONER BALDWIN: God, don't stir him up
again.
JUDGE TINLEY: On Items 23 and 24, there's an
indication of possible executive session. Is the Court's
pleasure to move those to the back of the agenda?
COMMISSIONER BALDWIN: Yes, sir.
COMMISSIONER WILLIAMS: Yes.
JUDGE TINLEY: That's my thinking also.
Let's go to Item 25, if we might. Consider, discuss, and
take appropriate action concerning the construction project
at the Animal Control facility.
(Discussion off the record.)
COMMISSIONER NICHOLSON: Judge and
Commissioners, again, I put this on the agenda in case that
-- to make it possible to make any decisions that might need
to be made. I don't have anything to offer you specifically
at this time, except that at 7 o'clock this morning, I
talked to one of the contractors, and he did get a permit
Friday, anc~ construction is under way, and as soon as I have
the details on that permit, I'll get back in touch with him.
JUDGE TINLEY: Anything further?
COMMISSIONER BALDWIN: And part of that is
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the -- is the sidewalk issue? Or --
COMMISSIONER NICHOLSON: As soon as I get the
details, Commissioner.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER NICHOLSON: Maybe I -- you know,
I -- I've heard about it, but I want to see the permit.
COMMISSIONER BALDWIN: Okay. Very good.
JUDGE TINLEY: Let's go back to Item 18;
consider, discuss, and take appropriate action on interlocal
agreement with Kendall County -- with Kendall County
concerning the Government Trapper contract. Commissioner
Letz.
COMMISSIONER LETZ: I put this on the agenda.
We discussed it briefly during the budget process. Since
then, I've met with the U.S.D.A. Trapper Service and the
Commissioner from Kendall County, and we are all in
agreement to enter into an interlocal agreement to do this.
We want to present it to the two courts; Rusty Busby is
presenting it to Kendall County today and I'm presenting it
to our Court. What this does, it's a win-win for both
counties. Kerr County currently has one trapper, and by the
nature of the workload, most of that time is spent in west
Kerr County. It's more -- I guess more demand out there.
Kendall County has two trappers, and they just made a change
of who those two individuals are. They have excellent
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trappers now they've hired. The problem is that without an
interlocal agreement, the Kendall County Trapper, even
though they're both U.S.D.A. employees, can't set foot into
Kerr County, and there are ranches that straddle the county
line, and plus the way they work in the sheep and goat
industry and all that.
There's -- I was approached by a number of
constituents in eastern Kerr County to see if we couldn't
figure out a way to get the Kendall County Trapper to come
into part of Kerr County, and I've outlined the -- the
tentative agreement that I'm proposing. Kerr County will
pay to Kendall County $5,000. These funds are budgeted in
our budget this year. Kendall County Trapper will provide
trapping services in eastern Kerr County in the area that --
we did -- we tried to go by major roads, make it a little
bit simpler to define. It will be everything to the east of
Elm Pass to Stoneleigh Road to Shultz Road, and that kind of
runs between Precincts 2 and 3 in eastern Kerr County. And,
to my knowledge, there's no ranches that straddle those
roads. It's a little bit of a gray area up around Whiskey
Canyon, but the Trapper Service figured they can work that
out internally.
This agreement has been agreed to by
U.S.D.A., the state office, and currently the Kendall County
Attorney is -- assuming this gets support by both counties,
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is going to draft the agreement, and then it will be
forwarded to Rex for form approval from Kerr County
standpoint. I'll just point out that the -- you know, the
Trapper Service -- I know it sounds like they just do
trapping, which obviously they do. They help control feral
hogs. Coyotes are probably the biggest, but other things as
well. They also work with the -- something I didn't know
till our meeting; they trap quite a few buzzards every year.
They have a permit to trap 2,000 buzzards. Buzzards in
certain areas are causing a lot of damage to L.C.R.A. poles
and other power poles. There's actually a place in eastern
Kerr County where they're destroying a roof of a house, so
they've trapped 400 at that place. I can't -- anyway, but
it's interesting. So, buzzards are also -- but that's not
really part of this, but I just thought more on kind of
different individuals.
But, the really important thing the Trapper
Service does, they're the entity that is front line of
rabies control -- or I guess second line of defense.
They're the ones that do the dropping of the bait that we
hear about on the San Antonio news frequently, primarily for
fox. They are also looking at some mechanisms to
additionally drop bait for feral hogs and coyotes that will
help sterilize those animals and prevent the growth. But --
so, it goes far beyond just trapping. And feral hogs are
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becoming a real problem county-wide, as are coyotes. I was
talking to Rusty during our break. The -- you can go out
anywhere almost every evening and hear coyotes, even in the
city of Kerrville as well. I think this is a good proposal,
in my opinion. We get a trapper that's excellent in part of
our county, and he's going to spend 20 percent of his time
in Kerr County. And I'll move approval of the agenda item,
subject to County Attorney approval -- or reviewing the
interlocal agreement when it comes.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item, subject to the County
Attorney's review and approval of the document. Any
question or discussion?
COMMISSIONER BALDWIN: Go ahead.
COMMISSIONER NICHOLSON: Is this an
additional $5,000, or is this --
COMMISSIONER LETZ: It's in the budget.
COMMISSIONER NICHOLSON: Okay.
COMMISSIONER LETZ: It's budgeted. We
budgeted for this.
COMMISSIONER NICHOLSON: Second question is,
how many buzzards does it take to make a good size gumbo?
(Laughter.)
COMMISSIONER LETZ: I'll defer on that one.
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COMMISSIONER BALDWIN: Why is the
interlocal -- interlocal agreement between Kerr and Kendall?
How is it -- U.S.D.A.'s got to come in there somewhere.
COMMISSIONER LETZ: They really don't. The
counties fund the salaries.
COMMISSIONER BALDWIN: I see. Okay.
COMMISSIONER LETZ: And so the agreement's
between the counties, and we just give Kendall County -- it
goes into their general fund, but it comes back out into --
it works out.
COMMISSIONER BALDWIN: Super.
COMMISSIONER LETZ: So they're not part of
the agreement, which is good.
COMMISSIONER BALDWIN: Yeah, really.
JUDGE TINLEY: Did that occur by a shift of
some funds which were previously -- would have been in the
Kerr County Trapper's budget, in their budget, or was there
some adjustment there?
COMMISSIONER LETZ: No.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: No, there was an
additional amount that we funded, and during budget
negotiations, this is an item that I pushed for, as I think
it's important for the eastern part of the county. And when
we were doing the final budget review, we deleted $5,000
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elsewhere in the budget, which was specifically in the Water
Development, to be able to fund this.
JUDGE TINLEY: But what it does do is allows
the Kerr County Trapper to be able to concentrate more of
his efforts in -- in the other 80 percent of the county and
be more efficient and effective there?
COMMISSIONER LETZ: Correct. And under the
agreement, I might add, is that U.S.D.A.'s input is the Kerr
County Tracker -- Trapper will not trap in the eastern part
of the county. They didn't want to over -- they were
actually -- they were more afraid of the -- this new
trapper's pretty gung-ho, and Kendall County wanted to make
sure that he didn't start spending all his time out at the
Y'.O. and other places in west Kerr County. So, it's kind of
divided up that way, so we gained 20 percent.
COMMISSIONER WILLIAMS: Just a question out
of ignorance. Does the trapper do only trapping, or does he
actually shoot a predator if he has the opportunity?
COMMISSIONER LETZ: He will not -- he has to
get a -- any property owner that uses this service has to
enter into an agreement with U.S.D.A. At no cost, but it
kind of outlines -- the landowner keeps control. And in
that contract, it can say whether they use cyanide or other
bait, or snares or trapping or shooting from aircraft. But
it's up to the landowner, at no charge. But they -- they
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use -	- in west Kerr County,	they use	helicopters	quite a
bit.				
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. Let's
go --
MS. NEMEC: Judge? I'd like your
consideration on 1.23. The employee that this agenda item
pertains to will be tied up in court all afternoon, and she
will not be available after lunch.
JUDGE TINLEY: That's an executive session
item that the Court asked to defer until the end. Based on
that information --
COMMISSIONER LETZ: I mean, I have no problem
going into executive session right now. Makes no
difference. I don't -- I'm not sure why -- I wasn't
expecting the employee to be here, but that's fine. I guess
if the employee wants to address the Court.
COMMISSIONER WILLIAMS: 1.23?
MS. NEMEC: Yes, sir.
COMMISSIONER BALDWIN: What -- what's the
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difference	-- I mean, the	employee's	not	here. What's the
difference	between doing	it now and	this	afternoon?
	JUDGE TINL	EY: Well,	the	employee is here.
The employee --
MS. NEMEC: The employee is here right now.
COMMISSIONER BALDWIN: In this room?
JUDGE TINLEY: Okay. I'm not --
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: I'm not sure that there's a
reason for the employee to be here, but that's a whole
'nother issue. But is it the pleasure of the Court, then,
to move on that item, or to we want to try and hit some more
and just get closer to straight up and then do it?
COMMISSIONER WILLIAMS: Why don't we get
closer to straight up? Let's do it before lunch.
JUDGE TINLEY: Yeah, we'll get to it before
lunch.
MS. NEMEC: Thank you.
JUDGE TINLEY: We'll probably hit it just
before then. I don't see that item taking a great deal of
time. Do you?
MS. NEMEC: I don't think so.
JUDGE TINLEY: Okay. Okay. Let's go to Item
19, consider, discuss, and take appropriate action on Kerr
County Subdivision Rules and Regulations. You're not going
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to run us till noon, are you?
COMMISSIONER LETZ: We're going pretty quick
on the next two.
JUDGE TINLEY: Okay, good. Glad to hear
that.
COMMISSIONER LETZ: I'm happy to say that we
have a draft of the new Kerr County Subdivision Rules and
Regulations, so I'll hand them out to every member of the
Court. And that's pretty much the extent of what we're
going to talk about today. I have received a fair amount of
input from a number of individuals; however, this draft has
not been reviewed by anyone other than me, so I really don't
want to get into the details of the discussions. I would
recommend that -- and it will be available for all county
departments as well, because it does affect quite a few.
There are a lot of changes, hundreds of changes. Some of
them, you know, changing typos, and many of them very
substantive, changing road widths, changing types of
materials used on roads, changing lot sizes and requirements
under -- for O.S.S.F. There's a -- in the last five years,
state law has changed in a number of areas, so I just
encourage everyone to take time to read it. We'll probably
try to sit down with Rex, after he's gone through it, and
kind of really go through it in a little more closer detail.
I have some areas of -- or questions.
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Our main authority comes under Chapter 232,
which is not an easy statute to understand and read.
There's some things that you can't find this time that are
in our old rules, and I've left it to him, because I'm --
you know, I want to make sure I don't take something out
that needs to be in there, but we may be able to simplify a
couple areas as well. So, all that being said, everyone
look through it. My -- I think the direction I'd like to go
would be at our next meeting, receive all the comments by
then. I don't think it will take a great deal of time to
incorporate that into the rules. And then, probably at our
first meeting in December, hand out a final version that
could then go out to the public to review for 30 days, and
then sometime in mid to late January, hopefully adopt the
new rules.
I will make a comment that there's a couple
of areas that I have not spent time on yet. One is on the
appendices; I've not really looked at those. I was trying
to get the main body done, so some of the references may not
be correct if they're not attached right now. But if you
look back at some of the other appendices also, I have not
looked at -- certifications have changed under the platting
process, but I want to look at that a little bit more
closely again with Rex. I really -- my goal is to ease up
on the plats, make it a little bit simpler to get through.
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We were going in a direction several years ago of putting so
much information on there that I thought was lost. I'm not
sure it's all required, and I think we really need to look
at Chapter 232 for all that information. There's a lot of
O.S.S.F. information that needs to be required in the plat
process, but I don't know that it needs to be on the plat
itself. But, I don't know; I'll visit with Rex and Miguel
about some of that and some other issues.
COMMISSIONER BALDWIN: Comment I'd like to
make. Commissioner Let? and I were over at the City Hall
the other day visiting with the City Manager and Planner
regarding the ETJ issue, and we are sitting down and putting
our rules and the city rules side-by-side and making some
comparisons -- as an example, width of roads and width of
pavement, driving surface and that kind of thing -- to see
if there's something that we can tweak to make us a little
bit closer to them to make this ETJ thing a little more
compatible with each other, so it won't be like pulling
teeth to get it done. I mean, I -- anyway, we're -- we're
comparing the two, and there possibly -- Jon, I may be out
of line by saying this, but I think it's possible that we
may be even tweaking this a little bit. Just a tad.
COMMISSIONER LETZ: We've made a few tweaks
to this to get -- on roads to make them a little bit -- I
think Leonard supports it as well. Road widths are widened
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on some of the lesser standard roads.
COMMISSIONER BALDWIN: Good deal.
COMMISSIONER LETZ: So, anyway, I think it's
a good first step, but there are problems, sure. Still
mistakes and things need to be added and corrected. I've
gone through it so many times, I'm not sure if I'm coming or
going any more. We need to get it through now, 'cause I'm
so confused now between our new rules and old rules...
COMMISSIONER NICHOLSON: Yeah.
JUDGE TINLEY: How difficult would it be to
obtain a red-line version?
COMMISSIONER LETZ: Very difficult.
JUDGE TINLEY: Okay.
COMMISSIONER NICHOLSON: Commissioner?
JUDGE TINLEY: Good thought, but it didn't
work.
COMMISSIONER NICHOLSON: The acreage
requirements on lots, are they relaxed? Other than the
high-density rule.
COMMISSIONER BALDWIN: Looks the same.
COMMISSIONER LETZ: It's about the same.
Basically the same; not a big change there. It's a little
bit different with the -- you know, they're basically the
same.
COMMISSIONER NICHOLSON: I really admire and
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appreciate the work that you do that goes into all this.
It's -- I know it takes up a lot of hours, and you're the
right one to do it, 'cause you're the guru.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER NICHOLSON: You know this stuff.
COMMISSIONER BALDWIN: Bless thee, oh guru.
COMMISSIONER WILLIAMS: Commissioner, you
want our comments in writing, or just our comments on the
24th meeting?
COMMISSIONER LETZ: I'd prefer you to make
them on this draft, because it's a --
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ; You know, and then we can
kind of look at them and come up with a new version. It's
a -- or either way. Just get them back to me somehow, and
then we'll kind of discuss them and see. To answer your
question, Judge, there are so many -- they've been -- this
draft has gone through probably five rewrites since I got it
to a one-version draft, and trying tc go back and pick up
all the changes, it literally -- I told Leonard this
earlier; there are hundreds and hundreds of changes.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: Some of them significant,
some of them very insignificant.
JUDGE TINLEY: Okay. Anything further on
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this item?
COMMISSIONER LETZ: Rex?
MR. EMERSON: No, I was just asking if I'm
going to get a copy so I can --
COMMISSIONER LETZ: Here it is.
COMMISSIONER NICHOLSON: Just a related
question, Judge. Is there any sense of --
MR. EMERSON: Thank you.
COMMISSIONER NICHOLSON: -- the ultimate
outcome of the deliberations between the County and the City
about what rules will apply -- will apply to the ETJ?
COMMISSIONER LETZ: It's -- well, where we're
going to probably end up going, I think the agreement is
that we're going to probably divide the ETJ up into City
responsibility areas and County responsibility areas, with
more of the ETJ probably going to the City than the same
with the County. And it makes sense that way. And they
have a -- a rural standard which is different than the city
standards, so people shouldn't think that when they're in
the -- you know, that the same standards are going to be
required for subdivision platting, 'cause in many areas
theirs are easier than ours. It's not -- it doesn't
necessarily all go the other direction. Like, for example,
curb and gutters -- that may not be a good example.
COMMISSIONER BALDWIN: That's a very good
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example. (Laughter.)
COMMISSIONER LETZ: That's a bad example.
But they're looking -- but in some areas, you know,
they're -- you know, they have to have different standards
in the rural areas, and -- and they're looking at their
rules as well in the rural area to see if they're reasonable
as well.
COMMISSIONER BALDWIN: But the -- a developer
is not -- is no longer going to have to go to both
government entities and pay fees at both places and that
kind of thing. They're going to go to one, which is -- that
should have been done 100 years ago.
COMMISSIONER NICHOLSON: That's a big step
forward.
COMMISSIONER LETZ: Right.
COMMISSIONER NICHOLSON: And when I get all
the facts to you on the adding on to the Animal Control
facility, I'll be able to give you some -- some ideas about
firsthand experience about the difference between building
in Kerrville and building in the county.
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: Okay. Let's move to Item 20
quickly; consider, discuss, and take appropriate action on
Kerr County Water Availability Requirements. Commissioner
Letz again.
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COMMISSIONER LETZ: Water availability goes
hand-in-hand with subdivision rules. There's a new draft.
It's not a whole lot different than the last draft that I
handed out. I will make note, though, that last week --
Wednesday, I think? -- Commissioner Williams and I attended
a Headwaters board meeting, and we discussed this water
availability at great length. Not sure we have a total
meeting of the minds with everyone on the board. Not sure
with anyone on the board, necessarily, but I'm going to have
lunch with one of the board members, Gordon Morgan, today
and go over some ideas, so there nay be some changes in
here. I personally am quite comfortable with the Water
Availability Requirements as I've drafted that are -- kind
of go hand-in-hand with subdivision rules. The big area of
contention is that counties also have the ability to adopt a
very -- either the entirety or a variance of it, of Texas
Administrative Code, Section 230. We chose -- and it's a
whole section, and it's right here and it's pretty thick.
And it's, in my mind, very onerous regarding water
availability.
Any county can adopt T.A.C. 230, and it gives
-- tells exactly how subdivisions are approved from a water
availability standpoint. If you're in a Priority
Groundwater Management Area, you have an option of modifying
this or coming up with your own entire -- own version. We
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are a Priority Groundwater Management Area county, which
gives us the ability to draft the agreement that I've
drafted. The main -- well, I think -- personally think that
T.A.C. 230 is totally unreasonable and the amount of
information required is redundant and it's -- and there's --
while it's -- a lot of people hold it up as a great
document, every time you read anything, it's up to the
professional opinion of the geologist. Well, my experience
is that, you know, you can find a geologist that will say
any -- like anything else, engineers -- will say whatever
you want. So, it's a big question as to what that actually
says or what the authority under T.A.C. 230 is.
The issue that Headwaters likes out of it, or
some of the board members like, is that it does require a --
a test well and an observation well to be drilled on every
subdivision, which is at least one test well and at least
one observation well. And you do a -- a pump test to find
out how much water is available in the aquifer at that
point. That's not all bad. The cost isn't too bad. But as
it is -- as is outlined in T.A.C. 230, I would totally be
nonsupportive of it. There may be a way to make something
that in some subdivisions, we do somethinq like that; I
wouldn't object to that too much. But, for example, in
T.A.C. 230, there's no provision for a 5-acre subdivision
versus a 2,000-acre subdivision, so either one would have to
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drill two wells, and I think that's just unreasonable. The
other requirements, it's just, in my mind, absurd to require
that much.
COMMISSIONER BALDWIN: In T.A.C. 230?
COMMISSIONER LETZ: Right. But we can -- we
don't have to accept it. If we were to require some test
wells to be drilled, we can develop our own criteria. We
don't have to adopt T.A.C. 230. And every county that I'm
aware of that is touted to have adopted T.A.C. 230, which is
Gillespie, Kendall, and Bandera right around us, in reality,
they have not adopted it. They've adopted a variation of
it, and require a -- you know, significantly less of a
requirement than T.A.C. 230. So, anyway, anyone that wants
to look at that, I'll probably -- I'll probably run off --
I'll have Kathy put a copy of it in each of your boxes.
It's interesting. And the communication -- the lines of
communication are still open, and there may be a change to
water availability based on what Headwaters' position is.
COMMISSIONER BALDWIN: Give me -- just real
quick, give me the top 25 reasons you would drill a test
well.
COMMISSIONER LETZ: The -- as an example --
COMMISSIONER BALDWIN: I mean, are we proving
that there's adequate water?
COMMISSIONER LETZ: You're proving adequate
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water. If you drill a test well and an observation well,
what you do, you do a 24-hour pump test, basically, which
means you go down to the water, you complete the well, the
main well, and you pump full-bore as much as you can for 24
aquifer at that location.
COMMISSIONER BALDWIN: One well per
subdivision, regardless of the size of the subdivision?
COMMISSIONER LETZ: The -- the language says
a minimum of one, but up to the discretion of the consulting
engineer or geologist or engineer. And I think developers
are going to find -- tend to find there's only one test
well, but it's kind of gray there. So, it's kind of -- and
that's one of the problems I have with T.A.C. 230. It
doesn't -- it just says a minimum of one. Well, if you're
in a big subdivision, one well isn't sufficient to be a
guarantee that there's groundwater there. And I just am a
little bit -- and also am a little bit concerned; I want to
probably visit with Rer, a little bit about it. If you adopt
this and they go out there and prove that there's -- say
they go out to Ingram area or to where they've had some huge
wells come in recently, and there -- and that well proves up
that there is -- you know, you can go on a 1-acre density
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out there, and population on a community water system. Does
that mean that they've proved up water availability a lot
more than what we're saying that we allow right now? And,
whereas if you go somewhere else in the county, you may not,
and I can see some conflicts coming in that way.
I think it's important that we work with
Headwaters. I think, in reality, if you look at our acreage
requirements and their pumping limits, we're pretty closely
meshed right now. So, while it would be nice to have a
whole lot of test wells drilled, I'm not sure that it's
worth the effort. I think that the Headwaters is drilling a
number of test wells and monitor wells around. There are a
lot some of the newer ones that I understand they're trying
to do pump tests on. I think we're getting the information
that we need. But I'm still willing to listen to Headwaters
board if they have an official opinion.
COMMISSIONER BALDWIN: I think it's an
absolute must that we do, you know, the availability
requirements. I -- I personally think it's ridiculous to
drill test wells, 'cause we know there's water down there.
But if we got to do it, we got to do it.
COMMISSIONER WILLIAMS: Well, the argument
seems to be coming on -- as Jon noted, I attended that same
Headwaters meeting, because I really wanted to hear the
questions that were posed to Commissioner Letz by members of
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the Headwaters board, 'cause one member of the Headwaters
board is from Precinct 2, and he raised some significant
questions about the availability of water in areas in
Precinct 2 versus the availability of water in areas other
than -- other locations in the county, here or in west Kerr,
and suggesting that there may not be as much water available
in certain areas of Precinct 2 and in the eastern part of
Kerr County. So, I wanted to hear all the questions that I
-- and Jon's response, and I'll commend Commissioner Letz
for taking the time and -- and the effort in his responses
and fielding the questions for over about an hour or more at
the Headwaters board meeting. This same member of the
Headwaters board has given the Court his argument for the
Administrative Code 230 in Kerr County, which would support
his point of view that we need to have test wells. Which
prompts me to ask -- and Dr. Morgan is in the audience right
now. I just need to ruminate with him just a minute.
Headwaters is engaged in a series of -- of test wells
located throughout the county. Is that correct, Dr. Morgan?
MR. MORGAN: That's correct.
COMMISSIONER WILLIAMS: And how many of those
wells are in -- in the eastern part or Precinct 2 that would
shed some light on this issue?
MR. MORGAN: We have -- we drilled two in the
eastern part, one more or less in the southern part, and two
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in the west.
COMMISSIONER WILLIAMS: And do you have any
more plans for others in the eastern part of Kerr County?
MR. MORGAN: There will be others as needed,
uh-huh.
COMMISSIONER WILLIAMS: In this fiscal year
or subsequent years or what?
MR. MORGAN: There's money in there to drill
probably at least one more, other than the two that are
coming out of this year's budget. There are two that we're
completing or did complete last week or the week before.
COMMISSIONER WILLIAMS: Is it too early to
assess any information or data that's beinq collected from
those eastern county wells?
MR. MORGAN: The eastern county wells are --
have been in effect for quite some time, and have been
monitored for at least two and a half years.
COMMISSIONER WILLIAMS: And what are they
showing us?
MR. MORGAN: Not much change at all.
COMMISSIONER WILLIAMS: Okay.
MR. MORGAN: But they're not -- you know,
they're in areas that are not con~~entrated with population,
so basically they're a static water level measurement.
COMMISSIONER WILLIAMS: Thank you.
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JUDGE TINLEY: Anything further on that item?
COMMISSIONER LETZ: The water availability
will be back on the agenda next time, and -- after meeting
with Dr. Morgan a little bit, and see if they have any
additional input.
COMMISSIONER BALDWIN: I'd like to hide in
the restaurant where y'all have lunch and see which one is
going to buy. Both of you are tightwads.
JUDGE TINLEY: You can go and you'll get
stuck with the bill.
COMMISSIONER BALDWIN: Yeah. I'm not about
t0.
COMMISSIONER LETZ: Hill Country Cafe. Come
on.
COMMISSIONER BALDWIN: I wouldn't miss it. I
wouldn't miss it.
JUDGE TINLEY: Let's move on. We will now go
out of open or public session, and it's straight-up
12 o'clock, noon.
(The open session was closed at 12:00 p.m.,
and an executive session was held, the
transcript of which is contained in a
separate document.)
JUDGE TINLEY: Okay. It's 12:28 p.m., and
we're now back in open -- open or public session, and at
this time we'll stand in recess until 1:45.
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(Recess taken from 12:28 p.m. to 1:50 p.m.)
DODGE TINLEY: Okay. Let's come back to
order. We were in recess until 1:45. It's past that time
now. Well go to Item 26; consider, discuss, and take
appropriate action on ethics requirements for public
employees seeking elected office. Commissioner Letz?
COMMISSIONER LETZ: I put this on the agenda
mainly to get Rex to do the work. (Laughter.) I just
thought that -- it seems this year we probably have more
contested races, which is a good thing in my opinion, in
Kerr County. But because of that, it also means that
there'll be more -- probably more campaigning. I just
thought it would be a good opportunity to make all elected
officials -- or remind all elected officials and County
employees that are running for elected office that there are
some do's and don'ts about using county office space,
facilities, telephones, computers, paper, and on down the
line when you're running for elected office. So, I thought
P,ex could give us a brief update.
MR. EMERSON: I think you pretty well covered
it.
SHERIFF HIERHOLZER: You just gave it.
MR.. EMERSON: Yeah. Don't use public assets
for private gain, which means don't use your public office
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or assets to run for office.
COMMISSIONER LETZ: What is --
COMMISSIONER WILLIAMS: Go ahead.
COMMISSIONER LETZ: A question on -- like,
okay. Obviously, some of the things that -- obviously, you
can't Xerox a bunch of campaign literature from a county
computer -- or county copier and use that. What about
things like wearing election pins in the courthouse?
MR. EMERSON: I think that's probably y'all's
policy. That's probably -- I don't know that there's
anything in particular, unless there's an election in
progress at the time, and then there's restrictions.
COMMISSIONER LETZ: What about petition
drives and things? Can they be done in the courthouse?
MS. NEMEC: No.
MS. MITCHELL: Huh-uh, no.
MR. EMERSON: I don't think they're supposed
to, Jonathan.
SHERIFF HIERHOLZER:
last year with the signs on the co
during the election.
MR. HOLEKAMP: Pull
MR. EMERSON: Yeah.
them here; I know that.
COMMISSIONER LETZ:
What did the County do
srthouse yard? Not just
them up.
I was told not to put
Anyway, that kind of
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covers it. I just thought it would be a good opportunity
just to remind everybody that there are some ethics rules
that everyone needs to follow, and hope everyone follows
them.
COMMISSIONER WILLIAMS: Well, it not only
applies to employees seeking public office; it would seem to
me it also applies to County employees assisting candidates
who are seeking public office, would it not?
MR. EMERSON: As far as using assets, yeah.
COMMISSIONER WILLIAMS: Or time.
MR. EMERSON: Or time. Or soliciting
petitions in the courthouse, that kind of stuff, yeah.
COMMISSIONER WILLIAMS: So, it goes on both
sides of the street.
MR. EMERSON: By the same token, you have a
freedom of speech issue. There's nothing to keep Employee A
from telling Employee B in the hall out here what they're
doing.
COMMISSIONER WILLIAMS: That's true.
COMMISSIONER NICHOLSON: We had a pretty
vigorous discussion about this a year or so ago, and -- and
that fine line between free speech and -- and maintaining an
appropriate arm's-length distance from those things by
officials and employees. It gets to be a pretty fine line
sometimes.
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JUDGE TINLEY: Commissioner Williams, I note
Commissioner Letz mentioned we had a number of contested
races; that he thought that was a good thing. I don't
recall him having said that two years ago. Do you?
COMMISSIONER BALDWIN: No. It's just -- it's
a cycle. See, it's good in this cycle. Next cycle, it's
not good.
JUDGE TINLEY: Oh, okay.
COMMISSIONER LETZ: It's every two years,
it's good -- every four years, excuse me.
COMMISSIONER BALDWIN: Everybody knows that.
COMMISSIONER WILLIAMS: It wasn't any good
two years ago. It's bad stuff.
COMMISSIONER BALDWIN: You can tell the new
politicians.
COMMISSIONER WILLIAMS: I notice he didn't
bring the topic up two years ago, either.
JUDGE TINLEY: I don't remember it. He could
have, but I certainly don't remember it.
COMMISSIONER BALDWIN: We thought everybody
understood that.
COMMISSIONER LETZ: On that cycle, everyone
knows the rules. This time, we thought we'd make sure
everyone knows.
JUDGE TINLEY: I see.
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COMMISSIONER WILLIAMS: I see. I got you.
JUDGE TINLEY: Okay. Have we got anything
else on that particular agenda item?
COMMISSIONER LETZ: That's it.
JUDGE TINLEY: Let's move on, then, and go to
Item 27; consider, discuss, and take appropriate action
authorizing Employee Health Benefits insurance consultant to
advertise and solicit bids for stop loss insurance for 2006
Employee Health Benefits program. I put this on the agenda
at the request of our insurance consultant. And, as he
indicated when he was here last time, he wanted to go ahead
and solicit bids for the -- for the stop loss coverage, and
he's ready to move forward on that, and -- but he needs our
okay to do that.
COMMISSIONER BALDWIN: Make a motion.
JUDGE TINLEY: No.
COMMISSIONER BALDWIN: I'll sit and watch,
then.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: Let's make him make a
motion. So moved.
COMMISSIONER LETZ: Second.
COMMISSIONER BALDWIN: That didn't last long,
did it?
JUDGE TINLEY: Motion made and seconded for
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the agenda item.
COMMISSIONER WILLIAMS: Question.
JUDGE TINLEY: Any question or discussion?
Commissioner Williams?
COMMISSIONER WILLIAMS: Does -- does this
authorization to consult and to advertise include the
services of the local agent? Or is that separate and apart
and different from --
JUDGE TINLEY: That's separate and apart and
different from, as far as I know. Well, with the eYCeption,
when -- when the bids come in for the stop loss insurance,
presumably there's going to be agents attached to each one
of them, I would think.
COMMISSIONEP. WILLIAMS: Yeah, but the local
agent -- correct me if I'm wrong, Madam Treasurer -- but the
agent theoretically provides services with respect to the
program other than just the stop loss portion; is that
correct?
MS. NEMEC: Correct. He is the agent for our
health insurance coverage with Mutual of Omaha, and he is
also the agent for whatever stop loss company that has the
best bid. And it's my understanding that only the stop loss
coverage is what's being bid out right now.
JUDGE TINLEY: That's correct. That's
correct, only the stop loss coverage is being bid.
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COMMISSIONER BALDWIN: Let me get a question
in similar to that, then. When the bids come in and our
guru in San Antonio looks at them, should our agent be a
part of that evaluation?
JUDGE TINLEY: Well, the agent will be part
of the evaluation as it pertains to the stop loss coverage,
I would think. I think they're necessarily connected.
COMMISSIONER BALDWIN: So, our agent's going
to be notified that -- that he's going to be in San Antonio,
that he's going to be opening up and going through them, so
he needs to drive over from Seguin to go through it with
him?
JUDGE TINLEY: No. The consultant will be
the one that advertises for the bids from stop loss
carriers, and presumably he -- he's got a pretty good idea
who's in that market, and he's going to -- he's going to
issue the solicitation for bids and see that it gets --
COMMISSIONER BALDWIN: I thought we were just
saying, though, that our agent was involved in that.
JUDGE TINLEY: Not in the solicitation for
bids, no.
COMMISSIONER BALDWIN: I understand that. I
understand that he's not in the solicitation, but carrying
the program out and being a part of it from that point on,
wouldn't he be?
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JUDGE TINLEY: There will be an agent
involved with the stop loss carrier, yes.
COMMISSIONER BALDWIN: Is that our agent in
Seguin, Texas?
MS. NEMEC: Yes.
JUDGE TINLEY: Yeah, he is now. As to the --
the Mutual -- an agency of Mutual of Omaha, whatever its
insuring arm is, is currently that stop loss carrier.
COMMISSIONER LETZ: Let me ask a different
question. My question -- I thought after our last meeting
that we were going to look at agents as well.
COMMISSIONER WILLIAMS: That's why I asked
the question.
COMMISSIONER LETZ: And -- and I thought that
we could do that -- I mean, we're not changing -- as I
understand, we're not changing Mutual of Omaha as being
our --
JUDGE TINLEY: Admin.
COMMISSIONER LETZ: -- our administrator.
JUDGE TINLEY: Yeah.
COMMISSIONER LETZ: But we may change the
agent that represents Mutual of Omaha?
JUDGE TINLEY: Well, we don't know who the
stop loss insurer is yet.
COMMISSIONER LETZ: Right. But, either way,

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we're going to have a -- someone's going to represent Mutual
of Omaha and the stop loss carrier, but we don't know who
that is yet. How do we determine who that person is going
to be? Or that -- what agency is going to represent the
stop loss carrier and Mutual of Omaha to the County?
JUDGE TINLEY: As far as I know, that's going
to be determined -- it's going to be -- the bids that are
presented to the consultant, which will come before this
Court, each of those bids will have an agent or agents
attached to them.
COMMISSIONER LETZ: Okay. So, it's the same
way we got the -- the winning bid last time, where Wallace
and Associates was the company that sent in that bid that
was ultimately awarded?
JUDGE TINLEY: Mm-hmm.
COMMISSIONER LETZ: We're going to get
agents -- we're going to be submitting bids again, so we may
have --
JUDGE TINLEY: Yeah.
COMMISSIONER LETZ: But this time -- well, I
guess the stop loss carrier -- stop loss carrier doesn't
have to be Mutual of Omaha.
JUDGE TINLEY: No.
COMMISSIONER LETZ: But anyone submitting a
bid is going to have to be a Mutual of Omaha agent.
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JUDGE TINLEY: No,
COMMISSIONER LETZ: How will --
JUDGE TINLEY: Absolutely not.
COMMISSIONER LETZ; How would that work? I
mean, how is it --
COMMISSIONER WILLIAMS: Well, let me ask it
another way. What -- what if a stop loss carrier other than
Mutual of Omaha presented a bid to us that we determined was
in our best interests to accept? Does that automatically
convey with it a new agent, or the same agent? And if it's
the same agent, is it too late, then, for us to determine we
want to change agents?
COMMISSIONER, LETZ: P,ex is trying to say
something.
MR. EMERSON: I don't know the exact answer
to your question, okay? But I can tell you that our current
insurance policy does not address who the agent is. The
actual contract does not specify who the agent is, and in
fact states that we have control of the policy and the
delegation thereof. So, I presume by that -- and the Judge
has done a whole lot more than I have in that arena, but I
presume by that you could designate whatever agent you
wanted to.
COMMISSIONER WILLIAMS: But we need to have
-- have a bid for those services, would we not?
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MR. EMERSON: I would think so.
COMMISSIONER WILLIAMS: Put it out for bid.
MR. EMERSON: There's a lot of money
involved, yeah.
JUDGE TINLEY: Yeah.
COMMISSIONER WILLIAMS: So that gets me back
to my original question. Should -- should our authorization
for stop loss insurance also include authorization to go out
for bids for a local agent?
JUDGE TINLEY: Well, if you're -- if you're
going to limit it to local agents, I think you need to let
the consultant know. I'm not sure about the legalities, if
you can limit bids to local agents; I don't know that.
That's something for that gentleman.
MR. EMERSON: Well, one thing to think about.
Typically, the agent is paid by the insurance company.
COMMISSIONER WILLIAMS: Mm-hmm.
MR. EMERSON: And I'm not sure you would have
to take bids for designating a new agent if all the
payment's coming from the insurance company and not from the
County. I seriously doubt that the insurance company cares
who you have as an agent.
COMMISSIONER WILLIAMS: Well, I seem to
recall that under our current scenario, when the consultant
came in and made a recommendation for the package that we
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now have, he also made a recommendation for the local agent
that was different than the one we had before, and he stated
his reasons why, and we accepted that. Now, we didn't go
out for bid for him, you're right.
COMMISSIONER LETZ: My recollection is
different than that. My recollection is that we received
bids all through various agents, and we had, as I recall,
two or three Mutual of Omaha bids from different agents, and
we went with the one that gave us the best -- you know,
based on what was submitted, the best package. But Mutual
of Omaha was presented -- you know, it was their -- or they
were represented by, I know, two agents, and I think three.
COMMISSIONER NICHOLSON: Yeah, that's what I
recall.
JUDGE TINLEY: There was another -- another
carrier that, through different agents or different
combination of agents, submitted packages. More than one
package, also.
COMMISSIONER NICHOLSON: Blue Cross.
JUDGE TINLEY: So that the -- you get the
agent with the bid. And, of course, you're free to accept
or reject all or any number of bids, or to negotiate with
any number that you make a threshold determination that you
-- there's a likelihood that you could ultimately consummate
some -- some arrangement with on their final and best offer.

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COMMISSIONER LETZ: I think we should -- I
mean, I think we're pretty much -- this is a narrow agenda
item. Maybe we should have Gary come up at our next meeting
and go over this issue, 'cause obviously we're not sure.
JUDGE TINLEY: That's fine.
COMMISSIONER NICHOLSON: I'll tag onto this
general issue of insurance and bids. This is our benefits
handbook for Kerr County, and if I've got a question about
whether a dependent is covered, I couldn't find that out in
here. That's not satisfactory.
DODGE TINLEY: I think we had a motion and a
second on this. I think you made the motion?
COMMISSIONER BALDWIN: I did.
JUDGE TINLEY: Okay. Are you wanting to
pursue that motion?
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: Okay. All right.
COMMISSIONER BALDWIN: Has something changed
here?
JUDGE TINLEY: And any more question or
discussion on the motion? All in favor of the motion,
signify by raising your right hand.
(Commissioners Baldwin and Letz voted in
favor of the motion.)
JUDGE TINLEY: All opposed -- did you vote
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for?
COMMISSIONER LETZ: Yes.
JUDGE TINLEY: All opposed?
COMMISSIONER WILLIAMS: I'm opposed, 'cause I
want the answer to the question.
COMMISSIONER NICHOLSON: Yeah, I'm opposed,
'cause I'm not sure what I'm voting on. Are we going to
have Gary come in here and explain this to us?
JUDGE TINLEY: I think, from a time frame
standpoint, it would be beneficial if we could get that done
today, but I'm going to oppose the motion at this time and
vote negative on it in order that we can get that issue
resolved, and hopefully we can get him up here in a couple
of weeks and it won't unduly delay things.
COMMISSIONER BALDWIN: That's cool.
COMMISSIONER NICHOLSON: If it takes a
special meeting, I'm okay with that.
COMMISSIONER LETZ: I think it probably would
be wise to do that.
JUDGE TINLEY: Okay. We need to know what
we're doing.
COMMISSIONER BALDWIN: I'd like to withdraw
my motion.
JUDGE TINLEY: Okay. (Laughter.) You're the
one that created this whole problem. Okay, I believe
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everything else that we've got on the agenda is for
exer_utive session items, unless I've missed something here.
SHERIFF HIERHOLZER: Your reports.
JUDGE TINLEY: Hmm? Sorry?
SHERIFF HIERHOLZER: At 1:30, Item 30.
COMMISSIONER WILLIAMS: Which one?
COMMISSIONER NICHOLSON: Reports.
JUDGE TINLEY: Well, those are -- I want to
take those, I think, after we get through with our regular
agenda here. So, at this time, we will go -- we will close
our public or open session, and it is 10 minutes after
2 p.m.
(The open session was closed at 2:10 p.m.,
and an executioe session was held, the
transcript of which is contained in a
separate document.)
JUDGE TINLEY: Okay. We are back in open or
public session. It is 3:36, and we'll move on to Item 30,
the scheduled 2 o'clock items, reports from the departments.
I.T. --
COMMISSIONER NICHOLSON: Do we need a motion
to --
COMMISSIONER LETZ: Yeah, we need to do a
motion.
COMMISSIONER WILLIAMS: We need a motion on
1.23.

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JUDGE TINLEY: Thank you. Let me back up.
Does any member of the Court have any motions to offer in
connection with items considered in executive or closed
session?
COMMISSIONER NICHOLSON: Judge, I make a
motion that we reimburse to the -- our employee, Heather M.
Patton, $647.21 that's been paid for dependent health care
insurance.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: That's in connection with Item
23?
COMMISSIONER NICHOLSON: Yes.
COMMISSIONER WILLIAMS: Where --
JUDGE TINLEY: I have a motion and a second.
COMMISSIONER WILLIAMS: Where do you want
that to come from? Nondepartmental?
MS. NEMEC: I can just pay that out of our
insurance reserve.
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: Okay.
MS. NEMEC: 10-107-090.
COMMISSIONER WILLIAMS: Good.
JUDGE TINLEY: Any question or discussion on
that motion? 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: Does any member of the Court
have any other motion or motions to offer in connection with
any more of the items considered in executive session?
COMMISSIONER LETZ: No.
JUDGE TINLEY: Hearing none, we'll move on to
Item 30, reports from departments. I.T. Now you're up,
John.
MR. TROLINGER: Afternoon. I submitted to
y'all a written single-sheet report this morning outlining
the highlights of what's taken place over the past two
months. I think the most significant item I'll mention is
the J.P. 9 conversion. The Precinct 4 Justice of the Peace
is now integrated in the county system. They were a
stand-alone system where only they had the data. And,
further, the Warrants Division in the Sheriff's Office have
done a really terrific job of helping out with that; I think
there's some streamlining and some improvements in the
warrant process as a result of what we did with J.P. 4.
Basically, the justices of the peace held their warrants
in-house, and now they're going to use the Warrant Division
to -- to hold those warrants and have them available 24
hours a day versus locked up in the office after hours. If
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y'all have any questions for me?
COMMISSIONER LETZ: Where are we on our big
computer system?
MR. TROLINGER: Big computer system is in the
planning. We've started the basic piece, where the --
the -- basically, Software is looking at the database to see
what they've got to do for the conversion and doing the
preparation work.
COMMISSIONER LETZ: What's the timetable look
like?
MR. TROLINGER: We don't have a timetable
yet. We have not established the timeline. Gillespie
County is an example. They just finished putting their
civil online in -- and they're about a year and a quarter
into the project.
COMMISSIONER BALDWIN: They're ahead of us?
MR. TROLINGER: (Nodded.) And I just spoke
with my counterpart last week regarding that, and he's -- he
says it's a several-month process to get ready. And then,
once the -- once it's ready -- once it's ready to go live,
it's a very quick thing. The training is done all in one
week. The users are all switched over at the same time.
COMMISSIONER BALDWIN: John, I've got a
couple of rumors here I want to ask you about. On your
report, the voice-over IP program with 198th D.A.
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149
investigator.
MR. TROLINGER: Yes?
COMMISSIONER BALDWIN: I'd heard through the
grapevine that he was having all kinds of problems with
that, a lot of crackling and popping and being cut off.
MR. TROLINGER: He was having problems with
Mason, Menard, and one other county. Some of the phone
numbers he was calling, there was an issue with the provider
that was being used. I got that information from him, and
the problem's been resolved.
COMMISSIONER BALDWIN: Fantastic. I didn't
know they even had phones out there yet. The software for
the juvenile facility, Caseworker system, et cetera, et
cetera --
MR. TROLINGER: Okay.
COMMISSIONER BALDWIN: -- that you're going
to install in there, we budgeted and we're ready to go, but
the State provides that already. Why is it that we want to
put our system in and pay for it when the State already
provides for it?
MR. TROLINGER: The free software, the
Caseworker software, isn't appropriate for a detention
facility. It's -- it's designed for the Probation
Department. What The Software Group has offered to do, and
is going to do at no additional cost as part of the Odyssey
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installation, is they are going to provide us with a
customized package equivalent to the jail package for the
adult detention, and they're going to customize it for
juvenile detention.
COMMISSIONER BALDWIN: And it fits with the
Austin agencies and --
MR. TROLINGER: And the forms and the
reports, yes.
COMMISSIONER BALDWIN: Okay, cool. Thank you
very much for that.
MR. TROLINGER: You're welcome. The only
piece that I did see missing in the budget for juvenile
detention doesn't cover the high-speed Internet connection
to the courthouse.
COMMISSIONER BALDWIN: That's good. That's
fine.
MR. TROLINGER: That's needed for them to
make it work, so we'll have to revisit that.
COMMISSIONER WILLIAMS: I see you're still
working the equivalent to one and a half people. Is there
any let-up in sight, or is that something you're going to
continue to do?
MR. TROLINGER: It's going to continue. I'm
trying to get a little bit more help. I've got a community
service worker that's very competent that's doing a few
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151
hours. But the database maintenance and -- for instance,
tonight I'm going to have the phone system offline to change
the batteries out, the backup batteries. There's just no
way around it.
COMMISSIONER BALDWIN: There are many
times -- not necessarily in your department, of course,
'cause you're brand-new, but that we've tapped into
Schreiner students to do technical things around the
courthouse. Is that a possibility?
MR. TROLINGER: Schreiner, I don't know.
I've tried to enlist support from a couple different places.
The -- the community service workers, one of them now --
just now getting started is very promising.
COMMISSIONER BALDWIN: Oh, okay.
MR. TROLINGER: And also, from the -- from
the children -- some of the kids of the county employees,
getting them to volunteer to do web site work, things like
that.
COMMISSIONER BALDWIN: I like it. That's a
cool deal.
DODGE TINLEY: Getting it done, though, huh?
MR. TROLINGER: Little bit at a time. It's
probably a better learning experience for them than it is
benefit to us, but it's a good thing.
COMMISSIONER BALDWIN: It's a benefit,
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though.
MR. TRULINGER: It is.
COMMISSIONER BALDWIN: Yeah. Too cool.
COMMISSIONER LETZ: Thank you, John.
MR.. TROLINGER.: You're welcome.
JUDGE TINLEY: Thank you. Road and Bridge.
Mr. Odom?
MR. ODOM: Yes, sir.
JUDGE TINLEY: Good gosh, another report?
COMMISSIONER BALDWIN: Thank you.
MR. ODOM: I'll let you take a little bit of
time to scan it. What we have in road projects currently,
we've completed all the sealcoat that we projected to do
last year with the exception o£ two, and that was Nimitz and
Skyview in Precinct 9. And they were not completed, and
they will be first on our list for the next year.
Basically, I have that contractor that did not show up, and
I kept putting it eff, and we ran out of time. He never did
scorify anything up with that machine. The sales
representative for Ergon called in this last week, and he
expects the cost of paving oil to increase 24 cents. That
will put me in a deficit at the current program of 32,000,
so it doesn't look like it gets any better.
JUDGE TINLEY: That's not within the window
of your bids?
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MR. ODOM: That's not in the window of my
bids.
JUDGE TINLEY: Okay. Well, you don't stretch
it too far.
MR. ODOM: This year, 94 cents is what we had
this last year. Year before was 74 cents. It is a -- it is
hard. We had a -- a good discussion about it. He's going
to be coming back in the next week, so we'll just have to
wait and see how the economy's going and what petroleum
does. And --
JUDGE TINLEY: When does your current
contracts run through?
MR. ODOM: I believe it's in March. I'll be
coming to you after the first of the year Eor authorization
to go out for bids, a bid package to go out for all the
different things.
JUDGE TINLEY: If we see a good, strong dip
in petroleum prices --
MR. ODOM: Well, that's what I'm --
DODGE TINLEY: -- you may want to go at it
earlier; I don't know.
MR. ODOM: Well, that's -- that's what I'm
sort of thinking. It sort of depends how we're going, but
his comment to us was -- or to me was that no one is willing
to go on a long-term commitment. But that's his suppliers.
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And he is at that price that I said, at a buck twenty a
gallon. He is willing to go out on a long-term. But,
again, you never know how prices may change a little bit.
JUDGE TINLEY: Define "long-term." A year?
MR. ODOM: Long-term is one year for them.
JUDGE TINLEY: Okay.
MR. ODOM: Last week we had some striping,
and they did do that Friday, and I went up there this
morning to look at it. Looks good up through Canyon Springs
with buttons and all, so we got up on top of that hill
coming from that entrance and going back up on top where it
splits. So, that looks good, and it was a project I was
wanting to do for several years. We got our sealcoat done
this year to make it work. Our office projects were
subdivision plats; you can see that I had three. I have one
that needs -- I'm sorry, one that is complete, has a final,
and two that are not final, needs a final on them. Also,
properties reported in violation of subdivision rules, we
have one that's been contacted, one is in the process of
being corrected, and I have three that we found not in
violation of subdivision rules.
COMMISSIONER BALDWIN: Leonard, please let me
ask you a question. When you contact somebody, who do you
contact?
MR. ODOM: Contact the developer or the --
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COMMISSIONER BALDWIN: Seller?
MR. ODOM: -- person who sold those
properties to these individuals.
COMMISSIONER BALDWIN: Okay.
MR. ODOM: And floodplain, we had seven. I
have three that construction permits were complete. I had
two that were notification, letters of compliance were
issued, and two construction permit pending completion of
the project. Employees, we had one workman's comp claim. P
worker fell in the river while working on a protective
barrier on Hermann Sons, old bridge embankment. It is
ironic, because I was down there doing that to keep other
people from falling off, and -- and I had this individual --
but he was released. He checked in the emergency room; he
was released and he's all right. And I was looking at tort
liabilities, and I have my own person fall in. So --
COMMISSIONER NICHOLSON: Did he miss --
MR. ODOM: -- I can't win for losing.
COMMISSIONER NICHOLSON: Did he miss any
time? Was he back at work the next day?
MR. ODOM: Just that day. He was back the
next day.
MS. PIEPER: That's what my son used to say
when he wanted to go swimming. He said, "Oh, mom, I fell."
MR. ODOM: Just fell. This was -- oh, this
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was preventable, but, I mean, it was -- it was a good job,
and we've tried to do that. We may be looking at something
later on for some kind of agreement with Pot of Gold or
whoever owns that Hermann Sons in there somehow, try to have
some control back up in there.
COMMISSIONER LETZ: Leonard, on that, I
haven't been over there recently. Are the railroad cars
still over there, or are they out?
MR. ODOM: No, the railroad cars are gone;
they're over at the river trying -- I'm trying to get some
drilling done.
COMMISSIONER WILLIAMS: Are they at the park
now?
MR. ODOM: At the park.
COMMISSIONER LETZ: What about the old torn
up one?
MR. ODOM: It's in my yard across -- behind
the baseball field there. But I have two of them sitting
down there, and I'm trying to yet them to come in here and
try to drill me some shelves, whir_h has not been too
successful here lately.
COMMISSIONER WILLIAMS: Leonard, when's the
last time -- or was the last time that you were out at the
Wheatcraft site on Highway 27? Was that the last time you
and I went out there together?
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MR. ODOM: I think so. That was the last
time I've talked to --
COMMISSIONER WILLIAMS: Okay. Would you kind
of keep an eye on that see if the rock crushing aspect of
that is not started?
MR. ODOM: I will, yes, sir.
COMMISSIONER WILLIAMS: Not constructed yet.
MR. ODOM: Right.
COMMISSIONER NICHOLSON: Are you working on
Felix Fisher Road?
MR. ODOM: Not yet.
COMMISSIONEP. NICHOLSON: That's all right,
you can wait till Monday or Tuesday.
COMMISSIONER LETZ: Leonard, going back to
Hermann Sons a minute, do you have a plan as to what to do
with the old road and -- I mean, people contact me about
what we're going to do on access to the river right there,
what our plans are. I know Hermann Sons -- on the south
side of the river, the Hermann Sons side of the river, we
don't really have enough right-of-way there. I mean, we're
just going to have the road. Most of the properties, it
will be up to those land owners to fence off and do what
they want with it, but on the Highway 27 side of the river,
we're going to have a fair amount of additional property
between the old road and the bridge. Do you have any plans
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for doing anything there? Or just --
MR. ODOM: The reason I wanted that before
was for maintenance.
COMMISSIONER LETZ: Right.
MR. ODOM: And we can't give that up, so I --
COMMISSIONER LETZ: No, I don't want to give
it up. I was just wondering if we need to do anything from
the standpoint of tying up that road. There's a fine line
between giving people access to the river, and it's a good
location, but not getting too much access to the river
necessarily, or encouraging too much without --
MR. ODOM: Well, that guardrail is up there,
so you're sort of cut off from the side over there. We have
it where you -- we haven't figured out -- we were probably
going on the Hermann Sons side over there. We put a
guardrail up -- well, it's down right now, but we were
trying to close off the structure so they can't back up on
it. And up on the Comfort side over there, you're really
cut off from the --
COMMISSIONER LETZ: I'll take a look at it.
MR. ODOM: Take a look. We obliterated the
road -- they obliterated parts of it, and then what they're
doing is putting topsoil, and I would imagine they're going
to grass it like they have the dish lines and all. But we
brought it back to a certain point and tried to obliterate
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it so you just didn't see the road leading you down there,
but kids are going to be kids.
COMMISSIONER NICHOLSON: Mr. Odom and I have
been dealing with a couple similar issues that I think you
all would want to know about. Both of them involve concerns
about trespass on the river banks on private property, and
in one case, three landowners are asking us to abandon part
of a road so that they can block it and make access more
difficult. So far, we've responded, "If you come back and
ask to abandon all of it, we'll probably do that, but we're
not too keen about abandoning just the last part of it."
And then the other one was -- and this has come up with more
than one landowner. As it turns out -- you all probably
knew this; I didn't -- the County has an easement on both
sides of Ingram Lake on the riverbank, and it's a certain
elevation. And it -- it runs between 20 and 25 or 28 feet
back into private property. And the purpose of the easement
is so that we ran have access to the lake for maintenance.
I suppose if we drain it or something, we
might need to get equipment in there. But it runs for a
long ways, two or three miles back up toward -- toward Hunt,
and lately there's been, I think, increasing instances of
trespass. A lot of it involves young people and maybe
underage drinking and rowdiness and all the other kinds
of -- sort of things that go along with that. So, we've had

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some citizens that have been pretty upset about that, and
Rex looked into the -- didn't look into; he knew the
answer -- looked into the law. People think that because
the County has an easement, it gives them a right to be on
that property, and it does not. They're -- they're
trespassing. Land owners can post it; they can put fences
up on it if they want, so long as it doesn't inhibit our
access to it. So, I wanted to let you know that that's
something that's being talked about quite a bit in the
Ingram/Hunt area.
COMMISSIONER BALDWIN: Again.
COMMISSIONER NICHOLSON: Yes. I was sure it
was before.
MR. ODOM: And we may need -- maybe we need
to get together and go out there and take a look at that,
but I -- my thought is, is I would like some property owners
to have control with us having access, not to give it up. I
don't know how, legally, we might do that, but somehow to
control that access, 'cause I don't really want them down
where we -- where one of my workers fell off that. I
don't -- I don't want them down there, and I would rather
have the tort liability on someone else with us having a
rider somehow. But maybe we can talk to legal about it.
COMMISSIONER LETZ: Okay. All right.
MR. ODOM: I would like some fences or
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something up in there maybe.
COMMISSIONER LETZ: I'll take a look at it.
JUDGE TINLEY: Anything else for Mr. Odom?
COMMISSIONER BALDWIN: What about Travis
Hall?
MR. ODOM: Travis Hall? Travis was supposed
to go to a seminar over in Austin and get back with us on
this, because we came to the court about tarping our
vehicles. And the information we've got is that we're
not -- Texas Association of Counties said that we don't have
to do that. Travis said he would verify, and we haven't
heard anything, so we assume no news is good news. And
that's the way we're going about it. So, he's supposed to
get back with us. Since we're not a commercial entity, we
should be exempt from that, is what we were told. I don't
want to spend several thousand dollars for tarps if I don't
have to.
JUDGE TINLEY: I don't want you to. Thank
you, sir.
MR. ODOM: Yes, sir.
JUDGE TINLEY: Mr. Holekamp?
MR. HOLEKAMP: Good afternoon. I -- I
included a monthly report for the month of October. The use
of the indoor arena, Exhibit Hall, and the Union Church, and
to show y'all the activity that we've been having out there.
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I didn't include the September one primarily because I
thought we would start it with this fiscal year. So, I plan
on doing that monthly or semimonthly when I do my report.
And here at the courthouse, we have several issues going
right now. We're trying to set a time to start laying the
flooring in the basement area. We got early voting
completed, and I have a person that is planning on doing it,
but timing is -- is going to be of the essence, because we
have to stay off of it for approximately 24 hours once you
lay that tile. So, we're working on that. Within --
probably within two or three weeks, we'll see some progress
in that area. The -- we've had several little projects,
plus I guess you noticed the yard is starting to look a
little bit like Christmas. And that's taking some of our
time to -- to help coordinate getting that in places where
there's electrical and that sort of thing that currently is
on-site.
COMMISSIONER LETZ: Looks like they started a
little bit later this year.
MR. HOLEKAMP: But --
COMMISSIONER BALDWIN: I'm not going to say a
word.
MR. HOLEKAMP: They're -- the lighting thing,
the ceremony is this Saturday evening, so --
COMMISSIONER BALDWIN: This coming Saturday?
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MR. HOLEKAMP: Yes, sir.
COMMISSIONER BALDWIN: Is that when Santa
Claus comes?
MR. HOLEKAMP: Yes, sir.
COMMISSIONER WILLIAMS: He always comes to
Kerr County early. He stops here first.
DODGE TINLEY: He needs your list, Buster.
COMMISSIONER BALDWIN: I need to be invited,
is what I need to be.
COMMISSIONER WILLIAMS: You're invited.
MR. HOLEKAMP: So, you know, that is taking
up some of our time, and I'm not saying it's taking a whole
lot of our time, but it -- it does require some attention on
our part to get them support.
COMMISSIONER LETZ: I apologize for not
looking myself, but have we got all those old lights out of
the trees?
MR. HOLEK.AMP: Yes, sir. They were -- and
saying "all" is probably a stretch, but KPUB pretty much got
most of them out, and it's going to look completely
different this year, because there's a very minimal amount
that they put bark. So, I think we're all going to be kind
of surprised once we light this thing up Saturday evening as
to the lack of the lights in those trees, the big trees.
Which I don't have a problem with it either way. Less
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electrical demand is probably better for me. But courthouse
here, we're getting a little closer on it, getting those
done.
COMMISSIONER WILLIAMS: Question.
MR. HOLEKAMP: Yes? I'm sorry.
COMMISSIONER WILLIAMS: Just curious.
MR. HOLEKAMP: Uh-huh.
COMMISSIONER WILLIAMS: In the indoor arena,
there were eight events. In the Exhibit Hall, there were 13
events. How many of those events paid?
MR. HOLEKAMP: Okay. Team roping paid on the
indoor arena. 9-H does not. Goat sale did. Annual meeting
did in the Exhibit Hall.
COMMISSIONER WILLIAMS: Mm-hmm.
MR. HOLEKAMP: Annual meeting -- hog sale,
15th, yes. Freedom Fighters, yes. That's it. Law
Enforcement Awareness Day does not. Nether does the
vaccination clinic, county-wide vaccinations; that's Texas
Department of Health. Bond sales --
COMMISSIONER WILLIAMS: Vaccinations did?
MR. HOLEKAMP: No, they did not. That's a
Texas Department of Health thing.
COMMISSIONER WILLIAMS: Okay.
MR. HOLEKAMP: And then Union Church, let's
see. I think three of those did. One meeting was a paid
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meeting, and of course the bridal shower was, and the
wedding reception. But those other meetings are Historical
Commission meetings, so -- we list them because they give us
the dates that they need it.
COMMISSIONER WILLIAMS: Right. So, about
one-third of them paid.
MR. HOLEKAMP: I'd say yes, this month. I
think in the month of November -- November, it's going to be
a little better as far as the rental versus the -- not as
many 4-H events, because they're doing validation and all of
that sort of thing, and they're using the back of the hog
barn and that sort of thing, and they're really not taking
up an event area.
COMMISSIONER WILLIAMS: Thank you.
COMMISSIONER NICHOLSON: I haven't heard any
concerns expressed in the last few weeks over the booking
process for facilities and -- you know, that whole big issue
we dealt with not long ago. Has the new guidelines and
policy had a positive effect on all that?
MR. HOLEKAMP: Positive on our standpoint,
yes. Positive on the -- on the people using it, I haven't
heard anythinq really negative. They -- they say, "Oh, you
mean..." -- you know, it's, "Interpret this for me." But it
has not been negative at all, that I'm aware of. I think
that there's been some concerns of the hours; we shut off
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the events at midnight. I think that was one of the things
that we did, which I like. But I'm -- some of these party
type things, they would like to go a little longer. And we
just explain to them, "The policy says midnight, so that's
what it'll be. Take it or leave it."
COMMISSIONER NICHOLSON: That's good.
JUDGE TINLEY: Thank you, sir. We appreciate
it.
MR. HOLEKAMP: All right. Thank you.
JUDGE TINLEY: Mr. Alford, Collections.
MR. ALFORD: So far for 2009-'O5, we're at
$608,000. That's what we've been collecting, which is a
hundred and some-odd thousand dollars above '03-'04. We
should still be able to collect another hundred to $150,000
out of the 'O5 year. Our percentages are up 2 to 3 percent
here, 5 percent there, even the same. One of the big things
we're working on right now is kind of streamlining our
credit card payments to make it easier on the defendants to
be able to go online and pay, along with some new
instructions. We're also working with the Probation
Department on an item that may turn money quicker, where we
can look at getting some money within 30 days. That
hopefully would help overall. Besides that, we're just kind
of status-quo.
COMMISSIONER NICHOLSON: This is probably a
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dumb question; just thought of it.
companies charge us?
MR. ALFORD: Nothing
defendant.
What do the credit card
It goes back to the
COMMISSIONER NICHOLSON: That can be a real
big expense.
MR. ALFORD: No, I think we're the only
department in the county that does -- that goes back to the
defendant. It doesn't cost us a dime.
COMMISSIONER NICHOLSON: Good.
COMMISSIONER BALDWIN: Did you go to school?
MR. ALFORD: That's -- yes, sir. That's
where some of these ideas came from.
COMMISSIONER BALDWIN: Was it a good school?
Did you benefit from it?
MR. ALFORD: Yes, sir, I feel like I
benefited from it, but we'll know long-term. It's too
short-term to respond, but we came back with some good ideas
that I think that they're doing statewide that we're looking
at right now. And that's what -- as a matter of fact,
that's what brought up both these -- the credit card and the
probation deal.
COMMISSIONER BALDWIN: Super.
MR. ALFORD: So --
DODGE TINLEY: Thank you, sir.
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MR. ALFORD: Thank you.
JUDGE TINLEY: We appreciate it. I suppose
we probably need the Auditor's representative in here, don't
we?
COMMISSIONER WILLIAMS: I guess.
MR. ALFORD: The Auditor?
SHERIFF HIERHOLZER: The Sheriff is the
Auditor's representative?
MR. ALFORD: I'll get somebody.
JUDGE TINLEY: Okay, thank you.
SHERIFF HIERHOLZER: On the subject we talked
about earlier, I want y'all to know that I did call that
agency, and on mine, myself, nothing at all has been
reported for that year, up to and including today. And I
would still reiterate that I think my recommendation needs
to be done, because it has not been straightened out as of
today by that agency, and all the employees are going to be
that way.
JUDGE TINLEY: Thank you, sir
COMMISSIONER BALDWIN: Judge, while we're
waiting for her, can I bring up -- oh, no, we got a report.
COMMISSIONER LETZ: Who are you waiting on?
JUDGE TINLEY: Not waiting on anybody.
COMMISSIONER BALDWIN: There she is.
JUDGE TINLEY: We're down to the approval
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agenda, 4.1, payment of the bills. Ms. Mindy.
COMMISSIONER LETZ: Congratulations, Interim
Auditor.
MS. WILLIAMS: Thank you. It's either
congratulations or condolences.
COMMISSIONER BALDWIN: I move we pay the
bills.
COMMISSIONER WILLIAMS: Second.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded to
pay bills. Any question or discussion? Page 3, just as a
matter of information, I'm sure everybody saw that $7,000
payment to a psychiatrist. That's cheaper than a $150,000
special trial, I guess.
COMMISSIONER WILLIAMS: In lieu of the trial?
JUDGE TINLEY: Yeah.
COMMISSIONER WILLIAMS: That's good.
JUDGE TINLEY: Only other question I have
relates to an item that was -- it was a duplicate shown with
the Crime Victims Coordinator's office.
COMMISSIONER WILLIAMS: What page?
JUDGE TINLEY: And --
COMMISSIONER WILLIAMS: Page 4?
JUDGE TINLEY: Yeah, there it is. That
67.03, there was a like charge of actually 67.02 in the
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County Attorney's. Did they just split it?
MS. WILLIAMS: It was split, yes.
JUDGE TINLEY: You answered my question,
good. Thank you.
MS. WILLIAMS: Mm-hmm.
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 1.
MS. WILLIAMS: Okay. That's our office, of
course. We had a monitor that went out. It just so
happened that Mr. Trolinger had ordered some computers for
the District Clerk's Office, and at the same time had
accidentally ordered a monitor. We could use it; we needed
it, so we need to transfer the funds to pay for it.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 1. Any question
or discussion? All in favor of the motion, signify by
raising your right hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Budget
Amendment Request Number 2.
MS. WILLIAMS: There was $3,000 that was
budgeted in the County Clerk's Capital Outlay line item.
We've since found out that this amount of money was actually
budgeted for the lease on the microfiche machine. It's not
actually a capital outlay expenditure, so what we'd like to
do is move that money down to Lease Copier so that we can
pay these monthly bills as they come in.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 2. Any question
or discussion? All in favor of the motion, signify by
raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
DODGE TINLEY: Do we have any late bills?
MS. WILLIAMS: Yes, sir, but we also have --
I have a couple more budget amendments, so would you like to
tackle them first?
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JUDGE TINLEY: Yep.
MS. WILLIAMS: If you'd hand one to Cheryl
and make it all the way around to Kathy.
COMMISSIONER NICHOLSON: Wow.
JUDGE TINLEY: Oh, yes.
COMMISSIONER WILLIAMS: Holy moly.
JUDGE TINLEY: Oh, yes. Budget Amendment
Request Number 3.
MS. WILLIAMS: I had two extra copies.
COMMISSIONER WILLIAMS: This is a course in
economics.
MS. WILLIAMS: Oh, it's going to be fun
explaining it.
JUDGE TINLEY: I think if you explain the
concept and just tell me you prorated it, we'll be all
right.
MS. WILLIAMS: Okay. Basically, what I did
is, we got the policies in from TAC. The second sheet is a
breakdown of the auto policies, et cetera, et cetera. I
went through and broke out for the departments like the
jail, the courthouse, et cetera, how much on each of those
policies was to be charged against their budget. I -- as
you can see, there are a number of departments that were
short. We didn't budget enough money because we didn't know
the policies were going to go up that much. So, what this
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budget amendment will do is allow us to move moneys out of
line items that have ample surplus over where we need it so
that we can set these invoices up for TAC to be paid on the
28th. They're actually due on the 26th of November, but I
don't think they'll quibble about a couple of days.
COMMISSIONER BALDWIN: So, we're taking it
from the red and giving it to the black?
MS. WILLIAMS: Yes, sir. And I spoke with
all three constables. They're okay with us taking the $30
out of their Miscellaneous. I spoke with the Sheriff this
morning and showed him what we needed to do on his, and I
spoke with Mr. Holekamp about the courthouse shortage.
COMMISSIONER WILLIAMS: The big one is the
$11,000 one on property liability, Mindy.
MS. WILLIAMS: Yes, sir.
COMMISSIONER WILLIAMS: Where are you
reconciling that?
MS. WILLIAMS: That's a separate budget
amendment.
COMMISSIONER WILLIAMS: Oh.
MS. WILLIAMS: We decided we could go ahead
and do these, because we know where we can move the moneys
from for these shortages. The one for the detention
facility, I'm going to need the Court to help me decide
where we want to move money from.
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JUDGE TINLEY: This particular one deals with
all of those increased insurance costs, with the exception
of the Juvenile Detention Facility?
MS. WILLIAMS: Yes, sir, right.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: Move approval.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 3. Any question
or discussion? All in favor of the motion, signify by
raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
MS. WILLIAMS: Okay. Now, this Budget
Amendment Number 4 deals with the Juvenile Detention
Facility.
COMMISSIONER BALDWIN: Oh, no.
COMMISSIONER WILLIAMS: I'm having a hard
time getting your copy, Buster.
JUDGE TINLEY: I'd just as soon you not give
him one.
COMMISSIONER NICHOLSON: Just get him all
stirred up again.
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MS. WILLIAMS: Okay. Basically, the property
coverage, I believe, is the one that pushed us over the
limit, and the Judge and I talked about this the other day.
I believe what it was, the new building fell under a certain
kind of --
JUDGE TINLEY: Builder's risk.
MS. WILLIAMS: -- builder's risk at the time.
And I don't believe that, maybe, that was taken into
consideration when the budget was done for this year. So,
we are looking at a shortage of over $11,000 being able to
pay that one policy. Now, there are a couple of line items,
but it's in the general fund, where we might be able to pull
moneys from in order to cover this shortage.
COMMISSIONER BALDWIN: Give us a hint where.
COMMISSIONER LETZ: Before we go to the
general fund, hasn't there been some delays in hiring or
keeping from hiring of employees in the juvenile facility?
I thought there was some difficulties that Ms. Harris
reported of getting 100 percent staff she needed out there
when we did the --
MS. WILLIAMS: For the T.Y.C. kids?
COMMISSIONER LETZ: The T.Y.C. kids.
COMMISSIONER WILLIAMS: She was, and she cut
back the number of kids she took. She cut back the number
of kids.
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COMMISSIONER LETZ: I just think maybe
there's some unused funds there somewhere.
MS. WILLIAMS: When I spoke with Ms. Harris
the other day regarding this budget amendment, she told me
there was no surplus in her budget; it's a bare-bones
budget.
COMMISSIONER LETZ: I mean, I agree. I mean,
I understand that, but I'm just -- like, Rusty frequently
ends up with a slush fund in his jailers salaries, or some
salaries.
SHERIFF HIERHOLZER.: A slush fund? I think
you're fixing to get a budget amendment concerning that.
COMMISSIONER LETZ: Okay. What's your idea
in general fund?
MS. WILLIAMS: Well, there is $10,000 in the
Nondepartmental Contingency line item. It has not been
touched. There is also probably a surplus of about $2,000
in Commissioners Court Professional Services that we might
be able to tap. There is maybe a small amount in the
Nondepartmental Employee Auto Insurance line item. I really
wouldn't want to touch that one yet, but that's a
possibility. The other thing I was wondering is, if we took
the money out of a part-time salary line item in the
Juvenile Detention Facility now, there's a possibility we
may have to come back later on and amend that line item and
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go up. Would you rather do it that way, or would you rather
move the money out of Fund 10?
COMMISSIONER BALDWIN: I'm a Fund 10 type of
guy. Contingency. What does that mean? I don't know about
professional services. There is 2,000, did you say?
MS. WILLIAMS: Roughly 2,000. I think we
have moneys budgeted in there for the insurance consultant.
COMMISSIONER LETZ: Consultant.
COMMISSIONER WILLIAMS: Professional
Services, you got money budgeted for the Center Point sewer.
MS. WILLIAMS: I believe there's $14,500
budgeted there, and I believe his services are, like, 12,500
annually.
JUDGE TINLEY: What about the survey item?
Didn't we talk about that one, that there may be some excess
there?
MS. WILLIAMS: I think we did.
COMMISSIONER BALDWIN: At Road and Bridge?
JUDGE TINLEY: I actually think it's in
Commissioners Court budget, Nondepartmental.
COMMISSIONER BALDWIN: You're right.
JUDGE TINLEY: Commissioners Court, I think.
COMMISSIONER BALDWIN: Commissioners Court.
MS. WILLIAMS: Survey Services, there's
$3,500. It's under Commissioners Court.
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JUDGE TINLEY: How much did we spend last
year? Do you show that?
COMMISSIONER WILLIAMS: Nothing.
MS. WILLIAMS: Last year, nothing.
COMMISSIONER LETZ: I think Leonard put it
under a different project.
MS. WILLIAMS: May have been in Road and
Bridge's budget last year.
COMMISSIONER LETZ: I approved two invoices
that were for work on Lane Valley in that area.
MS. WILLIAMS: It came out of Fund 15, then,
I would guess at this point. 'Cause this shows that there
was nothing spent out of this line item last year.
COMMISSIONER LETZ: There's 3,000, I think.
COMMISSIONER NICHOLSON: Judge, earlier you
commented about a psychological services expense, and I
thought I heard you say it saved us a special trial. Did we
anticipate there's a lot of money there?
COMMISSIONER WILLIAMS: He was listening,
wasn't he?
JUDGE TINLEY: We can send Commissioner
Baldwin upstairs and talk to the gentleman, see if it would
be okay if we take it there.
COMMISSIONER BALDWIN: I like Contingency.
MS. WILLIAMS: There's only $10,000 budgeted
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this year in the 215th District Court for special trials.
COMMISSIONER NICHOLSON: Okay.
MS. WILLIAMS: But there's 30,000 budgeted in
the 198th.
COMMISSIONER NICHOLSON: I remember, we cut
that back.
JUDGE TINLEY: You need to talk to the other
one.
COMMISSIONER BALDWIN: I'm not talking to
anybody up there. I'm a Contingency guy.
COMMISSIONER LETZ: I don't mind Contingency,
but I just hate to take Contingency this year down to zero.
COMMISSIONER BALDWIN: Well, you can take
seven out of Contingency, and then there was two in the
Professional Services and there was something else.
JUDGE TINLEY: Survey.
MS. WILLIAMS: Survey Services.
COMMISSIONER BALDWIN: There's three in
Survey, wasn't it?
MS. WILLIAMS: 3,500.
COMMISSIONER BALDWIN: 3,500.
COMMISSIONER WILLIAMS: Isn't that
Professional Services encumbered?
COMMISSIONER NICHOLSON: Is that our
insurance --
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MS. WILLIAMS: Well, if it's supposed to be,
it's too late. Today is our last day for encumbering
anything in the last year's budget. Mr. Looney hasn't
billed us, so --
COMMISSIONER WILLIAMS: No, I'm talking about
for Professional Services for work being done on the Center
Point sewer system application. We incorporated $5,000 with
last year --
COMMISSIONER BALDWIN: He's not talking about
encumbering back to last year. He's talking about the
last --
MS. WILLIAMS: From last year to this year?
COMMISSIONER WILLIAMS: It was encumbered
last year.
COMMISSIONER BALDWIN: From now on.
COMMISSIONER WILLIAMS: And the expense moves
on.
COMMISSIONER BALDWIN: You are -- in which
budget? Which department? Which budget and which
department?
COMMISSIONER WILLIAMS: It was Professional
Services, I'm pretty sure.
COMMISSIONER LETZ: If it was encumbered last
year, we're looking at this year's budget.
MS. WILLIAMS: If what you're asking was the
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181
money that was budgeted last year for professional services,
if it was not used, it was -- it will be rolled over into
the fund balance.
COMMISSIONER WILLIAMS: You answered my
question, thank you.
MS. WILLIAMS: Right. Which will be used to
fund this year's budget.
COMMISSIONER WILLIAMS: Thank you.
JUDGE TINLEY: So your suggestion,
Commissioner, is 7,000 out of Contingency, two out of
Professional --
MS. WILLIAMS: And the balance --
JUDGE TINLEY: -- and the balance out of
Survey?
COMMISSIONER BALDWIN: Well, that covers it.
JUDGE TINLEY: Yeah.
COMMISSIONER BALDWIN: No. No, you're right.
Yeah, mm-hmm. Seven, two, and balance.
COMMISSIONER LETZ: Right.
COMMISSIONER BALDWIN: That would be about
2,000 out of Survey.
COMMISSIONER WILLIAMS
COMMISSIONER BALDWIN:
COMMISSIONER WILLIAMS
me to write this down, aren't you?
Make a motion.
No.
You're going to force
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COMMISSIONER BALDWIN: No, I just --
MS. WILLIAMS: Would you like me to give you
the line item numbers and the amounts?
COMMISSIONER WILLIAMS: Yes.
MS. WILLIAMS: Okay. Out of Professional
Services, which is line item 10-401-485, we'll move $2,000.
Out of line item 10-409-571, Contingency, we'll move $7,000.
And out of line item 10-409-500, (sic) we'll move the
balance of $2,355.70.
COMMISSIONER WILLIAMS: 2,365?
MS. WILLIAMS: 2,355.70.
COMMISSIONER WILLIAMS: I so move.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 9 as indicated.
Any question or discussion?
COMMISSIONER BALDWIN: I'm going to vote for
it. The only reason is this is an oversight in the budget
process.
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.)
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JUDGE TINLEY': The motion does carry. Is
that it for budget amendments?
MS. WILLIAMS: No, sir. This one involves
Indigent Health Care claims that we have had for the last
couple of weeks. We just haven't been able to pay them
because tax moneys have not come in, but we're pushing the
envelope on holding them any longer. So, what I was going
to ask the Court to let us do is transfer this money out of
the general fund into the Indigent Health Care account where
we can pay the bills, and then later down the road, when the
tax revenues start coming in and it builds up enough of a
surplus in there, we can transfer the money back over to the
general fund during this budget year.
COMMISSIONER BALDWIN: From reserves?
MS. WILLIAMS: Yes, sir.
COMMISSIONER BALDWIN: So, we're talking
about declaring an emergency here.
MS. WILLIAMS: Yes. The other option is we
don't pay these bills, and our providers are -- are going to
really get upset with us.
COMMISSIONER BALDWIN: Sounds like an
emergency to me. I -- I agree with that. I move for
approval.
COMMISSIONER WILLIAMS: Declare an emergency?
COMMISSIONER BALDWIN: And I -- that means I
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trust you.
MS. WILLIAMS: Thank you.
COMMISSIONER BALDWIN: To put that money
back.
MS. WILLIAMS: We will.
COMMISSIONER BALDWIN: I know you will. I
know that.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: I have a motion and second for
approval of Budget Amendment Request Number 5. Any question
or comment? That includes declaring an emergency?
COMMISSIONER BALDWIN: Correct.
JUDGE TINLEY: 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. Tell
me that's the last of the budget amendments.
MS. WILLIAMS: No, I have one more budget
amendment, but I also have a late bill that goes
hand-in-hand with the budget amendment we just did. There
is enough money in the Indigent Health Care account at the
present time to be able to pay this late bill that we
received from the hospital, actually, Thursday afternoon.
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It's to pay for the Indigent Health Care Coordinator's
salary for September, which would be encumbered back to last
year's budget. And it is only $356.85, reason being the
young lady that was in that position quit the middle of the
month, middle of September. They didn't replace her until
October 1st, so they only billed us for two weeks.
COMMISSIONER NICHOLSON: Move to approve.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval of budget amendment --
MS. WILLIAMS: Late bill.
JUDGE TINLEY: This is a late bill?
MS. WILLIAMS: Yes, sir.
JUDGE TINLEY: And hand check?
MS. WILLIAMS: Correct.
JUDGE TINLEY: To Sid Peterson Memorial
Hospital for $356.85.
COMMISSIONER BALDWIN: And there is money in
the Indigent Health Care to pay?
MS. WILLIAMS: Right. At the present time,
after we paid the bills that were on the fund requirements
report today, there was $774.82 left in the cash account.
After we pay this late bill, there will be $417.97. I took
that balance into consideration when I prepared Budget
Amendment Number 5. I only requested the money that we
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needed between the claims that we had pending and what we
had in the account.
COMMISSIONER BALDWIN: Okay.
(Low-voice discussion off the record.)
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.
MS. WILLIAMS: Now, sir, one more. Number --
COMMISSIONER WILLIAMS: You've used up your
time.
COMMISSIONER NICHOLSON: This new auditor is
causing us a lot of problems.
COMMISSIONER WILLIAMS: You used your time up
about $11,000 ago.
MS. WILLIAMS: Oh, okay. This is -- this is
for the Sheriff, anyway.
COMMISSIONER WILLIAMS: Oh, that's another
reason.
JUDGE TINLEY
line through it. Okay.
MS. WILLIAMS
Solved that problem. Draw a
Okay.
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JUDGE TINLEY: The rubber room?
MS. WILLIAMS: The rubber room, yeah. Rusty
came in this morning and said that he needed to do a budget
amendment for the repairs on the padded cell out at the
facility. What -- what we agreed to is, we will move the
money out of his Jailer Salaries line item and move it into
the Jail Maintenance budget in Fund 10, into Jail Repairs so
that we can pay this at our next Commissioners Court
meeting.
COMMISSIONER BALDWIN: What's wrong? What
did you repair?
SHERIFF HIERHOLZER: The padded cell, itself.
In fact, the person that did it should have been indicted
this morning. That's a real hard -- hard rubber; you know,
it's totally padded. But when you get a -- a defendant in
there that's totally violent and out of control, what we had
happen is he started biting chunks out of the walls at the
corner, and he bit them enough to where he got down to the
base where all the wood and the main stuff is, and where he
could actually grab hold of them, and he literally ripped
sheets of that padding out. And there are very few places
that can repair that, and we had to call them in to get it
repaired.
COMMISSIONER LETZ: I move approval.
COMMISSIONER BALDWIN: Ser_ond.
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JUDGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 6. This comes
out of your slush fund; is that correct, Sheriff?
SHERIFF HIERHOLZER: Well, as Jonathan likes
-- what I'm trying to do, we didn't have it in our budget to
pay for something like this. Glenn's maintenance budget I
don't feel should have to pay for this type of damage, or,
you know, that he could anticipate it in preparing his
budget for -- for maintenance. And I did have three jail
positions that are just now getting filled, so it left me
three positions up until this point in this year's budget,
and to keep it from actually coming out of Glenn's
maintenance, that big a hit this soon in the year, I felt it
would be better just to go ahead and take it out of that
salary "slush" fund, as Jonathan wants to call it.
JUDGE TINLEY: Any questions?
COMMISSIONER BALDWIN: Was the guy indicted
on -- related to this?
SHERIFF HIERHOLZER: He should have been
indicted today.
COMMISSIONER BALDWIN: Related to this?
SHERIFF HIERHOLZER: Yes.
COMMISSIONER BALDWIN: Destroying county
property?
SHERIFF HIERHOLZER: Yes. It would be a
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felony criminal mischief charge for -- and he will be --
once he goes to court, if he's found guilty in it, at that
point he could be ordered to pay restitution to Kerr County
in the amount of this damage, and we'll see if we can
collect it back.
COMMISSIONER BALDWIN: Cool.
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.)
JODGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry.
MS. WILLIAMS: I'm through.
COMMISSIONER NICHOLSON: One question, Mindy.
MS. WILLIAMS: Sure.
COMMISSIONER NICHOLSON: We talked some time
ago about -- about paying the $375 building permit fee to
the City of Kerrville.
MS. WILLIAMS: Yes, we did. What happened?
COMMISSIONER NICHOLSON: I thought I sent you
a letter, but I probably didn't. Anyhow, I need to get that
on a future Commissioners Court meeting.
MS. WILLIAMS: Right, yes, sir. If you --
did you actually have to pay it to the City?
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COMMISSIONER NICHOLSON: It hasn't been paid
yet.
MS. WILLIAMS: Okay. If you can get them to
give you any paperwork as to what it's going to be and you
can get it to us by Wednesday -- this Wednesday, we can get
it on for the 28th of November.
COMMISSIONER NICHOLSON: Okay.
MS. WILLIAMS: That will be our next court
date.
COMMISSIONER NICHOLSON: Thank you.
MS. WILLIAMS: You're welcome.
COMMISSIONER BALDWIN: Mindy? Judge, I have
one question regarding one of the reports.
MS. WILLIAMS: Oh.
COMMISSIONER BALDWIN: May I?
JUDGE TINLEY: Sure.
COMMISSIONER BALDWIN: The Juvenile Detention
Facility. I see the expenditures and the revenue numbers
there, and they -- Page 2, they do add up from the moneys
that we received from other counties, as far as revenue is
concerned. Same -- same numbers. But on the county list,
it says September, and on the reporting list, it says
October. Can you help me just understand that?
MS. WILLIAMS: Yes. That second page that
you have there is actually misnamed. It is October's
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billing. It's 157,000-plus.
COMMISSIONER BALDWIN: Good.
MS. WILLIAMS: Yes.
COMMISSIONER BALDWIN: Good. I like things
to keep me confused like that. This is good stuff.
MS. WILLIAMS: Stick around.
COMMISSIONER BALDWIN: Thank you.
MS. WILLIAMS: You're welcome.
JUDGE TINLEY: I have -- I have monthly
reports from the Sheriff, Justice of the Peace Precinct 2,
Justice of the Pea~~e Precinct 3, Justice of the Peace
Precinct 4, County Clerk, and Justice of the Peace Precinct
Number 1. Do I hear a motion that these reports be approved
as submitted?
COMMISSIONEP. WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval as submitted. Any question or discussion? All in
favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: Did you vote, Commissioner?
COMMISSIONER NICHOLSON: Yes.
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Do I have
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any reports	from any Commissioners on	their committee
liaison or	otherwise?			
	COMMISSIONER	BALDWIN:	I've got a	question
about -- I	had in my little	calendar	book that is	soon to
run out --	Union State Bank,	cute lit	tle thing --	that on
Thursday, w	e have a Commissi	oners Cou	rt meeting t	o canvass
votes. Is	that true, or is	that not	true?	
	MS. PIEPER:	No, that	is going to	be Friday
at 9 a.m.
COMMISSIONER BALDWIN: Friday at 9 a.m. We
have a meeting Friday at 9 a.m. to canvass votes.
COMMISSIONER WILLIAMS: I'm glad somebody
told us.
COMMISSIONER BALDWIN: All I wanted to say.
JUDGE TINLEY: Thank you, sir.
COMMISSIONER BALDWIN: I'm telling you, it's
kind of like being invited to the Santa Claus out here. I'm
glad I was here today; I'd have never known about it.
COMMISSIONER WILLIAMS: Friday at 9 o'clock.
COMMISSIONER BALDWIN: Friday at 9 o'clock.
JUDGE TINLEY: Anybody else have any reports?
COMMISSIONER NICHOLSON: Real quick. Are we
nonexempt?
JUDGE TINLEY: (Nodded.) Probation officers
who are going to be testifying in the detention hearings are
11-19 ]5
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not, though.
COMMISSIONER NICHOLSON: I'm through. I
reported earlier that the work with -- between the Mountain
Home Fire Department and the ESD was going well, and it is.
I'm encouraged about that. I was out at the Animal Control
facility, and the contractor wasn't there; he had gone to
lunch. But work is under way, and he had the foundations
dug. And because he wasn't there, I couldn't get a copy of
the permit. He had it in his truck with him, but I'll get
that and I'll report back to you.
COMMISSIONER LETZ: All right.
JUDGE TINLEY: Do we have any reports from
elected officials? Anything further? We stand adjourned.
(Commissioners Court adjourned at 4:29 p.m.)
ii-i~ os
199
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STATE OF TEXAS
COUNTY OF KERB
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 21st day of November,
2005.
JANNETT PIEPER, Kerr County Clerk
BY: _____ _~__N~ __
Kathy nik, Deputy County Clerk
Certified Shorthand Reporter
ii-ia-os
ORDER NO. 29454
RESOLUTION AUTHORIZING KERB COUNTY TO REAPPLY TO THE
TEXAS WATER DEVELOPMENT BOARD REGARDING GRANT TO
PLAN FOR A WASTEWATER COLLECTION SYSTEM FOR
COMMUNITY OF CENTER POINT
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Baldwin. The
Court unanimously approved by vote of 4-0-0 to:
Adopt the Resolution authorizing Kerr County to reapply to the Texas Water
Development Board for a grant funding planning and engineering for a
Wastewater Collection System for the Community of Center Point.
ORDER NO.29455
AUTHORIZE A MEMORANDUM OF UNDERSTANDING BETWEEN
KERB COUNTY AND OWNERS OF 219 AND 221 SH 480, CENTER
POINT, TO CONSTRUCT SKATEBOARD FACILITY
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Give conditional approval, based on the factors noted,
Memorandum of Understanding between Kerr County
property at 219 and 221 SH 480 (San Antonio Street),
construct a skateboard facility at the Kerr County Park
Guadalupe River at Skyline Drive.
to authorize a
and owners of
Center Point, to
located on the
ORDER NO. 29456
DECLARE WEEK OF NOVEMBER 20-26, 2005, EMPLOYER SUPPORT
OF THE GUARD AND RESERVE WEEK AND ISSUE
PROCLAMATION
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Adopt Proclamation, and adoption of November 20-26, 2005, as
NATIONAL EMPLOYER SUPPORT OF THE GUARD AND RESERVE
WEEK in Kerr County.
ORDER NO. 29457
DISCUSS OPENING SWEEP ACCOUNTS AT SECURITY STATE
BANK
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Letz, seconded by Commissioner Nicholson. The Court
unanimously approved by vote of 4-0-0 to:
Approve opening of sweep accounts at Security State Bank and transferring
all of the accounts under the Treasurer's Department to sweep accounts--or
not transferring to; opening sweep accounts under all those accounts that are
under the Treasurer's.
ORDER NO. 29458
REVIEW AND REVISE "COOK" JOB DESCRIPTION TO "KITCHEN
MANAGER" JOB DESCRIPTION AT KERB COUNTY JUVENILE
DETENTION FACILITY
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 3-1-0 to:
Approve the request to revise one (1) "cook" job description to "Kitchen
Manager" job description with pay grade and step assignment reflective of
job description and work duties, that being a Grade 15/Step 1, contingent
upon the Treasurer looking at it from a personnel standpoint to make sure
that it fits a 15-1 from the standpoint of duties.
Voted in favor by Commissioners Williams, Letz and Nicholson.
Voted against by Commissioners Baldwin.
ORDER NO.29459
AUTHORIZE COURT ORDER TO EXTEND THE TCDRS 900 HOUR
RULE
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Letz, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve the extension of the TCDRS 900 hour rule to January 1, 2007, for
part-time employees.
ORDER NO.29460
APPROVE ROAD NAME CHANGES FOR PRIVATELY
MAINTAINED ROADS
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Nicholson, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Approve name changes as indicated, to establish Pawnee Path and White
Pearl as road names, in accordance with 911 guidelines:
1. Kuhn Dr SW to Dakota Hills Rd SW
2. Dakota Hills to Pawnee Path (This change was made since the
Item was put on the Agenda)
3. None to White Pearl Rd SW
ORDER NO.29461
SET PUBLIC HEARING FOR REGULATORY SIGNS IN VARIOUS
LOCATIONS IN KERR COUNTY
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Set Public Hearing for January 9, 2006, at 10:00 a.m. with respect to the
items listed, and as added to, as provided by Road and Bridge Department.
1.
2.
3.
4.
5.
6.
Peterson Farm Road -set speed limit at 35 mph
Hermann Sons -set speed limit at 45 mph
Lane Valley -set speed limit at 55 mph
George Muck -Stop to Loyal Valley
At Maryland & Greenwood -change yield sign to stop sign
At Lane Valley -change the speed limit to 45.
__ ORDER NO. 29462
OPEN BIDS FOR ELECTRICAL, PLUMBING, HVAC AND PEST
CONTROL
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Nicholson, seconded by Commissioner Baldwin. The
Court unanimously approved by vote of 4-0-0 to:
Accept all bids as submitted and referral to the Maintenance and Facilities
Director for review, evaluation and making recommendation:
1. Starkey Pest Control
2. D W Electric Company on electrical repair work
3. Hardin Air conditioning, Heating & Cooling for HVAC work
4. Comptons of Kerrville, Inc. for HVAC
5. Trademark for HVAC
6. Whelan Plumbing for plumbing work
7. Hill Country Pest Control for pest control services
8. Terminix for pest control services
ORDER NO. 29463
FINAL PLAT OF HEAVENLY ACRES, PRECINCT 4
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Nicholson, seconded by Commissioner Baldwin. The
Court unanimously approved by vote of 4-0-0 to:
Approve the final plat of Heavenly Acres in Precinct 4.
ORDER NO.29464
FINAL REVISION OF PLAT FOR LOTS 34-37 OF THE RESERVE
AT FALLING WATER, PCT. 3
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Letz, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve the final revision of the plat for lots 34-37 of The Reserve at
Falling Water, Pct. 3.
ORDER NO. 29465
APPOINTMENT TO ALAMO SENIOR ADVISORY COMMITTEE
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Baldwin. The
Court unanimously approved by vote of 4-0-0 to:
Appoint Robert L. Weinberg as the Kerr County Representative to the
Alamo Senior Advisory Committee.
ORDER NO. 29466
AUTHORIZE LETTER TO SUPPORT KERB ECONOMIC
DEVELOPMENT FOUNDATION TO ASSIST BA PRODUCTS, INC. TO
EXPAND AND REMAIN IN KERR COUNTY
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Nicholson. The
Court unanimously approved by vote of 4-0-0 to:
Authorize letter of support for the strategy development by the Kerr
Economic Development Foundation to assist BA Products, Inc. to expand its
facilities and remain in Kerr County.
ORDER NO. 29467
RECEIVE GIFT FROM MRS. ROYCE STONE - 1927 LAMP -AND
DISCUSS INSTALLATION OF SAME
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Baldwin, seconded by Commissioner Williams. The
Court unanimously approved by vote of 4-0-0 to:
Accept the gift of the 1927 Lamp from Mrs. Royce Stone and ask the
Maintenance Department to help us get it cleaned up and wired up and
hooked up and hung up.
ORDER NO. 29468
REVIEW INTERLOCAL AGREEMENT WITH KENDALL COUNTY
CONCERNING GOVERNMENT TRAPPER CONTRACT
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Letz, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve Interlocal Agreement with Kendall County concerning Government
Trapper Contract, subject to the County Attorney reviewing and approving
the Interlocal Agreement when it comes.
ORDER NO.29469
TAKE ACTION ON EMPLOYEE'S COMPLAINT AGAINST MUTUAL
OF OMAHA'S ENROLLMENT AND CONSIDER REFUND OF
INSURANCE PREMIUMS BACK TO JANUARY, 2005
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Nicholson, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Reimburse our employee, Heather M. Patton, $647.21 that has been paid for
dependent health care insurance.
ORDER NO.29470
CLAIMS AND ACCOUNTS
Came to be heard this the 14th day of November, 2005, came to be
considered by the Court various Commissioners Precincts, which said
Claims and Accounts are:
Accounts Expense
10-General	$	202,010.85
14-Fire Protection	$	20,833.32
15-Road & Bridge	$	52,085.02
18-County Law Library	$	3,287.93
19-Public Library	$	25,000.00
21-Title IV-E	$	2,631 60
50-Indigent Health Care	$	18,205.24
76-Juvenile Detention Facility	$	12,824.66
Total
$ 336,878.62
Upon motion made by Commissioner Baldwin, seconded by Commissioner
Nicholson, the Court unanimously approved by vote of 4-0-0 to pay the
claims and accounts.
ORDER NO. 29471
BUDGET AMENDMENT
COUNTY AUDITOR
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Baldwin, seconded by Commissioner Letz, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Expense Code Description
10-495-569 Operating Equipment
10-495-485 Conferences
Amendment
Increase/QDecrease
+ $174.38
- ($174.38)
ORDER NO. 29472
BUDGET AMENDMENT
COUNTY CLERK
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Baldwin, seconded by Commissioner Letz, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Amendment
Expense Code Description Increase/()Decrease
10-403-570 Capital Outlay - ($3,000.00)
10-403-461 Lease Copier + $3,000.00
ORDER NO. 29473
BUDGET AMENDMENT
NON-DEPARTMENTAL; MAINTENANCE DEPARTMENT; COUNTY JAIL; SHERIFF'S
DEPARTMENT; CONSTABLE PCT. 1; CONSTABLE PCT. 2; CONSTABLE PCT. 3;
YOUTH EXHIBITION CENTER
Came to be heard this the 14th day of November, 2005, with a motion made by Commissioner
Letz, seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-0
to transfer the following expense codes:
Expense			Amendment	Expense			Amendment
Code	Description		Increase/()Decrease	Code	Description		Increase/()Decrea
10-409-205	Insurance Liability	+	$927.84	10-510-480	Insurance	-	($38.00)
10-409-480	Property Insurance	-	{$927.84)	10-512-206	Ins-Bldg & Jail	-	($231.70}
10-510-480	Insurance	+	$38.00	10-551-480	Vehicle Ins	-	($30.00)
10-510-485	Conference Dues & Subs	-	($38.00)	10-552-480	Vehicle Ins	-	($30 00)
10-512-206	Insurance-Bldg & Jail	+	$231 70	10-553-480	Vehicle Ins	-	($30 00)
10-560-480	Vehicle Insurance	+	$654 00	10-560-480	Vehicle Ins	-	($654.00)
10-560-207	Insurance -Liability	-	($885.70}	10-570-481	Vehicle Ins	+	$403 00
"'0-551-480	Vehicle Insurance	+	$30.00	10-640-480	Vehicle Ins	+	$291 00
i0-551-499	Miscellaneous	-	($30.00)	10-642-480	Insurance	+	$9.00
10-552-480	Vehicle Insurance	+	$30.00	10-666-206	Ins on Ag Barn	-	($286.09)
10-552-499	Miscellaneous	-	($30 00)	15-611-480	Ins -Vehicle	+	$937 53
10-553-480	Vehicle Insurance	+	$30.00	76-572-205	Prop &Liab Ins	-	($11,355.70)
10-553-499	Miscellaneous	-	($30.00)	86-571-431	Vehicle Maint	+	$8,167.12
10-666-206	Insurance on Ag Barn	+	$286.09	87-571-431	Vehicle Maint	+	$2,238 11
10-666-499	Miscellaneous	-	($100.00)				
10-666-485	Conference Dues & Subs	-	($186.09)	10-560-207	Insurance -Liab	+	$5,788.00
10-409-205	Ins Liability	-	($927.84)	86-571-330	Oper Expenses	+	$29,902.51
10-409-480	Property Ins	+	$1,592.41				
Invoices
from TAC
Auto Liability
Auto Phys Damage
Property Coverage
Public Officials
Law Enforcement
General Liability
$25,162.00
$24,504.00
$51,641.00
$32,176.00
$102, 034.00
$23,408.00
TOTAL $258,925.00
ORDER NO. 29474
BUDGET AMENDMENT
JUVENILE DETENTION FACILITY
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Nicholson, the
Court unanimously approved by vote of 4-0-0 to transfer the following
expense codes:
Expense Code Description
76-572-205 Property & Liability Ins.
76-390-015 T.I.
10-700-015	T.O.
10-401-486	Professional Services
10-409-571	Contingency
10-401-500	Survey Services
Amendment
Increase/()Decrease
+ $11,355.70
+ $11,355.70
+ $11,355.70
- ($2,000.00}
- ($7,000 00}
_ ($2,355 70)
ORDER NO.29475
BUDGET AMENDMENT
INDIGENT HEALTH CARE
GENERAL FUND
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Baldwin, seconded by Commissioner Letz, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Expense Code Description
50-390-015 Transfer In
10-700-015 Transfer Out
10-390-015 Transferln
50-700-015 Transfer Out
Amendment
Increase/()Decrease
+ $59,711.24
+ $59,711,24**
*Transfer to Cash Account to cover claims processed for payment on 11/1;
11/2; 11/5 & 11/9/05.
**To cover reimbursement to Fund 10 once enough tax revenues are
received.
Declare Emergency.
ORDER NO. 29476
LATE BILL
ENC: 9'05 IHC COORD SALARY EXPENSE
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Nicholson, seconded by Commissioner Williams, the
Court unanimously approved by vote of 4-0-0 to issue a hand check in the
amount of $356.85 to Sid Peterson Memorial Hospital for 9'05 Indigent
Health Care Coordinator salary expense.
Expense Code Description
50-641-100 ENC: 9'05 IHC Coord salary exp
Amendment
Increase/()Decrease
+ $356.85
Postage (for mailing statements).
ORDER NO.29477
BUDGET AMENDMENT
COUNTY JAIL
JAIL MAINTENANCE
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Letz, seconded by Commissioner Baldwin, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Expense Code Description
10-512-104 Jailers Salaries
Amendment
Increase/()Decrease
- ($3,785.00)
10-511-451 Jail Repairs + $3,785.00
ORDER NO. 29478
MONTHLY REPORTS
Came to be heard this the 14th day of November, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Letz, the Court
unanimously approved by vote of 4-0-0 the following monthly reports:
J.P. #2
J.P. #3
J.P. #4
County Clerk
J.P. #1