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KERR COUNTY COMMISSIONERS COURT
Special Session
Tuesday, December 27, 2005
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
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PRESENT: PAT TINLEY, Kerr County Judge
H A."BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
DAVE NICHOLSON, Commissioner Pct. 4
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I N D E X
December 27, 2005
PAGE
--- Commissioners' Comments 5
1.2 Execution of written agreement authorizing
Special Prosecutor's Office to utilize office
space in County Attorney's Office, establish
value of leased space for in-kind match purposes 6
1.3 Consider/discuss, take appropriate action
approving rental fee for electronic voting
equipment as per Texas Election Code 123.032 7
1.1 Consider/discuss, take appropriate action to
award bids for stop loss insurance coverage for
2006 Employee Health Benefits Program, establish
premium rates for coverage under such program 25
1.4 Present annual report of Kerr County Historical
Commission 38
Consider/discuss, take appropriate action on
proposed conditional lease agreement with Hill
Country Mounted Peace Officers Association for
construction of multi-use facility 43
1.8 Consider/discuss, take appropriate action for
opening & awarding of sealed bids on two backhoes 49
1.6 Consider/discuss, take appropriate action
approving County Clerk to acquire office space
now occupied by Parole and Historical Commission
located in the lower level of the courthouse 50
1.7 Consider/discuss, take appropriate action on
implementing Burn Ban 63
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1.10 Consider/discuss, take appropriate action on final
plat approval for Neunhoffer Addition, Pct. 2 69
1.11 Consider/discuss, take appropriate action on
interlocal agreement with City of Kerrville
concerning subdivision platting jurisdiction
within the ETJ 71
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I N D E X (Continued)
December 27, 2005
1.12 Consider/discuss, take action to appoint four
persons to serve as members of Emergency Service
District #2 Board of Commissioners
1.15 Consider/discuss, take action on 2005-2006
Library budget
1.18 Consider/discuss, take appropriate action on
Addendum for 2006 Kerr County Market Days and
Kerr County Farmers Market usage license,
authorize County Judge to sign same
1.13 Consider/discuss, take appropriate action on
Kerr County's 150th Birthday Celebration on
January 26th
1.14 Consider/discuss, take action on construction
project at the Animal Control Facility
1.16 Consider/discuss, take appropriate action
on Field Agreement with U.S. Department of
Agriculture, funding for same
1.17 Consider/discuss, take appropriate action to
implement Alternative Dispute Resolution fee
for justice courts
1.19 Consider/discuss approval of resolution
expressing official intent to reimburse with
tax-exempt obligation proceeds costs incurred to
acquire computer hardware and software from The
Software Group, authorize County Judge to sign
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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4
On Tuesday, December 27, 2005, at 9:00 a.m., a special
meeting of the Kerr County Commissioners Court was held in the
Texas, and the following proceedings were had in open court:
P R O C E E D I N G S
Tuesday, December the 27th, 2005, at 9 a.m. It is that time
now. This is our last regularly scheduled meeting for the
calendar year 2005. Commissioner Nicholson, I believe it --
I'll defer to you this morning.
COMMISSIONER NICHOLSON: Will you join me in prayer
and then the pledge of allegiance, please?
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you. At this time, if there's
any member of the audience or the public that wishes to be
heard on a matter that is not a listed agenda item, feel free
to come forward at this time. If you wish to be heard on an
room. It's not essential that you do that; it just helps me
to not miss you when we get to that item, and I can make a
note so that I'm sure to recognize you when we get there. But
if there's any member of the public or the audience that
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wishes to be heard on any matter that is not a listed agenda
item, please feel free to come forward at this time. Seeing
no one coming forward, we'll move on. Commissioner Nicholson,
do you have anything for us this morning?
COMMISSIONER NICHOLSON: I do not have anything
specific, Judge. It was a good -- good Christmas in west Kerr
County, and seemed like lots of family around, and a good time
of celebration.
COMMISSIONER BALDWIN: Hear, hear.
JUDGE TINLEY: Commissioner 1?
COMMISSIONER BALDWIN: Yes, sir, I have one comment.
One of my Christmas gifts was a ticket to -- to the Alamo Bowl
Wednesday night, and I'm going to go down there with my
grandson. A great, super ticket to watch Michigan And
Nebraska, for some reason, and it'll be -- I mean, I'm going
to have to root for Nebraska, because of the Big 12. But, I
mean, I know y'all can't even conceive that idea. It's --
it's really difficult on me, so I pray -- I'd ask y'all to
pray for me during the week, and -- (Laughter.) Nevermind.
That's all, Judge. Thank you very much for the time.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: We're going to pray that you
don't fall out of the stands in your acts of enthusiasm.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER WILLIAMS: Just had a great Christmas
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with family, and safe journey to and from the great
megalopolis of the north, and it's good to be back. Wish
everybody else Merry Christmas and Happy New Year.
JUDGE TINLEY: Three?
COMMISSIONER LETZ: Same thing. Had a great
Christmas, ready to get things under way and get out of here
today.
JUDGE TINLEY: Good to see everybody here today. We
appreciate you being here. Let's move on with the agenda, if
we might. Let's go to Item Number 2, if we might. Execution
of written agreement authorizing Special Prosecutor's Office
to utilize office space in the County Attorney's office during
grant period, and establishing value of leased space for
purposes of in-kind match for Grant Number WF-OS-V30-17590-01.
Is that a long enough number?
COMMISSIONER BALDWIN: Are you serious?
MS. BAILEY: I believe so. Good morning,
Commissioners and Judge. This is really a housekeeping
matter. The County, as you know, is already providing office
space for the Special Prosecutor, which is my office. It's
grant-funded out of the governor's office. We just had a
grant review for the first quarter, and the reviewers said
that it was preferable that any kind of a grant like that we
have be in writing, and so what I've done is put in writing
what we're already doing, and then valuing the amount of
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square footage that I'm using, and then that becomes part of
the County's in-kind contribution to -- to my position fund.
And so we're just asking that you execute that to memorialize
what we've been doing since October anyway.
COMMISSIONER NICHOLSON: Move to approve.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the agenda item. Any question or discussion?
COMMISSIONER LETZ: That includes authorization for
you to sign, Judge, I believe.
JUDGE TINLEY: All right. As Ms. Bailey indicated,
this came up as a result of a review process on this grant and
one other grant that -- that we have in process. It's just a
matter of documenting the in-kind match, I believe.
MS. BAILEY: Yes, sir. You'll be receiving another
similar contract for the VOCA position as well.
JUDGE TINLEY: All right. Any further question or
discussion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's move
to Item Number 3; consider, discuss, and take appropriate
action approving rental fee for the electronic voting
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equipment as per the Texas Election Code, Section 123.032.
MS. PIEPER: Gentlemen, we're back at square one
again on this. I believe whenever I submitted this, I
submitted the cost of the election equipment to you. There's
really no easy way to figure out how to do it per entity,
unless y'all can come up with something. And Sheila was going
to be here.
MS. CRAIG: Brenda.
MS. PIEPER: Brenda, I'm sorry. Would you figure
out an easy way that the -- she's from the city, the clerk.
MS. CRAIG: Thank you.
COMMISSIONER WILLIAMS: She has a name. Brenda
Craig.
MS. CRAIG: Yes, thank you. Thank you, Bill. My
question is, I've just come to listen and see what y'all are
presenting to us, and then I can take that back to the City
Council, but I do have some questions. First of all, the cost
of the equipment and the funding, where the funding came from,
and maybe Jannett could better answer that.
MS. PIEPER: Funding came from a grant.
MS. CRAIG: Okay. All of it? Federal?
COMMISSIONER WILLIAMS: Federal moneys handed down
through the State of Texas, allocated all across the state to
every county for that purpose, for the HAVA purpose --
equipment purpose.
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MS. CRAIG: First of all, I want to recognize
Jannett for her efforts on behalf of all the local citizens to
secure a federal grant for that purchase of that electronic
voting equipment. That did take some effort on her part. I
don't know if y'all are aware of that, but she did work hard
on that grant.
MS. PIEPER: Thank you.
MS. CRAIG: And under a lease-rental plan, the
citizens of a city would be paying for the use of the
equipment five times, once through -- well, four times, if the
County is not paying. Or just the maintenance?
MS. PIEPER: Maintenance.
MS. CRAIG: Okay. So, the citizens of the city
would be payinq through a federal tax, a county tax,
Headwaters, because Headwaters also has elections county-wide,
school tax for all the school districts, and a city tax. And
citizens of cities and school districts county-wide would be
paying to rent the same equipment that they just paid to
purchase. And I just wanted to keep -- y'all to keep that in
mind, if you would, please.
COMMISSIONER BALDWIN: Are you speaking as a
taxpayer, or as a city employee?
MS. CRAIG: Either. Both.
COMMISSIONER BALDWIN: Neither?
MS. CRAIG: Either or both.
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COMMISSIONER BALDWIN: I see. Okay.
MS. CRAIG: Yeah. And if the County does charge a
rental fee, that fee should be equal to all entities, whether
it's a school district in Center Point or Divide or a city
such as Ingram or Kerrville. Since equipment was purchased
with tax dollars, in my opinion, it should be equal. And
that's all I have to say.
JUDGE TINLEY: Ms. Craig?
MS. CRAIG: Yes, sir?
JUDGE TINLEY: It's my understanding that Hart or
some arm of Hart is -- has got itself in the rental business
for the purpose of offering this equipment to political
subdivisions that hold elections, and I assume that they have
a published rate schedule, do they not?
MS. CRAIG: No, sir, not any more. And I thought
that they had, and they did the first year or two that they
made the equipment, but now they have to sell all that they
have. They may at some point in the future, but not for the
next couple years. They did when first -- early on, to try to
get people to use the equipment when all this HAVA first came
out, but they no longer have any equipment available. They
are -- do have a unit available that would meet the City of
Kerrville's needs, and also the City of Ingram's needs, for
$7,500. Now, that's full purchase. And --
COMMISSIONER WILLIAMS: I think this issue is a
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little different in that I think you have to examine the
issues. The current system is -- is paper ballots, a ballot
box and a secure -- or a place in which people can vote
confidentially, enclosed. We're talking about electronic
equipment now that has to be taken from the courthouse and
placed in locations, subject to damage, subject to breakage,
subject to malfunction, subject to theft. There are a lot of
different dynamics of this than there were previously in all
elections held up to this point. I don't think that in any
part -- the County's not looking to make money on this. We're
looking to make certain that we can cover the costs that will
be incurred to keep this equipment functioning and/or replace
it if it's broken or stolen. That's kind of the way I look at
it.
COMMISSIONER LETZ: I mean, let me add a little bit
to what Commissioner Williams said. I mean, my view is
certainly not trying to recoup the grant money. That's
ridiculous. We've got a federal grant, and that's -- that
benefits all the taxpayers of the county, whatever entity.
But there's going to be a replacement cost; it's going to have
to be borne by somebody, and I look at it as a -- and the
users of the equipment, I think, should, under some formula,
start building a reserve to replace this equipment when it
does break. And I'm not sure what the useful life of it is.
Maybe it's 10 years. You know, who knows what it is? Maybe
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it's five years. There also is a -- you know, some other
costs that can be attributed, and I don't -- you know, while
all of the entities also are county residents, I'm not so
sure, based on the way we do government overall, that the
County should pay all election costs regardless of the
elections. I think there ought to be some cost of that to the
entities that choose to use this system -- or this equipment.
MS. CRAIG: And I don't disagree with your
statement. In fact, I'm just getting information to take back
to City Council. I can't speak for the City Council. But you
are correct in that there may be some fees later on. I'm just
saying that whatever the fees are, that they be equal to all
entities.
COMMISSIONER LETZ: What we were looking at just --
MS. CRAIG: Like, Center Point may just need one
eSlate. City of Kerrville may need four, and so we ought to
all pay equally per --
COMMISSIONER LETZ: Per machine.
MS. CRAIG: Per equipment, right.
COMMISSIONER LETZ: We're looking at a per-machine
usage, probably, or a -- based on the number of units that are
going to be used, something like that, some sort of a fee
structure that's --
MS. CRAIG: And in regard to Mr. William's comments,
I spoke just this morning to the Gillespie County Clerk, and
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she said that they were in the process of working out an
agreement, for example, with the party primaries coming up in
March, where they would sign an agreement for any damages for
the equipment, and the State has set a fee for them at $5 per
piece of equipment.
COMMISSIONER NICHOLSON: I'm --
COMMISSIONER WILLIAMS: The agreement regarding
damages would mean that the user would pay the damage costs?
MS. CRAIG: Yes. And their County Attorney was
working up such an agreement to cover any accidents that may
happen.
COMMISSIONER NICHOLSON: I'm in agreement with what
I've heard Commissioner Williams and Commissioner Letz say. I
suspect the real issue is obsolescence. I think it's kind of
a novel approach to voting; probably that the life of it won't
be very long, and we'll be having to replace it and pay for
it, and we ought to collect enough between now and then to do
that. I do disagree with the concept that the various
government entities should pay the same. I don't think the
Divide school district, with 116 registered voters, should pay
the same that Ingram or Kerrville ISD paid.
MS. CRAIG: My comment to that would be the county
tax is the same for all citizens whether they live in Divide
or Center Point, and you don't charge your tax bases equally
to each -- each resident in the county. The --
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JUDGE TINLEY: Ms. Craig, I'm sorry --
MS. CRAIG: For example, the property tax is based
on valuation of whatever your property is, just like for the
City of Kerrville. It would be on the number of pieces of
equipment. We would need more pieces of equipment than Divide
school district would.
JUDGE TINLEY: Well, Divide -- the average taxpayer
in Divide pays a whole lot more in ad valorem taxes than the
average homeowner in Kerrville.
MS. CRAIG: Well, that's my statement. That just --
JUDGE TINLEY: Ms. Craig, are you -- are you aware
of any entity that is offering these types of equipment for
lease or rental purpose?
MS. CRAIG: No, sir. Just counties are offering
them to their cities and their school districts. And I'm here
speaking just for the City of Kerrville. There are a number
of school districts and another city out there, the City of
Ingram. I just happen to be the one that asked that it be put
on the ballot -- on your agenda today, because we need to call
our election in January.
JUDGE TINLEY: It occurs to me that there -- the
statute authorizes a daily charge up to, I believe, 10 percent
of the actual --
MS. CRAIG: Yes, sir, you're correct.
JUDGE TINLEY: -- of the cost of the machine.
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Except for primaries, which it's $5 per -- per machine. It
occurs to me that maybe the better approach would be, instead
of doing it on a -- on a daily basis, to do it on a
per-election basis. Might be a bit more simplified, and as
these other gentlemen have indicated, we're -- we're not
looking for a way to -- to recoup the cost here, because the
taxpayers have already paid that cost. But we do need to be
in a position where, when it comes time to replace that
equipment, that we're in a position to do so by virtue of what
we've been able to capitalize from it, and secondly, to pay
for any maintenance or repairs or -- or loss that may have
occurred to the equipment. Have -- have you any proposed
schedule or -- or thoughts on -- on what you believe would be
a fair -- fair value on this equipment?
MS. CRAIG: No, sir. Just to say that 10 percent
per day -- which is allowed; you are correct. We have early
voting for nine days, and then the election day voting. We'd
be better off to buy our own equipment, if you pay 10 percent
per day and you used it for 10 days.
JUDGE TINLEY: I would certainly agree with you that
that is --
MS. CRAIG: I don't think I could convince the City
Council of that one.
JUDGE TINLEY: -- that's way too strong.
MS. CRAIG: Yes, sir.
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COMMISSIONER LETZ: When is -- when does City
Council have to make a decision on this? Or do you need this
decided today?
MS. CRAIG: We need to call the election in January.
COMMISSIONER LETZ: When?
MS. CRAIG: Our second meeting in January would be
the, I guess, 24th of January. I have to call the election by
the 24th of January.
COMMISSIONER WILLIAMS: For what date would the
election -- May? For a May election?
MS. CRAIG: Yes, sir, the second Saturday in May
this year is on the 13th.
COMMISSIONER LETZ: I think -- and we discussed
this, I don't know -- what, couple weeks ago? And I still --
I think I need the same -- I need some sort -- I need Hart or
someone to tell Jannett or get to us what the expected life of
this equipment is. I mean, will it last 20 years? Five
years? I mean, what they -- I mean, it's going to be a guess,
but we need to know that, 'cause there's no way you can figure
out how to build up a reserve. And then I think you need to
work with the County Attorney about, you know, if it's --
something is damaged. I have no problem with doing a --
damage or loss of a machine, the replacement cost of that
machine goes back to the entity that was using it. I mean,
that's reasonable. I don't think that -- but anyway, then the
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other costs, I really don't think it's that much other costs
that we're going to -- that the County is going to spend,
other than just the building up a reserve for the maintenance.
So --
MS. PIEPER: I don't think we'll be able to build up
the reserve for maintenance, because it's $13,700 per year.
COMMISSIONER LETZ: Well, we use the maintenance --
the maintenance and the reserves for replacement, is what I'm
talking -- what I meant to say. We need to get a life of
the -- expected life of this equipment.
COMMISSIONER NICHOLSON: I have an accounting
question. Does the Local Government Code allow such a thing
as a -- a fund set aside for a specific purpose?
COMMISSIONER WILLIAMS: An enterprise-type fund.
JUDGE TINLEY: Sinking fund.
COMMISSIONER WILLIAMS: County Attorney is right
there.
COMMISSIONER NICHOLSON: The principle is good that
we should -- we should collect enough to replace the equipment
and pay for the maintenance, but somehow that gets lost three
or four years from now.
JUDGE TINLEY: Mr. Danny Edwards with the City of
Ingram is here with us this morning, and has indicated a
desire to be heard on this issue.
MR. EDWARDS: If it please the Court, I, of course,
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concur with everything that was espoused by the City of
Kerrville representative. One thing that hasn't been
this by virtue of the fact that the Legislature has done its
instance, they've even protected themselves on this by
allowing the	Court to only	charge	the	-- in	the primary
elections, $5	per machine,	which	will	-- but	you're reimbursed
by the State	of Texas. So,	they	have	cast a	tremendous burden
on the cities and the county to do their work. And I submit
that there's even more disparity in this by virtue of the fact
that the -- probably the ma:;imum vote in the city of Ingram
will be about EO people. Just the programming of the
machine -- two machines for the city of Ingram will cost us
$40 per vote by virtue of the programming that has to go in.
We have to have two machines, one for early voting. That's as
I understand it, one for early voting and one for election day
voting, so that the rate it's going to -- if we have -- I
don't know how the -- how the programming goes, whether they
program both machines for $2,100 or --
MS. CRAIG: $2,100 per election.
MR. EDWARDS: Per election. So it's going to cost
us $40 per voter just to program the machines, and we haven't
even started talking about any rental basis yet. So, there's
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a tremendous disparity here, not only among -- between the
counties and the cities, but among cities themselves, where
you've got a city that's got 16,000 voters as opposed to one
that has 50 voters, and we're going to pay almost the same
amount of money. They may have four machines; we're going to
use two, so we're paying 50 percent as much for 50 voters as
they are for several thousand voters. And it's quite possible
that if -- if this goes through -- and, of course,
Commissioner Letz has said you've been talking about it, but
you haven't told us what you're talking about, so I don't know
whether I'm premature or not, whether you're talking about $5
or $500 or $5,000, but it's very possible that if it gets too
high, Ingram -- pardon me, Ingram will not hold an election.
They have no money. This is not buagetea. it wasn't even
anticipated, and it's literally impossible for us to hold a
budget -- I mean, to have a budget to hold this election. And
that seems rather drastic to me, maybe to some of you, but
that's the way it is financially. There's no way we can come
up with $12,000, $15,000 to hold an election when our total
budget's $500,000.
COMMISSIONER LETZ: I don't think it would be near
that much. I mean, I look at it -- I mean, I'm guessing -- I
hate to guess, but these machines, I think, start 10 years, so
you're looking at, you know, 28,000 a year, $287,000 for all
the equipment. That's for all of them; not -- that's not per
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machine or --
MR. EDWARDS: But it says up to 10 percent.
COMMISSIONER LETZ: We're not -- I mean --
MR. EDWARDS: We don't know what you're thinking
about.
COMMISSIONER LETZ: I have no desire to go -- we're
trying to recoup the maintenance costs and any additional --
MR. EDWARDS: You don't know what that is.
COMMISSIONER LETZ: It's 13,000 a year for all of
the machines.
MR. EDWARDS: All the machines? You got a contract
on it?
COMMISSIONER LETZ: Yeah.
MR. EDWARDS: Okay.
COMMISSIONER LETZ: And then we're trying to build
some sort of formula to build some sort of reserve, 'cause
they're going to have to be replaced at some point.
COMMISSIONER WILLIAMS: But you raise an interesting
point, Mr. Edwards, and that is that the programming required
to put the machines in a ready state for each election,
programming required for Ingram is different, at least the
setup costs --
MR. EDWARDS: Yes.
COMMISSIONER WILLIAMS: -- are different for Ingram
than it would be for Kerrville or Center Point or wherever.
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MR. EDWARDS: Right.
COMMISSIONER WILLIAMS: So who bears that cost,
Madam Clerk?
MS. PIEPER: The entity.
COMMISSIONER. WILLIAMS: The entity.
MR. TROLINGER: And, if I may, Commissioner
Williams -- and Jannett's aware of this. The first election
cycle, it looks like Hart is actually going to do the
programming for us, and then -- is it correct, Jannett, we're
going to purchase the software to be able to actually create
the ballots --
MS. PIEPER: That's correct.
MR. TROLINGER: -- following that? And that will
eliminate that cost per election.
MR. EDWARDS: Yeah.
COMMISSIONER WILLIAMS: And we would then create the
ballot for the entities; is that correct?
MS. PIEPER: Yes.
COMMISSIONER WILLIAMS: And your staff would then
check these items out -- these pieces of gear out to the
entity, be certain that they are not broken when returned?
MS. PIEPER: That is correct. We -- yes, we will
have to keep track of that, just like we have to -- we will
have to keep track of each primary precinct. My office
will -- as always, we've always been involved in -- in helping
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them with elections or, you know, being of assistance, but
with this equipment, we will be more involved.
COMMISSIONER WILLIAMS: That's my point.
COMMISSIONER NICHOLSON: What I just heard from
Mr. Trolinger is that -- suggests that this exorbitant
per-voter cost will be eliminated because we can do the
programming ourselves?
MS. PIEPER: Well, once -- the rental fee from this
goes into a fund that can only be used on election equipment.
Because we had to cut the budget when we were negotiating the
cost of this election equipment, the one thing they cut was me
being able to program and print our own ballots. These -- the
ballots from the eScan are printed on just a sheet of paper,
but yet Hart's going to charge us $300 per thousand to do
that. But once I'm able to get money in this fund, then I can
buy that software and I can program and print the ballots for
all the entities.
COMMISSIONER NICHOLSON: I'm trying to get back to
this $40 per-voter cost which is outrageous. 'Cause -- does
this ameliorate that quite a bit, the fact that we can do our
own programming?
MR. EDWARDS: That's not all of it. Depending on
how this is handled -- and I'm not knowledgeable about the ins
and outs of it, but there are other requirements they have to
have about different kinds of equipment for reading, et
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cetera, et cetera, et cetera.
MS. PIEPER: We -- that price is included.
MR. EDWARDS: Okay.
MS. PIEPER: In the equipment.
MR. EDWARDS: Okay. But, anyway, like I say, if --
I don't know what the answer to it is. I'm glad I'm not
sitting up there now. But there's a tremendous disparity
between the city of Kerrville and the city of Ingram. You've
also got school districts involved in this, and I don't know
how they fare on it, but I can tell you how the city of Ingram
doesn't fare on it. We appreciate your consideration.
JUDGE TINLEY: Thank you. Pretty obvious to me we
need more information on this subject to be able to come up
with a solution.
COMMISSIONER LETZ: I think we need to -- and you
have the numbers here. The eSlate is 2,500, JBC 2,500, and
the eScan, 4,500. Those are the cost of each unit?
MS. PIEPER: Yes, it is.
COMMISSIONER LETZ: And what is the minimum of --
for one if someone's going to -- like, Ingram needs one
machine -- or two machines. Is that two of each of those?
MS. PIEPER: Yes, one for early voting and one for
election day.
COMMISSIONER LETZ: So, it's 90 -- they need 95 --
so the city of Ingram is going to need $9,500 worth of
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machines for -- or, I mean, 18 --
MS. PIEPER: Times two, because you'll have one for
early voting and one for election day.
COMMISSIONER LETZ: Okay, 19,000. If you took, you
know, the 10-year life, it's $190 or so that we're going to
have to recoup, totally. I think it's going to be a
reasonable amount, I think. I don't think it's going to be an
exorbitant amount. Divide it out between the number of
entities and number of machines, it's going to come to $190,
plus or minus, per machine -- less than that, $95.
MS. PIEPER: One percent would be $95.
COMMISSIONER LETZ: I don't think it's going to be
too much. We're trying to do as little as possible, but at
the same time, we -- I don't -- we can't -- we haven't
budgeted to subsidize all the other entities. So, I mean, the
cost that we get is going to have to be passed on to the
entities.
COMMISSIONER NICHOLSON: Mr. Edwards reminded me
again that this -- what started all this was the Help America
Vote Act, and that we somehow struggled along for 150 years
without any help from Washington, and all of a sudden, we've
got an expensive solution to a nonexistent problem.
COMMISSIONER LETZ: Jannett, can we put this back on
the agenda -- I'm going to get with you between now and
then -- at our first meeting in January?
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MS. PIE PER: That's fine.
JUDGE TINLEY: Any other member of the Court have
anything further on this item? Let's go to Item 1, a timed
item for 9:15. Consider, discuss, and take appropriate action
to award bids for stop loss insurance coverage for 2006
employee health benefits program and establish premium rate
for coverage under such program. I put this on the agenda
pursuant to the bids that were solicited by our insurance
consultant, and he's here with us today, Mr. Gary Looney.
MR. LOONEY: Judge Tinley. Good morning,
Commissioners. I don't know about your constituents, but I
appreciate you all being here and working during this week.
There's a lot of insurance companies out there that I've had
trouble getting in contact with. So -- but, fortunately,
we're here today, and I did have one thing that occurred
during this holiday season I need to tell you about. That is
that I had the opportunity to have my son sworn in before the
Bar during this time frame.
COMMISSIONER NICHOLSON: All right.
COMMISSIONER WILLIAMS: Congratulations.
MR. LOONEY: That is done and gone, so -- and sorry
about the attorney relationship, maybe, but -- but he is out
there active now. We put -- we solicited bids for the stop
loss insurance, and we put the information out to the
insurance community, and the insurance community decided that
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they didn't wish to participate in our process. We received
the renewal from Mutual of Omaha, and that was the only
solicitation that we received. I suspect that part of the
specific deductible amount of $40,000, and right now our
expectation is to receive approximately $367,000 in refunds
over and above that $40,000 stop loss point. So, our
insurance functioned in the manner which it was supposed to
function; it protected us against those losses. But as the
insurance industry reviewed it, they decided they didn't want
to participate with us in those losses, so we negotiated with
-- as best we could with Mutual of Omaha. we beat them up a
little bit.
The good news is that, based on the results of our
negotiations, that we're within the budget constraints that
you all set during the budgeting period, so that we do not
have to impact the budget going forward with any changes that
were presented during your budget period. Now, we -- we did
change the process a little bit and the manner in which we're
managing internal insurance or our insurance portion of it,
the specific and aggregate. And in the past, we have had
estimated claims ratios and we've had -- our maximum liability
was based on the fact that the insurance company was insuring
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losses over and above our expected losses by a 25 percent
to exceed an additional 25 percent of that to be reimbursed on
our maximum liability, which is that aggregate form of
insurance. We negotiated with Mutual of Omaha to reduce that
taken a 10 percent adjustment against that maximum liability.
We pay an additional premium for that, but that keeps our
maximum liability down and matches up with what our budget
constraints were.
So, if you will look at the first sheet, which is a
claims going forward are pretty consistent from where they
were last year. Last year, we had a maximum claim liability
of approximately a million, eight -- a million, 828, which was
all of our fixed costs plus our expected claims cost plus our
maximum liability of that 25 percent. Going forward, we
reduced that maximum liability, again, back to the 115 -- 115
percent. And, by doing so, we limited our maximum liabilities
to approximately the same as they were this year; only about
$30,000, $40,000 difference. The difference in our costs
overall come in our fixed costs. We do have an increase in
our fixed costs. Fixed costs, as you can see, are increasing
substantially. We're going from a specific and an aggregate
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premium of approximately 147,000 to approximately 270,000, so
One, again, is the losses that we incurred, which is that
$367,000 exposure that we're being returned this year. So,
actually, we have a $200,000 credit against our fixed premium
on our specific going forward from last year. The insurance
industry is trying to recover some of those losses. And then
we increased -- by increasing the aggregate premium, we've
reduced our maximum liability. And if y'all understand that,
I've got some property to sell to you in southern California.
(Laughter.) Sorry to be confusing, but that's the technical
-- technical aspect of this whole thing. End result, a couple
of things. One is that our HRA program, we had estimated a
To date,
year, spend approximately $90,000 of that. So, in our HRA
program, we've reimbursed employees approximately a little
less than half of what our total estimated liability was.
From an accounting standpoint, normally in a
and roll them forward in a budgetary manner. Same thing with
the credits that we generated against the budget that you all
had budgeted last year. You budgeted a certain amount of
money for your total medical expense for last year.
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Typically, we take any credits that are generated and carry
that forward to the next year's budget. You did not carry any
credits forward on your budget, so we are on a cash payment
basis for your medical insurance going forward from your
fiscal year, end of October to the end of next September.
Consequently, when we set our premium rates, we set our
premium rates not assuming any credits carried forward, and
what that does is that makes it that our -- our budget number
that we use doesn't receive any of that credit balance, so
we're gross numbers when we're dealing with the premiums going
forward. The negative part of that is that we are unable to
create any reserve going forward, or any medical payments.
And the other portion of that is that it's difficult for us to
go back and credit employee contributions, because we're
budgeting at 100 percent, so we simply apply a percentage
increase to employee contributions. So, we have no credits
going forward.
Consequently, if you'll look at the page that
requests the changes in the premium rate, you'll see that we
do have a premium rate change for employees. It is relatively
minor, though, because of the impact, again, of our maximum
liability. Currently under Plan A, for instance, we have a --
for children, contribution for family, we have a $169 premium.
That's going to $167, so we only have a $3 -- or, actually, a
$2,50 a month increase to cover children. For the spouse,
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it's $5, and for the entire family, it's approximately $15.
That's on Plan A, which is where the majority of the employees
are. Under Plan B, we've had some adjustments, but as you'll
see there, in the family, child and spouse, there's really
only one person in each one of those categories, so we're not
impacting the population of the county by a great deal; we're
only impacting those three individuals.
We do have -- did have a credit of approximately $93
that was submitted for Plan B for employees last year. That's
dropping to $60 for this year, so there is that credit, but it
has gone down. But those funding amounts with the budget
number that you have submitted previously in that budget then
meets the requirements of our maximum liability funding,
including all the HRA accounts going forward for the next plan
year. The life insurance program had a two-year rate
guarantee, so we have no changes in the life insurance
program. That's why it was not indicated in this -- in this
We have a
$40,000 deductible now. I'd like for that to move to $50,000.
It does save us hard dollar costs. It saves us about $32,000,
in the next year. And that will -- I'll be more than happy to
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JUDGE TINLEY: The premium rates which you have on
the attachment, current insurance premium funding on the
information that you've provided us are the premium rates that
you are recommending --
MR. LOONEY: Yes, sir.
JUDGE TINLEY: -- that this Court approve for the --
for the coming year?
MR. LOONEY: Yes, sir, that's correct.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: Gary, on the first page, under
the --
MR. LOONEY:	Let me get my glasses on.	
COMMISSIONER	LETZ: -- total annual cost --	
MR. LOONEY:	Yes, sir?	
COMMISSIONER	LETZ: -- category, what is "disease	
management"? Some of	these things look like something that	I
don't see that we're g	etting anything for that.	
MR. LOONEY:	Disease management, you probably won	't
see a lot of interacti	ve -- unless you're in the area of --	of
the diabetic or the ca	rdiovascular or those areas. When --	
when those -- when the	diabetic or the cardiovascular, or	
there's -- what's the	other -- what's the third area under	the
disease management?		
MR. MALEK:	Heart and --	
MR. LOONEY:	Pregnancy?	
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MR. MALEK: No, that's a separate one. That's
health and maternity.
MR. LOONEY: That could be a disease. (Laughter.)
There's one other item; I can't remember what it is, but what
happens when the claimant starts receiving -- or when the
claim processors start receiving indication that indicates
that individuals are in that area, then they transfer that
information over to the disease management people, and the
disease management then starts interar_ting with those
individuals directly.
COMMISSIONER LETZ: Okay.
MR. LOONEY: So it's not -- it's not a situation
where there is a lot of communication out to the general
public as far as that. It's more specific to the individuals
receiving that care.
COMMISSIONER LETZ: Okay. Under the -- under that
same total annual cost under the administration, COBRA, HIPPA,
HRA, that amount is 63 -- or going forward, about 78,000.
MR. LOONEY: Yes, sir.
COMMISSIONER LETZ: There was some discussion during
the year that -- especially on the COBRA, that we didn't have
anybody that was using COBRA, yet we were paying a fee for it.
Can you explain how that works and how -- I mean, that's a
pretty large number, 78,000. And as to -- you know, is there
a way, if we're not using -- or are we using it more than I
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just stated?
MR. LOONEY: Based on turnover, anybody -- any
employee that turns over at the county, then you have the
notification process. You have an initial notification. One
notification is given to Mutual of Omaha. Then Mutual of
Omaha -- the County actually sends out the first letter of
notification, and then from that point forward, if any
individual participates in it, then they are monitored and
managed by Mutual of Omaha. As far as claims is concerned,
they transfer them into a different claim entity and collect
-- and work on managing that process. That costs us -- is it
50 cents or 30 cents?
MR. MALEK: Fifty cents.
MR. LOONEY: Fifty cents? It's 50 cents per
employee, per month, for total employees. So we have 254
employees, so it's -- you have to work on the math. Help me
with the math.
COMMISSIONER LETZ: 125 a month.
MR. LOONEY: 225?
MR. MALEK: About 1,500 a year.
MR. LOONEY: $1,500 a year, something to that
effect. The main thing it does -- and the primary thing that
you're doing with that is that you're transferring the
liability to Mutual of Omaha.
COMMISSIONER LETZ: Well, what's the -- if the COBRA
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portion is 1,500, why -- the total amount is 78,000, almost
79,000.
MR. LOONEY: The COBRA is 50 cents. HIPAA is 30
cents, and then the H.R. administration is the balance, which
is $3 and some cents a month for -- $3.50 a month per employee
to manage the HRA claim function.
COMMISSIONER LETZ: We're still only up to about
4.20 a month per employee, which is $1,000 a month, which
is -- we're coming in, like, $15,000.
MR. LOONEY: Well, let's see. We've got -- HRA
administration is $3.58. The COBRA administration is 50
cents. The HIPAA administration is 30 cents.
JUDGE TINLEY: You've got the general administrative
costs.
MR. LOONEY:
COMMISSIONER
MR. LOONEY:
COMMISSIONER
in that number also?
MR. LOONEY:
COMMISSIONER
like it was admin of t
MR. LOONEY:
COMMISSIONER
MR. LOONEY:
And the general admin fee.
LETZ: That's --
Which is the $21.41.
LETZ: Okay. So, the general admin's
Yes.
LETZ: Okay. The way it looks, looked
ze COBRA, HIPAA, and HRA.
No, I'm sorry.
LETZ: Total admin.
It's administration in addition to
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those different items.
COMMISSIONER LETZ: All right.
COMMISSIONER WILLIAMS: But administration went up
from $16.32 a claim to $21.47?
MR. LOONEY: Yes, sir, that was by contract. That
was originally submitted two years ago; it was agreed to two
years ago.
COMMISSIONER WILLIAMS: Okay. Column 3 represents
what?
MR. LOONEY: Column 3 is the difference between the
$90,000 specific and the $50,000 specific.
COMMISSIONER WILLIAMS: Got you, okay.
COMMISSIONER BALDWIN: Gary, my only comment is that
I'm just blown away that there wasn't any participation.
MR. LOONEY: I was -- I had talked to two or three
underwriters during the process of the -- they would call me
and ask me questions and get information, gathering
information. I was fully expecting to get three or four more
bids in. I was very surprised that we did not receive
additional bids.
JUDGE TINLEY: Any -- any thoughts on why we didn't
get more participation?
MR. LOONEY: Primarily the loss ratio and the fact
that the two or three of these are -- a couple of these cases
are continuing, and we will get additional -- and that 367 is
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current reimbursement. We may very well end up getting an
additional reimbursement based on the claims that were made in
December.
COMMISSIONER BALDWIN: So, insurance companies are
looking for large governments that don't use their services.
MR. LOONEY: Right.
COMMISSIONER BALDWIN: That they pay into and don't
use the service. So, you know, if you use the service, then
they don't want to deal with you. Amazing, isn't it?
JUDGE TINLEY: They don't want $150,000 in premiums
and get to pay $400,000 in losses.
COMMISSIONER BALDWIN: Just absolutely -- I love
this country.
COMMISSIONER WILLIAMS: There's nothing new about
that, Gary.
JUDGE TINLEY: Mr. Wallace had a comment.
MR. WALLACE: I went to eight different markets.
Gary sent me the RFP, and I went to eight different markets
trying to get some different reinsurance quotes, and every one
of them came back declined. Most of them just said they were
not competitive.
COMMISSIONER LETZ: So, our decision today is to --
to -- well, obviously, it's --
MR. LOONEY: Threefold. One is to accept the
projected premium rates for the employee contribution going
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forward for the year 2006.
COMMISSIONER LETZ: Okay.
MR. LOONEY: The other is to accept or reject the
recommendation to move to the $50,000 specific, as opposed to
the current $40,000 specific, which is my recommendation.
COMMISSIONER LETZ: And the -- so there's two.
MR. LOONEY: Those are the two primary things. And
then -- then, obviously, the renewal with Mutual of Omaha.
JUDGE TINLEY: Mm-hmm, the stop loss contract.
MR. LOONEY: Of the stop loss contract.
COMMISSIONER WILLIAMS: And the bottom line to us
under 90,000 stop loss is 2.162?
MR. LOONEY: Yes, sir.
COMMISSIONER WILLIAMS: And the bottom line to us
under 50,000 is 2.185?
MR. LOONEY: That's maximum aggregate cost.
COMMISSIONER WILLIAMS: With maximum aggregate.
MR. LOONEY: Now, the difference in those two is
that we've got lower fixed costs with the $50,000.
COMMISSIONER WILLIAMS: Okay.
MR. LOONEY: So our potential is greater based on
our claims.
COMMISSIONER WILLIAMS: And in either situation, we
are working within the constraints of the budget numbers that
you were aware of?
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MR. LOONEY: Correct.
COMMISSIONER WILLIAMS: Judge, I would move that we
accept the bid from Mutual of Omaha for stop loss insurance as
presented by our consultant there, Mr. Looney, increasing the
stop loss from $40,000 to $50,000, and accepting the current
insurance premium funding for Kerr County employees as
presented on the attachment.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the stop loss bid, with stop loss change from $40,000 to
$50,000 and approving the recommended premium funding --
premium rates as presented by Mr. Looney. 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: That's everything you need.
COMMISSIONER WILLIAMS: Thanks for your hard work.
MR. LOONEY: Thank you, sir.
COMMISSIONER NICHOLSON: Thank you, Mr. Looney.
JUDGE TINLEY: Thank you, sir. Let's go now to a
timed item that was set for 9:30, if we might. Presentation
of the annual report of the Kerr County Historical Commission.
Good morning, sir.
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MR. SCHELLHASE: Judge, Commissioners, good morning.
You have a copy of the written report submitted. I'd like to
maybe cover a couple of recaps. This is required by the
bylaws of the Historical Commission. The election was held;
the officers are remaining in place, with the exception of the
Ray Haney is replaced by
Ann Bethel. The individual assignments primarily in the
courthouse concern archives which we maintain here in the
courthouse in the basement. The activities for the year
involved a lot of historical markers. We had the Union Church
building project, doing some additional work on that building,
installing some sound equipment, putting a canopy over the
rear of the building. One of the projects we started this
year was also the landscaping and the parking for the whole
facility on the 5 or 6 acres that we have under lease from
Schreiner University. That's now in the process of being done
for 2006. We'll try to complete that.
A significant part of that is we've been able to
obtain the fence that was on the original courthouse here at
this site, which is rather old. It's a wrought iron fence
that we found on a residence in town, and have purchased that
fence, and will -- are in the process of working it into the
landscaping, and the fence that will surround the buildings
now has the pipe fence in front of Schreiner University on the
campus where we are. We're in the process of finalizing those
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plans, and we'll submit them to Schreiner for approval first.
Then we'll take them to Glenn Holekamp to look at the
maintenance that will be involved in that facility, and when
those are all ironed out and we have the number, we'll bring
that to the Commissioners Court for final approval for that
landscaping plan. We hope to get that finished in 2006.
Another significant item during 2005 was the
historical markers. I'd like to give this to the Court. This
is a recap of all of the markers in the state -- in the county
that are recognized by the state that have been installed
since 1936, when we started. This was a state project that
was initiated several years ago which we participated in,
which was to locate the markers, transcribe all of the
inscriptions that's on them, get a GPS location, photograph
them, and prepare that document for the state. This is the
Court's copy. We have a copy for the State, and there'll be a
copy located in the history library. Our oral history is
continuing on. That process, as you know, takes place in a
small building behind the library on the second floor. We no
longer can use the first floor because it was flooded several
years ago and has not been repaired at this time.
We initiated some work in 19 -- in 2004 with the
City Manager to look at the possibility of renovating that
whole building for use by the Historical Commission.
Mr. Patterson was in favor of that, proceeded to the step that

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we were authorized to seek grants if we could possibly get
them. During the process of 2005, you know, the personnel
change there, we never went back to Don Davis to discuss this
issue with him. Now that we have a new City Manager on board,
and when the time is right, we will go back and try to proceed
with that and see if something could be done with that
building so that we can locate all of our archives and things
at that point. The calendar project was not done in 2005 due
to the lack of interest, primarily, and the sales slump. We
did do a calendar for 2006; it's now on the market. Very
significant calendar. We have taken old sites that are still
in place, or those that are no longer in place, and did a
before-and-after site plan on them. Those sales have gone
extremely good. The banks primarily support that project.
The brochure for the historical markers at places in
town is in the process of being revised and updated with the
new locations that we have now. When the supply out at the
C.V.B. is exhausted, we will reprint those. The work on the
preservation, a presentation for Kerr County historically,
both video and slides, is in the process. We'll continue to
work on that during 2006. The archives down below, as you
know -- we have made mention of this every year and continue
to bring it to your attention. It's mostly inadequate. The
space is not adequate. The condition is not adequate. The
fact that it's -- it has accessibility to the crawl space of
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this building, whir_h makes it accessible to anyone that wants
to use it on a -- at times that they have to use it, and we
still feel like that other sites have to be obtained. As you
know, we have in those -- in the archives numerous items;
postcard collection, photo collection, historical documents
collection, a lot of archeological stuff that's located in the
space down below, and we continue to need to improve that
situation.
COMMISSIONER WILLIAMS: What space are you looking
for?
MR. SCHELLHASE: We need about 400 square feet,
something 20 by 20. If there's any questions, that concludes
my report.
DODGE TINLEY: Anybody have any questions for
General Schellhase? Thank you, sir.
COMMISSIONER WILLIAMS: Are we required to ratify
the leadership or what?
MR. SCHELLHASE: Yes, sir, you're required to accept
the report, which includes the leadership.
COMMISSIONER LETZ: Move we accept the report as
presented by General Schellhase.
COMMISSIONER WILLIAMS: Second.
DODGE TINLEY: Motion made and seconded for
acceptance of the report. Any 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: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Let's move to
the 9:45 timed item; consider, discuss, and take appropriate
action on proposed conditional lease agreement between Kerr
County and the Hill Country Mounted Peace Officer Association
for the construction of a multi-use facility adjacent to Kerr
County Law Enforcement Center for emergency operations, law
enforcement training, and other law enforcement and emergency
functions and purposes. This was placed on the agenda at my
request. I thought we had a conditional lease agreement that
was at least in tentative approved form. Is that correct?
MR. PHILLIPS: I can address that, Judge.
JUDGE TINLEY: All right.
MR. PHILLIPS: Morning, Commissioners. I've been
here five years now, and this is the the first time I've had
the honor of being here. My specialty is criminal law, as you
know, so if you ask me a question, I think in most cases what
I'm going to have to say is "I'll get back to you." But as
far as this issue here goes, Mr. Emerson -- first off, let me
say he's sorry he couldn't be here today. I guess he thought
that the vacation was more important. Anyway, on this issue
here, as it's written, there's a 40-year lease, and
Mr. Emerson's notes indicate that it was supposed to have been

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a 25-year lease with the option to renew to 90. And so, as
it's written right now, it's probably not the way it was
intended. That's the only thing that Mr. Emerson saw in the
proposed lease agreement.
COMMISSIONER WILLIAMS: All of the other notations
that he had on his first return of his first draft had been
incorporated into this draft?
MR. PHILLIPS: That's -- as far as I'm aware, that's
correct, Commissioner.
COMMISSIONER LETZ: Are we here today just to
approve the form to get it sent back over to the Hill Country
Mounted Police Officer Association, or --
JUDGE TINLEY: Yeah, so that -- so that they can
move forward on their fundraising effort.
MR. PHILLIPS: The lease term was the only issue
Mr. Emerson had a question about.
JUDGE TINLEY: I talked with him about that.
Essentially, my discussion with him was that the original
discussions had been 40 -- maximum 40-year lease term, and
this includes an extension option, which was something new
that came up on the radar screen at the -- in Paragraph 21.
But he said that was a matter of policy decision for the Court
to decide, and -- but other than that one item, as a policy
matter, why, things were acceptable to him.
COMMISSIONER LETZ: I'm a little bit opposed to
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going to a 40-year plus a 40-year option. I mean, 40 years is
a long time. I don't want to try to predict what's going to
be used on that property 40 years from now.
COMMISSIONER BALDWIN: Commissioner Letz, 25 years
is a lot of time for anybody at this table.
COMMISSIONER LETZ: Right. I mean --
COMMISSIONER WILLIAMS: That's true.
COMMISSIONER LETZ: And I don't --
COMMISSIONER WILLIAMS: Which makes 40 more
unacceptable.
COMMISSIONER LETZ: I want to delete Paragraph 21.
COMMISSIONER BALDWIN: I agree.
COMMISSIONER LETZ: Just as a note, as currently
styled, it's set up for the County Attorney to sign the
agreement. I think it needs to be changed for the County
Judge to sign the agreement.
COMMISSIONER WILLIAMS: Are there any other
references to 40 outside of Page 1 that we're aware of?
JUDGE TINLEY: Only in the extension option.
COMMISSIONER WILLIAMS: Okay.
DODGE TINLEY: Of course --
COMMISSIONER LETZ: That looks fine to me.
COMMISSIONER NICHOLSON: Sheriff, do you have any
concerns about this transaction?
SHERIFF HIERHOLZER: I haven't seen the lease
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agreement at all.
COMMISSIONER NICHOLSON: Do you have -- giving up 16
acres, is that --
SHERIFF HIERHOLZER: We have 17 acres out there.
This is off to the one side by -- and they haven't surveyed it
at this point. That will come. The area they're talking
about, it's really going to depend on whether the City's going
to allow them to actually put a building there, because that's
also where that man-made water catch basin had to go, is right
there in that same area. There should be enough room around
it, but I'm just not positive. But they were going to do the
survey, 'cause that's the only place it can go, which would be
on that -- on the north side, kind of. I would totally be
against it if it went behind the building at all, because
that's goinq to have to be used for expansion of that jail
sooner or later. That's the way it was designed. But the
north side would be all right.
COMMISSIONER NICHOLSON: You can't envision any
circumstances that in 15 or 20 years, you would need that
space for some expansion of your facility?
SHERIFF HIERHOLZER: Not on that side, no. The only
thing that I can see is the expansion of the jail itself, the
expansion of administrative offices, and then expansion of
parking lot, which should all come out to the front, or --
this will, in essence, even expand the parking lot some,
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depending on how they build it. But the main thing is the --
all the acreage between the jail and Schreiner College, that
would have to be used for jail expansion.
COMMISSIONER LETZ: It seems to me a little bit --
they haven't surveyed it yet; therefore, they can't have an
Exhibit A. Therefore, they don't have a description to put on
the lease, so we're -- really, the way this is worded, I mean,
it doesn't -- I don't see how we can do a lease without a
defined description. I mean, I think we can agree to the
terms so they can maybe go out and get a survey, or -- that's
what they need. But I just don't see how you --
SHERIFF HIERHOLZER: In just some of the talk in
passing in the hallway with them, and Joel Ayala's part of
that, I think their main deal before they started putting out
the expense of having that survey, they wanted to make sure
there would be an agreement, and that's why they're doing this
tentative lease agreement. And it's all going to come up to
how the survey actually comes out on that part.
COMMISSIONER LETZ: So we're --
SHERIFF HIERHOLZER: My understanding. But they
didn't want to spend the money and go through the expense if
it wasn't going to be agreed to.
COMMISSIONER LETZ: So they'd like a --
JUDGE TINLEY: Subject to survey.
25 ~ COMMISSIONER LETZ: And the term we're going to
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leave at 40 years?
COMMISSIONER WILLIAMS: Fine.
COMMISSIONER LETZ: Or 25?
COMMISSIONER WILLIAMS: Isn't that what you were
talking about?
COMMISSIONER LETZ: I didn't want the option; that's
what I got rid of. Make the term 25 years with an option to
40? Or 40? 40 is fine with me; doesn't make that much
difference.
COMMISSIONER BALDWIN: The attorney said his
original thought was 25.
MR. PHILLIPS: 25 with an extension to 90 originally
was --
COMMISSIONER WILLIAMS: That's what I understood,
yeah.
JUDGE TINLEY: Okay. I had an understanding that
the original term was going to be 40, so whatever.
COMMISSIONER WILLIAMS: So, 25?
JUDGE TINLEY: You get there either way.
COMMISSIONER WILLIAMS: 25 with an option of 15.
COMMISSIONER LETZ: I make a motion to approve the
tentative lease form with the following changes: Change the
lease term to 25 years with an option to extend for an
additional 15 years, delete Paragraph 21, change the county
signatory from the County Attorney to the County Judge, and
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it's subject to -- it's tentative subject to a survey, and at
that point it'll be brought back to the Court for final
approval.
COMMISSIONER WILLIAMS: Second.
JUDGE 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. We'll need to
move to a 10 o'clock timed item now. Amazingly, we're back on
schedule. Consider, discuss, and take appropriate action for
the opening and awarding of sealed bids on two all-wheel-drive
backhoes with power tilt attachments. Looks like we have the
bids here.
COMMISSIONER BALDWIN: This has to be an exciting
moment for some of you folks that's never been to court.
We're opening bids to a tractor -- for a tractor.
COMMISSIONER LETZ: Two tractors.
COMMISSIONER BALDWIN: Two tractors.
JUDGE TINLEY: Yes, indeed. The first one is
from -- looks like Caterpillar Financial Services, or maybe
it's just Cat; I'm not sure. With Holt Cat. I think the
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actual bid is from Holt Cat out of San Antonio, with the
Caterpillar Financial Services being tied to it for the
financial aspect of it. The next one that we have is from RDO
Equipment Company out of San Antonio. Well, it looks like
they sent us a check. The -- next one that we have is from
Equipment Depot Incorporated, also out of San Antonio, and
included with it is a bid bond check for $11,604. And the
last one is from Texana Machinery, also out of San Antonio.
COMMISSIONER LETZ: Move we accept all bids and
refer them to Road and Bridge for recommendation.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for
acceptance of all bids and referral to Road and Bridge for
evaluation and recommendation. 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 go to
Item --
MR. ODOM: Thank you.
JUDGE TINLEY: -- 6, if we might; consider, discuss,
and take appropriate action approving the County Clerk to
acquire office space now occupied by Parole office and the
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Historical Commission located in the lower level of the
courthouse for election equipment storage.
MS. PIEPER: Gentlemen, I've done some more
checking, and actually I think I found a place that would be
better, and we wouldn't have to try to find different
locations for the Historical Commission or the Parole office,
and that is right off of the sallyport that is being used by
the Christmas Lighting for storage. It's 8 feet by 30 feet,
and I think that would work to store my election equipment in.
I do have a little, bitty storage area underneath the
stairwell, right off of the common area downstairs, and that
we may be able to trade off. I don't know if it'll be big
enough for the lighting committee, but I would be --
COMMISSIONER WILLIAMS: Is Mr. Holekamp here?
MR. HOLEKAMP: Yes.
COMMISSIONER WILLIAMS: Can you tell us a little bit
about availability of storage space in the annex basement?
MR. HOLEKAMP: Everything is pretty much filled up,
and all box storage in the annex, we currently -- the space
that Jannett mentioned is -- is the option. Of course, the
lighting people had asked permission to place their storage
there, but they've kind of outgrown it and utilized other
spaces someplace else also. I don't -- we have no other space
down here. We're crowded. District Attorney's office has
indicated a need for a bunch more box storage, which we don't
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have, so I think -- I think there's going to have to be some
decisions made as to whether we're going to rent some space or
try to utilize some space elsewhere, because we really don't
have it in this building. The little space that Jannett was
talking about would not help, really, anybody. It's about a
6-by-8, maybe.
COMMISSIONER WILLIAMS: Which one is that?
MR. HOLEKAMP: That one down below the stairwell.
MS. PIEPER: The one below the stairwell.
MR. HOLEKAMP: The Historical Commission's space is
-- it's already been moved once this year to accommodate Rosa
Lavender's office in the -- in that corner. Theirs has
currently been moved to an old space that was used by a
S.W.A.T. officer, and now we have Parole in there also, which
is a -- they use it one week, I think, a month.
COMMISSIONER LETZ: Glenn?
MR. HOLEKAMP: That would give us another, probably,
12-by-10 space.
COMMISSIONER LETZ: Glenn, what's the --
MR. HOLEKAMP: Yes, sir?
COMMISSIONER LETZ: What you're painting a picture
of is a lack of space in lots of areas, or in a lot of
different...
MR. HOLEKAMP: Obviously.
COMMISSIONER LETZ: What's the feasibility of
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converting the new Juvenile Detention Facility to storage and
another office building for the County?
COMMISSIONER BALDWIN: Wait a minute. Say that
again? He didn't just say what I think he said.
COMMISSIONER WILLIAMS: Yeah, he did.
COMMISSIONER BALDWIN: You're a smart man, Jon.
MR. HOLEKAMP: Feasibility? Was that the --
COMMISSIONER LETZ: Yeah. I mean, could it be used
to start with without a whole lot of expense, is what I'm
asking. I mean, if we're going to put offices out there, some
changes will have to be made.
MR. HOLEKAMP: Yes, sir, and I would probably
reserve that -- my comments until studying it a little closer.
I've done some measuring of overall square footage, and it's
substantial. The -- the individual -- I call them cells; I
don't think they call them cells, but that's what they are.
Something would have to be done with plumbing in those --
those areas, but they could be used for storage. But I
would -- I would probably want to disconnect in some way or
another the -- the plumbing in there, because that -- plumbing
and storage -- paper storage is not real friendly.
COMMISSIONER WILLIAMS: A couple months ago, I asked
Mr. Holekamp to take a look at that issue, Commissioner,
because it's obvious needs are arising. And we vacated that,
for all practical purposes, with the T.Y. -- from the T.Y.C.
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use. And I'm not sure at what point you are in your study,
but I do know that he's been looking at the plans and trying
to determine whether or not -- how much of that space could be
allocated for dry storage and how much of it could be revamped
and re -- remodeled for office space. I think it's something
office space. We're renting space around the city. We have
available a building that, probably with modest expense, that
could be converted to both dry storage and office space, and
with those thoughts in mind, I asked Mr. Holekamp to get the
set of plans, and last time I visited with him, he had them
spread out on his desk. I don't think, however, he's ready to
give you that answer today.
COMMISSIONER LETZ: I mean, that's a -- I mean, how
MS. PIEPER:	Right now.	January the 4th,	I'm	going
stew and we'	re going to	unbox everything.	I	have
two pallets sitting in the Maintenance Department. I have two
and a half pallets spread out in the back of my office, and
there's maybe a 2-foot span to get down that hallway. Plus I
have a lot of equipment in the election room that came in that
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COMMISSIONER WILLIAMS: Wouldn't that purpose be
is still boxed up, and I've got to get ready for early voting
that starts in February.
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elevator on the lower level? Because there's plenty of light
there; there's a new floor in there.
MS. PIEPER: We will continue --
COMMISSIONER WILLIAMS: You'd have easy access
initially to get to that equipment and determine what you're
going to do and so forth.
MS. PIEPER: We will continue -- yes, sir, we'll
continue to use that common area there for our early voting,
and then if we could utilize the storage that is off of the
sallyport, because I've got to have that equipment here
because we will -- it's -- we don't just hold an election and
then just stick it back into storage. We've got to do a lot
of maintenance on it.
COMMISSIONER LETZ: I guess what I'm trying to do,
and I think Commissioner Williams -- what I think he's trying
to get at as well is to try to keep from moving stuff around a
couple of times. If we can just hold off a little bit and
store it somewhere in the courthouse, that space is open down
there. Before you do the early voting, if we can figure out a
way to secure that until we figure out where we can go. The
spot that you're looking at off the sallyport, I think, would
be fine to store the equipment, but if you have to get down in
there and work with it, I think you still have the same
problem. I don't know whether you're going to be able to set
up and work with the machines in that closet.


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COMMISSIONER WILLIAMS: I don't either.
COMMISSIONER LETZ: So I don't think that's a good
long-term solution, other than just to store it. But that
doesn't solve all your needs, as I understand them.
COMMISSIONER WILLIAMS: I'm just talking about the
initial run. You're going to be getting the stuff in. You
have to unbox it. You got to inventory it, set it up, get it
programmed. You got to do a whole raft of things.
MS. PIEPER: Right.
COMMISSIONER WILLIAMS: You need some working space
with some elbow room and some lights.
MS. PIEPER: I do, yes, sir.
COMMISSIONER LETZ: Glenn, how hard would it be to
secure that area downstairs below the annex, that common area?
MR. HOLEKAMP: Hard -- hard walls-type secure?
COMMISSIONER LETZ: I don't know what kind of walls.
MR. HOLEKAMP: I mean, a --
MS. PIEPER: Once it gets -- once those ballots get
programmed in there, it has to be under -- I mean, it has to
be secured.
COMMISSIONER WILLIAMS: Sure.
MS. PIEPER: And then once an election is over, it
has to be secured for 22 months.
MR. HOLEKAMP: It would be very difficult to secure
it with hard -- hard walls if you're continuing to use it for
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early voting, because that's going to take about over half of
that space.
MS. PIEPER: And that won't work, because I have to
have all that space for early voting.
MR. HOLEKAMP: That would be the problem with
storing it in a work area where --
COMMISSIONER LETZ: Right.
MR. HOLEKAMP: -- voting takes place.
COMMISSIONER NICHOLSON: Is there any potential for
freeing up any space on the third floor?
MR. HOLEKAMP: Third floor? Up in that old jail?
The old -- we call it the penthouse. There is some space up
there, but it's rather difficult to get to and work up there.
MS. PIEPER: Are you talking about the old juvenile
detention -- no, sir, there's three flights of stairs. That's
the only way to access those.
COMMISSIONER LETZ: When's this -- when do you need
this, or when's this equipment arriving?
MS. PIEPER: It has arrived.
COMMISSIONER LETZ: You said January -- what's the
date?
MS. PIEPER: January the 4th, I'm going to utilize
trustees to help me unbox it. January the 5th, I have a
person from Hart coming here.
COMMISSIONER WILLIAMS: Where do you have it stored


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now?
MS. PIEPER: Well, I have two pallets in the
Maintenance office, and I have about two and a half pallets in
the back of my office and on the loading dock.
COMMISSIONER LETZ: I would hope --
MS. PIEPER: And we hope the fire marshal doesn't
come in between now and then.
COMMISSIONER LETZ: My feeling is, for lack of
anything else, just put it at the new juvenile detention
facility and secure it there where you can work on it. I
mean, I just don't see -- I don't see that we have any room
anywhere in this courthouse right now for you to be able to
unpack a bunch of equipment and start -- and work with it. I
mean, I don't know where -- I mean, a closet sallyport isn't
going to -- you can unpack it there, but why --
MS. PIEPER: If I can un -- if I can unpack it there
and get everything together downstairs, then I can wheel it
into the -- to the storage there at the sallyport.
COMMISSIONER WILLIAMS: Glenn, would one of those
dorms in the Juvenile Detention Facility annex, would that
satisfy her need, you know, for unpacking, setting up, doing
the things necessary to make this equipment ready?
MR. HOLEKAMP: Yes, sir.
MS. PIEPER: The only problem, gentlemen, I don't
have a vehicle big enough to even get one box over there.
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COMMISSIONER WILLIAMS: Pardon?
MS. PIEPER: I don't have a vehicle big enough to
get one box over there.
COMMISSIONER WILLIAMS: The County has vehicles.
COMMISSIONER LETZ: Trustees use the pickup for
transporting --
MS. PIEPER: Well, you better count all those boxes.
SHERIFF HIERHOLZER: We pick up -- I just don't know
about, you know, how fragile those type of machines are. I
have no problem with using a flatbed trailer. If the
Sheriff's Office has to transport it over there, that's
separate.
COMMISSIONER LETZ: It's either that option or we
can move the -- ask Maintenance and the Sheriff to work
together to get the Christmas lighting stuff out and store it
somewhere. I don't think we can ask them just to, in a matter
of a week over the holidays, find a place to put equipment.
MS. PIEPER: There was not but a couple of items
that was down there when I left there.
SHERIFF HIERHOLZER: It's all out right now.
MS. PIEPER: Right, because it's all out. And I
don't know how much they store, and that's why I offered my
little cubbyhole underneath the stairwell to them.
COMMISSIONER LETZ: Their stuff's pretty big, the
stuff that I see.
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SHERIFF HIERHOLZER: Yeah.
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER LETZ: I mean, it's -- I don't have a
problem with that option either, of using that, but I just
don't think it's a very good location for you. I don't see
how it's going to work very well. But it's your r_hoice, in my
mind. You can have that choice, or you can use the Juvenile
Detention Facility, where you have a spot to set up and work.
MS. PIEPER: I'd like to try the storage downstairs,
if I may.
COMMISSIONER LETZ: Okay. I'd say use that, and
then see if we can get Maintenance and Sheriff's Department,
through trustees, to move whatever needs to be moved out to
the -- our new temporary storage facility, until we have a
better use for that facility or other space available.
JUDGE TINLEY: Now, where does that leave the
Christmas Lighting people?
COMMISSIONER LETZ: Their stuff goes out to the
Juvenile Detention building temporarily.
COMMISSIONER WILLIAMS: How much stuff do they have,
Glenn? All the big displays?
MR. HOLEKAMP: They're out in the yard right now,
yes, sir.
SHERIFF HIERHOLZER: All the little Christmas trees
along the side and the big displays. They got quite a bit;
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they'll use up one of those dorms out there.
MR. HOLEKAMP: General Schellhase is here, and I
know he's not the head person of the Christmas Lighting, but I
know he's been involved since -- well, a long period of time.
And I do know they have some storage elsewhere. I don't know
the capabilities or potential for moving these -- some of
these displays there versus putting them back in the space.
And I do remember when they got the space, it was based on the
fact that the County did not need it at that time. So, you
know, I think the Court has -- you know, has the ability to,
you know, give the lighting -- this would be an opportune time
for the lighting people to make a decision before they put it
in here and then have to take it back out again.
COMMISSIONER BALDWIN: That's true.
MR. HOLEKAMP: 'Cause they're pretty
labor-intensive, those displays.
COMMISSIONER BALDWIN: Well, I addressed the
lighting people a couple of years ago, and it was unpleasant,
so I'm going to kind of slide back over here in case there's
any bombs lobbed.
COMMISSIONER LETZ: I mean, I think if Jannett feels
that that space suits her best, that's the space that -- I
mean, it's a county function; we need to provide for that.
The -- and I think we should try to accommodate the Christmas
lighting people as much as possible, and I think we do have a
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building that's not being used that hopefully -- that, you
know, maybe Glenn, in the next week, can look out there and
see if there's a spot that we can put stuff until we decide a
long-term use of that facility, which I think is rapidly
approaching.
MR. SCHELLHASE: Our take-down date is January the
7th, so make a decision before then.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: We're not going to meet prior to
January 7th.
COMMISSIONER BALDWIN: No.
COMMISSIONER WILLIAMS: No.
COMMISSIONER LETZ: So, I mean, I think that -- I
have no problem putting it out in the building.
COMMISSIONER NICHOLSON: I'm okay with it.
COMMISSIONER LETZ: Now, that's assuming that Glenn
does handle it and find a spot for it.
COMMISSIONER BALDWIN: Yeah, that's what you do.
MR. HOLEKAMP: Yes, sir.
COMMISSIONER BALDWIN: I think what he's saying,
Glenn, if you need a place to put Christmas lights --
COMMISSIONER LETZ: He said yes; he agreed.
COMMISSIONER BALDWIN: -- put Christmas lights, take
them and put them in the -- formerly known as -- known as the
Juvenile Detention Facility.
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MR. HOLEKAMP: Okay.
COMMISSIONER NICHOLSON: This doesn't take a court
order.
COMMISSIONER BALDWIN: No.
COMMISSIONER NICHOLSON: They just do that.
JUDGE TINLEY: We have a consensus? Anything
further on that particular agenda item? Let's move forward to
Item Number 7; consider, discuss, and take appropriate action
on implementing the burn ban.
COMMISSIONER BALDWIN: I move for approval.
COMMISSIONER WILLIAMS: Second.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the agenda item. Any question?
COMMISSIONER NICHOLSON: And authorize County Judge
to sign same.
JUDGE TINLEY: Any question or discussion?
COMMISSIONER LETZ: Just for information to Rusty, I
-- in talking with Joe Franklin with NRCS, and also the County
Attorney on a way to allow landowners to do prescribed burns
during the burn ban, it's becoming a little bit more
difficult, it appears, but we're hopefully going to be able to
do something similar to what we did last year.
COMMISSIONER BALDWIN: Super.
COMMISSIONER LETZ: This will be back on our next
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agenda.
COMMISSIONER WILLIAMS: I noticed in our local
paper, we had several fires here -- brush fires here over the
holiday, Christmas holiday. I noticed them in my travels up
to the Dallas-Fort Worth area. There were numerous fires,
fire companies out all over the place.
COMMISSIONER LETZ: It's very dry.
JUDGE TINLEY: Any further question or discussion on
the motion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Let's move to
Item 9; consider, discuss, and take appropriate action
concerninq the City and County responsibilities in the
interlocal agreement for regulating subdivisions.
MR. ODOM: Yes, good morning. I would -- I believe
that I'm probably a little bit premature on this agenda item.
However, it came about Tuesday when we found out that there
was an item going to be put on. We had some questions
primarily of the existing plats that we had already been
working with, and since that time, we have basically got a
direction. But I would like to add one; that was Valley View
Estates that, Buster, we had worked on. We forgot about that
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one, was Valley View Estates, where -- that was that 19 acres
over there, Buster, that --
COMMISSIONER BALDWIN: Yeah.
MR. ODOM: -- that we talked about. We forgot about
that one, so we wanted y'all to know that. I really -- I
think that it would be wasting your time if I went over this.
I think it's probably premature, but we -- we were concerned
that -- that this could come up, and we couldn't -- we had
some questions. So, if --
COMMISSIONER LETZ: A little -- I'll just make a
comment here. I was kind of the one, I guess, that talked
with Truby a fair amount, and also talked with Mr. Hofmann
with the City about these. And I think, through other items
on the agenda today, hopefully we're going to take care of --
the Neunhoffer Addition Subdivision is the most critical one
from a time standpoint that we're going to deal with today.
And the remaining of them -- Las Colinas, Cut Off Business
Park, Crestar Ranch, and Valley View Estates -- are all
working in the ET J, but are really not that far along. None
of them -- actually, none of them have a preliminary plat yet.
MR. ODOM: That's right.
COMMISSIONER LETZ: So they will all be working with
the City on that, and it's -- hopefully, it's not too
inconvenient. Hopefully, they should have been -- should be
working with the City on all these, anyway.
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MR. ODOM: Well, they should have, and they were
told to do that.
COMMISSIONER LETZ: So they'll no longer work with
the County on those, and we'll continue to work with the City.
So, I think we've been able to solve something that we really
didn't think through real clearly earlier, but --
MR. ODOM: Right.
COMMISSIONER LETZ: Other -- these questions, I
think I went over with your office on.
MR. ODOM: Sure.
COMMISSIONER WILLIAMS: Well, I was going to ask
that question. Have all these various questions that Mr. Odom
brings, have they been addressed?
COMMISSIONER LETZ: I just went over them out there.
I reviewed them, and pretty much it was -- I mean, some of
them were really related to, like, flood -- the issues related
to Environmental Health or working out with the City of
Kerrville and the ETJ through the Environmental Health
Department. Most of those are -- you know, the law's the law.
As to some of these, we have to come to an agreement. We've
done that. There is a mechanism for both the City and the
County to start trading more information than they have in the
past. Hopefully, that's not going to be burdensome to either
party. If there's -- in the county, if we get a plat in the
ETJ and Leonard doesn't have any comment, he doesn't have to
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make any comments. If he does have something, he has --
there's a mechanism for him to go to the City and talk to
them. The County will be responsible for these roads in the
ETJ still, so I think there needs to be some cohesiveness
there. I think we're working on getting our subdivision rules
in the city and the county in line too, so there shouldn't be
any issues there. We're going to have to play it by ear a
little bit. We have a sir.-month period to kind of work
through any bugs and problems and get some rules and comment.
MR. EDWARDS: Can I comment on that?
COMMISSIONER LETZ: Surely.
MR. EDWARDS: I spent about six weeks several years
ago working with the City -- County Attorney's office, and we
put all of our Subdivision Rules in line with the county. I
redid the road reg -- requirements for roads in our city, and
I prepared an agreement -- two-page agreement to be executed
and was sent to the Judge to put on the agenda, and it was
never put on there. So, we -- we spent several weeks working
on this when this all was passed. I don't know what happened
to it.
COMMISSIONER LETZ: I referred it back to the County
Attorney, and, you know, based on our conversations --
MR. EDWARDS: Not you, Judge. The prior judge.
COMMISSIONER LETZ: Yeah. The --
JUDGE TINLEY: I was drawing a blank, Danny. I
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appreciate you pointing that out.
COMMISSIONER LETZ: It was on the agenda during a
period, and then all of a sudden, the Legislature changed the
rules again and gave a -- I think a --
COMMISSIONER WILLIAMS: More time.
COMMISSIONER LETZ: -- moratorium for three years, I
think, and that's why I think during that period, it --
nothing was done. I have talked to the County Attorney and
asked him to relook at it, and he will be contacting you,
Mr. Edwards, about what needs to be done in the city of
Ingram. I suspect we need to do the same thing for the city
of Ingram, and it should be pretty simple. I mean, the
agreement we have with City of Kerrville is very simple.
JUDGE TINLEY: Anything further on this item?
COMMISSIONER BALDWIN: I was wondering if
Mr. Hofmann may have a comment to make. If he'd like to, I
certainly want to give him an opportunity.
JUDGE TINLEY: I looked at him a couple of times,
and he hasn't waved his arms, so I guess he's going to remain
mute on this.
MR. HOFMANN: I think Commissioner Letz' summary was
excellent.
COMMISSIONER WILLIAMS: I do want to ask one of the
questions that Leonard has here. It has to do with
maintenance of roads in the ETJ after they have been
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constructed and so forth. We continue to maintain them?
COMMISSIONER LETZ: Yes.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER NICHOLSON: The question about where's
the one stop, that's the one that concerns me. My reading of
the agreement, I thought, said that citizens and builders
wouldn't have to deal with both entities; that they'd be
dealing only with the City in the ETJ.
COMMISSIONER LETZ: That's right, they do. The City
deals with the County and the County deals with the City, but
the public deals with the City.
COMMISSIONER NICHOLSON: For me, that may be the
most important part of the whole agreement.
COMMISSIONER BALDWIN: Absolutely. It's the most
important to me. That's what it's all about. I couldn't care
less about all that other stuff.
JUDGE TINLEY: Anything else on that agenda item?
Let's move to Item 10; consider, discuss, and take appropriate
action on final plat approval for Neunhoffer Addition located
in Precinct 2.
MR. ODOM: Yes, sir. What you have before you is an
alternate platting process, and it's -- everything is fine.
What I do have is, I would like to recommend a final
contingent on having the mylars, because two owners need to
sign this. What we had was an illegal platting, and we're
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correcting that by this alternate plat process. And at this
time last week, they had not been able to contact those two
owners to get both their signatures on this plat.
COMMISSIONER WILLIAMS: Well, the approval date's
what's important, is it not? It's approved today, but --
MR. ODOM: Right, and contingent of having those
signatures. And I can sign it and then authorize the Judge to
sign it, and we'll have it finalized.
COMMISSIONER WILLIAMS: Leonard, we revised and did
this through the alternate plat process, and I don't
personally see anything wrong with it. Do you see any
problems?
MR. ODOM: No, sir, I don't.
COMMISSIONER WILLIAMS: I would move approval of the
subdivision plat revision of Neunhoffer Addition in Kerr
County, Precinct 2, as presented to us.
COMMISSIONER LETZ: And that's subject to retaining
-- obtaining all the signatures on the mylars?
COMMISSIONER WILLIAMS: Yes -- yeah. And authorize
the County Judge to sign same.
COMMISSIONER LETZ: Second.
DODGE TINLEY: Motion made and seconded for approval
of the agenda item as stated. Any further question or
comment?
COMMISSIONER BALDWIN: I'll make a comment, that the
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adjoining property here -- and this may be really a part of
the original properties -- is Julius Real and Oscar Neunhoffer
property, so they're some of the original -- original owners.
MR. ODOM: Original people.
COMMISSIONER BALDWIN: That's neat.
JUDGE TINLEY: Any further question or comment? All
in favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Let's, before
the break, go to Item 11; consider, discuss, and take
appropriate action on interlocal agreement with the City of
Kerrville concerning subdivision platting jurisdiction within
the ETJ.
COMMISSIONER LETZ: The agreement is before us. I
believe the City Council has already approved this. This
memorializes our agreement with City of Kerrville related to
platting in the ETJ. City of Kerrville will be the primary
party. I move approval of the agreement.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the interlocal agreement as stated in the agenda item.
COMMISSIONER LETZ: And authorize County Judge to
sign same.
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JUDGE TINLEY: Any question or comment on the
motion?
COMMISSIONER WILLIAMS: I just have one question.
Would this not become the format for a similar agreement
between the City of Ingram and --
COMMISSIONER LETZ: I would certainly think so. I
mean, the work's already done on it; we just need to forward
it to the City of Ingram.
MR. EDWARDS: I don't know what it says. Our
original agreement provided for the City of Ingram to take
over control of the --
COMMISSIONER LETZ: This would say the same thing.
MR. EDWARDS: -- the ETJ.
COMMISSIONER WILLIAMS: This would do the same
thing, only in current terms.
COMMISSIONER LETZ: We'll forward it to you. We'll
get it on our next agenda.
MR. EDWARDS: We'll work with you any way we can.
JUDGE TINLEY: Any further questions or comments on
the motion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Why don't we

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take about a 15-minute recess to give our reporter time to
refresh here.
(Recess taken from 10:31 a.m. to 10:45 a.m.)
JUDGE TINLEY: Let's come back to order, if we
might, after a short 15-minute recess. We'll move to Item 12;
consider, discuss, and take action to appoint four persons to
serve as members of the Emergency Service District Number 2,
Mountain Home Board of Commissioners. I would note that we
have a number of participation forms that have been given to
me in connection with this, and once we get opened up, why,
I'll get to you folks. Commissioner Nicholson?
COMMISSIONER NICHOLSON: Yes, sir. The Emergency
Service District Number 2 that's located in the Mountain Home
area is going to be two years old January lst, and we have the
first two-year appointment seats on that Board of
Commissioners expiring, so it's our duty to -- and we have one
other vacancy due to a resignation, so it's our duty to fill
those seats. And I'm going to make a proposal to do that, but
first I'm going to invite the ESD Board to -- to give a
summary of their efforts of the first two years. Corky
Henson, are you going to make the presentation?
MR. HENSON: I will. There's five copies there,
Dave. I'm F.C. Henson; I'm representing Kerr County Emergency
Services District Number 2 this morning. Good morning,
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gentlemen, and thank you for the opportunity to present the
Kerr County Emergency Services District annual report to you
today. While a copy of that report is being distributed,
perhaps a couple of words of introduction are appropriate.
Currently, Wes Patten, who's here with us today, is the Board
vice president. Cleo Meadow is secretary. John Gibbens is
Treasurer, and I am president of that board. It's my honor to
be so. Although such a report -- that is, an annual report --
is not required by law unless an emergency services district
lies in more than one county, the spirit of the law is clear.
An ESD board is required to, quote, administer the district in
accordance with, end quote, Chapter 775 of the Texas Health
and Safety Code. You, the Commissioners Court, are required
by the same statute to appoint the ESD Board. Clearly, you
need a way to monitor the conduct, the activities, and the
accomplishments of that board relative to the applicable Texas
statutes, so it's both appropriate and timely that we discuss
the activities and the accomplishments of Kerr County
Emergency Services Board Number 2 today.
Judge Tinley, with your permission, I'll address our
major accomplishments and financial results for the calendar
year 2005, as required by Chapter 775, and then I will invite
the Court's questions on our report. Having been authorized
by the voters of Mountain Home community in the fall of 2003,
Kerr County Emergency Services District Number 2 first levied
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an ad valorem tax in 2004 and began funding fire protection
services from those tax revenues early this year, early in
2005. The district board is subject, as I indicated, to
Chapter 775 of the Health and Safety Code, Chapter 171 of the
Local Government Code, and a number of other state statutes
that	apply to	taxing entities.	Our first responsibility rs to
the	district	taxpayer, and our	mission is to provide funding
for	improved	fire prevention an	d protection within Kerr County
Emergency Services District Number 2.
Some of our noteworthy accomplishments for 2005
include, first, in August of 2004, the board authorized a
$10,554.20 project to purchase individual firefighting
apparatus and communications gear for the Mountain Home
Volunteer Fire Department. That authorization was
incorporated in the district budget and the tax rate for
Fiscal Year 2005. Project was revised slightly in March of
2005, and amounted to about 65, or -- or 60 percent of our
entire budget for the year. Of the final $10,624.35 capital
expenditure authorized, $9,670.15 has been committed and spent
this year by the Mountain Home Volunteer Fire Department, and
the remaining $954 remains uncommitted. Details of the income
and expenditures are attached, and I'll touch briefly on those
in a moment.
A small committee of members of the Mountain Home
Volunteer Fire Department and the Emergency Services District
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was established early in 2005 to write grant applications for
applications, one of which was approved by the Texas Forest
Service for $108,000 to purchase a tanker truck. Project
funding requests were solicited from the fire department
beginning early in the year, in April. To support the fiscal
year 2006 budget and corresponding tax levy, a funding request
by the VFD for up to $56,000 in support of the purchase of a
new tanker truck was approved unanimously by the ESD Board in
August of 2005. This substantial multi-year commitment was
possible, as the ESD has the power to borrow against future
tax revenues. The first year's loan payment, approximately
$14,000 of that total, was approved in the fiscal year 2006
budget and in its tax rate. Subsequently, the Volunteer Fire
Department withdrew their request for funding, which reduced
the fiscal year 2006 budget by $14,000, from $19,000 to just a
little under $5,000, and the corresponding tax levy was
reduced to a little bit more than 8/10 cents per $100
valuation, a substantial savings for local taxpayers.
In keeping with the wisdom of "an ounce of
prevention is worth a pound of cure," the ESD provided
fundinq, and members of the district board, the Volunteer Fire
Department, Ladies Auxiliary, and local citizens provided the
volunteer labor to distribute some 700 copies of fire
protection literature to district property owners. The
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brochures were provided by Fire Wise at no cost to the
that landowners in the urban wildlands interface can take
individual and inexpensive action to reduce fire hazards
around their home and property. Financial records for the
Emergency Services District for fiscal year 2005, which ended
on September 30th, have been favorably audited by the Kerr
County Auditor, and this Court will receive a copy of that
audit under separate cover from the County Auditor's office.
Our plans for the upcoming year include continuing the fire
protection education for district citizens, to identify water
sources and ways of effecting deployment of those sources in
fire emergency, responding to our own areas growing needs for
improved emergency services, especially those supported by the
Mountain Home Volunteer Fire Department.
What follows	on your copy is a -	- is a summary	of
the calendar year 2005	financial summary.	I would point	out
that the statute requires a calendar-year summary. The audit
that you will receive -- or you may have already received
it -- covers the fiscal year, so those numbers don't match,
all right? One's for the calendar year; the other is fiscal
year. We started the year with a little over $3,200 in the
bank. We spent on fire protection projects a bit over
$10,000. Our	overhead	amounted to	about --	about $1,400, and
our balance as	of the	22nd of this	month is	$8,463.82. Are
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there any questions from the Court on that summary?
JUDGE TINLEY: Any member of the Court have any
questions for Mr. Henson? Thank you, sir. We appreciate it.
MR. HENSON: Thank you very much for the honor and
privilege of serving.
COMMISSIONER NICHOLSON: Okay. What we have is four
of the five seats on the ESD Number 2 board are due for
appointment. The term of the seat held by Steve Bauer, who
resigned, runs through 2006, and the seats held by Cleo
Meadow, John Gibbens, and F.C. Corky Henson are due for
two-year appointments. The term of the seat held by Wes
Patten does not expire until the end of 2006. Mr. Gibbens has
chosen not to stand for reappointment. These residents of the
ESD Number 2 district are nominated for election to the board:
Cleo Meadow to serve the one-year unexpired term of the seat
vacated by Steve Bauer. Ms. Meadow is an asset to the
district. She is secretary of the board, and she is willing
to serve one more year in order to provide needed continuity.
Mr. F.C. Corky Henson to be reappointed to a second two-year
term. Mr. Henson has served as president of the board, and he
has excellent leadership and organization skills. Mr. Joseph
H. Shafer, Jr., to be appointed to a two-year term.
Mr. Shafer is a retired engineer, has an M.B.A. He has
supported the fire department for many years, and did support
the establishment of the ESD Number 2. His management skills
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will be valuable on the board. Mrs. La Verne Talbert Boles to
be appointed to serve a two-year term. Ms. Boles has a B.S.
and M.S. degree from Baylor, is a graduate of Tivy High
School, is a retired educator, and has deep roots in the
Mountain Home area. Ms. Boles will be a valuable and credible
member of the board. So, I make the motion that we appoint to
the Mountain Home -- or the Emergency Service District Number
2 Mrs. Cleo Meadow to serve a one-year term, and to serve
two-year terms, Mr. F.C. Corky Henson, Mr. Joseph H. Shafer,
Jr., and Mrs. La Verne Talbert Boles.
JUDGE TINLEY: We have a number of members of the
public that have asked to have an opportunity to speak, and I
will go through those now. As I indicated, there are a number
of them, and in the interest of time, I would ask that the
speakers try not to be repetitious of what maybe a speaker
before them has already covered. But we do want to give you
the opportunity to be heard. Just er>ercise good judgment in
that regard, I would ask. The first one is Cleo Meadow.
COMMISSIONER LETZ: Judge, before you get -- I have
just kind of a procedural question, something I'm not sure of,
before we get to these.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: On the appointment. We make the
appointments. Are there nominations, or do we just make
appointments? And the reason I'm asking is that I received a
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letter for a nomination for somebody in addition to the ones
that were nominated by the ESD. So, I mean, is it, like -- do
we put all of the names into -- that are nominated in a hat
and pick from that? Or can we do -- we just do what we want?
7 don't know how -- I don't know how the law -- I don't know;
it's a legal question. I don't know.
COMMISSIONER BALDWIN: We]l, there's actually a
motion on the table.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER LETZ: Right.
COMMISSIONER WILLIAMS: No one seconded it.
COMMISSIONER LETZ: But --
COMMISSIONER NICHOLSON: We -- I don't think we're
bound by any process to seek nominations. I did receive from
two different sources, sources associated with the fire
department and sources associated with the ESD, I received
nominations, and I think all of you have seen some -- seen
those. Also had some other verbal suggestions. The four
nominations I made did include one person who was -- who was
nominated by both the participants in the fire department and
participants in the ESD, so that's either a good sign that
it's a bad nomination or a very good one. I think it's a very
good one.
COMMISSIONER BALDWIN: Very good one.
JUDGE TINLEY: 1n answer to your question,
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Commissioner, I don't think there's a formal nomination
process for appointing these members of the board. I do think
that through the process here today, the speakers will have an
opportunity to suggest to the Court possibly other members
that -- other citizens who meet the qualifications under the
law to serve, and that will give them the opportunity to have
their input into this issue.
COMMISSIONER NICHOLSON: At this point -- just one
more comment on that subject, Commissioner. It's my belief
that the fire department should not overly influence the
selection of -- of ESD commissioner appointments. I think
there needs to be an arm's-length relationship between those
two entities. And -- and a part of the role of the ESD is a
watchdog over -- over taxpayer funds. On the other hand, I
think also the ESD should not exert much influence on the --
the management and operation of a fire department. That's not
their role.
COMMISSIONER WILLIAMS: Question, Commissioner. The
names that you've put before the Court for consideration, are
they all just members of ESD Number 2, or are any of them also
members of the Mountain Home Volunteer Fire Department?
COMMISSIONER NICHOLSON: None of them are members of
the Mountain Home fire department. Some of them have been
associated with it in one way or another. And, again, I think
it would be inappropriate to have interlocking directorships.
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That would, in my opinion, tend to raise the question of
compromising the integrity of one of the boards.
COMMISSIONER LETZ: Thank you, Judge.
JUDGE TINLEY: Mrs. Meadow?
MS. MEADOW: My name's --
MR. SYFAN: If the Court please --
JUDGE TINLEY: If you'll come forward.
MR. SYFAN: I would request to lead off, if I may.
If -- would that be all right with you?
JUDGE TINLEY: Ms. Meadow, I had already called your
name. If you -- each of you, when I call your name, if you'll
come to the podium, please, and give your name and address,
and you'll be given an opportunity to speak.
MS. MEADOW: My name is Cleo Meadow, and I live at
149 Roaring Rock Road close to Mountain Home. I've been a
resident of this area all my life, and it's been a pleasure to
serve on the ESD Board at Mountain Home. And I fully support
this slate of -- of board members to be elected, and I just
want to say that our president, Mr. Henson, has led in a very
professional and informed way this year, and I would be
pleased to work with each one of them again.
JUDGE TINLEY: Thank you, ma'am.
COMMISSIONER NICHOLSON: Thank you for your service,
Ms. Meadow.
JUDGE TINLEY: Mr. Gibbens? Mr. John Gibbens.
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MR. GIBBENS: I'm John Gibbens. I live at Mountain
Home at 6395 I-10 West. I've served two years. I've been
living in Mountain Home since 1988. A couple of things I want
to point out. One is, this board has done everything possible
to administer the taxpayers' money fairly and within the laws
of the state of Texas, according to Chapter 775 of the
Constitution, which establishes this ESD Board. We have tried
to work with the fire department as best we could within the
laws, and not bend them or -- the problem has been lack of
cooperation with the fire department. And it's been -- well,
those few of you that might know me personally, I don't mince
words. We cannot cooperate with the management of the fire
department, the upper management. We have no problems with
the firefighters at Mountain Home. They do a wonderful job
and they're dedicated, just like we're dedicated to this board
to administer the laws of the state and try to protect the
taxpayers' money and spend it like we felt it should be spent.
But we got very little cooperation on some reports that were
due us by the -- a couple of people in the fire department
that I won't name, or -- but I think a lot of people know who
they are. They do not want to cooperate with us. And if you
don't keep integrity in this board that you're going to
appoint -- and it can't be mixed in with people that are in
the fire department in any way. They've got to be kept at
arm's length, like Mr. Nicholson said. They can't be
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intermingled. Then you're defeating the purpose of having
this board. Just give the tax money to the fire department
and let them go, and that's not the intent of this. I hope I
haven't made anybody mad. But you've got to have two separate
identities here, but they do have to cooperate. Now, there's
got to be some changes made, but I think the changes have to
be with management of the fire department, and it can be done.
It's just going to have to bite the bullet in some cases and
work with people and try to work things out. Thank you for
listening to me.
JUDGE TINLEY: Thank you, sir. Mr. Joe Shafer?
MR. SHAFER: My name is Joe Shafer, and I live at
135 Byas Springs Road West. I'd like to say that I've
attended most of the ESD Board meetings this past year, and I
found that everyone on the board has acted in a professional
manner and to the good of the taxpayer. I think a large --
large part of it is due to Corky Henson and his leadership
role, and I completely concur with everything that the board
has done. Thank you.
COMMISSIONER NICHOLSON: Thank you.
JUDGE TINLEY: Thank you, sir. Wesley J. Patten?
MR. PATTEN: I'm Wesley J. Patten. I am the vice
president of the board at the present time. I thank you for
this opportunity to speak to you. I feel like that as an ESD
Board, it has done everything unanimously this past year in
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all of our actions. We've discussed it. We've had open
discussions and followed the Open Meetings Act, as we should,
and we have done everything you asked me in our relationship
with the Mountain Home Volunteer Fire Department. If this
board can't support us -- if this County Commissioners cannot
support us -- you appointed us; we ask for your support now,
and Dave Nicholson -- support of Dave Nicholson as he presents
this list, then you haven't -- you shouldn't have appointed us
in the first place if you can't support us right now. Thank
you.
JUDGE TINLEY: Thank you, sir. Mr. Bernard Syfan?
MR. SYFAN: Gentlemen, there was a letter in the
Kerrville Times yesterday that said, in effect, that the fire
department decided not to respond to criticism. That was a
good tactic on their part. Don't talk about what you don't
want to have people to talk about. They have good reason to
do their talking behind closed doors. I hope that they have
not been completely successful. Members of the service
district board have been silent for another reason. They
hoped in vain that the fire department management would come
to its senses and decide to play by the accepted and
legislated rules of society. This hope has been in vain. It
has been said that all that is necessary to have tyranny
prevail is to have good people say nothing. We are here today
to be heard.
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It is sad to see that the Mountain Home fire
department management has stooped to seeking revenge on the
Emergency Service District Board for doing its duty as a
watchdog for public funds which have been entrusted to them by
this Court. The quietly pursued, yet unrelenting and
orchestrated attack on Corky Henson is -- is an attack on the
entire board. They believe in what they have been doing, and
will continue to do if allowed. They voted unanimously to
fulfill what they felt was their
public interest. The management
the other hand, has consistently
service district board in a mani
and has resorted to multiple and
the truth in their presentations
responsibility to protect the
of the fire department, on
and hostilely confronted the
~ulative and bullying fashion,
significant deviations from
to the Emergency Service
District Board and to the public. The law setting up service
districts, for good reason, specifically provides for the
separation between them and the organizations with which they
may choose to contract for emergency services. To give
credence to the fire department's drive -- should be "the fire
department management's drive" -- for revenge for the proper
and unanimous actions of the board would be a travesty of
justice.
It should be known that while he was a member of the
fire department, Corky Henson solely researched and wrote the
successful grant that was used to purchase the department's
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new brush truck in 2003. Then, as president of the ESD Board,
board and the fire department cooperatively make the
application that resulted in the department getting the
$108,000 grant that made the purchase of another new truck
possible. The specifications for the new tanker truck that
were used in the application were drawn up by Jim Haney of the
fire department, who also edited the application. Corky
Henson did all of the research and composed the successful
grant application. There was good cooperation between the
fire department and the district. It was the management of
the department that has failed us. Ask yourselves, would any
support of this sought revenge against the people doing their
best to uphold the law be proper -- a proper way to show
appreciation for dedicated and effective public service? Or
will you decide to reward those who shamelessly ignore the
rules of society? I thank you for this opportunity.
JUDGE TINLEY: Thank you sir. Stephen Bauer?
MR. BAUER: I'm Stephen Bauer. I reside at 140
Kensing Road. Been a member of the ESD area for eight years,
since -- or since 1988, when I moved into that area. I
appreciate the opportunity to address this Court on this
matter this morning. The Mountain Home Volunteer Fire
Department provides a valuable service to the community, and
the volunteers should be commended for those services. The
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ESD also provides a valuable service to the community by
serving as stewards of the tax dollars and moneys collected
from those district citizens. These volunteers, as appointed
to fulfill their duties to the taxpayers of the ESD. The
Mountain Home Volunteer Fire Department, as in times past,
seeks to influence the decisions made by the ESD Board by
striking against the leadership of the board, Corky Henson.
For this reason and others, the laws establishing the ESD call
for a separation between the ESD and the emergency services
with which they choose to contract. As the Court knows, good
leadership is invaluable in a volunteer organization such as
the ESD. Corky Henson and this board have displayed strong
leadership by voting unanimously on matters of responsibility
concerning the managing of the district's tax moneys. Corky
has given unselfishly of his time to help the Mountain Home
Volunteer Fire Department to write grant applications. One,
as previously mentioned, was for the $108,000 grant which has
enabled the fire department to purchase their newest truck.
He has also assisted in other successful grant applications
for the fire department.
As this Court is well aware, many times decisions
made by these boards, such as the ESD and others, concerning
responsible management of tax moneys are not always favorable
to the public. As stated earlier, these decisions made by the
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board have been unanimous. They have been opposed only by a
small handful of the Mountain Home Volunteer Fire Department
who are resistant to change and want total control, not only
of the Mountain Home Volunteer Fire Department, but also of
the ESD. I ask you to consider this in making your decision
for your appointments to the ESD Board. Leaders should be
chosen on their ability to lead and direct and make sound
legal decisions based on facts and truths. They should not be
chosen based on retaliatory actions of a small group who wants
to influence the selection of the ESD Board. Thank you for
this opportunity.
JUDGE TINLEY: Thank you, sir. Jean H. Henson.
MS. HENSON: I will pass to the next one.
JUDGE TINLEY: All right, thank you. Jim Anderson.
MR. ANDERSON: Thank you, gentlemen, for listening
to what I have to say this afternoon. I came in --
originally, I sent to you over the weekend e-mails explaining
my position as a director of the Mountain Home Volunteer Fire
Department. I do not live in the district; I'm a volunteer
outside of my area. I live in the Ingram district. Two years
ago, I was elected unanimously by the firefighters of our fire
department to be a director. The people of Mountain Home
Volunteer Fire Department support an ESD district for our
area. It's needed. We don't have the capital in most cases
to go out and buy what we need to buy, so the ESD was created,

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and we appreciate the ESD. We don't have a problem with four
of the members that have been recommended by the ESD. One of
them I don't know very well. One of them was nominated by
both parties, which I think is an er,cellent choice. A third
one has served two years and is willing to come back and serve
another year, and we agree with that. I do. I do not agree
with the fact that the board is trying to dominate the ESD.
We have submitted names to you for recommendation to
the board. It's not necessary -- in fact, I haven't given
much thought about who would be the fifth person on the board.
It's just that, in my opinion, we need to eliminate one
individual that's on the board today. I don't care who you
replace him with. I don't care if you replace him with
someone that's other than the individual that has been
recommended, or if you want to select someone from the fire
department. That's up to y'all. But we have a conflict of
wills and people in the fire department and ESD. Some of that
was brought out earlier. It exists. It's not going to
change. Things have been done in the past year that have
irrevocably ruined the opportunity to get the two sides
together. I thank you for your time. I appreciate your
consideration, and thank you.
DODGE TINLEY: Thank you, sir. Steve Goebel?
MR. GOEBEL: Judge, I have also -- when I wrap up
here, I'd like to save a stamp and drop off the contract
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between the Mountain Home Fire Department and the -- and Kerr
County, if you don't mind, sir. First of all, I'd like to
Volunteer Fire Department, and I am thrilled to have inherited
this situation. It has caused me a great loss of sleep at
night, and I come to you looking for suggestions. Thank you
for letting me come this morning. My wife and I ranch on
Midway Road. Don't know the exact address; it's the south end
of the highway -- or south end of the road.
I am a Mountain Home volunteer firefighter, and I've
only been here a relatively short time, but since being
elected to our board and becoming more deeply involved in the
community, I've spoken with many residents and I've learned a
great deal in a very short time. As you know, relations
between the volunteer fire department in Mountain Home and ESD
Number 2 are extremely strained. From what I've learned, the
primary source or the primary cause of this friction between
the two organizations is some sort of personal feud between
the chief of the department and the president of the ESD,
Corky Henson, a former volunteer firefighter in Mountain Home,
and appointee who we have just learned is being reconsidered
for -- or being considered for reappointment. From my
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perspective as a citizen, and lately as a firefighter, let me
tell you of the impressions I've received from watching Corky
Henson's leadership of the ESD. At different ESD meetings,
I've personally watched him confront and antagonize the chief
our community. Corky and at least one other person actively
campaigned against that truck. The ESD, under his direction,
budgeted absolutely zero dollars to support the volunteer fire
department for 2006. Under his direction, the ESD now finds
itself collecting hard-earned taxpayer dollars just to
maintain its own existence, and is not supporting the
financial need of its own fire department. How is our
community better off? Our ESD was founded with the noblest of
intentions. Our community realized that the department's
responsibilities were rapidly outgrowing its ability to
attract enough voluntary contributions, and that additional
resources were needed. In spite of the recent turbulence, I
and most of our firefighters and fellow citizens believe in
the concept of ESD's, and believe that a cooperative and
congenial relationship between the ESD and our department is
urgently needed. In my view, such a positive relationship is
possible only with removal of anyone involved in the feud that
I mentioned earlier.
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Let me mention some of the things that have changed
at the volunteer fire department in the last couple of months.
The fire department Board of Directors is now solely
department, no longer the chief. The board president is now
the primary spokesman for the department at the ESD, no longer
the chief. The board, and not the chief, now calls dedicated
business meetings so as to not detract from the department's
training needs. The ladies auxiliary of the volunteer fire
department has returned monies to the department that it had
collected over the years and held in the department's behalf.
As is only right, though, the fire chief must remain in
operational control of the department during emergencies.
Changes at the ESD are mandated also, and this is where our
community -- our community desperately needs the help of the
entire Commissioners Court. Our community and our volunteer
firefighters deserve an ESD composed of reasonable and
fair-minded citizens, not a person with a vendetta or a person
involved in a destructive and divisive feud. Please do the
right thing in appointing new members to our ESD. Thank you.
Judge, I'm available for questions at any time. Thank you all
for your past support.
JUDGE TINLEY: Thank you, sir. Is there any other
member of the public here who's not already spoken that wishes
to be heard on this issue? I just want to make sure everybody
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gets an opportunity. I have a motion on the floor made by
Commissioner Nicholson, for which presently we have no second.
Do I hear a second to the motion?
(No response.)
JUDGE TINLEY: The motion by Commissioner Nicholson
dies for lack of a second. Do I hear any further motions?
COMMISSIONER LETZ: I have a question, or --
COMMISSIONER BALDWIN: I have some comments to make.
Judge, looking at the annual report, it talks about the
funding of the tanker truck, reducing budgets and reducing tax
levies, et cetera, et cetera. That was the issue that kind of
lit my fire, 'cause I look at the thing as the -- the
citizens, the property owners, the taxpayers, who are the
owners out there, voted to put an ESD in place in order to
raise funds to protect their life and property. It's really
that simple. And in doing that, suddenly there's this
contest -- and I'm not real sure where it is. I haven't been
involved; just read the paper and listen to -- listen to you
all talk. There's this contest between the ESD Board and the
fire department, and we have all watched -- watched it through
the last year or so. And a month or so ago, Mr. Nicholson,
that I know has been working hard on this issue, came in here
and reported that he thought that we're all going to kiss and
make up. I can't remember your exact words, but those are my
translation of your report. And shortly thereafter, I hear
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about Texas Rangers investigating fire department members, and
that just doesn't sound like cooperation and kissing and
making up to me. It just sounds like that it's added on. And
your comments earlier, I mean, that -- that wasn't any kissing
and making up in that. I mean, you basically called them
liars and thieves.
MR. SYFAN: That's because they were, sir.
COMMISSIONER BALDWIN: See, I don't know that, and I
think it's extremely inappropriate for you to say that. I
really do. You know, those -- those things bother me, being a
fourth-generation Kerr County boy, and -- and in love with the
western end of the county in particular. It just -- it
bothers me that we get into these ego contests that nobody
wins, including the taxpayers. And, you know, this thing of
-- you know, it seems to me, the way I saw it was the fire
department wanted to buy some kind of truck, and the ES -- the
Board comes along and says, "NO, we -- you're ordering the
wrong color, or the tires are too big, muffler's too loud. We
want you to buy this kind." And fire department says, "No, we
don't want your money; we're going to go..." -- whatever all
that was about, and go off and do it. And then -- and then I
don't know if it -- the board acted gut of anger or acted out
of getting even with them-ism, or what it might be, but you
come along and lower the tax rate.
And I know that each one of you board members
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disagree with me on that, but I think that's one of the most
foolish things you could possibly do. The people voted this
ESD to be in place to raise funds to support that department
out there, to protect their lives and properties, and you're
making it difficult to do. Now, I'm not totally convinced yet
that that does not affect Mrs. Rector's operation down there.
I just don't know. To move the tax rate from one point to
another during the year, I mean, I just can't get it straight
in my mind that that's okay. There has to be a problem with
that. And she's got a great calculator or whatever, but it's
just my opinion that the tax rate needs to be set to where it
can raise funds out there to support that department, because
I think that's what the taxpayers voted to do. And to -- to
move that around, to move it down to -- and I think I'm
reading here, 0.0081 cents per $100 value, that's basically
nothing. And that -- that looks like to me that was an action
of anger or you're going to get even with somebody, and I
dislike that very much.
So, I see -- I see a problem with the ESD Board, and
I'm going to tell you right now, I see a problem with the fire
department as well. If I had the opportunity to vote on the
Board of Directors in the fire department, Mr. Hall would be
removed today, but I don't have that authority. I don't have
that opportunity. Yet. I may come out there and live amongst
y'all in a few years and vote myself, but -- then I'll vote
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him out at that point. But if I had that opportunity, I would
remove him as well. I think there's a major problem, and --
and I think that this Commissioners Court needs to address
that major problem on behalf of the taxpayers. So, I'm not
going to -- I'm going to support -- I will not support
Mr. Henson's reappointment.
COMMISSIONER LETZ: I have a question. I don't know
if it's -- Mr. Henson can answer it, or maybe Mr. Nicholson
can. On the same tax rate issue, and that's my big problem
that I see also, so I pretty much agree with Commissioner
Baldwin on the fact that two years ago, the citizens voted in
a tax rate and a -- the ESD, and I can't -- was it three
cents? What was the levy previously before it was reduced?
MR. HENSON: Three and a half cents per $100
valuation.
COMMISSIONER LETZ: So, three and a half raised
16,990?
MS. HENSON:
For the fiscal year, i
COMMISSIONER
MR. HENSON:
COMMISSIONER
19,000 -- round it up
4,000. 4,000 to 5,000
future.
You're looking at the calendar year.
was a little bit in excess of 19,000.
LETZ: 19,000?
Yes, sir.
LETZ: So we've gone down from
- down to raising around 5,000 or so,
is what's going to be raised in the
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MS. HENSON: Exactly the amount that the fire
department removed from the budget. We are an entity, as you
are, that sets taxes according to the laws of the state of
Texas, which means first we have to set a budget. We also
have to re -- have to receive requests from the fire
department for funds in order to set that budget. At the
point in which the budget was reduced, we had no requests for
funding from the fire department. The fire department had
withdrawn their earlier request for funding for the tanker
truck. We had no replacement requests for funding.
COMMISSIONER LETZ: So, next year you can -- if they
give you a request, you can just raise taxes next year?
MR. HENSON: You bet.
COMMISSIONER LETZ: I thought the ESD -- I didn't
know -- I was not aware the ESD can change your --
MR. GIBBENS: We had no requirement, so we lowered
the tax rate on the taxpayers. We had no need for the extra
money.
MR. HENSON: Our upper limit is 10 cents per $100
valuation by statute. The initial year we set at three and a
half cents. We can increase that limit subject to the tax
laws, all right? Rollback provisions apply. But the
justification for those funds comes ultimately from the fire
department, and that's what the --
COMMISSIONER LETZ: Mr. Anderson had his hand up. I
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believe it's Mr. Anderson.
MR. ANDERSON: I'd like to bring to the
their meeting on the second Thursday of the month, they
approved a rate of .0311, which is basically the same as the
3.50, as the year before, because our increased value went up
and	they kept	the	amount --	the same	amount	. Hurricane	Rita
came	through,	and	Hurricane	Rita --	Travis	Hall, who is	our
chief, and many other D.P.S. personnel were moved to the
Jasper area for security purposes. During that period of time
in which he was gone, the ESD called a special meeting, posted
it properly at the post office, made notification at the post
office and held a meeting on or about the 27th or 29th of
September, and cut the rate.
True, we had decided not to ask the ESD for
assistance in acquiring the truck, which was not more than
$Sti,000, is what we asked for. We were going to go through
the Buy Board and do it through the Buy Board, expeditiously.
We have a nine-month commitment with the Texas Forest Service
that the truck must be in our barn and operational within nine
months. We had a sales price from Pierce Manufacturing,
Incorporated for September the 30th, or -- 30th, at which time
the sale price disappeared. That was the end of their working
year, and so the price was good for a period of about 30, 45
days. And we had asked the ESD Board to consider a Buy Board
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purchase of a truck, which they denied. The original purchase
of the tanker truck was the $137,000 that was on the grant
form for the 108,000 we received from the Texas Forest
Service.
The fire department felt that it was in the best
interest of the community to upgrade that tanker-pumper truck
at this time so that it would be foam capable and have
extinguishers on it. We have six extinguishers on this truck;
it's a new truck. It has four foam lines, two reel lines of
about 200 feet apier_e, and two overlay lines which are capable
of foaming, which increases the rate of water to a
three-to-one ratio with foam. All of us know that in west
Kerr County, the water is not really available to us on a
moment's notice, and so we felt like with a second foam truck,
that would put us up about 8,400 gallons of foamed water that
we could take on any -- just about any fire that came up at
the time. But the tax rate was reduced to eight-tenths of one
percent in a vindictive way, in my opinion, because they had
set the rate and less than three weeks later, they reduced it
from .0311 percent to eight-tenths of one percent. Thank you.
COMMISSIONER LETZ: I guess, you know, I'm not real
sure I understand why the ESD lowered the tax rate to the
extent they did, but they did. My biggest concern is really
just that there's two entities out there that have to get
along, and they're obviously not getting along. And the board
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needs to -- my position is, what I'm hearing from the nominees
that all spoke here today is that it's "my way or the highway"
at the fire department, and that isn't going to work. The ESD
Board has got to get along with the fire department, and until
a board comes -- a slate of candidates can come forward that
there's at least some agreement on, I just think we're just
perpetuating a problem out in west Kerr County, and the whole
reason we did the ESD. That's just how I see it.
COMMISSIONER WILLIAMS: I'd like to weigh-in on
that, too. I'm troubled by the seemingly inability to
reconcile the differences, and what's at stake is public
safety and the taxation which you have the authority to level
-- levy. And I -- I really would like to see a slate of
officers or directors presented to Commissioners Court that
all entities involved can endorse, as opposed to this
conflict. If the Court takes one action or the other today,
we have, in effect, perpetuated the conflict, and I, for one,
am not willing to do that.
MR. PATTEN: Mr. Tinley -- Judge Tinley? Since your
board. If you can't support us, I'd offer my resignation to
you, and you can put five people out there if you think they
can do the job. The reason the rate -- right now, to answer
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some questions before I get to sit down, the reason the rate
was reduced is because we could not justify it in our budget
process without having a place for the money to go. We're not
going to be like some of the taxing entities in Kerr County
that build a large reserve with no intent or purpose for it
being there. I've heard Mr. Baldwin speak about that at some
time in the past, about some of our taxing entities here that
he has no control over that have a large reserve with no
intent to spend it. We were not going to be that kind of a
board.
We only want to tax the people for money that we
have a use for, and since we didn't have a use for any more
money than that, by law, we had to make a bond for that, we
had to pay for the -- the Tax Collector, the appraisal
district, so we have a bottom floor that that's as low as we
can go, and that's exactly the money we tax the people for,
just to keep us in existence. Next year -- this coming year,
if they present us with -- if they present the board with a
project that they need money for, we'll be happy -- if this
board was still in existence, we'd be happy to consider that.
They withdrew their request because we tried to follow what we
considered the state law. We wanted to -- a bid process on
the truck. We didn't care whether they got it from Pierce or
from somebody else. We asked them to specify what they
needed, which could have been a delivery date, and they chose
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not to do that. That -- those are the facts. I also
expressed a problem with the fact that when we lowered the
rate, that we would have to go through this part, that we
could have a rollback. I don't have any problem going to
people and telling them, "Hey, we got to raise the taxes above
what you can call us for a rollback," if there's a need there.
But I'm certainly not going to do it unless there's really a
need. Thank you for your consideration.
COMMISSIONER BALDWIN: Did you just resign?
MR. PATTEN: I resign. If you -- if you can't put
faith in this board as we currently existed and as we
recommended to you, then I don't want to be a part of a board
that you don't have confidence in.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER LETZ: I guess my -- two comments.
One, you know, I don't -- I want boards to think independently
and -- and, you know, do what they think is right. You know,
so the fact that the -- I mean, I don't expect a board always
to be in total agreement. But going back to the tax rate
thing, unless my memory is wrong, I remember when we -- the
whole discussion when the ESD was formed, before it went
before the voters, was that it was -- and the request was that
three and a half cents, or a very -- a lot less than we could
do, was that, yes, it wasn't going to raise much money, but it
will be a little bit, and over time they could build some
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money to	do	some good.	And	y'all have done	just the opposite
of that,	and	that's what	the	voters agreed	to, and that's -- I
cut the reserves down to make it bring in a total revenue of
$5,000, with the expense of firefighting equipment, I just
don't see how that's a prudent thing to do when you're trying
to fight -- or when you're -- when the only way for you really
to provide a fire service right now is through the Mountain
Home Volunteer Fire Department. If there's another service
out there, they're going to need funding as well. I just -- I
don't understand the cut to the point you did, and I think
that it's contrary to what the voters voted on.
COMMISSIONER NICHOLSON: Commissioner, I --
MR. SYFAN: I'd like to speak to that.
COMMISSIONER NICHOLSON: It's my turn to talk. I
have a different point of view. I -- I think it's
inappropriate for government to take money away from taxpayers
and put it in its savings account. The Board had nothing to
spend any money on for this year except their required
expenditures. The only -- they had approved a request from
the fire department. The fire department subsequently
withdrew the request. They had no -- no projects to spend any
money on in that tax year, and I think it's wrong to take
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money from taxpayers and put it in a savings account.
JUDGE TINLEY: Mr. Goebel was asking to be
COMMISSIONER WILLIAMS: Let me ask the Commissioner
a question first, Judge
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: Can somebody please tell me
why the request for funding for 56,000 or whatever it was for
a fire truck was withdrawn? What was the reason behind that?
I'd like to hear from the fire department and somebody else;
I'd like to hear two responses. I hear -- I see a fire --
JUDGE TINLEY: Mr. Anderson?
MR. ANDERSON: The fire department withdrew its
request for the $56,000. During that period of time of
September -- between the time they had set the tax rate, from
that date to less than three weeks later, when they cut it to
almost nothing, the reason we withdraw our request for the --
for their assistance to purchase a truck was the time
constraints that we were under. We had the possibility of --
of acquiring an 1,800-gallon pumper tanker, which included the
$108,000 grant. They didn't want to go the Buy Board route,
which they had that option. They elected not to take the
option. They elected for us to sit down and draw up
specifications for three or four different companies in that
short a period of time. We didn't -- in a volunteer
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organization such as a fire department, we all work for a
living. When I leave here today, I'm going to Ozona to go
back to work. But that is why we said, "Thank you, but no
thank you; we'll do it on our own." And that's what we're
going to try and do.
We acquired a truck this past Thursday, and it's
outfitted to go and fight a fire right now. We did that on
Friday morning. We serviced it, we foamed it, we watered it,
we put hoses on it, and we have mobile communications. The
radio has not been installed. If the radio is installed, it's
ready to go. That is why the fire department withdrew its
request for the less than $56,000 from them. Probably would
have been in the neighborhood of $49,000 by the time we got
the price down from 170,000 to $163,631, with all the whistles
and bells that we had requested, because it was our opinion
the truck is going to be with us for 10 to 20 years; that it
may be a little bit more than what we need today, but I doubt
it. It could -- it's going to be used. But over a period of
time, as west Kerr County continues to grow, as it's grown in
the past couple of years, we're going to have a need for that
fire truck -- a very strong need for that fire truck in
fighting possibly structure fires. So, that is the reason we
had said --
COMMISSIONER WILLIAMS: Well, that causes me to ask
a follow-up question.
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MR. ANDERSON: Okay.
COMMISSIONER WILLIAMS: Which is, is this the sole
reason -- underlying reason for this dispute? Or are there
other underlying reasons for this dispute?
MR. ANDERSON: The -- the original -- in my opinion,
the original dispute is between the two heads of -- of these
two organizations; Travis Hall, who is chief, and Corky
Henson, who was a firefighter at one time. Corky, to the best
of my knowledge -- and I overheard this conversation myself
between Corky and Travis when it was being discussed. If
you're going to be a volunteer in this organization, you got
to show up at 3:30 or 4:30 in the morning when we're called
out. You can't turn your pager off. You got to get up and go
like everybody else does. That's where all this comes from.
It comes from a firefighter that was going to be a volunteer
on his basis, and not on -- on the department's policy. A
volunteer is a volunteer, and that's how Travis wanted him to
be. A short time later, Jerry Wheeler, who also lives on the
same road, wanted to be fire chief. Corky nominated Jerry for
fire chief. He didn't get a second. Jerry Wheeler quit.
Corky quit shortly thereafter. The ESD was organized and set
up, and Corky was appointed head of the ESD, and Travis is
chief of the fire department, and the two of them have never
gee-hawed at all during that period of time. We had an
election this past October, an annual election of the fire
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department, and Travis Hall was unanimously voted in as chief
without any er,ceptions. And so we've got a chief that is
responsible, is knowledgeable, he's experienced, and he's well
liked by most of the people in the department.
COMMISSIONER WILLIAMS: Thank you. Somewhere Sown
the line, it seems we've lost the ability of reasonable people
to resolve differences, and that's very troubling.
JUDGE TINLEY: Mr. Goebel? You've been asking to be
recognized for some time.
MR. GOEBEL: Yes, sir, thank you. Just a reassuring
note. The volunteer fire department does have the financial
wherewithal to be in existence and to be thriving for the next
12 months, and that includes the $7,000-some-odd note payment
due on this new truck. When the fire department bought this
new truck, it did make -- make use of a grant from the Forest
Service, and I commend Corky for contributing to that grant
request. I commend every citizen that helps the fire
department and contributes to the community. Okay. On a
personal note, and as, I guess, an official stand of the fire
department, as I am now the president of the board.
Gentlemen, an ESD is needed. We completely endorse the
concept of an ESD. It's important. It is vital to our
community. And, lastly, I would like to echo Commissioner
Baldwin's comments. Shame on anyone who has allowed a
personal feud to allow neighbors to be against neighbors, to
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divide the community and to poison the relations between a
department composed of volunteers and an ESD composed of
volunteers. Gentlemen, thank you.
JUDGE TINLEY: Thank you, sir. Mr. Gibbens, you had
MR. GIBBENS: Well, if you want to talk about feuds,
gentlemen, this is not a one-way feud by any means. Mr. Hall
is going to run that area out there. I didn't get up -- come
here today to name names, but names have been named.
Mr. Henson is a gentleman. He's got as much integrity, I
would say, as anybody here. Now, if you're going to tear down
people, there's other people need to be teared down involved
in this thing, too. We voted unanimously, all five of us, and
we've never been coerced into a vote in the last two years to
make anything unanimous. We voted like we felt, all five of
us on this board. We voted that tax rate down because we
thought our job as the ESD Board was to raise taxes to support
the volunteer fire department. That's the only reason we're
there, to support the volunteer fire department. Since they
saw fit not to furnish us with a budget that we could support,
because Mr. Hall didn't want it the way we felt like we had to
operate under our guidelines and bylaws and -- and things --
well, you go out on bids and maybe save $90,000 or $20,000 on
the same truck they wanted, but they might have to justify --
some justification as to what they wanted on their truck. And
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it might be three or four months later, which we would foot
the bill on the cost.
Mr. Hall wanted to show us he didn't need us, so
that they withdrew their project. All right. We're not going
to stick it to our taxpayers. We're not a collecting agent
just to put it over here in the bank somewhere. We don't need
it, because we didn't have a project we wanted to spend it on
other than our -- just our operating things. So, yes, we got
a deadlock out there, but don't put all one side on both
entities, because then you're going to get no accountability
at all if the fire department's going to have members in both
areas. Because right now, the fire department don't want to
account to anybody. The management, the head -- the chief.
That's all I got to say. I'm going out. And I enjoyed the
first year of the two years, until it come down to where we
had to put our foot down because we weren't getting any
cooperation. That's all it amounted to. So, then things
began to knock heads. But don't blame Corky. Corky did the
best job I ever saw of being president of an organization that
was getting no cooperation and trying to get some cooperation,
but he couldn't get it. He won't get it from the present
management.
JUDGE TINLEY: Thank you, sir. Is there any member
of the Court that has anything further to offer on this agenda
item?
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COMMISSIONER BALDWIN: I do. And this is not going
to take over three or four hours, so -- I promise. I don't
know Mr. Shafer. Just simply don't know the person, but I
remember in your comments that he's very highly qualified and
very professional. You know, if I could see maybe one of
these -- these names from the fire department group go over
there and fill in that number three slot, like Mr. Lamb, for
example, or Mrs. Bloys -- Mrs. Bloys, probably, that has
expressed over and over the desire and the willingness to
serve on this board. If we could get her put in there in that
number three slot, and if we could get some kind of commitment
from the board and the fire department to sit down like grown
people and representatives of the taxpayers and work this --
work this issue out -- if nothing else, get some boxing gloves
and go down on the creek and get it over with. That's what I
would prefer. I'd love to watch that.
COMMISSIONER LETZ: Commissioner?
COMMISSIONER BALDWIN: Be reasonable men and sit
down and work these issues out. And I know it can be done. I
know -- see, there's a negative right there. That -- that is
so incredible when y'all act that way. I know Travis Hall is
a hard-headed little jackass. I know that.
MR. GIBBENS: You said it.
COMMISSIONER BALDWIN: That's right. Well, I know
it a lot better than you do, believe me.
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MR. GIBBENS: I know it.
COMMISSIONER BALDWIN: But I also know that if you
sit down with that man over a period of time and be
reasonable, that you're going to make an agreement with him;
there is no doubt in my mind. So, you know, coming in here
and throwing rocks at people, that's not going to cut it with
this group of guys, I can tell you that. So what I'm saying
is, is I'm willing to go with your motion if you can amend
that -- amend that one slot.
COMMISSIONER LETZ: So -- I mean, so you want to
insert Mrs. Bloys for Mr. Shafer?
COMMISSIONER BALDWIN: Correct.
COMMISSIONER WILLIAMS: No, that's not what you
said.
COMMISSIONER BALDWIN: Yeah, that's exactly what I
said.
COMMISSIONER
COMMISSIONER
COMMISSIONER
COMMISSIONER
that, and I don't have
But I do -- I mean, I
along with that, I can
But my biggest concern
to figure out how to g
WILLIAMS: To substitute her for who?
BALDWIN: This Mr. Shafer.
WILLIAMS: Okay.
LETZ: I don't have a problem with
a problem with Mr. Henson specifically
-- if Commissioner, Precinct 4, can go
go along with that settlement here.
is not getting along. Y'all have got
=_t along, because there's no -- I mean,
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it isn't going to work otherwise. And I don't think it's
Mr. Henson's fault. I don't think it's Mr. Hall's fault.
Probably some of -- usually, when something like this happens,
it's somewhere in between. But for the betterment of the
people in that ESD who are served by that fire department,
there's got to be cooperation and agreement between those two
entities. And, you know, I'm -- it sounds like the fire
department understands that there is some problem with Mr.
Hall, and they've made some changes in their organization to
accommodate that. That -- I'm glad to see that. But I think
the ESD needs to put forth an effort as well. Anyway --
DODGE TINLEY: I'm trying to figure out if I -- the
last I knew, I didn't have a motion.
COMMISSIONER BALDWIN: Oh, that's right. It's up to
you, sir. No deal?
COMMISSIONER NICHOLSON: I don't -- frankly, I don't
know how many vacancies we have to fill.
COMMISSIONER BALDWIN: Four.
DODGE TINLEY: At least four.
COMMISSIONER BALDWIN: Oh.
MR. PATTEN: I was just saying if you can't support
it, I'd offer my resignation.
COMMISSIONER BALDWIN: No, I heard you resign.
MR. PATTEN: I said if you can't support the board,
I'll --
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COMMISSIONER BALDWIN: Didn't I hear you say that
you resigned? Doug? I mean, you --
MR. PATTEN: I'll resign if you want me to.
COMMISSIONER BALDWIN: You either resign or you
don't.
MR. PATTEN: If you want me to resign, I'll resign.
That's what I'm saying.
COMMISSIONER BALDWIN: It's not my wishes; it was
you.
MR. PATTEN: If the board -- County Commissioners
can't support the board they appointed, I'll resign.
COMMISSIONER BALDWIN: I understand that.
MR. PATTEN: And you can start your board all over.
COMMISSIONER BALDWIN: Yeah, we might do that too.
What was you saying?
MS. MEADOW: Well, I don't understand your
substituting a person that we don't know -- we don't know her
qualifications -- for Mr. Shafer, who has qualifications.
COMMISSIONER BALDWIN: I'm the one that's voting
here, though, and I'm -- I'm having a hard time voting for
someone that I don't know, is the whole point.
MR. GIBBENS: Which five were you proposing there
when you said that?
COMMISSIONER BALDWIN: Mrs. Meadows, Mr. Henson, Ms.
Boles -- exactly what you want, except for one person.
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MR. GIBBENS: Except for the one.
COMMISSIONER BALDWIN: Except for Mr. Shafer that I
simply don't know.
MR. GIBBENS: And that left -- Mr. Patten was still
on the list?
COMMISSIONER BALDWIN: Mr. Patten is still on the
board until we receive something in writing that he doesn't
want to be there.
MR. GIBBENS: So you're dust changing the one name
out for the
COMMISSIONER
MR. GIBBENS:
speaking about?
COMMISSIONER
fire department as wel
COMMISSIONER
COMMISSIONER
Bloys.
BALDWIN: Yes, sir.
-- other one? That's what you were
LETZ: Ms. Bloys is supported by the
1, I believe, on the list we got.
WILLIAMS: Ms. Boles?
LETZ: Bloys. There's a Boles and a
COMMISSIONER BALDWIN:
That is correct.
JUDGE TINLEY: Evelyn
the two individuals. Was that a
COMMISSIONER BALDWIN:
a nod from down at the other end
JUDGE TINLEY: Okay.
You're -- that's correct.
31oys and La Verne Boles are
motion, Commissioner?
Well, I kind of wanted to get
of the table.
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COMMISSIONER BALDWIN: I'd like to move that we
reappoint Ms. Cleo Meadows, Evelyn Bloys, F.C. Corky Henson,
and La Verne Talbert Boles to the -- whatever board that --
ESD Number 2 Board.
JUDGE TINLEY: I have a motion on the floor. Do I
hear a second?
COMMISSIONER NICHOLSON: I second.
JUDGE TINLEY: I have a motion and a second. 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.
COMMISSIONER NICHOLSON: Judge, without starting
another discussion, I just want to offer to the fire
department and to the ESD that one source of assistance that
you might get would be nonbinding mediation. We have a
mediation service here in the county. It costs little or
nothing; if it costs something, I'll pay for it. And it has
the possibility of helping you all get past these personality
I issues.
COMMISSIONER BALDWIN: That's an excellent idea.
COMMISSIONER NICHOLSON: Just a suggestion. If you
want for me to be involved, I'd have to hear from both sides
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that, "Yeah, we want to try that." And if I hear from both
sides, I'll help you get it started.
COMMISSIONER BALDWIN: Excellent.
COMMISSIONER LETZ: Hope we don't go through this
again next year. Good luck.
COMMISSIONER BALDWIN: Y'all need to be proud of
your Commissioner; a good, hardworking man. He truly is.
DODGE TINLEY: Okay. We're at straight-up noon.
We're obviously not going to get through by lunchtime. I
notice there are a number of City people here today, and we
may want to go ahead and try and get to that issue before
lunch. I assume we're talking about Item 15; would that be
correct? So, let's move to Item 15, if we might; consider,
discuss, and take action on the 2005-2006 library budget.
Commissioner Nicholson, you seem to find these hot-button
items.
COMMISSIONER NICHOLSON: Well, this is really just a
report. I could have made it in the report section as
liaison. I don't see any action is necessary; it's just
letting you know that the Library Director has let us know
that there's -- that the three-year average requirement for
being eligible for membership in the State Library system was,
on the one hand, one way of maintaining membership, but
there's another formula that we overlooked or didn't know
about, and that second formula is $13.50 per capita. That
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provides a much lower threshold for a budget to continue to be
qualified to be in the State Library system and reap the
benefits of that membership. So, what that says is that when
we were discussing the budget, we were not putting the
membership in jeopardy at a lower level, much lower than we
had funded it in the past, but that it would not be in
jeopardy until we got down to a $617,000 level. The only
other thing -- the one other thing I have to report is that I
have met with the City Manager and his staff, and we talked
about the -- how much was it? A hundred and --
COMMISSIONER WILLIAMS: 94.
COMMISSIONER NICHOLSON: No, $94,000. And all I can
report to you is that I didn't learn any more about who in
county government might have approved that movement of the
$94,000 that was owed to us and promised to us to -- to fund
the library last year, and I have not learned any more about
how that decision was made on the city side. The City Manager
told me he talked to the mayor, and if it required any review
or action by the Council, that that would not be feasible
until a January meeting. So, that's where we stand on that
right now.
COMMISSIONER BALDWIN: No action.
COMMISSIONER WILLIAMS: Well, I appreciate your
report on it, Commissioner. And I think it's interesting to
note that while the threshold that the State, through the very
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codes, seems to require is $13.50 per capita, we're well above
that. Reading from the synopsis paper from the City's budget,
it would appear that we're at $17 and either 59 cents or 81
cents; I'm not sure which, either of which is well above that
threshold number, and it's good to know that. I hope that the
public learns about it, because when comments are made in a
"cry wolf" fashion, the public who has an interest in this
topic gets alarmed, and then all sorts of things flow from
that, so I'm glad to see the record get set straight.
JUDGE TINLEY: Anything further on that,
Commissioner?
COMMISSIONER NICHOLSON: No.
JUDGE TINLEY: Let's quickly take up Item 18. I
note Ms. Anderson and Ms. King are here, and I don't think
that's going to take too long. Consider, discuss, and take
appropriate action on addendum for 2006 Kerr County Market
Days and Kerr County's Farmers Market Usage License, and
authorize the County Judge to sign the same. This was on the
agenda because we're changing the frequency of the market into
this coming year, and that's the request; is that correct?
MS. ANDERSON: That's correct. This has been a year
that we've seen a lot of different things affecting Market
Days. Our conversations with folks, vendors and operators of
other similar events, indicate that we're not alone in what
we've experienced this year. We started the year about 10
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percent ahead of prior years in terms of vendor signups. We
ended the year about 8 percent below. When we look at our
vendor days, the actual vendors per market, we ran about 12 to
15 percent lower than last year. We've seen the fuel price
effect. We've seen, kind of, some folks who have general
economic concerns seem to be affecting these type of events.
So, really, what we're looking at is taking a step back, going
to a once-a-month schedule on the fourth Saturday. Which,
basically, on the fourth Saturday, we're about the only game
in south Texas. On the second Saturday, we're in competition
with a couple of other locations. Fourth Saturday, it will be
all ours. We want to regroup, focus our efforts, and come
back stronger than ever in 2007.
COMMISSIONER WILLIAMS: I have a question,
Ms. Anderson.
MS. ANDERSON: Yes, sir?
COMMISSIONER WILLIAMS: Is your proposed revised
schedule in conflict either with the Memorial Day weekend or
Veterans Day?
MS. ANDERSON: The fourth --
COMMISSIONER WILLIAMS: You're talking about the
fourth?
MS. ANDERSON: Right. Fourth Saturday in May
generally falls before Memorial Day, and has ever since the
market began, and that's one of our very best markets. It's a
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great day, it seems like, for the whole community. Veterans
Day, since it kind of -- it's my understanding it's on the
11th of November, and so it's not necessarily on a weekend. I
would not anticipate any conflict whatsoever.
COMMISSIONER WILLIAMS: But there appears to be a
conflict with Memorial Day; is that correct?
MS. ANDERSON: We've always had Market Days on
Memorial Day weekend, yes, sir, and we would continue to do
that.
COMMISSIONER WILLIAMS: We also always have
memorial-type services planned and executed --
MS. ANDERSON: Right.
COMMISSIONER WILLIAMS: -- on the courthouse square.
MS. ANDERSON: And we have --
COMMISSIONER WILLIAMS: Un the weekend as well.
MS. ANDERSON: Yes.
COMMISSIONER WILLIAMS: And we have had conflict in
the past, I believe.
MS. ANDERSON: We've tried to work with the veterans
groups and coordinate our activities so that -- in fact, we
thought it worked quite well for both of us. At least no
one's ever expressed to me that there had been a problem. We
certainly are open to do whatever's necessary to make those
observances as solemn and as appropriate as they should be.
COMMISSIONER WILLIAMS: Well, I think that in my --
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in my view, that is a necessity.
MS. ANDERSON: Yes, sir.
COMMISSIONER WILLIAMS: That there not be a conflict
with the Memorial Day services that are routinely every year
scheduled and -- and set up on the courthouse lawn driveway.
MS. ANDERSON: Absolutely.
COMMISSIONER BALDWIN: I think it's a very wise
move, what you're doing, actually. I think we're going to see
a lot more activity by going to the one -- one day.
JUDGE TINLEY: You've -- your vendors have become
fewer on the second Saturday and more on the fourth?
MS. ANDERSON: Right.
JUDGE TINLEY: Ber_ause of being the only game or not
being the only game?
MS. ANDERSON: Well, when the -- more and more of
our vendors travel from some distance away. Well over 50
percent of our folks come in from at least 35 miles distant,
and when they have to choose one or the other, they're
certainly choosing the fourth Saturday to come to Kerrville.
JUDGE TINLEY: Have you had any reports in the last
year or so about perceived difficulty or problems with the
Memorial Day situation being held concurrently with your
market?
MS. ANDERSON:	I --	no,	sir,	I	haven't.	
JUDGE TINLEY:	Well,	I	haven'	t	either.	Do they
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manage to get along, General?
MR. SCHELLHASE: No, I think we have a major
conflict, because the area taken by the booths over by the
memorial are taken by the Market Day those days. The two
we've had conflicts with, major, they move us to the stairs at
the center of the courtyard, which is totally unacceptable,
and attendance has been severely hampered.
MS. ANDERSON: We can easily accommodate whatever is
necessary if it's communicated to us prior to the event.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: So, I mean, it sounds like the
-- what needs to be done on Memorial Day is you can't use that
-- the driveway facing Sidney Baker.
COMMISSIONER WILLIAMS: Until after that service is
over.
COMMISSIONER LETZ: Until after that service. That
would solve that problem.
MS. ANDERSON: That's -- we're certainly open to
work that out. No problems.
COMMISSIONER BALDWIN: Yeah, don't make us bring in
the Mountain Home Fire Department.
MS. ANDERSON: No, sir.
MR. SCHULTZ: I complained on this, so to speak,
politely a few years ago. I didn't know we could come to you
and complain about Memorial Day vendors superseding the
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Memorial Day honoring. I didn't know that; otherwise, I would
have, to answer your question.
COMMISSIONER LETZ: But, in your mind, this should
solve that problem with that driveway on that side of the --
MR. SCHOLTZ: May I suggest something?
COMMISSIONER LETZ: Sure.
MR. SCHOLTZ: The vendors start at 1 o'clock.
That'll give the courthouse plenty of room and time for our
services, and then the vendors can come in and set up and
start at 1 o'clock, and there will be no conflict or friction.
COMMISSIONER LETZ: That's going to be chaos, I'm
afraid, Reverend. They're going to be -- there will be chaos.
They're going to be bringing in booths and trucks and trying
to be setting up right during the ceremony. They almost need
to set up ahead of time, I think, but we just need to make
accommodation for that area, or for an area that's
appropriate.
MS. ANDERSON: If we know what the requirements are
for the ceremony, we can work around those without any
difficulty.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: Well, I think that's easily
determined by talking to the veterans groups and those who
plan and execute the Memorial Day services. That's pretty
easy to determine.
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MS. ANDERSON: In our prior meetings with the
groups, we've accommodated every request that has been made to
us, and we'll certainly accommodate any future request.
COMMISSIONER LETZ: Okay. All right, I'll move
approval of the amendment to the agreement as submitted --
it's an amendment?
JUDGE TINLEY: Addendum.
COMMISSIONER NICHOLSON: Second.
COMMISSIONER LETZ: Addendum to the agreement, and
authorize the County Judge to sign same.
JUDGE TINLEY: Do I hear a second?
COMMISSIONER NICHOLSON: I did.
JUDGE TINLEY: Okay. We have a motion and second.
Any question or discussion on the motion?
COMMISSIONER WILLIAMS: There is a little more
discussion, Judge.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: While I don't want to --
this comment to affect the addendum for the contract or change
it, I do want it known that if you're unable to reconcile the
difference with the folks who put on Memorial Day program, I'd
like to see you back in Commissioners Court discussing it so
we can make the determination.
MS. ANDERSON: You have my word.
COMMISSIONER WILLIAMS: Thank you.
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COMMISSIONER BALDWIN: Just mention the --
JUDGE TINLEY: Any question or comment?
COMMISSIONER BALDWIN: Just mention that Mountain
Home Fire Department thing; they'll snap right in here, buddy.
JUDGE TINLEY: All in favor of the motion, signify
by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Why don't we
stand in recess until about --
COMMISSIONER LETZ: 1:15.
JUDGE TINLEY: -- 1:30.
(Recess taken from 12:13 a.m. to 1:30 p.m.)
JUDGE TINLEY: Okay, let's come back to order. We
were in recess for the lunch hour. It's 1:30 now. Let's go
to Item 13; consider, discuss, and take appropriate action on
Kerr County's 150th birthday celebration on January the 26th.
COMMISSIONER BALDWIN: If you remember, the 26th is
the actual anniversary, and then they were going to have a
party in April.
COMMISSIONER WILLIAMS: Right.
COMMISSIONER BALDWIN: But on the 26th, I thought it
would be kind of neat to -- the County Clerk's office to cook
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up a bunch of cookies, and -- and we could have kind of an
open house type thing. I'm just wondering, don't y'all think
that we should do something like that and invite the public?
MS. PIEPER: But you forgot other elected officials.
COMMISSIONER BALDWIN: Well, that's for you to
handle. Don't be bothering me with that detail stuff.
COMMISSIONER NICHOLSON: What day of the week is it?
JUDGE TINLEY: Thursday.
COMMISSIONER BALDWIN: It's a Thursday.
COMMISSIONER LETZ: I think we ought to have an open
house of some sort.
COMMISSIONER BALDWIN: Something, you know. Coffee
and some cookies. And do you want to do it in -- during the
noon hour? Do you want to do it in the evening?
COMMISSIONER WILLIAMS: 4 o'clock to 6:00.
COMMISSIONER BALDWIN: 4:00 to 6:00, something like
that.
COMMISSIONER WILLIAMS: That gives people an
opportunity who are not working to come, and those who are
working to come.
COMMISSIONER LETZ: Do we got some kind of
entertainment lined up?
JUDGE TINLEY: Buster's going to be here.
COMMISSIONER BALDWIN: Well, I can. I can.
COMMISSIONER WILLIAMS: Maybe we can get Bill Stacy,
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Jr., to strum on the guitar.
COMMISSIONER BALDWIN
COMMISSIONER LETZ:
here.
Well, we probably could.
I mean, just have something
COMMISSIONER BALDWIN: Yeah.
MS. PIEPER: Wouldn't 3:00 to 5:00 be better?
COMMISSIONER WILLIAMS: Who's going to make the
cookies?
COMMISSIONER BALDWIN: See? See?
MS. PIEPER: Well, Thursday nights I have a second
job.
COMMISSIONER BALDWIN: Well, 3:00 to 5:00, then.
But people are still work -- at work. We want to --
COMMISSIONER LETZ: You'll be here for the first
half.
MS. PIEPER:
COMMISSIONER
COMMISSIONER
dress like the people
way anyhow.
COMMISSIONER
JUDGE TINLEY
COMMISSIONER
COMMISSIONER
COMMISSIONER
Yeah.
BALDWIN: Just bring the cookies.
NICHOLSON: Do we encourage people to
Iid 150 years ago? I kind of dress that
BALDWIN: I'm there, man.
As old as you are, that --
BALDWIN: That's what I'm doing here.
NICHOLSON: That's Option A.
WILLIAMS: You're ready.
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COMMISSIONER BALDWIN: I'm ready. So, what do y'all
think?
COMMISSIONER LETZ: I'd get someone at Tivy or one
of the local schools, Tivy or Ingram quartet playing out there
or something, is what I'd do.
COMMISSIONER WILLIAMS: How about the Tivy choir?
COMMISSIONER BALDWIN: Tivy r_hoir.
COMMISSIONER LETZ: Someone like that, just to do
something for --
COMMISSIONER NICHOLSON: Something to look --
COMMISSIONER LETZ: -- 15 minutes.
COMMISSIONER NICHOLSON: Distraction.
COMMISSIONER WILLIAMS: Patriotic music? Or do we
have a contest of somebody to write a new Kerr County song?
COMMISSIONER BALDWIN: All hail the mighty Kerr
County Commissioners Court.
COMMISSIONER WILLIAMS: Something like that, yeah.
COMMISSIONER BALDWIN: I'll write the song.
COMMISSIONER LETZ: All right. You're in r_harge,
Buster.
COMMISSIONER BALDWIN: Okay, thank you.
JUDGE TINLEY: General Baldwin did so well on the
Christmas -- employees' Christmas luncheon, we'll just place
him in command of this operation.
COMMISSIONER WILLIAMS: He just practiced up for the
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big event.
COMMISSIONER BALDWIN: I am fastly becoming the
social director.
COMMISSIONER WILLIAMS: I like that.
COMMISSIONER NICHOLSON: Good role.
JUDGE TINLEY: Any further action on that item?
COMMISSIONER WILLIAMS: Reception.
COMMISSIONER NICHOLSON: With the political skill I
saw this morning, if you had been born 30 years earlier, you'd
have been L.B.J.'s chief of staff.
COMMISSIONER BALDWIN: That was not a compliment,
believe me.
COMMISSIONER NICHOLSON: It is. He's my hero, my
all-time hero.
COMMISSIONER BALDWIN: All right.
JUDGE TINLEY: Got you out of the ditch, didn't it?
COMMISSIONER NICHOLSON: I wasn't the only one in
that ditch.
JUDGE TINLEY: That's true. Let's go to Item 14.
Another hot-button issue, Animal Control facility. Consider,
discuss, and take action on the project at the Animal Control
facility.
COMMISSIONER NICHOLSON: I keep taking space on the
agenda just in case there's some development that can't wait
two more weeks, and there's not. The last word, of course, is
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all the plumbing and electrical is done; now we're just ready
to erect the building. I don't have anything more to report
JUDGE TINLEY: Okay. Anybody got anything further
on that? Let's move on to 16, consider, discuss, and take
appropriate action on the Field Agreement between the U.S.
Department of Agriculture, Animal and Plant Health Inspection
Service, Wildlife Services, and Texas Wildlife Damage
Management Service and Texas Wildlife Damage Management
Association, Inc., and Kerr County, and the funding for same.
COMMISSIONER LETZ: I put this back on the agenda,
and as I stated previously, my recollection was that we were
given notice this was going to happen and that we declined to
budget for it, and my recollection was correct that we did
receive notice for it back in April. They gave it to us early
so that we'd have ample time to make plans for it. They just
didn't understand that this was too early for us. So, the --
as I would compute what the shortfall is, it's actually
$3,600; it's nine months at $900 a month additional. We don't
have to worry about this current year. It starts -- according
to their earlier memo, the increase is effective January 1st.
You know, I think that we just -- we need to either find it in
the budget or do an emergency. I mean, it's something that I
think we need to do. My preference would be to go to the
Sheriff's budget and take some money out of his line items.

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And I mean that half seriously, in that there's usually -- in
one of his salary line items in the jail, usually there's an
excess, but I don't want to do it without him being here. But
I think we should pass on this until we get to the budget
amendment portion of the agenda, and handle it at that time.
JUDGE TINLEY: Well, do we need to approve the
contract subject to the funding?
COMMISSIONER LETZ: That's probably correct; we
probably do. I'll make a motion to approve the Field
Agreement submitted with the increased funding of $400 per
month as submitted, and authorize County Judge to sign same.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for approval
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 17; consider, discuss, and take appropriate action to
implement Alternative Dispute Resolution Fee for justice
courts in an amount not to exceed $5 per case, as authorized
by Section 152.005 of the Civil Practice and Remedies Code.
You'll recall that we increased the A.D.R, fee on court costs
in county and district court cases, the authorization from $10
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to $15 per case, but we did not implement anything for the
justice court cases as authorized by 152.005, which authorized
it for justice court cases in all counties, not just certain
counties as it had previously been written. We can set an
A.D.R. fee that goes into our A.D.R. fund with justice court
cases, up to $5 per case for all civil cases. Just civil.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the agenda item, with a fee to be established at $5 per
civil case as authorized by section 152.005 of the Civil
Practice and Remedies code. Any question or discussion? All
in favor, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(NO response.)
JUDGE TINLEY: The motion does carry. Number 19,
consider, discuss, and approval of resolution expressing
official intent to reimburse with tax-exempt obligation
proceeds costs incurred to acquire certain computer hardware
and software from The Software Group Division of Tyler
Technologies, Inc., prior to the issuance of such obligations,
and authorization for County Judge to sign same. This item
was put on in connection with our acquisition of the new
Odyssey system and the tax anticipation note that's going to
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be issued to fund it. And this is to permit those proceeds to
reimburse Kerr County for any amounts Kerr County advances in
reimburse ourselves if we advance funds before the -- before
the debt is actually sold and proceeds received.
COMMISSIONER WILLIAMS: Up to a million?
JUDGE TINLEY: Yeah, up to a million dollars, right.
Which is the estimated cost of the entire Odyssey system.
COMMISSIONER LETZ: When -- what is the anticipated
timing of us needing money, and the anticipated timing of us
receiving the revenue from the tax anticipation note?
JUDGE TINLEY: I am told that they're first going to
be seeking funds, at the earliest, probably mid-February.
When the -- when the Odyssey people start to do their thing to
start putting it into place, they're going to -- they're going
to require some sort of advance payment.
COMMISSIONER LETZ: When will the tax anticipation
note likely be --
JUDGE TINLEY: It may be sold by then, but if it's
not and we advance the funds, we can't get reimbursed by these
tax-exempt funds without passing this resolution, bottom line.
COMMISSIONER LETZ: My preference would be to hold
off on the resolution until the time that we need to, and the
reason is, until you explained it, I was confused as to what
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this was, and it's just one of those confusing documents that
circulates around; it looks like we're trying to do something
even though we weren't. I mean, if that makes sense. I mean,
there's nothing wrong with doing it right now, but if we don't
need to, why do it?
COMMISSIONER WILLIAMS: Except that if we lay out
money within a month, and that is not in place -- the tax
anticipation note resolution is not in place, we can't
reimburse ourselves.
COMMISSIONER LETZ: Right, but we just don't pay out
any money. We don't pay anything until we do this.
JUDGE TINLEY: Actually, I think it's within 60
days. Not earlier than 60 days from the date of passage of
this resolution.
COMMISSIONER WILLIAMS: What's not earlier than 60
days?
JUDGE TINLEY: The payment by the County.
COMMISSIONER NICHOLSON: This has to be in place for
60 days before we can make payments?
COMMISSIONER WILLIAMS: Which means we would be
funding it out of general funds which are unbudgeted. We
could be funding it as late as April or May -- March or April.
JUDGE TINLEY: You got a 60-day window that -- that
you can get reimbursement for.
COMMISSIONER LETZ: Okay.
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JUDGE TINLEY: But you got to have the resolution in
place to do that, is the problem.
COMMISSIONER LETZ: Right.
JUDGE TINLEY: This was all furnished by Spurgeon's
office, our bond counsel that works with Bob Henderson in
connection with all of these debt issues.
COMMISSIONER WILLIAMS: When would the tax
anticipation notes actually go to market, and at what rate?
JUDGE TINLEY: Well, we don't know the rate yet.
That will be determined by the market. That's going to be on
into late next month or on into February. If, at that time --
January at the earliest, probably more like February.
COMMISSIONER WILLIAMS: So, this really is just a
resolution that enables us to reimburse ourselves after we
have, in open court, adopted a resolution to issue tax
anticipation notes.
JUDGE TINLEY: We don't have to adopt a resolution
other than this to -- according to my understanding from
talking with Spurgeon, we don't have to adopt a separate
resolution for the issuance of the tax anticipation note.
This merely allows us to get reimbursed for any funds which we
pay out of the Kerr County treasury out of those funds
received from the sale of that note. My understanding is we
don't have to adopt any other resolution for the issuance of
the tar, anticipation note, according to what Spurgeon told me.

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COMMISSIONER BALDWIN: How do you issue them? Just
with a court order?
COMMISSIONER WILLIAMS: C.O., certificate of
obligation. Is it going to be C.O.'s? I guess --
JUDGE TINLEY: Well, it's called a tax anticipation
note.
COMMISSIONER WILLIAMS: That's what I thought.
COMMISSIONER BALDWIN: Which is one of the coolest
things to come down the pike as far as financing, in my
opinion.
COMMISSIONER WILLIAMS: I'll move the resolution.
COMMISSIONER BALDWIN: I'll second it.
JUDGE TINLEY: Motion made and seconded for approval
of the resolution. Any question or discussion? All in favor,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Okay. Does
anybody have anything to go into closed or executive session?
COMMISSIONER BALDWIN: I do not.
COMMISSIONER WILLIAMS: I do not.
COMMISSIONER LETZ: No.
JUDGE TINLEY: Okay. We don't have the Auditor with
us. Do we need the Auditor with us?
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COMMISSIONER BALDWIN: To pay bills.
COMMISSIONER LETZ: To find out where we're going to
get $3,600.
JUDGE TINLEY: Well, that's a budget amendment. If
you would, please, John, I thank you. Okay. First item,
payment of the bills.
COMMISSIONER BALDWIN: I've got a couple of
questions from the Auditor -- or to the Auditor, I mean.
JUDGE TINLEY: Hopefully we'll have the Auditor here
to answer those questions for you.
COMMISSIONER BALDWIN: Y'all might be able to answer
before she gets in here. Do you want to try?
JUDGE TINLEY: Yeah.
COMMISSIONER BALDWIN: Page 15, the Juvenile
Detention Facility.
COMMISSIONER WILLIAMS: There she comes.
MS. WILLIAMS: Afternoon.
COMMISSIONER BALDWIN: I went to Page 15, the
Juvenile Detention Facility bills.
MS. WILLIAMS: Yes, sir?
COMMISSIONER BALDWIN: And about halfway down,
there's a grouping of Dr. Borchers.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER BALDWIN: And a couple of months ago, I
was in here with the exact same issue, or a similar issue, of
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bills that had been held for months and months and months and
months and months, and he was kind of wondering where his
money was. You know, "I performed a service and I'd like to
get paid." I mean, very nice guy, but just kind of wondering
about that stuff. And I see here that we have, oh, eight or
ten bills here that were in last year's budget cycle.
MS. WILLIAMS: Yes, sir.
COMMISSIONER BALDWIN: Two in March and April. And
I'm wondering, how did this -- how does this happen? You
know, we went through the same conversation two months ago,
and we're back here with the exact same thing again and with
the exact same guy.
MS. WILLIAMS: Basically, the conversation that I
had with Vicky at Dr. Borchers' office about a week ago, she
called and wanted to know why they hadn't been paid. My first
question to her was, did you submit the invoices to the
detention facility? And she said, "Yes, we do. When they
come in, they leave with an invoice." I said -- my next
question is, "DO you know if they still have the invoices?"
And she said when she spoke with Heather Way out at the
detention facility, she was told they, being the facility,
could not pay these bills until they received money from the
other counties. And I said, "No, that's not the way we've
ever handled it." We pay the bill, we bill the other
counties, we get the moneys in. If it takes us six months, a
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year, that's our problem, but we cannot hold these bills for
these providers. So, what we're going to do in the future is,
every time they take a child out there for services, they will
send a bill back with that representative from the facility.
They will also fax us a copy so that we can follow up on it
and make sure it gets paid timely.
COMMISSIONER BALDWIN: So, the providers hand the
facility a bill and then turn around faxing the thing over
here. That just saddens me that we're causing people to do
double work.
MS. WILLIAMS: Right.
COMMISSIONER BALDWIN: So they can get paid for the
services that they performed, at a cheap rate. $28? You
can't park in the parking lot for $28.
MS. WILLIAMS: Right. The one question I asked
Heather when I spoke to her that day, I said, "Would you look
in the kids' files and make sure that the bill is not in their
file out there?" That someone may have just thought we have
to keep it in the file and then just dropped the ball. They
didn't send them to us; we'd never seen them before. But I
had asked Vicky if she would send us individual invoices so we
could pay them, and she did. She mailed me one of -- each one
of these that's on this list.
COMMISSIONER BALDWIN: So we have a handle on it,
and we have money in last year's budget to pay?
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MS. WILLIAMS: No, we've closed out last year's
budget. We cannot encumber these any longer, so we're having
to take them out of the current-year budget.
COMMISSIONER BALDWIN: I see.
COMMISSIONER WILLIAMS: Do we know whether or not
they've been reimbursed by the sending county?
MS. WILLIAMS: Until we know which counties these
children were sent here from, we have no way of tracking it.
But if we can get the sending county, we can go back and check
to see if we've been reimbursed, assuming that the counties
have been billed for the services. That's another thing.
So --
COMMISSIONER BALDWIN: Now, who does that? Help me
remember what --
MS. WILLIAMS: The detention facility -- I believe
Heather's handling that now. Prior to that, I want to say it
was --
COMMISSIONER BALDWIN: We don't have to have names,
but --
MS. WILLIAMS: Yeah, it was someone else who's not
there now.
COMMISSIONER BALDWIN: So, it goes directly from the
detention facility to the other county?
MS. WILLIAMS: Yes, sir.
COMMISSIONER BALDWIN: All these kind of things.
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MS. WILLIAMS: Mm-hmm.
COMMISSIONER LETZ: Do we handle the Sheriff's like
that? Who does the Sheriff's billings?
MS. WILLIAMS: They do them out at the --
COMMISSIONER LETZ: The Sheriff does?
MS. WILLIAMS: Out at the jail, yes, sir. And there
are two -- we pay the bill and then we get reimbursed by the
other counties.
COMMISSIONER LETZ: But they understand out at the
detention facility that we -- we pay our bills right away?
MS. WILLIAMS: We hope they do.
COMMISSIONER WILLIAMS: Yes, we do, don't we?
MS. WILLIAMS: Yes.
COMMISSIONER BALDWIN: Thank you. That is all my
questions, Judge.
COMMISSIONER LETZ: Move we pay the bills.
COMMISSIONER NICHOLSON: Second.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded to pay the
bills. Any question or discussion? All in favor, signify by
raising your right hand.
JUDGE TINLEY: The motion does carry.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(NO response.)
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DODGE TINLEY: Motion does carry.
MS. WILLIAMS: No budget amendments, no late bills.
COMMISSIONER LETZ: We have a budget amendment.
MS. WILLIAMS: No.
DODGE TINLEY: Yes. Yes.
MS. WILLIAMS: Okay.
COMMISSIONER LETZ: You need to find $3,600.
COMMISSIONER WILLIAMS: Just like that.
MS. WILLIAMS: Well, let's see. One, two, three --
COMMISSIONER LETZ: No, it's under the Trapper
contract.
MS. WILLIAMS: Oh, okay.
COMMISSIONER LETZ: We -- they sent us a letter that
they notified us in April of this increase, and for nine
months, $400 a month, is $3,600 we need to add to that line
item.
MS. WILLIAMS: What are we currently paying them?
Do you have any idea, monthly?
COMMISSIONER LETZ: It should be -- monthly, it
should be 1,800 a month.
MS. WILLIAMS: I don't think we have them on here
this time. I'll have to go look and pull that.
COMMISSIONER LETZ: The old contract was 1,800 a
month, and they've increased to it 2,200 a month, but we only
have nine months left in this fiscal year.
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MS. WILLIAMS: Okay. All right. I will go back and
see if I can find $3,600 -- within how long? Do we need to do
this before the next court meeting? 'Cause --
COMMISSIONER LETZ: It's effective the first of the
year. If we approved the agreement, we probably --
JUDGE TINLEY: Probably need to do it today.
MS. WILLIAMS: Okay. If you can give me maybe half
an hour, --
COMMISSIONER BALDWIN: Sure.
MS. WILLIAMS: -- I should be able to get something
together then.
COMMISSIONER BALDWIN: I can sleep that long.
MS. WILLIAMS: Or less, if possible. And I also
need to get with the other three Commissioners regarding the
burn bail, updating it, since Kathy's not here today.
COMMISSIONER LETZ: It's implemented.
COMMISSIONER NICHOLSON: Yes.
MS. WILLIAMS: And it stays in place?
COMMISSIONER LETZ: Yes.
MS. WILLIAMS: Very good. Thank you.
COMMISSIONER BALDWIN: How far -- how far does the
Trapper come into Kerr County?
COMMISSIONER LETZ: Not far. The new one?
COMMISSIONER BALDWIN: This is addressing the
Kendall County thing, isn't it?
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COMMISSIONER LETZ: No, this is not.
COMMISSIONER BALDWIN: This is county-wide?
COMMISSIONER LETZ: Yeah.
COMMISSIONER BALDWIN: All counties?
COMMISSIONER LETZ: This is -- yeah, this is really
-- this really addresses the west Kerr County Trapper.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: Since east Kerr County is now
handled in another area. It's Elm Pass Road, up kind of
around Stoneleigh, then up Hasenwinkle, any properties that
are accessed on either side of the road off of those roads.
We like the name Hasenwinkle, so we threw that one in here.
COMMISSIONER BALDWIN: That's where Victor Lich
lived, is on Hasenwinkle. He always told me that that's
German for "bunny trail." Is that not true?
COMMISSIONER LETZ: It may be true. His son denies
that it's true.
COMMISSIONER BALDWIN: About -- well, I'm just going
by what one of the best commissioners who ever lived --
COMMISSIONER WILLIAMS: If he told you, it had to be
so.
COMMISSIONER LETZ: Could be.
COMMISSIONER BALDWIN: Hasenwinkle, once.
JUDGE TINLEY: Okay. I have been handed monthly
reports from Justice of the Peace, Precinct Number 1, and
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District Clerk. Do I hear a motion that these reports be
approved as submitted?
COMMISSIONER LETZ: So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded that the
monthly reports indicated be approved 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: All opposed, same sign.
(NO response.)
JUDGE TINLEY: The motion does carry. Any of you
gentlemen have any reports in connection with your liaison
assignments or other endeavors?
COMMISSIONER BALDWIN: Guess not. I can't remember
what assignments I have, so --
COMMISSIONER WILLIAMS: I got a couple things,
Judge.
COMMISSIONER BALDWIN: -- doesn't matter, I guess.
COMMISSIONER WILLIAMS: I'll leave out the calendar
for anybody that wants to inspect it, the AACOG budget for
2006, which is something like $29,280,000. Up over 26 million
from this year, and the other 3 million coming in is coming in
from the federal government for Homeland Defense projects
within the area. Member dues, which account for about
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$210,000 of that budget, remain unchanged again this year, for
about the third or fourth year in a row. I'll leave this out
for anybody who wants to take a look at it.
COMMISSIONER BALDWIN: Is Al Notzon's salary in
COMMISSIONER WILLIAMS: Yes. It would be somewhere
in there, yes, sir. Criminal -- under the criminal justice
side of the AACOG equation, there are going to be some
anticipated -- New Braunfels and Comfort High School will be
added to the list of new schools participating in the Regional
Youth Education Program in the spring. And I asked the
question, "What is that program?" 'cause I knew you would ask
me that question. That program is a sort of a primer for
young folks in high school who might be interested in a career
in law enforcement, to give them some sense of what a law
enforcement career is all about. Also, in the regional
academy, the AACOG law enforcement distance learning network
was slated for installation in mid-December at both the main
campus and at Kerr County Law Enforcement Center and some
satellite training, and they hope to have a ribbon-cutting
ceremony for our piece of that initial program, the first one
in the state of Texas, sometime in January of '05.
Our Weather Assistance program, there were six cases
in Kerr County which were handled, folks being allocated about
$12,000 for weatherization of their home projects. Total
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number	of runs on	the Alamo Regional	Transit	for the	year,
minus	E0. About -	- about 8,000 runs	of the	under-60	group and
about	8,500 runs -	- ART runs in the	plus-60	group.	And that's
a total of about almost 13,000 miles that he ran picking up
people for various and sundry things; transporting clients
from Hunt and Ingram to Kerrville appointments, transporting
clients to San Antonio for dialysis, and then locally every
Monday, Wednesday, and Friday, and general public who need
transportation for medical appointments in the local area, San
Antonio, and for the errands they need to do, such as -- these
are folks who have no transportation -- shoppinq, hair
appointments, visiting friends, going to the doctor, et
-- 13 cetera.
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JUDGE TINLEY: Thank you, sir. Anything else?
COMMISSIONER WILLIAMS: No, sir.
JUDGE TINLEY: What do you have for us, Commissioner
COMMISSIONER LETZ: I don't -- I guess the only
thing is airport. Just to kill a little bit of time while
waiting to handle the budget amendment, is that we're
rebidding the terminal again, as I think most of you probably
read in the paper. I voted against the original part of that,
primarily because I think it's a waste of time, but hopefully
the bids come back closer to what -- well, I think they're
going to come back above our budget, but there's possibly some
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opportunities to get some other money to help get that project
built.
COMMISSIONER WILLIAMS: Thus the need to get it --
COMMISSIONER LETZ: Right. So, anyway, we don't
need to go into all the details on that, why I voted against
it when I did, but we've had a less than cordial relationship
with our architect on that project.
COMMISSIONER WILLIAMS: That's a diplomatic way to
put it.
JUDGE TINLEY: This is a public projects architect?
COMMISSIONER LETZ: Yeah.
DODGE TINLEY: Okay.
COMMISSIONER LETZ: The problem is that he -- he
designed a building that, under his own statements, could not
be built within the budget, which creates a bit of a problem.
And now he's coming down with that -- you know, early on, he
said it could, I mean, before he bid it the first time. But,
you know, by the time he came back, you know, his own people
are saying it's a little bit -- or pretty unlikely it's going
to come in within his budget -- or our budget. But --
COMMISSIONER BALDWIN: So, once he admitted it, then
you voted for it? You changed your mind?
COMMISSIONER LETZ: Well, there's --
COMMISSIONER WILLIAMS: There's another issue, too.
COMMISSIONER LETZ: There's some other reasons to go
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-- the other part of it is, one of my problems was his fee was
such that we had already paid him $75,000, or sixty --
COMMISSIONER WILLIAMS: 69 or something.
COMMISSIONER LETZ: -- $69,000. And I was concerned
that if we -- the bid comes back in and it's, say, $200,000
over what we had, and we find that other money, I didn't want
him benefitting from the fact that on a bigger project, as
most of the percentage contracts -- well, his actually -- the
contract, actually, he's been paid almost all that he's going
to get paid, and he only gets paid another 11,000 during the
construction.
COMMISSIONER WILLIAMS: His contract was front-end
loaded.
COMMISSIONER LETZ: A front-end loaded contract with
the architect, so it would cost a fair amount to switch
architects at this point. He's not going to make much more
money out of the deal, so that was one of my biggest concerns.
But hopefully bids will come in and we'll -- we're going to
get something done. Need to read the fine print closely.
COMMISSIONER WILLIAMS: I do have an F.Y.I. Judge,
you had passed on the request for additional information from
Texas Water Development Board on the Center Point project, and
all of those requests have been satisfied and answered to
them. In addition to that, they were looking for some more
expressions of public support, which I now have a ton of them
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on my desk, and those will be faxed to them today indicating
there is a lot of public support for the project.
JUDGE TINLEY: Yeah. I know last week there were --
I noticed one or two individuals from Center Point area
brought some things down from businesses in the area.
COMMISSIONER WILLIAMS: Right, I had requested
those. I have them. I'll fax them in to them, if not this
afternoon, certainly tomorrow, ahead of the deadline.
COMMISSIONER LETZ: Do you have an update on your
rock-crushing facility?
COMMISSIONER WILLIAMS: January -- yes. January
24th is a public meeting in Center Point, conducted by
T.C.E.Q. at the Center Point Independent School District. I
would imagine it'll be either in the gymnasium or the -- or
the new cafeteria. Don't know yet, but we'll find that out.
7 o'clock on the 24th is the date that's been set, and he has
been issued a -- a stop work order, or cease and desist order
for the construction of what appears to be the rock-crushing
equipment.
COMMISSIONER BALDWIN: Should we send Mountain Home
Fire Department down there for security?
COMMISSIONER WILLIAMS: I wish we could. Will you
arrange for that?
COMMISSIONER BALDWIN: Commissioner Nicholson?
(Laughter.)
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COMMISSIONER NICHOLSON: Let's see. One -- I might
good reason to believe that they're going to be proactive and
they're going to work on the things we want them to work on,
particularly the budget. At their next meeting, which will
be, I think, January 17th, they'll set a budget calendar and
they'll begin with the day it's due to the Commissioners Court
and -- and City Council and back up from that, and set various
steps and activities that are required to get one done and get
it in on time. I think, in connection with that, one of the
things that I'm going to suggest -- I think it's a follow-up
on what Commissioner Letz asked for in our previous meeting
upstairs, and it was a -- a kind of a budget which would
probably be an alternative budget. What would it take to
operate at a lower cost level? And a good place to start
would be that $13.50 per capita. If -- what kind of library
would we have if we operated at that level? And then build
from there. And I've got a little confidence in the -- the
smaller board, the people who've been selected. I think
they're going to not meddle in library affairs, but I think at
the strategic level, and offer some good input to the two
entities that pay for it. We'll see.
COMMISSIONER WILLIAMS: Dave, there was an
invitation sent out, which I'm sure all members of the Court
probably got, to hear the consultant's final report to the
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Friends, and I happened to be someplace with Mayor Gene Smith,
take your place, but I know you weren't there that day. But,
you know, what's interesting about that consultant's final
report was -- goes to this issue of per capita funding, right?
We were led to believe we were underfunded. Now we know we
weren't underfunded; we know we're about $17.50 per capita.
This guy is saying to the Friends and the public at large,
anybody that wants to listen, we really should be almost $10
or $12 per capita above that level right now. That's what
he's telling us.
COMMISSIONER LETZ: We should be at $30?
COMMISSIONER WILLIAMS: Yeah, somewhere in that
general range.
COMMISSIONER NICHOLSON: Commissioner, this will
sound pretty cynical. I know consultants, and I think what
people like he does is they're paid to come in and tell us you
need more money, more staff, and more building. So, they give
you the answers that they're paid to give you.
COMMISSIONER WILLIAMS: I understand that, and
you're right about that. He also said something else which is
a little disturbing, in that he's reporting on his findings
and so forth and so on, where he was in his recommendation --
or their recommendation this time versus where they were 10
years ago when the same people did it and made essentially the
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same recommendation. One of the things he said which I think
is kind of disturbing is that the place is dirty, needs to be
cleaned up. And he really cited them; he was very harsh on
the library administration people for the -- for the actual
facility, the state of the facility. Kind of interesting.
They should be keeping the damn building clean. But he said
it right out there in broad daylight for everybody else to
hear.
JUDGE TINLEY: Is the new board aware of this
alternative funding to stay in good standing with the State
Library system?
COMMISSIONER NICHOLSON: The documents that I gave
you were presented by the Library Director to the board in the
last meeting. That's how I got them.
COMMISSIONER WILLIAMS: Did the newspaper see them
for the first time today?
COMMISSIONER NICHOLSON: Probably.
JUDGE TINLEY: You didn't get yours directly from --
COMMISSIONER NICHOLSON: Not from the City.
JUDGE TINLEY: -- from the City?
COMMISSIONER NICHOLSON: I got it from the Library
Director, as a member of the board, but I got it at the same
time the other new board members got it.
JUDGE TINLEY: That's interesting.
COMMISSIONER NICHOLSON: I didn't even know it was
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coming. I -- actually, the impetus for investigating this
alternative funding minimum came from the City.
COMMISSIONER LETZ: It came from Brian Brooks.
COMMISSIONER NICHOLSON: Brian said, "Why are we
not -- what do we need to know about this? Why are we not
looking at this minimum?"
COMMISSIONER LETZ: Commissioner Baldwin, as
liaison -- one of the liaisons, you're the liaison to the "old
geezer" group.
COMMISSIONER BALDWIN: Working on it. Trying to get
them in first meeting in January to give a --
COMMISSIONER LETZ: An update?
COMMISSIONER BALDWIN: An update.
COMMISSIONER WILLIAMS: Are they all participating,
Commissioner?
COMMISSIONER BALDWIN: No, there's two that are
doing the work.
COMMISSIONER LETZ: There's two out of the --
COMMISSIONER BALDWIN: Dr. Morgan and General
Schellhase.
COMMISSIONER WILLIAMS: Are not?
COMMISSIONER BALDWIN: Are the ones who are working.
COMMISSIONER LETZ: Jim Murphy and Joe Herring
decided not to?
COMMISSIONER BALDWIN: I haven't seen them.
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(Discussion off the record.)
COMMISSIONER NICHOLSON: The City's committed to
having their staff do some work to think about the future of
the library, and that's good and that needs to be done. And
on the 17th, I'll talk to the board about this. I'd like to
see that board participate in that. That's the kind of
strategic thinking that I think deserves their input. And
what I'm hoping will happen is, instead of just blindly
accepting the consultant's report, is to begin thinking about
what's the library going to look like 20 years from now? If
we were standing here in a public library, any of them, 20
years from now, what would be different than it is today? And
then, when you think you've got a picture of that -- I may
have a partial and incomplete picture of it. Then you start
making decisions today that will lead you toward that -- that
future -- a future that you expect. It would be good and
timely for -- for some thinking like that to occur.
COMMISSIONER LETZ: It's not too early. Twenty
years is -- I mean, 20 years ago -- about 20 years ago is when
the High Water Bridge started getting talked about.
COMMISSIONER BALDWIN: Yeah, 17, 18 years ago.
COMMISSIONER LETZ: We put the money --
COMMISSIONER BALDWIN: Yeah, the County started
funding the High Water Bridge.
COMMISSIONER LETZ: And that's just a bridge.
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COMMISSIONER NICHOLSON: Ma'am?
MS. WILLIAMS: I'm back.
COMMISSIONER LETZ: Madam Auditor.
DODGE TINLEY: Are we back to budget amendments?
MS. WILLIAMS: Okay. I looked through this last
statement of expenditures that was as of November 30th. I see
one definite line item in Nondepartmental, which is Property
Insurance line item. There's $658.37 there that we're
probably not going to need the rest of this year, so that --
that's a start. We still need to come up with 2,941.63. Now,
there is a line item in the Commissioners Court budget,
10-401-500, Survey Services, has $1,144.30 left. We've
already taken money out of this line item once before. My
question is, do you gentlemen know if that money is going to
be needed during this budget year?
COMMISSIONER LETZ: We can make it not available.
1,100 there.
MS. WILLIAMS:
JUDGE TINLEY:
MS. WILLIAMS:
There are two line item
is the Contingency line
you prefer not to touch
point?
Right.
Almost halfway home.
We still need roughly another $1,800.
in Nondepartmental budget. First one
item; it's got $3,000, I think. Would
the Contingency line item at this
COMMISSIONER WILLIAMS: How much?
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MS. WILLIAMS: There's $3,000 left.
COMMISSIONER WILLIAMS: Okay.
MS. WILLIAMS: The other line item is the
Telephone/Computer line item. It's 10-409-420. At the
present time, we've got over $6,900 unexpended. In looking at
last year's trend, I don't believe we're going to even spend
but maybe two-thirds of that amount, so I think we could
easily take the difference out of that particular line item to
reach the $3,600 that you need.
COMMISSIONER LETZ: Okay.
MS. WILLIAMS: Now, I did have one question. That
particular line item for the Trapper contract, is there -- was
there extra moneys put in there for the Kendall County?
COMMISSIONER LETZ: $5,000 was put in there for the
Kendall County agreement.
MS. WILLIAMS: Okay. I was going to say, there is
adequate money there, but then it dawned on me that we had
this discussion last time.
COMMISSIONER LETZ: Right.
MS. WILLIAMS: Okay. So, if it's agreeable with the
Court, those are the three line items I think we need to take
the funds from.
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for budget
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amendment 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: Motion does carry.
COMMISSIONER BALDWIN: Would you read those lines
back to me one more time, please?
MS. WILLIAMS: Sure. The first one is going to be
10-409-480.
COMMISSIONER BALDWIN: All right. And the amount?
MS. WILLIAMS: $658.37.
COMMISSIONER BALDWIN: All right.
MS. WILLIAMS: 10-901-500, $1,144.30.
COMMISSIONER BALDWIN: Mm-hmm.
MS. WILLIAMS: The last one would be 10-409-420, and
if my math is right, it should be $1,797.33.
COMMISSIONER BALDWIN: Thank you.
MS. WILLIAMS: Would you add those up and make sure
you come up with $3,600?
COMMISSIONER BALDWIN: No. I got 35,900.
JUDGE TINLEY: I come up 3,600 even.
COMMISSIONER BALDWIN: Okay.
MS. WILLIAMS: Okay. Thank you very much. Is that
all we need?
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COMMISSIONER LETZ: Thank you.
JUDGE TINLEY: Thank you, ma'am. Anything else,
gentlemen? We'll stand adjourned.
(Commissioners Court adjourned at 2:12 p.m.)
STATE OF TEXAS
COUNTY OF KERR
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my
capacity as County Clerk of the Commissioners Court
of Kerr County, Texas, at the time and place
heretofore set forth.
DATED at Kerrville, Texas, this 3rd day of
January, 2006.
JANNETT PIEPER, Kerr County Clerk
Kath~ik, Deputy County Clerk
Certified Shorthand Reporter
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ORDER NO. 29504
EXECUTION OF WRITTEN AGREEMENT AUTHORIZING SPECIAL
PROSECUTOR'S OFFICE TO UTILIZE OFFICE SPACE IN COUNTY
ATTORNEY'S OFFICE
Came to be heard this the 27th day of December, 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 execution of the written Agreement authorizing Special
Prosecutor's Office to utilize office space in the County Attorney's Office
during grant period, and establishing value of leased space for purposes of
in-kind match for Grant #WF-OS-V30-17590-01.
ORDER NO. 29505
AWARD BIDS FOR STOP LOSS INSURANCE COVERAGE FOR 2006
EMPLOYEE HEALTH BENEFITS PROGRAM
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Baldwin. The
Court unanimously approved by vote of 4-0-0 to:
Accept bid from Mutual of Omaha for Stop Loss Insurance as presented by
Mr. Looney, increasing the stop loss from $40,000 to $50,000, and accepting
the current insurance premium funding for employees as presented on the
attachment.
ORDER NO. 29506
ANNUAL REPORT OF THE KERR COUNTY HISTORICAL
COMMISSION
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Accept the 2005 Annual Report of the Kerr County Historical Commission
as presented by General Walter Schellhase.
ORDER NO.29507
CONDITIONAL LEASE AGREEMENT BETWEEN KERR COUNTY
AND HILL COUNTRY MOUNTED PEACE OFFICERS ASSOCIATION
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Tentative Lease Form with the following changes; change the
lease term to 25 years with an option to extend for an additional 15 years,
delete paragraph 21, change the County signatory from the County Attorney
to the County Judge, and subject to a survey, and at that point, to be brought
back to the Court for final approval.
ORDER NO. 29508
OPEN AND AWARD SEALED BIDS ON 2 ALL WHEEL DRIVE
BACKHOES WITH POWER TILT ATTACHMENTS
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Letz, seconded by Commissioner Nicholson. The Court
unanimously approved by vote of 4-0-0 to:
Accept all bids and refer them to the Road and Bridge Department for
evaluation and recommendations.
ORDER NO.29509
IMPLEMENTATION OF BiJRN BAN
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Baldwin, seconded by Commissioner Williams. The
Court unanimously approved by vote of 4-0-0 to:
Implement burn ban, and authorize County Judge to sign same.
ORDER NO. 29510
APPROVAL OF FINAL PLAT FOR NEi JNHOFFER ADDITION, PCT. 2
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Approve subdivision Plat revision of Neunhoffer Addition in Kerr County,
Precinct 2, as presented, subject to obtaining all signatures on the mylars,
and authorize County Judge to sign same.
ORDER NO.29511
INTERLOCAL AGREEMENT WITH CITY OF KERRVILLE
CONCERNING SUBDIVISION PLATTING JURISDICTION WITH ETJ
Came to be heard this the 27th day of December, 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 City of Kerrville concerning subdivision
platting jurisdiction within ETJ, and authorize County Judge to sign same.
ORDER NO. 29512
APPOINTMENT PERSONS TO SERVE ON EMERGENCY SERVICE
DISTRICT #2 (MOUNTAIN HOME) BOARD OF COMMISSIONERS
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Baldwin, seconded by Commissioner Nicholson. The
Court unanimously approved by vote of 4-0-0 to:
Move to reappoint Ms. Cleo Meadows, Evelyn Bloys, F. C. Corky Henson
and La Verne Talbert Boles to the Emergency Service District #2 Board.
ORDER NO. 29513
DISCUSS ADDENDUM FOR 2006 KERR COUNTY MARKET DAYS
AND KERR COUNTY FARMERS' MARKET USAGE LICENSE
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Letz, seconded by Commissioner Nicholson. The Court
unanimously approved by vote of 4-0-0 to:
Approve Addendum to the Kerr County market Days Agreement for 2006,
and Kerr County Farmers' Market Usage License, as submitted, and
authorize County Judge to sign same.
ORDER NO. 29514
DISCUSS FIELD AGREEMENT BETWEEN U.S. DEPARTMENT OF
AGRICULTURE, ANIMAL AND PLANT HEALTH INSPECTION
SERVICE, WILDLIFE SERVICES AND TEXAS WILDLIFE DAMAGE
MANAGEMENT SERVICE AND TEXAS WILDLIFE DAMAGE
MANAGEMENT ASSOCIATION, INC. AND KERR COUNTY
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Letz, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve Field Agreement submitted with the increased funding of $400 per
month, as submitted, and authorize County Judge to sign same.
ORDER NO.29515
IMPLEMENT ALTERNATIVE DISPUTE RESOLUTION FEE FOR
JUSTICE COURTS
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Nicholson. The
Court unanimously approved by vote of 4-0-0 to:
Approve implementation of Alternative Dispute Resolution fee for Justice
Courts, with a fee to be established at $5 per case, as authorized by Section
152.005 of the Civil Practice and Remedies Code (HB 282).
ORDER NO. 29516
DISCUSS RESOLUTION EXPRESSING OFFICIAL INTENT TO
REIMBURSE WITH TAX-EXEMPT OBLIGATION PROCEEDS COSTS
INCURRED TO QACQUIRE CERTAIN COMPUTER HARDWARE AND
SOFTWARE FROM THE SOFTWARE GROUP DIVISION OF TYLER
TECHNOLOGIES, INC.
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Baldwin. The
Court unanimously approved by vote of 4-0-0 to:
Approve the Resolution expressing official intent to reimburse with tax-
exempt obligation proceeds costs incurred to acquire certain computer
hardware and software from The Software Group Division of Tyler
Technologies, Inc., prior to the issuance of such obligations, and
authorization for County Judge to sign same.
ORDER NO. 29517
CLAIMS AND ACCOUNTS
Came to be heard this the 27th day of December, 2005, came to be
considered by the Court various Commissioners Precincts, which said
Claims and Accounts are:
Accounts Expense
10-General $ 139,767 87
15-Road & Bridge $ 59,958.06
18-County Law Library $ 224.00
76-Juvenile Detention Facility $ 21,770.50
81-District Administration $ 1,250.46
Total
$ 222,970.889
Upon motion made by Commissioner Letz, seconded by Commissioner
Nicholson, and Commissioner Williams, the Court unanimously approved
by vote of 4-0-0 to pay the claims and accounts.
ORDER NO. 29518
MONTHLY REPORTS
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Letz, seconded by Commissioner Nicholson, the Court
unanimously approved by vote of 4-0-0 the following monthly reports:
JP # 1
District Clerk
ORDER NO. 29519
BUDGET AMENDMENT
COUNTY SPONSORED ACTIVITY, COMMISSIONERS' COURT AND
NON-DEPARTMENTAL
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Letz seconded by Commissioner Williams, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Amendment
Expense Code Description Increase/()Decrease
10-660-320	Trapper Contract +	$3,600.00*
10-401-500	Survey Services -	($1,144.30)
10-409-420	Telephone, Computer -	($1,797 33)
10-409-480	Propertylnsurance -	($658.37)