1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 KERR COUNTY COMMISSIONERS COURT Special Session Monday, February 27, 2006 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas PRESENT: PAT TINLEY, Kerr County Judge H A."BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, CommissionerPCt. 2 JONATHAN LETZ, Commissioner Pct. 3 DAVE NICHOLSON, Commissioner Pct. 4 ,9 Q 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 L I N D E X February 27, 2006 -- Commissioners' Comments 1.1 Consider/discuss, take appropriate action on funding request from Kerr County Sesquicentennial Celebration 1.2 Consider/discuss, take appropriate action to authorize Commissioners' Court to participate as a body in Sesquicentennial Parade, April 8, 2006 1.3 Consideration/approval of Resolution supporting application for renewal of Grant from Governor's office for funding for Special Prosecutor for Violent Crimes Against Women 1.4 Consider/discuss, take appropriate action to allow Road & Bridge to advertise for bid on Town Creek Crossing improvements 1.5 Consider/discuss, take appropriate action on Kerr County Organization Development Survey 1.6 Consider/approve appointment of Mr. Ben Alves to unexpired 2-year term as Commissioner on Kerr County ESD #2 Board of Commissioners 1.7 Set Public Hearing on Kerr County Subdivision Rules and Regulations and Water Availability Requirements 1.8 Consider/discuss appointment of David Billeiter to the Kerr County Child Service Board 1.9 Order authorizing County to enter into financing lease with Banc of America Leasing & Capital, LLC, for purpose of financing the acquisition of computer hardware & software from The Software Group 4.1 Pay Bills 4.2 Budget Amendments 4.3 Late Bills 4.4 Approve and Accept Monthly Reports 5.1 Reports from Commissioners/Liaison Committee Assignments 5.2 Reports from Elected Officials/Department Heads --- Adjourned PAGE 4 5 16 25 26 29 37 37 40 41 96 53 63 64 70 73 3 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On Monday, February 27, 2005, at 9:00 a.m., a special meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE TINLEY: Let me call to order this regularly scheduled meeting of the Kerr County Commissioners Court scheduled for this date and time, Monday, February the 27th, 2006, at 9 a.m. It is that time now. Commissioner Letz? COMMISSIONER LETZ: Would everyone please stand and join me in a moment of prayer followed by the pledge? (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 any matter that is not a listed agenda item, why, you're free to come forward at this time. If you wish to be heard on an agenda item, we would prefer that you fill out participation form. They're located at the back of the room. It's not essential, but it helps me to make sure that I don't miss you when we get to that item, or hopefully it helps me make sure that I don't. But if anybody has any comments or anything they'd like to offer on anything that is not a listed agenda item, you're free to come forward at this time and tell us what's on your mind. (No response.) -%~-oe 1 3 4 c 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ Gc 23 24 25 4 JUDGE TINLEY: I see no one moving this direction, so we'll move on. Commissioner 3, what do you have for us this morning? COMMISSIONER LETZ: Not much. We rer_eived four-tenths of an inch in most of the eastern part of the county, which is a little bit of a help. That was followed by 80-degree weather and sunshine, so all that evaporated up within hours. We had one fire over the weekend I'm aware of in my precinct due to the burn ban being lifted; therefore, the burn ban's back on and will be on all week. I think that's all I have. JUDGE TINLEY: Commissioner 4? COMMISSIONER NICHOLSON: There was a lot of burning Saturday and Sunday, smoke all up and down the North Fork and South Fork, and a lot of interesting burning. It just always surprises me what an important issue it is to a lot of people. I'd lifted the burn ban until 5 o'clock tomorrow. That's a little bit risky. We got something over a half an inch generally out there, and it's still muddy, but with a little bit of wind and sunshine, grass tends to dry out pretty fast, so I'm hoping people will be safe. COMMISSIONER LETZ: Y'all have mud? COMMISSIONER NICHOLSON: First time I've seen it since last summer. COMMISSIONER BALDWIN: We can all load up, go out _ _~-ne 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 there and look at it. JUDGE TINLEY: Anything further? Thank you. Commissioner 1? COMMISSIONER BALDWIN: Yes, sir. I just want to remind everyone that on March 17th at 10 o'clock out on the courthouse, we'll have that blood drive that we had planned on, and encourage everyone to attend that and give if you can. Also, a hallelujah to the Lady Antlers of Tivy High School. Basketball team is going to be in the state tournament next week, and that means that they are one of four teams left in the entire state of Texas, and that is an incredible feet in itself. So, Superdome's a nice place to be this time of year. That's all. JUDGE TINLEY: Thank you. Commissioner 2? COMMISSIONER WILLIAMS: Commissioner of Precinct 2 is just like Precinct 3 and others; no burning right now, although we had a couple changes this past week. And there were some fires in the area, but I didn't hear anything got out of control. But it's business as usual right now, no burning. JUDGE TINLEY: Anything further? COMMISSIONER WILLIAMS: No, sir. JUDGE TINLEY: Okay, thank you. Let's move on with the agenda. We've got a fairly short agenda today, and first item on the agenda is to consider, discuss, and take -2~-no 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 1G 17 18 1Q 20 21 22 23 24 25 6 appropriate action on a funding request from the Kerr County Sesquicentennial Celebration to assist in sesquicentennial activities. This was a matter that Mr. Joe Herring, Jr., pretty extensive activities that he's got planned. Mr. Herring? MR. HERRING: My names Joe Herring. I reside here in Kerrville, 431 Meadow Ridge. I'm assisted by Brian Bondy, the president of the Chamber of Commerce. Gentlemen, we have pass out a little card that'll be in the Kerrville Telephone Company bills this -- this next month. And then I have some posters I'm going to pass out; ask that if y'all could find a home for these posters, I'd appreciate that. When you have an event like this, with entertainment like this and venues like this, and you want it to be free for all the citizens, it costs some money. We have been very successful in our y'all an opportunity to be a sponsor as well. I've already graciously put your logo here on our poster as a sponsor, hoping that you'll be positive and generous with me today. Let met briefly run over what we're planning. Friday, April 7th, Governor Rick Perry will be here at the courthouse to proclaim Kerr County Days in Texas and start off _-~~-oh 1 r L 3 4 5 6 7 8 9 10 11 12 13 19 15 15 17 18 19 20 21 22 23 "'° 2 9 25 our event. We're also going to recognize all of the senior citizens, 90 -- 90 years old and older, here that day from all the communities across the county. In 1955, they recognized the eldest native citizen of each community. Because the world has changed a little bit, I think we're just going to recognize anybody who's over 90 from any community within Kerr County. They don't have to be native; just have to be a resident or citizen of Kerr County. That evening, Friday evening, we're goinq to have an event which celebrates not only the -- celebrates not only musically, but in other ways, our -- the different cultures that have made up our history. We have some Indian dancers. The Mt. Olive Baptist Church choir will be here, a mariachi band, an oom-pah band, and special guest, country and western singer Darrell McCall. Then, Saturday, we have a big parade. I hope y'all will be in the parade. I haven't seen an application yet from you guys, but I hope y'all get in there and are at least represented in that parade. Sue Steele is the chair of that event -- I'm sorry, the Friday night event is chaired by Linda Somerville. Then Saturday evening, we have a big birthday bash in the park. you'll note at 4 p.m., we have opening ceremonies. I hope that some of you will be available to make remarks at the openinq ceremonies. And then several other bands, ending up with Gary P. Nunn, and then at dark-30, fireworks provided by H.E.B. Grocery Company. Sunday will be -z.-or 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 a heritage memorial service at 3 p.m. at the Schreiner Dietert Chapel Auditorium, and the Schreiner University choir will be singing, and the featured speaker will be Dr. Sam Dunkin. Can I answer any questions about the event or the request that we've made? COMMISSIONER BALDWIN: Joe, do you know -- I had seen in the paper, and I may have misread it, but I reported to the Court that the applications for the parade, I thought I read February 15th was the due date. MR. HERRING: No, the due date will be right before the parade, about April 5. You still have time. COMMISSIONER WILLIAMS: I talked with Sue Steele, who's the chairman for Saturday night, and indicated to her that we had an item on our agenda to talk about it. And if the Court agrees to the sense of the item, I'll be in touch with her after court today. COMMISSIONER NICHOLSON: And there's some ancillary things going on at the same time. Friday -- I'm sorry, Thursday, there will be a style show, the annual Springtime Splendor of the Chamber. And then the Museum of Western Art, what used to be the Cowboy Artist's Museum, has a special exhibit for children which will offer a reduced ticket all weekend for adults, and children are free, to see what life was like in the mid-1800's. The Riverside Nature Center will have a special Saturday. The Kerr County Historical - r-e~F 1 °°' 2 3 9 5 5 7 8 9 10 11 12 --- 13 19 15 16 17 18 19 20 21 ~~ 23 "' 2 9 25 9 Commission will have living history displays at the Union Church also Saturday, and Friday. And then Saturday night is also the ?0th annual Hill Country Charity Ball. So, a lot's going on. What we try to do, and what they did in 1956, is a lot of things were going all at one time under the umbrella of the sesquicentennial celebration. COMMISSIONER WILLIAMS: Joe, is your funding MR. HERRING: We have found that there are things, when I go to donors and ask them to support this, that they are readily willing to support, but there are other things that also cost money that people probably don't want to have their name associated with, that are still very necessary. One that comes to mind are port-a-pottys. No one really wants to sponsor the port-a-pottys. COMMISSIONER WILLIAMS: You want the Court to associate with port-a-pottys? MR. HERRING: No, I don't necessarily want to put your name on the port-a-pottys, and yet I still want to provide those for our citizens for that event. So, yes, there are some event -- there are some costs that are associated with the event which it's hard to get a major underwriter to say, "Oh, yeah, put my name on that." So -- and the City of Kerrville has done the same thing. The City is waiving all _-=~ ~~F 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 10 fees, all permits. They're paying for all salary costs of all their street crews, the fire crew. The police department will be used in the parade and security of all events. So, I mean, there are some things that governments can do that really will help. And what we were hoping is that -- yeah, y'all have given your blessing to this, but we'd like you to also be a sponsor as well. And, honestly, a lot of people, when I approach them to be a sponsor, they say, "Well, what's the County doing?" And I've said you've been very supportive, but a financial commitment would be nice, too. COMMISSIONER NICHOLSON: I move we approve the request for $2,500. COMMISSIONER BALDWIN: I second it, but I certainly have some questions. JUDGE TINLEY: Motion made and seconded to approve the agenda item to provide financial assistance in the amount of $2,500 to assist with r_osts of the sesquicentennial activities. Any questions or discussion? COMMISSIONER BALDWIN: Yes, sir. $2,500. Are we talking about $2,500 cash, or are we talking about $2,500 worth of in-kind services, or what -- what were you thinking? COMMISSIONER LETZ: My -- COMMISSIONER BALDWIN: Your name's on the agenda. JUDGE TINLEY: Yes, sir. The request that came to me was that because most of these are -- are being -- all of -_ -~ih 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2q 25 11 these events are being held inside the city of Kerrville, City of Kerrville is providing in-kind assistance. They've run some numbers on it, and I think that number runs upwards of $7,500, doesn't it? MR. HERRING: That's a fairly conservative estimate of their contribution. JUDGE TINLEY: Yeah. And, so, the request to us is -- is a cash request at this point. COMMISSIONER BALDWIN: Now, I want to follow that up with a question. Can we use public money for such things? MR. EMERSON: Public money for a public celebration? COMMISSIONER BALDWIN: Mm-hmm. MR. EMERSON: I don't think there's a problem with that, as far as I know. COMMISSIONER BALDWIN: I double-second it. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: Is there a particular line item that somebody wishes that it be taken from? COMMISSIONER BALDWIN: That's a good question. MR. HERRING: I think it comes completely out of Precinct 2, from what I've... (Laughter.) COMMISSIONER BALDWIN: Road and Bridge fund. MR. HERRING: We appreciate -- and also, any feedback you have on it, we just -- you know, we're not at the end of the road here yet. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ GL 23 24 25 12 COMMISSIONER NICHOLSON: I'm really impressed with the organization of this. COMMISSIONER BALDWIN: Me, too. COMMISSIONER NICHOLSON: It's a large and complex project, and I don't know what I expected, but it's being done very, very well. MR. HERRING: That's Brian Bondy's responsibility. COMMISSIONER NICHOLSON: All of you involved in it, my hat's off to you. MR. HERRING: Thank you. I think it's going to be a fun event. I notice the Ingram Chamber -- I'm sorry, the West Kerr County Chamber recently had their annual Chamber banquet, and they celebrated 150 years, so it's all over the county. It's a nice thinq. In May, I'm hearing rumors that the phone book will feature a sesquicentennial theme, so -- in Kerrville. JUDGE TINLEY: Let's figure out where the money's going to come from, gentlemen. COMMISSIONER WILLIAMS: Is there anything in the Commissioners Court -- JUDGE TINLEY: Contingency? COMMISSIONER WILLIAMS: -- Contingency fund? COMMISSIONER LETZ: I'm afraid that we've just about -- my recollection is we've about depleted most of our contingency-type funds. -'~~- ~h 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~, 23 24 25 COMMISSIONER. NICHOLSON: What about Parks? COMMISSIONER WILLIAMS: There is some Parks money, but I think it's committed to the bridge connecting the two park pieces together. COMMISSIONER LETZ: Rusty isn't here this morning. COMMISSIONER WILLIAMS: Where's Rusty? COMMISSIONER BALDWIN: Get some of his. COMMISSIONER WILLIAMS: We need Rusty. Where's Rusty? JUDGE TINLEY: His officers are going to be relieved of some -- possibly some of the security function, the overflow security function, and that may have been the point of your question, I suspect. COMMISSIONER BALDWIN: It was. JUDGE TINLEY: I suspect that it was. But he's probably the principal beneficiary of -- of it beinq cash rather than in-kind, I would suspect. I don't know what remains in the -- COMMISSIONER LETZ: Why don't we -- COMMISSIONER WILLIAMS: Check with the Auditor, see if we can -- COMMISSIONER LETZ: During the Auditor's section, we can find out where that money can come from. See if Rusty has some available from one of his salary line items. At this point in the year, we're... _-~~-oe, 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 14 JUDGE TINLEY: Subject to a determination of -- merely a determination, but only that, are there any other questions or comments on the motion? COMMISSIONER BALDWIN: Not on the motion. I wanted to say that you have -- you really have some great entertainment, Mr. Bondy. Some really good entertainment. This Darrell McCall guy, I don't know; he's -- he's kind of faded into the background the last few years, but what a great, great entertainer. He has a voice like Ray Price, and he does "Frisky Liver." JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: That bombed out, didn't it? COMMISSIONER WILLIAMS: I think -- like "Whiskey River"? COMMISSIONER BALDWIN: "Whiskey River," only his is "Frisky Liver." JUDGE TINLEY: We'll give you another shot at that. COMMISSIONER BALDWIN: Okay, I'll bring that back after lunch. MR. HERRING: He may take requests. COMMISSIONER BALDWIN: It's hard to be funny in here any more. COMMISSIONER WILLIAMS: Especially at 9:00 in the morning. JUDGE TINLEY: Subject only to a determination of ~~ oe 1 3 4 5 h 7 8 9 10 11 12 13 19 15 16 17 18 15 ~0 21 22 23 29 2J 15 what line item the funds are going to be taken from, 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. MR. HERRING: I do hope to see y'all at some of the events, all of the public events. Bring a lawn chair. It's probably going to be a little crowded. And I think it's going to be a good thing. Also, because all our events are outside, we almost virtually guarantee rain for that weekend. COMMISSIONER WILLIAMS: Be careful. JUDGE TINLEY: Mr. Herring, we appreciate all your ~ ettorts. MR. HERRING: You're welcome. JUDGE TINLEY: And the efforts of the Chamber. And I keep seeing lots of things several times a week of the work that you're doing on this thing, and as Commissioner Nicholson said, y'all are really grabbing hold of this thing and really getting it up and running, and we appreciate it. MR. HERRING: Be a lot of fun. Thank you. COMMISSIONER LETZ: Joe, one last thing. Are these intended to go out to our precincts, or to put in the courthouse, or where do you -- MR. HERRING: Anywhere you'd like. We can get you ~'~ - 2 ~ - U 6 1 3 4 5 6 7 8 9 1U 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 16 some more. Brian has those. MR. BONDY: A whole bunch of them. COMMISSIONER WILLIAMS: I'd like to have a couple ~ more. COMMISSIONER LETZ: I would put two in Comfort. Even though it's not -- it's adjoining the county; a lot of the residents live there. Then we can put some in the courthouse as well. MR. HERRING: Yeah, that'd be fine. And you can get as many as you need. We want to get the word out. Obviously, putting them in the phone bill thing will help, but only if you have a Y.errville telephone, so -- we asked the other telephone people. They can't do inserts. We've tried to get it everywhere. It's -- it's a little logistically hard to get the word out to everyone, so the posters will really help, if you can distribute it. Thank you, guys. JUDGE TINLEY: Thank you. Appreciate your efforts. Let's go to the next item on the agenda; consider, discuss, and take appropriate action to authorise Commissioners Court to participate as a body in the Sesquicentennial Parade on Saturday, April the 8th, 2006. Commissioner Williams? COMMISSIONER WILLIAMS: I had a chanr_e meeting with Mr. Bondy at the -- at Mindy Wendele's office -- Main Street office, and he advised me that City Council was, in fact, doing a float and will all be present on the float, and asked - Z ~ - ~ b 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 17 Mindy if any Commissioners, individual, or the Judge or anybody representing Kerr County had applied for -- filed an application for the parade, and she said no, nobody yet. And, so, it dawned on me that we should be there. After all, it is our celebration. And if the City Council's going to be en masse on a float, why can't Commissioners be en masse somewhere in that parade? So -- COMMISSIONER LETZ: Before the City Council, is what you're saying? COMMISSIONER BALDWIN: Absolutely. COMMISSIONER WILLIAMS: Oh, absolutely. Since it's our parade, our celebration, right. So the question, then, is what do we need? Do we walk? Do we ride? Do we take a snow sleigh, or what do we do? I did know at one time of a refurbished 1939 dairy truck that I knew who did it and I knew where it was, so I went to see that gentleman, and it no longer exists; he has sold it. But -- but he did have a 1922 T Model Ford police patrol wagon in vintage condition. Commissioner Baldwin has seen these; I'll show these to you. COMMISSIONER NICHOLSON: Commissioner Baldwin's been in the back of it before. (Laughter.) JUDGE TINLEY: A paddy wagon, I believe. COMMISSIONER WILLIAMS: It's called a paddy wagon, exactly. And he also has a 1927 Chevrolet tourinq car, and he'd be willing to make -- we talked about that being __~ u5 18 1 .~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 "` 2 4 25 available, but we need to talk about how that would happen, if the Court's going to be a part of that. That has a driver, which will be the gentleman who owns this, and his name is Lee Wildman. He lives in your precinct, Commissioner. And he restores cars -- a cabinetmaker by trade, and he restores these things beautifully. If we were of a mind to use that vehicle, there's space on the side that says -- where a sign needs to be placed that says, "Kerr County Commissioners Court." Mr. Wildman would drive the vehicle, and there would be a member of this Court sitting next to the driver. There are big handles on the side and big running boards, and two members of the Court could either run alongside or grab on those handles and ride the running board. And the back the doors swing open, and there's a stair there -- metal stair, and two Commissioners could sit in the back with the door open. Commissioner, now, that's one way you could do that using that vehicle. if that was not an appropriate approach, perhaps he could find someone else to drive both of his vehicles in the -- in the parade. And the other is a touring car, and the touring car only holds four. So, you know, the idea is to be in the parade, and there's a couple suggestions. If anybody else has a better suggestion, bring it out. COMMISSIONER LETZ: I think the key at the moment is to probably vote to be able to allow us to be, as a body, in the parade, and I think then we can figure out the best way to _-~, E, 19 1 2 3 4 5 H 7 8 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 accomplish that. There are quite a few different size trailers, tractors, things like that in the Comfort area that are used extensively in parades, and some of them have trailers. I'm thinking that an old, vintage tractor with a vintage trailer behind it may be another alternative, but I think really the best thing to do is to -- let's vote, and I make a motion to -- MS. UECKER: I think you ought to ride bicycles. COMMISSIONER LETZ: Well, does it have to be posted? Is that the -- how do we allow ourselves to be in the parade? Do we post a meeting? Do you just authorize us to be -- I mean, I think -- MR. EMERSON: You've just got to post it to be there. You're not going to be conducting any officia] county business, but -- COMMISSIONER LETZ: We11, I don't know that we need I a motion. MR. EMERSON; -- just to cover your tail. COMMISSIONER LETZ: We'll just post a meeting on the -- of course, it won't be in the courthouse. COMMISSIONER WILLIAMS: The posted notice will be the Commissioners Court participating in the SesquLcentennial Parade. COMMISSIONER LETZ: Yeah. Just -- we'll post that, and let's get -- and I'll make a few phone calls and see what -?~~ nH 20 1 2 3 4 5 5 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 2q ZS -- and we'll look at various other avenues to get into the parade. COMMISSIONER NICHOLSON: I like that approach. We're probably also all going to be present when the governor's here on April the 7th. Do we need to take care of that also? JUDGE TINLEY: Mm-hmm. COMMISSIONER LETZ: I think we should probably post each of these events. Each of these events, just post it and just have them all listed at one time. COMMISSIONER WILL7AMS: Right, because we're going to be on the courthouse grounds. COMMISSIONER NICHOLSON: I just think celebration of events, April 7th through 9th, any and all. JUDGE TINLEY: We can list them all separately. COMMISSIONER LETZ: We just list them all on one agenda, one listing. COMMISSIONER NICHOLSON: Okay. JUDGE TINLEY: So, your motion is that we -- Commissioners Court participate in a Sesquicentennial Parade on April the 8th, 006, details to be worked out later? COMMISSIONER LETZ: Correct. And we'll post all events for the Court to be able to attend all of them if we so choose. JUDGE TINLEY: Okay. z-2i-o~ 21 1 2 3 9 5 b 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 ,2 23 24 25 COMMISSIONER NICHOLSON: That needs a second? I second. COMMISSIONER WILLIAMS: Commissioner Baldwin I seconded. JUDGE TINLEY: Did you? COMMISSIONER BALDWIN: Whatever. COMMISSIONER WILLIAMS: I thought you did. I'm sorry. COMMISSIONER BALDWIN: I did. JUDGE TINLEY: Okay. Sorry I didn't catch it. Motion made and seconded for the Commissioners Court to participate in the Sesquicentennial Parade on April 8th, 2006, the details to be confirmed later, and that all the sesquicentennial events be posted for participation by members of Commissioners Court. Any question or discussion? COMMISSIONER BALDWIN: I just -- COMMISSIONER NICHOLSON: One question. How are we going to bring this -- make the decision about the parade equipment? JUDGE TINLEY: I think each Commissioner -- every member of the Court ought to have an opportunity to put something in the mix, and then we'll collectively decide which way to qo. COMMISSIONER LETZ: Pt our next meeting, we can decide. __?~-ne 1 3 4 5 6 7 8 9 10 11 12 1 J 14 15 15 17 18 19 20 21 22 23 24 25 22 COMMISSIONER NICHOLSON; Okay. COMMISSIONEP, BALDWIN: I just wanted to make the comment that, you know, I had previously talked about going off on my own, in my own vehicle to ride in, and that's because I want to haul my wife with me, and still want to do that, COMMISSIONER NICHOLSON; That'll work. JUDGE TINLEY: And -- COMMISSIONER BALDWIN: And, so, if we go that route or, you know, if we all bring our wives, I think maybe these vehicles could be a little bit small. COMMISSIONER WILLIAMS: There are a couple other options. Couple other options to go along with this line. COMMISSIONER BALDWIN: But the flatbed trailer is the way to go. I can -- I can see putting a rocking chair on that thing and rocking, with Gary P. Nunn. COMMISSIONER LETZ: And we can just, you know, come up with different ideas, think about it. I'll try to find out what's available in my precinct; others can do likewise. COMMLSSIONER WILLIAMS: If we approve the motion, I'll notify Sue Steele we will be in the parade. That's what she needs to know. JUDGE TINLEY: I think that's the important thing, you know, that we'll participate in it and work it out later. COMMISSIONER NICHOLSON: And one more -- -~~_nr 23 1 2 3 4 5 6 7 8 y 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Z4 25 COMMISSIONER LETZ: Before the City. COMMISSIONER WILLIAMS: I'll tell her -- COMMISSIONER BALDWIN: But she -- COMMISSIONER WILLIAMS: I'll tell her that privately. COMMISSIONER BALDWIN: Actually, see, the governor's not going be in the parade, so I can see a fire truck and maybe the Sheriff. COMMISSIONER LETZ: No. COMMISSIONER BALDWIN: But right in there somewhere is us. No fire chiefs, no commode cleaners, none of that stuff. Us. COMMISSIONER WILLIAMS: I get the message. COMMISSIONER BALDWIN: Okay. Well, I've said this a whole bunch of times already, so -- now, are we bringing back the mechanics of floats next meeting? COMMISSIONER WILLIAMS: I'll bring back some mire options in addition to these, and anybody else who has options, bring them back. COMMISSIONER BALDWIN: Okay, next meeting. JUDGE TINLEY: I think we've got at least two meetings to -- COMMISSIONER LETZ: Yeah. JUDGE TINLEY: -- to hash around on that. If the entries are not going to close until early April, immediately -~ ~-u ~, 24 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 24 25 before the event, we'll have plenty of time to work out the details. COMMISSIONER LETZ: Riqht, but I think we do need to commit to the -- JUDGE TINLEY: Absolutely. COMMISSIONER LETZ: -- person doing it, whoever's going to be supplying the equipment, whatever it is. COMMISSIONER WILLIAMS: That's right. COMMISSIONER LETZ: If they want to go elsewhere. MS. UECKER: You know, the Neunhoffers do have those vintage vehicles. COMMISSIONER WILLIAMS: I understand Julius is going to be in the parade with a vehicle, but I don't know what. I've got a call in to him, too. MS. DECKER: Okay, good. COMMISSIONER WILLIAMS: To find out what it is he's planning to do. But the Judge maybe could ride alongside with Julius; I don't know. A lot of options. MS. UECKER: Yeah, there you go. COMMISSIONER LETZ: Okay. COMMISSIONER WILLIAMS: And the Historical Commission needs to be represented. Maybe that's what Julius is doing there; I don't know. I'll find out. JUDGE TINLEY: Any further question or discussion on the motion? All in favor of the motion, signify by raising _.-~ uc 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your right hand. (The motion carried by unanimous vote.) DODGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Let's move to the next item, consider and approval of resolution supporting an application for the renewal of grant from the governor's office for funding for special prosecutor for Violent Crimes Against Women, sometimes commonly referred to as V.A.W.A. MR. EMERSON: Correct. And I'm filling in for Ms. Bailey today; she's currently upstairs in district court. There is not any imposed cost increase to the County above what the ~~urrent grant was. And although I do not have her report in front of me, I know the last statistics page I saw, her numbers were about 15 to 20 percent above what was proposed in the initial grant, and growing. So, I know from my perspective, and my understanding is from both District Attorneys' perspective, the position's been very fruitful. COMMISSIONER LETZ: Move approval of the agenda item. COMMISSIONER WILLIAMS: Second. The last report was very good. DODGE TINLEY: Motion made and seconded for approval of the agenda item. Any question or discussion? All in favor of the motion, signify by raising your right hand. _ _~ of, L V 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2q 25 (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 4; consider, discuss, and take appropriate action to allow Road and Bridge to advertise for bids on Town Creek Crossing improvements. MR. ODOM: Yes, sir. When TexDOT funded the Hermann Sons Bridge, they waived $110,485 to be paid by Kerr County if Kerr County agreed to commit those funds elsewhere for drainage and bridge purposes. At that time, we committed to use these funds to upgrade two locations on Town Creek. Hearn Engineering has done the engineering bid package. At this time, we are asking the Court to allow us to go out for bids on construction for the first Town Creek Crossing. I'm open for any questions. COMMISSIONER BALDWIN: I just wanted to make a comment about it. Here's another time that Leonard and -- and his crew is out in front of the game. The -- the Holdsworth Loop issue is coming in that area, and there is going to be, in my mind, quite a bit more traffic thrown on Town Creek Road. He's preparing for that, and we're going to be out in front of that thing. And when would -- when would the -- the job be finished? MR. ODOM: Well, if we -- if we start, it's about 90 -~v-u~~ 1 2 3 4 5 5 7 8 9 10 11 12 13 19 15 15 17 18 19 20 21 22 23 2q 25 2~ days. We think that we'd cast in place, is the way we're probably going to go with it; that it could be at 50 days to 70 days in there that -- from the time we start. What we need now, the only thing we're waiting on is to get the commitment for construction easement on both sides of it. And once I get that, then the packet will be out for bid and we'll set the Gate explicitly for that. COMMISSIONER BALDWIN: So, we're way out in front of the Holdsworth Road -- MR. ODOM: So, sometime this summer -- to answer your question, sometime this summer, we start. COMMISSIONER BALDWIN: So, my hat's off to Road and Bridge Department for being able to see down the road and -- or see down the bridge. COMMISSIONER LETZ: Over the bridge. COMMISSIONER BALDWIN: Over the bridge and down the dale. So, I move for approval -- let's see here -- approve Road and Bridge Department to advertise for bid on Town Creek Crossing improvements. COMMISSIONER WILLIAMS: Second. JQDGE TINLEY: Motion made and seconded for approval of the agenda item. Any question or discussion on the motion? COMMISSIONER WILLIAMS: Two different crossings, right? MR. ODOM: Yes, sir. At this -- what we're trying _-a~-nt, 1 2 3 4 5 5 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 ~5 28 to do, we'll see where we're -- once we get this bid, we'll know what the money situation is, and then we'll go out for the engineering on the other one and we'll address that as we go along. But I need to spend that 110,000. We feel like that will be used up either with this project, and the other engineering may go in and we'll address it in a year or two. We tiad three years from the time of completion to do this, and that's what we're trying to stay ahead of the game. JUDGE TINLEY: Any other questions or comments? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does ~~arry. COMMISSIONEP. LETZ: Judge, before -- I think maybe I can ask this. Is there a match or a similar requirement on the highway bridge? Or the city -- MR. ODOM: No, they went 100 percent. I don't ~ know -- COMMISSIONER LETZ: Okay. MR. ODOM: That was 100 percent. We had to contribute nothing on that one. COMMISSIONER LETZ: Okay. I know -- COMMISSIONER WILLIAMS: Give any right-of-way? COMMISSIONER LETZ: Yeah, a long time ago. _-_~ ~~e 1 2 9 5 6 7 8 9 10 11 12 13 14 1J 16 17 18 19 20 21 22 23 24 25 29 MR. ODOM: Long time ago. We did buy some right-of-way; I think it was from Dr. Lewis, I believe. Or -- COMMISSIONER LETZ: We condemned it, actually. MR. ODOM: Yeah. But that's been three, four years ago, maybe, in that process. COMMISSIONER LETZ: Longer, I think. But, anyway... JUDGE TINLEY: I think the last condemnation portion just got concluded last year or year before last. MR. ODOM: Yes, sir. JUDGE TINLEY: Over -- it's on the segment between Junction Highway and Turtle Creek Road. COMMISSIONER LETZ: Okay. JUDGE TINLEY": Okay, thank you. MR. ODOM: Thank you. JUDGE TINLEY: Let's go to the next item; consider, i discuss, and take appropriate action on Kerr County Organization Development Survey. Which one of you gentlemen wants to run with this? COMMISSIONER NICHOLSON: Well, I think what we have here is, in our last meeting, I showed you a copy of a survey form that me and Commissioner Letz developed. We weren't very ', specific about how we would proceed, so we thought it'd be good to get it back on the agenda so that we can raise any concerns or issues about it and go forward. What we're trying to do here, of ~~ourse, is to gather some information that 7 - 0 h 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lh 17 18 19 20 21 22 23 24 ~5 would be useful to us in our -- the so-called off-season meetings we committed to that look at the ways we organize our work and how we accomplish it, to see if there's ways to do it better. So, that's -- that's what this is about. ~' COMMISSIONER LETZ: And the other view, I think, to add one more point, was that the -- the, I think, intent of the Court has been that the Court wants this done, and we felt that it should come out under a court order, as opposed to two Commissioners, and to let the other department heads and elected officials understand this is something the Court as a whole is requesting prior to this year's budget process. JUDGE TINLEY: You had something? MR. EMERSON: Just one quick comment. And I didn't know this was coming out, but about a month ago, based on comments in court, I requested from the Texas Association of Counties a publication that they have that specifically addresses the organizational constitutional duties of the offices, and I've not received that yet. We called last week and checked, and it's -- supposedly, it's on the way. COMMISSIONER LETZ: Okay. This -- you know, and I'm aware that there's -- that, to me, is a component of it. But I think the -- the missing part of that is the man hours it takes to do -- to do that fun~~tion, as to how much -- I mean, you know, I see Linda here, so I'll pick on Linda. You know, how many of her employees are required to do her z r-r~E 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ly 20 21 22 23 24 25 constitutional duties versus the few other things that she does, such as passports, which is a minimal thing -- or maybe it's not minimal. But just trying to get an idea as to what the constitutional duties require versus what other functions require, and how much time we're spending county-wide on things that we don't have to do by the Constitution. So, it's just kind of a -- and it's not -- I wouldn't -- Dave and I were looking at this. It's going to be -- it's somewhat subjective, I think, when we get this back, because, I mean, people aren't that regimented in their job assignments. I mean, you don't have this person doing this, this, and this, so it's going to be a little bit of an estimation. That's why we're relying on the expertise of other elected officials and department heads as to kind of give us an idea of how much time is being required to do each of the functions in their office. COMMISSIONER WILLIAMS: All department heads and all elected officials? COMMISSIONER LETZ: (Nodded.) COMMISSIONER WILLIAMS: So moved. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item to be distributed to the -- the Organizational Development Survey to be distributed to all elected officials and department heads for response as -~~-~~~ 32 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 indicated. Any question or discussion on the motion? MS. UECKER: Yeah. I -- looking at the survey, it would almost make sense to -- if you want to do this, that each separate employee is going to have to complete a survey on their own, because I don't think one person can do it all. You know, if you're looking for 100 percent of hours, you know, accountable hours for, in my case, seven employees, then I think what you're going to need is to have each employee do a survey, just like we did for the Nash study. COMMISSIONER LETZ: I don't -- COMMISSIONER WILLIAMS: Why can't the department heads provide it to each employee, and then pull it all together into one report? COMMISSIONER LETZ: I don't disagree with that at all, Linda, but I think I'm uncomfortable asking your employees to do something. And I think I want to give it to you, and then you can either -- and each department head or elected official can do it as they want. I think that -- you know, I -- MS. UECKER: You know, I don't have any problem doing it. Now, there is a book about that thick that's called a District Clerk's Manual that lists all of that. It doesn't say what that -- what the hours are. COMMISSIONER LETZ: I think -- yeah. MS. UECKER: But, you know, we're going to need some 33 1 2 3 4 5 5 7 8 9 10 11 12 1J 14 15 16 17 18 l~ 20 21 22 23 24 25 time. We're looking at time. COMMISSIONER NICHOLSON: This doesn't have to be very precise. COMMISSIONER LETZ: We're talking -- yeah. COMMISSIONER NICHOLSON: We just want to get a good estimate, like -- first, we want to learn what we do. We don't -- none of the five of us have a complete understanding of all the work that's done in the county, so we want to learn what we do, and then just some estimate about who does it and how much man hours it takes. Precision is not important. COMMISSIONER LETZ: I mean, we -- I mean, I don't know how -- you said there's a book this thick for your -- for your office. Clearly, I don't expect you to go by every little item and say, "This takes .3 hours per week, and this takes .1 hour." We're talking about -- you know, lump things together in as large of categories as you can, but still be meaningful. MS. UECKEF.: Okay. Well -- JUDGE TINLEY: You're suggesting that maybe we need to extend the deadline to allow for a little bit more time? COMMISSIONER LETZ: That can be -- COMMISSIONER NICHOLSON: Sure. MS. UECR:ER: Yeah. Because, you know, I -- I've got -- I've qot so much that overlaps that almost everybody does almost everything. __>,-nF 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Mm-hmm. MS. UECKER: And it just depends on -- on the needs and who's available and, you know, what's going on. And I'm trying to think how I can assign hours to -- COMMISSIONEP. NICHOLSON: See, when -- let me give you an example. And, again, I know not very much about what's done. I would think in terms of big buckets. If I were in the Tax Collector/Assessor's office, one item might be collect license plate fees or whatever that is. MS. UECKER: So, you want it very general. COMMISSIONER NICHOLSON: Four people, 90 hours a week, and that's as detailed as I need to know there. And I didn't mean, you know, fill out this form, keep all that. Just -- COMMISSIONER LETZ: And more specific to your office, like, how much time do -- working with the district courts? To me, that's one item. I don't care what they're doing as much. You know, it's more that these man hours are assigned to the district courts. These are assigned to keeping track of all the different trusts and things that you have to keep track of and all that kind of stuff. COMMISSIONER BALDWIN: Do you care how much she spends with 198th and how much with 216th? COMMISSIONER LETZ: Not really. COMMISSIONER BALDWIN: Just lump all that -- -z~ uF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 COMMISSIONER LETZ: Not really. They're district courts. I mean, and whether -- and that's the -- you know, that's the issue to me, as to how much time is going to that one job funr_tion, which is courts. JUDGE TINLEY: With that explanation, what does that do for you on the -- on the response time? MS. DECKER: Well, considering some -- a lot of other obligations I have between now and then, I would like, you know, a little more time. COMMISSIONER LETZ: March 20th? No problem. MS. DECKER: I know Jannett's doing an election; I don't know what that does for her. COMMISSIONER LETZ: We can do it, you know, March -- COMMISSIONER NICHOLSON: That's good. COMMISSIONER LETZ: March 20th is good. Okay. JUDGE TINLEY: Work for you? COMMISSIONER WILLIAMS: Mm-hmm. JUDGE TINLEY: Okay. MS. PIEPER: May I ask what the survey's supposed to show y'all? I mean, we -- every several years, we qo through some kind of survey. All it does is take up our time. i Nothing comes out of it. COMMISSIONER LETZ: It helps us -- it helps me at budget time. We get requests all the time as to what's going on, and last year, there's -- you know, we didn't have enough _~-oF 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 29 25 information to make -- I mean, different personnel and manning questions. MS. PIEPER: Well, if you want this very general, it's not going to give you enough information anyway. COMMISSIONER LETZ: I think it does. MS. PIEPER: Seems like if you just take a trip to ~ our office -- COMMISSIONER LETZ: I'm in your office. MS. PIEPER: -- that would help. COMMISSIONEP. WILLIAMS: Won't hurt anything. MS. PIEPER: Right. ' JUDGE TINLEY: Any other questions or comments on the motion? COMMISSIONER LETZ: If you choose -- anyone who chooses not to do it, that tells us something, too. So, if you don't -- MS. PIEPER: I'll do it, but I don't -- I mean, it's going to be general, because I have elections. COMMISSIONER LETZ: All right. JUDGE TINLEY: Any other questions or comments? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: Motion does carry. Let's move to -~~-nu 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 z4 25 Item E, if we might; consider and approve the appointment of Mr. Ben Alves of Mountain Home to an unexpired two-year term as a Commissioner on the Kerr County Emergency Service District Number 2 Board of Commissioners, vacancy created by the resignation of Mr. F.C. Henson. Mr. Nicholson? COMMISSIONER NICHOLSON: Mr. Alves comes recommended to us by a number of residents in the Mountain Home area. He lives off Highway 41, retired businessman. He and his wife are very active in -- in giving back to the community. And from all the reports I have, he'll be a good and valuable member of the -- of the ESD, and he'll probably be able to help put things back on the track that they need to be on, so I move that we approve Mr. Ben Alves. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item to appoint Mr. Ben Alves of Mountain Home to an unexpired two-year term as a Commissioner on the Kerr County Emergency Service District Number 2 Board of Commissioners. Any question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Let's move to the next item, set a public hearing on Kerr County Subdivision __~-oh 38 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 15 17 18 19 20 21 22 23 29 25 Rules and Requlations and Water Availability Requirements. Commissioner Letz? COMMISSIONER LETZ: As the backup showed, the -- due to unexpected circumstances, the notice was never posted for the public hearing, so we need to reset the public hearing and qet it posted properly. JODGE TINLEY: Does that require 30 days? COMMISSIONER LETZ: That's what -- I don't believe it requires any notice. I think we've always given it 30 days. If -- if there's no problem, I'd like to go with our next Commissioners Court meeting. I think the -- many of the public that are aware were planning to be here today, 'cause they knew about it, and I said, "No, we're not going to do it today because of the posting." But I think we can probably do -- a two-week posting on it should be adequate, as long as we get it in the paper this week. COMMISSIONER NICHOLSON: There is -- is quite a bit of interest in it, and that's good. I hope people show up and help us make the right decision. COMMISSIONER LETZ: So, to me, another two weeks certainly doesn't hurt anything, so I would make a motion that we set the public hearing for Monday, March 13th, at -- Monday, March 13th, at 1:30. COMMISSIONER NICHOLSON: Second. COMMISSIONER LETZ: And that will be a public >_?~_~~6 39 1 2 3 4 5 6 7 8 9 10 11 1 L 13 14 15 15 17 18 19 20 2 1 22 23 29 25 hearing for both the Subdivision Rules and Regulations and Water Availability. COMMISSIONER WILLIAMS: Who's going to post it this time -- advertise it? COMMISSIONER LETZ: Kathy will make sure it gets posted. Correct? MS. MITCHELL: Usually the Clerk's office does that. COMMISSIONER LETZ: Okay. MS. MITCHELL: But I will make sure that -- COMMISSIONER LETZ: Get with Jannett, make sure it gets posted. COMMISSIONER BALDWIN: Let me ask you a question. You may have just -- probably did just answer it, but isn't all notices done by the County Clerk's office? COMMISSIONER LETZ: Road and Bridge does theirs, the street names and those, I believe. And that's where the confusion came on this one, because it's a -- COMMISSIONER BALDWIN: Well, water availability is a long ways from a street name. I mean -- COMMISSIONER WILLIAMS: Subdivision Rules. COMMISSIONER BALDWIN: -- I don't see the confusion, why it was confused, but I'm kind of with Commissioner Williams here. Who is going to do it? COMMISSIONER LETZ: County Clerk. COMMISSIONER BALDWIN: Okay, thank you. -~-n6 40 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23. 24 25 JUDGE TINLEY: Any further question or comment on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Let's move to the next item; consider, discuss, and appointment of David Billeiter to the Kerr County Child Services Board. Commissioner Baldwin? COMMISSIONER BALDWIN: Yes, sir. We're adding another person of integrity to this board, and when we get this board up and running the way we want to, everybody in town is going to want to know now we did it. COMMISSIONER LETZ: They'll be on the board. COMMISSIONER BALDWIN: Yeah. I guess I'll have to get on the board. COMMISSIONER WILLIAMS: They'll all be on the board. COMMISSIONER BALDWIN: Have to wait till next election time before I get on it, but -- COMMISSIONER LETZ: Oh, that's why we have -- so, there's a vacancy we're filling? COMMISSIONER BALDWIN: Yes. There's a vacancy we're filling, yeah. COMMISSIONER LETZ: Okay. _, ,_r,r 41 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: And I probably -- maybe we have a couple more to go. But, anyway, David's a good guy and a perfect person for this thing. Good fit. I move that we approve David Billeiter as a member of the Kerr County Child Service Board. COMMISSIONER LETZ: Second. JODGE TINLEY: Motion made and seconded for the appointment of David Billeiter to the Kerr County Child Services Board. Any question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: A11 opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. We'll go to Item 9, order authorizing the County to enter into a financing lease with Bank of America Leasing and Capital, L.L.C., for purpose of financing the acquisition of certain computer hardware and software from The Software Group, a division of Tyler Technologies, Inc., and authorizing the County Judge to approve and execute the final form of a Master Equipment Lease/Purchase Agreement with Banc of America Leasing and Capital, L.L.C., and all of the documents deemed necessary related thereto, and approving other matters related to such lease financing. I put this on the agenda so we could -~~ n.° 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 .1 ?~ 23 29 25 conclude with the purchase or lease, whichever, the transaction on the upgrade of the computer hardware and software system that the Court had approved. As the Court will recall, it's $1,030,000. It will be paid over a five-year term, interest rate or factor of 4.015 percent. County Attorney has -- COMMISSIONER WILLIAMS: Four point what, Judge? JUDGE TINLEY: 4.015. Speaking from memory, but I'm i pretty sure that's correct. I've got a pretty good grasp of those numbers. COMMISSIONER LETZ: 4.015. JUDGE TINLEY: Mm-hmm. Mr. Emerson? MR. EMERSON: Yes, sir. i JUDGE TINLEY: You've had an opportunity to review the documents? MR. EMERSON: Yes, sir, reviewed the documents. It appears to be standard language pursuant to bank records. And based on the amount of exposure on this being over a million dollars, I did take the documents and forward them to a private attorney who's experienced in banking matters and asked them to back me up. And they took a look at the documents and were comfortable with them also. COMMISSIONER BALDWIN: Fantastic. COMMISSIONER WILLIAMS: First amortization payment is due when? Budget year? ~~-o~ 43 1 3 4 5 H 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ^1 2~ 23 24 25 JUDGE TINLEY: It's '07. February or March, '07, I believe, somewhere in that range. COMMISSIONER LETZ: So, this gets paid off in '012? JUDGE TINLEY: '11. COMMISSIONER LETZ: '17? JUDGE TINLEY: Mm-hmm, five-year. COMMISSIONER LETZ: Oh, okay. There was -- only question I have, just -- I didn't go back and check. I know it refers at one point in here to a date in -- of a January 10th meeting, a vote that we took, a record vote we took. Is that date correct in here? 'Cause I don't recall taking a rer_ord vote on this in January. Somewhere back in here. T should have highlighted it, but I was feeding Gus at the time and didn't have a pen. ~ JUDGE TINLEY: I see. COMMISSIONER BALDWIN: Poor Gus. JUDGE TINLEY: A legitimate excuse. COMMISSIONER LETZ: Seemed like my recollection, it was towards the back. COMMISSIONER BALDWIN: Judge, while y'all are doing that, should we get the Auditor in here to -- JUDGE TINLEY: That -- yeah. We're fixing to get -- COMMISSIONER BALDWIN: -- talk about several things? JUDGE TINLEY: Yeah. COMMISSIONER LETZ: Attachment G, Page 1. ~_~~_,~h 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 '~ 23 24 L S COMMISSIONER BALDWIN: Attachment G. COMMISSIONER LETZ: About this far back. It refers to a January 10th -- and I'm sure -- I presume someone checked that, but I just... JUDGE TINLEY: Necessarily, that date would need to be changed to reflect the current date. COMMISSIONER LETZ: That should be today's date? JUDGE TINLEY: I believe so, yeah. COMMISSIONER LETZ: Okay. I wasn't sure if it was -- the date was -- needed to be changed, or if we did a vote back then that -- DODGE TINLEY: No, that's the -- that's the agenda i item that's posted for today where that matter was considered. 7'm not certain why we got the January 10th -- COMMISSIONER WILLIAMS: Change that to today's date? JUDGE TINLEY: Yeah. That`ll be -- that'll be modified to today's date necessarily, yeah. COMMISSIONER LETZ: Okay. i MS. WILLIAMS: Morning. (Discussion off the record.) COMMISSIONER BALDWIN: Spent the whole weekend on it, huh? I'm impressed. COMMISSIONER LETZ: Got to do something at 5 o'clock in the morning, sitting in front of the fireplace with Gus. COMMISSIONER WILLIAMS: He read all this stuff. c - - l) F 45 1 2 3 9 5 b 7 8 9 10 11 12 13 14 15 16 17 18 19 zo 21 22 23 ~4 25 COMMISSIONER BALDWIN: Yeah, right. COMMISSIONER WILLIAMS: Absolutely. JUDGE TINLEY: You obviously didn't catch -- COMMISSIONER LETZ: The other typo? JUDGE TINLEY: -- the one which is on -- let me see where it is. Maybe you did and you're just laying back. On Attachment A of Schedule A, Number 1, Lessee's Acceptance Certificate. Schedule A, Attachment A, Page 1. COMMISSIONER WILLIAMS: I don't see it. JUDGE TINLEY: On about Page 6, I guess. County Clerk's just joined my family. COMMISSIONER LETZ: Oh, yes. Jannett Pieper Tinley. JUDGE TINLEY: I don't have a motion yet, do I? MS. THOMPSON: No. COMMISSIONER LETZ: Move approval, with a couple of corrections we noted. I COMMISSIONER NICHOLSON: aecond. ~ JUDGE TINLEY: Motion made and seconded, with the proviso that any typos or date corrections be made. Any question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Does any z ~ ~,, ~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46 member of the Court have any item to be considered in closed or executive session? Let's move to the approval agenda. First item is payment of the bills. COMMISSIONER BALDWIN: Judge, I have one question. 7n the bills, on Page 3, 216th District Court. I see all these attorneys, you know, and you see one bill here for 2,000, and a lot of them are 350, and maybe a 900, and, you know, there's many here. But there's one for $25,000. JUDGE TINLEY: I noted that also, Commissioner. I hope that's a typo. COMMISSIONER BALDWIN: It's not? MS. WILLIAMS: No. This is on a capital murder case, and it was on an appeal. COMMISSIONER LETZ: Is that the -- MS. WILLIAMS: Ramiro Hernandez, JUDGE TINLEY: Mm-hmm. COMMISSIONER LETZ: I can't remember which -- COMMISSIONER BALDWIN: Is that supposed to impress somebody, that -- his name or something? I mean, I don't get it. COMMISSIONER LETZ: What was -- what -- MS, WILLIAMS: If I remember correctly, this is the one that the murder was committed -- the rancher. I cannot think cf the gentleman's name. COMMISSIONER LETZ: Lich. -_,-r,, 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Lich. COMMISSIONER LETZ: The Lich murder. MS. WILLIAMS: It happened back in '97. COMMISSIONER LETZ: But he was -- he was in Mexico for a while; they got him extradited back. MS. WILLIAMS: I believe so. COMMISSIONER LETZ: I believe it was the Lich trial. COMMISSIONER BALDWIN: Well, is the 25 grand -- would that be from day one to -- all the way through the completion of it? JUDGE TINLEY: No, that would have been for appellate work only. I think the trial counsel would have been paid, and then in an indigent case, the normal procedure is -- and I assume that was followed in this case, Commissioner -- is that once the trial portion of it is completed, there's a mandatory appeal on any death sentences, anyway, to the Court of Criminal Appeals. And there's a separate appointment for the attorney to handle it on appeal, and apparently Richard Langhorn was designated by the Court to do that. COMMISSIONER LETZ: There's not a death -- this isn't a death sentence, because I don't believe the extradition -- MS. WILLIAMS: I think his was. COMMISSIONER LETZ: His was? Okay. During the 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 extradition process. COMMISSIONER BALDWIN: One final question. Is this a local attorney? JUDGE TINLEY: No, sir, he's out of San Antonio. COMMISSIONER BALDWIN: San Antonio, Texas. JUDGE TINLEY: Or he was. As far as I know, he I still is. COMMISSIONER WILLIAMS: I suggest you can expect some more bills. COMMISSIONER BALDWIN: Mm-hmm. COMMISSIONER LETZ: Okay. JUDGE TINLEY: Is this the final amount for the appeal, or do we know? Ms. Williams? MS. WILLIAMS: I don't really know. I'd have to look at that bill. I do believe, when I looked at it the other day, it was -- his actual bill was more than the 25,000, but this was, like, a cap that he had put on it, or that someone had put on it, and that was all he was billing us for. But I don't believe it stated in there that was the final billing. COMMISSIONER LETZ: Shouldn't this come out of Special Trials? Being a -- MS. WILLIAMS: I asked that same question to Mr. Tomlinson, and he said that if we put it under Special Trials, we cannot try to recoup some of this cost. If we pay _,-n~ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 Z3 24 25 49 it out of Court-Appointed Attorneys fees, there is a form, I believe, that we can send to the State on capital murder cases where we can try to recoup some of this expense. JUDGE TINLEY: Also, it would make a difference when we report our indigent defense -- MS. WILLIAMS: Exactly. JUDGE TINLEY: -- numbers, and if we don't reach a certain threshold level of was whatever it was six, seven years ago or something, -- MS. WILLIAMS: Correct. JUDGE TINLEY: -- we're not eligible for additional grant funds out of the -- out of the additional pool, I guess is probably the right way to put it. MS. WILLIAMS: Right. COMMISSIONER LETZ: Well, then, shouldn't -- to me, I mean, it still should come out of the Special Trials fund, I but maybe transfer into this one. That's the purpose of Special Trials, is generally capital murder trials. That's why we have the fund; we know these are coming up. So, it seems that the dollars should -- from a budget standpoint, should come out of Special Trials, even if they get transferred into the proper line item at the time. i MS. WILLIAMS: I'm not real sure, but I think in order for us to report the funds under the indigent defense, it has to be paid out of the Court-Appointed Attorney line _-~~-or 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1R 19 20 21 22 23 24 25 item. If we pay it out of Special Trials -- COMMISSIONER LETZ: I'm saying we should, I think -- then why do we even have Special Trials? I guess my point is, if we have to pay for capital murder trials out of this line item, and most of them are indigent, then why do we even have the Special Trials fund? MS. WILLIAMS: I think the Special Trials fund, if I understand, is to cover any special trials that might occur during the budget year. JUDGE TINLEY: I see where you're coming from, Commissioner. This is probably not something that you would ordinarily consider coming out of regular Court-appointed attorneys. It may be necessary that, later on in the year, we keep this in the back of our mind; we may have to transfer some from Sper_ial Trials. MS, WILLIAMS: And then, at that point, we could do I that. JUDGE TINLEY: Over to Indigent Defense. But -- but your point is well-made, that this is not something that you normally anticipate as a regular Court-appointed attorney. COMMISSIONER LETZ: Right. 'Cause we -- COMMISSIONER WILLIAMS: If that's the case, then we have to keep track of all these trials as they work their way through the appeal process. COMMISSIONER LETZ: I think we do that anyway. I _-~~_u~ 51 1 2 3 4 5 6 7 8 9 10 11 1~ 13 14 15 16 17 18 19 20 21 22 23 24 25 think -- I mean, I think Mr. Ramirez' defense is -- aye could probably go back and pick up every invoice we've paid for that, and every other person. But I just think that it's just ~I a matter of how we budget it. It seems that we've always budgeted Special Trials for capital murder trials. You know, which I don't have any problem with doing it that way, but it seems the moneys should flow back and forth as we need it to r pay the bills. I MS. WILLIAMS: Right. COMMISSIONER LETZ: Okay. Move we pay the bills. COMMISSIONER BALDWIN; Second. JUDGE TINLEY: Motion made and seconded for -- to pay the bills. The election equipment on Page 1, this is the base cost of the equipment? It doesn't include any training? MS. WILLIAIS: I believe it's just the equipment. JUDGE TINLEY: Okay. Let's see what else we got here. On Page 5, Jail Maintenance, about $4,800 there. Is that the rubber room, or is that something else? Remember the rubber room that got tore up? MS. WILLIAMS: Oh, no, sir. This is -- if I am remembering right, they are doing some remodeling out there to set up an area for the task force. They're taking up the carpet and putting down tile. COMMISSIONER WILLIAMS: Is this for the task force, or is this for the distance learning? -_ -rio 52 1 L 3 4 5 E 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 ~4 25 MS. WILLIAMS: What I understood was for the task force, that they were going to be setting up a room for the task force. Because this -- this particular bill to Mr. Crider is the one you're talking about. JUDGE TINLEY: Mm-hmm. MS. WILLIAMS: This is strictly just the labor charge of taking up the old carpet, repairing the floor, laying down the tile. There is another bill that will be coming, probably -- maybe next court date, for the actual materials, and it's right in and around this same amount. JUDGE TINLEY: How much t he are we putting down out there? MS. WILLIAMS: A fairly large room, is what I understood. JUDGE TINLEY: I would surmise that, based upon almost $5,000, if we're talking about labor only, and another 5,000 for -- for materials. MS. WILLIAMS: Right. COMMISSIONER LETZ: It's a question for the Sheriff, JUDGE TINLEY: Yeah. COMMISSIONER LETZ: Okay. JUDGE TINLEY: Okay. Anything further? A11 in favor of the motion, signify by raising your right hand, (The motion carried by unanimous vote.) JUDGE TINLEY: A11 opposed, same sign. 27-no 53 1 3 9 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~4 25 (No response.) JUD,E TINLEY: The motion does carry, Budget amendments. Budget Amendment Request Number 1. MS. WILLIAMS: Okay. What we would like to do, we are constantly gettinq revenues in from the Road and Bridge Department, either for signs that they make for individuals or for culverts that they have installed for individuals, the surplus property that I believe they were allowed to sell at a previous court meeting. We need to set up revenue line items to record these funds coming in, instead of -- at the present time, they're going back against the expenditure line items, and our outside auditors are telling us that's really a no-no; we shouldn't do that. When you do that, you misstate what you've a~~tually spent during the budget year. So, what I'm asking the Court's permission to do with this budget amendment ~~ is set up revenue line items to record those revenues coming in, and then once every quarter, come in and let you know this is the amount of money that we've brought in. We need to increase this revenue line item, and on the same side, increase the expenditure line item so that they can use those funds in this year's budget. i COMMISSIONER LETZ: Then the -- does the revenue -- II I is it appropriate for the revenue to go back into these same line items, as opposed to going into the general fund? II MS. WILLIAMS: Yes, sir, because they're using their - -' o~ 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~4 25 -- their stock, their culverts, their sign stock, whatever, to ~ actually do these jobs. COMMISSIONEP. LETZ: Okay. COMMISSIONER WILLIAMS: And they're already accounted for in that line item. MS. WILLIAMS: Yes, sir, mm-hmm. COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: Second. I agree. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 1. Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Budget Amendment Request Number 2. MS. WILLIAMS: We have received another bill for the Detention Facility for food expense. And, as I explained last meeting, we're basically out of money. So, what I need to get the Court's approval to do is to allow us to move $ 79.56 out of Group Insurance up to the Food line item in order to pay this bill to H.E.B, for food charges, and we also need approval for a late bill. We need to get this paid before a certain date, and it won't -- won't be done before our next -z~ ~~F 1 3 4 5 6 7 8 9 In 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G 5 55 court meeting. COMMISSIONER WILLIAMS: Mindy, we've talked about this and related items, you and I. MS. WILLIAMS: Mm-hmm. COMMISSIONER WILLIAMS: And it seemed to me, this is -- what we're doing today is nothing more than a bandaid on this particular Line item. MS. WILLIAMS: Yes. COMMISSIONER WILLIAMS: What do we know about what we need to get us to the point -- at least to the six months review of our budget on this thing? What is necessary? MS. WILLIAMS: Right off the top of my head, L'm going to say anywhere between $8,000 and $10,000 a month, and ~I that is just a rough guess. I believe at the last court meeting, the printcut I had showed one month we'd spent over 11,000. The next month it was, like, close to nine, and I think the third month was maybe around six or seven. It looks like the food costs are going down a little bit, but we never I' know for sure until we get the statements in as to what we're actual]y going to be spending. COMMISSIONER WILLIAMS: If we're showing a negative for food nn this budget item at this point in time, you're telling the Court that there is nothing in that account, or nothing for this particular month in that account? MS. WILLIAMS: Correct. _-_ -oF 56 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Which? COMMISSIONER LETZ; Nothing in the account. COMMISSIONER WILLIAMS: Nothing, period? MS. WILLIAMS: Nothing left in that line item. We have totally used the $30,000 that was budgeted. COMMISSIONER WILLIAMS: So, if we don't do something, tomorrow we get hungry? MS. WILLIAMS: Well, they -- they're Still buying. They're still charging -- COMMISSIONER WILLIAMS: I understand. MS. WILLIAMS: -- without a problem. But when we get the bills in, we`re not going to be able to pay them if we don't ... COMMISSIONER LETZ: I move approval of this agenda item, but I have a comment. COMMISSIONER WILLIAMS: Well, I'll second it, but we've got to have more discussion. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 2. Any questions or comments? COMMISSIONER LETZ: I guess my comment is, I think we need to get this one done so we can get H.E.B. paid, but I think we need to have Ms. Harris come at our next meeting and explain, one, why we're so far off on this budget, and get a projection for what it will be. I -- it seems, you know, _-z~-ae 57 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 doing the quick math in my head, she's spending an awful lot of money on food. I guess a part of that question is, why are we shopping at H.E.B.? That's not -- I mean, I like H.E,B., but there's Sysco and other people that are a lot more -- MS. WILLIAMS: I think a lot of times, the reason they're going to H.E.B. is they may have not received something on their order trom one of the other vendors -- providers, and it's something that they need. Most of it is -- is just everyday stuff. COMMISSIONER LETZ: Well, I guess that goes to my -- I have a planning issue with that. Every time -- the same as I have with Maintenance when they run into Gibsons. T mean, I love Gibsons too, but it's taking -- with the man hours it takes us to do the shopping, the cost of this -- of that item, whether it's H.E.B, or Gibsons or any other, is astronomical, 'cause it takes man hours to go buy this stuff. You take an hour -- you take an hour of an employee's time, plus a little bit of money, I mean, it gets ridiculous. All departments need to plan better on what they need from a supply standpoint. COMMISSIONER WILLIAMS: I think -- I have no problem with Ms. Harris coming in and explaining to us; I think that's appropriate, but I think we're going to find out that we're -- we're negative in the food line item because we had the T.Y.C. kids there for so long, and that pulled down her food line -~~-or 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ^0 21 22 23 24 ZS ~ item. But the big issue to me is, where do we stand with total bills at the six-month marker against what the Court approved? COMMISSIONER LETZ: T.Y.C. can't account for this. COMMISSIONEk WILLIAMS: We'll find out. But the overriding issue to me is, where do we stand on the overall -- I COMMISSIONER LETZ: Okay. JUDGE TINLEY: Your point's well made, Commissioner. We need a good, solid update of -- of where we are at the half-year level, as -- as we had intended to do anyway. MS. WILLIAMS: I might mention, like the bills that we paid in October, which is the beginning of our budget year, those are actually September invoices, so we`re always paying the previous month the next month. COMMISSIONER LETZ: Right. COMMISSIONER WILLIAMS: I would appreciate, Ms. Williams, when we do a six-months update -- and I assume we'll do that at the second meeting in March; just my assumption -- that we also have a line on outstanding accounts I receivable. MS. WILLIAMS: Okay. COMMISSIONER WILLIAMS: So the Court has some feel for what money is in the conduit coming in that hasn't arrived here yet. MS. WILLIAMS: All right. _-~~ n~ 59 1 2 3 4 5 6 7 8 9 10 11 1L 13 14 15 16 17 18 19 DO 21 22 23 24 L 5 COMMISSIONEP, LETZ: And I think that's a valid point about the carry-over from September, but it also -- at the end of the year, we don't pay for September. We pay for September the following budget year, and it's -- I mean -- MS. WILLIAMS: A lot -- if the bills are turned in on time, we can encumber them back to the previous year. There have been a number of bills, as you know, that we haven't been able to do that with because they came in late, after we had already finished our encumbrances. COMMISSIGNER LETZ: Okay. JUDGE TINLEY: I have a motion and a second for approval of Budget Amendment Request Number 2. Any furtner question cr comment? All in favor of the motion, signify by raising your right hand. ~ (The motion carried by unanimous vote,) JUDGE TINLEY: All opposed, same sign, (NO response.) JUDGE TINLEY: The motion does carry. Budget Amendment Request Number 3. MS, WILLIAMS: Okay. On this one, we have an order to pay an investigator on a district court case out of the 198th District Court, and we have basically bottomed out that line item. I've already talked to Becky Henderson in Judge Ables' and Judge Prohl's office and asked if it would be all right for us to move the necessary funds that we need in order _-_-06 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~Z 24 25 50 to pay this bill out of 215th District Court Court-Appointed Services line item and put it into the 198th District Court, and they have approved that, so I just need the Court's approval on the budget amendment. COMMISSIONER LETZ: So moved. COMMISSIONER WILLIAMS: Second. COMMISSIONER NICHOLSON: Second. COMMISSIONER WILLIAMS: Legal -- legal services, basically? MS. WILLIAMS: Yes. It was for investigative services on a district court case. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 3. Any question or discussion? COMMISSIONER NICHOLSON: Question. I'm thinking about the whole process of district court expenses; indigent, attorney's fees, those kind of things. Who's accountable for -- for certifying that the costs are reasonable and the expenditures were made, and who signs off on these things? JUDGE TINLEY: District Judges. I, COMMISSIONER LETZ: The judges. JUDGE TINLEY: Or in the rase of County Court at Law, the judge there, or in the case of my courts, I sign off on them, approve them, i COMMISSIONER NICHOLSON: Thank you. z ~v-~~s 1 L 3 4 5 6 7 8 9 10 11 1z 13 14 15 16 17 18 19 20 21 ~~ L L 23 24 25 61 COMMISSIONER BALDWIN: But as far as overall picture, you're accountable to the public, believe me. JUDGE TINLEY: Mm-hmm. COMMISSIONER BALDWIN: Believe me. COMMISSIONER WILLIAMS: Right. JUDGE TINLEY: Any other question or comment? COMMISSIONER NICHOLSON: Got the responsibility, but not the authority? COMMISSIONER BALDWIN: Correcto. COMMISSIONER NICHOLSON: Thank you, sir. 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. Do we have any further budget amendments? MS. WILLIAMS: No, sir, that's it. JUDGE TINLEY: Late bills? MS. WILLIAMS: No, sir, not today. COMMISSIONER BALDWIN: Judge, you want to ask her, on the sesquicentennial issue that we had earlier, if she would find that two and a half million dollars for us? JUDGE TINLEY: Thank you. I appreciate that. I know she can do that very quickly. You've got $2,500 that we -z~-o E, 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have approved to assist in sesquicentennial activities, and you have the magic number of where we're going to take that money from. MS. WILLIAMS: Oh, boy. Okay. COMMISSIONER BALDWIN: Auditor's salaries? MS. WILLIAMS: One, two, three, four, five. JUDGE TINLEY: Five-way split? COMMISSIONER WILLIAMS: Five-way split. MS. WILLIAMS: 2,500? JUDGE TINLEY: 2,500 a pop. COMMISSIONER BALDWIN: Yeah, that ain't going to ~ happen. MS. WILLIAMS: I will check and see what I can find. COMMISSIONER BALDWIN: Thank you. MS. WILLIAMS: You're welcome. JUDGE TINLEY: Thank you ma'am. COMMISSIONER LETZ: Mindy? Before you -- are you going to -- MS. WILLIAMS: Sure. COMMISSIONER LETZ: Are you going to find that right now? MS. WILLIAMS: I can go back and check right now. COMMISSIONER LETZ: Okay, and then come back. Reason is, I suspect they're going to want. that check pretty soon. _-~~-o~- E3 1 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Like, yesterday. MS. WILLIAMS: And is it 2,500 even? JODGE TINLEY: Even, yeah. MS. WILLIAMS: Let me go see. COMMISSIONER LETZ: Who's it going to be made to? COMMISSIONER WILLIAMS: Chamber of Commerce, I I think. JUDGE TINLEY: Kerr County Sesquicentennial -- they've got an actual title of that outfit. Kerr County Sesquicentennial Celebration is the actual -- COMMISSIONER LETZ: That's it. But they'll probably be coming soon for that, so we`ll be around a little bit. MS. WILLIAMS: I'll check right now. Thank you. JUDGE TINLEY: Thank you, ma'am. I -- I have before me monthly reports, a report from Justice of the Peace, Precinct Number 1. Do I hear a motion that that report be approved as submitted? COMMISSIONER BALDWIN: Hear, hear. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of the Justice of the Peace, Precinct 1 report as submitted. Any question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TIYdLEY: All opposed, same sign. _, o0 64 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (NO response.) JUDGE TISdLEY: The motion does carry. Any further reports? Do we have any reports from any of the Commissioners on their committee or liaison assignments? Number 1? COMMISSIONEF. BALDWIN: Judge, I did want to report I that the -- the EMS issue is coming the end of March, the last meeting in March. And I have their report in print in my office, and a copy for each of you, and I want to get that to you as soon as you will receive it so you can start looking at it. And Dr. Morgan has volunteered to meet with you individually to brief you on the whole thing, because I can't. It's against the law for me to meet with y'all. And, so, I would recommend that you do that, because it's kind of an interesting thing, and you're going to have a lot of questions, I hope. I did. I still do. So, that's all. JUDGE TINLEY: Thank you. Commissioner 2? COMMISSIONER WILLlAMS: Kerr County's request for funding from the Resource Recovery Committee for surveillance equipment for Solid Waste purposes has passed over hurdle number one, is recommended that it pass out of hurdle number two, and it will go to a board for final approval next Wednesday. 16,000-something for surveillance equipment. JUDGE TINLEY: So far, so good. COMMISSIONER WILLIAMS: So far, so good. COMMISSIONER LETZ: That will be, I think, a big 1 ri F 65 1 L 3 4 5 6 7 8 A 10 11 1L 13 14 15 16 l7 18 19 20 ~1 22 ^3 24 25 help, if it doesn't get stolen. COMMISSIONER WILLIAMS: If we can make it work. Last time, for some reason, we couldn't make the stuff work, but we got everything. COMMISSIONER BALDWIN: Cameras watching cameras? JUDGE TINLEY: Any -- anything further, Commissioner? Commissioner 3? COMMISSIONER LETZ: On the airport, next week, week after next, the bids are due in on the terminal project, so we will find out if we got -- I think we can, after next -- anyway, within the next 10 days, I think the bids are due in, so we'll find out where we're going with that project. COMMISSIONER WILLIAMS: You did notice in the paper, didn't you, Commissioner, that the City Manager's reconstruction of his staff puts the Airport Director under i Ms. Wendele's supervision? COMMISSIONER BALDWIN; Say that again? I didn't hear that, I'm sure. The airport comes under Ms. Wendele? COMMISSIONER WILLIAMS: Yeah. He's done some restructuring of his staff and so forth, and the Airport Director will report not directly to him, as he had in the past, but he'll report to him through Ms. Wendele as a part of her assigned responsibilities. COMMISSIONER LETZ: Very interesting. That's something I think we should note when we're renegotiating that ?,a 66 1 L 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 lA 19 20 21 22 23 29 25 contract with the City this year. COMMISSIONER WILLIAMS: I agree. JUDGE TIIQLEY: Anything further, Commissioner 3? COMMISSIONER LETZ: No. JUDGE TINLEY: Commissioner 4? COMMISSIONER NICHOLSON: Commissioner Number 1 and I met with the five employees of Animal Control for about an hour and a half for the purpose of -- purposes of examining our work out there, what we're doing right and how to make sure we continue to do that, and also to find ways to change and improve. And we did this based on a concept that if you want to know how a job should be done, ask the people who do it. And it was a pretty encouraging meeting. What we found is that a lot of things are going well. The numbers reflect that. The adoptions are up, euthanasias are down. Some other metrics that we have suggest that over the last couple years, we're -- and thanks to the citizens who are cooperating by taking better care of their pets, we're doing a better job of animal control. We also found some areas where our processes and procedures weren't -- weren't quite as smooth as they should be, and found some ways that we can make some changes, and all five of the employees committed to being a part of the change process. So, it was a -- I felt real]y good about it. We -- we got good people out there that care about doing good work, and I'm very much encouraged. _ _>~-oE 1 ~.~ 2 3 4 5 6 7 8 9 10 11 12 ^~ 13 14 15 16 17 18 19 20 21 ~~ L~ 23 ""' 2 9 25 67 Another meeting with the Library Board, and, again, I'm -- I'm encouraged that they're the right people working on the right issues. And the ner.t thing you'll see on that is, in our next meeting, I'll bring -- the bylaws that they've approved, in accordance with our contract with the City, require approval by this body as well as the City's. I'll put that on the next agenda for -- COMMISSIONER BALDWIN: Sounds like that's working. COMMISSIONER NICHOLSON: So far, it's working. If we can -- we can do a good job at recommending a budget, then we'll know it works. COMMISSIONER BALDWIN: Yeah. COMMISSIONER WILLIAMS: I do have one -- one other note that might be of interest to Commissioner 4, Judge. Like you, we appeared before the Kerr Leadership group, and it's -- I guess they do that monthly. And my task this time was to draw the distinction between county government and city government, and that's pretty easy to do when we get down to it. But when it came to Q and A time, one lady asked me about the Animal Control shelter, and her question had to do with whether or not we were going to continue our euthanization policy. Which came, you know, totally out of the blue. Doesn't have anything to do with the distinction between county government and city government, but my answer to her was that -- that since we had received the funding to expand _-~~ ue 1 2 3 4 5 6 7 8 9 10 11 1L 13 14 15 15 17 18 19 20 21 ~~ 23 24 25 68 the facility, that would perhaps give owners and others who wish to adopt a pet a longer opportunity. Maybe that will just -- won't be quite as extensive as it has in the past, but we had no change in policy, on how we do things. COMMISSIONER NICHOLSON: I think all of you know this as well as I do. It's pretty easy, when you get an animal in there, to make a determination about whether or not that animal is going to be adopted. There's some -- some are marginal, but all in all, it's pretty easy. If we've got a good animal, we'll keep it a long time. And one of the things we found we're doing right is, we're shopping that animal around, and it's -- and that's working. We're getting others -- private organizations to help us get our work done. So, yeah, that'll help a little bit, give us a little more flexibility, But if you get a -- a bad animal in there, it's not -- keeping it an extra few days is not going to help anything. COMMISSIONER LETZ: I suspect the point of that question was more as to how you do the euthanasia. COMMISSIONER WILLIAMS: Exactly. COMMISSIONER LETZ: As opposed to the euthanizing. COMMISSIONER WILLIAMS: Well, it had to do with the fact that San Antonio changed the method by which it euthanized. COMMISSIONER LETZ: Right. And I think your answer _-z~-ua 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 69 was still correct; there's no change in our policy at this time. You might ask Janie what the cost of -- I guess we've tried that. COMMISSIONER NICHOLSON: It's a big difference in cost. I did learn -- I didn't know this -- that we do have the capability to use the injection, and we do that. If we get an animal in that's in really bad shape, it shouldn't have to wait until the next time we do the traditional euthanasia. We have the capability and the means to dispose of the animal using the injection. JUDGE TINLEY: Anything else? The Leadership Kerr County that Commissioner Williams referred to, I appeared on a panel before the -- before that group later on in that same day with City Manager Paul Hofmann, and they had some very, very interesting questions. Some very, very timely questions. And I think we were scheduled to -- to be there for maybe 40 minutes, 45 minutes, and I think we went something over an hour, but there was -- there were some very, very interesting questions, and very appropriate under the circumstances. It was -- it was a challenging appearance. It certainly was -- COMMISSIONER WILLIAMS: Astute group of folks. COMMISSIONER LETZ: I spoke with them several months ago on water issues, but I think this group has the most questions and the most insight, and seems to be more engaged in the whole process than probably any group that I recall. I II _ _i oe ~o 1 ,° 2 3 4 5 F, 7 8 9 10 11 12 -- 13 14 15 16 17 18 19 20 21 22 23 "° 2 4 25 think I've probably spoken maybe once every other year or something like that to that group, but it's a very, very good group, and they're true -- you know, I think it's -- the true purpose of that whole program, this group exemplifies. COMMISSIONER WILLIAMS: There's no question, they're a very astute group of people. I used, as a resource to get the discussion underway, a -- about a 12-minute video prepared by Texas Association of Counties, which goes through the -- the basic services that are provided, mandatory services that are provided by counties. And that really, then, does set out the distinction between county government and city government, and you can expound on that. And it was -- I went over my time, too, Judge. COMMISSIONER LETZ: Okay. JUDGE TINLEY: Any other reports? Reports from elected officials/department heads? Yes, sir? MR. EMERSON: Just advising the Court that I received by certified mail sometime the end of last week, when I was gone to the Juvenile Law Conference, that the -- in the Kerr County vs. E.B.A. lawsuit, the County has been countersued by Union Labor Life. And I'll be happy to put it on the agenda and talk about it in executive session next time if the Court wants more details. COMMISSIONER LETZ: Rex, since you brought it up, I received several questions in the past month about this _ z'~ 06 ~1 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lawsuit and where we stand on it. How -- is it possible for us to do a -- I mean, obviously, we don't want to go into detail; that needs to be handled in executive session. But can we do an update as to where we are on this whole thing for the public? MR. EMERSON: Sure, in very generic terms. COMMISSIONER LETZ: Generic. But talking about, you know -- yeah, it's generic, but as specific as you feel comfortable. And I'd like to err on being -- a lot of this stuff is all up in the courtroom anyway, these filings back and forth. Obviously, you know better what needs to be done. But, you know, at our next agenda, maybe we can put this on there just to give the public an update as to where we are on this process. MR. EMERSON: Sure. DODGE TINLEY: Okay. Thank you, sir. MR. EMERSON: You're welcome. JUDGE TINLEY: Any other reports from elected officials? Department heads? Ms. Williams? MS. WILLIAMS: Yes, sir. Okay. JUDGE TINLEY: And the quest for $2,500 resulted in I what? MS. WILLIAMS: I believe that we will probably be able to move $1,500 out of Line Item 10-409-204, which is -- get the terminology right -- the Worker's Comp line item in -^7-Ob 72 1 2 3 4 5 6 7 8 9 10 11 1. 13 14 15 16 17 18 19 20 21 22 23 24 25 Nondepartmental. Move an additional $1,000 out of 10-409-207, which is the TAC Unemployment Insurance line item in Nondepartmental, and I'd like to move this over under County-Sponsored. We'll have to create a new line item, and I would like to make that Line Item 10-660-499, and we'll call it Kerr County Sesquicentennial Celebration, and we'll put the $2,500 there. And I just need something in writing as to who we're supposed to make the check payable to. COMMISSIONER LETZ: It'll be in the court order, I think. Wouldn't that be sufficient? MS. WILLIAMS: That will work, mm-hmm. COMMISSIONER LETZ: Move approval. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval based upon the information furnished by the Auditor. 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. Thank you, Ms. Williams. MS. WILLIAMS: You're welcome. COMMISSIONER BALDWIN: Thanks, Mindy. MS. WILLIAMS: You're welcome. _-27-u6 73 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 ~~ ~~ JUDGE TINLEY: The court order should reflect that it be payable to the Kerr County Sesquicentennial Celebration, as specified in the letter from that organization. Any other business? COMMISSIONER LETZ: We have some additional posters here that Mr. Bondy dropped off, and I'll set them out by Kathy's desk, and pick them up and take them to the precincts, I guess, is where they're supposed to go. COMMISSIONER WILLIAMS: Yes. JUDGE TINLEY: Anything else? Hearing nothing further, we will stand adjourned. (Commissioners Court adjourned at 10:25 a.m.) -z~-ue, 1 3 4 G 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 ,~ 23 29 2J 74 STATE OF TEXAS COONTY OF KERR I The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 1st day of March, 2006. JANNETT PIEPER, Kerr County Clerk BY: G ______ _____ Kath-~nik, Deputy County Clerk Certified Shorthand Reporter _ _~ ~fi ORDER NO.29573 FUNDING REQUEST FROM KERR COUNTY SESQUICENTENNIAL CELEBRATION Came to be heard this the 27th day of February, 2006, with a motion made by Commissioner Nicholson seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the request to provide financial assistance in the amount of $2,500.00, to assist with the costs of the Sesquicentennial activities, subject to a determination of which line items the funds should be taken from. ORDER NO. 29574 COMMISSIONERS' COURT TO PARTICIPATE AS A BODY IN SESQUICENTENNIAL PARADE Came to be heard this the 27th day of February, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Participate in the Sesquicentennial Parade, Saturday, April 8, 2006, the details to be confirmed later, and that all the Sesquicentennial events be posted for participation by members of the Commissioners' Court. ORDER NO.29575 RESOLUTION SUPPORTING APPLICATION FOR RENEWAL OF GRANT FROM GOVERNOR'S OFFICE FOR FUNDING FOR SPECIAL PROSECUTOR FOR VIOLET CRIMES AGAINST WOMEN Came to be heard this the 27th day of February, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to: Approve the Resolution supporting application for renewal of Grant from Governor's Office for funding for Special Prosecutor for Violent Crimes Against Women. ORDER NO.29576 ALLOW ROAD & BRIDGE TO ADVERTISE FOR BID ON TOWN CREEK CROSSING IMPROVEMENTS Came to be heard this the 27th day of February, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to: Approve Road & Bridge to advertise for bids on the Town Creek Crossing Improvements. ORDER NO. 29577 DISCUSS KERR COUNTY ORGANIZATION DEVELOPMENT SURVEY Came to be heard this the 27th day of February, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Approve the distribution of the Kerr County Organization Development Survey to all elected officials and department heads for response as indicated, to be returned to the Commissioners' Court by March 20, 2006. ORDER NO.29578 APPOINT MR. BEN ALVES OF MOUNTAIN HOME TO THE KERB COUNTY EMERGENCY SERVICE DISTRICT #2 BOARD OF COMMISSIONERS Came to be heard this the 27th day of February, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the appointment of Mr. Ben Alves of Mountain Home to an unexpired two-year term as a Commissioner on the Kerr County Emergency Service District #2 Board of Commissioners. ORDER NO. 29579 SET PUBLIC HEARING ON KERB COUNTY SUBDIVISION RULES AND REGULATIONS AND WATER AVAILABILITY REQUIREMENTS Came to be heard this the 27th day of February, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 to: Set a public hearing for Monday, March 13, 2006 at 1:30 p.m. on the Kerr County Subdivision Rules and Regulations and Water Availability Requirements. ORDER NO. 29580 APPOINT DAVID BILLEITER TO THE KERB COUNTY CHILD SERVICE BOARD Came to be heard this the 27th day of February, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Approve the appointment of David Billeiter to the Kerr County Child Service Board. ..._ ORDER NO.29581 ORDER AUTHORIZING THE COUNTY TO ENTER INTO A FINANCING LEASE WITH BANC OF AMERICA LEASING & CAPITAL, LLC, FOR THE ACQUISITION OF COMPUTER HARDWARE AND SOFTWARE FROM SOFTWARE GROUP DIVISION OF TYLER TECHNOLOGIES, INC. Came to be heard this the 27th day of February, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 to: Approve the County entering into a financing lease with Banc of America Leasing & Capital, LLC, for the purpose of financing the acquisition of certain computer hardware and software from the Software Group Division ..- of Tyler Technologies, Inc. and authorize County Judge to approve and execute the final form of a Master Equipment Lease/Purchase Agreement with Banc of America Leasing & Capital, LLC, and all other documents deemed necessary related thereto, and approving other matters related to such lease financing, with the proviso that any typos or date corrections be made. ORDER NO. 29582 CLAIMS AND ACCOUNTS Came to be heard this the 27th day of February, 2006, came to be considered by the Court various Commissioners Precincts, which said Claims and Accounts are: Accounts Expense 10-General $ 377,717.60 15-Road & Bridge $ 40,263.62 50-Indigent Health Care $ 32,024.60 70-Permanent Improvement $ 8,447.67 76-Juvenile Detention Facility $ 8,821.31 81-District Administration $ 224.00 TOTAL $ 467,498.80 Upon motion made by Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously approved by vote of 4-0-0 to pay the claims and accounts. ORDER NO. 29583 BUDGET AMENDMENT ROAD & BRIDGE Came to be heard this the 27th day of February, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 15-350-500 Surplus Sales 15-350-520* Culvert Pipe Proceeds 15-350-540* Street Signs Proceeds 15-611-457 Signs/Traffic Control 15-611-552 Asphalts, Oils, Emulsion 15-611-554 Culvert Pipe & Bridges Amendment Increase/QDecrease + $300.00# + $1,786.90 + $710.75 + $710.75 + $300.00# + $1,786.90 #-Proceeds received from sale of scrap surplus equipment. *-New revenue line items established to recognize funds received from public for culvert installations & signs sold. ORDER NO.29584 BUDGET AMENDMENT LATE BILL JUVENILE DETENTION FACILITY Came to be heard this the 27th day of February, 2006, 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: Expense Code Description 76-572-332 Food 76-572-202 Grouplnsurance Amendment Increase/()Decrease + $279.66 - ($279.66) ORDER NO.29585 BUDGET AMENDMENT 198TH DISTRICT COURT 216TH DISTRICT COURT Came to be heard this the 27th day of February, 2006, with a motion made by Commissioner Letz, seconded by Commissioners Williams and Nicholson, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-436-401 Court Appt'd Services 10-435-401 Court Appt'd Services Amendment Increase/QDecrease + $532.07 - ($532.07) ORDER NO. 29586 MONTHLY REPORTS Came to be heard this the 27th day of February, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 the following monthly reports: J.P. # 1 ORDER NO. 29587 BUDGET AMENDMENT COUNTY SPONSORED NON-DEPARTMENTAL Came to be heard this the 27th day of February, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by vote of 4-0-0 to issue a check to the Kerr County Sesquicentennial Celebration as specified in the letter from that organization, and to transfer the following expense codes: Expense Code Description 10-660-499 Kerr Co Sesquicentennial 10-409-204 Workers Compensation 10-409-207 TAC Unemployment Ins. Amendment Increase/()Decrease + $2,500.00 ($1, 500.00) ($1,000.00)