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KERR COUNTY COMMISSIONERS COURT
Special Session
Monday, February 26, 2007
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: PAT TINLEY, Kerr County Judge
H A."BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
BRUCE OEHLER, Commissioner Pct. 4
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I N D E X
February 26, 2007
PAGE
--- Commissioners' Comments 5
1.1 Consider/discuss, take appropriate action to set
final public hearing for ORCA Contract #781257 --
Consider/discuss, take appropriate action for
Revision of plat for Falling Water, Lots 130,
130A & 127R; set public hearing for same g
1.3 Consider/discuss, take appropriate action to
approve contracts with Kerr County Soil & Water
Conservation District and Castle Lake Volunteer
Fire Department; allow County Judge to sign same 9
1.9 Consider/discuss, take appropriate action to
authorize County Judge to file a claim on official
bond of Kerr County Treasurer for penalty, interest
and related cost incurred and/or paid by County 10
Consider/discuss, take appropriate action on IRS
penalty of $12,357.72 imposed on Kerr County for
tax period ending March 31, 2006 15
1.6 Consider/discuss, take appropriate action to
authorize audit, in whole or in part, of affairs,
activities, and/or transactions by or with the
Kerr County Treasurer's Office 19
1.7 Consider/discuss, take appropriate action on
Resolution in support of Former Texas Rangers
Foundation History and Education Center 29
1.8 Consider/discuss, take appropriate action to
declare as surplus one office desk and desk chair,
3 plastic side chairs, and one unused computer
with peripherals, and donate same to the Center
Point Area Historical Preservation Association 38
1.9 Receive and discuss report on visit and inspection
of Kerr County Juvenile Detention Center (large
building) by Texas Youth Commission executives on
February 15, 2007 41
1.10 Consider/discuss, take appropriate action to auth-
orize use of Flat Rock Lake Park on April 7, 2007
for Kerrville Chili & BBQ Classic & Easter-fest 47
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I N D E X
February 26, 2007
PAGE
1.11 Consider/discuss, take appropriate action to
set final public hearing for Phases II and III
of Kerrville South Wastewater Project, Contracts
#722411, 723095, and 724941; and 2002 Flood
Disaster Relief Contract #718257 51
1.12 Consider/discuss, take appropriate action to
receive and approve 2006 Racial Profiling Report
from Precinct 2 Constable Joel Ayala 53
1.13 Consider/discuss, take appropriate action to
approve revised proposal on inspecting Flat Rock
Lake Dam and Ingram Dam 53
1.14 Consider/discuss, take appropriate action on
request from Collin County to join or otherwise
assist Collin County and others to resist negative
effect of indigent health care program legislation 63
64
1.16 Consider/discuss, take appropriate action to enter
into agreements with the City of Kerrville and
Kendall County whereby Kendall County will be
responsible for EMS service, both emergency and
transport, for Kerr County residents that live in
Falling Water and The Reserve Subdivisions 66
Consider/discuss, take appropriate action on policy
change regarding "all new hires will be required to
have their paychecks directly deposited to a check-
ing and/or savings account" as of March 1, 2007 77
1.17 Review/discuss, take appropriate action of
Educational/Certification salary increase of
Road and Bridge Administrator (Executive Session)
4.1 Pay Bills
9.2 Budget Amendments
4.3 Late Bills
4.4 Approve and Accept Monthly Reports
Reports from Commissioners/Liaison Committee
Assignments
--- Adjourned
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4
On Monday, February 26, 2007, at 9:00 a.m., a special
meeting of the Kerr County Commissioners Court was held in the
Texas, and the following proceedings were had in open court:
P R O C E E D I N G S
JUDGE TINLEY: Good morning, ladies and gentlemen.
Let me call to order this meeting of the Kerr County
Commissioners Court regularly scheduled for this date, Monday,
February 26th, 2007, at 9 a.m. It's that time now, so let's
get started. Commissioner Williams?
COMMISSIONER WILLIAMS: Will you please rise and
allegiance to our flag?
(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, this is
your time to be heard. If you wish to be heard on an agenda
item, we would ask that you fill out a participation form.
They're located at the back of the room, and we'd ask that you
fill that out. It's not absolutely essential that you do
that, but it helps me in trying to be sure that I don't miss
you when we get to that item. Should we come to an agenda
item that you wish to be heard on, and you've not filed a
participation form on that item, just get my attention in some
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way, shape, form, or fashion so that I can recognize you and
give you the opportunity to be heard on that item. But right
now, if there's anybody that wishes to be heard on any item
that is not a listed agenda item, please feel free to come
forward at this time. Seeing no one coming forward, we'll
move on. Commissioner Williams, what do you have for us this
morning?
COMMISSIONER WILLIAMS: Well, I just realized,
Judge, I should have prayed for good weather in March coming
up for Commissioner Baldwin and the West Texas Judges and
Commissioners meeting coming here. He's sweating that one
out, so we should have been praying for good weather then.
But, secondly, I noted in the good daily newspaper this
morning that even though Commissioner Oehler and I suspended
the burn ban -- or put the burn ban back on, it wasn't
recorded as such in the newspapers, so I'm wondering how we
might facilitate that to get the word out to the public a
little better that the burn ban is no longer on, in a couple
of precincts at least. That's it, Judge.
JUDGE TINLEY: Thank you. Commissioner Letz?
COMMISSIONER LETZ: I think the burn ban is on in
all precincts.
COMMISSIONER WILLIAMS: Hmm?
COMMISSIONER LETZ: It's on in all precincts now.
COMMISSIONER WILLIAMS: In the newspaper, it is.
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COMMISSIONER LETZ: I mean, there is a burn ban in
all precincts right now.
COMMISSIONER WILLIAMS: I realize, but the
suspension has been lifted in two of them.
COMMISSIONER LETZ: Correct. All four of them, it's
been lifted; there's no -- you cannot burn anywhere in Kerr
County at the moment.
COMMISSIONER WILLIAMS: I'm glad you pointed that
out, 'cause if you read the morning paper, you could burn
anywhere.
COMMISSIONER LETZ: Okay. Unfortunately, the -- I
won't say unfortunately; we do want good weather when
Commissioner Baldwin has his conference here. It appears that
we're going to have bright, sunny weather for quite a while.
And most folks in west Texas, if the dust continues, will feel
right at home when they get here later in the month. It's
certainly dusty out right now. That's all I have.
JUDGE TINLEY: Commissioner Oehler?
COMMISSIONER OEHLER: All I really have to offer --
I have lots of things I could talk about, but I probably don't
need to do that at the moment. But I am still working with
the committee on the Highway 39 and 1340 bridge projects,
working with TexDOT, trying to get some concessions on things
and designs and aesthetics, and that's going forward very
well. Have another meeting this week on that, and hopefully
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get close to getting it finalized where TexDOT can move
forward and put the project -- I think they plan to go for
JUDGE TINLEY: Thank you. Commissioner Baldwin?
COMMISSIONER BALDWIN: Just want to talk about the
burn ban. Just when you think that the good citizens of Kerr
County have been trained not to burn in 40 mile-an-hour winds,
they slip up somehow, and so government has to take control of
people's lives and private property and tell them not to burn
on their own property. It just absolutely amazes me. But the
burn ban is one of those things that I detest, because it's --
government is telling people what to do. But, obviously,
there's some folks out there that don't use common sense or
don't think or whatever, so the burn ban is on indefinitely.
And, oh, football season's over, basketball season's over, and
now the -- the season is amongst us. Track and field is here,
and, of course, my little boy's gone, but Rex has a daughter
that is -- I doubt if she weighs 100 pounds; I don't know, but
she runs -- runs like the wind. She's really something to see
and something to watch. And she's assured me that on my
birthday, she will be at the state track meet in Austin, so
I'm getting a hotel room over there to go watch Rex's daughter
run. We're excited about that. He's going to Del Rio this
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weekend to see a kid run for a minute and 20 seconds. Doesn't
make sense to me, but --
COMMISSIONER WILLIAMS: Hope he's not late.
COMMISSIONER BALDWIN: The County needs a
helicopter, Rex, for you and I. That's all, sir. Thank you.
JUDGE TINLEY: Thank you. Let's get on with the
agenda. The first item on the agenda, I'm advised by
Commissioner Williams, is duplicitous. It is incorporated in
Item Number 11 along with some other contracts, so we will
pass on consideration of Item 1 and take that up with Item 11.
That brings us to Item 2; to consider, discuss, and take
appropriate action for the revision of plat for Falling Water,
Lots 130, 130A and 127R, as recorded in Volume 6, Page 393 and
Volume 7, Page 29, and Volume 7, Page 260 of the Plat Records
of Kerr County, and set a public hearing for the same.
Mr. Odom?
MR. ODOM: Good morning.
JUDGE TINLEY: Good morning, sir.
MR. ODOM: I would say that Del Rio was -- you're
going to see some fast -- some fast kids down there running
down at the other end.
COMMISSIONER BALDWIN: Mm-hmm.
MR. ODOM: What I've proposed before you is a
revision of this plat. These landowners are moving property
lines, and no new lots will be created. Therefore, and with
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the attached -- attachments that we gave you, you can see that
that line's just being moved, so we suggest that the public
hearing be set for April the 9th, 2007, at 10 a.m.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: I have a motion and a second. Any
question or discussion on the motion? All in favor of that
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
MR. ODOM: Thank you.
JUDGE TINLEY: Let's move to Item 3, if we might.
Consider, discuss, and take appropriate action to approve the
contracts with Kerr County Soil and Water Conservation
District and the Castle Lake Volunteer Fire Department, and
allow the County Judge to sign same. I put this on the agenda
as these contracts are -- are really ready for action. I
believe the County Attorney has reviewed them, found them to
be in proper order, conforming to contracts which we've had in
the prior years. Isn't that correct, Mr. Emerson?
MR. EMERSON: Yes, sir.
JUDGE TINLEY: All right.
COMMISSIONER LETZ: Move approval.
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COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the agenda item. Any question or discussion? All in favor
of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(NO response.)
JUDGE TINLEY: That motion does carry. Let's move
to Item 4; consider, discuss, and take appropriate action to
authorize County Judge to file a claim on official bond of
Kerr County Treasurer for penalty, interest, and related costs
incurred and/or paid by Kerr County resulting from late
payment of payroll taxes to I.R.S. due for quarter ending
June 30, 2006. As I'm sure the Court will recall, I had this
on the meeting of the last -- the agenda of the last regular
meeting, and at that time we were -- the County Attorney had
had some discussion with -- with the former Treasurer and/or
her lawyer. We wanted to be sure that there was not a desire
on the former Treasurer's behalf to go ahead and take care of
that individually before asserting a claim on the bond. And I
would note that we received -- or the County Attorney received
a letter from an attorney purporting to act on behalf of the
former County Treasurer declining to handle that matter
individually. That was my interpretation. Was that not yours
also, Mr. Emerson?
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MR. EMERSON: Yes, sir, that's what's in the letter.
COMMISSIONER WILLIAMS: Move approval of the agenda
~ item.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the agenda item. Any question or discussion on the motion?
MR. TRIGO: I have a question on that.
COMMISSIONER BALDWIN: Judge, I still don't
understand how we can apply a penalty to a bond that is of
last year -- or a previous year. I don't know how that works.
Doesn't matter. I'm certainly in favor of doing this if we
can -- if we can do this kind of thing, definitely move
forward, but I'm still not sure how you do that.
JUDGE TINLEY: I suspect we're going to find out.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER LETZ: Judge --
COMMISSIONER BALDWIN: I'm excited about it.
COMMISSIONER LETZ: Before -- I have a question as
well. Later on in the agenda -- in fact, the next agenda
item -- is another similar issue, and there may be others, to
pay what appears to be penalties and things for the I.R.S.
that we're going to have to deal with. Is there any benefit
-- maybe the bonding company's the way to do it, or any way to
go appoint someone from the County or the bonding company,
whatever, to go to I.R.S. and figure out what the penalties
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the County is facing in gross, and kind of a -- and I guess
meet with them to kind of figure out where we're going so we
And I don't mind
know where this is going to end, and it sure would be nice to
be able to say okay, the penalty and interest due to the late
filings is "X" dollars. And then we can go -- or appoint
someone on our behalf to go to I.R.S. or who -- bonding
company and say, "Okay, here's the situation. What can we
do?"
JUDGE TINLEY: The thing that would concern me about
terms of the bond and with any contractual arrangement to --
to give notice at the earliest possible time that we think
there's even a potential claim, and to assert that claim at
the earliest possible time to avoid a possible contract
defense or policy defense of late notice. As I'm sure you're
aware, occasionally that happens with insurers of various
kinds. I -- I'm hopeful we won't -- we won't see many more of
these. We're dealing in 2006 now. The next agenda item, of
course, we're going back the other direction. That's not too
heartening, but it's my understanding from talking to
Ms. Williams that she has initiated discussions with the
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Revenue Service to attempt to get some effective means of
communication with those people, and -- and to try and get
things squared away up to the point that -- that she took over
the duties of that office.
COMMISSIONER LETZ: Would it -- the current bond is
15,000, as I recall?
JUDGE TINLEY: The bond --
COMMISSIONER LETZ: Or the bond at the time?
JUDGE TINLEY: -- that was in place in 2006 was
15,000, that's correct.
COMMISSIONER LETZ: Would it not make sense to
include the next two together to get over that 15,000
threshold with one court action? I mean, the next penalty is
12,000; this one was 12,000. If we put the two together,
we're at 24,000, in which case we can file one time with the
bonding company for the full amount of the bond.
COMMISSIONER WILLIAMS: It's a good point, but it's
not styled that way.
JUDGE TINLEY: The agenda item --
COMMISSIONER WILLIAMS: Good point.
JUDGE TINLEY: -- won't permit it.
COMMISSIONER WILLIAMS: But we could still do it.
JUDGE TINLEY: Yeah.
COMMISSIONER WILLIAMS: By delaying the -- filing
the claim. Right, Judge?
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COMMISSIONER LETZ: I think we could do it if the
Judge would call the next item. I don't know why we couldn't
do it. It says, "Consider, discuss, and take appropriate
action." I mean, we could just ask the County Attorney for an
opinion.
COMMISSIONER BALDWIN: Well, this item, though, is
dealing with a specific time frame -- quarter, the end -- the
last quarter of June.
COMMISSIONER LETZ: Right. But the next one is how
to deal with the next penalty.
COMMISSIONER WILLIAMS: Yeah, that's pending.
COMMISSIONER LETZ: And dealing with that next
penalty is filing the claim as well, in my opinion.
JUDGE TINLEY: That would be your "appropriate
action," is what you're suggesting?
COMMISSIONER WILLIAMS: Part of appropriate action.
COMMISSIONER LETZ: So we just have one -- I mean,
is that -- Judge, can you call the next one? Is that
possible, so we can discuss the next agenda item?
JUDGE TINLEY: Let me just ask the County Attorney
straight out. Item 5, the "appropriate action" aspect of
that, would that allow authorizing the filing of a claim on --
on the bond as well?
MR. EMERSON: I would think so, Judge.
JUDGE TINLEY: Okay. Okay.
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COMMISSIONER BALDWIN: Good.
JUDGE TINLEY: I think we've got a motion and a
second on --
THE CLERK: Yes, sir.
COMMISSIONER WILLIAMS: I'll withdraw that, if you
-- if we can incorporate the two.
JUDGE TINLEY: That --
COMMISSIONER WILLIAMS: If you call Number 5 and put
it on -- put it on the table, I'll withdraw the motion so we
can incorporate the two together.
JUDGE TINLEY: Okay, very well. Let me go ahead and
call Item 5 also.
MR. TRIGO: I have a discussion on that.
JUDGE TINLEY: I'll get to you, sir. Just a moment,
please. In connection with Item 9, to consider, discuss, and
take appropriate action on I.R.S. penalty of $12,357.72
imposed on Kerr County for tax period ending March the 31st,
2006. We now have both Items 4 and 5 before us. Does any
member of the Court have anything to offer with both of those
items in combination?
COMMISSIONER WILLIAMS: I have a question before I
offer the motion, Judge.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: Revised motion. My question
would be, do we need to have much, if any, discussion with
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respect to the penalty portion of Number 5? We haven't dealt
with that, and we see it there, but we haven't talked about
it. Is there anything we need to know before I offer a
motion?
COMMISSIONER LETZ: I think that we -- on 5, we -- I
would suspect we need to authorize payment of that, but I
think we can have one motion for the filing against the bond,
and see if there's some way a subsequent motion --
COMMISSIONER WILLIAMS: Let me see if I can craft
it. On Items 4 and 5 before the Court, I would offer a motion
that we authorize the assertion of a claim on the bond of the
former County Treasurer for recovery of penalties paid or to
be paid for payroll -- late payroll tax filings from March
31st, 2006, and June 30, 2006, and authorize the County Judge
to assert that claim.
COMMISSIONER LETZ: I'll second, with an amendment
I to it.
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: Your amendment is?
COMMISSIONER LETZ: Penalties and interest.
COMMISSIONER WILLIAMS: I thought we'd take that
separate; that's a separate issue under the same one.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: Filing the claim, 'cause we
don't -- we need to talk about the penalty. I deliberately
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left it out, because we can offer a second motion --
COMMISSIONER LETZ: Why would --
COMMISSIONER WILLIAMS: -- on the penalty portion.
COMMISSIONER LETZ: I don't understand the reason
why you wouldn't file the claim against the penalty and
interest.
COMMISSIONER WILLIAMS: I'll include it. And pay
the penalty as determined, if this is the appropriate amount,
$12,357.72, as imposed by the I.R.S., authorize payment of.
JUDGE TINLEY: Does your motion include authorizing
the payment by Kerr County of the 12,357.72 penalty, of which
we received notification for the period ending March 31, '06?
COMMISSIONER WILLIAMS: I just put that in there,
yes, sir.
JUDGE TINLEY: Okay. And the filing of the claim on
the bond for that as well as the amount previously determined
and paid for the quarter ending June 30, '06?
COMMISSIONER WILLIAMS: Yes, sir.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: We have a motion and a second. Any
question or discussion on the motion?
COMMISSIONER BALDWIN: Do you want to take --
JUDGE TINLEY: Mr. Trigo, if you'd step forward,
please, and give us your name and address, and then tell us
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what you have to say about these two items.
MR. TRIGO: My name's Steve Trigo. I reside at 165
Scenic Valley Road. The only thing I have to say is, the
claim here is on official bond of Kerr County Treasurer.
Didn't we just accept Ms. Nemec's resignation three weeks ago?
She is no longer the Kerr County Treasurer. Former Kerr
County Treasurer. So, I think this agenda is out of whack.
JUDGE TINLEY: Mr. County Attorney?
MR. EMERSON: My response, Judge, would be that the
agenda item is supposed to be worded generally such as the
general public can understand the nature of the business to be
discussed. And given the ongoing publicity and multiple
agenda items associated with this, I don't think there's any
confusion to the public.
JUDGE TINLEY: And it would authorize --
MR. EMERSON: And as far as I know, there's only one
bond that's ever been discussed in open court to consider.
JUDGE TINLEY: Okay. Thank you, sir. Is there
anything further, Mr. Trigo?
MR. TRIGO: That's what I just wanted to say. And
I'm -- but I think that the agenda is out of -- out of order,
really.
JUDGE TINLEY: Okay. Thank you, sir.
COMMISSIONER WILLIAMS: Judge, if there needs to be
any clarification of my motion, I would make -- make the Court
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aware that we can modify the motion to make it read "former
Treasurer" -- former County Treasurer. I think I said that,
but whatever.
JUDGE TINLEY: Just to clarify. Any other question
or discussion? All in favor of that motion, signify by
raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's move
to Item 6, if we might. Consider, discuss, and take
appropriate action to authorize audit, in whole or in part, of
affairs, activities, and/or transactions by or with Kerr
County Treasurer's office. This also deals with those up to
and including the appointment of Ms. Williams. I put this on
the agenda at the request of -- and the suggestion of a number
of citizens.
SHERIFF HIERHOLZER: Before we get too far on this
item, I'd like to make a statement.
JUDGE TINLEY: Okay. We'll let you -- we'll let you
there in just a moment, okay?
SHERIFF HIERHOLZER: Okay.
JUDGE TINLEY: A number of citizens have suggested
to me that it's appropriate that we have an audit of the
affairs of the Treasurer's office, in light of a good deal of
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publicity, speculation, allegations and so forth. What we're
talking about here is an issue of accountability.
Accountability of the -- any elected official, be it members
of the Treasurer's office, present or past, accountability of
the members of this Court. Certainly, if -- if there's no
inappropriate conduct as a result of the activities of the
Treasurer's office previously, we need to know that, and those
allegations need to be put to rest. If that's not the case,
there needs to be accountability. In fairness to
Ms. Williams, who just assumed the duties of that office, she
needs to know where she is at point of start where she began
her duties at the request of this Court, and after having been
appointed by this Court. I -- I think it`s a matter of the
public trust that we have an issue here. This is taxpayer
money, and all of us are accountable to the taxpayers for
their funds that we receive and that we're custodians of. The
assertion could very well be made, well, we really can't
afford this audit. Well, the simple truth is, we can't afford
not to have some sort of an audit.
AUDIENCE: Yes.
JUDGE TINLEY: That's the bottom line. Now, with
I
regard to the degree to which we go into the affairs of that
office, my initial thinking is, we may want to start out with
looking only at cash transactions, and then, depending upon
what that discloses, possibly expand or not expand the breadth
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of that audit. There may be some other options out there
available to have an audit conducted of that audit -- of that
COMMISSIONER LETZ: Judge, before the Sheriff comes
up, if I can -- I agree totally with everything you said, and
fully intend to vote to do just that, to do an audit. And
I've also talked to the Sheriff; I think I know what he's
going to say, 'cause he and I talked about it. He has an
ongoing investigation into that office, as well a criminal
investigation, and he's looking at using other state agencies
possibly to work on an audit there. I really think that
investigation needs to at least get to a certain point beyond
where it is now before we hire an outside audit company or
something along that line. Hopefully, the Attorney General's
office will come in and do a forensic audit. It would be at
no cost to the taxpayers. I think that would be a good
approach. We can always go back in and hire a firm, but I
think that it is important from a criminal standpoint and our
chief law enforcement officer of the county for him to be
given free rein to conduct his investigation without us
getting other people in there. And, in fact, I think he would
trump us, anyway, and -- and having other people trying to get
to that information. So, I think -- and I'd be more than
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happy to let the citizens of the county know that, you know, I
will authorize spending taxpayers' funds to do a full forensic
audit if needed, but I think it needs to be done after the
Sheriff's Department and his criminal investigation is over.
COMMISSIONER BALDWIN: I agree with Commissioner
possibility, and -- that if there are criminal actions taken,
or criminal offenses are found there, that there's a
possibility of those other options that you're talking about,
whether it be Attorney General's office or D.P.S., or one of
those two, I hear, has forensic auditors on board that could
come here and do it from -- from the police point of view, as
opposed to us spending somewhere between $30,000 and $50,000.
And I agree with the Commissioner, that it would -- I just --
I just see that as a business sense, myself, that we'd let the
-- let the Sheriff complete or get to the point to where he
thinks, yes, it's time to turn it over to the auditor -- to an
auditor. And -- but I can tell you that if we don't go that
route, I'm going to vote to spend taxpayers' money to -- we're
going to audit that office. I just think that it's a business
decision to -- whether we spend the 50 grand today out of the
taxpayers' pocket, or we wait and let a state agency do it for
nothing. And that's pretty easy for me to see that. But,
that's all.
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COMMISSIONER WILLIAMS: I don't disagree with what
JUDGE TINLEY: Surely.
COMMISSIONER BALDWIN: He called you Shirley.
SHERIFF HIERHOLZER: First off, what Commissioner
going to ask y'all to do. I have -- we started this
investigation several weeks ago. At the current time, our
investigation consists of 69 typed pages of a report, the
execution of eight subpoenas on eight different bank accounts.
I am trying to do as thorough of an investigation as we can,
and I don't want it tried in the public. This thing needs to
go to a Grand Jury. We've been in consultation with the
Attorney General's office and the District Attorney. I will
recommend that, yes, there has to be a forensic audit, but I'm
at the point to where it was mailed off Friday to go to the
Attorney General's office, and I would like for this Court to
go into executive session in a few minutes so that I can give
you an update, because, unfortunately, until an investigation
is concluded, it is not public, and I can not release it to
the public. I have received letters accusing me of being in
Pat Tinley's pocket and railroading Barbara, to accusing me of
being Barbara's best friend and whitewashing the whole thing.
I'll say right now, I have filed criminal charges on my own
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relatives in the past. I do not care about Republican or
Democrat when it comes to law enforcement, and I'm going to do
the best job that I can do for the people of this county, but
the people of this county need to back off and let us do our
job. And after that, I'd ask we go in commissioner -- into
executive session so I can give you a brief update, 'cause
there are some things I think need to be discussed for
possible litigation.
COMMISSIONER BALDWIN: You don't have a gun on you,
do you?
SHERIFF HIERHOLZER: Yes, I do.
COMMISSIONER BALDWIN: Okay. (Laughter.) Take a
deep breath, Rusty.
SHERIFF HIERHOLZER: There has been more public
stuff about this investigation right now than there has been
about triple homicides in this county, and all I ask is that
people let us do our job.
COMMISSIONER WILLIAMS: Good point, Sheriff.
SHERIFF HIERHOLZER: That's what I want to do.
COMMISSIONER WILLIAMS: Good point.
JUDGE TINLEY: I thank you for your comments,
Sheriff. I -- I think an important point is what we've heard
consistently here today from everybody involved -- the Court,
law enforcement -- is that, win, lose, or draw, there's going
to be an audit so that everybody knows there's the light of
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COMMISSIONER WILLIAMS: I think --
JUDGE TINLEY: And I think that's what's important
that is heard here today. And I -- I appreciate the members
of this Court and the Sheriff being candid about this.
COMMISSIONER WILLIAMS: I think the only thing
unresolved, Judge, is who's going to do it.
JUDGE TINLEY: Well, and I suspect we'll know who
that is in due course.
COMMISSIONER OEHLER: When do you think it would be
SHERIFF HIERHOLZER: When I get to the point that I
come back to y'all and ask for one, if I can't get a state
agency to do it. This investigation is continuing. We find
different things every day. Like I said, part of -- part of
the investigation was mailed off Friday, and I'm hoping that
we'll get some help from the A.G.'s office, and we'll see
after that happens.
COMMISSIONER WILLIAMS: I still --
SHERIFF HIERHOLZER: I cannot give you a time line.
I can't give you a timeline on an investigation. I just need
the time to be able to do this thing untethered.
COMMISSIONER OEHLER: I think what prompted some of
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going to conclude your investigation last Friday, or maybe
this coming Friday. And --
AUDIENCE: Yes, that's right.
SHERIFF HIERHOLZER: we concluded it to a point that
COMMISSIONER OEHLER: Okay.
something else would come up. And I'm not going to say,
"Okay, it's concluded now; we're not going to look at that."
We have to look at everything that comes across. Some that
comes across is definitely civil, but it's still included.
Some that comes across should be on the bond issue. Some that
comes across could be criminal and it could be civil, okay?
And in the end, it's going to be a Grand Jury to decide, not
me, okay? But I've got to get every bit of information to
them, which will include the forensic audit. But let us see
if we can -- and Buster's opinion of a forensic audit costing
about 50,000 I think is way, way on the light side. I
personally think an audit of what we have discovered already
that will have to be gone into could probably cost this county
up to 100,000, 'cause you're talking for a several-year
period, and you're talking a lot of man hours and work. And
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it's going to have to be done, but if we can get the State to
come in and do it at no cost to Kerr County, then I think we
need to do that. And if we can't, then we all need to pay it,
'cause we're all taxpayers.
COMMISSIONER OEHLER: Well, I think that -- the
concern was the fact that the investigation was going to be to
a point to where you felt like you couldn't go any further
without an audit.
SHERIFF HIERHOLZER: That's right.
COMMISSIONER OEHLER: Was the way that I was feeling
about it, what I've been told and heard. And I think we just
have to be sure that we know it's an ongoing investigation,
and also that when you get to the point where you can't handle
the audit part of it, that we need to be able to step in and
carry forward.
SHERIFF HIERHOLZER: I can promise you, it's getting
to a point that -- it's getting to a point that -- I'm not a
C.P.A.; my investigators aren't. There has to be an audit.
But let us do our job first, and when it comes to it and I
can't get anybody else, I will be the first one in
Commissioners Court asking for y'all to pay for an audit,
okay? It has to be done, but let me get to see where we can
go.
COMMISSIONER OEHLER: So, you're going to assure us
that there's not going to be any end to the investigation
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prior to you letting us know that you're ready for an audit?
SHERIFF HIERHOLZER: That's correct.
COMMISSIONER OEHLER: It could be helpful in your --
in your complete investigation.
SHERIFF HIERHOLZER: That's correct.
COMMISSIONER OEHLER: Okay, I'm satisfied.
JUDGE TINLEY: Thank you.
COMMISSIONER WILLIAMS: Are there still things you
want to tell us in executive session?
SHERIFF HIERHOLZER: There are still things I'd like
to tel] y'all in executive session.
JUDGE TINLEY: Sheriff, if possible, rather than
loading and unloading this courtroom, I'd prefer to do those
at the tail end of the agenda. We've got one more executive
session item. Would it be possible for you to do that at that
I time?
SHERIFF HIERHOLZER: Whatever the pleasure of the
Court, Your Honor.
JUDGE TINLEY: Okay, thank you. We have a
participation form filed by Mr. Sam Cox. Mr. Cox, do you wish
to be heard?
MR. COX: No, Your Honor. In light of the
revelation by the Sheriff, I've been shot out of the saddle.
(Laughter.)
JUDGE TINLEY: Okay. That's one of the first times
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I recall somebody saying that they've been shot out of the
saddle, and happy about it. (Laughter.) Does any member of
the Court have anything further to offer in connection with
this particular item? If not, we will move on to Item Number
7; consider, discuss, and take appropriate action on
resolution in support of Former Texas Rangers Foundation
History and Education Center. I put this on the agenda at the
request of members of the Former Texas Rangers Foundation, and
also in cooperation with Commissioner Williams, who is our
resident wordsmith, whose arm I twisted to work on this
resolution, and I appreciate his efforts in that regard. I I
see we have Mr. Leonard -- Busconi?
MR, BUCSANYI: Bucsanyi, sir.
JUDGE TINLEY: Say again?
MR, BUCSANYI: Bucsanyi.
JUDGE TINLEY: Bucsanyi. Well, I knew I wouldn't
get it right. And Mr. Joe Davis, who, of course, both are
with the Former Texas Rangers Foundation. Is there anything
you'd like to bring to our attention in connection with this
matter?
MR, BUCSANYI: Well, good morning, Judge and
Commissioners. I'm Leonard Bucsanyi, 717 Hill Country Drive.
On behalf of the Board of Directors of the Former Texas
Rangers Foundation, we want to thank you and appreciate your
recognition by resolution of our endeavors to bring this
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facility to Kerr County. And at this time, I'd like to
introduce the president of the Former Texas Rangers
Foundation, former Texas Ranger Joe Davis, for any further
comments. Joe?
MR, DAM S: Well, Commissioners and Your Honor, I'd
just like to say the same thing that Leonard just stated. We
appreciate your support. we hope to make this facility very
beneficial to Kerr County. I think it will be. And we're
hoping by next year at this time, you'll see some construction
out there. 7t's going to be a state-of-the-art facility.
It's going to honor lots of people that served in this Kerr
County area, including the first mayor of Kerrville, Joseph
Tivy, who was a Texas Ranger, and several others. Not only
the Texas Rangers, but law enforcement in general. And we
appreciate your support and all the citizens of Kerr County
who has come out and supported us. Thank you.
COMMISSIONER LETZ: Joe? Quick question. And
I'm -- I was reading one of the -- I guess the invitation to a
function in San Antonio, and I -- and something I did not
realize; I was wondering if you'd go over it a little bit. ~
This -- I guess the Former Rangers Association wasn't created
for this. I guess it exists currently in San Antonio, and has
a museum there, and that museum, I guess, is moving here? Is
that --
MR. DAMS: Yes. Our association has been actually
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established in 1897. In 1936, during the Texas Centennial,
Memorial Hall was built in honor of the Texas Rangers, the
further educate the youth of this state, and -- about the
history of this state, and it's for young and old alike. But
it's common knowledge that the more history you know about
where you came from, the better citizens you're going to be,
and that's what we want, and I think that's what's needed at
this time, in this state and in this country, if you look at
it. And that's where our whole objective is to do that. And
so we were -- are moving it now to Kerrville. We bought
15 acres that's paid for now, and we're in our capital
building campaign. The invitation you saw is a temporary
headquarters. We have -- we have done an agreement with the
Buckhorn Museum down there to put in a Texas Ranger museum,
which is our association. We're moving the contents from
Memorial Hall over to that location, which will be
climate-controlled, which is a lot better -- we're not
climate-controlled where we're at, and that affects your
artifacts. So we're moving it into that and we're having our
grand opening this weekend and throughout March. We're two
blocks from the Alamo on Houston Street, and it's mainly for
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the tourists that come into San Antonio. This will be a lot
different that we're going to build here in Kerrville.
COMMISSIONER LETZ: Is that going to stay there?
MR. DAVIS: It will stay there for a period of time.
COMMISSIONER LETZ: And, I mean, then move up here
-- all of it move up here eventually?
MR. DAMS: We had to sign a contract with them, so
it will be there for a period of time, but the main portion of
our facility will be here in Kerr County.
COMMISSIONER LETZ: And when you -- and Memorial
Hall, there's a trail --
MR. DAMS: Trail Drivers and Pioneer --
COMMISSIONER LETZ: Is that still down there?
MR. DAMS: They're still there.
COMMISSIONER LETZ: Okay.
MR. DAMS: Just our association. That's going to
be about 8,000 feet in San Antonio. Up here, we're going to
have about 26,000, and it will include not only a museum, but
other facilities for public use.
COMMISSIONER BALDWIN: As usual, Letz asked my
question. That was my question.
MR. DAVIS: Okay.
COMMISSIONER BALDWIN: I worked on it all night.
But I'm excited about it. I'm -- I'm going down there, and I
think some of these other guys are going to be in San Antonio
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with you --
MR. DAMS: Great.
COMMISSIONER BALDWIN: -- this coming weekend, or
soon, next few days.
MR. DAMS: It's Friday.
COMMISSIONER BALDWIN: This Friday.
COMMISSIONER WILLIAMS: This Friday?
MR. DAMS: Yes.
COMMISSIONER BALDWIN: And they're going to have --
MR. DAMS: You should have gotten an invitation.
COMMISSIONER BALDWIN: You're going to have Texas
hors d'oeuvres there; that's what I saw that turned me on.
MR. DAMS: Don Strange is going to be catering.
COMMISSIONER BALDWIN: Super. So, there will be
some quail breast.
MR. DAMS: Yeah.
COMMISSIONER BALDWIN: I guess the only other
question I had, you guys have an office here in Kerrville.
MR. DAM S: Yes, sir.
COMMISSIONER BALDWIN: And where is that?
MR. DAMS: Our office is in the Wells Fargo tower
across from Albertsons on the sixth floor. We're in Suite
610, and invite any of you or any of the public here to come
by and visit with us if you want to learn more. We can show
them exactly what it's going to be, and -- and what we entail
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for -- to bring to Kerrville.
COMMISSIONER BALDWIN: Very good.
MR. DAMS: I think it will have a great economic
impact here and will bring a lot of people here. So it's
going to be different. We're not calling it a museum. You're
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going to see history in the making as you go through it, live
action of -- of events that took place in history. A lot of
people don't know that the last 32 men into the Alamo was a
mounted Ranger group from Gonzales, and it's going to tell
stories like that. And people that were Rangers, but went on
to do other things; president of universities, governors of
this state, bankers. Frost Bank, Tom Frost was a Texas
Ranger, and it tells about people like that, that went on to
be other things in this state. And it's going to show the
kids of the day that if you keep on going and do what's right,
you can achieve anything you want to in this life, and that's
what we're going to talk about in this facility.
COMMISSIONER BALDWIN: Super.
COMMISSIONER WILLIAMS: Joe, is there any connection
between your organization and your history center that you're
going to be building and the one that's in the Ranger --
MR. DAMS: In Waco?
COMMISSIONER WILLIAMS: In Waco.
MR. DAMS: We're going to hopefully work with them
to do a lot of things. Actually, that facility is under the
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City of Waco, and has been from -- since 1968. We have
contacted them, and it's our desire to work with them and to
is made up of Rangers and -- and descendants of Rangers, so if
you're a descendant of a Ranger, you can join our association.
We have a cross program. We -- we've done over 300 crosses
that we put up for older Rangers throughout this state and out
of state, that -- that we provide to our membership and have a
ceremony there as a type of historical marker. 'Cause if you
look at Center Point, believe it or not, that little cemetery
down there has 33 Texas Rangers in it, more than any other
cemetery in the state of Texas, including the state cemetery.
And that was our initial project, to mark those Ranger graves
down there, so if you go down there, you can see and pick out
the Rangers by that cross. Now we're doing it all over the
state, and have gone as far as California and New Mexico and
Arizona, even Tennessee. Well, some of them were in the
Rangers and left to other states, but we haven't forgotten
them either.
COMMISSIONER LETZ: I can't wait for you to get this
MR. DAMS: I can't either. I'm ready.
COMMISSIONER WILLIAMS: When are you going to break
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ground?
MR. DAMS: We're hoping to break ground -- our next
fundraiser is September 21st, our gala. We call it Silver
Stars and Six Guns. That's when all our supporters are here
that's helped this get started, and we want them here when we
break ground, so that we plan to do it in September. And, as
you know, we haven't asked Kerr County to come out and -- and
support this. We've gone all over the state, and we've gotten
a lot of results from all over Texas, even in foreign
countries and throughout the United States that are supporting
this project.
JUDGE TINLEY: You've currently got a membership
drive underway, too, do you not?
MR. DAMS: We're starting a membership drive. I
hope all of you consider becoming a member.
JUDGE TINLEY: I just wanted to pitch that in there
so maybe it will be picked up by a few folks here.
MR. DAMS: Thank you. And thank you for your
support. We appreciate it.
JUDGE TINLEY: We appreciate that additional
information, too, 'cause I think it's -- it helps to round out
the whole picture. We appreciate that.
COMMISSIONER WILLIAMS: Move approval of the
resolution.
COMMISSIONER LETZ: Second.
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JUDGE TINLEY: We have a motion and second for
Any question or discussion on the
COMMISSIONER BALDWIN: Judge, I'm wondering if the
JUDGE TINLEY: Very well, I'll be happy to do that.
support for the Texas Rangers History and Education Center to
be permanently located in Kerrville, Kerr County, Texas.
Whereas, the former Texas Rangers Association was established
in 1897 to preserve the true history of the Texas Rangers,
establish landmarks related to Ranger history, administer
scholarship, educational and mentoring programs for Texas
youth, and provide fellowship, support, and mutual purpose for
former Texas Rangers and their families; and whereas the
Former Texas Rangers Foundation, a 501(c)(3) organization,
established in 1971 to support and assist in the fulfillment
of the F.T.R.A. mission, will construct and manage the History
and Education Center on 15 acres of land purchased for that
purpose in Kerr County; and whereas the Texas Rangers History
and Education Center is intended to encourage regional
heritage tourism, which will have a positive economic impact
for Kerr County and its communities; and whereas the Texas
Rangers History and Education Center is intended to make a
significant historical and cultural contribution to the
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residents of Kerr County and visitors alike; now, therefore,
be it resolved that Kerr County Commissioners Court, by
adoption of this resolution, hereby expresses its support for
the Texas Rangers History and Education Center, its purposes
and goals. Adopted this 26th day of February, 2007," and
signed by all members of this Court.
COMMISSIONER BALDWIN: Hear, hear.
JUDGE TINLEY: Any further question or discussion on
the motion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's move
to Item 8; consider, discuss, and take appropriate action to
declare as surplus one office desk and desk chair, three
plastic side chairs, and one unused computer with peripherals,
and donate same to the Center Point Area Historical
Preservation Association. Commissioner Williams?
COMMISSIONER WILLIAMS: Thank you, Judge. Backup
statement tells pretty much. And Mr. Davis mentioned the
Center Point folks in terms of the Rangers who are buried in
the cemetery, and these folks, in addition to trying to
preserve the history of the area, also help with the upkeep of
the cemetery and the marking -- not the marking of the graves,
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but the flying of the Texas Rangers flag and so forth. After
a number of years of operating out of a shoe box, I've
convinced them that they need to start operating out of an
office, and as they get ready to start collecting artifacts
for an intended museum in Center Point. There is, in my annex
office in Center Point, a desk made out of old wood composite
products. It hasn't been used in eight years. Some side
chairs, and Kevin Stanton has identified a computer which he
has stacked in a closet along with some others out at the
Juvenile Detention Facility. I was hopeful the Court would
declare those things surplus and allow me to give them to
Center Point Area Historical Association for an office which
will be set up in the Hill Country Telephone Co-op former
building on San Antonio Street right in downtown Center Point.
And I would offer that as a motion, that we declare surplus
those items that are identified, and give them to the Center
Point Area Historical Preservation Association.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the agenda item. Is there any question or discussion on
the motion?
COMMISSIONER BALDWIN: I'm just wondering if this
equipment is registered with the Auditor. I mean, does he
have these items on his list of items that are owned by Kerr
County?
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COMMISSIONER WILLIAMS: I don't know. We can
certainly check that. I would assume so. They're Kerr County
property, and they've been in our possession for a long time.
COMMISSIONER BALDWIN: They put these little tags on
them with numbers, and --
COMMISSIONER WILLIAMS: Let me double-check it,
Commissioner. If so, they'll be removed from the Auditor's
list.
COMMISSIONER BALDWIN: I just want to make sure
everything's clear with him. He's the one that usually does
this kind of thing.
COMMISSIONER WILLIAMS: I'll double-check it with
i him.
COMMISSIONER LETZ: You may want to -- may be too
late, but look at that list of other merchandise that we
surplussed a couple -- well, last meeting or two meetings ago
to go on eBay. A lot of that only had -- we put a dollar
value on a lot of that, which is old computer stuff, a lot of
it, and printers. And, basically, anything on that list would
benefit --
COMMISSIONER WILLIAMS: Commissioner, that's kind of
what prompted me to think about doing this, was that list. I
did a little checking on some of the computer items, and I was
told that sometimes they're worth nothing more than scrap, but
it's a good suggestion, and I'll look at it again.
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JUDGE TINLEY: Any other questions or comments on
the motion? All in favor of the motion, signify by raising
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's move
Commissioner Williams?
COMMISSIONER WILLIAMS: In your packet, gentlemen,
come on up, will you, so you can help me work our way through
this and answer any questions that come about. At the outset,
I want to say thank you to the Maintenance Department and to
our community service workers for assisting in the cleanup of
that building. It was absolutely spectacular in terms of
being all cleaned up, spruced up, polished up, as good as you
can make a juvenile detention facility look, given its age,
which is a dozen years old or something like that. These
folks came down looking for space, because if you hadn't
noticed	in the newspaper --	or in	a report out	of Austin,
there is	legislation filed	that -	- that would	remove from
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that, essentially, in this search for facilities, they really
are thinking of smaller facilities, even though they know that
might inflate the cost a little bit. Running a 57 -- or
52-bed facility has some value, and they're not looking to
create 300-bed facilities like that which is proposed to be
taken away from them. So, we visited with them for the better
part of an hour and a half to tour the facility. They liked
what they saw, and they indicated to us they'd like to know
more about it, and asked Kevin to find the plans, and which he
did for that building. They wanted to take a look at the
plans and see if the building, as they look at it, totally
meets their needs for whatever programming that they want to
have in here. And some of the programming that they talked
rehabilitation and sex offender classes and so forth, and were
curious as to whether or not there would be the ability to
hire professionals to assist them in that regard, and we
assured them that we have plenty of professionals in this town
who are quite capable and willing to work in that connection.
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Their timeline, obviously, is not in their control.
would be willing to lease this facility from us is going to be
governed by what takes place in the Legislature and taking
away their facility and some other funding issues that are in
classroom space in the back of the building, they liked what
they saw, but they didn't like the fact that it doesn't have
restrooms in it. But, by the same token, they wouldn't count
out or discount the use of that if they were to lease the
building, and they won't say, "Yeah, we'll take the building
and you can continue to have the classrooms for your own use."
But, if we want to proceed to do as the Juvenile Probation
Department has proposed, using those classrooms for programs
or schooling -- schooling efforts that are underway now,
there's probably no reason why we couldn't proceed to do that,
because there's not going to be a decision coming down
regarding this probably till later in the year. Would that be
your sense of it, Kevin?
MR. STANTON: They said the only other choice might
be, like they were saying, if they stepped up and -- and
provided them an emergency funding to be able to start their
search and start their building sooner than that, but they
were still saying it would be three to four months, six months
down the road.
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COMMISSIONER WILLIAMS: Right. They've got to get
some sense of what the Legislature's going to do to them or
for them this year, but they are interested. We sent them the
plans. They're supposed to send back some information to me
with respect to other leases that they use for facilities they
lease in other places, and they indicated to us that while
that may be a pattern lease or a format or a template lease,
they certainly are not unwilling to tweak any of these locally
for conditions that are necessary to be included in a lease
agreement. Bottom line is, sit back and wait and see.
JUDGE TINLEY: Mr. Stanton, you located the plans?
MR. STANTON: Yes, sir.
JUDGE TINLEY: That's wonderful. The last time, as
I recall, that we were looking for the plans, we came up short
locating them, but I'm tickled to death to know that we've got
them located.
COMMISSIONER WILLIAMS: Tell them where you found
I them.
MR. STANTON: Well, we found one set of plans belong
-- that belonged to the County that D.W. Electric had, and
then another set of plans we found behind the file cabinet.
JUDGE TINLEY: Okay.
MR. STANTON: But we've got -- we've got two sets of
plans now.
JUDGE TINLEY: Good news is, we got them.
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MR. STANTON: Yes, sir.
COMMISSIONER LETZ: One of those sets needs to find
its way to the clerk's office.
COMMISSIONER OEHLER: Exactly. My next comment.
We've been in this predicament before.
JUDGE TINLEY: When -- when the representatives from
T.Y.C. were -- were doing their inspection of the facilities,
did they note any major deficiencies that they would require
from a modification or -- or remodeling standpoint that would
be necessary for them to be able to utilize that facility?
MR. STANTON: No, sir. They didn't -- they didn't
specify anything like that. The only thing that I remember is
what Commissioner Williams stated, was the fact that their one
concern they had was there wasn't restrooms in the back
temporary buildings, but they said that wouldn't stop them
from being able to access those buildings.
COMMISSIONER WILLIAMS: But there are a couple other
peripheral issues. The sallyport is one, in terms of opening
and closing the sallyport. They do that currently from -- for
your facility now.
MR. STANTON: Yes, sir.
COMMISSIONER WILLIAMS: So, some electrical
rerigging of the opening and closing of the sallyport might be
something that would have to be done. And, secondly, we still
wash clothes in that -- in the big building, 'cause we don't
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have a laundry facility in the smaller building. That -- but
those are minor things.
JUDGE TINLEY: Yeah.
COMMISSIONER WILLIAMS: Those are minor.
JUDGE TINLEY: Well, I was primarily concerned about
major renovations or remodeling that might have budgetary
impact -- significant budgetary impact, and obviously, there's
not --
COMMISSIONER WILLIAMS: They didn't identify any,
Judge, but I suspect that's why they wanted to look at the
plans a little more closely.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: Judge, I think we ought to
move forward with the local Probation Department's request,
and go that route, as Bill outlined in his last paragraph
here, which -- good paragraph, I think. We can't -- we can't
in any way sit around and let the State hold us hostage on our
property, 'cause you -- who knows what they're going to do.
So, I just think we need to move forward with our local people
and take care of our local issues.
JUDGE TINLEY: I -- I agree wholeheartedly,
Commissioner.
COMMISSIONER OEHLER: Is that a motion?
JUDGE TINLEY: I'm not sure we can do a motion.
COMMISSIONER WILLIAMS: No, I think we they got to
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come back with the proposal.
JUDGE TINLEY: But I --
COMMISSIONER LETZ: I was looking --
JUDGE TINLEY: -- I see Mr. Davis here, and I think
he got the message; he can start putting -- putting the pieces
together. Is that correct?
MR. DAMS: Thank you, Your Honor. Thank you,
Commissioners. We appreciate it.
JUDGE TINLEY: Start working on that. Thank you.
MR. STANTON: Thank y'all very much.
JUDGE TINLEY: Thank you very much, Mr. Stanton. We
appreciate it. Let's move to Item 10; consider, discuss, and
take appropriate action to authorize use of Flat Rock Lake
Park on April the 17th, 2007, for the Kerrville Chili and
Barbecue Classic and Easter Fest. Commissioner Williams?
COMMISSIONER WILLIAMS: Karl, come on up. It's
chili cook-off time, right?
MR. BEUCHLER: Yes, sir.
COMMISSIONER WILLIAMS: And Easter egg time.
MR. BEUCHLER: Easter egg time. Rabbits are getting
ready to lay them.
COMMISSIONER WILLIAMS: Tell us a little about what
you've done and what your proceeds go for and so forth.
MR. BEUCHLER: Would y'all like a flyer?
COMMISSIONER WILLIAMS: Sure.
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JUDGE TINLEY: Hand them over here; he'll pass them
MR. BEUCHLER: Pass them around.
JUDGE TINLEY: Thank you.
MR. BEUCHLER: Well, this is our seventh year since
-- since it left Schreiner College. Last year was our biggest
year. We had from 4,000 to 5,000 people at the event. We had
400 to 500 kids hunting Easter eggs, which is something that,
if you've never seen it, you need to come see it. We put
5,000 Easter eggs out there, and in 20 minutes, they're gone.
And we have three different age groups, from small, middle
size and up, and they enjoy theirselves. We have vendors, and
-- and it's a good community project. And I'm thinking that
it's the largest Easter egg hunt in Kerr County. Also, this
year will be a national qualifier for the barbecue people that
come. Last year we had 38 cooks. You need 50 for a qualifier
to go to the national event in Kansas City. And all of the
barbecue people that I've been talking to are going to make
sure that we have that number, so we will have a national
qualifier going to Kansas City, and that'll put us on the map
as far as barbecue. Chili cooking, we had 44 cooks, and there
was several people qualified to go to Terlingua to the
national cook-off last year. The money that we raise from now
on will be used to -- we give it to different people around
the town, but here last year and this year, we're going to
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give it to the Kerrville Elks Lodge for their scholarship and
-- and charities of their choice. We will have about, I'm
thinking, 30 to 40 vendors that will be at the event, so if
any of you would like to come out and be judges, we'd
appreciate it.
COMMISSIONER OEHLER: I think Commissioner Baldwin
volunteered to be a chili judge.
MR. BEUCHLER: Well, you know, one year we had the
Sheriff's Department; we had a bunch of participants from the
Sheriff's Department, and -- and a bunch of the judges came
down and did that -- I mean the actual judges came down and --
and participated in that.
COMMISSIONER WILLIAMS: I did that one year, and my
stomach burned for three weeks. (Laughter.)
COMMISSIONER OEHLER: That's why Commissioner
Baldwin volunteered for it.
MR. BEUCHLER: But all --
COMMISSIONER WILLIAMS: Karl, typically, after you
pay all your expenses, what kind of dollars do you have left
over to give to the --
MR. BEUCHLER: We usually have anywhere from $3,000
to $4,000 after the event and pay off our expenses. We -- we
owe no one. We save nothing. It's just -- it's
just a
nonprofit organization. Nobody takes anything off the top.
I
You know, it's -- it just all goes for what -- it's just a lot
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of people getting together to have a good time. And we think
that -- when 1 started this thing seven years ago, that there
really wasn't a place for the kids to -- to go hunt Easter
eggs, other than their -- their local churches that have their
own little private Easter egg hunts. These are for the kids
that don't have anywhere else to go.
COMMISSIONER WILLIAMS: It's a good event. I move
approval of the request by the Chili Association to use Flat
Rock Lake Park on April 7th for the annual Kerrville Chili and
Barbecue Classic and Easter Fest.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the agenda item, Any question or discussion? All in favor
of that motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Thank you
very much, sir.
MR. BEUCHLER: Thank y'all. One other thing while
I'm here. I would like to commend Buster -- Commissioner
Baldwin and his men that work for the Road and Bridge
Department for taking out that dip on Ball Drive. Everybody
in the subdivision really appreciates that.
COMMISSIONER BALDWIN: If there's any way I can be
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of further assistance to you, please do not hesitate to call
on me. (Laughter.)
COMMISSIONER OEHLER: There's a chili cook judge.
COMMISSIONER BALDWIN: No.
JUDGE TINLEY: You're in. You got a lock on that.
You're the chief chili cook judge. Let's move to Item 11, if
we might. Consider, discuss, and take appropriate action to
set a final public hearing for Phases II and III of Kerrville
South Wastewater Project, being Contracts 722411, 723095, and
724941, and 2002 Flood Disaster Relief Contract Number 718257,
on March the 2nd, 2007, at 5 p.m., in the Commissioners
Courtroom, the public hearing to be conducted by Grantworks.
COMMISSIONER WILLIAMS: That's the statement, Judge.
This is a requirement of the grants in each case, and
Grantworks typically advertises the public hearing and
conducts the public hearing, and it's a necessary thing to do
to wrap up these contracts. I move approval.
COMMISSIONER BALDWIN: Move approval of what? I
I can't --
COMMISSIONER WILLIAMS: Of the public hearing for
these three contracts.
COMMISSIONER BALDWIN: Are we in the room?
COMMISSIONER WILLIAMS: No. Grantworks conducts it.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER LETZ: Bill, my only question is, it's
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an awful short fuse, March 2nd.
COMMISSIONER WILLIAMS: I asked about that. They
said there's no -- there's no 30-day constraint.
JUDGE TINLEY: We may have to reconsider that day.
I think March 2nd is Texas Independence Day, which I think is
a holiday. And, here again, in addition to solving dips in
roads, we have a -- we have a Texas history aficionado in
Commissioner Baldwin, who insisted on the observation of that
holiday by members of this Court and the county government.
COMMISSIONER WILLIAMS: Is it the 2nd?
JUDGE TINLEY: I believe it is.
COMMISSIONER BALDWIN: Yes, it is.
COMMISSIONER LETZ: It's March 2nd, and I think we
have a holiday.
COMMISSIONER WILLIAMS: Well, why don't we just
reschedule that, and I'll just change the date right now; make
it March 9.
COMMISSIONER BALDWIN: Second.
COMMISSIONER WILLIAMS: I'll call Grantworks to do
I that.
JUDGE TINLEY: We have a motion and a second for
that public hearing to be conducted on March the 9th, 2007, at
5 p.m., as indicated in the agenda item. Any further question
or discussion on the motion? All in favor of the motion,
signify by raising your right hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. We'll move to
Item 12. Consider, discuss, and take appropriate action to
receive and approve a 2006 Racial Profiling Report from
Commissioner 2, Constable Joel Ayala. Commissioner Williams?
COMMISSIONER WILLIAMS: And in furtherance of the
requirements of the law, Constable 2 has presented his racial
profiling. I move approval.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the agenda item. Any question or discussion? All in favor
of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. We'll move to
Item 13; consider, discuss, and take appropriate action to
approve revised proposal on inspecting Flat Rock Lake Dam and
Ingram Dam. Commissioner Williams?
COMMISSIONER WILLIAMS: I've asked Mr. Schuster to
join us. Stefan, are you there? Thank you for coming back
down again. Appreciate that. Stefan has provided us with a
revised proposal which includes Ingram Lake Dam, and I'm going
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MR. SCHUSTER: Morning. Thank you, Judge,
Commissioners. For the record, my name is Stefan Schuster
with Freese and Nichols. After the February 12th
Commissioners Court meeting, we solicited three additional
nondestructive testing on Kerrville -- or on Flat Rock Lake
Dam, and received only two proposals back to this point, one
from our already preferred vendor, with about a 30 percent
increase to do a second dam. We received another proposal
over the weekend with an additional $12,000 proposal to do the
additional dam. And Flat Rock Lake Dam, half that cost is
tied up in equipment rental, whereas the preferred vendor of
choice actually owns the equipment and would not have to have
that expense for renting the equipment. But you have the
proposal before you. There's really -- I think it's -- the
efficiency of doing two dams at once is obviously shown by
only having a 30 percent increase in overall costs, so I think
there's certainly some efficiency in doing that. The firm is
ready to go. We believe we certainly could get the work done
in a matter of a week, and scheduling would be as they're
available. So, I would think somewhere in the next 90 days,
we could have the work completed and a report back to you.
COMMISSIONER LETZ: What --
COMMISSIONER WILLIAMS: Stefan -- I'm sorry.
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Stefan, I just have one question. I'm sure there are other
questions on the Court. In your second paragraph, you talk
about essentially the extent of the voids are identified on
the crest and downstream slope. If we -- does this -- does
the proposal embody our ability to examine the reservoir side
of the dam?
MR. SCHUSTER: The reservoir side to the dam would
be examined for about 5 feet below the water surface. That's
about the extent of the nondestructive testing without
lowering the dam. We can get about a 5-foot view below the
water line, so it's almost to the crest of the very edge of
the dam. But without actually draining the -- the upside
stream side of the dam, we would not be able to test that
side.
COMMISSIONER WILLIAMS: In your experience, do you
think that's sufficient on the reservoir side?
MR. SCHUSTER: The engineer's opinion is that that
is sufficient to look at the type of investigation we're
looking at here. And it's really focusing on nondestructive
testing. We're not going to drill any holes. We're not going
to drain any of the dams. This is really to get the best
assessment of what we can see without -- without draining the
lakes.
COMMISSIONER LETZ: How deep into the dams does the
testing go?
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MR. SCHUSTER: It depends on what -- how deep the
clay or how dense the clay is. But they estimate up to a
10-foot penetration beneath the cap, so that should go nearly
to the base of the dam for both sides. We should have fairly
COMMISSIONER BALDWIN: Mr. Schuster, a question I've
always had about this, and a fear that I have, and you address
it in -- in your second paragraph, and I'm going to read the
sentence. "Extreme caution must be exercised when grouting
beneath the concrete cap to prevent inadvertently lifting it
from the foundation." Can you kind of give us an idea -- I
mean, how -- do you pour grout or the other material that you
referred to in there until it starts lifting? I think that
may be far enough? How do you go about doing that to know
that it's full and we're getting in a dangerous area?
MR. SCHUSTER: That's an excellent question. One of
the reasons we're recommending this --
COMMISSIONER BALDWIN: Of course it's an excellent
question.
MR. SCHUSTER: Yeah. The idea is really to look at
to what extent the previous voids may have been filled with
grout to avoid this very issue, and it's really more about --
you drill a hold to actually have access to where you believe
there is a void, and then fill grout at that location. And
it's literally done as you would do any -- you know, any home
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project, getting a sense in terms of poking material in until
you feel like you've filled the void and it's coming -- coming
back up through the edge of the hole, so it's fairly
nonscientific at this time. And that's one of the reasons
we're recommending this investigation to actually look at
where the voids are at this time so we have a better idea
where the previous grouting actually still has contact with
the cap, and where we would be at risk to actually introducing
some lift. So, it's one of the reasons we're making this
recommendation for this investigation.
COMMISSIONER BALDWIN: Good.
COMMISSIONER WILLIAMS: With the type of
recommendation you're making and what you've identified as the
scope of this work, the concern that was raised by
Commissioner Oehler about lowering the lake and protecting the
spawn of the fish and so forth is now moot?
MR. SCHUSTER: Now moot, absolutely. That's
correct.
COMMISSIONER WILLIAMS: So we could proceed at any
time?
MR. SCHUSTER: Absolutely. There is no -- there
will be no interruption of normal procedures at the dam or
anything else. Really, it would take --
COMMISSIONER OEHLER: The only thing is that you
wouldn't get -- you would not get a total picture, in my
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opinion, of what is inside the cap by not draining the lake.
MR. SCHUSTER: And I agree with that. The costs
become, you know, a lot more significant if you look at more
destructive testing to look at the different types of
technologies that are available. To look at electric
you actually drill holes into the surface, and then obviously
lowering the dam would involve a much more significant
increase in costs. So, I agree, it's a matter of choice, of
great danger, by anyone's opinion, and so I think what we're
doing here is a very good cautionary assessment to look at
what the conditions may be, at least the surface areas where
we should be concerned.
And I think doing both dams, constructed at the same
what the conditions may be. So, I think, between the two
dams, we get a very good assessment of what the condition
overall would be. So far, no one's given me any indication
that they think that there's a serious problem. This is
really more of a -- a safety issue so that we don't have to
worry about it in the next decade or so, particularly lifting
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the cap, as previous repairs have been done. So, I don't
think there is a need for a more sophisticated investigation
I at this time. There's no signs or indicators of that.
COMMISSIONER LETZ: This -- the test that you're
doing here, if it -- if the voids are bigger than you thought,
at that point a recommendation could be to go and do some more
looking --
MR. SCHUSTER: Absolutely.
COMMISSIONER LETZ: -- at specific areas of the
~ damage?
MR. SCHUSTER: Absolutely. This first phase is
really to look, get a good assessment of the subsurface
condition beneath the cap of the dam, and to look at what may
have been identified in the T.C.E.Q. inspection reports and
what may have been done in the previous repairs, and then make
a decision on whether something major needs to be done or
whether we're in good shape and we can have a very affordable
repair.
COMMISSIONER WILLIAMS: A question's been asked of
me as to why I hadn't included the Center Point Dam in this
inspection as well. Seems to me that the construction of
Center Point Dam is a little different than the construction
of Ingram and Flat Rock Lake Dam, and that would tell me that
the Center Point Dam probably predates the other two. My
memory doesn't take me there; I don't know that. I see
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Commissioner Oehler --
COMMISSIONER OEHLER: Mine doesn't either; I was
barely born.
COMMISSIONER LETZ: The Center Point -- the Center
Point Dam is totally different construction. It's just a
concrete -- a solid concrete --
COMMISSIONER WILLIAMS: It's kind of like a wall.
Kind of like a wall. There's no spillway and so forth.
COMMISSIONER LETZ: I don't think there's any dirt.
COMMISSIONER WILLIAMS: There doesn't appear to be
any need to do that. That's the whole point of my referencing
it. So, with the information that's been presented, and the
revised cost that Mr. Schuster has presented us, it appears
that we are under -- under the threshold which would require
an RFQ, and I think the revised cost total now for two dams is
$24,600.
MR. SCHUSTER: That is correct.
COMMISSIONER WILLIAMS: Is that correct? I would
move approval of that, and we'll do a budget amendment. Maybe
I can get the Auditor to prepare it after the break. And
that -- those funds would be transferred from the Flood
Control account for this purpose, and that's my motion.
COMMISSIONER OEHLER: I'll second your motion, being
as I'm the other one involved in this.
JUDGE TINLEY: We have a motion and a second. Any
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question or discussion?
COMMISSIONER BALDWIN: Only -- only suggestion that
I have is that we drain Flat Rock Lake and wait till summer,
and see if we can really drive the City crazy. (Laughter.)
That's a great opportunity.
COMMISSIONER WILLIAMS: I'd move your suggestion,
Commissioner, but I won't be around to see that, 'cause I'll
get killed.
COMMISSIONER BALDWIN: Right. Well, that's kind of
part of my deal here. (Laughter.)
COMMISSIONER WILLIAMS: Appreciate your vote of
confidence there.
COMMISSIONER BALDWIN: You know how much I care for
I You.
JUDGE TINLEY: Mr. Schuster, I have some question
about your numbers here, --
MR. SCHUSTER: Yes, sir.
JUDGE TINLEY: -- if I might go over them with you.
MR. SCHUSTER: You bet.
JUDGE TINLEY: In your -- in your transmittal, you
indicated in the first paragraph the present 18,000 for this
project would need only increase by 30 percent to include the
second dam, and then at the end of your materials, you
indicate the total of $29,600.
COMMISSIONER OEHLER: Those don't match up.
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JUDGE TINLEY: My calculation is that increasing by
30 percent brings us to 23,4, and not 24,6.
MR. SCHUSTER: Yes, sir. We had this discussion,
actually, on Friday afternoon, that we had the same
misidentification in our office. The 30 percent increase is
actually on the vendor's cost, and the additional $1,000 or
$1,200 are for our supervision of that vendor in the field,
the surveying and the laying out the lines on the dam. And,
so, the 30 percent increase in cost is what the vendor quoted
us for doing the additional testing on the dams, and then the
additional $1,200 difference is for our supervision and
surveying work.
COMMISSIONER WILLIAMS: Which makes the percentage
about 33.3, Judge.
JUDGE TINLEY: I calculate it as 92.16.
COMMISSIONER WILLIAMS: Whatever.
MR. SCHUSTER: Yeah, we noted that error in our
office as well, so thank you, Judge, for noticing that.
COMMISSIONER WILLIAMS: It's the dollars, the amount
that matters.
JUDGE TINLEY: Well, I was just trying to see if we
couldn't make that a little leaner.
COMMISSIONER WILLIAMS: Well, that's okay.
Appreciate that. Thank you, sir.
JUDGE TINLEY: We have a motion and a second. Any
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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. Let's move to
Item 14 -- thank you, Mr. Schuster.
MR. SCHUSTER: Thank you.
JUDGE TINLEY: Item 14, consider, discuss, and take
appropriate action on request from Collin County to join or
otherwise assist Collin County and others similarly situated
to resist negative effects of indigent health care program
legislation. I put this on the agenda. As members of the
Court are aware, I circulated some information that we
received from the County Judge in Collin County, who seems to
be -- Judge Self, who seems to be really taking the bull by
the horns on some legislation that's pending over in our
current Legislative session dealing with our indigent health
care responsibilities under state law, and he has solicited
Kerr County and other counties to join him in resisting the
negative affects of some of this legislation, and I would like
to give him a response, yea, nay, or otherwise.
COMMISSIONER BALDWIN: Well, there's power in
numbers, sometimes. When it comes to Austin, I don't think it
matters much with those people. But the report that I had
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gotten last week is that what the State's wanting -- wanting
to do within the indigent health care program is basically
rate counties, and so I think we should try everything we can
and do everything that we -- in our power to stop that, and
here's a vehicle to do it. So, I'm certainly in favor of it.
JUDGE TINLEY: Okay. Is that a motion?
COMMISSIONER BALDWIN: It is.
JUDGE TINLEY: All right.
COMMISSIONER WILLIAMS: Second.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: We have a motion and a second to join
Collin County and others similarly situated to resist the
negative effects of indigent health care program legislation.
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. Let's move to
Item 15; discuss, consider, and take appropriate action on a
copier lease contract. Mr. County Attorney?
MR. EMERSON: Thank you, Judge. It's time for our
annual -- I shouldn't say our annual renewal; our renewal
every five years or so with the copier. We currently have an
old Xerox machine. We solicited bids from Xerox and Ikon.
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Because of the nature of our office, we have do have a
high-speed copier that will handle quite a bit of volume.
Based on the two presentations that were made to our office,
Xerox basically said you can keep the same old machine that
you already have that's five years old, that runs 32 pages a
minute, or we can take a brand-new Ikon that will run 50 pages
a minute, with an allowance for up to 10,000 copies a month,
which is a $2,500 -- or a 2,500-page copy increase over what
we currently have. And by taking the new Ikon contract, we
can also save the County $768 a year, so that's what I'd
propose to the Court.
JUDGE TINLEY: Seems like a no-brainer, doesn't it?
MR. EMERSON: Yes, sir.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: We have a motion and a second to
approve the recommendation of the County Attorney for a lease
on a new copier for his office. Any question or discussion?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Why don't we
take about a 15-minute break here, and we'll come back and
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(Recess taken from 10:19 a.m. to 10:37 a.m.)
JUDGE TINLEY: Okay, let's come back to order, if we
might. We were in recess for a short period of time. We'll
reconvene. We have a timed item for 10:30; it's a bit past
that now. Item 16, consider, discuss, and take appropriate
action to enter into agreements with the City of Kerrville and
Kendall County whereby Kendall County will be responsible for
EMS service, both emergency and transport, for Kerr County
residents that live in Falling Water and The Reserve
Subdivision. Commissioner Letz?
COMMISSIONER LETZ: I put this on the agenda. This
is something we've talked about going on probably two years as
an issue. I certainly bring it up every time we have our
joint City/County meetings, as this is in my area. And
what -- before they come up, I'd like to make a few comments.
Roger Lampman and Mr. Bernard Selensky, both representatives
of Falling Water Subdivision, are here. In fact, there is a
draft agreement that was prepared by the City Attorney, Mike
Hayes, relating to amending the agreement for EMS coverage.
There's another agreement that I didn't include, but it also
brings in City of Ingram as a party of that because of the
larger -- I guess -- I can never really figure out why, but
Mike Hayes says that we need to have that one signed. Well,
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in far west Kerr County. As I understand, that agreement has
never been signed by all the parties, but I think it is
actually functioning. But in this circumstance, there may be
and probably will be a cost associated with it that Kendall
County's going to want for picking this up. Not a huge
amount. I think we can put it within the budget. It's, you
know, less than $5,000, probably closer to $2,000 or $3,000.
Kerrville EMS will -- will be the second backup. If the
Comfort ambulance is in, then the intention is that the -- I
mean, excuse me, if the Comfort ambulance is out on a call,
then the ambulance will not come out of Boerne; it will come
out of Kerrville, so they will have to forward the call back
here. 911, we're not recommending changing on this one as we
did out in west Kerr County. Chief Holloway and I have looked
at that and talked about it quite a bit, and current thought
is that it's probably better to let the 911 calls go to
Kerrville dispatch, and then on EMS calls only, forward those
to Kendall County.
And, anyway, that's kind of an outline of it. The
next step after this is going to be -- I don't really
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anticipate any action today; this is just to make the Court
Kerrville, and hopefully we'll finally get this thing put to
rest. But I know Mr. Lampman has come today, and he'd like to
make a statement as a resident of Falling Water.
MR. LAMPMAN: Thank you for the opportunity to speak
av. My name is Roaer W. Lampman. I reside at 190
Water Subdivision, approximately 5 miles out of Comfort north
on Highway 87 towards Fredericksburg. The entrance to our
subdivision is in Kendall County; however, the large majority
of the subdivision is located in Kerr county. Bernard
Selensky, who's president of our property owners' association
and a resident of Kendall County, and I -- and I are here
today representing the Kerr and Kendall County Falling Water
Property Owners' Association. I am currently serving as their
vice president. Currently, there's 72 homes located in
Falling Water, of which 54 are located in Kerr County.
Our problem: In the event of a medical emergency in
portion of the subdivision would need to be transported, we
would need to wait for the EMS unit from Kerrville to arrive,
even though it is quite possible that a unit -- EMS unit in
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Kendall County that would be located in Comfort could arrive
must get your approval to improve upon the current method of
handling. Because of the similarity in the names of the
subdivisions, and after meeting with Chief Holloway, the
declarant of The Reserve at Falling Water has also asked that
they be -- be made a part of this agreement, and we have given
y'all information from that subdivision. There are presently
four homes, I believe, completed in The Reserve, and 12 under
construction.
We believe the solution to this problem would be for
an interlocal agreement, as you have stated, Mr. Letz. And
rather than bore you with additional on that, I think you
covered it very well, sir. Then in the past two and a half
years, we have known of only two EMS calls to our subdivision.
One call was in Kerr County, the other in Kendall. Our
property owners' association supports the Comfort Volunteer
Fire Department with a substantial monetary gift each year,
and our residents are paying sizable county taxes in both
counties. We trust that the Kerr County Commissioners Court
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will help us solve this problem before some emergency
situation occurs at one of our doorsteps. We understand that
this interlocal agreement is -- is on y'all's -- or in your
hands, and we thank you again for allowing us to appear before
you, and we trust that we'll receive your support. Thank you
very much.
COMMISSIONER BALDWIN: Thank you, sir.
JUDGE TINLEY: Thank you.
COMMISSIONER BALDWIN: I got a couple of questions.
I'm a little bit disturbed by the two subdivisions with very
similar names. Is there any way to change one of them?
COMMISSIONER LETZ: The names, what they are --
well, they're side-by-side; they're served by one water
system. The names are Falling Water, and then The Reserve at
Falling Water.
COMMISSIONER BALDWIN: So, 911 doesn't have a
problem with that?
COMMISSIONER LETZ: They approved them. I mean,
they're both relatively new subdivisions, and in reality, the
-- The Reserve at Falling Water, the "at Falling Water" has
almost disappeared. I mean, I think their sign is -- at the
entrance is probably 5 feet high and probably 10 feet long,
for "The Reserve" portion, and the "at Falling Water" is about
6 inches high and 2 foot long. I mean, it's -- you know, so I
don't think it's a confusion to the public.
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COMMISSIONER BALDWIN: Okay.
COMMISSIONER LETZ: Or to the EMS groups.
i COMMISSIONER BALDWIN: Yeah, all right. Let's say
that Mr. Lampman dials 911. Where does that call go, first
time?
COMMISSIONER LETZ: The current feeling, after
talking with Chief Holloway last week, was it'll go to
Kerrville EMS -- or Kerrville police, I'm sorry.
COMMISSIONER BALDWIN: Yeah. It will come to
I Kerrville.
COMMISSIONER LETZ: Yeah.
COMMISSIONER BALDWIN: And then they send it down to
I Comfort?
COMMISSIONER LETZ: To Kendall County; send to it
~ Boerne.
COMMISSIONER BALDWIN: Somewhere. They send it
somewhere else. So, that's two calls, okay. And then if
Kendall County's ambulance is out on a run, then the call
comes right back to Kerrville. I know there's not a better
way -- and I'm glad you've gotten this far. This is
thrilling. It just -- golly, there's -- seems like there's a
better way to do it than that. I don't have an answer to it.
And then let's say that Kendall County gets the call and they
respond in their ambulance. Do they come to Kerrville with
the patient, or do they go -- where do they go?
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COMMISSIONER LETZ: They go to wherever Kendall
County chooses to go.
COMMISSIONER BALDWIN: Okay. So, that's none of our
business, then?
MR. MALONEY: It would be up to Kendall County, sir.
COMMISSIONER BALDWIN: Okay. And then, in our
agreement -- or in our hopes and dreams, do we -- do we want
Kendall County to be somewhat close to our protocols? I mean,
I know that they probably are not trained to the level of
pushing the drugs like y'all are. But -- wait a minute.
Isn't that correct terminology, "pushing drugs"?
MR. MALONEY: Yes, sir. Or medication
administration would probably be --
COMMISSIONER BALDWIN: Okay, medication
administration.
MR. MALONEY: Yes.
COMMISSIONER BALDWIN: Y'all are highly trained to
where you can call Peterson Hospital and the doctor says,
"You're right, give them some medication," and you can do
that, but not all EMS departments are that qualified.
MR. MALONEY: Yes, sir, there are differences
between the systems, as far as on the medication
administration and procedures in general, in regards to the
medical protocols. That is set up actually by the medical
director for the EMS service. Ours is Dr. Nail, who was the
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EMS Director with Sid Peterson. I'm not actually sure who
Kendall County's medical director is. As far as on the
administration -- the actual patient care, they will receive
fine patient care with Kendall County. They are -- they're
either the ALS with MICU capability, or MICU capability, which
is identical with us, so they can still receive the same
patient care.
COMMISSIONER BALDWIN: That's what I wanted to hear.
MR. MALONEY: There may be little differences, but
minimal.
COMMISSIONER BALDWIN: Okay, that's it. Thank you.
COMMISSIONER WILLIAMS: Are you finished? I'm
sorry.
COMMISSIONER BALDWIN: Yeah, mm-hmm.
COMMISSIONER WILLIAMS: Does Kendall County have an
EMS box stationed in Comfort?
COMMISSIONER LETZ: Yes.
COMMISSIONER WILLIAMS: So, the only -- only
potential delay is if that -- if a call came in and that
happened to be out on another run.
COMMISSIONER LETZ: Right, and it would. And I
think the residents -- and that's not -- that ambulance is not
out that much. I mean, obviously, it is, and there's a risk,
and if that ambulance is out, it could be potentially another
5-minute delay or so to get that call back up to Kerrville and
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then Kerrville dispatch.
MR LAMPMAN: Our property owners are well aware of
that, sir. And, in fact, we've talked about it at homeowners'
meetings and at board meetings. We understand that if they're
out, the best we can do is that, and many of us -- I know at
least 24, 25 families, we've joined this Air Evac membership
thing where they'd have to call in a helicopter, where we're
going to be members of it. So, I think as time passes, more
people are going to spend that little bit of money and become
members of that, because if you need to be transported, the
quicker the better.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: I think the -- the main reason
for having it on the agenda, and why the gentlemen are here,
is to make sure what they provided today is sufficient for us
to take action. In my opinion, it is. It's -- Dale Crenwelge
has signed for The Reserve. He is -- that association has --
it has not been turned over to the homeowners' association
yet, though it is about to be turned over, as I understand it,
and these gentlemen represent the Falling Water Subdivision,
and that's what I've told them. I said that I need assurance,
and I think the rest of the Court's going to need assurance
that this is what the residents want. And I don't want to
just go changing EMS without the people knowing it, and I take
this -- what they've provided us as sufficient information
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that -- a documentation that these two subdivisions want this
COMMISSIONER OEHLER: It just seems to me like if
Kendall County's going to be the primary provider, they should
aet the 911 call. And then if they're out, they could call
it's -- that's just me thinking, but it just seems like the
primary source would be contacted first.
COMMISSIONER BALDWIN: I agree.
COMMISSIONER LETZ: And we've talked about that, and
that out of Kerrville, and we'd hate -- and the reality is,
fire is probably a more likely problem, and we hate to mess
with the system any more than we have to. Because as soon as
you start changing things, it's going to cause more delays.
So, fire gets toned out on time now. I don't think the
Sheriff's Department's ever been called in to Falling Waters,
but also, they're -- they have to be considered as well. If
there is an emergency situation for the Sheriff's Department
and if there is a call like that, they need a pretty quick
response usually. So, there's -- you have to look at fire.
Unfortunately, 911 doesn't differentiate who we're trying to
contact. The -- I guess the other part of it a little bit, if
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there is a -- a problem -- this is kind of my personal
standpoint -- a dispatch problem, I would rather have it where
I have some authority over it, which is in Kerrville, even
though it's very minimal, but at least I can call Eric and
yell at Eric, and I think Eric listens. Whereas if we totally
or representation, because they're going to -- you know, I
just don't know how they work it in Kendall County when it
comes to that issue. But Kendall County -- they said they
want that, and we'll have to look at that again.
COMMISSIONER OEHLER: Well, the other thing that I
have a concern over is that if Kerrville would reduce their --
their EMS charges by the amount that is being paid to Kendall
County to provide that service, that would seem to be in
order, to me.
COMMISSIONER LETZ: I think it would be as well.
COMMISSIONER LETZ: Anything else? Okay, that's it.
I mean, I don't anticipate action; it will come back after
talking to Kendall County, and hopefully get this done in the
next couple of months.
JUDGE TINLEY: Anything further on that particular
agenda item by any member of the Court? Let's move, if we
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might, to Item 18. Consider, discuss, and take appropriate
action on policy change regarding all new hires being required
to have their paychecks directly deposited to a checking
and/or savings account as of March 1, 2007. Ms. Hyde, the
H.R. Director, asked that this item be placed on the agenda.
Ms. Hyde?
MS. HYDE: I asked that this be put on the agenda,
because right now we have multiple ways that our checks are
being processed. It costs us quite a bit of money, costs us
quite a bit of time. Most governmental agencies are now to
the point where they require new hires to have automatic
deposit of some sort, whether it be checking or savings
accounts. This is for new hires; existing employees would be
grandfathered in. But it also sets the stage so that we can
start getting our payroll system updated during the next 18
months, so that we don't have to have a person sitting down
there for two and a half, three hours stuffing paychecks,
which seems like a huge waste of time. We have to print them.
We have to fold them. We have to stuff them. We have to mail
them.
COMMISSIONER LETZ: Some -- I have no problem with
this. I have no problem -- Sheriff already has a comment in
disagreement, but anyway, I have no problem with it, but I was
under the impression that it really wasn't a time savings,
because you still had to get the pay stub to the employee in
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an envelope.
MS. HYDE: Well, part of that is -- yes, but like
we're saying, the next 18 months, we don't look for it to be
that way. There is a system that already works with Incode,
Odyssey, most of your major payroll systems, that will take
the check; they fold it, the check itself. If you have to
have an old-fashioned check, hard check, it'll actually take
that, it will fold it all up for you, and seals it. Most of
us get it when we get -- or have seen them when you get
checks; they're normally about this wide. You rip off the
top, rip off the -- rip off the two sides, you open it up, and
there it is, and it does it for you.
MR. TROLINGER: Actually, with the heavy use of --
basically, everyone has an e-mail account now. Any county
employee that -- that has an e-mail account right now could
get their pay stub electronically via e-mail with no paper.
MS. HYDE: Right.
MR. TROLINGER: So that's kind of the focus of this,
is reducing the driving around on payday to go pick up this
paper and move it around.
MS. HYDE: I mean, we have -- all the officials or
department heads or somebody has to come over here, has to
pick up the checks, has to take them back. I mean, it just
seems like a lot of wasted time.
COMMISSIONER BALDWIN: I'm going to disagree with
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you. I just don't like the word "required." It's the
employee's money, and they should have the choice and
opportunity to do whatever the hell they want to do. I have
chosen direct deposit, and I appreciate you doing that. I
like it. It's the best thing for me, but it may not be the
best thing for an employee next to me. I just don't like the
word "required." I think I would strongly encourage people,
but I just -- you know, I just don't like a Big Brother issue
of telling people what to do and how to do it with their own
money. That's my only comment. I'm going to vote against
this.
COMMISSIONER WILLIAMS: Question -- two questions.
In the unlikely event that you hire a -- Kerr County hires an
employee that -- who does not have a bank account --
MS. HYDE: Mm-hmm.
COMMISSIONER WILLIAMS: I know that sounds weird in
2007, but there are probably some out there.
MS. HYDE: Mm-hmm.
COMMISSIONER WILLIAMS: What happens then?
MS. HYDE: Well, just like with anything else,
there -- there can be some special dispensations made, but for
the most part, you have to have some sort of proof that money
-- I mean, they're going to have to some have someplace to
deposit that check. They're going to have to have someplace
to cash that check. If they do go to a regular institution
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and they don't have a checking or savings account, it is
costing them money, so most people have got some sort of
checking and/or savings account so that they can cash their
checks.
COMMISSIONER WILLIAMS: Have you ever -- have you
ever visited check-cashing stations?
MS. HYDE: Oh, yeah.
COMMISSIONER WILLIAMS: Where people just line up to
cash their checks on payday. Second question is, what's the
percentage of current employees who have done like my
colleague here and switched over to direct deposit?
MS. HYDE: Well, when I first came here, there might
have been 10 percent of our total employees that were on
automatic deposit. There was a trust factor. There was
evidently some baggage from last year, when they attempted to
try to put this in, and we're up to about 55 percent right
now.
COMMISSIONER WILLIAMS: Thank you.
JUDGE TINLEY: Anybody else have anything to offer?
COMMISSIONER LETZ: What would be wrong with doing
as Commissioner Baldwin -- not requiring it? Saying that
it's, you know --
COMMISSIONER WILLIAMS: Suggested.
COMMISSIONER LETZ: -- suggested, and --
MS. HYDE: Well, we can keep suggesting it. The
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problem that we have is there are still a lot of folks that
don't trust it because of what happened before.
COMMISSIONER LETZ: And I think that -- and I think
that that's probably my biggest concern, is that there is a
trust factor. There's a trust factor coming out of -- any
money coming out of the county at the moment, things being
done properly. And I think that we, as a county, you know,
need to build that trust back that we're doing things right.
And, you know, I'd be more inclined to require it six months
from now, after it's working smoothly and not having a
problem --
MS. HYDE: Okay.
COMMISSIONER LETZ: -- than I am right now, because
there is a trust factor. And that's -- I think the Sheriff's
Department, they did it and they had some problems. And I
don't blame people for having a little bit of a --
MS. HYDE: The good news is, Rusty trusts us now.
SHERIFF HIERHOLZER: I just signed up for automatic.
We'll see. I believe it's coming, but I -- but I also have
employees that do not have checking or savings, and I don't
think that it should be a requirement before I hire them that
they have it.
COMMISSIONER WILLIAMS: That's my problem.
JUDGE TINLEY: So, you think "strongly encourage" as
opposed to "require" would be the appropriate terminology at
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this point?
SHERIFF HIERHOLZER: I would -- like I said, I
signed up last week, so in a few months, I would probably say
"strongly encourage." Right now, I'll just say "encourage."
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: That's -- I mean, let's go along
with what we're doing.
MR. TROLINGER: The only other support I can give on
this is, Eva's trying to do the right thing for people.
People that don't have bank accounts that go to the
check-cashing places are having a cut -- a tax taken out of
their checks.
SHERIFF HIERHOLZER: But that's their choice.
MR. TROLINGER: You know, if we can help them out
when they come to work here and get them a bank account, get
them electronically doing this, I think it's to the benefit of
the employees. I think Eva's --
COMMISSIONER WILLIAMS: That's part of the "strongly
encourage."
MR. TROLINGER: I think that's what Eva's doing;
she's looking out for people.
MS. HYDE: Thank you.
COMMISSIONER LETZ: Can you -- and I -- no, I won't
bring that up.
COMMISSIONER OEHLER: Well, I agree with what you're
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trying to do. It makes sense. It makes sense for the
Their taxes
Withholding, the whole bit's been
taken out, so whatever they get, cash it, put it in your
pocket. When it's gone, it's gone.
SHERIFF HIERHOLZER: Well, what you may have is some
people, in previous days or something, had a problem with
insufficient funds in banking accounts and things like that,
and they finally got to the point, because of those costs --
you know, whether it's a personal mismanagement of money or
whatever, that they have just decided, "I don't have a
checking account. I don't want any, you know, possibility of
that," so they just deal with cash. And with a savings
account, it's a little bit harder, too, and I have employees
that just deal with cash, and that's what they would rather
deal with. And I don't think they should be forced to have an
account if they don't want one, for whatever reason.
COMMISSIONER LETZ: It seems to me that we can get
up to, you know, 90 percent, 95 percent electronic
voluntarily. Isn't that accomplishing the same thing?
MS. HYDE: Yeah. To a point, yeah. But it also
helps us when we're doing other things. And the Sheriff makes
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a good point, as far as some people can't get some accounts.
But it also helps when you're starting to try to validate who
a person is.
COMMISSIONER WILLIAMS: Are we taking any steps to
work on the other 45 percent of our current employees?
MS. HYDE: Well, the biggest thing that we've been
doing is just -- is any new employee that comes in, we're
trying to sell them on it. We show them the form; we talk to
them about it, the great pluses. If you go on vacation, if
you're out of town, you don't have to come in and get a check.
You don't have to go down to the bank. You don't have to do
all those type things. And we're trying to work with John so
that very soon, we can start allowing people not even to get a
check stub; they can go online and get their own. I mean,
they don't have -- we don't have to worry about the paper.
But right now, you're talking about -- we did it last pay
period with Mindy, and it took us four and a half hours just
to stuff checks.
COMMISSIONER LETZ: I mean, as long -- if we can get
rid of having to stuff them -- the receipt portion, I'd be --
then I can see a real savings, but right now we still have to
do that, it seems to me. So, until we get the e-mail portion
set up, or some other system --
MS. HYDE: There's some software that we're going to
go look at, and the City uses it right now, where they do the
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automatic folding, and you don't have to use manpower to
actually fold these checks and put them in something. So,
we're --
COMMISSIONER LETZ: I like the e-mail one better,
because it -- I mean, it's saving the postage and the paper.
MS. HYDE: Absolutely.
COMMISSIONER LETZ: I think that's the way to try to
go. But maybe you can -- maybe we could offer a -- you could
offer a savings -- pass a savings on to people that do it
direct payroll. I mean, they get, you know, a dollar more a
paycheck.
SHERIFF HIERHOLZER: One thing the bank -- or the
schools do is, their paychecks, if you use automatic deposit,
the employee's paycheck actually goes in about -- I think it's
up to two days earlier than the regular paycheck.
MS. HYDE: Right.
SHERIFF HIERHOLZER: And that's where the school
gets a lot of teachers, my wife included, that do use
automatic, because they do get it two days earlier than they
normally would.
JUDGE TINLEY: I think there's an A.G. opinion that
suggests that unless there is a true emergency, that -- that
County employees should not be paLd early, and then it has to
be approved by the Court, whatever that particular emergency
is.
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SHERIFF HIERHOLZER: I'm just saying that's how the
schools do it.
JUDGE TINLEY: I'd hate to run afoul of that. But,
anybody else have anything to offer in connection with this
particular agenda item? Hearing none, we'll move on.
COMMISSIONER BALDWIN: Judge, I do have a question
about the agenda. Are we not receiving reports from
departments any more? I can't see that anywhere.
JUDGE TINLEY: We haven't in some time, no.
COMMISSIONER BALDWIN: And the point is, I see John,
the guru -- computer guru here, and I think at some point
pretty soon, I'd like to have a report from him on the new
system.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: And to see that it's up and
running. And if it's not up and running, this Court has spent
a lot of money on that machine, and we need to hold somebody I
accountable and, you know, do some things to get this machine
up and running.
JUDGE TINLEY: I think, with respect to reports from
the departments, a lot of those we've been receiving somewhat
on a routine basis anyway in writing.
COMMISSIONER BALDWIN: Yeah, I understand.
JUDGE TINLEY: They get distributed to us in normal
distribution.
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COMMISSIONER BALDWIN: I see that it's disappeared
off of the agenda.
COMMISSIONER WILLIAMS: I have a quick question of
Mr. Trolinger.
MR. TROLINGER: Yes, sir?
COMMISSIONER WILLIAMS: What's your cell phone
number so I know how to get ahold of you?
COMMISSIONER BALDWIN: Don't do it. Don't do it,
John.
COMMISSIONER WILLIAMS: Oh, we have it on a card.
COMMISSIONER BALDWIN: Oh.
MR. TROLINGER: Thank you.
COMMISSIONER WILLIAMS: Thank you very much.
JUDGE TINLEY: Don't want it in that record, do you?
MR. TROLINGER: No, sir.
COMMISSIONER WILLIAMS: I'm going to read it into
the record. (Laughter.)
JUDGE TINLEY: Okay. At this point in time, we have
completed all of the particular agenda items for closed -- or
public session. I assume that there's still a desire by the
H.R. Director to go into executive session on Item 17; is that
correct? So, at this time, we will -- we will close the
public or open session of the meeting, and it is 11:12.
COMMISSIONER WILLIAMS: Are we doing the Sheriff's
also? Are we going to do the Sheriff's request also?
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JUDGE TINLEY: Mm-hmm.
COMMISSIONER WILLIAMS: Okay.
(Discussion off the record.)
(The open session was closed at 11:12 a.m., and an
executive session was held, the transcript of which
is contained in a separate document.)
JUDGE TINLEY: We are now back in public or -- or
open session, and it is 11:51 a.m. Does any member of the
Court have anything to offer in connection with the matters
discussed in closed or executive session? Hearing nothing, we
will proceed and go to Section IV of the agenda. 4.1, payment
of the bills.
COMMISSIONER WILLIAMS: Move we pay the bills.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: I have a motion and second to pay the
bills. Any question or discussion? Sheriff?
SHERIFF HIERHOLZER: Uh-oh.
JUDGE TINLEY: I'm looking at Page 29. Thank you
and sympathy cards.
SHERIFF HIERHOLZER: Mm-hmm.
JUDGE TINLEY: 220 bucks worth.
SHERIFF HIERHOLZER: That's paid out of the donation
or equipment fund anyhow, okay? And, yes, that's exactly what
that is.
JUDGE TINLEY: Everybody that departs your jail that
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gets out after time served, you give a sympathy card or a
thank you card?
SHERIFF HIERHOLZER: No, sir. There are times when
former employees have died; we've had a number of them, and I
would like to be able to send cards on the County's behalf to
those. And the little thank you cards, to be honest, are for
my own employees. I'm trying to do some things when they do a
job above and beyond, like I had one perform CPR on an
individual the other day and saved his life, and I have
jailers that find weapons coming into the jail, and I'd like
to be able to say thank you to those people personally, to
kind of boost their morale up and make relation -- working
relationships better, 'cause it has changed a lot over the
last year. We're getting urine and feces and everything else
thrown all over them by these nut cases; there's nothing we
can do.
COMMISSIONER LETZ: Do you write them, or does
Nancy?
SHERIFF HIERHOLZER: I write them.
COMMISSIONER LETZ: I don't know how anybody can
read your writing.
SHERIFF HIERHOLZER: They can figure it out.
JUDGE TINLEY: You found that to be a good morale
booster?
SHERIFF HIERHOLZER: I've found it to be very
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effective, and helps with employees.
JUDGE TINLEY: And the funds come out of donated
funds --
SHERIFF HIERHOLZER: Donated funds.
JUDGE TINLEY: -- from citizens? Okay. Any other
questions or comments? All in favor of the motion, signify by
raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's go to
Budget Amendment Number 1.
MR. TOMLINSON: Number 1 is for my office, to
transfer $1,077 out of my Assistants line item to the Overtime
line item, for the -- my two employees that helped the weekend
-- helped the Treasurer get -- try to get a start in her
office.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval. 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.
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(No response.)
JUDGE TINLEY: Motion does carry. Let's go to
Budget Amendment Request Number 2.
MR. TOMLINSON: Okay. Number 2 is for Constable,
Precinct 1. He -- he's received a donation of $50. What
we're doing is increasing the -- the revenues by $50, and
adding $50 to his budget in Miscellaneous.
COMMISSIONER BALDWIN: I move for approval.
COMMISSIONER LETZ: Second.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(NO response.)
JUDGE TINLEY: Motion does carry. Budget Amendment
Request 3.
MR. TOMLINSON: Okay, 3 is for the 198th District
Court. We need to transfer $1,259.77 from Court-Appointed
Attorneys to Court Transcripts.
COMMISSIONER LETZ: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded. Any
question or discussion? We're going to run out of
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Court-appointed lawyer money, aren't we?
MR. TOMLINSON: We may.
JUDGE TINLEY: I'll make a wager with you right now,
give you 8 to 5. Do you want any? No, didn't think so. 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. Do you have a
Budget Amendment Request Number 4 for us?
MR. TOMLINSON: Well, I have one that I made up
after you approved the payment of the --
JUDGE TINLEY: $12,357.72?
MR. TOMLINSON: Yeah. To transfer $5,613 from
10-409-204, which is Nondepartmental Workers Comp Insurance
line item, and $6,745 from 10-409-205, which is the -- the
liability -- General Liability Insurance line item. We've
already paid those premiums for this year, and judging by
the -- by the quarterly payment that we made for Workers Comp,
we'll have a sizable excess in that account in here at the end
of the year.
COMMISSIONER LETZ: Move approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for approval
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of Budget Amendment Request Number 9. Any question or
discussion? All in favor, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
~I
(NO response.)
JUDGE TINLEY: The motion does carry. Do we have
any -- any other budget amendments?
MR. TOMLINSON: No budget amendments.
JUDGE TINLEY: Any late bills?
MR. TOMLINSON: Well, I don't know if the 12,000
needs to be addressed as a late bill or not.
JUDGE TINLEY: I think it's already authorized, if
I'm not mistaken.
MR. TOMLINSON: Yeah, I think you authorized it, but
I just wanted to make sure that that's what you did.
JUDGE TINLEY: Yeah. We got -- that figure is only
good through March 5, I believe, according to the --
MR. TOMLINSON: Okay.
COMMISSIONER BALDWIN: Where does -- Tommy, where do
those funds come from? What -- where do they come from?
SHERIFF HIERHOLZER: Commissioners Court budget.
MR. TOMLINSON: It's out of Nondepartmental.
COMMISSIONER BALDWIN: Nondepartmental.
MR. TOMLINSON: Out of -- I moved from it those two
line items I mentioned.
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COMMISSIONER BALDWIN: Just now?
MR. TOMLINSON: Yes.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: I've been presented with monthly
reports from the District Clerk, Justice of the Peace,
Precinct 3, Justice of the Peace, Precinct 1, and
Environmental Health. Do I hear a motion that those reports
be approved as presented?
COMMISSIONER OEHLER: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval, as indicated. Any question or comment? All in
favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Do I have
any reports from any members of the Court with regards to
their committee or liaison assignments?
COMMISSIONER BALDWIN: I do. I met with Chief
Holloway last week in regards to the fire and EMS contract,
and it looks as though -- he and I sat down over several hours
and tried to work through some things. And I think -- leaving
that meeting, I think what he's going to do is appear before
the City Council and recommend to them that the fire contract
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will increase a small amount. I couldn't get him to commit a
number to me. A small amount. And the ambulance service
would not -- let's see, how did that go? I got him basically
to agree to what we have been trying to get him to agree to;
to increase their fees, and -- by a certain amount that would
hold our contribution steady, and hopefully that they would do
the same thing next -- I could -- I could -- was sitting down
playing with the numbers. I could almost see where ours --
our contribution could possibly be reduced in a year or two.
JUDGE TINLEY: Did the amount of the increase -- was
it as much as we had previously passed a resolution for an
increase? I think we passed -- our resolution was for a
pretty sizable increase. I don't recall off the top of my
head now. Are we talking EMS?
COMMISSIONER BALDWIN: Oh, yeah. Yeah. Yeah.
JUDGE TINLEY: It was Kendall County rates, wasn't
I it?
COMMISSIONER BALDWIN: Yeah, it was Kendall County
rates. I don't recall, I'm sorry. I just -- we'll find that
out Monday.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: But he hadn't run it by the
City Council or anything at that time, of course, 'cause we
brainstormed through it, and I was fairly satisfied, actually.
JUDGE TINLEY: You had a good feeling after the
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meeting?
COMMISSIONER BALDWIN: Had a good feeling about it.
JUDGE TINLEY: Okay, good.
COMMISSIONER BALDWIN: And going back and looking
at -- when we talk about -- this is one thing we cannot
forget. When we talk about fire coverage for Kerrville South,
that's a very minor part of the coverage. I mean, it goes out
north, and there's an entire area out there that they cover
under that contract. So, you know, when we get in there and
do whatever we're going to do, let's remember that. There's
more to it than just this -- the term "Kerrville South."
COMMISSIONER LETZ: Mm-hmm.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER LETZ: Be good if we could -- I don't
know if that nomenclature exists on any documents, but if it
does, if we can get it out of that, because it is a -- it's a
big misnomer and confusion.
COMMISSIONER BALDWIN: We definitely have maps
I that --
COMMISSIONER LETZ: That are correct.
COMMISSIONER BALDWIN: -- that we can refer to, that
we can see. But I'm real excited about the ambulance issue.
COMMISSIONER LETZ: Is there any reason as to the
change in opinion?
(Commissioner Baldwin made a fist.)
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COMMISSIONER LETZ: Brute force?
JUDGE TINLEY: Is that all?
COMMISSIONER BALDWIN: Well, we only said it to them
for two years. Maybe it's started to kind of --
COMMISSIONER LETZ: Maybe they thought we're right?
COMMISSIONER BALDWIN: Maybe they started realizing
what we were saying. You know, I don't know what really
turned it on with it.
COMMISSIONER WILLIAMS: If it comes about like
you're suggesting it might, we need to give Commissioner
Nicholson a big gold star award.
COMMISSIONER BALDWIN: Yeah. We're almost there, I
~ think.
JUDGE TINLEY: Anything else?
COMMISSIONER BALDWIN: No.
JUDGE TINLEY: How about you? You got anything?
COMMISSIONER WILLIAMS: No, sir.
COMMISSIONER LETZ: Oh, I'm surprised Bill didn't
bring it up. The airport continues to be --
COMMISSIONER WILLIAMS: Oh.
COMMISSIONER LETZ: -- controversial. But the most
recent good news was that the board authorized to have a
retreat of board members only, without City staff, to
hopefully at least get the board on close to the same page.
And the other interesting news is, the preliminary word is
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that Dr. Davis will not ask to be reappointed, so there will
be a vacancy. And that process -- because the City of
Kerrville is still rather irritated at the County's way of
handling the last vacancy, that there's a process of how we're
trying to work out to how the new appointee will come about.
And, just basically, Bill and I will sit down with Gene and
Chuck Coleman and try to come up with a name, then bring it to
the entities, as opposed to each doing it unilaterally.
COMMISSIONER WILLIAMS: There is one more corollary
to that. We're going to do this business plan, Judge, that
we've talked about, and at the last meeting we talked about
adding some items to the scope of work. And they didn't
particularly like my verbiage, so we went back in terms of how
we structure this additional scope of work, and I met with the
mayor and we came to a compromise, and the language compromise
hopefully, in my mind, will be the same thing. But, that
said, I reminded the mayor and Guy, who was on board with this
point, that our -- our hope was to delay the start and
publication of that consulting plan -- is that the term? -- so
the other one can get underway. But the mayor doesn't like
that idea. That's news to you, too. So, I didn't pick a
fight with him then. Might fight with him later.
JUDGE TINLEY: Still got time to work that out.
COMMISSIONER LETZ: He's buying?
COMMISSIONER WILLIAMS: Are you buying?
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COMMISSIONER BALDWIN: No, absolutely not.
JUDGE TINLEY: Anything else? You got anything?
COMMISSIONER OEHLER: Oh, yeah. Let me see, where
do I start? I guess the library would be a good place to
start. I've been to two Library Board meetings now, and I
think the group is fairly close in what they deem the future
of the library is going to be. The old building is obsolete,
which we've known for a long time, and my recommendation has
been that we go forward however we need to go forward with --
with planning for a new building somewhere, in some other
location that's accessible, that can be paid for mostly with
grants and various things, and that, you know, there's just no
point in spending money in that old -- in that building to be
used for a library. You can't expand it. You're pretty well
out of space for the things that are deemed to be important
for library use nowadays. So, I made that pretty emphatic the
last couple of times, and I think they're making some headway
there. Of course, that's a City -- that would be a City
project mostly, but I think that it would be worthwhile when
it comes to the County funding portion of it, if it were in a
better facility that were more efficient. Electric bill there
last month was $4,000.
COMMISSIONER BALDWIN: You know, Bruce, one of the
biggest butt-chewings I've had here was by Fuzzy Swayze.
COMMISSIONER OEHLER: Yeah.
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COMMISSIONER BALDWIN: He was a City Councilman when
they built that library, and so his personality went into that
thing, and how dare us say words -- negative words towards
that library? I got to tell you, man, there comes a time --
and I know the Butts and the Holdsworths and all those
families contributed toward that, but there comes a time you
got to get past that.
COMMISSIONER OEHLER: That's right. You got to get
past it, because right now there are three buildings they're
having to staff, basically, which is totally inefficient. The
-- the access to that building is -- is horrendous.
COMMISSIONER BALDWIN: It's horrible.
COMMISSIONER OEHLER: I mean, it's down -- lower
level, and you can't even unload school kids off buses; you
have to stop on the city street, on Water Street to unload
children. That's ludicrous. I don't care how you slice it.
It's a wonderful old building. It could be used for some
other purpose, but not for a library.
COMMISSIONER WILLIAMS: It was obsolete and
inefficient the day they dedicated it.
COMMISSIONER OEHLER: Right.
COMMISSIONER BALDWIN: That's true.
COMMISSIONER OEHLER: But, anyway, that's the
direction of that one. Animal Control, Eva and I have been
meeting with Janie. We've met with her on two different
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occasions, and actually got some paint delivered out there the
other day to repaint all the kennels. Supposedly got some
other guy doing it, maybe over the weekend. If we don't,
she's waiting on community service to send her a couple of
painters. If that doesn't work, Bobby Johnson and the
trustees. We got, you know, about a threefold plan here,
trying to get it painted, make it look right. She got some
new office furniture this week from Juvenile Detention Center,
which Eva helped clean up all of that deal and get it put in
and all that, so it's going to look a little better.
Environmental Health, met with them a couple of times. I
don't know; we'll see. Right now we're not making a whole lot
of progress on some terminology and some direction, but I
think we're going to continue to work on it. That ought to be
enough for anybody.
COMMISSIONER BALDWIN: That's true.
COMMISSIONER LETZ: On the library, is the library
COMMISSIONER OEHLER: Dead.
COMMISSIONER WILLIAMS: Isn't that one of the topics
we're going to be talking about next week with the City?
COMMISSIONER LETZ: Is there -- has the Library
Board come up with any funding ideas?
COMMISSIONER OEHLER: No, not really. They -- they
have put down goals and expectations of what the library
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should do in the future, and using the building that is in
existence. But the Advisory Board and the head librarian
don't necessarily agree on several issues.
COMMISSIONER WILLIAMS: Oh, a new revelation.
COMMISSIONER OEHLER: Well, I'm not -- I'm not the
only member that feels that way. But I do think that, you
know, at some point in time, it's going to have to be
addressed a different way. I would say it's dead. It may not
be completely dead. I'm not sure that the public would vote
for it if you did put it out there, but you don't know till
you try, I guess. But that'll be something to discuss in our
joint meeting next week.
JUDGE TINLEY: That it?
COMMISSIONER OEHLER: Other than that, I'll quit.
JUDGE TINLEY: Quick update on the Treasurer's
office downstairs. I've been keeping pretty close contact
with Ms. Williams. She's spending a lot of time, putting in a
lot of effort. She said she doesn't have time to come to
these meetings; she'll stay there and work. She did want me
to report to the Court, however, that she appreciates the
cooperation that she's getting from everybody. This immediate
past week, she's had particular help from Mr. Trolinger, from
I.T., helping her with some -- some issues there, and she said
that was invaluable assistance. And she's not sure if she
would be where she is now without also having his assistance.
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Did she indicate in any way
at what point that she may want to hire somebody to help?
JUDGE TINLEY: My last discussion with her was that
she's still a ways away from that. She wants to feel like
she's got her feet on the ground firmly before she starts
moving forward in that direction. Earliest possibility may be
the middle of next month or sometime after that.
COMMISSIONER WILLIAMS: Judge? Commissioner Letz
made a reference to a point with respect to these issues,
about trying to identify, if at all possible, how many more
landmines we have out there with the I.R.S. Would it not be
possible for the Treasurer and the Auditor to go back and do
just an additional audit on when funds were disbursed to the
I.R.S. for each quarter, going back a couple years? That way,
we might get a little sense of where we have it on the line
right now that we don't know about.
JUDGE TINLEY: I think they probably already know
that. But what you're suggesting is, if they do have that
information available at hand, to just put together a quick
summary of it?
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COMMISSIONER WILLIAMS: They should have it
electronically, because it's an electronic transfer from one
account to another.
JUDGE TINLEY: I'll discuss that with her, see about
that. Anything else?
MR. EMERSON: One quick comment related to
Environmental health. I received a copy of the letter that I
guess several of y'all received, and I didn't see anything on
there that required action from me, so I dropped it in the
file and moved on. So, if I read that wrong, please correct
i me.
COMMISSIONER LETZ: Which letter? The letter
I from --
COMMISSIONER OEHLER: Letter from Miguel and
addressing the Coppertop Cafe question. I don't know where
that's headed. I think we need to determine whether Kerr
County has liability in that or not. You know, there's --
there's a lot of implications in that one because of -- I'll
just give you one example. Actually, what looks to me to be
the bottom line, the system was constructed based on some kind
of a plan that wound up being substandard. Miguel issued a
permit to build, but has never issued a license to operate,
and they've been in operation for two years, and they've never
been sanctioned for it. There's never been one thing done to
them, and Miguel's reason for that is because the designer
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from Comfort has never furnished him with a complete and final
drawing of what was built. It is a mess, guys. And I don't
know who's at fault totally here. I have suspicions, but I --
you know, how can Kerr County not issue a license to a
business that has applied for a permit, have the thing built,
and then been allowed to operate for two years without the
plans and -- being complete?
COMMISSIONER LETZ: Couldn't you sanction -- I mean,
couldn't you pass a court order that until it's done, that --
that -- wasn't it Seidensticker who did it?
COMMISSIONER OEHLER: I think it was Bob Hall.
COMMISSIONER LETZ: Oh, I didn't know he was
licensed. Any way to prevent that installer from doing work
in Kerr County until he gets his license? Can we do something
like that?
MR. EMERSON: I think that's only a piece of the
issue. And there's all kinds of rules in place on Health and
Safety Code on, you know, what you can do in that particular
situation. But we weren't aware of any of it until --
COMMISSIONER OEHLER: No.
MR. EMERSON: -- a couple weeks ago.
COMMISSIONER OEHLER: It's come to my attention,
and, I mean, I've read through most of the documentation that
one of my constituents has, and, you know, I just -- I don't
know what to do. I mean, I think we're going to have to at
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some point address the issue in some form or fashion. This
man basically now has property that has an unlicensed system.
It's commercial property. He can't rent the property, because
it has a system that's not -- that won't meet standards.
COMMISSIONER BALDWIN: But the good thing is that
the place is closed down.
JUDGE TINLEY: Right now.
COMMISSIONER OEHLER: It's closed down. There's
two -- still two apartments tied onto the system, which is
still an issue. Well, it is -- that's part of the issue too.
COMMISSIONER BALDWIN: So, the restaurant's closed
down, though?
COMMISSIONER OEHLER: Restaurant's closed down, but
it cannot be leased because he would be liable if he leased it
without a license to operate.
COMMISSIONER BALDWIN: Yeah. Well, it just simply
has to be brought up to standards.
COMMISSIONER OEHLER: Well, the thing is, it sort of
has. It hasn't been operated since. It still doesn't --
according to what I've seen from Austin, from T. --
COMMISSIONER BALDWIN: T.C.E.Q.
COMMISSIONER OEHLER: -- C.E.Q. or whatever it is,
that it still meets the standards, even after the upgrade was
done to it. And now there's two lawsuits involved. You've
got the installers suing the owner and the owner suing the
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installer, so it's got that twist in the thing, too.
COMMISSIONER BALDWIN: Well, the thing is, the place
should never have opened for business without the proper
authority.
COMMISSIONER OEHLER: Exactly. And it did, and it's
been allowed to operate by Kerr County for two years.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER OEHLER: And there have been lots of
complaints filed, because the system failed three weeks into
the process once the restaurant opened.
COMMISSIONER WILLIAMS: Wow.
COMMISSIONER BALDWIN: Rex has got problems.
COMMISSIONER OEHLER: Y'all tell me where we go from
I here.
COMMISSIONER BALDWIN: Rex has some problems to deal
with, doesn't he?
COMMISSIONER OEHLER: I think we need to figure out
what our exposure is on this thing, and go forward somehow or
another.
COMMISSIONER BALDWIN: Yeah, I agree with you.
JUDGE TINLEY: Anything else? We stand adjourned.
(Commissioners Court adjourned at 12:16 p.m.)
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STATE OF TEXAS
COUNTY OF KERR
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my
capacity as County Clerk of the Commissioners Court
of Kerr County, Texas, at the time and place
heretofore set forth.
DATED at Kerrville, Texas, this 1st day of
March, 2007.
JANNETT PIEPER, Kerr County Clerk
BY: ~__
Kathy B ik, Deputy County Clerk
Certified Shorthand Reporter
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ORDER NO.30153
REVISION OF PLAT FOR FALLING WATER LOTS 130, 130A & 127R
Came to be heard this the 26th day of February, 2007, with a motion made
by Commissioner Letz, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Set a Public Hearing for April 9, 2007 at 10:00 a.m. for the revision of Plat
for Falling Water, Lots 130, 130A & 127R, as recorded in Vol. 6, Page 393,
and Vol. 7, Page 29, and Vol. 7, Page 260, located in Precinct 3.
ORDER NO.30154
CONTRACTS WITH KERB COUNTY SOIL & WATER
CONSERVATION DISTRICT AND CASTLE LAKE VFD
Came to be heard this the 26th day of February, 2007, with a motion made
by Commissioner Letz, seconded by Commissioners Oehler. The Court
unanimously approved by vote of 4-0-0 to:
Approve the contracts with Kerr County Soil & Water Conservation District
and the Castle Lake Volunteer Fire Department, and authorize County Judge
to sign same.
ORDER NO. 30155
FILE CLAIM AGAINST BOND OF FORMER KERB COUNTY
TREASURER
Came to be heard this the 26th day of February, 2007, with a motion made
by Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Authorize the assertion of a claim on the bond of the former County
Treasurer for recovery of penalties or any payments paid, or to be paid, for
late payroll tax filings from March 31, 2006 and June 30, 2006, and
authorize payment by Kerr County of the $12,357.72 penalty, as imposed by
the I.R.S., of which we received notification for the period ending March 31,
2006.
ORDER NO. 30156
RESOLUTION IN SUPPORT OF FORMER TEXAS RANGERS
FOUNDATION HISTORY AND EDUCATION CENTER
Came to be heard this the 26th day of February, 2007, with a motion made
by Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Resolution in support of Former Texas Rangers Foundation
History and Education Center.
ORDER NO.30157
DECLARE OFFICE EQUIPMENT SURPLUS
Came to be heard this the 26th day of February, 2007, with a motion made
by Commissioner Williams, seconded by Commissioner Oehler. The Court
unanimously approved by vote of 4-0-0 to:
Declare those items identified as surplus, and donate to the Center Point
Area Historical Preservation Association:
One office desk
One desk chair
Three plastic side chairs
One unused computer with peripherals
ORDER NO. 30158
KERRVILLE CHILI & BBQ CLASSIC AND EASTER-FEST AT FLAT
ROCK LAKE PARK
Came to be heard this the 26th day of February, 2007, with a motion made
by Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Approve the request by the Chili Association to use Flat Rock Lake Park on
April 7, 2007 for the annual Kerrville Chili &BBQ Classic and Easter-fest.
ORDER NO. 30159
KERRVILLE SOUTH WASTEWATER PROJECT, PHASES II AND III
Came to be heard this the 26th day of February, 2007, with a motion made
by Commissioner Williams, seconded by Commissioner Baldwin. The
Court unanimously approved by vote of 4-0-0 to:
Set a Public Hearing for March 9, 2007 at 5:00 p.m. for Phases II and III of
Kerrville South Wastewater Project, Contracts #722411, 723095 and
724441; and 2002 Flood Disaster Relief Contract #718257, in the
Commissioners' Courtroom, such Public Hearing to be conducted by
Grantworks.
ORDER NO. 30160
2006 RACIAL PROFILING REPORT FROM PRECINCT 2 CONSTABLE
JOEL AYALA
Came to be heard this the 26th day of February, 2007, with a motion made
by Commissioner Williams, seconded by Commissioner Baldwin. The
Court unanimously approved by vote of 4-0-0 to:
Approve the 2006 Racial Profiling Report from Precinct 2 Constable Joel
Ayala.
ORDER NO. 30161
INSPECTION OF FLAT ROCK LAKE DAM AND INGRAM DAM
Came to be heard this the 26th day of February, 2007, with a motion made
by Commissioner Williams, seconded by Commissioner Oehler. The Court
unanimously approved by vote of 4-0-0 to:
Approve the revised Proposal on inspecting Flat Rock Lake Dam and
Ingram Dam, and that we have the Auditor prepare a Budget Amendment for
$24,600, with those funds being transferred from the Flood Control account
for this purpose.
ORDER NO. 30162
ASSIST COLLIN COUNTY IN RESISTANCE OF INDIGENT HEALTH
CARE PROGRAM LEGISLATION
Came to be heard this the 26th day of February, 2007, with a motion made
by Commissioner Baldwin, seconded by Commissioner Williams/Oehler.
The Court unanimously approved by vote of 4-0-0 to:
Join Collin County, and others similarly situated, to resist the negative
effects of indent health care program legislation.
ORDER NO. 30163
COPIER LEASE CONTRACT
Came to be heard this the 26th day of February, 2007, with a motion made
by Commissioner Letz, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve the recommendation of the County Attorney for a lease on a new
copier for his office.
ORDER NO. 30164
CLAIMS AND ACCOUNTS
Came to be heard this the 26th day of February, 2007, came to be considered
by the Court various Commissioners Precincts, which said Claims and
Accounts are:
Accounts Expense
10-General	$	152,449.95
15-Road & Bridge	$	107,783.22
18-County Law Library	$	3,505.55
31-Parks	$	11,745.63
50-Indigent Health Care	$	14,780.33
76-Juv Detention Facility	$	3,425.78
77-LEOSE Funds	$	595.00
TOTAL
$ 294,285.46
Upon motion made by Commissioner Williams, seconded by Commissioner
Letz, the Court unanimously approved by vote of 4-0-0 to pay the claims
and accounts.
ORDER NO. 30165
BUDGET AMENDMENT # 1
COUNTY AUDITOR
Came to be heard this the 26th day of February, 2007, with a motion made
by Commissioner Letz, seconded by Commissioner Baldwin/Williams, the
Court unanimously approved by vote of 4-0-0 to transfer the following
expense codes:
Expense Code Description
10-495-112
Overtime
Amendment
Increase/QDecrease
+ $1,077.00
10-495-103 Assistant's Salary - ($1,077.00)
ORDER NO.30166
BUDGET AMENDMENT #2
GENERAL FUND
CONSTABLE PCT. # 1
Came to be heard this the 26th day of February, 2007, with a motion made
by Commissioner Baldwin, seconded by Commissioner LetzJWilliams, the
Court unanimously approved by vote of 4-0-0 to transfer the following
expense codes:
Expense Code Description
10-370-300 Various Refunds
10-551-499 Miscellaneous
Amendment
Increase/()Decrease
+ $50.00
+ $50.00
TO RECOGNIZE FUNDS RECEIVED AS DONATION
TO BE USED BY CONSTABLE PCT # 1 IN CURRENT BUDGET
ORDER NO. 30167
BUDGET AMENDMENT #3
198TH DISTRICT COURT
Came to be heard this the 26th day of February, 2007, with a motion made
by Commissioner Letz, seconded by Commissioner Oehler, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Expense Code Description
10-436-497 Court Transcripts
Amendment
Increase/()Decrease
+ $1,259.77
10-436-402 Court Appointed Attorney - ($1,259.77)
ORDER NO. 30168
BUDGET AMENDMENT #4
NON-DEPARTMENTAL
Came to be heard this the 26th day of February, 2007, with a motion made
by Commissioner Letz, seconded by Commissioner Oehler, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense
codes:
Expense Code Description
10-409-571 Contingency
10-409-204 Workers Compensation
10-409-205 Insurance Liability
Amendment
Increase/QDecrease
+ $12,358.00
- ($5,613.00)
- ($6,745.00)
ORDER NO. 30169
MONTHLY REPORTS
Came to be heard this the 26th day of February, 2007, with a motion made
by Commissioner Oehler, seconded by Commissioner Baldwin, the Court
unanimously approved by vote of 4-0-0 the following monthly reports:
District Clerk
JP #3
Environmental Health