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KERR COUNTY COMMISSIONERS COURT
Regular Session
Monday, April 9, 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. 9


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I N D E X
April 9, 2007
PAGE
--- Visitors' Input 5
1.1 Consider/discuss, take appropriate action on
request of Clear River Advocates to hold
Guadalupe River Parade at Flat Rock Lake Park
on August 18, 2007 8
Review, discuss, take appropriate action on
resolution to be sent to AACOG to apply for grant
funding for Juvenile Probation Department 11
Consider/discuss, take appropriate action on
proposed contract with Freese and Nichols, Inc.
to perform assessments of Flat Rock Lake Dam and
Ingram Dam, authorize County Judge to sign same 16
1.4 Consider/discuss, take appropriate action to amend
Court Order #30082 regarding Joint Dispatch Study
Committee to include Rowan Zachary, Ingram City
Marshal 22
1.5 Consider/discuss, take appropriate action to
appoint Ron McCutcheon as Kerr County representative
on the AACOG Criminal Justice Advisory Committee,
and appoint Bill Hill as the alternate 22
1.6 Consider/discuss, take appropriate action on
acquiring additional right-of-way on Hermann Sons
Road from Guadalupe River to Highway 27 24
1.8 ConsiderJdiscuss, take appropriate action to accept
exchange of right-of-way for the end of Upper Turtle
Creek Road and open the new portion of road 27
1.9 Consider/discuss, take appropriate action to
authorize County Judge to approve public hearing
held on March 26, 2007, and issuance of financing
or bonds in an amount not to exceed $4,100,000, and
construction of student residence facilities project
as required by Internal Revenue Code 33
36, 51
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I N D E X (Continued)
April 9, 2007
PAGE
4.1 Pay Bi11s 41
4.2 Budget Amendments 42
4.3 Late Bills --
4.4 Approve and Accept Monthly Reports --
1.7 Public Hearing for Revision of Plat, Falling Water,
Lots 130, 130A & 127R 51
1.11 Consider, discuss and take appropriate action
regarding interim Environmental Health Management
(Executive Session) 60
5.2 Reports from Elected Officials/Department Heads 62
5.1 Reports from Commissioners/Liaison Committee
Assignments 80
--- Adjourned 103
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(Commissioner Letz not present.)
JUDGE TINLEY: Good morning, ladies and gentlemen.
April the 9th, 2007, at 9 a.m. It is that time now. If you
would, please rise and join me in a moment of prayer.
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you very much. Please be
seated. At this time, if there's any member of the public or
the audience that wishes to be heard on any item which is not
a listed	agenda	item,	we'	d ask	that you	feel free to	come
forward	at this	time	and	tell	us what's	on your mind.	We
cannot respond, but we can sure as the dickens listen. If you
want to be heard on a listed agenda item, we'd ask that you
fill out a participation form. They're located at the back of
the room, or at Least should be. If you've not filled one of
those out and we get to an agenda item that you want to be
heard on, get my attention in some manner, and I'll see that
you're recognized and have your opportunity to be heard. But
at this time, if there's any member of the public or the
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audience that wishes to be heard on any matter that is not a
listed agenda item, come forward at this time and tell us
what's on your mind. Mr. Goebel? Give your us your name and
address, please.
MR. GOEBEL: Yes, sir. Good morning, everybody, and
good morning, gentlemen. I'm Steve Goebel, by the way, and I
live at Midway Road in the Precinct 4 portion of Kerr County.
Number one, I want to thank y'all for everything you're doing.
Keep up the good work. Y'all are very patient. I thank you
for everything. In a nutshell, I'm here to discuss issues
concerning ESD 2 out in our corner of Kerr County. As some of
you may be aware, a few weeks ago, I sent out a little
questionnaire to residents and citizens of ESD 2, that list I
obtained from the Voter's Registration office downstairs in
this building. I asked the respondents to choose one of three
options because of continuing problems with ESD. Choice
number one for them was to fix the ESD, and to mandate the
election of ESD Commissioners. Choice number two was to just
i disband the ESD, and parenthetically, I would consider that
~ just an experiment that didn't work out. Choice number three
was to leave things as they are.
I'm only here today to report the results of my
~ survey. People who were content with the status-quo numbered
about 30-some-odd. People that were -- people that chose to
I, just disband the ESD numbered about 30-some-odd, virtually
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identical numbers. And people that wanted to fix the ESD
numbered over 100. So, in a nutshell, four out of five people
in ESD 2 were unhappy with status-quo. Three out of five want
to work to make something better. The overriding issue for
me, and for many others in our district, is the fact that the
ESD commissioners are appointed and not elected. Because they
are appointed, they do not answer to the citizens of ESD 2. I
would like to work with the County Commissioners, with the
County Attorney to see if there are better alternatives to
what exists right now. If need be, and finally, I would like
to request that this become an agenda item at some subsequent
meeting. So, gentlemen, thank you. Any questions, Judge?
JUDGE TINLEY: Thank you, sir. We appreciate you
coming here and being with us today, Mr. Goebel.
MR, GOEBEL: Okay.
JUDGE TINLEY: As always, we thank you for your work
out there. Is there anyone else that wishes to be heard on
any matter that is not a listed agenda item?
SHERIFF HIERHOLZER: Being as that this is an item
y'all can't respond on, this is probably the best time for me
to make you aware of something.
COMMISSIONER WILLIAMS: Uh-oh.
SHERIFF HIERHOLZER: In the last three weeks, thanks
one to high water, and one to an accident that could have been
serious, the Sheriff's Office has had two patrol cars totaled.
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And it's just something that, one, the water at Coronado and
27 got sucked into the engine, and insurance has already
miles on it. And then late Thursday night, over by the state
park, one of my sergeants was legally parked on the side of
the road on the shoulder -- off on the shoulder, and was
rear-ended by a couple teenagers, and that totaled that patrol
car. Officer was treated and released; he is back at work,
but I'm sure insurance is going to total that one, which is
leaving me a little short right now. But I will be coming
back. I have three vehicles that were seized vehicles that
gives us on those two patrol cars, to where what I will have
to be asking for in a future agenda is trying to replace at
least one so that I can keep a spare car in case we have some
break down. And I do have two that are having to have
transmissions replaced right now, just because of the age.
They both have over 150,000 miles on them, and we'll take care
of that in budget. But those other two, I'm going to have to
come back and visit a little bit, see if we can do something
before the end of the year. Thank you.
JUDGE TINLEY: Thank you, Sheriff. Anyone else have
anything to bring to our attention that relates to something
that is not a listed agenda item? Okay, let's move forward,
then, with our agenda. The first item is to consider,
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discuss, and take appropriate action on a request of Clear
River Advocates to hold the Guadalupe River Parade at Flat
Rock Lake Park on August 18th, 2007. Mr. Marvin Willis, come
forward, please, sir.
MR. WILLIS: Morning, sir. Morning, Commissioners.
JUDGE TINLEY: And if you'd give us your address,
~ please?
MR. WILLIS: I reside in Ingram at 160 Ingram Hills
Road. And it's simply just as stated; we'd like to move our
location for our parade. We've been doing it over behind
Chili's and Showers of Flowers across from Walmart. The
parking is inadequate over there. It's getting a little bit
dangerous, we believe, to have the crowd, you know, in and out
of that area. And we believe that the area over here would be
much more suitable for the parade and for families to be in
there, and their safety. Our purpose for the parade, I think
some of you know, is to raise money for cleaning the river.
And, of course, we'll be continuing to do that, and I think
we'll raise more money over in this location. We've pretty
much broke even on the parades the last four years; this is
our fifth year. We'd like to make a little money. So, that's
pretty much what we're asking for, just an opportunity to move
to Flat Rock Park.
COMMISSIONER WILLIAMS: Just a couple questions,
Judge. Marvin, how are you?
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MR. WILLIS: I'm good.
COMMISSIONER WILLIAMS: I've participated in your
parade before, and appreciate the good work you do.
MR. WILLIS: Yes, sir.
COMMISSIONER WILLIAMS: Just a couple questions with
respect to the use of Flat Rock Lake Park.
MR. WILLIS: Yes, sir.
COMMISSIONER WILLIAMS: There are some limitations
down there. I know that they would offer you some
improvements, particularly boat ramp and things of that
nature. There's only one location where there's power, and I
noted you're talking about a band, which requires, obviously,
some electricity and hookup for amplifiers and so forth.
You're aware of that?
MR. WILLIS: Yes, sir. Power --
COMMISSIONER WILLIAMS: You're aware of where the
location is for that?
MR. WILLIS: No, sir. I went over there looking for
it; I couldn't find the power, but we do have generators if it
is a problem. Last year we were going to have -- the City was
going to come out and put power sources for us, but they never
showed, so we ended up using generators, and we still have
those.
	COMMISSIONER WILLIAMS:	Okay. And the	only other
thing -	- the only question, while	I'm sure that	you're
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planning to cover it, I don't see it mentioned in your letter.
That would be the cleanup after the event.
MR. WILLIS: Absolutely. Goes without saying. All
the volunteers will make a sweep of the entire area by the end
of the parade, so...
COMMISSIONER WILLIAMS: Move approval of the agenda
item as presented, Judge.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: I have a motion and second for
approval of the agenda item. Any question or discussion?
COMMISSIONER BALDWIN: I have a point to make.
MR. WILLIS: Yes, sir?
COMMISSIONER BALDWIN: This issue of having
electricity for bands, have you ever heard of bluegrass music?
MR. WILLIS: Yes, sir.
COMMISSIONER BALDWIN: Do you know how many
bluegrassers it takes to screw in a light bulb? Three; one to
screw in the light bulb, and two to stand there and gripe
'cause there's electricity.
COMMISSIONER WILLIAMS: Oh. (Laughter.)
COMMISSIONER BALDWIN: You may want to consider
bluegrass.
JUDGE TINLEY: Thank you.
COMMISSIONER WILLIAMS: Well put.
JUDGE TINLEY: We appreciate your efforts, and
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you've been plugging on this thing for five years now, and it
keeps growing a little every year and getting a little bit
more attention. We appreciate your efforts --
MR. WILLIS: Thank you, sir.
JUDGE TINLEY: -- in respect to the river. Any
other questions or comments on the motion? All in favor of
the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Thank you,
Mr. Willis.
MR. WILLIS: Well, thank you very much.
COMMISSIONER WILLIAMS: Just have your floaters be
careful of the stumps out there.
MR. WILLIS: Oh, yeah. Y'all have a good morning.
JUDGE TINLEY: Thank you, sir. Let's move to Item
2; review, discuss, and take appropriate action on a
resolution to be sent to AACOG to apply for grant funding for
the Juvenile Probation Department. Mr. Davis?
MR. DAMS: Yes, Your Honor, Commissioners.
i Brie{ly, we have about $50,000 a year that comes from Title
IV-E money, which is federal grant money. That money is used
for drug and alcohol evaluations for our children,
assessments, drug and alcohol classes, parenting classes,
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psychological evaluations, and for our tutoring program, our
PAE program. Being that that is a federal grant, it is
obviously a nonstable source of funding. We fear losing that
funding. For that reason, I'm trying to do some preventive
maintenance for that program -- for these programs, and keep
them.
(Commissioner Letz entered the courtroom.)
MR. DAMS: And that being applying for money from
I AACOG, with the assistance of especially Rosa Lavender; she's
been kind of holding my land and leading me through this
process. And we're going to apply -- actually hope to work on
this this afternoon. We`ve got our numbers together to app]y
for the AACOG funds, and we would ask that the Court approve
the resolution, which is a required part of us applying for
these funds.
JUDGE TINLEY: The -- the proposal that you have
before us would not require any matching funds from Kerr
County; is that correct?
MR. DAMS: That is correct. This is -- there's no
matching funds. There's no obligation for the County to
obligate any current or future funding for these programs.
We -- the goal of my department is for these programs to find
funding through outside sources. Hopefully we can continue
the federal grant. If they can't continue, then the AACOG
money, in the event that -- just kind of -- in the event that
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we're able to retain the federal IV-E money that we have now,
we would use the -- if given, and that's a very big "if," but
if received, if we receive any funds from AACOG, that would
I pay for these programs, and then the IV-E money could go pay
for other department programs, such as our 9-H program that's
in development now, and then hopefully we can apply other
things towards department expenses, with the goal of
eventually reducing some county expense through state and
federal funding. But, no, there is no requirement for any --
if we lose funding for these programs, they go away, and so
that is why it's in our best interest for me to find funding
from outside sources.
COMMISSIONER BALDWIN; How many years have you --
have you gotten this grant?
MR. DAMS: Federal IV-E? Three to four,
Commissioner. I can't give you exact. It came before I was
here, and so -- but I believe three or four years.
COMMISSIONER BALDWIN: Did you say Title III or
I Title IV?
MR. DAMS: It's actually Title IV-E.
COMMISSIONER BALDWIN: Title IV-E.
MR. DAMS: Yes, sir. It's actually a foster care
program. It goes through Protective and Regulatory Services,
and goes from the federal level to P.R.S, to T.J.P.C., and
then down to us.
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COMMISSIONER BALDWIN: Yeah, real good system. It's
not totally substance abuse related?
MR. DAMS: Oh, no, sir. No, there's -- IV-E -- are
you talking about IV-E, or are you talking about our programs?
COMMISSIONER BALDWIN: What we're applying for
~ today.
MR. DAMS: No, sir. Substance abuse, psychological
evaluations, parenting classes, and tutoring programs. This
is where we've spent the bulk of our IV-E money in the past,
and we would like -- but it's for all of those areas.
COMMISSIONER BALDWIN: Mm-hmm. You mentioned
possibly having to take away from the -- your 4-H program. Is
that something new, the 4-H program? Is that something new
in --
MR. DAMS: That's correct, yes, sir. That program
is -- we actually hope to start classes in mid-May at the
advisement and recommendation of Juvenile Board, and
specifically Juvenile Board Judge Tinley, chairman. We have
developed a program -- or are developing a program with Roy
Walston with the Kerr County Extension with 4-H; specifically,
we have an employee that is a non-County-paid employee, so no
other drain on County assets. That's coming specifically out
of this IV-E fund program. We're also looking for our grant
funding for that position and for that program. We have a
curriculum we're developing now. In fact, we already have the
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first two phases of a 12-phase curriculum completed. In fact,
we may have three now; I haven't spoken with Carla yet this
week. And then that program, we hope to start classes in
mid-May, beginning of June at the absolute latest.
COMMISSIONER BALDWIN: Mm-hmm. I don't know of i
anything more beneficial than a 9-H program. i
MR. DAM S: Yes, sir.
COMMISSIONER WILLIAMS: Jason, the amount you're
applying for is 50,000?
MR. DAMS: It's actually 50,000 --
COMMISSIONER WILLIAMS: Or a designated amount?
MR. DAMS: Right now, Commissioner, we are at -- it
depends. I have to talk to Rosa. I have an exact -- we have
two figures right now. One is about 39,000; the other is
47,625. It depends on where we're going to fall. I realize
it's a huge difference, but the variable there is our
psychological evaluations. How many are we going to apply
for? What success are we going to have if we apply for 38 and
hope that we get something, or shoot for 97? And, again, I'm
kind of going by --
COMMISSIONER WILLIAMS: Shoot for 47 and see where
it takes you.
MR. DAMS: That's what we're trying, Commissioner,
yes, sir.
COMMISSIONER BALDWIN: Thank you.
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MR. DAMS: Thank you, Commissioners.
JUDGE TINLEY: Any other questions for Mr. Davis?
THE CLERK: There's no motion.
JUDGE TINLEY: We don't have a motion.
COMMISSIONER BALDWIN: I move that we approve the
I resolution.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: We have a motion and second for
approval of the agenda item and the resolution. Any further
question or comment? 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,
Mr. Davis.
MR. DAMS: Thank you, Judge. Thank you,
Commissioners.
JUDGE TINLEY: Let's move to Item 3; consider,
discuss, and take appropriate action on proposed contract with
Freese and Nichols, Incorporated, to perform assessment of
Flat Rock Lake Dam and Ingram Dam, and authorize County Judge
to sign same as applicable. I put this on the agenda when the
proposed agreement came in. I realize that we had approved in
principle the -- the assessment of these two dams; however,
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the County Attorney for his review and evaluation and
analysis. And I think he's got some questions or concerns,
based upon the number of post-it notes that were stuck on the
Do you want to weigh-in on
MR. EMERSON: Just several concerns, primarily about
the subcontractor that they're going to use. And the way the
contract's written specifically allows for three days of
testing by -- I think it's Olson Engineering or Testing. And,
you know, my concern is that we are -- are we relying on the
sun, the moon, and clouds, or do we have something in writing
from them? Have they evaluated the site? You know, where's
this number coming from? Because the penalty to the County if
they exceed that amount is pretty extensive, and will
definitely push us over the bid requirements, which although
it's not initially included, would cause a problem. The other
minor issues concerning indemnity to the extent allowed by the
law and so forth are easily taken care of, but that's
primarily	where most of	my questions	came	from.	
	COMMISSIONER	WILLIAMS: I	noted	that same	thing,
Judge, in the compensation, where if Olson Engineering
requires more than three field testing days, each additional
day costs 4,000. Well, we didn't authorize that 4,000, and
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each additional day after one would take us well over the bid
-- bid threshold, so maybe we need to get that clarified.
JUDGE TINLEY: Yeah, I would agree with you.
There's some -- other than a couple of minor technical legal
issues on the indemnity and so forth, I think that -- I don't
know what the Court's preference on that, how they want to
handle it, how you want to handle it. If it's approving it
subject to the County Attorney working that out, or passing it
for now and -- and getting some more information on how we're
going to nail down that subcontractor's performance, and
whether or not we have to come back and specifically amend the
contract, or --
COMMISSIONER WILLIAMS: I was going to suggest that
I -- that if the Court wishes, I'll get in touch with
Mr. Stefan Schuster, who put this together, and see if we can
talk that out so that there's not a contingent liability here
for us that would throw us over the bid threshold.
COMMISSIONER LETZ: Why don't you just delete the
sentence?
COMMISSIONER WILLIAMS: Well, that could -- that
could render the testing incomplete, you know. We don't want
the testing incomplete either.
COMMISSIONER LETZ: Well, but I think that puts it
on them that they're going to complete the testing for 24,6.
COMMISSIONER WILLIAMS: That's fine. That's what
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it'll be.
COMMISSIONER LETZ: I mean, that's -- I don't think
I there's any -- to me, my recollection is that this is a --
that is the amount. There was no "what-ifs" in their
presentation.
COMMISSIONER WILLIAMS: Well --
COMMISSIONER OEHLER: They agreed to do the testing
for that amount of money, period.
COMMISSIONER LETZ: Yeah. If not, we're going to
put it out for -- I mean, we can't do anything. We'1] put it
out to bid.
COMMISSIONER WILLIAMS: Do we just delete that, Rex?
Or do you need to work it out with him?
COMMISSIONER LETZ; I think --
MR. EMERSON: You can delete it and send it back
that way. They may or may not accept it.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER LETZ: I suspect they will.
MR. EMERSON: You certainly have the power to just
modify the contract and delete it.
COMMISSIONER LETZ: Doesn't make a difference to me
how you get there, but to me, that`s a solution.
COMMISSIONER WILLIAMS: Well, if that's the number,
that is the number.
JUDGE TINLEY: Well, of course, that provision of
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the contract specifically states total fee for basic services
shall be the lump sum of 24,6.
COMMISSIONER LETZ: Right.
JUDGE TINLEY: That's certainly what was
contemplated, but you do have that subcontractor thing hanging
out there. I don't know; whatever the Court's pleasure on
that, how they wish to proceed. Pass and bring it back with
some refinements? That may give the County Attorney an
opportunity to work up some of the technical legal issues
also.
I COMMISSIONER LETZ: Fine, do it that way.
i COMMISSIONER WILLIAMS: That's fine.
JUDGE TINLEY: Okay. Anything else to be offered in
connection with that agenda item?
COMMISSIONER LETZ: I mean, and if -- there's no
reason to bring it back to the Court, as long as they put the
contract to what we originally talked about. County Judge is
authorized to say --
COMMISSIONER WILLIAMS: Want to approve it
contingent on that?
COMMISSIONER LETZ: Didn't we already --
JUDGE TINLEY: We -- the contract was not presented
to us. We agreed in principle to the 24,6 for both dams, with
the subcontractor doing the -- the methodology that's
I
specified. But I felt like it was necessary, since we had a
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specific contract, to bring it back before the Court.
COMMISSIONER LETZ: Then work it out and bring it
back again.
COMMISSIONER OEHLER: I'm a little concerned that
they've bid so close to 25,000 just to keep from having to go
to -- go to public bid on this thing. That -- that's a little
concerning to me, that if they're going to bid that close,
that there's someone else out there that -- that does this
same thing that might do a better job. Or is that just -- we
just have a --
COMMISSIONER WILLIAMS: I don't know if there are
any other subs that do this particular nondestructive testing
like Olson Engineering does. That, I don't know. There are
others like Freese-Nichols who have dams as a specialty.
JUDGE TINLEY: We were furnished with a list, as I
recall, and most of them were considerably out of the area.
COMMISSIONER WILLIAMS: Mm-hmm.
JUDGE TINLEY: And would involve some additional
expense for travel.
COMMISSIONER OEHLER: As long as they follow the --
what our wishes are.
COMMISSIONER WILLIAMS: As long as they don't go
over 25, we're within the framework of the law.
COMMISSIONER OEHLER: I agree. It's just -- it's
I close.
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COMMISSIONER WILLIAMS: Do you want to approve it
contingent?
COMMISSIONER LETZ: I think bring it back.
COMMISSIONER WILLIAMS: Let's bring it back.
JUDGE TINLEY: Okay. Anything else on that one?
Let's move on to Item 4; consider, discuss, and take
appropriate action to amend Court Order Number 30082 regarding
the Joint Dispatch Study Committee to include Rowan Zachary,
Ingram City Marshal. Commissioner Baldwin?
COMMISSIONER BALDWIN: Yes, sir. Well, it's very
simple and straight to the point. It's my understanding that
the proper way to do this is to amend that court order and
include Mr. Zachary's name in it, and then we send it to the
City of Kerrville for their approval. Don't really understand
why we'd want to send it over there, but that's fine; no big
deal. But I move that we -- that we approve the agenda item.
COMMISSIONER LETZ: 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: That motion does carry. We'll move
to Item 5; consider, discuss, take appropriate action to
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appoint Rob McCutcheon as the Kerr County representative on
AACOG Criminal Justice Advisory Committee and appoint Bill
Hill as the alternate. We had a prior representative that
resigned some time back, and we're trying to get those
appointments filled, so I put this matter on the agenda. Rob
McCutcheon had been the alternate.
COMMISSIONER WILLIAMS: Right.
JUDGE TINLEY: And since our primary rep has not
been serving, Mr. McCutcheon has been kind enough to attend
those meetings and to serve in that capacity, and so the
logical thing that seemed to be appropriate was to appoint him
as the representative, and then fill his alternate slot then
with -- with Bill Hill, who's with the -- in charge of the
crime task force, as it were, with the Sheriff's Office. He
may have a different title out there, but that's the function
that he fulfills, so --
COMMISSIONER LETZ: Move approval.
COMMISSIONER BALDWIN: 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: The motion does carry. Let's move to
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Item 6; consider, discuss, and take appropriate action on
acquiring additional right-of-way on Hermann Sons Road from
the Guadalupe River to Highway 27. Commissioner Letz?
COMMISSIONER LETZ: Yes. I apologize, I don't have
any backup on this. I intended to have something to hand out,
but things just didn't go right this weekend. Two issues
here. One is -- the primary issue, Hermann Sons Road doesn't
hit Highway 27 at a 90-degree angle; it hits at a pretty good
angle pointed towards Comfort, and there has been one fatal
accident there because of that. I won't say because of that;
someone pulled out and got broadsided. It's a very hard angle
to look back. A lot of people out there are elderly,
obviously, and a lot of times, you know, their necks are
stiffer. (Laughter.) Anyway, it's a dangerous situation.
COMMISSIONER WILLIAMS: Your neck will get stiff too
someday.
COMMISSIONER BALDWIN: I understand what you're
COMMISSIONER LETZ: My neck's stiff already. But --
but Len and Mike Coward and I met out there a week or so ago,
and TexDOT is willing to probably pay for the majority of the
cost of the re -- of the dirt work, moving a portion of it. I
met with the property owner, and he's willing to work with us
on the right-of-way portion of it to basically shift the
intersection about 50 feet to the west. This -- the second
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part of this is, when we did the new bridge construction
there, we had hoped at the same time to widen the right-of-way
all the way from Highway 27 to the bridge. At the bridge, it
goes to 60 feet, but from the bridge to Highway 27, it's
30 feet. Very, very narrow. However, because of the problems
we were having with Mr. Tijerina at that time, we finally -- I
finally decided we just need to get the bridge done, and worry
about the right-of-way later.
I've also talked to two of the three property owners
that may be involved in that. One is Mr. Roerig, who owns the
entire west side of Hermann Sons, and we'll be dealing with
him on this other issue. Also Mr. Avalos, who owns almost all
of the other side of the road. A little corner up there is
owned by King -- Roger King Estate. Mr. Avalos and Mr. Roerig
are willing to work with us on the long right-of-way portion.
I don't think that it's going to be a donation. We're talking
about -- to get it to 60 feet, which Len and I feel we need to
do that, it's a 2-acre acquisition. There's no money budgeted
right now. The agenda item is basically to authorize the
County Engineer -- or County Surveyor, excuse me -- County
Surveyor to go out there, survey it, get with Len, figure out
exactly what the safest alignment is, if it's better to get
Mr. Roerig's property on the west or Mr. Avalos and the King
property on the east which works best, and come up with a
plan. And this will be something -- depending on what the
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Len, do you have in your budget somewhere around
$1,000, or -- assuming that might be the cost out there to get
surveying done. So, I mean, I think it could be done in his
when we're doing the surveying. There are three very large
trees in the Roerig property that are -- people don't like
losing big, big oak trees, and these are -- they're big, big
oak trees. And not live oak -- actually, one's a live oak and
two are post -- two are post oaks, and they're right on the
property. That's why it may be better to go over onto the
Avalos property, but that will all be looked at. I think it
really needs to be about safety more than anything else. This
is to get approval to authorize the County Surveyor to go out
there and do the preliminary work as to what needs to be
acquired and how much acreage we're talking about and what the
exact alignment should be. I'll make a motion for that
authority.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Any further question or discussion on that motion?
All in favor of the motion, signify by raising your right
hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Let's move to
Item 8; consider, discuss, and take appropriate action to
accept exchange of right-of-way for the end of Upper Turtle
Creek Road and open a new portion of that road, apparently
located in Precincts 1 and 4. Mr. Odom? This is a matter
that we've looked at before, isn't it?
MR. ODOM: Yes, sir, we had this before, and it was
a legal question at that point, as well as the metes and
bounds. We've just received the metes and bounds for this
realignment. The landowner at the end of Upper Turtle Creek
asked to move the roadway away from his house. He constructed
a new road, paid for the survey and field notes, and will
dedicate the right-of-way to Kerr County. Kerr County deeds
the old road back to him. At this time, we ask the Court to
accept the documents as presented and have the County Attorney
do whatever's necessary to complete the transaction. I hate
to put that on Rex that way. I just -- I'm not that familiar
with the -- all that needs to be done, but I would assume --
last time we were trying to have another -- his attorney to do
some of this, and that was the holdup that we had before, but
as well as the metes and bounds were not done at the time.
So, I'd ask the Court to authorize -- accept this road so that
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I can open it, and to have the County Attorney draw up any
legal documents that we need to do to quitclaim that back to
the property owner.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any question or discussion? Mr. County Attorney,
have we gone through any requirements that may be necessary in
order to hold public hearings or abandon roadways, or
petitions or any of that falderal that's necessary when we get
to dealing with roads that are previously dedicated public
roads? Have we accomplished all of that?
MR. EMERSON: The response to that would be, I don't
remember, Judge. This issue's been going on for probably a
year and a half.
COMMISSIONER BALDWIN: Longer than that.
MR. EMERSON: I do not remember if all those hoops
were jumped through a long time ago or not. I do know what
Len was saying is correct, that at one point we were waiting
an extensive amount of time for his attorney to prepare a
document, and everything just kind of stalled.
JUDGE TINLEY: One of two --
MR. EMERSON: And so I don't remember.
JUDGE TINLEY: I've got a very faint recollection
that there was -- there was one of two processes that might
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possibly be followed, one of which was a petition, another of
which would have avoided a petition. And then there was some
postings involved, and I just don't remember where all that
came down.
MR. EMERSON: Be more than happy to go back and
look, but I don't remember. I'm sorry.
JUDGE TINLEY: Any -- any other question or
comments?
COMMISSIONER BALDWIN: Well, those are good
questions. I'm wondering -- you know, the question I'm
hearing you -- or the question I'm hearing is that, is there
public hearings on closing a public road?
JUDGE TINLEY: Closing, abandoning, whatever.
Discontinuing, yeah.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: We're really not --
COMMISSIONER BALDWIN: There's another word that's
I in there.
MR. ODOM: Yeah.
COMMISSIONER BALDWIN: Seems like that every time
that we've ever done that, we have had a public hearing.
JUDGE TINLEY: We may have had one, Commissioner.
And -- and there was -- and this is from faint recollection.
I think it was suggested that there were two different methods
to do this, one of which would have been the traditional
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petition, the posting and public hearing and all the other,
and another was an alternative method. And, frankly, I don't
recall where we came down on that thing, and I -- you know,
I'm not trying to create an obstacle. I just want to make
sure that --
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: -- if we're going to finalize this
thing, we've done everything we need to do up to that point so
that we can finalize it, and somebody's not pointing at
something that did or didn't take place previous to the
finalized --
COMMISSIONER BALDWIN: Yeah, I agree with you 100
percent.
COMMISSIONER OEHLER: It appears to me that from
past experience on this, too, you're not really -- all you're
doing is rerouting the county road, is all you're really
doing, so you're not taking away anything from the public's
right to travel on the road. All you're really doing is just
making a separate -- separate roadway and abandoning one and
creating another one that allows the same access to all the
properties. I don't --
COMMISSIONER WILLIAMS: It's not really abandoning a
road.
COMMISSIONER OEHLER: It's not really abandoning a
road. Abandonment --
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COMMISSIONER WILLIAMS: You're abandoning the
right-of-way in favor of the person who gave you --
COMMISSIONER LETZ: Quitclaiming the right-of-way.
MR. ODOM: Quitclaiming.
COMMISSIONER OEHLER: So I don't see there's any
problem with doing that. I think the public hearing ought to
only come in when you're -- actually when you've been
petitioned and --
JUDGE TINLEY: To close a road.
COMMISSIONER OEHLER: To close a road and
discontinue county maintenance.
MR. ODOM: Yeah.
MR. EMERSON: To the best of my memory, the only
impediment that we had was waiting on the landowner to deed
the property where the road -- the new road was constructed.
We had the road and it was built, but the property -- or the
easement had not been deeded, and I think that's where we were
stalled out. 'Cause the road's actually been constructed for
some period of time, but there was a problem with the transfer
on the property.
JUDGE TINLEY: Well, obviously, we wouldn't want to
deed back the old road to the property owner until we,
concurrently with that, had -- had the new dedication, the
right-of-way deed.
MR. EMERSON: Yes, sir.
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JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: Well, I'm wondering if we
should approve this contingent on the County Attorney just
researching that, particularly about public hearings. That's
what bothers me more than anything. But I think Bruce is --
that all sounds correct. It's just almost too simple.
COMMISSIONER OEHLER: Yeah.
COMMISSIONER BALDWIN: Makes too much sense.
COMMISSIONER OEHLER: I understand, Commissioner.
THE CLERK: There's a motion and a second.
JUDGE TINLEY: I need a motion?
THE CLERK: Buster made the motion.
JUDGE TINLEY: Do you want to make your motion
contingent on the County Attorney verifying that, then?
COMMISSIONER BALDWIN: Verifying at least the
public --
COMMISSIONER WILLIAMS: No need for a public
hearing?
COMMISSIONER BALDWIN: Yeah, the no need for a
public hearing issue.
COMMISSIONER LETZ: Or we did one and just don't
remember that we did it.
COMMISSIONER BALDWIN: Yeah. We may have, 'cause
it's been going on a little longer than a year.
JUDGE TINLEY: Okay.
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COMMISSIONER WILLIAMS: Did you amend it?
COMMISSIONER BALDWIN: I did.
COMMISSIONER WILLIAMS: I'll accept that in the
second.
JUDGE TINLEY: All right. Any other questions or
comments? All in favor of the motion, signify by raising your
right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Let's move to
Item 9; consider, discuss, take appropriate action to
authorize County Judge to approve the public hearing held on
March 26, 2007, and the issuance of financing or bonds in an
amount not to exceed $4,100,000 and the construction of
student residence facilities project as required by Section
149 (f) of the Internal Revenue Code. I put this on the agenda
at the request of Mr. Fred Gamble at Schreiner University in
connection with their program that's underway to create a new
residence hall out there. And in order for them to get in
position to get favorable funding -- I assume it has to do
with tax increment bonds and things of that nature. There's a
requirement under the Internal Revenue Code that -- actually,
I think it's that the -- the approval of the highest elected
official of Kerr County. And I didn't feel comfortable
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without bringing that to the Court to at least get the Court's
awareness of it and approval of it. It's a technical
requirement, a hoop to jump through in order to -- to assist
them in obtaining these funds at a better rate. The -- the
resolution, specifically the approval, is solely for the
purpose of -- of complying with that section of the code, and
neither the County nor the County Judge shall have any
responsibility or liability for the financing of the project.
That's the express language of the -- of the resolution.
COMMISSIONER WILLIAMS: Are these H.U.D. bonds?
JUDGE TINLEY: Pardon?
COMMISSIONER WILLIAMS: H.U.D., Housing and Urban
Development.
JUDGE TINLEY: I'm not -- I'm, frankly, not sure.
There's a -- there's a higher education finance corporation
that they're dealing through. I assume there is some sort of
government underwriting or -- or guarantee in some manner that
allows them to obtain a more attractive interest rate in
connection with -- with this financing of bonds that they're
going to be issuing.
COMMISSIONER WILLIAMS: Move approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: We have a motion and a second for
approval of the agenda item. Any question or discussion?
COMMISSIONER BALDWIN: I got a question. It says in
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there that it has to go before the highest elected official in
the county?
JUDGE TINLEY: That's what it says here.
COMMISSIONER BALDWIN: Are you telling me that you
don't think that you're a higher elected official than us?
JUDGE TINLEY: Well, what I'm telling you is I
brought that matter to the Court 'cause the Court needs to
know what I'm doing, if I'm -- if I'm going to do it, and I
want you to be aware of it and I want you to approve it. I
didn't feel comfortable just signing my name on the line.
COMMISSIONER BALDWIN: So you --
JUDGE TINLEY: Even though, apparently, he did.
COMMISSIONER BALDWIN: What I'm hearing you say is
that you're kind of equal to us deal.
JUDGE TINLEY: I'm one of five.
COMMISSIONER BALDWIN: Okay, I'll third that motion.
JUDGE TINLEY: Any other question or comment? All
in favor, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
COMMISSIONER BALDWIN: Got to watch these judges,
especially when they're attorneys.
COMMISSIONER WILLIAMS: Lawyers. Yeah, got to watch
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JUDGE TINLEY: Let's move to Item 10, if we might.
Consider, discuss, and take appropriate action on procedure
change regarding final inspection paperwork on O.S.S.F.
systems. Commissioner Oehler?
COMMISSIONER OEHLER: Well, I put this on the
for this in written form of what we were proposing, and it
somehow didn't get put in the packet.
COMMISSIONER LETZ: Is this related to the executive
session item?
COMMISSIONER OEHLER: This is related to the problem
their	-- their permit	to operate	the septic	system after all
of it	was completed.	Either the	-- either	the designers
and/or the installers were not bringing the as-built drawings
in. The consequence of that was a whole shelf full of people
who had not received their permit to operate because of that
being undone. And so now we're changing that policy, which is
not -- which was pretty much the same for a while. Miguel, I
think, modified it. But change it back, basically, to if they
don't -- if those drawings are not presented at the time of
the final inspection, they will not get that inspection done
until they do get that paperwork so that the job could be
finished, the file be closed, and the people get their permits
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to operate.
COMMISSIONER WILLIAMS: What was -- what was
happening down there before?
COMMISSIONER OEHLER: What was happening was that
Miguel was not demanding that these final as-built drawings be
turned in, and consequently, we wound up with a whole -- how
wide? -- about that wide of a shelf full of open files, that
those -- that documentation had not been furnished.
COMMISSIONER WILLIAMS: But did he go ahead and do
the inspection, even --
COMMISSIONER OEHLER: He did the inspection. The
job was complete. People were operating the septic systems
without a permit.
COMMISSIONER LETZ: Yeah, or license.
COMMISSIONER OEHLER: Yeah. It's actually a permit.
Used to be license, but same thing.
COMMISSIONER LETZ: Right.
COMMISSIONER OEHLER: They didn't know it. They
paid for the service, and the job had been done, but they
never received their permit or license to operate.
COMMISSIONER LETZ: Can we --
COMMISSIONER OEHLER: Because the final drawings
weren't presented.
COMMISSIONER LETZ: Do we have any leverage against
the designers-slash-installers to get this backlog work -- you
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know, can we do anything to them?
COMMISSIONER OEHLER: It's already been worked
through. We only have about three, I think, outstanding since
we threatened to send letters. Three or four cases, and I
think one of those has left town, and one's in jail or
something. So, you know, it has actually handled itself by
just --
COMMISSIONER LETZ: Okay.
COMMISSIONER OEHLER: -- the fact that -- that we
were going to have the County Attorney and Environmental
Health send those letters. The other -- the other part of
this policy that is going to be -- if we -- if we agree to it,
is that, for some reason, if they slip by and they don't get
it in on the system, and we find they got to final inspection,
but, "Yeah, we'll give it to you Monday," or something like
that. Well, they don't do it, and they, say, have two weeks
to get it done, and no more than 30 days. But the catch is,
they will not get a permit to construct any system that's
upcoming until they bring the one from the last one.
COMMISSIONER LETZ: Right. That's what I was
getting at. And that's -- can we do that?
COMMISSIONER OEHLER: They're not going to get away
with this any more.
COMMISSIONER BALDWIN: We can do that?
COMMISSIONER OEHLER: Yeah, we can do that. We make
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the policy for Environmental Health, and they're policies and
procedures. It's not really modifying the -- I mean, this is
office policy.
COMMISSIONER WILLIAMS: It's not changing the rules
I at all.
COMMISSIONER OEHLER: No, not changing the rules.
Just making it to where, when people are paid to do a job,
they finish the job.
COMMISSIONER WILLIAMS: They're procedural --
procedural changes.
COMMISSIONER OEHLER: It's procedural changes. And
Tish wrote the -- the new procedure, so between Tish and Eva,
it was done, and it's in formal form. I can't believe it's
not in here, 'cause I saw it on Wednesday, but that's what it
says. If you'd like for me to go get it, I can go get it and
let you read it before --
JUDGE TINLEY: Why don't we do this; we'll go ahead
and -- and work through some other things, and then at the
break -- and come back after the break, maybe, and we can take
some final action.
COMMISSIONER OEHLER: I'll get the copies of that,
because I do have them. I thought they'd be in the packet.
JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: That's fine.
JUDGE TINLEY: Is that acceptable to everybody?
4-9-07
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COMMISSIONER OEHLER: Sure, it is to me.
JUDGE TINLEY: Okay. I think probably at this
point, let's go ahead and deal with our bills and budget
amendments. We've got a public hearing to do at 10:00, and
we've got an executive session item, it looks like, is mainly
what we've got left.
COMMISSIONER LETZ: Judge?
JUDGE TINLEY: Yeah.
COMMISSIONER LETZ: I apologize for being late this
morning. Can I ask you just -- not to change, but to go back
to whatever the first item was?
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: I have a comment, 'cause I
received information on that that I was given from U.G.R.A.
JUDGE TINLEY: Clear River Advocates?
COMMISSIONER LETZ: Right.
JUDGE TINLEY: Yeah, okay.
COMMISSIONER LETZ: I received an e-mail from Ray
Buck at U.G.R.A., and they're also doing their Boy Scout joint
cleanup that same day, and they had a -- a concern about that.
The Clear River one is a -- you know, I guess family-oriented,
as is the Boy Scout one. Since they're going to be doing --
both are being done at the same time, and there was some
issue -- or concern, I guess, that -- you know, that they were
compatible type events. Not that they felt that they -- I
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mean, they didn't have any reason -- and I have the e-mail
here to pass around. It says that I have banners already
reserved for that day for the Boy -- the joint U.G.R.A. Boy
Scout --
COMMISSIONER WILLIAMS: He was in the audience.
COMMISSIONER LETZ: Ray was?
COMMISSIONER WILLIAMS: I talked to him before, and
he's okay with it.
COMMISSIONER LETZ: Okay. His concern was just that
they were compatible from --
COMMISSIONER WILLIAMS: He's okay with it.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Plenty of river to clean up, I would
think.
COMMISSIONER LETZ: I don't -- oh, yeah, it wasn't
an issue. It was more the compatibility of events, rather
than lack of work to do.
JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: Ought to work together; they'd
get a lot more done.
JUDGE TINLEY: Okay. Let's -- let's get to the
Auditor's issues, Section IV of the agenda, if we might.
Payment of the bills.
COMMISSIONER BALDWIN: Judge, I move we pay our
bills.
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COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: I have a motion and second to pay the
bills. Any questions or comments? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
I' JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll move
to budget amendments. Amendment Number 1, request from Road
and Bridge. Mr. Auditor?
MR. TOMLINSON: Number 1 is for Road and Bridge, and
this is -- this amendment is to increase the budget by the
amount of some O.R.C.A. funds, $15,360.43. And we've added
that to the Paving line item for Road and Bridge.
COMMISSIONER WILLIAMS: The lion's share of this
money was for recovery of -- of our expense in rehabilitating
somewhat the Loyal Valley and Frederick and so forth, and we
got those moneys back from O.R.C.A.; is that correct?
MR. TOMLINSON: That's correct.
COMMISSIONER WILLIAMS: All right.
JUDGE TINLEY: And that was -- most of that was
paving work that was accomplished.
COMMISSIONER WILLIAMS: Yes.
JUDGE TINLEY: Where the ditches were dug, and -- I
MR. TOMLINSON: That's why we're adding it back to
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that line item.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded. 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. Budget
Amendment Request Number 2.
MR. TOMLINSON: Number 2 is for the County Judge to
transfer $90.69 from Conferences, Dues, and Subscriptions to
Out-of-County Mileage.
COMMISSIONER BALDWIN: So moved.
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: That motion does carry. Budget
Amendment Request 3.
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MR. TOMLINSON: Three is for the 198th District
Court. We need to transfer funds from Court-Appointed
Services, $3,444.08, $3,015.67 to Civil Court-Appointed
Attorney line item and $428.91 to Court Transcripts.
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded. Any
question or discussion?
COMMISSIONER BALDWIN: What --
MR. TOMLINSON: This is a C.P.S. case.
COMMISSIONER BALDWIN: Who normally does the
transcripts for that? C.P.S.?
MR. TOMLINSON: Well, this is -- the court reporting
is -- is -- I believe is a different -- yeah, this is a
different issue. This is for another case. The -- the item
for the civil Court-appointed attorney line item is for a
C.P.S. case, and the transcripts are for a different case.
COMMISSIONER BALDWIN: Who normally does
transcripts? The court reporter?
MR. TOMLINSON: Yes.
COMMISSIONER BALDWIN: 198th?
MR. TOMLINSON: Yes.
COMMISSIONER BALDWIN: And so we pay them a fat
salary, and then we turn around and pay for them to
transcribe. We pay them twice for the same work.
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JUDGE TINLEY: Same song, second verse.
COMMISSIONER LETZ: The Legislature may take that up
this session. Or may not.
COMMISSIONER WILLIAMS: There's a bill in the
Legislature. Not that --
JUDGE TINLEY: The court reporters' lobby is highly
visible over there also.
COMMISSIONER WILLIAMS: Hard at work.
JUDGE TINLEY: Any other questions or comments? All
in favor, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: By way of information, our reporter
for this court, you will note, stays within her bracketed
salary and provides this Court with all sorts of transcripts,
and we don't get a bill for those.
COMMISSIONER BALDWIN: That is true.
COMMISSIONER WILLIAMS: We've noticed that, and we
thank you.
COMMISSIONER BALDWIN: And I haven't heard of her
running to Austin to oppose any kind of bills, either.
JUDGE TINLEY: Tells me she doesn't have time to go
to Austin; she's cranking out these transcripts. Budget
Amendment Request 4?
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MR. TOMLINSON: Four is for the Jury Fund, to
transfer $446 from Juror Fees to Court Interpreters.
COMMISSIONER LETZ: So moved.
COMMISSIONER OEHLER: 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: That motion does carry. Let's move
to Budget Amendment Request Number 5.
MR. TOMLINSON: Number 5 is for the Juvenile
Detention Facility, transfer of $3,550 from Professional
Services to Copier Lease. This amendment is to cover
expenditures for the remainder of the budget year.
COMMISSIONER LETZ: We didn't have a copier lease?
MR. TOMLINSON: I don't know what happened.
Apparently not.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any -- any question or discussion? Apparently, it
was not something that was included in your -- in the original
budget?
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MR. TOMLINSON: No, it wasn't.
JUDGE TINLEY: Okay. They didn't have a copier, and
they had a need to acquire one during the course of the budget
year.
COMMISSIONER WILLIAMS: I think that's what
happened.
JUDGE TINLEY: Any other questions or comments? All
in favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Let's move to
Budget Amendment Request Number 6.
MR. TOMLINSON: Six is for the Tax
Assessor/Collector, to transfer $3,142 from Capital Outlay to
Software Maintenance.
COMMISSIONER BALDWIN: It appears that the backup
letter says that the federal -- federal folks have mandated
a -- something to do with H.A.V.A., to Help America Vote.
MR. TOMLINSON: That's correct.
COMMISSIONER BALDWIN: And so we're -- we're paying
for it.
COMMISSIONER WILLIAMS: What I'm curious about is
that last sentence in Ms. Bolin's backup statement regarding
need for this. Due to the fact that they -- that the software
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company only has six clients, they have substantially
increased their maintenance for next year, at which time they
plan on discontinuing the voter package. Then what?
MR. TOMLINSON: I think that there -- that we have a
choice of one; a choice of going to -- I think it's a state --
some software package maintained by the -- I think it's by the
Secretary of State's office.
JUDGE TINLEY: That's the so-called TEAM --
MR. TOMLINSON: Yes.
JUDGE TINLEY: -- package?
MR. TOMLINSON: That's the reason they only have six
clients right now, is because most counties have already gone
to that software.
JUDGE TINLEY: To the TEAM?
MR. TOMLINSON: Yes.
COMMISSIONER LETZ: Why don't we go to the TEAM?
JUDGE TINLEY: Good question, Commissioner.
COMMISSIONER WILLIAMS: That's what I was getting
ready to ask as well. Why not go there now?
COMMISSIONER LETZ: I know it doesn't function, but
I'm not -- better not say anything. If it doesn't function,
it's the State's -- I mean, the State should fix it. If it's
mandated by the feds, let them pay for it. I don't even know
what the purpose of this is.
JUDGE TINLEY: Why should we not be in as bad of
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shape as the rest of the state? Is that what you're telling
me?
COMMISSIONER LETZ: Basically, yeah.
COMMISSIONER WILLIAMS: Two bad options; being in
bad shape, or spending $3,300.
COMMISSIONER LETZ: Not sure why -- the purpose of
this as to how it's going to benefit the taxpayers of Kerr
County.
JUDGE TINLEY: I think you may have zeroed in on the
issue there, Commissioner. We're going to spend over three
grand of our taxpayers' money to solve a problem that the
State hasn't solved for the rest of the state. But who --
everybody else is willing to stay in the soup with them, I
guess.
COMMISSIONER BALDWIN: 239 counties?
COMMISSIONER WILLIAMS: Can we have Ms. Bolin take a
second look at this, maybe?
MR. TOMLINSON: Sure.
JUDGE TINLEY: Maybe -- maybe we could, after the
break, come back and take another look at that.
MR. TOMLINSON: Well, I don't know -- let me look at
this bill. Actually, this -- this is in advance. This
payment is for software for 4-1-07 through 3-31-08, so it's
not for services rendered. It's for --
COMMISSIONER WILLIAMS: Okay. So, services
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anticipated.
MR. TOMLINSON: It's for a contract, yes.
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: I think there's less incentive on
behalf of the State if counties go out and start buying
something that gets them off the hook.
MR. TOMLINSON: I think so.
JUDGE TINLEY: Are we going to sit tight on that one
for a little bit, gentlemen?
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER WILLIAMS: Mm-hmm.
JUDGE TINLEY: Okay.
(Discussion off the record.)
JUDGE TINLEY: Okay. Any other budget amendments,
Mr. Auditor?
MR. TOMLINSON: No, that's it.
JUDGE TINLEY: Do we have any late bills?
MR. TOMLINSON: No.
JUDGE TINLEY: Any monthly reports? We don't have
any of those, okay. Why don't we go ahead and take about a
15-, 20-minute recess; we'll come back and pick up that public
hearing and then finish up the rest of the agenda. We'll be
in recess.
(Recess taken from 9:56 a.m. to 10:17 a.m.)
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JUDGE TINLEY: Okay, let's come back to order, if we
were in recess. We'll be back in order. And at
Water, Lots 130, 130A, and 127R, as set forth in Volume 6,
Page 393, Volume 7, Page 29, and Volume 7, page 260 of the
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Plat Records, and located in Precinct 3.
(The regular Commissioners Court meeting was closed
at 10:17 a.m., and a public hearing was held in open
court, as follows:)
P U B L I C H E A R I N G
plat for Falling Water, Lots 130, 130A, and 127R, and I will
reconvene the Commissioners Court meeting.
(The public hearing was concluded at 10:18 a.m.,
and the regular Commissioners Court meeting was
reopened.)
JUDGE TINLEY: Let's come back to Item 10, if we
might. Consider, discuss, and take appropriate action on
procedure change regarding final inspection paperwork on
O.S.S. F. systems. Commissioner Oehler, I believe we've got
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the backup material now?
COMMISSIONER OEHLER: You do have the backup
material, and Tish is here. If you'd like to address that,
that would be fine.
COMMISSIONER BALDWIN: I've got a question, Tish.
MS. HULETT: Yes, sir.
COMMISSIONER BALDWIN: To kind of get this thing
going, I guess. In your recommendation, you list four items,
and item number one, inform the professionals of the final
scale drawing reflecting the actual installation. Does that
mean that the system has been installed and in the ground
before we require the final scale drawing?
MS. HULETT: Usually with the planning materials,
they will submit a drawing of what the plan is, where it's
supposed to go. And the problem is that a lot of times, you
get out to the site, and they may have made some changes and
they may have laid out the drainfield a little bit
differently; lateral lines might be, you know, shorter in one
area, longer in another. And our -- what we would like to get
from the installer or the designer of the system is an actual
drawing of what was installed, because the homeowner really
needs to know that later in the event they want to plant trees
or put a building up, a patio, and so it's very important to
know exactly where the components of that system were
installed.
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COMMISSIONER BALDWIN: So, we're requiring them to
provide that actual drawing of the components after it's put
in the ground?
MS. HULETT: Yes, sir.
COMMISSIONER BALDWIN: Okay.
i MS. HULETT: And we -- as indicated in Number 2, we
really would like to receive that final drawing at the time of
the final inspection, or prior to the final inspection.
COMMISSIONER BALDWIN: Yeah.
MS. HULETT: So when the inspector is there, they
can actually see how it differs from the original plan.
COMMISSIONER BALDWIN: Yeah. That's kind of where I
was going in my thinking. Seems like that we would want to
know -- we'd want to see -- actually see that the drawing is
what's in the ground, and compare it to that drawing. Now,
what happens if you go out there to inspect and you see
components doing different things, and then your drawing --
the drawing is different?
MS. HULETT: We usually will make notes of any
changes that are observed at the time of the inspection, and
we make our own rough sketch of -- of what we see. So, when
we -- and we inform the installer at the time that we will
need a final drawing in order to complete their paperwork.
And then, once their paperwork comes in, we review that
against our notes so we know that it's what we saw before we
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actually issue the permit to operate, and send a copy of that
drawing to -- to the owner. That's been our process.
COMMISSIONER LETZ: Tish, at final inspection, what
is the -- the system is installed. Is it all covered up and
cleaned up?
MS. HULETT: No, everything's --
COMMISSIONER LETZ: Everything's still open?
MS. HULETT: Everything is still open.
COMMISSIONER WILLIAMS: I'm a little unclear on one
thing, Tish. I listened to Commissioner Oehler earlier
explaining this. Is it our intention to have the as-builts in
your hands at the time you make the final inspection? Or
after you make the final inspection?
MS. HULETT: It is preferred to have it at the time
of the final inspection, but sometimes that is not always
possible to achieve, because an installer may be working with
a designer who may not be available to -- to do it right at
that time. And so we've kind of been working with people to
allow them -- excuse me -- the time to present that drawing to
us. The problem is -- is that we're not getting them in a
timely manner, and that's why we were wanting to set this --
COMMISSIONER WILLIAMS: I understand that, and
that's good. We -- I just want to be sure that I understood
what our intention is, because I look at the language in
Number 3, and it says if it is not received within 10 days of
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the final inspection, which suggests to me that they can have
an inspection and still wait 10 more days or whatever --
MS. HULETT: Well, we were just trying to --
COMMISSIONER WILLIAMS: -- for the as-builts.
MS. HULETT: -- to select a time frame that we
thought would be a workable number.
COMMISSIONER WILLIAMS: Okay.
MS. HULETT: To allow them time to get that to us.
And then if we don't receive it within a timely manner, then
we would send a notice to the homeowner to make sure that
they're aware of what is still missing, so hopefully the
homeowner can also pursue that with their -- either their
installer or their designer to help put some pressure to -- to
get what we need.
COMMISSIONER WILLIAMS: Based on your experience up
until now, do you think this will correct the problem?
MS. HULETT: I think it will.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: Looks good to me.
COMMISSIONER OEHLER: I move the approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the policy changes as presented -- procedure changes, I
guess is probably a better terminology.
COMMISSIONER WILLIAMS: Mm-hmm.
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JUDGE TINLEY: Any further question or discussion on
that motion?
COMMISSIONER BALDWIN: One more question.
MS. HULETT: Yes, sir?
COMMISSIONER BALDWIN: If you go out for the final
inspection and you have your little drawing of what you see
there, then they cover it up, and they have the authority to
present you with some changes? After you leave, then they
I change some stuff?
MS. HULETT: They shouldn't be changing anything.
COMMISSIONER BALDWIN: That's what I want to hear
~ you say.
MS. HULETT: No, sir, they should not be changing
~ anything.
COMMISSIONER	BALDWIN:	So, what you	inspect and
approve is the deal?			
MS. HULETT:	Yes, sir.		
COMMISSIONER	BALDWIN:	Okay.	
COMMISSIONER	OEHLER:	When she does	the final
inspection, then they	can then c	over it up. I	mean, that's
what they're waiting f	or that so	they can cove	r and finish the
job.			
COMMISSIONER WILLIAMS: The Commissioner's question
prompts one more.
MS. HULETT: Yes, sir?
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COMMISSIONER WILLIAMS: In the event of a situation
like Commissioner Baldwin just said, do you make field notes
at that point during your inspection so that when -- when the
final as-builts come in, that you compare your field notes
against as-builts?
MS. HULETT: Oh, absolutely.
COMMISSIONER WILLIAMS: Okay.
MS. HULETT: We have a specific checklist that we go
by for each type of system that we inspect.
COMMISSIONER WILLIAMS: Okay.
MS. HULETT: Yes, sir.
COMMISSIONER WILLIAMS: Thank you.
COMMISSIONER BALDWIN: I remember years ago --
several years ago, this Court -- there was a problem of people
having to wait -- wait on us to get out to inspect the thing,
and I remember the Court encouraging you all -- and it may
have been prior to you. I'm sorry, I can't remember when.
But it was a scheduling issue, of scheduling with these people
of when you're going to be there to inspect. Is that all kind
of working out, this time frame issue?
MS. HULETT: It has been. I'm a little concerned
right now, because we're just down to me, and it could become
a problem if we don't get a -- you know, a second inspector.
Right now, we're trying to change some procedures in the
office where I have time in the mornings to be in the office
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to take care of paperwork, plan reviews and so forth, and just
limit inspections to the afternoons. We're trying to make
sure the installers are all aware of that so that they know to
plan accordingly. It clearly states on the authorization to
construct that they need to notify us -- give us, you know,
time in order to book those inspections, but a lot of them
will call that morning and want one, or some call that
afternoon and want one that afternoon. So -- but, you know,
we will try to do the best service that we can for them. But
they need to -- we really need to get that additional position
filled --
COMMISSIONER BALDWIN: I understand.
MS. HULETT: -- as soon as possible.
JUDGE TINLEY: I assume you're telling the
installers up front on a frequent basis to give you as much
advance notice of when they're going to need these various
inspections?
MS. HULETT: Yes, sir.
JUDGE TINLEY: A continual education process.
MS. HULETT: Yes, sir.
JUDGE TINLEY: And reminder process.
MS. HULETT: Yes, sir.
JUDGE TINLEY: Okay. Any other questions or
comments? All in favor of that motion, signify by raising
your right hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Thank you,
Ms. Hulett.
MS. HULETT: Thank you.
COMMISSIONER BALDWIN: Good job, y'all.
JUDGE TINLEY: Where are we on the budget amendment
dealing with the --
COMMISSIONER BALDWIN: Tax Assessor.
JUDGE TINLEY: -- the Voter Registration, I guess,
is probably the generic term. We kind of left that open.
I've been advised that Ms. Bolin was not in her office. I had
Jody call and see if she was able to come down here and give
us a little bit more information, but she was not available.
I don't believe the amendment was approved, was it?
COMMISSIONER LETZ: No.
JUDGE TINLEY: Okay. Well, it's for -- it's for a
year in advance, so unless somebody wants to move forward with
it, I guess we've done what we can do there.
COMMISSIONER LETZ: We need to make sure that she's
aware that we did not approve it.
JUDGE TINLEY: Okay. It would appear at this point
that the only remaining item we have left is an executive
session item, so at this time, unless any member of the Court
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has anything to offer in public or open session with regard to
Item 11 -- let me call that. Consider, discuss, and take
appropriate action regarding interim Environmental Health
management. Any member of the Court have anything to offer in
that connection at this point? At this time, we will go out
of public or open session -- it is 10:31 -- to go into
executive or closed session.
SHERIFF HIERHOLZER: Were you going do the
informational --
JUDGE TINLEY: Yeah, we'll get that to that after
this. Yeah, tail end.
(The open session was closed at 10:31 a.m., and an
executive session was held, the transcript of which
is contained in a separate document.)
JUDGE TINLEY: Okay, we're back in open or public
session at 10:48, and any member of the Court have anything to
offer in connection with anything considered in executive or
closed session?
COMMISSIONER OEHLER: Yes. I would like to get
authorization for Tish --
JUDGE TINLEY: Hulett.
COMMISSIONER OEHLER: What's Tish's last name?
JUDGE TINLEY: Hulett.
MS. HYDE: Hulett.
COMMISSIONER OEHLER: Hulett to be the interim
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Environmental Health Manager, at the pay scale of an 18-12.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Any question or discussion on the motion? This is
during the time that she's acting in that capacity?
COMMISSIONER OEHLER: Yes.
JUDGE TINLEY: All right. Any other question or
comment?
COMMISSIONER BALDWIN: I guess -- would it be
necessary to put in there where the funds come from? Or
just --
COMMISSIONER LETZ: I think it comes from --
COMMISSIONER OEHLER: Still comes from Environmental
I Health.
COMMISSIONER WILLIAMS: Under the salary line.
COMMISSIONER BALDWIN: I understand that, but would
it be wise to actually put it in the order itself?
COMMISSIONER LETZ: Sure.
COMMISSIONER BALDWIN: Or just let the Auditor
figure that out on their own?
COMMISSIONER OEHLER: Well, it would come from -- we
can -- I can include that in the motion. It would come from
the Environmental Health budget, from funds remaining from
Miguel's salary line item.
COMMISSIONER BALDWIN: Thank you.
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JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: The increase.
JUDGE TINLEY: Any other questions or comments? All
JUDGE TINLEY: All opposed, same sign.
(NO response.)
JUDGE TINLEY: That motion does carry. Anything
else on the regular agenda, gentlemen? Reports from elected
officials? Mr. Sheriff, do you have anything for us?
SHERIFF HIERHOLZER: Just a couple things real
budget amount left in Inmate Medical, and I think we're going
to run into some problems before the end of the year. I know
that Solutions Network or -- I don't see exactly how much they
pay on medical; that goes -- all the bills go straight to
Tommy. But I know we're down to about 30-some percent now,
and I know we had two bills just last week of over $4,000
each, for just hospital. We're running about $12,000 in
prescription bills. I just see some kind of a train wreck
coming where that budget line item is concerned. And I'm a
little bit concerned over the jail operational budget line
item, due to the fact that the violence cell or padded cell,
twice this year we've had that cell tore up. Twice we have
had to have it repaired, which is over $4,000 each time on
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those. So, I think we're going to run real close. Just food
for thought. The last -- yes, sir?
COMMISSIONER BALDWIN: Let me ask you a question on
your first one. You were talking about medical expenses.
SHERIFF HIERHOLZER: Yes.
COMMISSIONER BALDWIN: Can you -- or do you -- can
you dip into their --
SHERIFF HIERHOLZER: Commissary.
COMMISSIONER BALDWIN: -- commissary monies?
SHERIFF HIERHOLZER: I do.
COMMISSIONER BALDWIN: You do that?
SHERIFF HIERHOLZER: I do that.
COMMISSIONER BALDWIN: They don't hardly have any.
SHERIFF HIERHOLZER: The only -- well, sometimes we
do, you know, collect some. We collect so much. The only
problem is, I don't know where Tommy puts that money when we
give it to him, okay? We collect it from commissary, all
right? And then we write the Auditor a check for that, and
I'm not sure if that goes back in general fund, or if it
goes -- actually goes into my expenditure line item, being
Inmate Medical. I'm afraid it may go into the general fund.
But we do collect as much as we can. We did not all of last
year, because, one, there were some legal issues on whether
you could. Two, our computer system -- the new system wasn't
allowing us to at that time, but this year I started to go
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ahead and do it. We got the system -- computer system worked
to where we could, so we started. And then last month -- few
weeks ago, we also received an A.G.'s opinion that says you
can do it, and -- but we had already been doing it.
JUDGE TINLEY: And you can go back to medical which
was accrued during a prior stint with --
SHERIFF HIERHOLZER: That was the --
JUDGE TINLEY: -- your little hotel, and you can go
back and collect it.
SHERIFF HIERHOLZER: Right. That was the whole
thing where the computer system wasn't doing it until earlier
this year. It does have a way, and we've been doing that.
I'd done it for years. Then, when we went to the new system,
I couldn't do it. Then, once the new system got -- January or
so, got worked out that I could do it, we started doing it
again, and we've been doing it ever since. And now they're
even saying that there's nothing wrong with doing it.
COMMISSIONER LETZ: Are you -- on average a month,
how much are we talking about going from the -- from the
commissary account to the Auditor?
SHERIFF HIERHOLZER: It varies greatly. You know, I
did have some -- some inmates that we were able to collect
over $1,000 out of their -- their individual account for prior
medical. Other ones -- and the problem you do have with it is
inmates learn that, and they learn the system, so what they do
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is, they have somebody that -- another inmate in their
cellblock that has no medical, they'll have that inmate's
family put money in that inmate's commissary, and then he buys
it for them. But, of course, when -- when we find out that
happens, we normally just mix up the cellblock so that they're
moved to a different cell. Then they have no way of getting
commissary from that other inmate, and then it's a personal
problem. They let them put it in his account, so then they
may lose their money. But, yeah, they're -- they know; they
find ways around it. You have to be very close on it. But we
do try and collect that money back. But it's indigency. You
can't -- there's -- there are some questions over -- you
cannot collect back more than what's actually paid by the
County, and there are some issues we're working out there.
Because for me to collect it, I got to collect it right away,
while the inmate's there and has money, or when he comes back,
and then I don't know what the new system is paying on that.
But we never collect all of it; I leave them some in their
commissary anyhow, so we collect a portion. So, we're still
covering, but --
COMMISSIONER BALDWIN: Rusty, I want to get back to
the computer system just real quick. Is the new system up and
running for you? Yes or no?
SHERIFF HIERHOLZER: The new system is up and
running. Is it doing everything it should or we were told or
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promised that it would do? No. Have I had some very heated
exchanges with the company? Yes. I --
COMMISSIONER BALDWIN: Well, you're --
SHERIFF HIERHOLZER: I don't like the system the way
it is right now.
COMMISSIONER BALDWIN: I've been hearing rumblings
around the whole courthouse system about it, and I'm wondering
if we shouldn't drag the guy back in here that stood right
here in this room and said he'd have everything fixed.
SHERIFF HIERHOLZER: Well, there are a lot of
issues. They were -- when I had a private meeting or
one-on-one meeting with that same person, he came out to our
office before he came here and gave y'all a report. I was
told during that meeting that they were not selling the system
any more until they got all those fixed, not taking on new
clients. I've -- I've had calls from commissioners, county
judges, and sheriffs from other counties where they are trying
to sell the system. They still have not taken care of our
problems. It doesn't do classification right. It doesn't do
suicide prevention right. There -- and so I have not given
Software Group favorable recommendations with any of those --
it's open.
COMMISSIONER OEHLER: It's open.
COMMISSIONER BALDWIN: I'm just waving to my friend,
~ my voter.
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SHERIFF HIERHOLZER: With any of those counties.
That may hurt us in the long run. I have been told that they
are going to have some data programmers come up and visit with
me, because they claim it's a data programmer's problem. The
programmers claim it's a trainer's problem. And there are
just -- it has the potential of being the best law enforcement
system I've seen in 27 years. It really noes, it it worxs
like they say. If they get the program sharing like they're
supposed to do and get all the bugs out of it, it can be the
best system. The City of Kerrville has called me, the chief
over there; they want to go to the system, which would be the
best law enforcement thing this county could ever do, is get
all law enforcement on the same system. I mean, that would
be, you know, remarkable for us, whether it's later in common
dispatch or later in anything. But I told the chief last
week, at this time, don't -- don't put it in your budget this
year; it's not worth it. I wouldn't give you five cents for
it.
COMMISSIONER LETZ: What percent of it is working?
I mean, if you can put it in that term.
SHERIFF HIERHOLZER: It's the little problems that
come up. If you said -- if you just want a decent, overall
system, probably 75 percent. And that's just a -- a guess off
the top of my head. But it's a lot of the little details that
don't work. It was supposed to be very user-friendly. It's
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very hard to learn. It's very hard to use. It is not
user-friendly, not at this time, okay? It takes us twice as
long to book people into the system. It takes us twice as
long to release them. It takes my officers twice as long to
write reports. I mean, it's -- it's fabulous, because, you
know, we purchased scanners out of seized money and we can
scan documents in, and I can go and pull up a full report with
all the photographs, with everything right there. Which is,
you know, a tremendous advantage over what we used to have,
and going to have to find the hard copy and look at the
photographs and that. So, there are some tremendous
advantages to it, but it's just -- it's very clumsy and very
hard to use right now.
COMMISSIONER LETZ: Rex, do we have any recourse
about -- or anything we can do? Our maintenance that we pay
is, obviously, extremely high. We were given, I guess, a --
quote, "a deal" on this system to get -- to entice us to
switch to it early on. Is there any recourse? Are we just
pretty much stuck?
SHERIFF HIERHOLZER: Before you go into that, one
other thing. There is some problems that are ours, training
issues. And I think maybe in the next budget, maybe,
whatever, the County truly needs to look at getting more
training hours for every County employee on the system,
because we're finding a whole lot of things that the system
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never knew about those back ways of doing things.
COMMISSIONER BALDWIN: That's probably true.
SHERIFF HIERHOLZER: A big portion of it, that's
COMMISSIONER BALDWIN: Yeah, that's probably true.
MR. EMERSON: Okay. To answer your question,
probably not, because there is not any document that exists
that I'm aware of that specifically lays out what the system
is supposed to do. I've asked for that document multiple
times, and I'm not aware that it exists. And if you don't
have anything in writing to compare the performance against,
what are you going to go after?
COMMISSIONER LETZ: Probably, in reality, trying to
put it into a document would be such a voluminous document...
SHERIFF HIERHOLZER: Well, I can remember when we
all went to Ableterm or Software Group back in the late '80's,
early '90's, and we did have all these same issues. The first
several years, we had inadequate training; the system wasn't
good. We had a lot of issues with it, and I won't say this is
any different than that was. It's just there is such a
greater volume of people using the system, you have more
mistakes. There is -- their data entry, you know, is just --
it compounds everything when we're in that same deal starting
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all over. The conversions caused a lot of problems, and it's
just a lot of training and a lot of cleanup.
JUDGE TINLEY: To the extent --
SHERIFF HIERHOLZER: Sir?
JUDGE TINLEY: To the extent that they're issues of
deficiencies of the provider, it would seem to me that our
best leverage is in being a resource to other prospective
purchasers of this same system.
SHERIFF HIERHOLZER: That's the avenue I've taken,
okay? Of course, your computer programmer -- or computer data
person didn't like it when I took that attitude, because he
said if they don't sell more, they're not going to be able to
fix ours better. And I said I don't care; until they fix
ours, I'm not going to recommend it to anybody.
JUDGE TINLEY: I don't think that should be used as
an excuse for us to be untruthful with our contemporaries in
other counties.
SHERIFF HIERHOLZER: I can't do that, and I won't,
not when it's a law enforcement system and it means that much.
Now, the CAD system, like the computer-aided dispatch
interface, there are some remarkable things that this system
does that have really helped us. But me giving good monthly
reports or things and being able to print out good statistical
reports as Sheriff and seeing where we are, I can't do it.
And that may be a training issue. I'm not saying it's not.
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It's just a very hard system to learn, and we need to spend a
lot of money on training a lot of employees.
I have my employees at night -- dispatchers, when
it's down, are doing nothing but merging people, because
there's thousands of duplicate people in the system. And they
constantly keep getting added to it, either by the courts or
by law enforcement. But a lot by the courts, because one very
simple -- if there's a civil case and Bruce Oehler is filed on
for -- for a lawsuit, somebody's going to sue him and they
know his name is Bruce Oehler, that's the way it has to be
E. Oehler, or whatever it is, okay, that's the way we have it
and everything, and the court will not go in -- if that
attorney filed it as Bruce, that's the way they have to enter
it. So, you know, you -- you -- they have to enter a new
person as Bruce with no identifiers, because normally your --
your civil lawyers don't have that person's name, date of
birth and all that, and so they enter it as Bruce. We already
have him in there as Bruce E., so now he's in there twice.
It's the same person, but because of the way it's done -- or
if it's an indictment which indicts, say, me as Rusty
Hierholzer, instead of William R., that's a whole new person,
though even though I'm the same person, and you end up with
thousands of duplicates.
And then where it's serious on my part is, if my
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officers stop William R. Hierholzer on the road and run a
check on him and see if he's wanted, he may very well not show
having any warrants outstanding for him, but if you ran him as
Rusty Hierholzer, he may show he was wanted for murder
no knowledge of what's he's getting into, because these people
are entered so many different ways. So, I have dispatchers at
night that are doing nothing but going into documents and all
these, trying to merge these people and get rid of the
duplicates, and it is a nightmare. But -- so we have that
type issue.
JUDGE TINLEY: They don't have the ability to do
that by virtue of the date of birth and Social Security number
or D.L. number yet?
SHERIFF HIERHOLZER: The courts do have the ability.
That's one of the nicest things about this system, is say I
want to issue an indictment under Rusty Hierholzer, and that's
my alias, okay? Then I can change that alias by clicking on
it to my primary name for that purpose, issue the indictment,
and it will print out under Rusty Hierholzer. Then go back
and change that alias to William R. But it's a training issue
on that, too, to let them know they can do that and have
access to be able to do that. And it causes -- like I said, a
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classifications, suicide prevention did not work. Programming
deal. They never told us it didn't work. I got told it
said, "You're not classifying them right. You're not doing
suicide prevention right." I said, "Yeah, we are. Here it
is." "NO, you're not. I already know this system, because
Hays County or Comal County had it." And he said, "We already
found it. Software already knows about it. They've gone back
to using four people to classify their inmates, because it
takes that much to be able to do it." And Software knew about
And
I blew a gasket at those people, because I think they should
have let us know instead of waiting a year after we're using
it to tell us, and everything we had done was wrong for a
year. So, yeah, there were issues, okay.
But if we can move on, another thing, just to give
you a very brief outline on the investigation of the former
County Treasurer, we have -- we are still moving forward. I
know there hasn't been much. We have met with the Attorney
General's office. Preliminary schedule is that there is a
Grand Jury on the 16th of April, 216th Grand Jury. It's very
likely to be presented to that Grand Jury. The Attorney
General person that would be representing it, though, also is
scheduled for another trial in another part of the state
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during that same time. If that goes, it's going to -- the
Grand Jury date will have to change. If it -- if that trial
doesn't go, then it's very likely to go to Grand Jury on that
day. The State will not do a forensic audit.
COMMISSIONER WILLIAMS: State will not what?
SHERIFF HIERHOLZER: Will not do an audit. We
cannot show any state funds missing. And 1 think this is
something that needs to be put on the agenda, maybe by the
Judge, for a future court date to consider that. I think
there needs to be an executive session in that part, too, to
let me explain some of the things so that the Court can make a
decision with everything that we've uncovered, and see if
y'all think a full-blown expensive audit's necessary. And
that's it, gentlemen.
JUDGE TINLEY: Thank you, sir.
COMMISSIONER WILLIAMS: Can I ask the Sheriff one
quick question, totally unrelated to either topic?
SHERIFF HIERHOLZER: Yes, sir.
COMMISSIONER W7LLIAMS: Just really quickly, Rusty,
how's the interactive training going on that takes place out
there between you and AACOG academy?
SHERIFF HIERHOLZER: It's been very slow. The --
AACOG has had some problems. It's not on our part; it's on
AACOG's. I know the person that was in charge of it, as of
last week, is no longer working for AACOG. They have got some
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issues with the designers and the installers are coming back
up. I did qet an e-mail last week, and my training
coordinator was aware they are going to train a few more
people, and they are now going to offer it -- as soon as
that's finished, offer it to the entire region, at least for
core courses, mandated courses, and just about anything is
what they're saying in their e-mail, for a while at a total --
totally non-cost basis to get people interested, get people to
come in and use it.
COMMISSIONER WILLIAMS: That's the reason I asked
you the question. Thank you.
SHERIFF HIERHOLZER: It is coming, and I'm looking
forward to that kicking off.
COMMISSIONER BALDWIN: Are you talking TCLEOSE?
SHERIFF HIERHOLZER: Yes, TCLEOSE-certified courses,
everything.
COMMISSIONER WILLIAMS: Yeah, the TCLEOSE courses.
SHERIFF HIERHOLZER: Free of charge.
COMMISSIONER BALDWIN: On your screen in your
training room. It's about time.
SHERIFF HIERHOLZER: So, it looks good. They've got
some issues with -- you know, they had -- their T-1 line or
something was a little bit clogged up 'cause it was the only
one that served AACOG; there was some slowness in it, and if
you played a video on their end and watched it on this end, it
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kicking off. It's going to be great.
COMMISSIONER WILLIAMS: Thank you.
COMMISSIONER BALDWIN: 50, you're saying that --
like, in the past, you've had jailers that want to become
TCLEOSE-certified police officers. They are no longer going
to have to drive to San Antonio?
SHERIFF HIERHOLZER: That long of a course, I'm not
sure they're going to offer that yet, okay? Because that is
-- you know, if it's a four-hour course in the evenings,
you're talking a nine-month academy. I'm not sure they're
going to do a full-blown academy. They are going to do a lot
of the -- the core courses. They're going to do jailer
certification, corrections officer certification, a lot of our
mandated courses that each officer has to have every year, and
then a lot of elective courses, just better things. And we're
going to do some here that they will teach down there to their
students, vice-versa, 'cause I have some very good instructors
and that that can -- can do all that. And it's --
COMMISSIONER BALDWIN: It would be things, like,
that would help a police officer work toward his master --
SHERIFF HIERHOLZER: Yeah. If they, you know, limit
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them to 40-hour courses, like -- well, the jailer's course,
96-hour course now, and they're going to offer those type.
But when you get into the full-blown law enforcement academy,
that's probably going to be a while yet.
COMMISSIONER BALDWIN: I would hope that they move
SHERIFF HIERHOLZER: I would too. There -- there
are some things in that, though, that are actually -- that
they do down there that are actually physical, hands-on, which
would be hard unless, you know, we had instructors too on the
physical parts and things like that, that you can't do here.
JUDGE TINLEY: Thank you, sir.
SHERIFF HIERHOLZER: Thank you.
JUDGE TINLEY: You had something?
MR. EMERSON: I do. I'll start out with the
computer stuff, since that ended up being a major issue. Bad
news is, Hot Check program for Odyssey absolutely stinks. The
good news is that we cut it off at the pass before it was ever
installed. We've canceled the installation of it. We will
not be using it in my office. The existing program we have
costs a whopping $700 a year, and works very well. We're
going to stay with that program. And on the positive side,
it's saved the county 55,000, which, as I understand, Tommy
said the money's already allocated and has to be applied to
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the program, so net savings is 110,000, if you take the 55 and
throw it at the principal, which is the way it has to happen.
So, that's good. On the down side, we've had two computer
hard drives crash in the last month in my office. I had
enough funds in the budget to cover the first two. If it
happens again, I don't know that I do. So --
SHERIFF HIERHOLZER: And that's a good point. I've
been -- I've bought -- purchased about four computers in the
last four months -- three, four months out of seizure funds,
'cause ours are crashing, and so we've been doing that. But I
think this coming budget year, that the County's probably got
a lot of computers that are just not --
COMMISSIONER LETZ: How old were these computers
that are crashing?
MR. EMERSON: Our two were four years.
COMMISSIONER LETZ: Yeah, about --
MR. EMERSON: And John -- John seemed to think that
part of the failure was a direct result of all the power
fluctuations that we had down there last year.
JUDGE TINLEY: How --
MR. EMERSON: Assuming y'all were aware of that. We
had a lot of power fluctuations going on, and after probably
six months of searching for them, I think one of the electric
companies finally found a break in the main cable and replaced
it, where I guess it was getting shorted by the water getting
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into the cable, or something to that effect. We have not had
any fluctuations since that time. But -- but John seems to
think that really took a toll on the hard drives, so we'll
cross our fingers and hope we make it through rest of the
budget year.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: Do you have anything, Ms. Hyde?
JUDGE TINLEY: Yes.
MS. HYDE: I have some good news. Normally I end up
having bad news.
(Ms. Hyde handed documents to the Court.)
COMMISSIONER OEHLER: That's one for everybody. Do
you want one?
MS. HYDE: I need to give her a different one; this
still has the names on it.
THE CLERK: I'm special.
MS. HYDE: But she gets a special one. And then
I'll ask that you give these back. So far -- this is Mutual
of Omaha. What they have agreed so far to give us back, which
is $8,761.50. This will be applied towards the next billing
that we get. The other thing is, the Mutual of Omaha bill was
running 30K a month, and due to us terminating and fixing the
bill, going back and reviewing the bill, the bills are now
running $16,000, $17,000 a month.
JUDGE TINLEY: Thank you.
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COMMISSIONER OEHLER: How about that?
COMMISSIONER WILLIAMS: Very good. That's good.
COMMISSIONER OEHLER: Can you do that again next
I month?
JUDGE TINLEY: Got to have these back?
MS. HYDE: 'Cause they got names on them.
COMMISSIONER OEHLER: Buster, you got to give it
I back.
JUDGE TINLEY: Can't keep it. We'd have to just
draw a line through you.
COMMISSIONER OEHLER: H.R. Director giveth and she
taketh away.
COMMISSIONER BALDWIN: I guess I've seen all I need
I to see.
MS. HYDE: I'll give you one without names, sir.
COMMISSIONER WILLIAMS: You've seen all you're going
I to see.
JUDGE TINLEY: Okay. Any reports from Commissioners
in connection with their liaison assignments or otherwise?
Nudge him.
COMMISSIONER LETZ: He's pondering, I think.
COMMISSIONER BALDWIN: Well, the issue that we
addressed today, the joint -- the committee on joint --
dispatch.
JUDGE TINLEY: Dispatch.
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COMMISSIONER BALDWIN: I don't -- I haven't heard a
peep out of the City. Have y'all? I really would like to see
this thing get moving, take a step. And that step would be
them get their committee together. But in the -- in the
interim, Rusty, I'd like to see otir committee come together
one time and start talking about some goals and -- and some of
the -- you know, and actually write down what we think -- you
know, just get prepared to -- when we get into the full
committee, that -- that the county side of it knows what we're
doing, and -- are you going to talk about the same thing?
SHERIFF HIERHOLZER: Similar, yes.
COMMISSIONER BALDWIN: And I'd just like to see the
County knowing what they're doing, and kind of on the same
page, if we can. Just have -- sit down and have a visit
without -- without breaking any kind of Open Meetings Act
rules. That's all. Go ahead, I'm curious what you got.
SHERIFF HIERHOLZER: Well, I agree with you that if
this thing is going to go, we need to get the committees
together.
COMMISSIONER BALDWIN: We're talking about having a
damn meeting. How hard is that? I'm not talking about the
final product. I mean, just the City/County sit down and have
a visit.
SHERIFF HIERHOLZER: To urge that, let me read you
an e-mail from one of my sergeants this weekend.
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COMMISSIONER BALDWIN: Okay.
SHERIFF HIERHOLZER: On 4-6-07, we responded to this
call, which is an aggravated assault call. The problem is how
the call was handled by dispatch; specifically, K.P.D. 911.
This call came in as a 911 call, and K.P.D. dispatcher told
In
The
Yarbrough one-man unit called K.P.D. and was given the
information concerning a lady being held at knifepoint for
three days by cell phone. Our dispatcher was kept in the dark
about this incident, and the call was never transferred by
K.P.D. Our dispatcher, Misty, probably knows more, 'cause we
got into it. I asked the K.P.D. dispatcher to transfer the
call down to -- this was confusing, 'cause our dispatchers
didn't know where our officer was even going to or anything,
or neither did our sergeant. And she advised that it was just
easier to keep the lady on the line, and our dispatchers would
just get confused, and that was it. Never gave us a call.
And, yes, I sent an e-mail back to the chief saying, "This
won't be tolerated." I cannot have them taking a call,
refusing to transfer the 911 call to our dispatcher, where it
can be dispatched and all my officers know about it, and their
dispatcher just gets -- you know, tells our west unit to call
them on the phone. "It's just too confusing for us to go
transfer it, for that caller to have to go through it again
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with y'all's dispatcher. We're just going to handle it and
not let anybody know." There are some problems, okay?
COMMISSIONER LETZ: On the dispatch -- this is
calls are going to be routed to Kerrville dispatch, and
they're going to have to manually send it over to Boerne to
get an ambulance dispatched.
SHERIFF HIERHOLZER: And they can transfer easily;
SHERIFF HIERHOLZER: There are some things -- even
Commissioner Williams may remember the call that I let him
listen to where you go through -- and I can see that. That's
-- that little girl shouldn't have had to do what she had to
do on that particular call. But all I need is, on 911 calls,
it shows up on caller ID. And if it doesn't, if it's from a
cell phone, if they will ask the person first, "Are you in the
city or are you in the county?" And transfer the call. If
it's county, don't go through everything with them and then
decide, well, we've already got it all; we're not going to
transfer it. We'll dispatch it and handle it, and not keep --
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you know, my officers have no idea what they're going to, and
they get different information. So, yes, the meeting needs to
take place. We need to either start working on this, or I
need to start trying to have one-on-ones with the chief and
say things have to change.
COMMISSIONER BALDWIN: I'm glad you said all those
things with the room full of press; get the information out.
SHERIFF HIERHOLZER: You asked late.
COMMISSIONER LETZ: Sure.
committee, and we've adopted -- we've amended that order to
include that, and we hope they would see the propriety in them
doing likewise. And we'd ask them to do that, and do whatever
they need to do on their end to get this thing expedited so
that the committee can start meeting and working.
COMMISSIONER LETZ: We could ask that -- you know,
office, Judge, that we'd like to have this committee meeting
sometime in May. I mean, at least that's, you know, pretty
easy to accomplish, in my mind. That gives them three or four
City Council meetings.
COMMISSIONER OEHLER
Hopefully we don't get the
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same response we got from Mrs. Summerlin.
COMMISSIONER LETZ: But that's -- I was going to
bring that up in a moment.
JUDGE TINLEY: That's exactly --
COMMISSIONER OEHLER: I guess --
JUDGE TINLEY: -- the state of my mind.
COMMISSIONER BALDWIN: May 15th is a good -- good
target date.
SHERIFF HIERHOLZER: Are y'all going to say
May 15th?
COMMISSIONER BALDWIN: Hmm?
SHERIFF HIERHOLZER: Is that the date y'all are
going to --
JUDGE TINLEY: Suggest to them that we would hope
the committee could commence their meetings in that time.
SHERIFF HIERHOLZER: We will. I don't know when,
but after school's out in June, I will be off for at least a
few weeks.
i COMMISSIONER BALDWIN: Me too.
JUDGE TINLEY: Okay. Is that all you got,
Commissioner?
COMMISSIONER BALDWIN: Yeah. Yeah, I reckon.
JUDGE TINLEY: How about you, Commissioner Williams?
COMMISSIONER WiLLIAMS: Couple things. We've had a
couple initiatives that came through this Court, applications
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which had been approved and moved through the conduit.
Recommended favorably, I should say, and that was the Kid Care
Safe Haven project, which we asked for $399,903. That
received a favorable review and is moving through the conduit
to wherever the conduit takes it, as well as the one for the
those received favorable review and are moving toward the
funding pot -- the great funding pot in the sky. A gentleman
named Roscoe Wilson, who represents a company called A.M.I. --
and that's a Florida-based company, A.M.I. is, that operates
nonsecure residential boot camps. And these folks are looking
to expand their operations in Texas in conjunction with
contracts with T.Y.C., if, as, and when T.Y.C. gets its
problem straightened out and begins doing contracts once
again. Anyhow, Mr. Wilson called and asked for permission to
visit the -- the detention facility, take a look at the old
building, and he did that. And Kevin provided him with square
footage and let him take pictures and whatever, whatever,
whatever. And we'll wait to hear -- see whether we hear back
from him or not.
JUDGE TINLEY: Of course, if they're in the business
COMMISSIONER WILLIAMS: Judge, I honestly don't
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JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: -- whether he did or not,
but it would seem like he might have, by reason of looking at
our facility.
JUDGE TINLEY: Mm-hmm, yeah.
MR. EMERSON: One comment to add to that. The
T.D.C.A.A. update that we received over the weekend that was
on the fax machine this morning basically says that apparently
the Legislature and/or the committee that's handling T.Y.C.
has pulled a number out of thin air and decided that we don't
need more than 3,000 kids in T.Y.C. Even though there's
4,600-plus right now. And nobody seemed to know where the
number came from, but that's the number.
COMMISSIONER WILLIAMS: Stay tuned.
JUDGE TINLEY: What's their normal safe operating
capacity for their existing facilities?
MR. EMERSON: 1 don't know.
JUDGE TINLEY: Do you know what that number is?
MR. EMERSON: 7 don't know, but I know the update
said that they were definitely removing the two facilities
from T.Y.C., giving them back to T.D.C., and had kind of just
indicated that I guess they're not going to fund those other
1,600 or 1,700 kids. i
SHERIFF HIERHOLZER: They're going to release them. ~
What'd Kimbrough do, release 500 the other day?
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COMMISSIONER WILLIAMS: That's all I have, Judge.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: Kind of a -- it's a question to
JUDGE TINLEY: At one point, that was suggested. I
indicated to her that we had a Commissioners Court meeting, so
I -- I didn't -- didn't see that as maybe an available date.
And then I told her I would, however, inquire of the other
members of the Court. And when I got back to her that, well,
maybe the 9th was okay, her response was that, well, during
the interim, based upon my initial thought that because we had
a Commissioners Court meeting and that maybe that wouldn't
work too well, one or more members of her group had made other
commitments or whatever, and -- and we're going to have to
look for other dates. So, I said I would continue, and that's
where we're continuing. The last communication I had from
her, as I recall, was that it looks like it's going to be on
into May.
COMMISSIONER LETZ: April just got here, but that's
fine. One other point, just to invite and remind everyone on
~ the Court that on the 13th at 10 o'clock in the morning is the
opening of the new terminal at the airport. Gene Sartin, I
believe, is going to be the featured speaker. I believe
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you're speaking briefly?
DODGE TINLEY: I've only got -- they've only allowed
me 40 minutes.
COMMISSIONER LETZ: Forty minutes?
COMMISSIONER WILLIAMS: Wonderful.
COMMISSIONER LETZ: And hopefully it won't rain,
because if it does, it will be a little bit muddy. The -- the
bids for the landscaping came in over 25,000, so it has all
been put on hold, and it's going to have to be a -- go out for
sealed bids, or go out for proposals and all -- that whole
25,000 and above way to get it done. And it will be back on
the Airport Soard agenda in May. So, hopefully it won't be a
little muddy out there.
COMMISSIONER WILLIAMS: Another couple footnotes
there on airport matters that the Court might be interested
I in. We haven't reported back to the Court on our workshop,
~ and we -- and that was a workshop that involved the board
without staff, and there were three members of the general
public who were there as well and listened, and a couple of
them, of course, were economic development inclined people,
and one other interested party. And I thought that -- my
personal thought on the matter is that it was time well spent,
and we managed to get through a lot of sticky-wicket issues,
and I'm hopeful that maybe we've turned the corner on the --
on the issue of Airport Manager ultimately reporting to the
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Airport Board. There seems to be -- one of the objectors has
now seen the wisdom of that, and so maybe that gives us four
votes that --
COMMISSIONER BALDWIN: Okay, we got to have names.
COMMISSIONER WILLIAMS: -- are in favor of that
approach. And --
COMMISSIONER BALDWIN: Who's changed their heart?
COMMISSIONER WILLIAMS: A member of City Council.
COMMISSIONER LETZ: Chuck.
COMMISSIONER WILLIAMS: Chuck.
COMMISSIONER BALDWIN: See? When you invite them to
feed them catfish, buddy, you get things done. (Laughter.)
COMMISSIONER WILLIAMS: And the other thing is, the
mayor and I worked out the advertisement for the new board
member to be -- and it's running; it ran in this past
weekend's paper, and will run again, as well as perhaps a news
story.
COMMISSIONER LETZ: Not sure -- I'm not sure we
updated the Court; Dr. Davis has let us know he will not be
reappointed.
COMMISSIONER WILLIAMS: I thought we told them
Dr. Davis is not going to re-up again. And as of the last
Airport Board meeting we had, there were already a bunch of
applicants, so we're going to have a lot of folks to choose
£rom.
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COMMISSIONER BALDWIN: Who makes that --
COMMISSIONER WILLIAMS: Which is good.
COMMISSIONER BALDWIN: Who makes that election?
COMMISSIONER WILLIAMS: Commissioner Letz and I, and
two City Councilmen.
COMMISSIONER LETZ: We'll make a recommendation; it
will come before this body and City Council.
COMMISSIONER BALDWIN: Are you looking for
airplane-minded people or business people?
COMMISSIONER WILLIAMS: We're looking for business
and aviation people, and I think there are plenty of them out
there who have both sets of credentials.
COMMISSIONER LETZ: There's a lot of interesting --
I mean, --
COMMISSIONER BALDWIN: I bet there is.
COMMISSIONER LETZ: -- I'm amazed at the number of
people that want to get on this board. I don't know if it's
because of the controversy or because they think it's a fun
board. I don't know what the reason is, but it's a -- seems
to be quite a bit of interest.
COMMISSIONER WILLIAMS: I think so.
JUDGE TINLEY: Anything else?
COMMISSIONER LETZ: I don't think so.
JUDGE TINLEY: Four?
COMMISSIONER OEHLER: Well, I guess -- let me see.
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Liaison duties. The Ag Barn got -- the air conditioning part
of it -- heating and air part of it got repainted by two
community service workers that also provided the paint. No
charge to Kerr County. Happened the week after the
Commissioners and Judges conference. I thought that was a
pretty good deal.
COMMISSIONER BALDWIN: That is interesting.
COMMISSIONER WILLIAMS: And they actually provided
the paint?
COMMISSIONER OEHLER: They provided the paint. They
had quite a bit of time, I think, to serve, and -- and Dan
Edwards made a deal with them, and to and behold, they showed
up in person with paint and did the job. Looks nice.
Ms. Hyde and I have been -- of course, you know, we've been
meeting with Environmental Health, trying to keep that thing
going until we get another person hired down there. Animal
Control has -- has improved their web site, and now they have
pictures on their web site of animals to be adopted. And I
think last week the cats got put on. Am I correct?
MS. HYDE: Yeah.
COMMISSIONER OEHLER: And so it looks real good.
And hopefully that will get more animals adopted and less have
to be done away with. Library, oh, my, that's coming up --
the budget on that will be coming up in May. And I assume
it's going to be several times before I present it to the
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Court. I think we all have some concerns about that. Let me
see, what else? Did I miss anything?
SHERIFF HIERHOLZER: You might tell Buster they got
another mule out there, is what I was just told.
COMMISSIONER OEHLER: Hey, Buster, we got a mule for
Bobby.
COMMISSIONER BALDWIN: I thought it was a donkey.
MS. HYDE: It's not a horse; it's got floppy ears.
COMMISSIONER OEHLER: That's more like a donkey.
COMMISSIONER BALDWIN: May be a big old jackrabbit.
COMMISSIONER LETZ: What kind of donkey? Where is
I it?
COMMISSIONER OEHLER: Animal Control had it at the
~ Ag Barn.
COMMISSIONER LETZ: At the Ag Barn in one of those
stalls?
COMMISSIONER OEHLER: Well, go by and look at it.
Maybe you're interested. You can use it for a training tool
for your children.
MS. HYDE: But we promised Bobby first dibs, for the
Sheriff's --
COMMISSIONER OEHLER: I don't think it's big enough.
COMMISSIONER BALDWIN: He's got to have a mule.
SHERIFF HIERHOLZER: Donkey won't work.
COMMISSIONER BALDWIN: Big mule.
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COMMISSIONER OEHLER: 16-hand or better mule.
COMMISSIONER BALDWIN: With big fluffy ears.
COMMISSIONER WILLIAMS: Big army mule.
SHERIFF HIERHOLZER: That's what he needs.
COMMISSIONER LETZ: Before -- let me go back to one
thing. We have -- at our last meeting, I think we kind of --
I guess we're not doing anything else in Maintenance; we're
just going to leave the structure the way we last set it.
Who's liaison? Are we going to -- is one person -- is the
Judge -- you're the liaison? Are you down as the liaison to
all three components? Or --
JUDGE TINLEY: No, I was --
COMMISSIONER LETZ: -- are we going to divide it up
i some?
JUDGE TINLEY: No, I -- when you went with -- with
splitting off the Ag Barn function out there, that probably
floated over in y'all's area.
COMMISSIONER OEHLER: Yeah. See, I've been working
with that, too. And you've been escaping.
COMMISSIONER LETZ: Well, you were doing such a fine
job, I didn't want to interfere.
COMMISSIONER OEHLER: Yeah, I've got your "fine
job."
JUDGE TINLEY: I think the record is clear now.
He's on the hook, though.
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COMMISSIONER OEHLER: I think he is. I've got
witnesses.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: Boy, am I glad I got out of
I that.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: I do have a question,
though, in that context, of Ms. Hyde. Where are we in
transferring the parks maintenance guy back to the Maintenance
Department?
MS. HYDE: That was supposed to be on the
Commissioners Court agenda this time, and we didn't put it on.
COMMISSIONER WILLIAMS: That's why I asked the
question.
MS. HYDE: It wasn't put on there.
COMMISSIONER OEHLER: Did I mess that up?
MS. HYDE: I'll take the hit for that.
COMMISSIONER OEHLER: Okay, you take the hit for
that; I'll do it next time.
JUDGE TINLEY: I may have some responsibility there,
being maintenance --
COMMISSIONER OEHLER: Yeah.
COMMISSIONER LETZ: That needs to be on the next
agenda.
JUDGE TINLEY: We'll get it on the next agenda.
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Okay.
MS. HYDE: Because we really need to have Mr. Odom
in here as well. 'Cause that --
COMMISSIONER OEHLER: And also, they -- Alyce called
me the other day, and in a panic. After all the rain and
everything, she couldn't get the park all mowed by herself,
and Bobby's crew couldn't do it 'cause they can't run any
tractors or any mowers or anything like that. That's kind of
against the rules. And it needed to get it done for the
Easter festival that was going to happen on -- on the weekend.
And so I called Road and Bridge and got them to bring back a
little mower over there, and they sent two people over; they
mowed the entire park, the part that Alyce didn't get done.
And I think they mowed the -- maybe even done the polocrosse
field and some other areas that needed mowing.
SHERIFF HIERHOLZER: They mowed out at our office,
too.
COMMISSIONER OEHLER: So we need to thank them.
COMMISSIONER WILLIAMS: What kind of crowd did they
have for the Easter deal? Do you know?
COMMISSIONER OEHLER: I have no clue; I was out of
town.
COMMISSIONER WILLIAMS: Yeah, I was too.
COMMISSIONER LETZ: Had to be miserable.
COMMISSIONER WILLIAMS: Had to be pretty miserable
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for them. I saw some pictures in the paper this morning.
COMMISSIONER OEHLER: You only saw two people in the
picture in the paper.
COMMISSIONER WILLIAMS: Any of your relatives?
COMMISSIONER OEHLER: No. I hope not. Anyway,
other than that, I don't know what else to report. I think
Commissioner Letz and I are going to do a little -- a little
investigative planning after this meeting at the Ag Barn to
see about some questions we might ask about -- one being from
Sandy Yarbrough on wanting to build a storage facility out
there. And --
COMMISSIONER BALDWIN: I think we authorized that
several years ago.
COMMISSIONER OEHLER: Well, you may have, but they
still --
COMMISSIONER WILLIAMS: No, it's another one. We
authorized some smaller temporary one; now they want to build
a bigger --
COMMISSIONER OEHLER: They want a 30-by-40 now.
COMMISSIONER WILLIAMS: That's a new building.
COMMISSIONER OEHLER: So we need to be careful, look
at the future plan.
COMMISSIONER LETZ: And Extension's got some ideas
for some -- they're looking for -- Roy would like to have a
county spot for 4-H projects, so we're looking at that a
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little bit at the same time.
COMMISSIONER OEHLER: So we're going to hash it out,
and then we'll come back to the Court in the very near future,
I would imagine, with something we need authorization on.
JUDGE TINLEY: That it?
COMMISSIONER OEHLER: And your wallets. If you want
to just donate money, we'll take money.
COMMISSIONER BALDWIN: Judge, I've got one more
thing I want to talk about, unless you want to talk for a
while.
JUDGE TINLEY: Are you going to give me an
opportunity to talk, let me take my 40 minutes?
COMMISSIONER BALDWIN: Forty? No, I want to go
ahead and get into mine.
JUDGE TINLEY: Okay. Well, why don't do you that?
COMMISSIONER BALDWIN: 'Cause we're pretty close.
JUDGE TINLEY: You need to get to Buzzie's, right?
COMMISSIONER BALDWIN: No, not going to Buzzie's.
We need to go somewhere, though. A couple of years ago, the
Court authorized me to look into this old fountain out here,
of doing something with that, and I want to do something with
it. But what we had talked about, and always been in the back
of my mind, is probably tear that thing down and build
something similar to what the City has across the street,
which I think is absolutely beautiful. Because the City did
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it, we can't do anything like that. But --
COMMISSIONER WILLIAMS: He does that stuff.
COMMISSIONER LETZ: No, not for the county, I don't.
COMMISSIONER BALDWIN: Is that your heart
medication, or --
JUDGE TINLEY: Pacemaker.
COMMISSIONER BALDWIN: Your pacemaker. Or your
j telephone?
JUDGE TINLEY: Rebooting.
COMMISSIONER BALDWIN: His color's coming back;
don't thump him. (Laughter.) And so I went through the
process. I was real uncomfortable about doing anything with
it without permission from the family that donated it, and I
went to that family, and one member -- or actually a couple of
members of that family agreed to let us tear it down and do
something. But I -- when I presented it, I presented it in a
way that there would be another fountain type thing there. It
is a memorial, and kind of want to stay in that vein. I'd
rather not do anything to it unless we do a fountain type
thing, because that's what the -- the donating family kind of
agreed to. And I've always had in the back of my mind that we
were going to have a prisoner or a community service person
that's going to be here long enough that knew how to lay rock.
I began to understand that that's impossible to find a person
like that, so I'm thinking that we need to address this
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ZS
100
fountain issue in the budget process. And if you -- if you
wad it up, put it in the trash can, that's fine, but I still
think we need to talk about it. The thing is ugly. Everybody
wants to tear it down. It needs to go; it needs to change,
and I'd like to get that done. So, I guess what I'm saying
is, I'll bring it up during the budget process, see where it
goes from there.
COMMISSIONER OEHLER: Part of the problem, I think,
years ago -- one reason I think it doesn't have any water in
it any more, the pump went out multiple times, but also, when
it was working, seemed like we had a lot of different things
being put into it that created excess suds and bubbles and
various things. And so I think that if we address that issue,
maybe we need to think about less volume of water.
JUDGE TINLEY: We may want --
COMMISSIONER OEHLER: Maybe a smaller pool. Don`t
you think, Mr. Baldwin?
COMMISSIONER BALDWIN: Absolutely. Something like
what the City has across the street. That is --
COMMISSIONER OEHLER: That's very nice.
COMMISSIONER BALDWIN: That is a neat thing, and it
circulates -- it's not -- they don't add new water --
COMMISSIONER OEHLER: Right.
COMMISSIONER BALDWIN: -- to it a1L the time.
COMMISSIONER LETZ: They can make them pretty easily
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now that don't have any pool, just have an underground
reservoir that's kind of covered with gravel, and goes right
up where the pump is, so you don't have -- you almost
eliminate the maintenance totally almost at this point
COMMISSIONER OEHLER: That would be nice.
COMMISSIONER BALDWIN: You're donating that part?
COMMISSIONER LETZ: A pump? I'll give you a pump.
JUDGE TINLEY: Put it down.
COMMISSIONER BALDWIN: Yeah. One pump, Letz.
JUDGE TINLEY: We probably also want to follow the
City's lead and make sure that it is recycled water only.
COMMISSIONER BALDWIN: Absolutely.
JUDGE TINLEY: That is utilized in connection with
that, to demonstrate our desire to -- you know, to protect the
environment.
COMMISSIONER BALDWIN: Absolutely.
COMMISSIONER LETZ: Rainwater harvesting.
COMMISSIONER BALDWIN: Yeah, rainwater harvesting.
COMMISSIONER WILLIAMS: Put the barrels out there.
COMMISSIONER BALDWIN: Put some giant tanks all
around it.
COMMISSIONER OEHLER: The spouts on the courthouse,
probably get some from that.
JUDGE TINLEY: I would suggest to you that there are
two folks right there that probably have more ability to
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deliver you a long-term rocklayer than anybody else around.
That's a whole 'nother issue. Budget. The Auditor has
advised me that he's getting the worksheets together so that I
can have those here shortly, and we will be distributing those
amongst the various elected officials and department heads,
and so that we can start on that process here pretty -- pretty
quickly. Other than that, that's about all I got to lay in
front of you.
COMMISSIONER LETZ: One more last thing. I don't
think anyone's going to want to do it, but if anyone wants to,
the Auditor recently handed me -- or last week handed me the
management discussion thing that I've been working on the last
several years.
COMMISSIONER BALDWIN: Boy, you did a great job,
too, Jon.
COMMISSIONER LETZ: If anyone else wants to do that,
I'll be glad to let somebody else take a shot at it.
COMMISSIONER BALDWIN: Man, you did such a good job.
JUDGE TINLEY: He's always done so good on the first
draft, and then laid it in front of us.
COMMISSIONER BALDWIN: Really didn't have to have a
second draft.
COMMISSIONER OEHLER: I don't know anything about
it; I don't want to know. You're doing great. Did I do good
on that one?
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COMMISSIONER BALDWIN: You did good on that one,
buddy, believe me. We want Letz to do it.
JUDGE TINLEY: Okay. Anything else, gentlemen? We
will stand adjourned.
(Commissioners Court adjourned at 11:42 a.m.)
STATE OF TEXAS
COUNTY OF KERR
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my
capacity as County Clerk of the Commissioners Court
of Kerr County, Texas, at the time and place
heretofore set forth.
DATED at Kerrville, Texas, this 13th day of
April, 2007.
JANNETT PIEPER, Kerr County Clerk
BY : _~:U~GI ~/ncQJ __ __ _____
Kathy anik, Deputy County Clerk
Certified Shorthand Reporter
9-9-07
ORDER NO.30224
GUADALUPE RIVER PARADE AT FLAT ROCK LAKE PARK
Came to be heard this the 9th day of April, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler. The Court
unanimously approved by vote of 3-0-0 to:
Approve the request of Clear River Advocates to hold The Guadalupe River
Parade at Flat Rock Lake Park on August 18, 2007.
ORDER NO.30225
AACOG GRANT FUNDING FOR JUVENILE PROBATION DEPARTMENT
Came to be heard this the 9th day of April, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Resolution to be sent to AACOG to apply for grant funding for the
Juvenile Probation Department.
ORDER NO. 30226
JOINT DISPATCH STUDY COMMITTEE
Came to be heard this the 9th day of April, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously
approved by vote of 4-0-0 to:
Approve amendment to Court Order #30082 regarding the Joint Dispatch Study
Committee, to include Rowan Zachary, Ingram City Marshall.
ORDER NO. 30227
APPOINTMENT OF ROB McCUTCHEON TO AACOG CRIMINAL JUSTICE
ADVISORY COMMITTEE
Came to be heard this the 9th day of April, 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 appointment of Rob McCutcheon as the Kerr County Representative
on the AACOG Criminal Justice Advisory Committee, and appoint Bill Hill as the
Alternate.
ORDER NO. 30228
HERMANN SONS ROAD RIGHT OF WAY
Came to be heard this the 9th day of April, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously
approved by vote of 4-0-0 to:
Authorize the County Surveyor to go out and do preliminary work as to what needs
to be acquired, how much acreage we are talking about, and what the exact
alignment should be, to obtain an additional right of way on Hermann Sons Road.
ORDER NO. 30229
EXCHANGE OF RIGHT OF WAY FOR THE END OF UPPER TURTLE
CREEK ROAD
Came to be heard this the 9th day of April, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Accept the new road so that it can be opened by the Road and Bridge
Administrator, and have the County Attorney draw up any legal documents that we
need to do a quitclaim of the old road back to the property owner, contingent on
the County Attorney researching whether or not a Public Hearing has been done on
this and/or whether a Public Hearing is needed for this situation.
ORDER NO. 30230
APPROVE PUBLIC HEARING OF 3/26/07 FOR CONSTRUCTION OF
STUDENT RESIDENCE FACILITIES PROJECT
Came to be heard this the 9th day of April, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler. The Court
unanimously approved by vote of 4-0-0 to:
Authorize the County Judge to approve the Public Hearing held on March 26,
2007, and the issuance of financing or bonds in an amount not to exceed
$4,100,000 and the construction of student residence facilities project as required
by Section 147(f) of the Internal Revenue Code.
ORDER NO.30231
CLAIMS AND ACCOUNTS
Came to be heard this the 9th day of April, 2007, came to be considered by the
Court various Commissioners Precincts, which said Claims and Accounts are:
Accounts Expense
10-General	$	147,537.69
14-Fire Protection	$	17,662.67
15-Road & Bridge	$	34,416.40
18-County Law Library	$	3,196.06
19-Public Library	$	36,972.25
50-Indigent Health Care	$	37,762.89
76-Juv Detention Facility	$	1,084.40
TOTAL
$ 278,632.36
Upon motion made by Commissioner Baldwin, seconded by Commissioner
Williams, the Court unanimously approved by vote of 4-0-0 to pay the claims and
accounts.
ORDER NO. 30232
BUDGET AMENDMENT #1
ROAD & BRIDGE
Came to be heard this the 9th day of April, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Williams, the Court unanimously
approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
15-611-550 Paving (Cold Mix)
15-350-350 O.R.C.A. Funds
Amendment
Increase/QDecrease


*-Funds received from ORCA for reimbursed road repair-related materials expense
TCDP contracts: #724441 & $722411
ORDER NO.30233
BUDGET AMENDMENT #2
COUNTY JUDGE
Came to be heard this the 9th day of April, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
10-400-486 Out of County Mileage
Amendment
Increase/()Decrease
+ $90.69
10-400-485 Conference Dues & Subs - ($90.69)
ORDER NO. 30234
BUDGET AMENDMENT #3
198th DISTRICT COURT
Came to be heard this the 9th day of April, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Williams, the Court unanimously
approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
10-436-403 Civil Court Appointed Atty
10-436-497 Court Transcripts
10-436-401 Court Appointed Services
Amendment
Increase/QDecrease
+ $3,015.67
+ $428.41
- ($3,444.08)
ORDER NO. 30235
BUDGET AMENDMENT #4
JURY FUND
Came to be heard this the 9th day of April, 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
10-434-496 Interpreters
Amendment
Increase/QDecrease
+ $446.00
10-434-492 Juror Fees - ($446.00)
ORDER NO.30236
BUDGET AMENDMENT #5
JUVENILE DETENTION FACILITY
Came to be heard this the 9th day of April, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
76-572-461 Copier Lease
76-572-486 Professional Services
Amendment
Increase/QDecrease

($3,550.00)
*NOTE: To cover expenditures for current budget year ending 9/30/07.
ORDER NO.30237
FINAL INSPECTION PAPERWORK ON OSSF SYSTEMS
Came to be heard this the 9th day of April, 2007, with a motion made by
Commissioner Oehler, seconded by Commissioner Letz. The Court unanimously
approved by vote of 4-0-0 to:
Approve the procedure change regarding requiring final drawings at the time of the
final inspection, or prior to the final inspection, on OSSF systems, as presented.
ORDER NO. 30238
INTERIM ENVIRONMENTAL HEALTH MANAGEMENT
Came to be heard this the 9th day of April, 2007, with a motion made by
Commissioner Oehler, seconded by Commissioner Letz. The Court unanimously
approved by vote of 4-0-0 to:
Get authorization for Tish Hulett to be the Interim Environmental Health Manager
at the pay scale of an 18/12 during the time that she is acting in that capacity, with
funding to come from the Environmental Health Department budget, from funds
remaining from Miguel's salary line item.